Judicial Inspectorate for Correctional Services

(JICS)

Briefing to the Portfolio Committee on Correctional Services

8 July 2009

Table of contents

• Introduction of team.

• Committee requested to be briefed about;– Structure– Functions– Operations

Structure of JICS

Post level Number of posts

Salary level

Director 1 Level 13

Deputy Directors 3 (1 vacant) Levels 11 – 12

Assistant Directors 5 Levels 9 – 10

Inspectors and Supervisors 10 Level 8

Administrative staff 24 (1 vacant) Levels 5 to 7

Staff on fixed term contracts 6 Levels 5 and 6

11 Members of staff based in satellite office in Centurion

Hierarchy of JICS

Inspecting Judge

Director

National Manager:Legal Services

National Manager:Support Services

Regional Managers:Southern/Northern

National Manager:Competency Development

Asst. ManagerLegal Services

Case Offers

Financial

Logistics

Human Resources

Appointment/Training

Asst. RegionalManager

Compliance Insp.

Area Coordinators

VC and ICCV

Case admin

Functions of the JICS

• Statutory Objective (Section 85)“To facilitate the inspection of prisons in order that the Inspecting

Judge may report on treatment of inmates in correctional centres and the conditions in correctional centres”

• Vision:“To ensure that all inmates are detained under humane conditions,

treated with human dignity and prepared for a dignified re-integration into the community”

• Six Strategic Objectives/ Programmes– To establish and maintain an independent complaints procedure

for all inmates

Six Strategic Objectives/ Programmes (continue)

– To collect accurate, reliable and up-to-date information about the conditions in correctional centres and the treatment of inmates.

– To inform public opinion about the conditions in correctional centres and the treatment of inmates.

– To ensure and maintain the highest standards of good governance.

– To prevent possible human rights violations, through a system of mandatory reporting and prison visits.

– To promote and facilitate community involvement in correctional matters.

Key processes and systems developed to achieve objectives

• Appointment of Independent Correctional Centre Visitors (ICCVs).– Calling for public nominations

– Consulting with community organizations

• Dealing with reports received from Heads of Correctional Centres.– Deaths in correctional centres

– Segregation, solitary confinement and use of mechanical restrains

• Dealing with complaints received from inmates via the ICCVs.– Individual complains

– Analysis of the number and nature of complaints

• Functions of the Visitors Committees and community involvement.• Audits of ICCVs and remuneration.• Development of the E-system.

Appointment of Independent Correctional Centre Visitors (ICCVs).

• Statutory mandate: (Section 92)

“The Inspecting Judge must as soon as practicable, after publicly calling for nominations and consulting with community organisations, appoint an Independent Correctional Centre visitor for any Correctional Centre”

Province ICCVs

Eastern Cape 28

Kwazulu Natal 30

Free State 27

Gauteng 33

Limpopo 6

Mpumalanga 6

North West 11

Northern Cape 8

Western cape 32

TOTAL 181

APPOINTMENT OF ICCV

Identify Community

Organizations(database)

Conduct Public

Meetings

Receive & Capture

Nomination Forms

Pre-select & Shortlist from ES

Interview & Identify Suitable

Candidates

Training of Successful Candidates

Appointment of

ICCVs

VISITORS COMMITTEE LEGAL MANDATE

Section 94(1) states that where appropriate, the Inspecting Judge for CSs mayESTABLISH

a Visitors Committee (VC) for a particular geographical area consisting of the ICCVs appointed to CC in a particular region

A Visitors Committee must meet monthly. Section 94 (3) states that the

FUNCTIONSof the Visitors Committee are to:

consider unresolved complaints with a view

to their resolution

submit to the Inspecting Judgethose complaints

which the VC cannot

resolve

extend and promote the community’s interest and

involvement in correctional matters

submit MonthlyReports,

inclusive of 200 word reports

to the Inspecting Judge

Dealing with mandatory reports

• Statutory mandate:– Section 15 (2)

• “Any death in prison must be reported forthwith to the Inspecting Judge who may carry out or instruct the Commissioner to conduct any enquiry”.

– Section 25 (2)• “The penalty of solitary confinement may only be implemented when

the Inspecting Judge has confirmed such penalty”.

– Section 30 (6)• “All instances of segregation or extended segregation must be

reported immediately by the HCC to the Area Manager and to the Inspecting Judge”.

– Section 31(4)• “All cases of the use of such mechanical restraints except handcuffs

or leg-irons must be reported immediately by the HCC to the Area Manager and to the Inspecting Judge”.

Reports received from

HCCUnnatural deaths

Natural deaths

Information verified:ICCV

Correct no problemInformation incorrect

Obtain copy of DCS investigation

Reading/ analysis of

DCS report by JICS

Con

firm

co

mpl

ianc

e w

ith

duty

of

care

/

stat

utor

y re

quire

men

tsReport to Inspecting

Judge

Report to Minister and National CommissionerInvestigations

Dealing with mandatory reports

ICCV Capture complaints on ROC at prison level

Complaints are discussed with HCC

Unresolved complaints are tabled at VC with intention of resolution thereof

The VC chair person captures unresolved complaints on website,

if not resolved at VC level

Unresolved complaints are forwarded to

JICS

ICCV gives feedback to prisoner

Community, Human rights, Public Protector, Members

of Parliament or anonymous personMay capture complaints directly on

JICS website

E-Complaint is automatically send to ICCV to interview inmate

Dealing with complaints from inmates

Performance Audits of ICCVs

Purpose of Audits• Verify the duties performed by the ICCV.• Monitor data integrity i.r.o information received from ICCV.• Ensure and enforce accountability.• Conduct site visits at the Correctional Centre.• To check if inmates are familiar with the powers, functions and

duties of ICCVs.• To monitor the quality of the Records of Consultation as completed

by the ICCVs and the comments of the HCC.• Structured interview with the HCC

– Relationship with ICCV

– Security arrangements

– Support to ICCV

• Structured interview with the ICCVs

Expenditure for 2008/2009 financial year

R 0

R 2,000,000

R 4,000,000

R 6,000,000

R 8,000,000

R 10,000,000

R 12,000,000

R 14,000,000

R 16,000,000

1998/1999 2000/2001 2002/2003 2004/2005 2006/2007 2008/2009

Expenditure for JICS 1998 until 2008