Deputy Chairperson, the answer to the first part of the question is no. Although international law, as per the judgment of 23 May 2011, to the effect that the state of California must decrease the level of overcrowding to 137,5% during the next two years, is taken into account, it is not compulsory to implement such judgments in South Africa. According to the most recent available official statistics, as on 31 December 2009 the 33 correctional centres in California had a capacity to hold 79 818 inmates, whilst they had 151 482 inmates in detention, therefore constituting a population level of 189,8%.
On (a), the norm is 3,5 inmates per square metre. On (b), in terms of section 84(2)(j) of the Constitution, the President has the power, amongst others, to pardon or reprieve offenders and to remit any fines, penalties or forfeitures.
The answer to the second part of the question is yes. The problem of overcrowding in the South African correctional system has been identified as a key challenge which negatively affects the ability of the South African correctional system to rehabilitate offenders. Correctional centres are on average 34% overpopulated, as per the statistics of 2010-11.
Initiatives to relieve overcrowding are interdepartmental in nature. It is widely recognised that the solution to overcrowding does not reside solely with the Department of Correctional Services. The Integrated Justice System Development Committee, its substructure, known as the case management task team, and the Intersectoral Committee on Child Justice are responsible for identifying and addressing backlogs that result in overcrowding. Role- players in these structures include the Department of Correctional Services, State security, Justice and Constitutional Development, Social Development and the National Prosecuting Authority.
Legislation to facilitate the possible placement of offenders serving sentences of less than 24 months after one quarter of the sentence, as against one half on parole, as well as to facilitate the possible placement of offenders sentenced to compulsory minimum sentences after one half, as against the current four fifths, is receiving attention by means of the Correctional Matters Amendment Act, Act 5 of 2011.
During 2004 the department implemented a multipronged strategy consisting of the following dimensions: managing levels of remand detainees through the integrated justice system's case management task teams and the Intersectoral Committee on Child Justice; managing levels of sentenced inmates through improving effective and appropriate use of conversion of sentence to community correctional supervision, release on parole, and transfer between correction centres to attempt to establish some degree of evenness with regard to overcrowding; ensuring progress with the department's capital works programme to upgrade correctional facilities and to build correctional centres that are both cost-effective and rehabilitation-oriented; encouraging debate in South Africa about reasons for incarceration as a sentence, and encouraging an approach to appropriate sentencing that is focused on facilitating rehabilitation; enhancing community correctional supervision so that it can be better utilised as an appropriate sentence for less serious crimes; improving corrections and development programmes in the department to ensure and enhance facilitation of rehabilitation that targets offender behaviour; encouraging improvement of first and second levels of corrections in the family and social institutions, including economic sector government departments, commensurate with entry into the criminal justice system; and, finally, encouraging community involvement in social reintegration of offenders back into the community in order to assist in reducing levels of repeat offending.
On 31 May 2005 the President granted a specific period of special remission of sentence to sentenced offenders, amongst others, to enhance the humane detention of inmates. The impact of that decree was a decrease of 24,6% in the overpopulation rate from 62,51% during 2004-5 to 37,91% during 2007-08.
The effective use of section 62(f) of the Criminal Procedure Act, Act 51 of 1977, which allows for a court to release an accused on bail, with the provision that the accused is supervised by a probation officer, a correctional official, or a community corrections office, is actively propagated. It is hoped that more awareness of this section will succeed in alleviating the fears of courts regarding the granting of bail and thus ensure that more accused persons are granted supervised bail instead of awaiting trial in correctional centres. As we speak, of the approximately 160 000 inmates in our facilities, a third are awaiting-trial inmates.
According to section 63(a) of the Criminal Procedure Act, Act 51 of 1977, the head of a correctional centre may apply to a court to release certain awaiting-trial detainees if the conditions in the correctional centre will result in a material threat to the human dignity, physical health or safety of the accused; or the accused is charged with an offence for which a police official may grant bail; or the accused was granted bail by the court but could not afford to pay the bail amount.
The impact of the initiatives mentioned is that they managed to further decrease the overcrowding rate of 37,91% during 2007-08 to 34% in 2010-11, as against a target of 38%. Thank you, Deputy Chairperson.
Thanks, Deputy Minister, for your answer. Deputy Chairperson, through you to the Deputy Minister, this question is one question, though it looks as if it is multipronged. My follow-up question is: Is the hon Deputy Minister not contradicting himself when he answers in the negative to the first part of the question and in the affirmative to the second part, and correctly and satisfactorily states the processes going forward? Thank you.
Deputy Chairperson, the first part of the question refers to whether we are going to implement decisions relating to the California case. The second part of the question deals with what we are doing in South Africa to alleviate overcrowding. There are no contradictions at all. Thank you, Chair.
Details regarding Operation Funda, and measures to provide better access to full-time study for inmates
2. Mr T M H Mofokeng (ANC) asked the Minister of Correctional Services:
(1) Whether the project Operation Funda has been successful; if not, why not; if so, what are the relevant details;
(2) whether any measures have been (a) put in place and/or (b) implemented to ensure more capacity to provide better access to full-time study for inmates; if not, why not; if so, what measures? CO93E
The reply to the first part of the question is yes. The implementation of Operation Funda has been successful. For a school to be registered as a full-time school by the Department of Basic Education, it must meet certain resource-related requirements. Hence, as part of the extension of Operation Funda, there are full-time schools for youth offenders which are now in operation. I will not enumerate them - this record will be made available and members can see for themselves where we are and where we are not.
Furthermore, the department has successfully implemented an e-literacy project in partnership with the Presidential National Commission for a three-year cycle from 2009 to 2012, and has trained 770 offenders, which includes youths and females.
We have registered a total of 33 examination centres for NATFTED programmes and 20 examination centres for the National Certificate: Vocational with the Department of Higher Education and Training on the provision of further education and training programmes.
We have also advertised 19 technical-level educators' posts at the Free State and Northern Cape Tswelopele Correctional Centres. We have also registered 50 offenders on an artisan development programme in partnership with the Safety and Security Sector Education and Training Authority, Sasseta. We have registered 15 offenders on accredited brick-laying and plastering programmes at Mafikeng Correctional Centre. So the list continues. You will have the details of that.
The answer to the second part of the question is yes. The process is under way. Currently, the department has reviewed its formal education policy in order to make it compulsory for youth offenders up to the age of 25 to attend school. This will be enacted as soon as the departmental regulations have been approved by Parliament.
Recently a business case on classroom needs was submitted for approval by the commissioner. Should this be successful, more access to educational opportunities will be available to offenders. Some new centres have already been resourced, with funds for the procurement of computers and learner and teacher support materials.
Partnerships with the Departments of Basic Education and Higher Education and Training, as well as extended stakeholders, have been established to enhance programme provisioning for offenders. For example, the Bubblegum/Liberty Life Educational Foundation partnership has donated the materials to establish full-time schools in the department. Thank you.
Employment equity targets and details relating thereto
3. Mr M H Mokgobi (ANC) asked the Minister of Correctional Services:
(1) Whether her department has set employment equity targets for all its centres and provinces throughout the country; if not, why not; if so,
(2) whether these targets take into consideration the disproportionate location of racial groups in the various provinces; if not, why not; if so, what are the relevant details;
(3) whether any employees or representatives of employees of her department have raised concerns with the use of employment equity targets in any form by her department; if not, what is the position in this regard; if so, what are the relevant details;
(4) whether there are any concerns of critical vacancies not being filled for a considerable period of time as a result of her department's employment equity targets in any of its centres; if so, what are the relevant details? CO94E
Deputy Chairperson, the department has one employment equity plan which is informed by the employment equity data from all regions. I repeat, the department has one employment equity plan which is informed by the employment equity data from all regions. The department has an approved national employment equity committee consisting of officials from the department, as well as recognised labour unions.
There was consultation with relevant stakeholders on the equity plan. Not all relevant stakeholders could be consulted concerning the development of that plan, and there are individuals in the Western Cape who are challenging the application of the targets in different forums and in terms of labour legislation. However, since the department consulted widely when drawing up its plan, it has not received any expressions of concern from regional labour organisations such as the Police and Prisons Civil Rights Union, Popcru.
All advertised positions have been filled after following the relevant human resource procedures.
The answer to the second part of the question is that the department has one employment equity plan which is informed by data from all regions - one employment equity plan which is informed by our data from regions. This looks like a repetition. Yes, I am done.
Deputy Chairperson, I would just like to get a sense of how the department is dealing with the challenges from the Western Cape.
Can the member repeat the question?
In the Deputy Minister's answer there was an indication that there are certain groupings in the Western Cape that are challenging this. I just wanted to get clarity.
We are applying the equities across the country and we are not making specific exceptions for any region. This is basically what is informing us. We treat the country as one. The department is one, countrywide.
Deputy Chairperson, this question is not only about equity; it is also about rehabilitation, which is the central pillar of Correctional Services. Now, when it comes to rehabilitation, we must also think of language. In Sekhukhune, in Limpopo, it is Sepedi. Here in the Western Cape the inmates communicate in Afrikaans. In KwaZulu-Natal it is isiZulu. Now, we must also take that into consideration. We are not challenging that. I am saying we must also take that into consideration when it comes to the implementation of rehabilitation. [Interjections.] You are going to prison one day, and you will see! [Laughter.]
Hon Bloem, I asked for follow-up questions, and not for statements. Thank you very much.
Deputy Chairperson, I would like to point out to the Deputy Minister that something has been asked in section 4 of that same question, but I don't think the Deputy Minister has answered that question. I would like to ask the Deputy Minister this follow-up question: The Minister has said that 100% of those posts have been filled. There are posts in which people have now been acting for more than 16 months. So, we are asking the question. If the Minister says that it is 100%, why are there still acting regional managers in Correctional Services?
Deputy Chairperson, I'm afraid I cannot commit myself to an answer to that question. I will have to do my homework and come back to the House. Thank you.
[Inaudible.]
Hon Gunda, I think I am not going to entertain anything further in that regard. The Deputy Minister has answered you. Can we bear with him on this, because there might be another occasion to go into detail? Please.
Hon Deputy Chair, I just wanted to ask the Deputy Minister if he would be willing to give to me in writing what he has just said.
Deputy Chair, I will give the hon member the answer in writing because that is a new question.
Hon Deputy Minister, you need not have answered the hon member, as I have already spoken to him.
Deputy Chairperson ...
Hon Bloem, no new questions. Please take your seat. Please. Take your seat.
Why?
Hon members, I want to call the House to order. We all know how many follow-up questions we are allowed. So let's not create a circus.
Let the Chairperson decide. You are the Chief Whip, not the Deputy Chairperson. [Laughter.]
Hon members, can we be disciplined for a change, and follow the procedures? Otherwise I won't hesitate to tell someone to march out of this House.
Mandate of newly established Medical Parole Advisory Board and details in this regard
4. Ms N D Ntwanambi (ANC) asked the Minister of Correctional Services:
(1) Whether the mandate of the newly established Medical Parole Advisory Board differs from that of the previous board; if not, what is the position in this regard; if so, what are the relevant details; (2) whether her department anticipates an increase in the scope and magnitude of the work of the newly established board; if not, what is the position in this regard; if so, what are the relevant details;
(3) whether any measures and support systems have been put in place to support the board to work effectively and efficiently in fulfilling its mandate; if not, why not; if so, what (a) measures and (b) support systems?