Correctional Services & OCJ Special Adjustments Budgets; with Deputy Minister

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Justice and Correctional Services

15 July 2020
Chairperson: Mr G Magwanishe (ANC)
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Meeting Summary

The Office of the Chief Justice (OCJ) confirmed compliance with COVID-19 regulations and presented its Special Adjustments Budget from which R30 million had been cut. It suggested that the impact of the cut would likely affect circuit court backlogs, Personal Protective Equipment (PPE) procurement ability, training and Information Communication Technology (ICT) improvement plans as well as training for judicial officers, paying rentals to the Department of Justice and Constitutional Development (DOJ&CD) and its budget for translations and transcriptions.

Members asked if laptops had been acquired so that court processes could resume online, how far the CaseLine project was with its Gauteng pilot and when it would be ready to roll out to the whole country as court modernisation was a matter of utmost urgency; what it intended to do should it run out of funds for PPE; if DOJ&CD had agreed to the non-payment of rental and the rationale for the budget cut for transcription and translation services.

The Deputy Minister provided a status report on the Department of Correctional Services (DCS). He addressed the infection rates amongst inmates; the COVID-19 special remission of sentences to reduce overcrowding. Due to lockdown, overcrowding has persisted due to the court backlog due and increased number of remand detainees who have broken lockdown regulations.

DCS presented its revised Annual Performance Plan (APP) 2020/21. Although it had expected it, DCS did not experience a budget cut in the adjustment budget. It outlined its programme reprioritisation to address COVID-19 needs such as increased healthcare workers, electronic communication and monitoring equipment and ICT.

Members asked for details about the continuous risk assessment tool used to assess if remand detainees can be released on bail and the total number offenders released due to the special sentence remission dispensation. The targets for testing of inmates and the recovery rate of officials were questioned. Members were concerned about the high levels of overcrowding which persisted and asked for strategies DCS had put in place to deal with overcrowding, how it was dealing with gender-based violence (GBV) and why educational, psychological and social services targets had been reduced. Members asked if savings had been made from insourcing catering. The Committee requested a detailed written response about COVID-19 procurement and expenditure as the Committee intended to addressed this thoroughly in its subcommittee.

Meeting report

Office of the Chief Justice (OCJ) Special Adjustments Budget
The Secretary-General, Ms Memme Sejosengwe, introduced the OCJ team: CFO Mr Casper Coetzer; Acting Chief Director: Courts, Ms Yvonne van Niekerk; CEO: South African Judicial Education Institute (SAJEI), Dr Gomolemo Moshoeu; Head: Strategy and Planning, Mr Itumeleng Malao.

The OCJ original budget was presented to the Portfolio Committee on the 12 May 2020. With the Supplementary Budget of 24 June, the OCJ budget was cut by R30 million which was taken from its Goods and Services line item which represents a 8.8% cut to that line item.

Impact of National Treasury Proposed Budget Cuts on OCJ
COVIC-19 re-defined the manner in which judicial functions will be executed with judicial case management and stakeholder engagements all being conducted virtually, including Superior Court hearings. This has necessitated additional ICT and infrastructure. Resources to support court operation online include laptops, data, licences, virtual platforms and increasing the speed of internet access, which will need to be expanded to cater for this new business model. The OCJ is in the process of reprioritising a portion of the budget from Goods and Services to cater for these new priorities necessitated by the pandemic to lessen its impact.

Financial Information: Cuts
CFO Mr Casper Coetzer explained the R30 million cut that took the original budget from R2 450 778 000 to R2 420 778 000. Administration had a R13.8m cut; Superior Courts Services had a R10.2m cut; Judicial Education and Support had a R6m cut. The only economic classification from which this R30m cut was taken was Goods and Services.

COVID-19 priorities and reprioritisation
The OCJ reprioritised some of its budget for its COVID-19 response. The main elements which needed to be reprioritised were: bandwidth increase for all Superior Courts, R12m; data and airtime increase in all Superior Courts, R7m; Sufficient communications material for staff, R200 000; ICT hardware—including laptops, servers, R6m; Disinfectant & cleaning material, R5.4m; ICT licences for virtual services, R4m; Masks, R2.9m; Hand sanitiser, R1.8m; Thermo scans. R500 000. The reprioritised money is mainly coming from cuts to travel and subsistence, operating leases; venues and facilities and business and advisory services making up for the R39.9m.

Impact of Budget Cuts on OCJ Goods and Services
Due to the enforced R30m budget cuts, the OCJ determined a number of negative impacts as risks:

PPE
There may not be sufficient funding to procure the requisite PPE for judges, officials and stakeholders who visit the courts. As OCJ does not know how much sanitiser will be needed and how many people will be attending court, the figures provided for its costs are estimates for sanitisation and deep-cleaning, and is therefore a risk.

Circuit courts
These are designed to enhance access to justice and will definitely be negatively impacted by the cut as it may increase existing backlogs.

Existing OCJ modernisation programme
This programme mainly focuses on ICT and will be negatively impacted by the COVID-19 paradigm shift which requires the courts to function largely using a modernised and ICT environment.

Training of judicial officers
COVID-19 has already affected the normal training programme of both judges and magistrates, and further budget cuts will no doubt compound this problem.

Reimbursing DOJ&CD
Due to the cuts, OCJ will be unable to reimburse the Department for the OCJ Head Office rental which is a function of DOJ&CD but is funded by OCJ.

Translations, transcriptions and witness fees
The budget cuts will affect the responsibility of OCJ in three critical areas: translations, transcriptions and witness fees. This will also impact on case backlog.

The Secretary-General confirmed that the OCJ is compliant with the COVID-19 regulations on how to manage facilities at 24-hour service centres, including the head office. It has 45% of workers in office, in compliance with the requirement of working from home. It is compliant in supporting judges in terms of the Chief Justice directives and Judge President practice directives on how the business of the courts is to run. The OCJ keeps registers accounting for those infected, those in self-isolation who may have been exposed, though not necessarily at the office, those with comorbidities and those working from home. There are 61 people working from home with comorbidities. Currently, there are 117 people in isolation and there have been 64 confirmed positive cases from amongst staff.

Discussion
The Chairperson welcomed Justice and Correctional Services Deputy Minister Phathekile Holomisa.

Mr W Horn (DA) asked what the planning is for laptops acquisition with the R6 million ICT hardware budget, particularly since the news reports that there has been a delay in moving to virtual platforms in certain courts due to some judges refusing to use their personal laptops. He asked if the procurement had happened and if this reason for some courts not functioning has been addressed. On the reprioritisations, he asked if unpaid office rentals was by way of an agreement with DOJ& DC or if OCJ decided on this unilaterally. He asked what criteria OCJ used in deciding that translation and transcriptions would have budget cuts, particularly as it says this will be a possible contributor to increased court case backlogs.

Ms Newhoudt-Druchen noted the OCJ may have insufficient PPE due to the budget cut and asked what the impact of not providing PPE would be since the virus is spreading. What steps is it taking to ensure procurement?

Adv G Breytenbach (DA) said she was covered by Mr Horn.

Mr R Dyantyi (ANC) said OCJ has done good work in indicating areas likely to be impacted by the budget cuts, but he would like to hear how it intends to mitigate them. He asked for a breakdown of the 64 positive cases according to the level and location where these staff work.

Mr X Nqola (ANC) said he was covered.

Dr M Ndlozi (EFF) asked if there was a consideration of the recent understanding that COVID-19 may be spread through airborne transmission. He asked what OCJ has in mind to address this possibility.

OCJ response
Laptops
The Secretary-General replied that there were delays in accessing laptops at the beginning of the pandemic. Subsequently, all superior court judges have been supplied with laptops.

COVID 19 related focus areas admin support to superior courts
There have been 64 cases throughout although it is compliant with the COVID-19 regulations. Gauteng is leading with 23 positive cases at the High Courts, Labour and Labour Appeal Courts. Eastern Cape has 14 cases, Western Cape has 11 cases and the rest of the provinces have single digit cases amounting to 64 cases in total.

Reprioritisation of office rental payments
The CFO replied that there is an agreement with DOJ&CD which was made during conversations with National Treasury about reprioritising rental payments.

PPE procurement
This has been listed as a risk. OCJ will procure PPE when required, however, if the money needed for PPE ends up being more than catered for, it will mean that OCJ will have to re-prioritise internally and cut other services to fund the PPE requirements within the new baselines. The intention would never be not to seek PPE, simply that the necessity to increase the amount spent on PPE will impact on service delivery.

Airborne virus
The Secretary-General replied that the only thing OCJ can do is to ensure that deep cleaning continues. On the airborne nature of the virus, the Department of Health (DoH) should advise them. As far as the office space is concerned, they have rotations in place which prohibit employees coming to the office every day. Deep cleaning, masks, and sanitisation are still the answer, but the DoH will have to advise if there are other measures needed based on more recent science.

Translations and transcriptions
Acting Chief Director: Courts, Ms Yvonne van Niekerk, replied that the impact on translation services has been noted as a risk. If there is an increased need for translations, then OCJ is at risk to reprioritise money from elsewhere for translations and transcriptions. Circuit court backlogs could be occasioned by another risk which relates to the Judge President directives. These directives state that cases which would ordinarily go to circuit court will be dealt with audio-visually and online. These have been noted as risks and not as concrete spending decisions.

Further discussion
The Chairperson asked for progress on the CaseLine project under the Court Modernisation Project in Gauteng and how far it is from being rolled out to other courts in the country.

Dr Ndlozi asked what would happen were a judge to fall sick with COVID-19 on the eve of delivering a judgment which they had single-handedly overseen. What would happen to such a judgment, particularly if the judge were to pass away? Would it mean the entire case would start from scratch? During a pandemic, death is expected left, right and centre, and it is not incorrect to expect it among the judges. Would there be some procedure to tighten the justice system to ensure that justice is not delayed?

Ms Newhoudt-Druchen said she noted that a slide 17 was shown, but the presentation she received ended at slide 12. She asked OCJ to email the rest of the slides.

Ms J Mofokeng (ANC) asked about the 45% of people working in the office. What will happen if 20% of people are working in office have COVID-19? What contingency plans are in place to deal with this?

OCJ response
CaseLine
Ms van Niekerk replied that CaseLine, as part of the Court Modernisation Project, is fully implemented in Gauteng and will be rolled out in terms of the action plan as part of the court modernisation process.

The Chairperson said that the Committee would come back to that.

Judges sick before judgments given
The Heads of Court will make arrangement that the judgement delivery will go ahead in the normal way. It will not necessarily result in the case starting afresh, because the judgement will be ready by that time. If it is not ready, then the Judge President and the judge concerned case-manage the scenario together with the parties involved as per the practice directives for judges.

Slide 12
The extra slides were not part of the presentation but were from an internal document used to answer questions. However, OCJ undertook to send them to the Committee.

Positive cases
On the 45% attendance, Mr Coetzer replied that OCJ has made sufficient provision for OCJ support staff to able to work from home, even if they were only able to have 20% of staff at the office. From the beginning of lockdown, the courts were functioning to an extent and support was able to be rendered from a remote location. Although more infections are a risk, the setup is such that it is now able to work from the office or from home. The way this risk is being managed is by limiting the numbers of people in one area. This includes members of the public at courts as well as through social distancing. The way to manage infections is to limit people in one area of the court at a time.

The Chairperson thanked OCJ and said CaseLine needs further consideration and that court modernisation should be viewed as an emergency. The Committee would invite OCJ for a briefing on the lessons learned from CaseLine’s implementation in Johannesburg and the timeline for roll-out to the whole country.

Deputy Minister overview of Department of Correctional Services Adjustments Budget
Deputy Minister Phathekile Holomisa gave apologies on behalf of the Minister could not be present due to other commitments. The revision of the APP 2020/2 is to ensure alignment with the special adjustments budget requirements due to the COVID-19 environment. The COVID-19 pandemic has been evolving rapidly worldwide and has reduced the outputs in the APP as initially presented in May 2020. This disruption will continue through this year as DCS adjusts itself to the new normal.

As of 7 July 2020, DCS recorded 1 885 COVID-19 recoveries made up of 698 officials 1 187 inmates. Active cases was recorded at 1 162 comprising 163 inmates and 999 officials. The DCS initiative of conduct training for officials and to ensure widespread communication has assisted in changing behaviours. Training has consisted of hand washing, wearing masks and keeping a safe distance, and so on.

There has been intense co-ordinated action to respond to the pandemic and its challenges in Correctional Services. Remission of sentences as announced by the President in December 2019 has effectively released 14 647 low-risk inmates to community correction. Offenders were granted a special remission of 12 months and those classified as low-risk received an additional 12 months. This reduced overcrowding in correctional facilities by almost 9%. Although the special remission of sentences reduced overcrowding for sentenced offenders, there is still a high rate of over-crowding—30.31% as at 31 March 2020 due to the increase of remand detainees.

To mitigate COVID-19 entering and spreading in correctional service facilities, the President authorised a further special parole dispensation for selected low-risk sentenced offenders. Those who qualify under this dispensation are those offenders who have, or will reach the minimum detention period with in a period of six months. This phased approach will prioritise the most vulnerable such as those with underlying health problems. This includes those over 65 years of age and female offenders with infants. Release of approximately 19 000 offenders is important from a clinical perspective as over-crowding affects the quality of air circulation in the cells, thus contributing to the speedy spread of the virus. The DCS continues to put in place capacity for testing, diagnosis, isolation, contact tracing, quarantine and engagement with stakeholders in response to COVID-19. The precise nature and feasibility of implementing these measures will be heavily dependent on support from the national and provincial DoH as well as availability of funding. Revision of the plans was done in consideration of the 2020/21 adjustment budget allocation letter from Treasury on 22 June 2020. DCS intends to maximise service delivery through maximising the limited resources at its disposal.

Adjusted budget reprioritisation
Since tabling the February 2020 budget, priorities have changed significantly due to COVID-19. The compensation of employees budget has had some reprioritised from Programme Administration to Programme Care, due to delayed recruitment as a result of the lockdown. The breakdown is as follows:
• R23.8m for employment of additional nurses.
• R237.7m for purchase of machinery and equipment, including ICT and integrated security systems.
• R122.7m in savings for goods and services across all programmes.
• R167m due to delayed infrastructure implementation.
The bulk of these funds were shifted to Programme: Administration for Information Technology and Programme: Care for health and hygiene services.

Impact of reprioritisation on revised strategic plan
The DCS changed the way it operates. Some changes were forced on it and others have represented the height of innovation in crisis. The employer-employee relationship as well as the economy in which it operates have been reset. Although most of the pandemic impact is negative, some has been positive.

The new strategic plan focuses on three areas. Firstly, immediate actions needed to keep people safe and essential services operational. Secondly, the restart of activities, recruitment, re-budgeting and supply of services. Thirdly, sustainable durable performance across the department in new sustainable ways’

Situational analysis
The DCS situational analysis takes into account COVID-19 planning as it considers how DCS should respond to a worst-case, a best-case and a middle-of-the-road scenario. It is aware that the global economy is still uncertain, with indications that it is to contract by 5.2% this year. South Africa was poorly positioned to weather a crisis of the magnitude of COVID-19. National Treasury projects a GDP contraction of 7.2%.

Crime trends are increasing since Lockdown Level 3 has come into place. Since 1 June 2020, there has been an alarming surge in GBV and femicide. The unemployment rate rose to 33.1% in Quarter 1 of 2020, even before the national lockdown. DCS recognises the need to strike a balance between order and safety and maintaining the basic human rights of incarcerated persons.

DCS has had to evaluate its level of preparedness to prevent and control COVID-19. Case management will continue to be implemented in line with relevant processes. However, the need for social distancing will mean that fewer offenders can be involved in case management and rehabilitation processes at a time.

The number of remanded detainees increased by 7.95% from 1 April 2020 to 20 May 2020.

The pausing or slowdown of criminal justice processes during national lockdown has resulted in more people being detained as remand detainee cases were postponed. This increased the problem of overcrowding in correctional facilities.

Lack of physical monitoring of parolees and probationers poses challenges, particularly where probation officers are unable to fully verify the facts that have been provided.

The crisis has accelerated DCS plans to increase monitoring through alternative means, such as through electronic means.

Five-Year Strategic Plan targets
These targets have not been impacted because its outcomes are long-term. DCS will ensure that there are incremental increases in the coming years in the APP to attain these outcomes.

Changes to the APP as a result of COVID-19
The operating environment has been affected; therefore, programmes have put in place for alternative modes of delivery. DCS has included seven new indicators under Administration, and two under Care to respond to the COVID-19 environment.

There have also been adjustments to other indicators: one in Administration, two in Incarceration, and three, in Rehabilitation. These have been delayed due to the unintended consequences of the Lockdown Level 5. DCS has the unique opportunity, through the use of smart technology, numerous mobile devices, increased network access and any of the growing number of online collaboration tools to ensure continued service delivery. COVID-19 has created uncertainty in all sectors. Nevertheless, DCS remains committed to a correctional system aimed at contributing, maintaining and protecting a just, peaceful and safe society.

The Deputy Minister said that that he would hand over to the Chief Operations Officer. It was the DCS understanding that the briefing would focus on the key challenges and then take questions and comments rather than the full presentation being given, which has been in the Committee’s possession for some time.

DCS Revised Programmes and Budget
Chief Operations Officer, Mr Mandla Mkabela, suggested that the presentation be made, questions fielded and he would conclude. Chief Deputy Commissioner: Strategic Planning, Joseph Katenga, presented:

Programme 1: Administration
The first additional indicator is under the Management subprogramme, related to communications. This slide indicates the number of COVID-related communications issued. The target is set at 210 and is meant to cover both internal and external communique to ensure that all employees, inmates, the public and stakeholders are covered on developments and all the measures being undertaken.

Approved shift pattern system for correctional facilities
This is to ensure that across the board within the correctional system, all of those working are not working more than a 45 hour week for consistent service delivery.

Number of COVID-19 awareness sessions for officials
DCS has targeted all its management areas with at least four awareness sessions on a monthly basis going forward, hence the target of 2 304. This aims to ensure that staff morale is not adversely impacted by COVID-19 and to address fears and reservations arising in the workplace.

Information Technology Sub Programme
Certain targets under Programme 1 were revised as a response to Level 5 lockdown. Some targets under the IT target were moved from quarter two and three to quarter three and four. However, the deadline to have the Master Information and Security Technology Plan (MISSTP) finalised by the end of the year is still intact. The CFO would speak to the budgetary impact of these considerations.

Sites with body scanners installed
In 2019/20, body scanners were installed and functional in two management areas: Kgosi Mampuru and Pollsmoor. For this financial year, DCS would like to finalise installation and functionalisation at a further five management areas: Johannesburg, Groenpunt; Barberton; St Albans and Durban Westville.

Mesh network, integrated security and inmate communication system installations
As the visiting of inmates cannot be done in person anymore and into the medium term, DCS has devised these targets to improve electronic and telephonic contact with their kin. The other technologies are intended to assist DCS in better detecting and limiting the influx of electronic and communications equipment not authorised on DCS terrain. Targets relate to the big five management areas which represent the majority of DCS inmate population: Johannesburg, Kgosi Mampuru, Durban, Westville, St Albans and Pollsmoor.

Number of sites Implemented with COVID-19 Screening APP
The app is under development and is at proof of concept stage. DCS intends to roll it out at 57 sites. It allows inmates and anyone visiting DCS premises to be screened and allows easier tracing of people.

Programme 2: Incarceration
Remand detainees
As mentioned by the Deputy Minister about remand detainees being subject to continuous risk assessment, due to the increased population and the slowdown of the court system, this target has needed to be revised from 60% to 40%.

Overcrowding in correctional facilities
After the special parole dispensation, the target of 41% has been revised downwards to 38%.

Correctional Programme participants
Under Level 5 lockdown and due to the reduction of personnel and the need for social distancing, the number of offenders who could participate in group sessions had to be reduced drastically. The target has accordingly reduced from 80% to 50%, with a forward outlook of rising back to 80% in the next few years. This will be due to the active attempts of the unit to deliver on group and broad-based sessions.

Offender development
The skills programmes targets have not changed overall; however, the targets for quarter one could not be achieved due to the Level 5 lockdown.

Programme 3: Rehabilitation
Percentage of masks manufactured for inmates
The pandemic has necessitated that DCS use its productive capacity to produce masks for offenders.

Percentage of inmates recovered from Coronavirus Disease (COVID-19)
85% of positive-testing inmates recover.

Mr Nick Ligege, DCS CFO, took over and stated that initially there was an indication that DCS would experience a 7% budget cut of R1.8bn. Through engagements, the cuts were avoided, such that the special adjustments budget did not include any cuts to DCS. The original R26.799bn budget for 2020/21 still remains; increasing to R28.565bn in 2021/22 and R29.779bn in 2022/23.

Programme 4: Care — budget adjustments
An additional R606.947m for COVID-19 purposes has been identified as unavoidable estimated expenditure for the year. This reprioritisation has been done for all programmes except for Social Reintegration. Anticipated savings have come from delayed recruitment, delayed infrastructure and fleet savings during to lack of movement in the lockdown. PPE and medical supplies for inmates is estimated to cost R209 million. PPE includes masks, surface sanitisers and thermometers for screening the movements of officials and inmates at correctional and community correction facilities.

Increase of healthcare worker capacity
R63.8 million is set aside to recruit 349 nurses on a one-year contract to enhance the provision of primary health care for officials and inmates.

Quarantine and isolation units were installed at facilities which did not have capacity for contingency plans at a cost for R21.641 million.

Healthcare services to inmates and members
This would cost R40 million. It refers to the increased costs for the National Health Laboratory Service and for cost of flu vaccines for inmates. Each year, given criteria, inmates would receive flu vaccines. This year, DoH directed that healthcare workers should be included as they are susceptible. They were accordingly included into the programme cost. Decontamination of facilities is R21.2 million. This includes procurement of laundry machines at different sites and decontamination as and when there is a positive case.

Overall there were no budget cuts, but the budget needed to be shifted to accommodate COVID-19 related adjustments.

Discussion
The Chairperson thanked DCS for its presentation.

Adv Breytenbach said that funds have been reprioritised and thousands of people have been let out on early parole due to COVID-19. What funds have been reprioritised to properly capacitate community corrections so that they can adequately deal with the deluge of people dumped on them.

Mr Horn and asked about remand detainees. It was ironic but not unexpected that the benefit of social distancing in facilities is negated by the growth in remand detainees. Previously, the Committee had been informed on how many remand detainees are unable to pay the bail set, and that specific procedures allowed by legislation would be followed to address this so that only those who pose a real threat to society are in centres as remand detainees. What has been done to address the growth in remand detainees?

Social distancing requirements mean fewer people may attend rehabilitation programmes at a time. All other institutions have created mitigation plans. What plans has DCS created to accommodate the necessary changes to ensure that rehabilitation is not put on the backburner? He suggested extending the length of the programmes and extending the run times to overlap different times of the day.

Ms Newhoudt-Druchen referred to the percentage of offenders participating in TVET College studies for on slide 59. She asked why the number has reduced from 97% to 80% and what the thinking was behind this change. On slide 61, offenders or parolees receiving social work services in 2021 is 53%, in 2022 is 54% and 55% in 2023. In previous years the number was 71% therefore the number is getting lower and lower and she asked why this is so. The percentage of offenders receiving psychological care has also decreased, yet previous numbers were high. What is the reason for the decrease in these numbers? Figures for screening for diabetes, high blood pressure and TB should be 100%, especially during COVID-19. The target for COVID-19 recoveries is 85%. However, what is the current percentage for actual recoveries? On slide 65, the number of parolees in community initiatives is 6 000, she asked who coordinates and monitors those initiatives and if they are monitored. On slide 69, R84 million under Care services is for medicine. She asked if immune boosters were included. On slide 94, she noted that the catering service has been liquidated and there is a need to insource and asked if DCS is making a saving on this and, if so, by how much.

Mr Dyantyi would like to check if the COVID-19 procurement processes are satisfactory. He requested in writing a full list with details of goods and services acquired for COVID-19 with detail on how the competitive bid process was followed and the SCM process, including the names of the service providers. The Committee would appreciate this resource as it travels with DCS on its journey through COVID-19. Secondly, there is no DCS risk register on how it intends to mitigate the risks. He asked what DCS plans to do with the remand detainees as this is something that was out of its control. This may be something which should be on its risk register. In conclusion, he asked for an update on the number of COVID-19 infections, deaths and recoveries so the Committee can have a full picture to ensure that there is no need for an intervention.

Prof C Msimang (IFP) thanked DCS and the Deputy Minister for the presentation and for considering parole as a way of mitigating the spread of the pandemic given the large over-crowding. The report said that the overcrowding has not been eliminated and he asked what strategies are being implemented to minimise the spread of the virus. Secondly, there is always a sinking fear that those let out on parole will commit crimes and end up in prison again as repeat offenders. He asked what the position is as to repeat offenders of those given special parole during the lockdown period. Thirdly, police reports suggest that the police have detained a number of people for breaching lockdown regulations. If they have made overcrowding worse, how is DCS dealing with the overflow?

Mr J Selfe (DA) said that the Committee has drilled down and found common themes needing to be addressed by DCS. He about the remission of sentences and exactly how many people have been let out. When the Deputy Minister spoke, he mentioned electronic monitoring. It is difficult enough for parolees to re-integrate at the best of times, but these are the worst of times. There is already huge unemployment, which is likely to get worst. How exactly are parolees going to be monitored? Surely additional monitoring requires additional resources both in a physical and personnel sense? He asked for clarity on what is meant by continuous risk assessment for remand detainees and how it is implemented. He asked how many sentenced prisoners participate in programmes. What does the reduction mean for qualifying for parole in the future? Will there be a knock-on effect since people only qualify for parole after having completed certain rehabilitation programmes?

Dr Ndlozi asked DCS to show its line items for GBV since the President made a commitment of R1.6 billion to combat GBV. He asked how much of it was allocated to DCS, as he did not see any mention of it in the slides. He asked where DCS is acquiring its PPE and asked for a price breakdown as a large proportion of misappropriation of funds would happen there. He asked if DCS received money from the Solidarity Fund and, if so, what it intends to spend it on. What strategy does DCS for addressing the increase in number of people detained for breaking the COVID-19 regulations. He asked for a concrete explanation of how it will speedily address these new cases from a justice point of view.

DCS response
Mr Mkabela grouped the responses per portfolio. The CFO would deal with finance and supply chain procurement and the risk register. Social re-integration will be covered by Director Mthethwa. Care, immune support, and clinical matters Dr Seketso would respond to. On released parolees and how they qualify for parole, Acting Chief Deputy Commissioner Mr NL Mthethwa would respond. On the remand detainees and management of overcrowding, Ms Vuyi Mlomo-Ndlovu, would respond and Mr Katenga would respond on why certain targets were reduced.

Remand detainees
Ms Vuyi Mlomo-Ndlovu, Acting Chief Deputy Commissioner: Remand Operations Management, replied that DCS is providing a support service to the courts by retaining remand detainees. There are some strategies it can rely on in law to reduce remand detainees numbers, however these provisions are of a co-dependent nature together with the courts. During Lockdown Levels 4 and 3, directives released by DOJ&CD accommodated the remand detainee cases within DCS centres. DCS is included in the DOJ plans for managing court backlogs. The highest number of remand detainees it had was 57 000 on 5 May 2020 due to the lockdown. Since Lockdown Level 4, the number has been gradually decreasing. The latest number from 6 July 2020 was 51 000. There continue to be bail applications and an agreement has been made between DCS and the NPA where some reviews for bail are being considered. Where bail review has been successful, DCS is receiving J1 warrants of liberation allowing the release of some remand detainees.

It is difficult to see that remands with bail are taking place due to the continued influx of remand detainees. DCS suggested that it should track the release of remand detainees with bail for a period of three months so that the Committee can see that although the numbers appear not to be moving, people being released. Due to COVID-19 outbreaks, some courts are not functioning temporarily, therefore some remand detainees cannot attend court. DCS needs to ensure that when this happens, it retains the remand detainees lawfully. It therefore obtains updated warrants from the court. However this extends the period the detainees remain in DCS custody. There are limits in the law on the length people may be detained. DCS suggested that it make submissions for amendments to the Criminal Procedure Act. DCS cannot release a remand detainee as it needs permission from court to do that. The existing law stops DCS from having any power to release remand detainees. She suggested that there needs to be an amendment clause allowing the judiciary to release certain categories of remand detainees.

Continuous risk assessment
A tool has been developed to assess the risk of remand detainees. It is an actuarial risk assessment tool which takes into consideration: crimes which the detainee has committed; if the detainee has one or several crimes and the nature of the crimes. DCS uses it to manage high, medium and low risk detainees within its facilities. This is also used for housing the remand detainees. It is difficult to move detainees around based on the risk results of the tool. However some remand detainees are placed in maximum security facilities due to their risk results as established by DCS.

Recoveries
Dr Zodwa Mosoma, Director for Correctional Programmes. replied that as of 7 July 2020, there were 1 362 confirmed cases for inmates and 1 187 recoveries. This translates to a recovery rate of 87.1%. Officials confirmed as COVID-19 cases were 1 721 and there were 698 recoveries. This translates to a recovery rate of 40.5%.

Strategy
DCS has developed a framework including standard operating procedures which helped to implement the three pillars in its strategy. These pillars are prevention measures, containment measures and treatment measures. The disaster recovery plan has been implemented particularly in the most affected regions of the Western and Eastern Cape, whilst ensuring that DCS continues with its mandate. As numbers increase, DCS reviews its strategy so that it remains in line with new developments in the science of the virus. There was a review session on 11 July 2020 and its standard operating procedures were also reviewed.

Special parole statistics
Mr Lucky Mthethwa, DCS Director: Corrections Administration, replied that 6 349 low-risk offenders have been released comprising of 5 896 males and 453 females. Per region, Eastern Cape has 529, Gauteng has 1167, KwaZulu-Natal 1301, Limpopo, Mpumalanga and North West together have 969, Free State and Northern Cape together have 1074 and Western Cape has 1309 cases.

Overcrowding
He noted 21% overcrowding. There was only a reduction in the sentenced category. A multi-branch strategy is desired to be implemented through its eight-point strategy. Social distancing remains a challenge.

Recurring offenders
Of the 6 349 released so far, there have only been five cases of re-arrest. One case was in the Eastern Cape, one in Gauteng and three were in the Western Cape.

Reduction of service programmes
Social work and psychological services have been reduced in response to the new normal, due to the need to social distance. Where groups would have psychological sessions, the numbers had to be reduced drastically to keep staff and offenders safe.

Reduction of targets
Mr Katenga replied about the reduction of targets in the APP. The mitigation plan for educational programmes has been addressed by engagements with Basic and Higher Education. In the short to medium term, Basic and Higher Education are looking to alternative modes of delivery through an electronic platform. DCS is trying to increase these numbers by improving ICT and going forward it hopes to increase targets gradually back to 80% over the medium term.

Screening percentages
HIV viral load suppression rate and TB screening were noted. World Health Organisation guidelines and DCS own capacity are the determining factors for why screening targets are set at 90%.

100% testing of inmates
This applies to identified inmates who fall into one of three categories. Either they have comorbidities or they are presumptive cases.

COVID-19 recovery rate
Up until the end of June, the anticipated rate was 92%, however it was set at 85% since there is no historical data, DCS took a conservative approach. At an operational level, the strategies noted by Dr Mosoma will help DCS achieve these targets.

Electronic monitoring
In terms of the MISSTP, electronic monitoring on a large scale is something which DCS is already in communication with CSIR about developing a solution applicable for the DCS environment. Telephonic monitoring is currently implemented. High-risk offenders are also being monitored physically and low-risk offenders have less frequent telephonic monitoring.

Community correction centres
CFO Mr Ligege replied about the budget reprioritisation, saying DCS was cognisant that there may be an increase of load in community corrections. Although there is a load moving the incarcerated to parole and the paroled to community correction, community corrections also benefit in terms of reducing that load. The Social Reintegration programme was protected by not reducing its budget at all. From a supervision point of view, the Committee will recall that in 2019/20, the adjusted appropriation was R914 million. In 2020/21, it increased to R978 million, which is a nominal increase of R64 million or 7%. For Community Reintegration, there was an increase of R57.8 million or 12.9%. Although all programmes are under strain, these programmes were protected, but there was no increase in the adjusted budget.

Outsourced services
The liquidation of African Global providing outsourced catering services to seven management areas did occasion the projection of savings by DCS. However, when DCS insourced, it still had to obtain food and maintain kitchen equipment which was previously maintained by African Global. Maintenance extended to the need to upgrade existing equipment. Savings were allocated to the purchase of these perishable and non-perishable provisions.

The Chairperson interrupted the CFO to ask what the projected savings are. He only outlined the costs of insourcing the services previously provided by African Global.

Mr Ligege replied that the projected savings in the seven outsourced management areas which were now insourced was between 30% to 33% on average. This amount was reprioritised to inventory purchases.

Procurement of PPE
This is done through National Treasury guidance on emergency procurement. There are three areas through which PPE can be acquired: through the central supplier database; through transversal contracts which are in place arranged by National Treasury; and cleaning and waste management services were variable should DCS need to vary or extend the service. Cloth masks were purchased through small businesses suppliers in need of support as identified by Treasury. DCS also produces cloth masks in some of its own centres and can provide details on which centres, the price of their masks as well as where they are distributed.

Solidarity Fund
DCS did not receive any money from the Fund.

GBV
On the government's R1.6 billion allocation for addressing GBV, DCS does not have a specific allocation for GBV within its budget except that it has a number of correctional programmes under its Rehabilitation programme where offenders are taken through interventions related to GBV.

The Chairperson noted that DCS response to GBV seems to limit its response to inmates. However there are reports of GBV taking place amongst Western Cape DCS officials. The question is not limited to inmates. Therefore, he asked what programmes DCS has to deal with GBV as there has been such an allegation.

Mr Mkabela replied that where GBV occurs with offenders, there are programmes to address that offending behaviour, such as anger management, and so on. When it pertains to officials, the official will open a criminal case and the police will deal with it. As a Department, investigations are conducted then it takes the necessary steps. The Western Cape case is still under investigation and DCS will inform the Committee on the outcome of that case as soon as possible.

Mr Dyantyi requested a written detailed response about COVID-19 expenditure. He spoke as the chair of the subcommittee, saying that it was crucial to conduct thorough oversight by Parliament. He recommended a further presentation and discussion, perhaps as a subcommittee. He asked for clarity if there is no debt in DCS, as this would be good news. He expressed serious concern that the recovery rate for officials is 40%. This means that many officials are needing to be hospitalised, since 1 721 have been infected and only 698 have recovered. It appears a bigger number of officials are not recovering but there is no clarity on whether they are being hospitalised. To Mr Katenga, he said that it is not automatic that if the infections rate rises, that recoveries will necessarily drop. It was possible for a high rate of infections and a high recovery rate, depending on the people who were infected, and if they had comorbidities.

The Deputy Minister thanked the Committee and said DCS interaction with the Committee had opened its eyes to more matters needing to be addressed, particularly the questions raised by Mr Dyantyi and Dr Ndlozi. These responses would be provided as soon as possible along with any other issues DCS observes.

The Chairperson noted that procurement matters will need to be taken up by the subcommittee. He would discuss with the subcommittee chairperson the dates available as a lot of time needs to be given to this. This discussion needs to be had for the next programme to focus on Correctional Services issues since the current session is coming to an end on 17 July. What Judge Cameron refers to about different kinds of poverty needs to be dealt with in detail. There are a number of people in jail who have been fined R1000 and below. At some point, the subcommittee dealt with that matter and perhaps ought to release a report. DCS needs to focus more on matters like that. On the risk register concerns, the subcommittee will deal with those matters after receiving full responses from DCS. It was up to himself and the subcommittee chairperson to work out a programme that is going to be more intense and focussed for Correctional Services. Procurement during COVID-19 as raised by Mr Dyantyi and Dr Ndlozi should not be limited to DCS, but should be extended to OCJ and DOJ&CD. The Committee should pay careful attention to how procurement has transpired across all entities during this time. He thanked the Deputy Minister and his team.

Meeting adjourned.
 

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