GREEN PAPER ON CORRECTIONAL SERVICE IN SOUTH AFRICA

1. GREEN PAPER ON CORRECTIONAL SERVICE IN SOUTH AFRICA Presented by DCS to Portfolio Committee Workshop February 2003

2. AIM OF PRESENTATION • To share understanding of challenges in developing a Green Paper • To engage with Portfolio Committee on issues to be addressed in Green Paper • To engage on definitions of programmes developed in updated Strategic Plan

3. OUTLINE OF PRESENTATION • Mandate Analysis • Gap Analysis - 1994 White Paper, Constitution, Correctional Services Act & policies • Rehabilitation service delivery areas & proposed 6 programmes • Framework for Green paper • Proposed project plan

4. DCS VISION • To be one of best in world in delivering correctional services with integrity & commitment to excellence.

5. DCS MISSION • Placing rehabilitation at center of all DCS activities in partnerships with external stakeholders, through: • integrated application & direction of all DCS resources to focus on correction of offending behaviour, promotion of social responsibility & overall development of person under correction; • Cost effective provision of correctional facilities that will promote security, correction, care & development services within enabling human rights environment; • Progressive & ethical management & staff practices within which every correctional official performs effective correcting & encouraging role.

6. MANDATE ANALYSIS • Policy perspective of DCS informed by • Constitution, • Bill of Human Rights and • Purpose of correctional system outlined in s(2) of Act 111 of 1998, • Policy and legislation of other relevant Government Departments, particularly IJS depts

7. IMPACT OF 1996 CONSTITUTION • Silence of Constitution on Correctional system and philosophy of correctional service • Bill of Rights defines human rights environment that DCS operates in • Silence on relationship between justice system & prison/corrections environment • Defines corrections as singular national competency • Does not and should not address structures of individual depts

8. ALIGNMENT GOVT DEPT POLICY • Identify specific non-alignment in policy development processes, particularly re: • DCS Policy Coordination & policy liaison through JCPS, Social Sector & IRPS Cluster processes • Good Governance & Administration • Building Services & Asset Maintenance with DPW policy & procedures and National Treasury regulations • Communications strategy • Public Finance Management

9. GAP ANALYSIS 1994 WHITE PAPER • Style Of 1994 White Paper - too specific with details on time frames, figures & reference to geographical areas • Introduction grossly inadequate in contextualising correction in: • integrated criminal justice in South Africa & • in African Renaissance & SADC restructuring

10. GAP ANALYSIS 1994 WHITE PAPER • Defined core business as safe custody & humane treatment of offenders in line with Constitution • Surpassed by placing rehabilitation at center of DCS core business, & conceptualising rehabilitation as desired outcome of both • key service delivery areas in DCS & • community & societal involvement in social crime prevention & moral regeneration

11. GAP ANALSYIS – ACT 111 • Inadequate attention in relation to: • policy on offender labour • delegation of powers, policy compliance, internal service evaluation, • compliance with Public Finance Management Act provisions - internal auditing processes • building of facilities, evaluation methodology, unsolicited bids, and PPPs • Appropriate human resource provisioning and retention strategy - definition of professionals • promotions & human resource maintenance policy

12. GAP ANALYSIS 1994 WHITE PAPER • Definition of terminology for DCS specific environment • Security/civilian/military character of Department in line with RDP & RDP White Paper • Classification of prisoners - comprehensive instrument to enable needs based rehabilitation.  

13. GAP ANALYSIS 1994 WHITE PAPER • Major policy gap re Awaiting Trail Prisoners - JCPS process to fill policy gap • Accommodation of offenders - programme towards compliance with international minimum norms & standards. • Health Policy - silent on issues of comprehensive health care, Primary Health Care, Aids Policy, , etc. • Range of subordinate policies to be aligned.

14. SENTENCE PLAN CCO CC Development CC CCO Correction CCO Facilities Person under Correction CC CC Care After Care CCO CCO Security CC CC SERVICE DELIVERY RANGE CCO

15. SECURITY AFTER CARE PLAN PAROLE RELEASE FACILITIES PLAN DEVELOPMENT PLAN CORRECTION PLAN CARE PLAN SECURITY PLAN ADMISSION ASSESSMENT CLASSIFICATION SENTENCE PLAN

16. DEPARTMENTAL RESPONSIBILITIES Management Information Flow Training & Development Maintenance Correctional Official Facilities After Care Recruitment & Induction

17. EXTERNAL RELATIONSHIPS Parliamentary Legislative Structures International Relations Community Family DCS CBOs, NGOs, FBOs Educational Institutions Other State Depts Criminal Justice Cluster Private Sector Social Sector Cluster

18. DEFINITION OF CORRECTIONS • Refers to all those services aimed at assessment of security risk & criminal profile of individuals under correctional supervision based on their social background & developing correctional sentence plan targeting all elements associated with offending behaviour/s. Initial focus will be to target actual offence for which a person will have been convicted & sentence to community correctional supervision &/or remand in a correctional center &/or placed on parole.

19. DEFINITION OF DEVELOPMENT • Refers to all those services aimed at development of competency through provision of social development & consciousness, vocational & technical training, recreation, sports & opportunities for education that will enable offenders to easily reintegrate in communities & serve as productive citizens.

20. DEFINITION OF SECURITY • Refers to all those services rendered by Department aimed at ensuring provision of safe & healthy conditions for all persons under its care in conditions consistent with human dignity, while providing protection for its personnel, security for public against persons under its care, as well as safety of persons under its care.

21. DEFINITION OF CARE • Needs based services aimed at maintenance of well being of persons under departmental care; providing for physical well-being, nutrition, social link with families & society, spiritual & moral well-being, psychological well-being & health care.

22. DEFINITION OF FACILITIES • Refers to all physical infrastructures provided by Department for those legally entrusted to its care as well as to personnel, aimed at ensuring availability of minimum facilities requirement pursuant to rehabilitation responsibilities & objectives.

23. DEFINITION OF AFTER CARE • Refers to all services focused on persons under care of DCS in preparation for completion of sentences, to facilitate social acceptance & effective reintegration into their communities.

24. GREEN PAPER FRAMEWORK MANDATE ANALYSIS • Constitution Act 108 of 1996 • Correctional Services Act, 111 of 1998 • JCPS Policy Framework • Social Sector Policy Framework • IRPS Policy Framework • South African Government foreign policy and multilateral relations • Policy imperatives from other Departments

25. STRATEGIC DIRECTION OF CORRECTIONAL SERIVCES • Vision and Mission • Civilian security nature of DCS • Organisational culture • Principles Of Correctional Management • Unit Management • Restorative Justice • Humane Incarceration • Human Rights Culture • Core Business Of DCS

26. DEFINITION OF TERMS AND CONCEPTS OFFENDER MANAGEMENT Security classification for rehabilitation • Analysis driven corrections programmes • Needs based development programmes • Services to awaiting trial detainees • Services to sentenced offenders • Parole system • Services to parolees • Services to probationers • Offender labour

27. FACILITIES PROCUREMENT AND MANAGEMENT • IJS Facility planning • Facilities procurement • Facilities management HUMAN REOUSRCES MANAGEMENT • Human resource provisioning • Equity • Human Resource Development • Career Management

28. GOVERNANCE AND ADMINISTRATION • Power and Functions of the Executing Authority • Powers and Functions of the Commissioner • Good Governance (Service Evaluation) • Roles and responsibilities of Judicial Inspectorate • Roles and responsibilities of National Council for Correctional Services • Roles and responsibilities of social partners

29. PROJECT PLAN • Conduct situation analysis to determine any policy gaps • Compile framework of Green/White Paper • Consult with internal stakeholders • Consult with external stakeholders • Compile final draft Green Paper & submit recommendations & approval • Approval of Green Paper • Public Hearings • Popularise Green Paper • Start writing of White Paper • Submit White Paper for Approval • Legislative Review Process (if necessary)

30. CONCLUSION • Entire White Paper needs to be completely overhauled. • 1994 White Paper was a transitionary document - an immediate response to new post 1994 democracy • Has been bypassed by policy development in Constitution, Correctional Services Act, & DCS policy.

31. CONSTITUTION LEGISLATION VISION & MISSION STRUCTURE WHITE PAPER BUSINESS PROCESSES REGULATIONS STRATEGIC PLAN SERVICE DELIVERY RANGE POLICY BUDGETING A ORDER PROGRAMMES B ORDER SUBORDINATE POLICIES SYSTEMS ADMINISTRATIVE PROCEDURES OPERATIONAL PLANS ACTIVITY PLANS HUMAN RESOURCE PROVISIONING INSTITUTIONAL ORDERS DCS HIERARCHY OF IMPERATIVES

32. POLICY PROCESS DRAFT POLICY DEVELOPMENT Driven within Department but with inputs from various role players – Portfolio Committee, Cluster Committees, Minister, External stake holders, international experience DRAFT POLICY CONSULTATION PROCESS Driven by Ministry as consultative process with Department presenting draft policy on behalf of Minister POLICY APPROVAL PROCESS Driven by Commissioner on behalf of Minister at DG level, & by Minister through Cabinet Committee & Cabinet levels.