Briefing to the Portfolio Committee on Justice and Correctional Services: Sector Analysis, Budget Vote 18

ZAKHELE HLOPHE

CONTENT ADVISER

14 APRIL 2015

14/14/2015

Introduction: Structure of the Presentation Purpose of the briefing

DCS’s constitutional mandate, legal and institutional framework

Medium-Term Strategic Framework (2014-2019) and the National Development Plan

DCS’s Strategic Plan (2015/16 to 2019/20) and APP (2015/16), Budget MTEF.

Conclusion

4/14/2015

Purpose of Briefing•To provide strategic support to the Committee by • giving a Sector Analysis on the Committee’s Correctional Services Portfolio

• giving a background analysis and context to the DCS’s and JICS’s Strategic and Annual Performance Plans in line with MTSF, NDP and Budget Vote 18

4/14/2015

DCS roles & functions within the CJSThe DCS is part of South Africa’s Criminal Justice Systems Supports and implements decisions of the courts in relation to pre-trial, trial, post trial

decisions Supports and complements police work of combatting crime Supports and complements the prosecution function of the NPA

Primary roles Imprison, at the behest of the police/ prosecuting authorities/ and the courts Suspects on remand Convicted offenders on remand Sentenced offenders-custodial sentences

Rehabilitation Sentenced offenders

Social reintegration Sentenced offenders on probation and parole

4/14/2015

DCS’s constitutional obligationsDerives its obligations from the

Constitution

Bill of Rights

Right of arrested, detained and sentenced persons (s.35)

Right to health care services, food, water…(s.27)

Right to human dignity (s.10)

Right to freedom and security of the person (s.12)

Right to education (s.29)

Children’s rights (s.28)

Right to Freedom of Religion (s.31)

4/14/2015

DCS’s Statutory MandateDerives its primary legal mandate from

Correctional Services Act, Act No. 11 of 1998, as amended, which provides for

Establishment, functions and control

Custody of all detainees under conditions of human dignity

Rights and obligations of detainees

A correctional system and a system of community corrections and correctional supervision, among others

4/14/2015

DCS’s Statutory Mandate: treatment of offenders Criminal Procedure Act, Act No. 51 of 1977

Section 63A

◦ Provides for release of detainees who do not pose danger to society and cannot afford bail set by the court on application by Head of Prison

◦ Chapter 28

◦ sentencing of convicted accused

◦ granting of parole

◦ conversion of sentences to correctional supervision

◦ Section 299A

◦ regulates victim involvement in the decisions of parole boards

◦ Sections 159A, 159B, 159C

◦ Postponement of proceedings via video link with certain detention facilities

4/14/2015

Correctional and Remand Facilities243 Correctional and Remand Facilities◦ Inmate population 155,000;◦ About 111000 (about 70%) of these are sentenced offenders.◦ About 44700 (about 30%) are remand detainees,◦ On average 15% to 20% of the 44700 remand detainees are in custody because they could

not afford bail. (2)◦ Of total inmate population of the 155,000, 27000 are categorised as youth.

DCS Strategic Plan 2015/16 to 2019/20

(2) Portfolio Committee on Correctional Services, Handover Report, May 2009-March 2014

4/14/2015

South Africa in comparison with the world

86

8

70

7

61

1

54

3

53

5

52

9

51

0

49

5

49

2

47

1

45

0

43

0

42

5

42

4

42

2

42

2

41

1

39

6

38

9

38

3

COUNTRIES WITH THE MOST PRISONERS PER 100,000 INHABITANTS, AS OF JUNE 2014 COUNTRIES WITH THE LARGEST NUMBER OF PRISONERS PER 100,000 OF THE NATIONAL POPULATION, AS OF

JUNE 2014 DATA

4/14/2015

Current international ranking on prison population

2 2

17

00

0

1 6

57

81

2

67

3 8

18

58

1 5

07

41

1 9

92

33

0 9

23

25

5 6

38

22

5 6

24

16

7 1

63

16

5 0

33

15

7 8

24

14

2 6

36

11

6 7

60

11

0 9

25

93

04

4

85

68

1

78

01

3

74

94

4

72

81

6

72

27

8

COUNTRIES WITH THE MOST NUMBER OF PRISONERS AS AT JUNE 2014

4/14/2015

Africa’s top 201

57

82

4

93

04

4

72

81

6

62

00

0

60

22

0

57

12

1

55

61

8

54

00

0

42

01

3

35

30

1

25

33

7

25

00

0

22

00

0

21

63

4

19

10

1

18

85

7

18

71

9

17

03

8

15

66

3

14

72

8

AFRICAN COUNTRIES WITH MOST PRISONERS AS AT JUNE 2014

4/14/2015

Year Number of Sentenced Inmates

Percentage Change and somefactors impacting fluctuation

Number of RemandDetainees

Percentage Change and some factors impacting fluctuation

Total Inmatepopulation

Total OfficialCapacity of DSC

1995Jan

92581 24265 • Stricter bail Sch 5& 6 offences (s60 CPA)

116846 96361

121% above capacity

2004Jan

136500 • +60%• Fear of crime • Intro of minimum sentences

law (1998)• 518 (1996) – 6998 life

sentences= +1250%

48396 • +100%• Stricter bail Sch 5& 6

offences (s60 CPA)

184806 114821

162% above capacity

2013Aug

104878 • -30% in 10 years• President’s SpecialRemission = 45000, including those whose sentences had expired.

51492 • +6.5%• Stricter bail Sch 5& 6

offences (s60 CPA)• S63A of CPA

156370 120000

139% above official capacity.

2014 111088 • ?? 44700 • CMMA (2011) 1550004/14/2015

Correctional Centre Approved

Unsentenced Sentenced Total % Occupationaccommodation

Pietermaritzburg 1330 1291 1243 2534 190.53

Grahamstown 309 326 268 594 192.23

Barberton Farm Max. 845 3 1640 1643 194.44

George 514 343 692 1035 201.36

Baviaanspoort Max. 355 0 718 718 202.25

East London Med. B 543 1107 10 1117 205.71

Zonderwater Med. A 877 0 1825 1825 208.1

Grootvlei Max. 890 1373 525 1898 213.26

Durban Med. B 2053 0 4381 4381 213.4

Pretoria Local 2171 4368 367 4735 218.1

Leeuwkop Max. 763 0 1671 1671 219

Mount Frere 42 0 92 92 219.05

Pollsmoor Max. 1872 3255 925 4180 223.29

Caledon 215 366 115 481 223.72

St. Albans Max. 717 0 1611 1611 224.69

Lusikisiki 148 178 161 339 229.05

Thohoyandou Female 134 19 289 308 229.85

Umtata Max. 720 0 1662 1662 230.83

Johannesburg Med. A 2630 5957 154 6111 232.36

Fort Beaufort 162 170 215 385 237.65

Bizana 57 73 68 141 247.37

Middledrift 411 0 1060 1060 257.91

King Williams Town 301 532 264 796 264.45

Johannesburg Med. B 1300 0 3579 3579 275.31

Thohoyandou Med. B 219 696 24 720 328.77

Umtata Med. 580 1092 953 2045 352.59

4/14/2015

• “South Africa’s incarceration rate remained the highest in Africa and one of the highest in the world (at 139%, from 170% in 2002/03). Some correctional centres recorded levels of overcrowding greater than 200%. The conditions of incarceration at these centres, according to JICS, were inhumane and did not comply with constitutional requirements governing detention.” (Legacy Report of Forth Parliament’s Portfolio Committee on Correctional Services, par.5.2.2. p.14)

legal liability risks in the wake of Lee v Minister of Correctional Services (2012)

“The vast majority of correctional centres have outdated infrastructure which makes it impossible for the DCS to provide secure, safe and humane custody and supervision. This is as a result of poor working relations between the DCS and the Department of Public Works (DPW) and the latters’ failure to respond to DCS’s infrastructural needs.” (Legacy Report of the Forth Parliament’s Portfolio on Correctional Services, par.5.2.9-5.2.13. pp.16-17)

4/14/2015

Management Areas of Correctional Services CentresDecentralised into Six Regions

◦ Free State/Northern Cape

◦ Western Cape

◦ Eastern Cape

◦ Limpopo/ Mpumalanga/ North West

◦ Gauteng

◦ KwaZulu-Natal

◦ Plus two training centres for officials

◦ Gauteng

◦ KwaZulu-Natal

4/14/2015

DCS’s Policy FrameworkThe White Paper on Corrections (2005)

◦ capacitate the DCS to play its role as a security institution responsible for promotion of public safety through breaking the cycle of crime

◦ develop the DCS into an institution of rehabilitation and social reintegration

◦ promote corrections as a societal responsibility

Review on White Paper on Corrections

“The Committee, the DCS and stakeholders agreed (2013 February) that the White Paper on Corrections in South Africa (2005) should be reviewed to assess its effectiveness efficiency since its introduction 10 years ago. The review was supposed to be completed by the end of 2013, but was not until the outgoing Committee left office.” (Legacy Report of the Fourth Parliament’s Committee of Correctional Services, par.4.1.4-4.1.5. p.8)

4/14/2015

Role-players in terms of the Correctional Services Act (No. 111 of 1998) 1Judicial Inspectorate for Correctional Services. (JICS)◦ Head Office run by CEO- Cape Town

◦ Inspecting Judge’s Office- Durban

◦ appointed by President for a 3 year term

◦ Independent Correctional Centre Visitors (ICCVs)

◦ Appointed in terms of section 92 of CSA

◦ Accountable to the Committee

◦ “The Judicial Inspectorate for Correctional Services should be restructured and strengthened as this would lead to greater monitoring. “

◦ “Certain legislative amendments may be required to ensure JICS’s (financial and administrative) independence and effectiveness (see the Report on the Strengthening of the JICS for Correctional Services for recommendations). “ Legacy Report of the Fourth Parliament’s Portfolio Committee on Correctional Services.

4/14/2015

Role-players in terms of the Correctional Services Act (No. 111 of 1998) 2National Council for Correctional Services (NCCS)

◦ Established i.t.o s. 83-84.

◦ Advises Minister on correctional, sentencing and parole applications policy.

Correctional Supervision and Parole Boards

◦ Established i.t.o s. 75.

◦ Consider parole applications of offenders serving 2 years and above.

Correctional Supervision and Parole Review Board

◦ Established i.t.o s.76-77.

◦ Review decisions of CSPBs

4/14/2015

Role-players in terms of the Correctional Services Act (No. 111 of 1998) 3Medical Parole Advisory Board

◦ Established i.t.o s. 3(a) CMAA (No. 5 of 2011)

◦ Provides independent medical reports to support medical parole applications to

◦ Minister

◦ National Commissioner

◦ Correctional Services Parole Boards

4/14/2015

Medium-Term Strategic Framework (MTSF) and the DCSGovernment-wide strategic plan for 2014-2019

Overarching objective: Implementation of the National Development Plan’s Vision 2030

Obliges all state departments and entities to align their strategic and operational plans to the NDP

Develops Eight priority areas for government

Fighting crime and corruption

14 Outcomes would be realised over the medium-term

Outcome 3: All people in South Africa are safe and feel safe

4/14/2015

MTSF and Outcome 3: All people in South Africa are and feel safeSouth Africa has an unacceptably high levels of serious and violent crime.

People living in South Africans live in fear and feel unsafe.

Contends that fear of crime;

impacts negatively on economic development

undermines people’s well-being and their ability to achieve their potential

“Government seeks to ensure that repeat-offending or reoffending is reduced by increasing and improving rehabilitation programmes for offenders, improving the integration of parolees into communities and ensuring fewer parolee or probationer violations.”

4/14/2015

MTSF Targets on Outcome 3 A reduction in the number of reported contact crimes

An increased proportion of citizens feeling safe walking alone, during the day or at night, as

measured in official surveys

An increase in the proportion of households that are satisfied with police services in their

area, and with the way courts deal with the perpetrators of crime

Improvement in citizens perceptions of levels of crime and progress in reducing crime, as

measured in official surveys

An improvement in South Africa’s ranking on the Transparency International Perception

Index.

4/14/2015

NDP Vision 2030 and DCSGovernment’s Blueprint for economic development adopted in September 2012

Informs the MTSF

Chapter 12: “Building Safer Communities”.

The Vision is that; All people living in South Africa

“should feel safe and have no fear of crime.”

“are safe at home, at school, at work and…enjoy an active community life free of fear.”

In order to achieve this, it declares that a well-functioning criminal justice system (CJS) is necessary.

A well-functioning CJS is the one where “the police, the judiciary and correctional services work together to ensure that suspects are caught, prosecuted, convicted if guilty, and securely incarcerated.”

4/14/2015

NDP Vision 2030 and Priority AreasStrengthening the CJS through building cooperation between all the departments in the justice, crime prevention and security cluster.

Professionalising the police service through linking the police code of conduct and a code of professionalism to promotion and disciplinary regulations.

Demilitarising the police services through moving away from the history of brutality and remilitarisation which occurred in recent years under democracy.

Building safety using an integrated approach focussed on tackling the fundamental causes of criminality

Building community participation in community safety by involving civil society and establishing community safety centres.

4/14/2015

Seven-Point Plan (7PP)Adopting a single vision and mission leading to a single set of objectives, priorities and performance measurement targets for the CJS by the Justice, Crime Prevention and Security cluster departments.

Establishing, through legislation or by protocol, a new and realigned single coordinating and management structure for the system led by a member of the executive

Improving court processes…

Putting into operation key priorities identified for the component parts of the system

Establishing an integrated and seamless national criminal justice system information and technology database or system…containing all information relevant to the CJS.

Modernising all aspects of systems and equipment…

Involving the public in the fight against crime by introducing changes to community policing, including expanding its role to deal with all matters in the system, such as policing and parole boards…

4/14/2015

Significance of MTSF, NDP and 7PPAll DCS and JICS Plans must be linked to them

Strategic Plan

APP

Budget

Committee has to monitor whether the DCS and JICS plans and budgets are aligned to MTSF, NDPP and 7PP

4/14/2015

The DCS’s Strategic Plan and the Minister’s prioritiesThe DCS’s Strategic Plan for 2015/16 to 2019/2020 registers 19 strategic objectives and 41 targets under its 5 different programmes.

Programme 1: Administration,

Programme 2: Incarceration,

Programme 3: Rehabilitation,

Programme 4: Care and

Programme 5: Social Reintegration.

4/14/2015

DCS Strategic Plan and Outcome GoalsGoal 1: Remand detention processes are effectively managed by ensuring that remand detainees attend courts as determined by relevant legislation and are held in secure, safe and humane conditions, and provided with personal wellbeing programmes; and relevant services are provided to Awaiting Trial Persons (ATP’s), thus contributing to a fair and just criminal justice system.

Goal 2: All sentenced offenders are being incarcerated in safe, secure and humane facilities and are provided with health-care needs, and effective rehabilitation programmes in line with their correctional sentence plans to enable their successful placement into society after lawful release.

Goal 3: Offenders, parolees and probationers are successfully reintegrated back into their society as all abiding citizens through provision of rehabilitation and social reintegration programmes.

4/14/2015

Minister’s Priorities (DCS Strategic Plan)the filling of vacant funded posts (2403) to ensure that the DCS functions at full capacity,

modernising the ICT, infrastructure and creating the Integrated Inmate Management System (IIMS),

rooting out corruption to enable organisational effectiveness and boost public confidence,

effective and efficient financial management,

improving security measures to manage the risk of violence,

death in custody and escapes to tolerable levels,

finding creative and innovative ways of dealing with overcrowding, and

ensuring that offenders are rehabilitated and reintegrated back into society

4/14/2015

The Correctional Services Budget ZAR1 billion in 1994

Projected at ZAR 20, 6 billion in 2015/16

Projected to be ZAR 23 billion in the medium term (2017/18)

81 per cent of the medium term budget of the DCS has been allocated to Programme 1: Administration

Programme 2: Incarceration

Only 10% of budget goes to Programme 3: Rehabilitation

Programme 5: Social Reintegration

Programme 4: Care- 10%

4/14/2015

3 6

97

,3

13

08

0,9

1 1

52

,0

1 7

96

,3

89

1,2

3 9

37

,6

13

84

1,5

1 2

48

,5

1 8

86

,6

94

4,1

4 1

82

,6

14

43

7,5

1 4

12

,5

2 0

45

,4

1 0

57

,3

PROG. 1: ADMINISTRATION

PROG. 2: INCARCERATION

PROG. 3: REHABILITATION

PROG. 4: CARE PROG. 5: SOCIAL REINTEGRATION

DCS MEDIUM TERM BUDGET ALLOCATION PER PROGRAMME

2015/16 2016/17 2017/18

4/14/2015

11 817,5

41 359,9

5 728,3

3 813,0

2 892,6

0,0 5 000,0 10 000,0 15 000,0 20 000,0 25 000,0 30 000,0 35 000,0 40 000,0 45 000,0

Prog. 1: Administration

Prog. 2: Incarceration

Prog. 4: Care

Prog. 3: Rehabilitation

Prog. 5: Social Reintegration

MTEF Allocation (2015/16-2017/18): Amounts in ZAR billions, DCS

4/14/2015

Previous (2013/14) performance challenges

Programme 2: Incarceration in 2013/14,

key targets that it set were not achieved on very crucial sub-programmes.

Security Operations: Targets and Performance

The number of assaults on inmates to above the targeted 2% to 7370 (4.69 per cent) of 157969 inmates.

The percentage of gang-related violent incidents were above the targetted 10 per cent and increased by 63.3 per cent.

The percentage of unnatural deaths increased to 0.039 (61 of the 157, 969)

21 =suicides, 4 = medical overdose, 2 = accidents, 1 = food poisoning, 9 = assaults and 24 = unknown causes.

the number increased from 43, the previous financial year (2012/13) to 60 (or 0.0038 per cent of the total prison population)

4/14/2015

Previous (2013/14) performance challenges Sub-programme: Facilities

The target was to establish 471 new bed spaces.

No new bed spaces were created in both the previous year (2012/13) and 2013/14

Programme 3: Rehabilitation: Sub-programme: Offender Management

The percentage of offenders who participate in educational programmes as per CSPs.

Target: 67.2 per cent or 11 372 of the 16 929 offenders.

Performance: Not achieved this target by 9.4 % as only 9793 (57.8 per cent) participated in such programmes.

Reason: shortage of educators and infrastructure

Enrol the 28 percent FET College programmes

Only enrolled 22 per cent (2986 of 13536 eligible offenders)

Reason: lack of funding from the National Skills Fund, shortage of educators and artisans

4/14/2015

Concluding RemarksBudget still focussed on administration and incarceration

Balance may need to be struck in order achieve the desired goals of rehabilitation and social reintegration and reduce recidivism

Portfolio Committee is to monitor and oversee that the DCS’s plans and the proposed budget speak to the overall government vision and mission of

implementing the Medium-Term Strategic Framework (2014-2019) and the National Development Plan Vision 2030

NB: Please refer to the written word document for further concluding remarks.

End

4/14/2015 35