New Kimberley Correctional Centre Oversight visit : Matters arising

Meeting report

Presentation on New Kimberley Correctional Centre (NCC Kimberley)
The Chairperson of the Portfolio Committee on Public Works opened the meeting by introducing Mr Siviwe Dongwana, the new Director-General, Department of Public Works (DPW). Mr Dongwana then handed over to Mr Richard Samuel, Deputy Director-General, DPW, for the presentation.
           
The project tender history was that in September 2004 the preliminary estimate was R287.8 million, which was based on the higher level needs assessments received from the User Department. The estimation excluded site–specific elements like bulk earthworks and on-going charges to security installation and professional fees. In March 2005 there was a pre-tender estimation of R540 million based on a complete set of documents and information, but in May 2005 the recommended tender was R499.4 million. In July 2006, 18 months after closing of the first bid, there was a revised pre-tender estimated at R638.2 million. In November 2006 the tender was awarded to Grinaker – LTA / Keren Kula JV.

The main features of this contract were that the Contractor was to provide a Construction Programme and cash flow. Secondly he was entitled to extension of time in cases where the delays were not caused by him. The defects liability period was six months on building construction work and 12 Months on security, electrical and mechanical equipment. The time frames of this project were that contract commencement was to be 14 November 2006 and its completion was to be 14 November 2008. The Department of Correctional Services (DCS) was to occupy the facility in early December 2009.

This project achieved the creation of 1 168 job opportunities to the locals, skills development and empowerment of emerging contractors. There were unavoidable risks like country wide power and steel shortages, excessive inclement weather and shortage of qualified artisans.

Mr Samuel also answered questions that were posed during the oversight visit.  Some of the questions were why the Centre was not completed, despite the delays in construction, to which the answer was that all constructions were completed. The answer to the question on the plans for the installation of toilets in all the hospital wards was that DPW and DCS were still in a discussion process on this issue as the generic design did not make allowance for toilets in the hospital wards. Mr Samuel also mentioned that DPW was still in a process of compiling facilities contracts like a plan for the maintenance of centres.

Discussion
The Chairperson wanted to know how serious the National Commissioner was in implementing recommendations of the Minister, the Hon. Ms Nosiphiwo Nqakula.

Mr Mayane assured the Members that he was very serious and was in the process of implementing the recommendations.

Ms M Phaliso (ANC) asked DCS how it tackled the issue of inexperienced employees that was raised in February 2010. She also wanted to know when the service level agreement was implemented.

Mr Modise explained that the employees at New Kimberley Centre had been trained even though they had only two years experience in the field.

Mr Mayane informed the Committees that the Service Level Agreement was in his office and would be signed by the end of August 2010.

Ms N Madlala (ANC) asked when DPW was going to provide the Committees with the maintenance plan and the list of things that were not completed.

Mr Samuel confirmed that construction was completed in 2008.

Ms W Ngwenya (ANC) wanted clarity as to who hired ex-offenders as was stated on slide 13 of the presentation.

Mr Samuel stated that both contractors and sub contractors hired ex-offenders.

Presentation on the events that led to the riot on 03 August 2010 in NCC Kimberley and update on the investigation of this incident
Mr Tom Moyane, National Commissioner, DCS, introduced all the delegates from the Department and handed over to Mr Hendrik Johannes, Head, Kimberley, Correctional Centre, and the leader of the investigation team. The inmates in New Kimberley were not happy about a number of things that were not done by their management like television sets that were not mounted to the wall, and the fact that it was impossible to call family and friends because the centre had no public phones. On 02 August 2010 the offenders did not receive their two slices of bread that they normally received and at 12 o’clock they were given bread but it was not sliced the way that they were used to. This led to the offenders refusing to eat supper and to be counted. Minimum force was used to put them on their cells.

Offenders had signed a memorandum with their grievances and given it to the Head of the Centre, with an ultimatum to respond by 12 o’clock midday on 03 August 2010. On 03 August 2010 offenders tried to get a report from the Head of the Centre, but he was not available. They then they burnt their bed mattress which led to the burning of some prison doors and other property. The Head of the Centre arrived while South African Police Services were trying to get in the facility by shooting with rubber bullets from the facilities roof top. The Head of the Centre spoke the offenders who told him to send the Police away and in return they were going to release five centre officials that were held hostage.  At 13:21 hostages were released by the offenders and all were sent to a medical centre for smoke inhalation. No one was injured except one offender who claimed to be assaulted by the officials during the riot. The investigation was still in progress.

Mr Zacharia Modise, Chief Deputy Commissioner (CDC), Corrections, mentioned further that as from 23 August 2010 the Head of the Centre would be transferred to Bloemfontein as he was under investigation for not reporting to the area manager some illegal acts that had happened in the facility. Mr Modise also reassured the Members that the Department was seriously looking at the matter.

Discussion
The Chairperson wanted clarity as to what was the extent of the damaged caused during the riot and what it cost.

Mr J Selfe (DA) wanted to know if it was true that one of the master keys of NCC Kimberley had disappeared.

Mr Modise confirmed that during the riot some of the NCC Kimberley keys went missing and others were burnt but there was a team that looked for them and if they were not found locks were going to be changed.

Mr A Fritz (DA) wanted to know if private investigation by an independent body was necessary to help with the investigation.

Mr Mayane was grateful for Mr Fritz’s opinion and promised to use his idea.

Ms M Nyanda (ANC) wanted to know if the NCC Kimberley stuff were vetted.

Mr Mayene informed the Members that not all DCS employees were vetted even in the senior positions but the Department was giving this matter its highest attention.

Ms Ngwenya asked how many employees were booked for duty on the day of the riot.

Mr Johannes confirmed that 15 employees were booked for duty but only eight were around at the time of the riot.

Ms Phaliso had heard from one of the offenders that there were no active rehabilitation projects at NCC Kimberley so she wanted to know why the projects were not in progress.

Mr Modise stated that the social work project was ineffective because there were not enough social workers.

The Chairperson wanted to know who had stolen cables as it was impossible that it was offenders.

Mr Modise told the Members that they were still investigating the matter. He also assured the Members that juvenile offenders would not be transferred to Kimberley unless the Commissioner agreed.

Ms N November (ANC) encouraged the delegates to work together with the Portfolio Committees.

Questions that could not be answered included the following:
What was the cost of building toilets inside New Kimberley Centre?
Why the cameras designed for access control could not cover the whole area?
When was DPW going to provide the Committees with the maintenance plan and the list of things that were not completed?
As Bill of Quantity was used, did it have provincial sums and did it include escalation and excavation costs?
Why was the IT contract given to DCS and not DPW and why there were separate tenders?
Clarity as to whether the refrigerators that were vandalised had warranty.
Why the parole board had not met with the offenders that had qualified to appear before it?
What was the purpose of the NCC Kimberley?

The Co-Chairperson emphasised that the DPW had to stop complaining and start working hard. He encouraged DCS to continue with strength in rectifying the Department’s Code of Conduct. He also urged the DCS to examine the complaints of the Offenders about the parole board.

The Chairperson encouraged the Commissioner to take intimidation seriously as some of the employees were intimidated because they gave Members of the Committee information about what was happening in the Correctional Facilities. He suggested that DCS had to start having debates on offenders being rehabilitated from smoking because offenders had started a fire with a lighter in their possession. This meant that they could have ideas on how to start fires or burn the facilities.

Mr Dongwane thanked the Committees for their useful ideas and suggested that both DCS and DPW had to form a joint team at the senior management level that would meet regularly to create a good working relationship.

Both delegation teams promised that they would meet and compile a comprehensive document with the answers and present a complete follow-up within three months.  

The meeting was adjourned.