Chairperson, Ministers and Deputy Ministers, fellow South Africans, hon members and comrades, we take advantage of this opportunity to acknowledge the contribution that hon member Florence Nyanda made to realising a better South Africa. To the very end, MaNyanda would join the portfolio committee in its oversight and committee work, regardless of her failing state of health. We salute MaNyanda. We also take this opportunity to convey our condolences on the death of another veteran of our movement, the late Reverend Chabaku. Lala ngoxolo. [Rest in peace.]
The overwhelming majority of South Africans born prior to 1990 continue to bear the mental and physical scars of a brutalised society. An analysis of the current offender population shows that the majority of offenders are in the age range of 21 to 45 years; they are black South Africans and they are males. This means that the 45-year-old inmate whom we talk about was about nine years old and still in primary school when the Soweto uprisings of 1976 took place. We are acutely aware that for the decade after the Soweto uprisings, very little teaching and learning took place in our townships, resulting in a generation of young people with very little chance of being gainfully employed. In all likelihood, the 21-year-old offender has a father or older brother who is or was in our correctional facilities at some point.
In America, when the slaves started their struggle for political participation, the ruling elite introduced a system of informal and state- sponsored forms of violence and repression through the penal system. The prison walls were designed not only to keep the offenders out, ... [Interjections.] ... rather, to keep them in, but to keep the public out, thus preventing observation or knowledge of what was going on inside. [Interjections.] Unknown to all but offenders and guards, the prisons thus became physical sites where the most unspeakable torture was carried out without any restraint.
In our own country, history shows that when the oppressed took up their struggle for a better life, the government of the time similarly imprisoned many of us and even banished the leadership of the struggle for a better life to Robben Island, as a means of removing from society those whom they felt should not be seen or heard. These acts of banishment and mass imprisonment during those dark days of apartheid have a direct bearing on the high numbers of the unemployed or unemployable masses, resulting in many, but not all, turning to crime purely for survival.
The ushering in of a democratic order on 27 April 1994 and the adoption of our Constitution in 1996 mark the end of an horrific past and the beginning of a season of hope. Central to the events of 1994 and 1996 is a desire for all to be regarded as equal citizens in a land that is devoid of discrimination and human rights abuses by one against another. The acknowledgement of this reality is to be found in the provisions of our Constitution, which states, among other things, that:
The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) human dignity, the achievement of equality and the advancement of human rights and freedoms.
These values of freedom and human rights include the right not to be tortured in any way and not to be treated or punished in a cruel, inhumane or degrading fashion.
The Department of Correctional Services is a key player in breaking the cycle of crime in our country. The ANC-led government recognised that the rehabilitation and reskilling of offenders must be central to the department's operations and that the old system of incarceration without rehabilitation as a means of addressing the scourge of crime was short- sighted.
In undertaking its responsibility, the department must always treat those found guilty of being in conflict with the law in a manner that is consistent with the noble ideals of our Constitution and guard against violating the human rights and human dignity of offenders.
In the process of interrogating the estimated R17,7 billion budget of the department, we have an obligation to ensure, firstly, that the planned departmental activity or expenditure is a constitutional requirement; secondly, that the planned activity or expenditure is a requirement of the Correctional Services Act; and, thirdly, that the activity or expenditure is not in contradiction to the Constitution or the Correctional Services Act. The committee is of the view that these principles must serve as a guide to the department in pursuing its obligations.
The chronic overcrowding that currently exists in most of our Correctional Services facilities is an impediment to any chance of a successful rehabilitation programme. Overcrowding is also a violation of a humane and dignified existence for all South Africans, including those who are guilty of having committed a crime and are sentenced to serve time in prison as a result thereof.
In assessing the performance of the Department of Correctional Services, we need to simultaneously examine the impact of decisions and attitudes of role-players outside the Department of Correctional Services. As we speak, roughly 12 000 offenders are sentenced to a term of two years or less, due to their crimes being of a less serious nature. Of these 12 000, approximately 116 are guilty of crimes related to sex, 2 569 are guilty of aggressive crimes and 1 096 are being imprisoned for narcotics. We are not speaking of these 3 781 offenders, but the remaining approximately 8 000 offenders who are guilty of economic or theft-related crimes. These individuals should very often not be in correctional facilities, in our view, but rather be subjected to an alternative sentence, such as correctional supervision, instead of incarceration. We urge the judiciary and the National Prosecuting Authority to seriously consider the option of alternative sentences.
This is because, firstly, the current cost estimate of about R300 per inmate per day to house offenders guilty of lesser crimes amounts to about R1,4 billion per annum. It would be cheaper to take advantage of electronic monitoring of such offenders as they perform their correctional sentences outside of our facilities. [Applause.] We argue that the estimated R1,4 billion in question could then be utilised in the rehabilitation and reskilling of offenders who have a sentence of longer than 24 months.
Secondly, alternative sentences would address the overcrowding crisis in correctional facilities and thereby ensure that rehabilitation had a better chance of success. Thirdly, the reduction of overcrowding would ensure that the human dignity of those who were incarcerated was not violated. Finally, experience shows that incarceration often results in petty criminals or first-time offenders emerging as hardened criminals after their stay in prison, thereby defeating the objective of breaking the cycle of crime and criminality. Alternative sentences make perfect sense, not only from a humanitarian viewpoint but also from the consideration of the cost to the national fiscus.
Another area that requires attention is the consequences of the minimum sentences legislation. More and more offenders are serving longer sentences and, as a result, are spending longer periods in correctional facilities. Also, with the professionalising and ever-improving efficiency of the SA Police Service, more arrests and convictions will arise. We support a more effective police service. However, the effect is that the offender population is bound to increase. Therefore, the problem of overcrowded correctional facilities will remain and, with it, the reality that human dignity and the chance of real rehabilitation will be jeopardised. We think that the Department of Justice and Constitutional Development ought to relook the minimum sentence laws under the current, prevailing reality.
Yet another area worth examining is the parole regime, which in the main is also outside the jurisdiction of the department. From the outset, let us appreciate the fact that it is perfectly understandable that victims will, in many instances, be either reluctant to participate in the parole process or even unwilling to forgive the perpetrators of crime. Notwithstanding this fact, the restorative justice principle of necessity requires victim participation for a positive and successful parole ruling. In the absence of victim participation, the granting of parole to deserving offenders becomes very difficult and, as a result, their stay in correctional facilities is extended.
Added to victim participation, there is the important role that society plays. Often communities reject ex-offenders upon their release, thereby alienating and marginalising these members of our society. The chances of finding meaningful employment are also minimal for ex-offenders, because a criminal record makes potential employers reluctant to hire them. This could easily result in ex-offenders reverting to crime for sheer survival. All of us, business and communities, must realise that the consequences of our actions are an eventual exertion of pressure on the capacity capability of existing facilities, resulting in overcrowding, with all the associated challenges of ensuring effective rehabilitation and the safeguarding of human rights and human dignity in Correctional Services facilities.
It is clear that as the final link in the criminal justice chain the Department of Correctional Services has very little control over the population management of offenders. The actions and decisions of the judiciary, the National Prosecuting Authority, the SA Police Service and society as a whole have a direct bearing on overcrowding, which violates the provisions of our Bill of Rights. Our appeal today is for all role- players to have an open mind towards assisting in the achievement of the objectives of the White Paper on Corrections and our Bill of Rights, as well as the realisation of a better South Africa and a better world.
In closing, let me say that the most accurate measure of a nation's commitment to human rights and equality for all is to be found in how it treats those who have wronged society. Our generation is called upon to empower humankind through ensuring equal opportunities and guaranteeing human rights for all, regardless of their station in life. We must never be found guilty of perpetuating the penal system employed during the period of the freed slaves, nor must the department and society revert to the apartheid era thinking of merely "warehousing" offenders. Our actions today will determine the South Africa of tomorrow. God bless Africa. The ANC will support the 2012-13 budget of the Department of Correctional Services. [Applause.]