1. IMPLEMENTATION OF RECOMMENDATIONS OF FINAL REPORT OF JALI COMMISSION OF INQUIRY Presentation to Select Committee 2006-11-15 An Age of hope: a National Effort for Corrections, Rehabilitation and Social Re-integration of Offenders

2. PURPOSE Purpose of Presentation provide feedback to Select Committee on work done by DCS in dealing with final report of Jali Commission of Inquiry Format of Presentation 1.Background 2.Summary Of Departmental Processes 3.Status: Implementation Of Recommendations On Systems & Policies 4.Status: Implementation Of Recommendations On Misconduct Matters 5.Conclusion 3

3. 1. BACKGROUND 4 Commission’s Terms Of Reference – corruption, maladministration, violence or intimidation in 9 Management Areas including Head Office Duration of Commission Feb 2002 to Dec 2005 Structure of Commission’s report Vol 1 Systems and Policies; Vol, 2 Misconduct Findings; Vol 3-5 Interim Reports Management Areas on which Commission conducted investigations- Pretoria, Johannesburg, Ncome, Pietermaritzburg, Durban-Westville, Pollsmoor, St Albans, Middledrift & Grootvlei Conducted through Public Hearings Submitted 11 interim Reports

4. 2. SUMMARY OF DEPARTMENTAL PROCESSES Final Report received by Office of President in Dec 2005 and by Department in March 2006 Constituted Task team to analyze & summarize report for Management Established Centralised Departmental Task Team to deal with disciplinary cases Branches dealing with & finalize issues relating to systems & policies Quarterly reports to be provided to Commissioner & Minister on progress w.e.f 30 September 2006 Minister to provide letter to President on completion of implementation at end of process Matter prioritized as project for reporting in terms of Government Programme of Action Full Report has been published on Website 5

5. 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES 1.HISTORICAL BACKGROUND Strategies undertaken to lay foundation for transformation Undue Union influence appointment - Most Managers no longer in Department Remarkable progress made in attracting external skills Disciplinary Code recently amended to ensure effectiveness 7

6. 7 2.TRADE UNIONISM Separate Bargaining Unit for Senior Management investigated by DPSA – Salary matters already dealt with separately Professional association for Senior Management also being investigated by DPSA Discrepancy between Agency shop agreement fee & Labour Relations Act addressed Relationship Building by Objectives (RBO)’s Ministerial Labour Consultative Forum 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

7. 3.CORRECTIONAL CENTRE GANGSTERISM Need for effective strategy identified in new White Paper on Corrections Strategy currently under development Policy makes provision for classification & separation of offenders Protection Plan provides for separation of different risk categories Offender Rehabilitation Path makes provision for profiling of offenders Involvement of officials in promotion of gang activities is a serious offence 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

8. 4.RECRUITMENT / MERIT AWARD IRREGULARITIES Public Service Act & Regulations entrust Minister an accounting officer with authority relating recruitment Recruitment process partly outsourced Recruitment policy & procedures in process of being consolidated Internal controls put in place for proper management of merit awards 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

9. 5.CORRECTIONAL CENTRE SECURITY Installation of technology part of Correctional Centre upgrading as well as new generation centers Offender Rehabilitation Path makes provision for profiling & categorization of offenders Security awareness part of Basic training & refresher training Reward system for both offenders & officials in place Ethics & anti-corruption course developed & implemented 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

10. 6.TREATMENT & DETENTION OF OFFENDERS IN ISOLATION & C-MAX INCLUDING NUTRITION New offender disciplinary code consistent with human rights & principles of natural justice Chairpersons of offender tribunals trained in new Code Detention in single cells should be consistent with principles of natural justice (procedural fairness) Measures put in place to implement three meal system 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

11. 7.SEXUAL VIOLENCE AGAINTS INMATES IN CORRECTIONAL CENTRES Human Rights training part of Basis training modules Profiling & categorization will assist in separation & protection of vulnerable (ORP) Rape protocol & procedures have been developed Sexual offences treatment program is being designed Protection Plan aimed at prevention sexual assaults. Operational agreement with Centre for Study of Violence & Reconciliation to conduct survey on sexual violence 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

12. 8.PLACEMENT OF OFFENDERS ON PAROLE New Act has transformed structure & composition of Parole Board to ensure accountability 52 New Correctional Supervision & Parole Boards in place Parole Board decisions subject to review by a Parole Review Board Parole Boards guidelines consistent with Promotion of Administrative Justice Act to ensure fair & accountable decisions Restrictions placed on medical Parole aimed at ensuring safety of community & victims 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

13. 9.CONVERSION OF SENTENCES OF IMPRISONMENT INTO CORRECTIONAL SUPERVISON Survey conducted at request of Minister to determine backlog No need for amendment of section 276A of Criminal Procedure Act as section 299A of Act makes provision for involvement of victims in Parole Hearings 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

14. 10 POWERS & FUNCTIONS OF INSPECTING JUDGE Independent statutory body not subject to DCS control Independent Prison Visitors may report corruption matters for further investigation No need to amend Act at this stage 11. PRISON OMBUDSMAN DCS has internal investigative capacity in line with Cabinet decision Departmental Investigation Unit centralized to ensure impartiality DCS signed a Memorandum of Understanding with SAPS, SIU & DSO for Mutual Support No need for an additional agency 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

15. 12.OVERCROWDING Identified as JCPS priority since 2002 Interdepartmental Task Team established Research project underway on offender projection model Overcrowding monitored in Risk Management Committee All Regions have Risk Mitigation Plans on overcrowding Approval of amnesty is Presidential prerogative (section 84 of Constitution) Correctional Services Act provides statutory measures (section 62(f), 63A & 81) Management of Remand Detention Project 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

16. 13.ABUSE OF POWER BY SENIOR OFFICIALS DCS employment equity Policy currently undergoing intensive review & development Comprehensive training to be conducted upon completion of current policy review. 14. DISCIPLINARY ENQUIRIES DCS Disciplinary Code & Procedures recently subjected to intensive review Chairpersons & Initiators undergoing training on a continuous basis to enhance compliance with Labour Law principles Enforcement of discipline considered as management line function & cannot be outsourced 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

17. 15.OVERTIME POLICY In line with PSC recommendations on overtime, DCS decided to migrate to 7 day working week establishment Agreement concluded in 2005 with recognized Unions for phasing in of 7 day establishment Three Recruitment Agencies contracted to expedite recruitment process. Overtime currently managed in a responsible manner 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

18. 16.PROCUREMENT & LOGISTICS Policies & procedures extensively reviewed to enhance internal controls Components continuously subjected to internal auditing & inspection to monitor compliance Meetings held on a continuous basis between National office functionaries & Regional Heads: Finance & Supply Chain Management to raise policy awareness 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

19. 17.CORRECTIONAL CENTRE WORKSHOPS & STOCK CONTROL SYSTEM Policy & procedures have been reviewed to enhance internal controls Workshop computer system password protected Component continuously subjected to internal auditing & inspection to monitor compliance Monitoring & evaluation visits conducted by National office 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

20. 18.IMPLEMENTATION OF PREVIOUS INVESTIGATIONS INTO DEPARTMENT Thrust of PSC & DPSA reports mainly on irregularities relating to recruitment, promotions, merit awards, overtime abuse of power including fraud & corruption regarding procurement matters Current interventions & measures cover both Commission as well as PSC & DPSA proposals on these matters Departmental Investigation Unit responsible for coordination, management & keeping of data relating to investigations System developed for management of all information relating to corruption cases 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

21. 19.IMPLEMENTATION OF COMMISSION’S INTERIM REPORTS Commission’s request for outsourcing of disciplinary hearings in contravention of Collective Agreement DCS from time to time sourced services of external people for chairing with regard to senior management cases in line with Ministerial directive Concern relating to implementation of 8 th interim report not founded All officials (nurses) referred to in report resigned before commencement of disciplinary hearings - Matter only referred to Nursing Council for further handling 3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

22. Interim Reports:  From 11 Interim Reports - 93 officials disciplined, 47 dismissals, 22 warnings, 13 acquittals & 11 resigned/passed away Medcor Fraud Disciplinary hearings already commenced  701 members implicated DCS received 120 files from DSO Charged internally 96 (others passed away / resigned / medically boarded) 4 hearings two dismissed 94 pending in 2 hearings Anticipated timeframes to finalize hearings & appeals November 2007 18 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

23. Reporting to External Agencies Reports where members are implicated in criminal activities were forwarded to NDPP Medcor fraud cases (120) – DPP KZN Criminally charged in groups of four (4) Two found guilty – fine & suspended incarceration Others already criminally charged with different dates of cases commencing in 2007 Professional bodies were already informed of misconduct of professionals (e.g. nurses) 20 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

24. Final Report : started to analyze different cases whilst simultaneously assessing capacity needed to deal with cases from 26 June 2006 Team of 20 members from different Regions set up –Centralized team not representing specific region – Members of Team convened at different stages – Budget process took place simultaneously –Projections - R 1,5 mil. 2006/07; R 2 mil. 2007/08 –R 500 000.00 allocated –Expenditure to date R 330 000.00 (venues / accommodation / S+T claims) 10

25. Processing Documentation Jali Reports – Executive Summary & 5 Volumes ± 3500 pages Transcription of all hearings plus exhibits ± 95000 pages Groups had to analyse –Report –Select relevant part of transcription & exhibits –Formulate report to indicate: What evidence is available Are witnesses still available Where are members & witnesses stationed Whether further investigation needed. 12 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

26. Established sub-teams to focus on particular management areas as per terms of reference & where alleged misconduct took place:  Pretoria  Johannesburg  Ncome  Pietermaritzburg  Durban / Westville  Pollsmoor  St Albans  Middledrift 11 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

27. Prepared 48 investigation reports implicating 109 members. (7 SMS members included) - 6 investigations still ongoing Initial report indicated 135 members implicated but after scrutiny of documentation certain cases could not be persued due to lack of evidence / witnesses deceased/ untraceable In terms of Resolution 24/1997 (Disciplinary Code & Procedure) members implicated must be afforded opportunity to reply to allegations. In some cases Resolution 1/2001 will be applicable with same provisions. 13 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

28. All these members were served with letters in this regard Letters indicating allegations against them applying audi alteram partem rule - reason being that members chose not to appear before Commission & their versions are not available Process now followed is finalization of internal investigation In all cases Commission recommended suspension: Suspensions considered in view of recommendations only 12 members potentially qualified After consideration of their responses one member was suspended & hearing is scheduled 15 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

29. Current Process Serving of charges on implicated members: -Task team members started as from mid October 2006 serving charge sheets on implicated members -Hearings will be scheduled depending on schedule of parties involved – prehearings have started in Ncome, PMB, East London and JHB Appointment of chairpersons –18 members confirmed as Chairpeople - to be allocated as cases are ready –SMS members hearings will be chaired by GPSSBC Commissioners 17 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

30. Key Challenge in Disciplinary Process is time period for disciplinary hearings - Most of alleged misconduct relates to period prior to 2001 Resolution 24/1997 states that employer should finalize an investigation within 14 days & finalize a disciplinary hearing within 30 days thereafter Jali Commission hearings are exceptional & Department will rely on case law to address this area Availability of witnesses (Deceased / Resigned / Released from correctional system) 19 4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

31. 5. CONCLUSION 22  Work relating to systems & policies has been concluded and is integrated into Strategic and Operational planning of DCS  Continuous monitoring & evaluation through delivery on strategic plan and operational plan  Task Team managing misconduct investigation and hearings will report to Minister on Quarterly basis until completed.

32. THANK YOU An Age of Hope: A National Effort for Corrections, Rehabilitation and Social Re-integration of Offenders THANK YOU The End An Age of hope: a National Effort for Corrections, Rehabilitation and Social Re- integration of Offenders