Building a caring correctional system that truly belongs to all

1. DEPARTMENT OF CORRECTIONAL SERVICES PRESENTATION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES WITH REGARD TO THE IMPLEMENTATION OF THE RECOMMENDATIONS OF THE FINAL REPORT OF THE JALI COMMISSION OF INQUIRY Building a caring correctional system that truly belongs to all 1

2. PURPOSE • The purpose of the Presentation is to: • Provide feedback to the Portfolio Committee on Correctional Services on the work that has been done by the Department in dealing with the final report of the Jali Commission of Inquiry; and • Provide the Portfolio Committee with the Department’s intended course of action in dealing with the implementation of the findings and recommendations of the Commission. 2

3. BACKGROUND • Commission’s Mandate • The Commission was appointed by the President by means Proclamation No 135 of 2001 in accordance with powers vested in him in terms of Section 84 (2) of the Constitution of the Republic of South Africa. 3

4. TERMS OF REFERENCE OF THE JALI COMMISSION OF INQUIRY • To enquire into and report on: • Incidents of corruption relating to various matters. • Incidents of non-adherence to departmental policy and deviation from national norms and standards. • Incidents of violence or intimidation against employees of the Department which affect the proper functioning of the Department. • Extent of implementation of recommendations of past investigations relating to the Department. 4

5. TERMS OF REFERENCE OF THE JALI COMMISSION OF INQUIRY • To make recommendations as to steps that can be taken in order to prevent the future occurrence of such incidents; and • To make recommendations as to steps that can be taken against any employee who in terms of the findings of the Commission is implicated in impropriety against the employer. 5

6. DURATION & COST OF SITTINGS AND SCOPE OF WORK • Duration: 2 February 2002 – 12 May 2005 • Cost: 27 564 040 • Management Areas investigated: • Durban, Pietermaritzburg, Ncome, Pretoria, Johannesburg, Leeuwkop, Pollsmoor, St Albans and Bloemfontein. 6

7. COMMISSION’S METHODOLOGY IN CONDUCTING HEARINGS AND COLLATION OF EVIDENCE • Advertisements in local media. • Voluntary evidence by alleged victims and / or witnesses. • Summoning of implicated individuals. • Presentations by management of the relevant Regions and Management Areas. • Submission of Interim Reports to the Department. 7

8. COMMISSION’S FINAL REPORT • Structure of the Commission’s final report • Five (5) volumes • Volume 1 (Systems and policies) • Volume 2 (Misconduct issues not submitted by means of interim reports) • Volumes 3 – 5 (Misconduct issues in interim reports) 8

9. WORK DONE BY THE DEPARTMENT • Analysis and summarizing of the Commission’s report with three (3) main features / parts: • Systems and policies. • Misconduct matters already submitted through eleven (11) interim reports. • New misconduct matters that were not submitted through interim reports. 9

10. ISSUES RAISED ON FINDINGS RELATING TO SYSTEMS AND POLICIES • Trade Unionism • Correctional Centre Gangs • Recruitment irregularities • Correctional Centre Security • Treatment and detention of offenders in Isolation & C-Max including nutrition • Sexual violence against inmates in correctional centres 10

11. ISSUES RAISED ON FINDINGS RELATING TO SYSTEMS AND POLICIES • Placement of offenders on parole • Conversion of sentences of imprisonment into Correctional Supervision • Powers & functions of the Judicial Inspectorate of Prisons • Prison Ombudsman • Overcrowding 11

12. ISSUES RAISED ON FINDINGS RELATING TO SYSTEMS AND POLICIES • Abuse of power by senior officials • Overtime policy • Procurement and Logics matters • Correctional Centre Workshops & Stock Control System • Implementation of previous investigations into the Department • Implementation of the Interim reports by the Department 12

13. IMPLEMENTATION OF THE COMMISSION’S RECOMMENDATIONS ON SYSTEMS & POLICIES • Most of the Commission’s recommendations have already been overtaken or addressed by the new strategic direction of the Department. • Departmental initiatives include the following: 13

14. IMPLEMENTATION OF THE COMMISSION’S RECOMMENDATIONS ON SYSTEMS & POLICIES • DCS project gearing DCS for rehabilitation. • Restructuring in terms of Public Service Sectoral Bargaining Council Resolutions 7 & 8 of 2002. • Adoption of an anti-corruption strategy as approved by Cabinet in 2002. • Development of the White Paper on Corrections as approved by Cabinet in February 2005. • Introduction of a Risk Management System and a Compliance Improvement Plan. 14

15. IMPLEMENTATION OF THE COMMISSION’S RECOMMENDATIONS ON SYSTEMS & POLICIES • Development and implementation of a comprehensive Integrated Human Resource Strategy. • Overhauling of the Department’s Human Resource Development Strategy to capacitate employees on the new strategic direction. • Development of an Ethics course in partnership with DPSA, SAMDI and University of Pretoria. • Revision and adoption of a new Disciplinary Code and Procedures. • Development of a fraud and corruption prevention strategy. 15

16. IMPLEMENTATION OF THE COMMISSION’S RECOMMENDATIONS ON MISCONDUCT MATTERS • 250 cases emanated from Interim Reports. • The final report brought about 106 new cases (including 14 new cases from final version of interim reports). • Status of interim reports’ cases is as follows: 16

17. IMPLEMENTATION OF THE COMMISSION’S RECOMMENDATIONS ON MISCONDUCT MATTERS • 43 officials were dismissed • 18 officials received written warnings • 26 cases were withdrawn for various reasons • 120 cases under prosecution (Departmental / Criminally) • 29 cases under investigation • 14 new cases • 135 cases still need to be dealt with and finalised of which 29 are already under investigation 17

18. GENERAL (DEPARTMENTAL PROCESSES) • Departmental Processes in dealing with the Commission’s report are as follows: • Final report received from the Office of the President in December 2005. • A Departmental Task Team was constituted to analyze and summarize the report for Management. 18

19. GENERAL (DEPARTMENTAL PROCESSES) • The following further actions have been taken emanating from the work of the Task Team: • Establishment of a Centralised Departmental Task Team to deal with the outstanding disciplinary cases. • Establishment of National Branch Task Teams to deal with and finalise issues relating to systems and policies. • Quarterly reports will be provided to the Office of the Commissioner and the Minister on progress made in dealing with the matter. • A letter has been forwarded to the President to provide feedback on the matter. • The matter has been prioritized as a project for reporting in terms of Government Programme of Action. 19

20. CONCLUSION • Department’s new strategic direction has surpassed most of the Commission’s recommendations on systems and policies. • Commission requested outsourcing of the handling of disciplinary hearings which is in contravention of the Department’s Bargaining Chamber Agreement. • Outstanding disciplinary cases will be dealt with and finalised by the Centralized Departmental Task. • Department is assisted by the Directorate of Special Operations (Scorpions) in finalizing investigations on some cases. 20

21. Thank you Together we can… Building a caring correctional system that trully belongs to all 21