Department of Correctional Services 1st Quarter 2010 Performance

Correctional Services

31 August 2010
Chairperson: Mr V Smith (ANC)
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Meeting Summary

The Department of Correctional Services (DCS) presented its first quarterly performance report for 2010 to the Committee. Expenditure in this quarter amounted to 20.3% of the total yearly budget, and there had been under spending of R482 million. The DCS noted that invoices for payment of staff accommodation had not been received in time to pay out, there was over-collection of revenue, only part of the Occupation Specific Dispensation had been paid, and the DCS had applied for rollovers to pay Private Public Partnership (PPP) consultants. Cost cutting measures included strict control over the appointment of consultants.

The filling of critical posts had begun, and the 2x12 hour work shift had been implemented in a number of correctional centres. Security targets could be compromised by the escape of 41 inmates from Harrismith Centre. The White Paper on Remand Detention had been finalised. Challenges were identified as a high incidence of assault in many regions, the need to train of managers in performance information management, overcrowding, gangsterism and inoperative electronic security equipment, as well as staff shortages, including shortages of medical personnel.

Members asked whether the Remand Detainees had to be classified with permanent inmates, and suggested that perhaps they should fall under the control of a separate agency. Although the South African Police Services was suggested as a possibility, the DCS confirmed that this could not happen, although it did point out that in other countries they were under the control of the justice departments. Members asked several questions and expressed severe criticism of the PPP facilities, questioning why they seemed not to be accountable, why incidents there had not been reported to the Committee, why one of the PPP Centres had moved known gang-members from their own secure facilities to Kimberley’s medium-security correctional centre, and what they were really offering in terms of rehabilitation. The National Commissioner agreed that it was crucial that the DCS take charge and assume control of PPPs and discuss the approach that was needed, and the Chairperson confirmed that this would form the subject of a future discussion. Members asked about the filling of critical posts, particularly those for medical personnel, and asked about the unnatural deaths, and the lack of spending on antiretrovirals. In general, Members were also concerned about the staff attrition rates, asked how much was being spent on litigation, and asked what was to be done to fill the core posts. They cited instances of the new 2 x 12 hour work shifts not working and asked what could be done about this. Members were also insistent that the internal audits had to improve, as outside audits were costing millions, since the internal division was not doing its work properly, and the DCS agreed that the internal audit division was understaffed and over-extended, with only three people on the Internal Audit Committee. Members questioned the under spending and rollover requests, remarking that the DCS should not plead poverty while it was not spending properly. Members asked where it would source the funding to pay for increased salaries. There were questions about an exodus from critical jobs, underspending and roll-overs. A member asked if the DCS had budgeted for increased salaries that would be granted to public servants. Problems with the functioning of the parole boards were raised. The Chairperson commented that redeployment of staff was a major issue to be discussed, as far too many staff were attending to administrative work while the ratios of warders to inmates were sometimes as low as 1: 100. A number of matters would need to be discussed with the Minister in the following week. The Committee wanted reports on the escapes from Durban and Harrismith, a report on the Kokstad matter, a report on Ms Wilson and Mr Mathebule, and a report on the Kimberley riots. Members must also discuss the vetting of officials as some were suspected to be part of gangs. The need for psychologists was dire and the Minister would be questioned on redeployment. Expenditure at Sondolo, contracts that continued for years on end, and Pezulu Fencing charges would have to be interrogated further.

Members adopted Committee minutes between 21 April and 25 August.


Meeting report

Department of Correctional Services (DCS)  1st Quarterly Performance Report 2010
Mr Siphiwe Sokhela, Chief Financial Officer, Department of Correctional Services, provided a financial overview of the first quarter of 2010.

The budget allocation for the year to date had been R15 129 043. Expenditure had amounted to R3 071 697. The percentage spent was thus 20.3%. There had been under spending of R482 million.  He gave an overview of expenditure per programme.. There was a problem in the Administration Programme, because invoices for staff accommodation had not been received on time. The Department was labour-intensive, so most of the budget was concentrated there. Without invoices, the Department could not make payments. Spending against the revised budget spending plan for Programme Development occurred mainly for  employee compensation, because of part payment of Occupational Specific Dispensation (OSD) for educators. There had been over-collection of revenue. The Department had applied for the roll-over of funds for payment of Public Private Partnership (PPP) consultants. Belt-tightening and cost cutting measures included strict control over the appointment of consultants. Financial statements were prepared for every month end.

Dr Jenny Schreiner, Chief Deputy Commissioner, Department of Correctional Services, reviewed the Administration Programme. The filling of critical posts had begun, following the appointment of the new National Commissioner and Chief Financial Officer. The 2 x12-hour work shift had been implemented in 187 out of the 238 Correctional Centres. With regard to the Security Programme, she mentioned that the target of 3.4 escapes per 10 000 was in danger of not being met, due to the mass escape of 41 inmates at Harrismith Correctional Centre. With regard to the Corrections Programme, she noted that the Draft White Paper on Remand Detention had been finalised and submitted to the Minister. Ms Schreiner provided figures of the number of offenders who had participated in Correctional Programmes. She noted that in future there was a need to build capacity. The moratorium on appointments had been lifted, and vacancies could now be filled.

Dr Schreiner said that incidents of assault were still a challenge in many regions. Managers had to be trained on performance information management. Overcrowding, gangsterism and inoperative electronic security equipment contributed to increasing security infringements. There was also a shortage of medical personnel.

Discussion
Mr J Selfe (DA) asked about the position of the Department with regard to remand detention. He referred to the debate whether Awaiting Trial Detainees (ATDs) had to be classified with prisoners who had to undergo rehabilitation. He asked if it was possible for ATDs to be taken care of by an agency such as the South African Police Services (SAPS).

Mr Tom Moyane, National Commissioner, Department of Correctional Services, responded that remand detention had to be discussed with the Justice cluster, and with SAPS. If this was not dealt with soon, the problem would get out of hand. He referred to a briefing to the Cabinet Committee, which expressed concerns from the justice and policing sectors. The final document would have to reflect all the issues.

Dr Schreiner added that there was a long history of debate about remand detention. However, it was necessary to deal with matters that were pertinent today. Capacity had to be enhanced. There were international instruments that could provide a framework. SAPS was not an option to take over certain functions. Law enforcement agencies could not assume custody of offenders. Most other governments did not have correctional services departments, but instead the inmates were dealt with by the justice system.

Mr Selfe asked if it was known what percentage of inmates were engaged in inmate labour.

Mr Moyane apologized for the fact that statistics about inmate labour were not available. There had been passionate discussion about the matter in the Portfolio Committee, and the DCS remained committed to address the matter. The oversight visits by the Portfolio Committee had found the extent to which inmate labour was being applied to be unsatisfactory. He would report on his visit to China at a later stage, as the findings from that visit could contribute to setting a benchmark for offender labour. Effective planning was needed. The question was why the correctional centres could not be productive. He noted the concerns of the Committee that inmates were languishing in front of television sets, watching programmes that merely entertained them. In China, television was used to assist rehabilitation, through special programmes that educated offenders. There were other methods that the Department had still to learn about.

Mr Selfe noted that the Public Private Partnership (PPP) document had  made no mention of changes to address the needs of women and children. The DCS had to provide core services, must look again at PPP and must formulate an approach. Over the preceding two years, the project had seemingly been abandoned.

Mr Moyane remarked that the Department had met with bidders to look at the future role of PPP. Programmes had to be in line with the White Paper. It was important that the DCS remained in charge of the process and knew exactly what was happening. The question had to be asked whether the PPP facilities served DCS’s interests.

Mr Selfe asked about the filling of critical posts in the DCS.

Dr Schreiner replied that care was taken not to advertise redundant posts. There had to be a fundamental continuity of posts. None had to be jeopardised by restructuring. There had been restructuring in 2003, but that had implied a moving of components, not a scrapping of posts. Improved supply chain management was needed. Fundamental posts were to be filled at the centre level.

Mr A Fritz (DA) approved of monthly reports being given. He referred to low expenditure on the Care programme. The Committee had formerly asked about deaths, because of concerns about poor health care and medicine. Only 7,8% of the budget went towards the Care programme. There had been capacity building some years before at the top level, but the Committee could not see real improvement.

Mr Sokhela conceded that there was low spending on Care, especially intensive care, and on facilities and IT.

Mr Fritz referred to internal audits. Millions had to be spent on outside audits, because of internal deficiencies, and so the internal audit department had to be sorted out. Late invoices had to be dealt with. He asked if the DCS could estimate how much had been spent on litigation. He also noted that the number of assault cases were high.
 
Mr Moyane responded that the internal audit situation was a sorry one. The internal audit team was understaffed and under-resourced. The DCS could not continue to be dependent in that way upon external auditors to point out the deficiencies. Money spent on external audits could instead be used to build the internal audit team. The DCS employed 41 000 people, and yet there were only three people on the internal audit team. Knowledge could be obtained from external auditors to build internal capacity.

Mr Moyane noted that in relation to litigation, there was an exodus of qualified colleagues, from office base to centre. The question was what attracted people to the centre.

Mr Sokhela added that he could not comment specifically on the amounts spent on litigation. Some cases still had to be challenged. He could supply figures in due course.

Dr Schreiner pointed out that litigation figures had been inflated by a single massive claim. It was the assessment of the element of liability, rather than actual costs, that presented a problem.

Mr Fritz said that the oversight visits had brought to light that there was also an exodus of people from critically important jobs. The ratios were skewed. It had become necessary to incentivise computer jobs, for instance.

Mr Sokhela noted that the movement of staff to centre had had the most severe effect on the Finance branch. There was a 75% vacancy rate here.

Dr Schreiner said that it was necessary to incentivise office work, in order to build capacity. However, the specific competencies of people had to be known in order to deploy them properly to jobs. There was little use in training people for something that they were not suited to do.

Mr S Abram (ANC) questioned the underspending on the Development programme, due to the part payment of OSD to educators. He also referred to the rollovers, amounting to R26 million, that the Department had requested, and to the decreased spending on OSD for educators in the first quarter. He asked about the late and low bidding from the Department of Public Works (DPW). He furthermore noted that R26 million had been set aside for Antiretrovial treatment (ARVs) in the first quarter, yet none had been purchased . He asked if the Department had budgeted for pay increases that would be granted to public servants, and if not, then enquired where the Department would find the money.

Mr Sokhela replied that he would report in writing on the low spending on the Care programme and the spending on ARVs. Anti-retrovirals (ARVs) were partly supplied by the Department of Health. There was an interdepartmental charge. He said that there were some historical reasons behind the underspending. He also stressed that the Department could not pay if invoices had not been delivered.

Mr Sokhela said that funding to cover the pay increases for public servants would be requested from the National Treasury.

Mr Abram asked about the nine unnatural deaths reported in this period. He asked how many deaths had been caused by violence between offenders, and how many by officials.

Dr Schreiner answered that there had been six suicides, one death from a sports injury, and two people who had died in the cells, but not at the hands of DCS members.

Ms M Phaliso (ANC) said that the PPPs were “a headache”. At Kutama Sinthumele, a man had been sexually violated, but the Committee had not been told about it. She said that there were various unresolved issues around the PPP, and there were apparently no obligations on the private facilities to report. Mangaung Correctional Centre had transferred people who were known to be gang members to Kimberley. The PPP facilities had wonderful infrastructure and claimed effective programmes, so she questioned why it would need to transfer gangsters to a medium security facility. Other centres needed upgrading, but the PPPs were devouring the budget. The question remained what product they really had to offer towards reintegration of offenders.

Ms Phaliso asked why there was no mechanism to address problems around invoicing. It seemed that nothing had changed, despite the fact that the new National Commissioner had provided hope that there was a new sense of direction.

The Chairperson advised the Department that it did not have to respond to questions about PPP facilities at this point. The point that Mr Selfe and Ms Phaliso were stressing was that the Portfolio Committee were not being made aware of what was going on. The Committee would need to hold discussions separately about what kind of structure the PPPs had, and what they should be.

Ms M Mdaka (ANC) asked who would ultimately be held responsible for reconciling invoices. It was not sufficient for the DCS simply to proffer an excuse, and wait for invoices to arrive.

Ms Mdaka remarked that underspending was embarrassing, and asked about the reasons for roll-overs. Money was needed to enhance capacity, and yet there was under-spending of the money that was made available. The Department had stated that it would disengage with consultants after completion of contracts. The question was what those consultants had been doing before completion of their contracts. She too asked when key posts would be filled.

Mr Moyane replied that there was some need for consultants, but that the Department had previously gone overboard. There would be a report on why consultants had not been sufficiently helpful, and an audit of what they had achieved. He indicated that some consultants had been used for ten years. The Department had to account for what they did.

Mr Sokhela said that the Department would meet with the State Information and Technology Agency (SITA) about late invoicing leading to under spending. That would be done as soon as possible, to determine the backlog.

Dr Schreiner said that she would respond in writing about remand detention. With regard to the filling of posts, she said that posts would be advertised. The Department monitored the need for critical posts on a monthly basis.

The Chairperson said that under-spending could not to be reconciled with pleas of poverty.

Ms W Ngwenya (ANC) noted that the Committee had, during its oversight visits, encountered problems with the implementation of shifts. If the 2 x12 hour system was difficult for the Department to implement, then she would like to hear what mechanism there was to assist. A DCS member at a centre had reported that two members had to look after 100 offenders. Ms Ngwenya referred to posts established for the new Kimberley Centre. She asked what was meant by having to wait for approval. The Department had identified shortage of medical personnel as a challenge, and there were no doctors. Skilled people had to be attracted to centres.

Dr Schreiner responded that the 2x12 hour shift system had proved to be inappropriate, especially at smaller centres. A shift system appropriate to regions, that took the complexities of different centres into account, was rather required. The shift system for remand detention was not the same as for correctional centres. Management could adjust the shift system. For the appointment of medical personnel, the Department would engage with the Department of Health, and the Defence Force health department. The Occupational Specific Dispensation (OSD) for medical professionals was in place.

Ms Ngwenya urged that there had to be a review of the Parole Board system. Many inmates due for parole were still sitting in prisons. At Rustenburg Centre, the Chairperson of the Parole Board had never been provided with an office, and the office meant for her was only renovated after the end of her term.

Dr Schreiner said that She said that all Parole Boards were currently functioning, and that contracts of Chairpersons had been extended. Entire Boards would be appointed for a five-year term. Parole offices would be upgraded.

Ms Ngwenya said there were conflicting reports about the PPP facilities. The Department had to provide clarity on these.

The Chairperson announced that there would be an engagement with the Minister the following week. The Committee wanted a report on escapes from Durban and Harrismith. Reports were awaited on the Kokstad matter, on Ms Wilson, and on Mr Mathebule, who was still held in prison for co-commission of the offence which had resulted in a man being killed by a lion, while his partner, Mr Crossley, had been released. Lessons had to be learnt from the Kimberley riots. There was the matter of the warder and the dog in Kimberley. A report was needed on this.

The Chairperson added that vetting for officials had become a crucial issue. He suspected that there were warders who were part of gangs. He had received two phone calls to the effect that there were cell phones in facilities. He suggested that a sub-committee be formed urgently that could concentrate only on PPPs.

The Chairperson continued that there was a dire need for psychologists at prisons. There were 36 psychologists for 300 centres. There had to be in-sourcing. The ratio of officials to inmates had improved from 1 to 6 to 1 to 4 in recent years. Still there were complaints. In Wisconsin the ratio was 1 to 13, and in Australia 1 to 9. He agreed with Mr Selfe about restructuring. He was convinced that there were enough staff, but thought that they were not deployed effectively. He asked if it was really necessary to have 6 000 members doing paperwork, whilst in some cases there was only one warder trying to oversee 100 inmates. The Minister would be questioned about the redeployment issue. There was also some questionable expenditure that had to be examined. Sondolo IT had been paid R3,6 million during the quarter, despite the fact that the oversight visits had proved that IT was not working properly in facilities. He asked if payments were made once-off or monthly. It seemed that contracts were entered into for years on end. Pezulu Fencing had charged R993 000 for fencing. There was no indication which facilities had been fenced.

Adoption of Committee minutes
Members agreed to adopt the Minutes of the meetings held on 21 April, 5 May and 12 May, and for 26 May, 2 June, 11 August, 18 August and 25 August.

In respect of the minutes of 12 May, Mr Fritz noted that Mr Morris of the Judicial Inspectorate of Correctional Services had noted that the Inspectorate kept independent records of causes of prison deaths. The Committee had to interrogate that further.

Mr Selfe remarked that a new style of minuting had developed, but that he had preferred the old style, which had provided a longer and more detailed version. The Chairperson and Mr Selfe agreed that minutes were a historical record, and should be as detailed as possible.

Ms Ngwenya referred to the postponement of the previous week’s meeting, and said that the Committee should receive a report on the strike.

The meeting was adjourned.


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