department of correctional services annual report 2008-09 select committee 04 november 2009

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DEPARTMENT OF CORRECTIONAL SERVICES ANNUAL REPORT 2008-09

SELECT COMMITTEE

04 NOVEMBER 2009

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CONTENTS

Focus Areaso Programme Administrationo Programme Facilitieso Awaiting Trial Detainees / Bail / Overcrowdingo Programme Social Reintegrationo Programme Careo Programme Developmento Integrated and Co-ordinated Justice Cluster

Programmeso Regional Specific Issues

Conclusion

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PROGRAMME ADMINISTRATION

886 contracts to the value of R 1, 148 billion awardedo 743 with a value of R1,112 billion awarded to historically

disadvantaged individuals

Guideline to deal with fruitless and wasteful expenditure implemented

Six (6) cases of irregular expenditure reported Asset verification process completed in February 2009 Matters of qualifications reduced by 75% as the Audit

Report of 2006/2007 had four (4) qualifications while the Audit Report of 2007/ 08 had only one (1) qualification

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No qualifications on accruals in the Audit Report for 2007/08

Correctional Services Amendment Act no 25 of 2008 promulgated on 11 November 2008

Date of commencement of the Amendment Act is 1 October 2009 except for sections 21, 48 and 49

94 legal opinions 804 litigation cases handled

o claims = 175o motions = 235o arbitrations = 394

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247 corruption cases reportedo 104 cases closedo 28 cases referred to Code Enforcemento 53.44% cases investigatedo 46.66% still under investigation

13 workshops focusing on ethics in supply chain operations held nationally with 448 officials attending

Sanctions imposedo 17 cases carried over from previous financial years (13

officials dismissed from these 17 cases) o 39 cases finalized with 13 officials being dismissedo 4 cases withdrawn before the hearing due to lack of

evidence

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o 5 acquittalso 18 cases in progresso 350 officials implicated in medical aid fraud to pay

back R6 354 100 and were given final written warningso 6 Training workshops held nationally with 155 officials

trained as Chairpersons / Initiators Departmental Bargaining Chamber (DBC) in support of

the amendments proposed in Performance and Career Management Policy – Based on this Resolution 1 of 2008 was negotiated and signed with labour unions

Gender Strategy and Implementation Plan developed and communicated to the Gender Forum and the National Employee Equity Committee (NEEC)

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4713 officials inducted on mainstreaming of gender equality within the Gender Empowerment Strategy

PALAMA facilitated training of a further 23 officials on gender mainstreaming

Average turnaround time for the filling of vacancies increased to 210 days

Average percentage of vacancies for scarce skills is 38%o Medical Practitioners: 20%o Pharmacists - 42%o Psychologists - 68%o Social Worker: 34%o Nurses: 26%

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External service provider appointed to conduct the baseline organisational culture survey

Change management intervention plan not developed – awaiting outcome of the culture survey

OSD for Nurseso 736 professional nurses were translated to the OSD

for Nurses OSD for Social Workers

o 13 Job Descriptions developed - 7 graded for this OSD through the National Department of Social Development.

o OSD costed - figures submitted to DPSA and National Treasury

o OSD not implemented - agreement still negotiated in GPSSBC

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OSD for legally qualified personnel in process of being approved

OSD for Artisans and Engineerso Inputs have been provided to DPSA with regard to the

costing of the OSD to enable a submission to the Mandating Committee

791 Interns appointed instead of 5% of total establishment - financial constraints

659 junior and middle managers completed junior and middle management training

134 senior managers trained 534 investigators trained 310 officials trained in Restorative Justice 17 food handlers trained

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PROGRAMME ADMINISTRATION 2436 entry level officials trained National Relationship Building by Objective (RBO)

Monitoring Committee established Design phase of the Remand Detainee and Offender

Management System completed Tender awarded to service provider for development of

Remand Detainee Offender Management System (RDOMS)

Integrated Corporate Services System (Project Phetogo) equipped

Integrated Legal System (Lesedi 2) (Code Enforcement and Employee Relations) is operationalIntegrated Legal System (Lesedi 3) (Legal Services) System complete and training undertaken

An overarching DCS communication strategy has been approved

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PROGRAMME ADMINISTRATION Performance indicators developed in line with FMPPI and

submitted to National Commissioner for approval Project Management Guidelines available

Project Management procedures and Project Portfolio Management procedures submitted for approval

Regional Commissioner's Forum (RCF) Charter approved

RCF reporting framework developed

Planning and Reporting Forum established with Chief Deputy Commissioners (CDCs) and Regional Commissioners (RCs)

Compliance Improvement Plan (CIP) implemented - inspections conducted on existing CIP

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Reasons for Major Variances Moratorium on filling of posts 1 August 2008 - momentum

in reducing vacancy rate could not be sustained Moratorium on the filling of non-critical posts from 1

August 2008 to mitigate against the over expenditure that was foreseen - largely emanating from implementation of PSCBC Resolution 1 of 2007 with respect to the payment of overtime

Average vacancy rate in scarce skills category below the service delivery target of 50% - attributed to effective counter offer and head hunting strategy and implementation of OSD for Nurses

There are occupational categories that remain a challenge e.g. Psychologists and Pharmacists where more needs to be done to make the remuneration offered more attractive

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Reasons for Major Variances Compensation still primary reason for voluntary exits in

addition to the challenges associated with correctional centre working environment

Challenge with implementation of OSDso Lack of funds to implement OSDso Lack of agreement with labour on principles of OSD

agreemento Absence of clarity regarding middle management

nurseso No signed resolution on the OSD for Social Workers

Department of Health issued letter stating all OSDs which fall under Public Health Social Development Sectoral Bargaining Council (PHSDSBC) must be kept on hold until 2009 / 2010 - no funds allocated in financial year of reporting

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Reasons for Major Variances Change of leadership delayed process of establishing

professional body for Corrections Delay also caused by change in legislation (NQF

Framework Act)

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PROGRAMME : FACILITIES

Progress on Construction and Upgrading of Facilitieso Kimberley facility – At end of 08/09 financial year 87%

completed – Final value for construction : R 823 m – Accommodation gain : 3 000 beds

o Progress with upgrading of three other facilities, i.e. Brandvlei, Van Rhynsdorp, WarmbokkeveldBrandvlei – At end of 08/09 financial year 14% completed –

Final value for construction : R 287 m – Accommodation gain : 346 beds – hot spring used for heating water for facility

Van Rhynsdorp – At end of 08/09 financial year 58% completed – Final value for construction : R 193 m – Accommodation gain : 328 beds – solar panels used for heating water (saving of R 6 million over 10 years)

Warmbokkeveld – At end of 08/09 financial year 16% completed – Final value for construction : R 182 m – Accommodation gain – 262 beds

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PROGRAMME : FACILITIES

Dependent on Department of Public Works (DPW) to finalize service delivery standards which informs the service level agreement

DPW appointed consultants to undertake the

viability studies for Leeuwkop and Pollsmoor

58 projects under construction, 12 on tender and 14 under planning

Project funds allocated by DPW – Impact on progress

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AWAITING TRIAL DETAINEES / BAIL / OVERCROWDING

DCS mandated to take the lead in ensuring an effective system for the management of remand detainees

End of 08/09 Financial year total remand detainees at 49 477

National action plans and frameworks for both ATD’s and sentenced offenders developed and implemented

Actions resulted in the following successes already achieved during the 1st quarter 2009/10:

Awaiting Trial Detainees

Applications to courts:3 222 Applications made ito Section 63A of CPA2 984 Applications made to court ito Section 63(1)

of CPA

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SUCCESSES

812 ATD’s released ito Section 622 033 ATD’s released under correctional

supervision ito Section 62 (f)86 Children placed under correctional supervision

ito Section 71991 Children released on warning/cases

withdrawn ito Section 72593 Plea bargaining cases referred to court ito

Section 105A of which 335 cases were concluded

In 1st quarter of 09/10 financial year number of remand detainees dropped to 47 016

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Average Active Bail Cases Per Bail Category

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

1st Qtr 08/09 39155 5655 3644 1587

2nd Qtr 08/09 36287 6101 4129 1521

3rd Qtr 08/09 38250 5432 3389 1317

4th Qtr 08/09 38470 6028 3889 1612

1st Qtr 09/10 38238 4628 4726 1139

No Bail R0 - R 999 R 1000 - R 2500 > R 2500

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Overcrowding Remains a challenge Average population level for 08/09 financial year -

143% Sentenced offenders at end of 08/09 financial year

115 753 Action plan of Department resulted in following

activities achieved during the 1st quarter 2009/10:

931Offenders sentenced directly to correctional supervision

1 288 Offenders placed under correctional supervision after serving 1/6 of sentence

2 334 Fine cases placed under correctional supervision

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Overcrowding

374 Offenders’ sentences converted to correctional supervision

8 724 Offenders placed on parole3 934 Inter-centre transfers to ensure evenly

distribution of offender population

Department serious in managing levels of sentenced offenders through improving appropriate use of conversion of sentence to correctional supervision, release on parole & transfers between correctional centres to establish some degree of evenness of overcrowding

However, sentenced offender population increased during first quarter of 09/10 financial year to 116 089

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PROGRAMME : SOCIAL REINTEGRATION Correctional Supervision and Parole Boards (CSPB)

considered 47 362 submissions and approved conditional placement in 22 252 cases (46,98%)

17 cases referred for review Decision of CSPB was cancelled in 8 (61,5%) cases and

confirmed in 5 cases 4 decisions still outstanding from the Review Board 12 296 cases where minimum detention date expired

and no recommendation for parole made by CMCs to Parole Boards

10 966 violations against target of 10 780 - target not met

1 664 absconders for financial year 223 community service orders implemented Guidelines for partnerships with service providers

developed

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PROGRAMME : SOCIAL REINTEGRATION

Reasons for Major Variances Implementation of alternative strategies to incarceration

dependent on other stakeholders - impacts on targets set

Significant advancement made in obtaining cooperation and buy in from relevant stakeholders

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PROGRAMME : CARE

116 115 offenders participated in Social work sessions - higher than 101 000 target

More than 168 784 spiritual care sessions conducted against 166 000 target

Comprehensive HIV and AIDS programmes and services implemented in 50% of the Management Areas

72 746 offenders participated in HIV and AIDS sessions against the 19 500 target

Terminally ill offenders resulted in focus being on medical parole – audit done

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PROGRAMME : CARE

Reasons for Major Variances Social Work Services: Target of 101 000 sessions

exceeded due to commitment of personnel and involvement of external service providers in service delivery

Spiritual Care: Actual achievement of 168 784 exceeded target of 166 000 sessions, due to appointment of seven new Chaplains in Regions and training of Spiritual Care Staff on policies, procedures and services level standards

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PROGRAMME : CARE

Reasons for Major Variances Psychological Services: Target of 10 500 offenders

seen by psychologists not achieved due to resource constraints - number of psychologists dropped from 33 in April 2008 to 22 in March 2009o Six resignationso Five completion of community service

Health Care Services: Health survey not conducted -financial constraints

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PROGRAMME : DEVELOPMENT

15130 offenders participated in Formal education programmes against target of 22 000

108887 offenders participated in SRAC programme against target of 116 600

Total national enrollment per subject on the new curriculum – National Certificate (Vocational) – 5 730

Offenders utilized in Production Workshops April 08 - Feb 09 - on average 1834 offenders per day - decrease of 33,1% on May 2005 baseline of 2 74

Agriculture - average of 2 960 offenders per day April 08 - Feb 09 - increase of 19,7% over the baseline of 2 471 of May 2005

Generated cash income from sales of superfluous agriculture and production workshop products for 08/09 financial - R3 330 684 (124,44% of the baseline)

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Reasons for Major Variances Wood and steel workshops exceeded targets -

operational managers registered low needs during the needs registration process - caused large quantities of unscheduled work

Attainment of the egg production - problems with supply of lay hens solved - units were stocked according to their capacities

Decrease in number of offenders utilized in production workshops caused by vacant artisans posts

Bakery at Baviaanspoort not functioning during financial year due to upgrading and problems experienced with purchasing of electrical cable

Vegetable production negatively influenced by excessive autumn rains in summer rainfall areas as well as abnormal winter rains in Western Cape

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Reasons for Major Variances Broiler production adversely affected - Zonderwater

broiler project not successful in obtaining tender for supply of day old broilers - tender only finalized in November 2008

Funds shortage - Processable Materials, Plant Production and Animal Production

Problems experienced on operational level with the implementation of LOGIS (the new logistics system) - impacted negatively on provisioning of raw materials/production inputs

Fertilizers, seeds, pesticides and vaccines could not be procured timeously - impacted on production

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Reasons for Major Variances National Curriculum Statement (NCS) resulted in

decrease in enrolment figures - DCS Centres do not meet the requirement as set by the DoE as full time schools

Migration of educators from DCS to DoE due to salary imbalances - impacted on DCS human resource capacity especially Mathematics and Physical Science

Number of learners enrolled for Higher Education and Training decreased - financial constraints - learners do not have financial aid or bursaries

Relocation of offenders resulted in a large drop out rate - many could not write final examinations

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Reasons for Major Variances

Target for Sport, Recreation, Arts and Culture (SRAC) not achieved - under reporting by regions - shortage of SRAC personnel - lack of skilled personnel - shortage of funds - SRAC programmes performed as ad hoc tasks - lack of infrastructure

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INTEGRATED AND CO-ORDINATED JUSTICE CLUSTER PROGRAMMES

Justice Crime Prevention and Security Cluster (JCPS)

Implementing an integrated National CJS Information System (IT infrastructure and national database) to facilitate more informed strategies, plans and decision-making

Managing levels of awaiting trial detainees (ATD’s) through Integrated Justice System Case Management Task Team & Inter-Sectoral Committee on Child Justice

Form part of the secretariat of the Office for the Criminal Justice System Review (OCJSR)

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REGIONAL SPECIFIC ISSUES Western Cape – Manning of Control Rooms

Gauteng – Cable theft

KZN – Unnatural death of offenders as a result of beatings - Increase in gang activities - Overcrowding

LMN – Water supply to some Correctional Centres (Thohoyandou)

Eastern Cape – State of facilities – in particular in former Transkei

Free State / Northern Cape – Appointment of Parole Board Chairpersons

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CONCLUSION 2008/09 financial year posed number of challenges to

Department:

o Overcrowding of correctional centers - impacts negatively on service delivery

o Down management of remand detaineeso Lack of stability at senior management levelo Medical Parole

Department tried to deal with these challenges as effective as resources allowed it to do

Amidst challenges – also successes:

o Continuous down management of escapes (65 in 08/09; 79 in 07/08)

o Significant improvement in delivery of social work services to offenders

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Together doing more to break cycle of crime

department of correctional services annual report 2008-09 select committee 04 november 2009

Documents

cases investigated46

dismissed4 cases

progress350 officials

audit report

national department

gender forum

national treasuryosd

matters of qualifications