1. Summary and Analysis of the 2013/14 Annual Report of the Judicial Inspectorate for Correctional Services
Mpho Mathabathe: Researcher Portfolio Committee on Justice and Correctional Services

2. Introduction
The purpose of this presentation is to assist the Portfolio Committee on Correctional Services on its deliberation on the Annual Report of JICS.
This is in line with Section 55(2) of the Constitution which states that the National Assembly is required to provide mechanisms to ensure that executive organ of state and public entities in the national sphere of government are accountable to it.

3. Mission of JICS Mission of the JICS includes to:
Prevent human rights violations through the monitoring of mandatory reporting systems,
Maintain an independent complaints system,
Promote transparency regarding the activities of the Judicial Inspectorate.

4. Structure of the Report
This Annual Report (AR) consist of 5 chapters
Chapter 1 focuses on the Statutory mandate of the Inspectorate
Chapter 2 focuses on Administration
Chapter 3 looks at Inspections, Investigations, Complaints and Mandatory reporting
Chapter 4 looks at community oversight and stakeholder engagement
Chapter 5 looks at special projects and research

5. Management of the Inspectorate
The current Inspecting Judge is Judge Vuka Tshabalala who was appointed on 1 November 2011 for a period of three years
The Chief Executive Office, Mr Carelse was suspended on 12 September while Mr Masondo who is the Director was since appointed acting CEO of the Inspectorate

6. Key Successes and Challenges
There has been a substantial decrease in the number of disciplinary matters from 12 (in 2012/13) to 2 (in 2013/14)
Key Challenges
Almost half of the employees of the Inspectorate are on contract (46%). This remains a pressing issue for the Inspectorate
Lack of commitment to fund the new post establishment by the Department of Correctional Services remains a challenge for the Inspectorate

7. Key Successes and Challenges (Cont..)
Over-spending of the budget by R5 million
Allocation o office space by the Department of Public Works (DPW) is still a challenge
There has been a decrease in the number of females employed by the Inspectorate from 52% (in 2012/13) to 46% (in 2013/14).

8. Administration Human Resources
The inspectorate had 45 approved funded post on their fixed establishment. 1 position was vacant as at 31 March 2014
There were 38 staff on a fixed contract (34 in 2012/13)
There were only 2 disciplinary cases involving staff as compared to 12 the previous financial year. In both cases final written warnings were issued
Number of training/workshops/courses were attended by staff.

9. Administration Financial Management
Budget allocation was R representing 0.17% of DCS’ budget
The final expenditure at the end of the financial year was R (R in 2012/13)
There was over-spending of R5 million
Compensation of employees: R (R in 2012/13)
Goods and Services: R (R in 2012/13)
Communication: R (R in 2012/13)

10. Administration Financial Management
Travel & subsistence: R (R in 2012/13)
Leases: domestic equipment: R (R in 2012/13)
Stationery & printing: R (R in 2012/13)
Venues & facilities: R (R in 2012/13)
Other: R (R in 2012/13)

11. Administration IT
Inspectorate dependent on many transversal systems of DCS. The system used by the Inspectorate falls under DCS and the Internet is also controlled by DCS.
The State Information Technology Agency (SITA) provides the Inspectorate’s Head Office with IT support for all hard ware and sowt-ware related matters whereas DCS provides support on all network-related matters

12. Administration Transport
There are 20 vehicles (22 in 2012/13) of which 4 are older than 10 years with extremely high mileage were identified for disposal.
The fleet of vehicle is insufficient to meet the Inspectorate’s operational needs. In some instances the Inspectorate borrows vehicles from DCS
The Inspectorate depends on funding from DCS in order to purchase vehicles.

13. Inspections, Investigations, complaints and mandatory reporting
Composition of inmates in correctional centres
Sentenced
Remand
Total
( /13)
44 236
Children: 235
Children: 181
416 (148 in 2012/13)
Juveniles:
Juvenile:
44856 ( in 2012/13)
Females: 2235
Females: 663
2898 (2613 in 2012/13

14. Inspection, Investigations, Complaints and Mandatory Reporting
Inspections and Investigations
A total of 91 (93 in 2012/13) inspections undertaken in correctional centres with the following general findings amongst others:
Infrastructure inadequate: 44 instances
Insufficient programmes: 16 instances
Occupational health and safety: 15 instances.
Specific findings
Rotten fruits distributed to inmates at Bakley East correctional centre
No educational programmes offered to juveniles at Harrismith correctional centre

15. Mandatory reporting Investigations
A total of 20 (39 in 2012/13) investigations were conducted
Number of centres investigated due to allegations of serious assaults by Emergency Support Team (EST)
Complaints
Complaints Unit of Inspectorate received complaints from various sources
Most complaints related to transfers (243), other (181) parole (115) assaults inmates by officials (109) .

16. Mandatory reporting Deaths Suicide Unnatural= 46 (57 in 2012/13)
Hanging= 20
Medical overdose= 2
Self mutilation= 1
Smoke inhalation= 2

17. Mandatory reporting Segregation
There were (7 493 in 2012/13) cases of segregation reported
Since the Inspectorate relies on the Department to submit reports on segregation, there should be a way in which the Inspectorate can verify if the number of segregation reports are accurate
Mechanical Restraints
There were 271(207 in 2012/13) reports on the use of mechanical restraints received by the Inspectorate
Again, there should be a way in which the Inspectorate can verify if the number of Mechanical Restraints reports received are accurate

18. Mandatory reporting Use of Force
There were 191 (83 in 2012/13) reported cases on the use of force by officials to inmates. What are the difference between use of force reported to JICS and assault (officials to inmates) reported to JICS?
There should be a way in which the Inspectorate can very if the number of reported cases on the use of force is accurate

19. Community Oversight and Stakeholder Engagement
Independent Correctional Centre Visitors (ICCVs)
ICCVs are appointed for each correctional centre after public consultations and nominations. ICCVs are independent contractors who are remunerated for the number of hours they spend at a correctional centre
The Inspectorate currently has 309 ICCV posts establishment but there are only 273 ICCVs
Some of the ICCVs serve two correctional centres
Ratio of ICCVs to inmates is currently 1:536 based on 288 filled posts. What is the target for ICCVs per month?
Vacancies in ICCVs posts are as a result of resignations for greener pastures; dismissal for submitting fraudulent claims etc.

20. Community Oversight and Stakeholder Engagement
Requests and Complaints dealt by ICCVs
There were ( in 2012/13) requests and complaints dealt with by ICCVs in 2013/14 financial year. What are the outcomes of these complaints? How do the ICCVs influence the outcomes of the requests and complaints? Are they just messengers?
Majority of requests and complaints related to lack of communication with families (68 352); transfers (60 083); health care (52 647) and bail (46 301).

21. Recommendations and Conclusion
There has been an increase in the number of requests and complaints dealt with by ICCVs. The Inspectorate should find ways to report on the outcomes of these complaints and requests
The issue of funding for the Inspectorate should be looked at, in particular funding for the new approved structure
The Portfolio Committee on Justice and Correctional Services should engage with the PC on Public Works to enquire into the delays by DPW in finalizing the procurement of office space for the Inspectorate

22. Recommendations and Conclusion
The Inspectorate should consider the following specific recommendatons:
Convert their chapters into programmes as follows: Programme 1: Administration; Programme 2: Inspection, Investigation, Complaints and Mandatory Reporting; Programme 3: Community Oversight and Stakeholder Engagement; Programme 4: Research and Special Projects
Allocate budget for each of the above programmes and report on expenditure for each programme
Look at possibilities of setting targets for each programme.

23. End, Thank You