ࡱ> ` >bjbj :H,0000000D8LD q s s s s s s $ h2 0666 00 >>>6d00q >6q >>00! vU 0 ,X!0!4L-6>c,  B 6666DDDdDDDDDD000000 PROGRESS REPORT: PORTFOLIO COMMITTEE OVERSIGHT VISIT CORRECTIONAL CENTRECONCERNS RAISEDRESPONSESRECOMMENDATIONTIME FRAME / DUE DATERESPONSIBILITYSTATUS GAUTENG REGIONLEEUWKOP CORRECTIONAL CENTREImpact of the 2x12 shift system: 7 Day establishment ( Ms Nyanda) officials working long hour(12) is too long for the official to be at the tower having to be there by him/ herself  2/12 Shift implementation to be reviewed in line with the centre needs as per the advice of the Minister to ensure optimal utilization of the resources. However officials on this 2/12 shift are given 1 hour break in between. The Minister instructed the Regions to develop a rostering system which will be tailor made to suit the needs of that relevant correctional centre.  R/C CDC  Management Areas are currently in the process of reverting back to other shifts other then the 2x12 shift. 15 Centers are still on the 2x12 shift patternFilling of vacancies: Absence of women in management positions. DCS retention strategy to improve package for artisans, social workers, nurses and educationists. 5 Social workers resigned in a short period of time. Suspensions Officials who have been on suspension for a long time. Officials should not be on suspension for more than 90 days. This matter will be attended to urgently. Gender equity is being addressed within the Department. Professionals are leaving the Department due to low salaries. The finalization of OSD process will address the matter. In Gauteng Region, currently only one suspension is longer than 90 days. Area Commissioners review. suspensions weekly.  Equity targets to be monitored during appointment processes. Improvement on DCS recruitment process to ensure compliance by the DCS.   CDC Corporate Services Regional Commissioner Regional Commissioner  Out of the 8 Managers on level 11-13: 6 officials are males 2 officials are females. The overall Equity Status of Leeuwkop and Region are attached ( Annexure A &B ) Head Office to respond The one(1) suspension which was longer than 90 days has now been finalized. Acting positions: Officials who have been in acting positions for a long time.  Moratorium delayed. Critical vacant posts have been identified and advertized in newspapers with a closing date of 13 August 2010.  Regional Commissioner CDC Corporate Services  The Region has started with the filling of advertised vacant positions. 66 Positions were filled from 1 September 2010 to 1 November 2010. Parole board issues Chairpersons vacant post  Post has been advertised. Short listing will be done soon  Appointment for the vacant posts in order to allow members of the parole board and the CMC to function optimally. The report to be written to the portfolio committee on this matter  Regional Commissioner and the Area Commissioner  Chairperson interviews were conducted during the week of 4,5 & 7 October 2010 and the memo was submitted to Head Office on 21 October 2010. According to information at our disposal the Memorandum is at the Ministers Office. Backlog experienced on parole cases( De Lange and Dlamini)This is due to limited personnel who also need to do guard duties as CMC membersRegional CommissionerThe matter of Johnny de Lange has been finalized and the inmate was placed out on parole. The Commissioner was also provided with an update in this regard as well as the status of Dhlamini. Transfer of offenders: The concern was raised that the centre heads are not communicating prior to the transfer of the offenders from one center to the other  It is a standard practice that Heads of Correctional Centres should communication with each other prior the transfers. The Heads of Correctional Centres were sensitized on this matter.  There must be smooth communication among the heads.  Regional Commissioner and Area Commissioners  Finalized Offenders placement on supervision : Concern over offenders not put on correctional supervision  Lack of fixed addresses as most offenders are foreigners and others staying in informal settlements pose a challenge as well. False addresses and several offenders giving same address, makes tracing difficult.  This matter to be discussed in the JCPS meetings. Regional Commissioner and Area Commissioners Lack of fixed addresses as most offenders are foreigners and others staying in informal settlements pose a challenge as well. False addresses and several offenders giving same address, makes tracing difficult.Absconders: The question was raised as to whether the officials are assisting the offenders to escape  Clarity was provided that absconding differs from escapes. Officials are not involved as abscondment occurs with those on correctional supervision. Clarity was provided around escaping and abscondment.  Regional Commissioner Finalized Absconding differs from escapes. Officials are not involved in absconding. Absconding occurs with offenders on parole or probation, who just leave their place of residence without informing the community correction office. Offender labour challenges: The concern was raised why the offenders are not allowed to go and work on the farms  Shortage of personnel as well as the shift system makes it difficult for the offenders to be sent out to work on the farms. The classification system needs to be reviewed.  DCS to work on creative measures that will ensure that offenders are engaged in labour activities.  Regional Commissioner and Area Commissioners  Offender Labour is closely monitored in terms of the filling of labour posts and the performance against that. Another work session is planned for 1 December 2010 to iron out a plan to utilize offender labour for day-to-day maintenance.Rehabilitation programmes (education) Offenders of school going age not enrolled at school  Shortage of educators is a challenge and it also impacts on the implementation of the new curriculum as well as the infrastructure. DCS to approach the Department of Education for the deployment of educators to DCS.  Regional Commissioner The mandatory status is terms of Policy to compel offenders to attend school is not available. Depending from Centre to Centre, there is still a high shortage of educators as well as the infrastructural challenges when it comes to classrooms. Inconsistency of age and categorization of young people; Clarity was requested on the age categories of different groups of young people  Different age cohorts were clarified inline with categorization of young offenders (child, juveniles, youth). Serious challenges are experienced in determining the exact age of the offenders on admission. There is dependency on the doctors.  Consistency to be maintained at all times to ensure that common understanding exists  Regional CommissionerChildren are those under the age of 18. Juveniles are those between 18 And under 21. Youth are those between 21 and 25. Adults are those above 25 years. The District Surgeon can be requested to determine the age of a person if there is doubt.DCS uniform inside the cell. (shoes)No offenders should be in possession of officials uniform/shoes. Disciplinary actions were already taken against the culprits.Area Commissioner/ Head CCFinalizedNatural/unnatural deaths: January July 2010 There are no unnatural deaths during this period.  Finalized PRETORIA CORRECTIONAL CENTRE2/12 shift system: The 2/12 shift system: was said not to be functional at the centre. this was in line with the presentation of the area commissioner as well  Confirmation that the system is hindering service delivery and need to be reconsidered as it impacts on service delivery as well as the management of leave days The Minister instructed the Regions to develop a rostering system which will be tailor made to suit the needs of that relevant correctional centre.  RC and Area Commissioner  Management Areas are currently in the process of reverting back to other shifts other then the 2x12 shift. 15 Centres are still on the 2x12 shift patternVacancies: (Mr. Fritz) issue raised on why the high vacancy rate in the management area  This was due to the moratorium and the critical posts were advertised and will be filled soon Fill the vacancies as soon as possible. RC and Area Commissioner  66 Positions were filled from 1 September 2010 to 1 November 2010. Salaries of educators, artisans, nurses , social workers and psychologists which are lower than the salaries of the other professionals employed in the other department The state of affair was acknowledged and the need to work on the matter was identified. The Department is to work on the matter of improving the salaries of the professional and to align with the other professionals in the country Further deliberations on the matter CDC Corporate Services The comparison of the salaries also touched on the correctional officials salaries which were also lower than that of the police officers SAPSMatter noted and the response was raised by the RC that the DCS is falling under the Public Service Bargaining Chamber rather than under the security cluster thus leading to the salary negotiations to be handled by different bargaining councils. Corporate Services to attend to this matter.CDC Corporate ServicesThe disjuncture was also aggravated by the centre based and the non centre base which actually came being as a result of the direction that was given by DPSA thus creating problems for DCS currently. In essence the whole point is that the departments are not equally treated when coming to salary issues The department need to look at the creative ways of dealing with the issuesRC and the personnel as well as H/QOFFENDER ISSUES Medical Parole: (Ms Blaai) Inquired on the matter of medical parole as well as the statistics on how many offenders has died of natural causes as well as unnatural causes  The departmenttal procedures are followed were the nurses, doctors and the social workers work on the cases but at times the challenge is lack of family support where at times families refuse to accept the offender or they do not have the means to take care of them. Offenders are referred to hospices or die in the correctionnal centres  Area Commissioner and team Pretoria Management Area has only two approved medical parole since January to October 2010. The statistics regarding Natural & unnatural deaths are reported by Area Commissioners on a daily basis as and when it occurs.Deaths in the Pta Management Area: (Ms Mdaka) inquired on the four deaths that were reflected in the report Natural deaths = 9 and 4 for the previous month. None for female inmates. No unnatural deaths for the year experienced. Deaths are reported to the Region and Inspecting Judge and are also been investigated.  Regional Commissioner The statistics regarding Natural & unnatural deaths are reported by Area Commissioners on a daily basis as and when it occurs.(Ms Nyanda) wanted clarity as to why offenders are awaiting trial for a long time up to five years The court processes are the challenges as Magistrates postpone the cases, but the Region is involved in the justice Cluster at provincial level to fast track the cases The matter to be followed up on the awaiting trial cases that were delayed Head OfficeThrough the DCS interaction with the Department of Justice on bail protocol and creating awareness to the process, the cases could be attended to quicker. Parole board Chairpersons post which are still vacant: Post has been advertised. Short listing will be done soon. Posts will be filled soon  Regional Commissioner Chairperson interviews were conducted during the week of 4,5 & 7 October 2010 and the memo was submitted to Head Office on 21 October 2010. According to information at our disposal the Memorandum is at the Ministers Office. Fostering positive relationships with the other departments in particular Dept of AgricultureDCS to intensify the relationshipRegional CommissionerThe Region is interacting with the Department of Agriculture. LMN REGIONRustenburg Correctional CentreImpact of the 2x12 shift system: 7 Day establishment ( Ms Nyanda) officials working long hour(12) is too long for the official to be at the tower having to be there by him/ herself  2/12 Shift implementation to be reviewed in line with the centre needs as per the advice of the Minister to ensure optimal utilization of the resources. However officials on this 2/12 shift are given 1 hour break in between. Region and Management to work on the on the alternative plan to suit individual needs and submit report   R/C CDCFilling of vacancies: (Mr Fritz) The staff inmate ratio of the correctional centre was raised as a concern where  All other vacant posts should be filled within time as there were already posts advertised. .  Improvement on DCS recruitment process compliance by the DCS  CDC Corporate Services Acting positions: Mr Smith) concern was raised over the high number of acting positions in the management area including the acting RC. Explanation was given that the said positions of management are filled and the incumbents are on sick leave. CDC Corporate Services Treatment of personnel ( Mr Abraham)An officials file was called immediately after giving evidence to the Portfolio Committee during the previous visit and the official was said to be investigated by DIU. The portfolio committee view this as victimization and the need to address the matter was strongly echoed  Further investigation on the matter is required. A report needs to be submitted to the Portfolio Committee.  CDC Development and Care Uniform for officials (Abraham) Uniform supplied to officials limited and taking too long. Uniform can be collected from Witbank as soon as possible Uniform should be supplied annually to all officials Regional commissioner Work ethic/ discipline/accountability (Ms Ngwenya) raised the concern on the work ethic of the personnel at the centre where members were concerned that officials are not doing their work and therefore there is no justification as to why they should be paid salary. The wasteful expenditure as well as corruption in the department was raised as well. The concern was fueled by the discovery of the welding programme going on at the COE which was not reported as part of the workshop initiative. The committee is of the opinion that it is a private matter at the expense of government resources  In responding to the concern the issue on insufficient personnel was mentioned as well as the low morale No proper reporting was given on the alleged side-run welding workshop  The committee requested that all the identified issues need to be addressee and report be sent to the secretary Matter to be investigated further and to stopped if not part of the official workshop initiatives in the centre Regional Management RC and Acting Area Commissioner  work environment: Housing: (Mr Abraham) Officials do not have accommodation at the Centre; some cannot afford the expensive rental and resort to staying in informal settlements.  Only 15 houses available for personnel within the Management Area  Mr Abrahms requested the officials to prepare the cost analysis document for the renovations as well as the housing for the officials to be submitted to the committee. The chairperson suggested that Staff should be given sufficient housing allowance to buy own houses which will always be a good option  R/C and the Area Commissioner (with the assistance of the Facilities team) LMN region to submit a housing needs requirement for Rustenburg. Facilities to obtain estimate of overall cost based on needs required Parole board issues ( Ngwenya)Parole board offices not available within the Management Area. Mention was also made of the term of office of the parole board that has expired  Parole board office is being renovated. It will be handed to the Parole board as soon as it is finished. On the expired term, the grace of two months given was explained as well as the currently running appointment process  The facilities need to make available to the parole board to allow the board to function optimally. The need to fill the posts was emphasized  18 August 2010 Dir Facilities Planning and Development  Completed 18 May 2010 but with minor repairs. Works completion is due 18 August 2010 after completion of repairsOFFENDER ISSUES Poor health service ( Mr Abraham) Inmate with an abscess on the eye was interviewed who did not receive medical attention on time  The Head of Centre to follow up as he was not aware of the matter  The necessary feedback to be provided  HCC  No rehabilitation programmes (Mr Abraham) no provision of rehabilitation programmes to the offenders was raised. The committee was concerned of children not attending school which was to be made compulsory  High vacancy rate for professionals in the Department. Social workers, nurses and educators are leaving the Department because of low salaries.  DCS should have a good retention strategy for the professionals. Vacant professionals positions should be advertised and salaries aligned with other professionals in the country. Rehabilitation should be a priority as it is the core in the Department of Correctional services.  CDC Corporate Services  Self sufficiency: (Mr Abraham) Self sufficiency is a matter of concern within DCS as the department is not performing on this matter  High shortage of staff prevents the utilization of offenders in the farms and workshops.  Vacant posts should be advertized to address staff shortage. Report on the Departmental plan for self sufficiency should be submitted to the Portfolio Committee  R/C CDC Corporate Services  Offender treatment : (Mr Smith) Serious concerns were raised by the offenders on the provision of programmes for rehabilitation, access to education, supply of clothing and toiletry as well as the abuse (physically) by members. This state of affairs can not be tolerated. since this has a direct impact on violation of human rights.  Allegations could not be responded to the satisfaction of the portfolio committee and subsequently further investigation to be launched and appropriate steps will be taken  Details provided and the Portfolio committee to follow up accordingly as details of the offenders were taken  Secretary of the committee NotedDelayed parole: One offender raised the fact that he is unfairly denied parole.  The chairperson of the parole board provided the response on the matter as the offender has been reclassified form medium to maximum which actually affected his parole dates Aspects of general attention: The Portfolio Committee for Correctional Services thanked the Portfolio Committee of DPW for responding positively to the request made as their presence gave them an exposure to the challenges the department is experiencing. The need to strengthen partnership even at service delivery point was echoed in order to prevent problems from escalating The strides of the management area in addressing some of the problems that were identified in the previous visits were commendable. Both parties acknowledged the importance of working together The requested for documents to be worked on by both teams at the operational level where required and to submitted accordingly DCS officials and DPW officialsFREE STATE & NORTHERN CAPE REGIONNew KimberleyTalks underway to have one of the 960 (1 block of 4 units) bed units to accommodate females and the other male juvenile offendersA proposal was made to Head Office to realize that concernThe department priorities the roll-out of development programmes for juveniles and those offenders serving short sentences.Regional Commissioner/Head OfficeAwaiting responseAssessment, sentence plans and interventions will be executedAll offenders are admitted with sentence plan and the CRT sit and evaluate the plansThe transfer of offenders should be done according to prescribed rules and regulations. The assessment of offenders needs to be done in line with the objectives of the White Paper.Regional office/Kimberley management areaDone Offenders were smoking in non- designated placesWe currently discourage offenders to smoke and as such they dont have lighters with them but officials do give them light. Health talks by our nurses do help. There needs to be a review of legislation in order to enforce participation of offenders in work and education programmes. Continuous New Kimberley C.CAn instruction has been given that designated areas should be used.Most of the financed posts were filledThe RH Corporate is busy with Head Office on the matter and we have seen some progress.The centre is to be finance 100% that is the decision of the National CommissionerContinuousRegional office/ Head OfficeThere is progress in addressing filing of the postHead of the Correctional Centre was observed being frustrated by excessive visits of the Independent Correctional Centre Visitors (ICCVs)A proper management and control of the ICCV is needed to avoid fraudulent stats and manipulation of the reporting method. We currently use the two ICCVs from old centre coming in on Monday, Wednesday ,and Friday we can confirm they are doing good( Miss Gina Crisp and Mr. Joseph Maraba)ContinuousJudicial inspectorateNutrition services at the New Kimberley Correctional Centre will not be outsourced.The services will be entirely on DCS control and management, it will not be outsourced Area Commissioner/ Head Of CentreCashless system for both offenders and officialsThe shop inside is exclusively used by offenders and the offenders do not use cash but money from their cash cards. Officials are instructed not to enter the centre with money by management.HCCContinuous monitoring to be complied with at all times.A detailed strategy to deal with the influence of prison gangs needs to be developed. DCS has a gang management strategy to alleviate gangsterism within the centres and the compliance thereof will be enforced.Head of the Correctional Centre Case Management Committees and staff in general to embark on the gang management strategy.Complaints raised by 7 offenders who have to write supplementary matric examinations and were transferred from Mpumalanga All offenders who were registered and transferred before writing exams were sent back to JHB, Zonderwater and PotchefstroomAll offenders on developmental programs not to be transferred whilst busy with those programsRegional Commissioner/ Head of the Correctional Centre All offenders concerned already been transferred to their centres of origin. Appointment of professionalsThere is an improvement of appointment of professional since the visit of the Portfolio Committee in that we have now 4 social workers, 6 nurses and artisans appointed. There is a need to recruit more professionals. Regional Commissioner /Area Commissioner/ Head of the Correctional Centre We have professionals although not enough we still head hunting nurses.Development of newly appointed officials so as to equipped with necessary skills to deal with issues of gangsterismThe in service training is in place and sessions like personnel meetings and morning parades are used to highlight this aspect. Experienced staff has already been transferred from the old Kimberley Correctional Centre to the New Centre.HO/RC/AC/HCCOffenders who have been transferred to the new correctional centre and who are eligible for parole must be attended to as a matter of urgency.The parole board has seen placed at the New Kimberley Correctional Centre to deal with parole cases.HCC/CMCParole lists are available and controlled from time to time.Dog issueThe matter is being Investigated and the report will be provided to the National Commissioner in due course.National CommissionerKZN REGIONEbongweni4.1 STAFF ACCOMMODATION The extreme weather conditions experienced in the region meant that winters are very cold and summers are very hot. When the centre was built, the little thought was given to accommodation for officials and consequently houses were not built bearing in mind that they had to be cool in summer and warm in winter. The houses were not able to withstand the extreme weather conditions.  All housing on the Ebongweni correctional services terrain requires facilities to address the inclement weather conditions. 51 houses of a total of 114 married quarters have been installed with fire places.  Management area to register the need with Public Works via DCS Regional and National office for a scientific study to be conducted on the best possible solutions to address the inclement weather conditions.  28 June 2010  Area Commissioner/Area Coordinator Corrections  Matter addressed with RC Asset Maintenance KZN 4.1 STAFF ACCOMMODATION The extreme weather conditions experienced in the region meant that winters are very cold and summers are very hot. When the centre was built, the little thought was given to accommodation for officials and consequently houses were not built bearing in mind that they had to be cool in summer and warm in winter. The houses were not able to withstand the extreme weather conditions.  All housing on the Ebongweni correctional services terrain requires facilities to address the inclement weather conditions. 51 houses of a total of 114 married quarters have been installed with fire places.  Management area to register the need with Public Works via DCS Regional and National office for a scientific study to be conducted on the best possible solutions to address the inclement weather conditions.  28 June 2010  Area Commissioner/Area Coordinator Corrections  Matter addressed with RC Asset Maintenance KZN 4.3 LOAD SHEDDING The Area has 7 Big +9 portable generators to cope when there are power failures or load shedding by Eskom.Given that everything in the centre is electronically controlled, these generators are vital, although costly to run the centres spends about Rare vital, although costly to run the centres spends about R49 000 when it has to run the generator over weekends.  Current generators are sufficient but needs urgent service Linking of one generator at Kokstad Medium to the Kitchen All generators to be maintained and effectively functioning New M&E RAMP currently out on tender with closing date of 14/07/2010 and planned awarding date of October 2010 DPW to arrange for once off service of all generators To be addressed in the Mechanical & electrical RAMP All generators to be included in the upcoming mechanical & electrical RAMP  30 June 2010 21 June 2010 21 June 2010  DCS (Kokstad Maintenance) and DPW Durban DPW Durban (Project Leader) DPW Durban (Project Leader)  All generators have been services and future maintenance has been included in the Electrical & Mechanical RAMP that will commence on 1 October 2010. 4.5 DOG UNIT: The centre has just opened its dog unit. The 12 dogs and their handlers will further improve on the centres security. Service to be extended Handlers and dogs to be trained in identifying narcotics and explosives 31 March 2011 AC Corrections Kokstad Request for training swubmitted to HRD Kokstad4.6 FEMALE STAFF: The delegation met with two female unit managers and was surprised to learn that they much preferred working at the super maximum centre were security was extremely rigorous, there was no overcrowding and offenders movement was strictly controlled.4.7 SMOKING: The Committee was impressed that smoking was not allowed in the centre at all. Neither inmates nor officials are allowed to smoke in the building. Inmates are not allowed cigarettes or matches; these are confiscated upon admission along with all their other belongings.4.8 EDUCATION PROGRAMMES: Inmates in phase three of the behavioral modification programme are allowed to study. Some of these were concerned that although they were allowed to study, they had no way of gaining practical experience. One inmate had elected to stay on at the prison beyond the third year, as the single cells were conducive to study.  Inmates in Phases II & III are allowed to study distance learning only. The Security regime does not allow for practicals Inmate requested to prolong his stay at Ebongweni to complete his studies  Inmates to finalize at centres of origin after their transfer from Ebongweni. Inmates application to be submit to RC KZN Via HCC 30 June 2010 Ebongweni CMC  Offender has subsequently withdrawn the application to delay his transfer. Application has been made in July 2010 for his transfer on completion of programme. 4.9 HEALTH CARE: The centre has a state of the art medical centre. Medical professionals complained that inmates were abusing the system, and had far more consultation than people normally had. They demanded medical attention and sleeping pills, and staff were weary of not attending to them and prescribing the medicines as one could never be certain that complaints were not legitimate. There are many grey areas in the DCS health care policy further complicated their work. While within the DOH policies and protocols were clear, that is not the case in DCS. Staff requested that more be done to improve policy so that medical professionals know how to manage correctional centre-specific incidents such as hunger strikes. There were also complaints that health care providers outside of the prison system resisted referrals from correctional centre. Staff at the medium centre complained that they were understaffed, with only 3 nurses to attend to more than 300 offenders.  Current DCS Policy does not accommodate the effective handling of offenders on hunger strike Local Hospital is reluctant to render services to offenders Current shortage of nurses  That the policy be reviewed in consultation with all relevant role players. Special attention to be given to the balancing of medical, ethical and security issues. Matter to be addressed with DOH and management of Hospital Submission of needs for the filling of critical posts (Nurses, Social Workers and Psychologists)  30 July 2010 30 June 2010  DCS National Office Area Coordinator Dev & Care Kokstad AC Corporate Services Kokstad.  Relationship has been revived and will be continuously addressed during Stakeholder Meetings. Memorandum submitted to RC Office KZN during July 2010 4.10 PROMOTIONS/ PROGRESSION Staff complained that when the correctional services was demilitarized, the promotional policies were also made away with. Those who have served very long are still within the lower ranks, and there were no incentives for those serving at the super maximum centre. HOC should find a way of motivating staff, as demotivated staff, failed to perform.  The system of career pathing needs to finalized in order to ensure that Members progress through the ranks.  Head office , CDC Corporate services4.11 CRITICAL SKILLS/ PROFESSIONAL STAFF: Both medium and super maximum centre had only 1 social worker. 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