Hon members, I wish to bring to the attention of the House that I have approved a request by the Minister of Correctional Services to make a statement on issues pertaining to parole.
Deputy Chairperson, thank you very much ...
It's still Deputy Speaker!
Deputy Speaker! [Laughter.] I will not forget that, Deputy Speaker.
OK, please don't.
Thank you very much. Honourable Deputy Speaker, baie dankie [thank you very much]. [Laughter.]
Honourable Deputy Speaker and hon members, as I said during the ministerial responses on Tuesday, about 80 to 90 offenders during the past week benefited from the implementation of section 44 of the Correctional Services Act and departmental regulations, chapter 5(3)(f) and (4)(dd) to (ee). These offenders' date for placement under correctional supervision has been determined by the independent correctional supervision and parole boards.
In terms of this legislation and regulations, a qualifying offender gets released at 11h00 on Friday morning under conditions determined by the area commissioner as an operational matter, and returns to the centre at 15h00 on Sunday.
These concessions are implemented only twice during the last six months of an offender's incarceration, with a minimum of three months in between the two weekend passes, so any offender who benefited from a weekend pass this past weekend will not benefit for at least three months. Generally, hundreds of offenders benefit from these concessions each year.
Given that offender Tony Yengeni had served one sixth of his sentence, and therefore qualifies for placement under correctional supervision after 13 January 2007 in line with section 276(1) of the Criminal Procedures Act, there will be no other weekend pass for him. He has already appeared before the correctional supervision and parole board on 20 October, which confirmed the recommendations of the case management committee for correctional supervision.
I've taken serious note of the allegations of the violation of the weekend pass or parole conditions by offender Tony Yengeni and subsequently wish to announce in this House that in view of the allegations that offender Tony Yengeni violated his parole conditions during the past weekend parole, we have, as the department, instituted the following interim measures: one, that, pending the investigation of these allegations, Tony Yengeni will forfeit all privileges related to visitations by his spouse, children and any other close associates for a period of two weeks whilst the investigation is continuing; two, that he will also forfeit the privilege of using the telephone to communicate with family, friends and colleagues for the same duration as stated or alluded to above.
Hon members, it should be noted that this is not a punitive measure, but conditions that will ensure the investigation is not hindered. After the finalisation of the investigation the recommendations made from the probe will be considered and appropriate steps or action will be implemented.
The department deplores and condemns any breach of parole conditions by any offender, and would ensure that parole conditions are respected and observed at all times by every offender and by every family member. There is one policy regarding the conduct and treatment of all offenders in this department, and this has to be enforced and respected, and its integrity protected at all times. These are measures that the ANC government has put in place as a way of moving away from a punitive system to this new rehabilitative and corrective system.
I therefore appeal once again to members of this House and the public at large to respect these remedial and interim measures. We shall not tolerate any deviation from or breach of these conditions at any given stage. Let us therefore allow the due processes to be followed with regard to this matter and let offender Yengeni serve the last months of his sentence without any more public pressure exerted on him or any of my officials.
I'm appealing to relatives and family members of offenders, as well as close friends and associates, to assist offenders inside and outside our facilities to adhere to all regulations stipulated by the Department of Correctional Services. Madam hon Deputy Speaker, I thank you for this opportunity. [Applause.]
Speaker, we are obviously glad that the Minister made this statement, and about the assurances that he has given to the House this afternoon.
The real pity is that he had to make this statement at all. There is a perception that the government is not serious about fighting crime and about punishing criminals. That perception is fuelled by the fact that inmates who are rich or well connected tend to have a better and more comfortable stay in prison than the average inmate.
It is a fact that bribery is rife in the department, and that inmates can obtain special privileges by paying officials. This is not only my own observation, but has recently been confirmed by the findings of the Jali Commission.
In Mr Yengeni's case, there is another dynamic at work. Because the ANC has blurred the distinction between party and state, many officials in the Department of Correctional Services are redeployed ANC cadres. Thus, the outgoing national commissioner and his deputy, Jenny Schreiner, are both former ANC MPs, as is the regional commissioner from KwaZulu-Natal, Nathi Nhleko, who was one of Mr Yengeni's successors as the ANC's Chief Whip.
Mr Yengeni was carried into prison, shoulder high, by, amongst others, correctional officers. He was treated to a send-off attended by the ANC's high and mighty, including the Speaker of the National Assembly. It is small wonder then that Mr Yengeni believed that he was untouchable and above the law. His former colleagues run the department, and many hon members here don't believe that he did anything particularly wrong.
We will only break the cycle when we take to heart the statement that there is, before the law, no rich, no poor, no high, no low, no black, no white, but one law that applies equally to everyone.
The Minister's statement was also instructive for what it did not say. A morning newspaper reports at length about how contracts were improperly awarded, and the links that exist between the company they were awarded to and the outgoing national commissioner. If even remotely true, this is a scandalous situation that must be fully and comprehensively investigated if the integrity of the tender process is to be restored. I thank you. [Applause.]
Madam Deputy Speaker, I agree with most of what Mr Selfe has said, and I think there is a lot for the Department of Correctional Services and the Minister, in particular, to consider with regard to rectifying the perception that exists in respect of prisoners.
The manner in which Mr Yengeni went on weekend leave, shoulder high, taken away by a waiting crowd, and all that was published in the newspapers makes a laughing stock of him being in prison. No matter what the Minister says, the perception remains that the rules are being bent for senior ANC persons, and that perception is not rebutted.
A much deeper investigation is needed to put this matter to rest. [Applause.]
Thank you, Madam Deputy Speaker.
Ek het so pas met gevangene nommer 95151291 gepraat en hy het my gevra om 'n boodskap aan u oor te dra. Hy was vir agt jaar in Helderstroom- gevangenis. Hy was 'n modelgevangene en was selfs 'n monitor. Wat hierdie gevangene s, is: wat u aan die nasie s, is verleidelik maar dis nie doelgerig nie. U word 'n klomp leuens deur u amptenary gevoer. Die skending van menseregte by Helderstroom is aan die orde van die dag, ten spyte van die teenwoordigheid van regter Erasmus se mense.
In sy dag des lewens is mnr Yengeni die eerste gevangene wat so gou op 'n naweekpas gegaan het. As 'n monitor het hy self honderde van hierdie aansoeke ingevul en almal is afgekeur. Daar was selfs gevalle waar gevangenes gevra het om net vir een dag uit te kom om 'n begrafnis by te woon en selfs dit is afgekeur. Hy vra dat u sy ler trek om die feite vas te stel. Dankie. (Translation of Afrikaans paragraphs follows.)
[I have just spoken to prisoner number 95151291 and he asked me to convey the following message to you. He was in Helderstroom prison for eight years. He was a model prisoner and was even a monitor. What this prisoner is saying, is: What you are telling the nation is appealing, but not purposeful. You are being fed a pack of lies by your officials. The violation of human rights at Helderstroom is the order of the day despite the presence of Justice Erasmus's people.
In his lifetime Mr Yengeni is the first prisoner to be granted a weekend pass so quickly. As a monitor he has filled in hundreds of applications himself and all were turned down. There have even been cases where prisoners have requested to be allowed out for one day to attend a funeral and even that has been turned down. He asked that you retrieve his file to determine the facts. Thank you.]
Madam Deputy Speaker, hon Minister, the ACDP shared the concerns regarding the perception that Mr Yengeni was receiving preferential treatment, particularly following his hero's send-off.
We therefore welcome your announcement today, Minister, that you have taken serious note of the allegations of parole violations, and that privileges have been withdrawn as an interim measure, pending the finalisation of the investigation.
It is very important that all citizens are considered equal before and subject to the same law, and that all offenders are subject to the same parole regulations. If one breaches those conditions, sanctions must follow, no matter who is involved, to protect, as you pointed out, the integrity of the parole policy.
We must at all times be careful of sending out the wrong message that if you're politically connected, you enjoy special privileges, and are better treated than other offenders. I thank you.
Agb Adjunkspeaker, die agb Minister doen 'n beroep op die media en vra dat hulle tog nou die gevangene met rus moet laat en bietjie respek toon, sodat hy ook sy privaatheid in die gevangenis kan geniet. Die vraag is: as die media nie aan die hele aangeleentheid rondom Toni Yengeni soveel aandag gegee het nie, sou u as Minister dan nog opgetree het? Sou daar opgetree gewees het, as dit nie in die media bekend geword het dat hy sy paroolvoorwaardes oortree het nie? U doen skadebeheer op hierdie stadium.
Met hierdie aangeleentheid oor Toni Yengeni is die boodskap na buite en die sein wat die regering uitstuur dat as jy 'n ANC-lidmaatskapkaartjie het, sal jy bevoorregting en bevoordeling kry as jy in die gevangenis is. Toni Yengeni het nog nie eens tyd gehad om aan te pas in die gevangenis nie, toe moet hy alweer uitgaan om by die burgerlike lewe aan te pas. Dit is onaanvaarbaar. Dankie. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Hon Deputy Speaker, the hon Minister is appealing to the media and asking them to please leave the prisoner in peace and to show a modicum of respect, so that he can also enjoy his privacy in prison. The question is: If the media had not paid so much attention to the whole matter concerning Toni Yengeni, would you - as the Minister - still have acted. Would steps have been taken if the contravention of his parole regulations had not been known in the media? You are doing damage control at this stage.
With this matter concerning Toni Yengeni the message and signal being sent out there by government is that if you have an ANC membership card you will receive preferential and favourable treatment if you are in prison. Toni Yengeni did not even have time to acclimatise to life in prison before he had to leave again to adjust to civilian life. It is unacceptable. Thank you. [Applause.]]
Madam Deputy Speaker and hon members, we note with interest that, in keeping with international best practice in terms of prisons, the prisons in South Africa also make room for people to visit their families over a period of time. We have also noted what the Minister said, namely that the prisoner concerned would forfeit some of the privileges offered to him.
It is equally important to note that, yes, there is the perception out there that once you belong either to the ANC or to some other party, there is a feeling of entitlement, that people feel that they are entitled to some of these rights, whether this is the case or not. This has to be looked into and set right.
Another important thing is that it is also incumbent upon the offender himself to get out of the mode of denying that there is some wrong in what he has done. Until he has come to accept that, it will always be very difficult for him to know that he doesn't have the freedom that he supposedly deserves. I thank you.
Madam Deputy Speaker, the MF wants to make it clear that, when a crime is committed, punishment needs to be served to restore the balance to society.
This punishment cannot be picked and chosen, but needs to be enforced in respect of the crime committed. While it is correct that circumstances may influence such judgments, it should not prejudice justice from being served.
We stand here today saying that all criminals need to receive the same treatment, and that no special treatment be awarded according to status.
We are, however, pleased that the department assures us that out of the 243 prisons in South Africa, "a prison is a prison".
We need to assure the public that the criminal justice system in South Africa is being maintained in a most effective manner to ensure the rehabilitation of offenders and to deter crimes.
To the Minister, I want to say: We thank you for your proactive action. Thank you very much. [Applause.]
Deputy Speaker, the UPSA again calls for the hon Minister to resign. [Interjections.] The hon Minister has been occupying all his time doing damage control after ill-disciplined officials messed up.
The South African public has to hear constantly of one crisis after another in the department. This is a clear indication that the hon Minister is not hands-on and proactive. The PR exercises of the Minister that have now become an institution in this department, like this statement made here today, will no longer suffice. This lack of a hands-on approach by the hon Minister is supported by his apparent ignorance of matters surrounding offender Tony Yengeni and the suspicious tender procedures involving the outgoing commissioner, Linda Mti.
There is now an urgent need for a drastic cleanup in the management of this Ministry and its department. The first step is for the hon Minister to resign. I thank you. [Interjections.] [Time expired.] [Applause.]
Deputy Speaker, let me first start by saying that I am aligning myself with what the Minister has said. [Interjections.] We have a charter and it is the Freedom Charter. The Freedom Charter states that all shall be equal before the law, and no one - no one - is above the law. [Interjections.] That is exactly what the Minister is saying here today. He has been guided by the Freedom Charter and not by anything else, not by an agenda or by any other thing.
Minister, we as a portfolio committee, as a study group, will support you in that. [Interjections.] [Applause.] You see, when we say that nobody is above the law, we mean it. We are saying that if Tony Yengeni has contravened his parole regulations and privileges, he must be punished. That is what we are saying, and not what you are saying.
The Minister is saying that he is going to wait for a report - we are not judges here - to say yes or no as to whether he is guilty. We are saying, "Let us wait for the parole board to finish their work." Mr Selfe was part and parcel of appointing ...
Honourable Selfe.
"Honourable" ... independent parole board chairpersons. Those chairpersons are not part and parcel of Correctional Services; they are civilians. We trust what they are going to do. We trust them. I don't have any reason to doubt them.
I can say here and now that the Portfolio Committee on Correctional Services will follow this whole thing of what has happened, but I must tell you that we can't stand here and say that he is already guilty of an offence. It would be wrong of us. It would be totally wrong of us. We will wait, and I hope that the Minister will give us the outcome of the investigation by the regional commissioner or area commissioner and the parole board.
Minister, we are fully behind your decision that if a person, no matter ... They are saying... Mr Mfundisi was saying, "When you are well connected to the ANC ... " and whatever else. [Interjections.] That is not the truth! The ANC ...
Order, hon members! Please, let's give the hon member an opportunity to address us.
The ANC is the only, only honest party in this country. [Interjections.] [Applause.] The ANC Minister comes here ...
On a point of order, Madam Deputy Speaker: I suspect that the hon member is telling a lie, and I wonder if that is parliamentary. He said that the ANC is the only honest party.
Actually your language is unparliamentary; an hon member is never ...
I'm unparliamentary?
Yes.
I know I am, but I had to try to keep him quiet, Madam Deputy Speaker.
So, you did that deliberately? Take your seat.
Well ... certainly.
You see, we are busy with a very serious issue here, and they are making jokes out of it.
Agb Adjunkspeaker, is die agb lid bereid om 'n vraag te beantwoord?
Jy kan maar vra, agb lid.
Agb Adjunkspeaker, ek wil net vir die agb lid vra: Is hy regtig eerlik as hy s die ANC is die enigste eerlike party? [Tussenwerpsels.] (Translation of Afrikaans paragraphs follows.)
[Mr P J GROENEWALD: Hon Deputy Speaker, is the hon member prepared to take a question?
You may ask, hon member.
Hon Deputy Speaker, I just want to ask the hon member: Is he really being honest when he says that the ANC is the only honest party? [Interjections.]]
Hon member, please answer the question.
Die rede waarom ek so s, is dat daar altyd dinge vir ons weggesteek was. [Tussenwerpsels.] Hier kom 'n Minister van die ANC met 'n senior lid van die ANC - Tony Yengeni is 'n senior lid van die ANC - en die Minister s: Ek neem hierdie en hierdie weg van jou.
Waar sal jy ooit eerlikheid soos dit kry? [Tussenwerpsels.] Waar gaan jy eerlikheid kry? Hy steek dit nie weg nie. [Applous.] Die Minister steek dit nie weg nie. Hy s dat ons 'n ondersoek gaan doen. Ek s dat niemand ... Die ANC steek dit nie weg nie! (Translation of Afrikaans paragraphs follows.)
[Mr D V BLOEM: My reason for saying this is is that things were always hidden from us. [Interjections.] Here we have a Minister from the ANC with a senior member of the ANC - Toni Yengeni is a senior member of the ANC - and the Minister says: "I am taking this and that away from you.
Where are you ever going to find this kind of honesty? [Interjections.] Where are you going to find honesty? He does not hide it. [Applause.] The Minister does not hide it. He says that we are going to conduct an investigation. I am saying that no one ... The ANC is not hiding it!]
We will never defend any corruption. We will never defend anyone within prison. [Interjections.]
Order, hon member! Hon members, please rise on a point of order and stop screaming. Anyone who wants to address us, rise on a point of order and let's get that addressed, please.
Deputy Speaker, they don't have people in prison. They don't know what is going on in prison. [Interjections.] That's why they can howl like this. I am saying that I respect what Minister Balfour has done today. It shows that Minister Balfour is serious about rooting out this perception. I am saying "this perception". Minister Balfour shows you today that, no, we are not going to defend anybody - anybody who has committed a crime and who is in prison. That is the message that Minister Balfour is giving all of us here today.
I don't know why you are howling and howling. Are you not satisfied with what the Minister has done today? [Interjections.] You are not, because you don't know what the rules and regulations are of our country. The Minister is following exactly that, to say that Mr Yengeni has done "one, two, three, four, five" and that, in the interim, "I am going to do: one, two, three." Minister, thank you very much and congratulations on your stand. Thank you. [Applause.]
Debate concluded.