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IMPLEMENTATION OF RECOMMENDATIONS OF FINAL REPORT OF JALI COMMISSION OF INQUIRY Presentation to Select Committee 200 PowerPoint Presentation
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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. PURPOSE.

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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

purpose
PURPOSE

Purpose of Presentationprovide feedback to Select Committee on work done by DCS in dealing with final report of Jali Commission of Inquiry

Format of Presentation

  • Background
  • Summary Of Departmental Processes
  • Status: Implementation Of Recommendations On Systems & Policies
  • Status: Implementation Of Recommendations On Misconduct Matters
  • Conclusion

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1 background
1. BACKGROUND
  • 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

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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

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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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

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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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

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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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.
  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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
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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON SYSTEMS & POLICIES

  • 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 8th 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
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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

Interim Reports:

  • From 11 Interim Reports - 93 officials disciplined, 47 dismissals, 22 warnings, 13 acquittals & 11 resigned/passed away

Medcor FraudDisciplinary 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

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

  • 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)

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

  • 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)

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

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.

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

  • 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

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

  • 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.

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

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

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

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

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT MATTERS

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)

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5. CONCLUSION

  • 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.

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THANK YOU

THANK YOU

The End

An Age of Hope:

A National Effort for Corrections, Rehabilitation and

Social Re-integration of Offenders

An Age of hope: a National Effort for Corrections, Rehabilitation and Social Re-integration of Offenders