Title: Building a caring correctional system that truly belongs to all
1IMPLEMENTATION OF RECOMMENDATIONS OF FINAL
REPORT OF JALI COMMISSION OF INQUIRY Presentatio
n to Portfolio Committee 2006-10-17
Building a caring correctional system that truly
belongs to all
1
2PURPOSE
- Purpose of Presentation provide feedback to
Portfolio Committee on work done by DCS in
dealing with final report of Jali Commission of
Inquiry since first presentation on 20 June 2006 - Format of Presentation
- Background
- Summary Of Departmental Processes
- Status Implementation Of Recommendations On
Systems Policies - Status Implementation Of Recommendations On
Misconduct Matters - Conclusion
3
3BACKGROUND
- Previous Presentation focused on
- Commissions terms of reference
- Duration cost of Commission
- Structure of Commissions report
- Management Areas on which Commission conducted
investigations - Broad overview on work done regarding systems
policies - Progress made on implementation of interim
reports regarding misconduct matters
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4SUMMARY OF DEPARTMENTAL PROCESSES
- Final report received by Office of President in
Dec 2005 - Report received by Department in March 2006
- DCS Task Team constituted to analyze summarize
report for Management - Establishment of Centralised Departmental Task
Team to deal with outstanding disciplinary cases. - Branches dealing with finalize issues relating
to systems policies. - Quarterly reports to be provided to Commissioner
Minister on progress made in dealing with
matter w.e.f 30 September 2006, with letter to
President on progress made. - Matter prioritized as project for reporting in
terms of Government Programme of Action.
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5STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
- HISTORICAL BACKGROUND
- Strategies undertaken to lay a foundation for
transformation - Undue Union influence appointment -Most Managers
no longer in Department - Remarkable progress made in attracting
external skills - Disciplinary Code recently amended to ensure
effectiveness
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6- TRADE UNIONISM
- Separate Bargaining Unit for Senior Management
investigated by DPSA Salary matters already
dealt with separately - Professional association for Senior Management
also being investigated by DPSA - Discrepancy between Agency shop agreement fee
Labour Relations Act addressed - Relationship Building by Objectives (RBO)s
- Ministerial Labour Consultative Forum
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7- CORRECTIONAL CENTRE GANGSTERISM
- Need for effective strategy identified in new
White Paper on Corrections - Strategy currently under development
- Policy makes provision for classification
separation of offenders - Protection Plan provides for separation of
different risk categories - Offender Rehabilitation Path makes provision for
profiling of offenders - Involvement of officials in promotion of gang
activities is a serious offence
8- 4. RECRUITMENT / MERIT AWARD IRREGULARITIES
- Public Service Act Regulations entrust Minister
an accounting officer with authority relating
recruitment - Recruitment process partly outsourced
- Recruitment policy procedures in process of
being consolidated - Internal controls put in place for proper
management of merit awards
9- CORRECTIONAL CENTRE SECURITY
- Installation of technology part of Correctional
Centre upgrading as well as new generation
centers - Offender Rehabilitation Path makes provision for
profiling categorization of offenders - Security awareness part of Basic training
refresher training - Reward system for both offenders officials in
place - Ethics anti-corruption course developed
implemented
10- TREATMENT DETENTION OF OFFENDERS IN
ISOLATION C-MAX INCLUDING NUTRITION - New offender disciplinary code consistent with
human rights principles of natural justice - Chairpersons of offender tribunals trained in
new Code - Detention in single cells should be consistent
with principles of natural justice (procedural
fairness) - Measures put in place to implement three meal
system
11- SEXUAL VIOLENCE AGAINTS INMATES IN CORRECTIONAL
CENTRES - Human Rights training part of Basis training
modules - Profiling categorization will assist in
separation protection of vulnerable (ORP) - Rape protocol procedures have been developed
- Sexual offences treatment program is being
designed - Protection Plan aimed at prevention sexual
assaults. - Operational agreement with Centre for Study of
Violence Reconciliation to conduct survey on
sexual violence
12- PLACEMENT OF OFFENDERS ON PAROLE
- New Act has transformed structure composition
of Parole Board to ensure accountability - 52 New Correctional Supervision Parole Boards
in place - Parole Board decisions subject to review by a
Parole Review Board - Parole Boards guidelines consistent with
Promotion of Administrative Justice Act to ensure
fair accountable decisions - Restrictions placed on medical Parole aimed at
ensuring safety of community victims
13- CONVERSION OF SENTENCES OF IMPRISONMENT INTO
CORRECTIONAL SUPERVISON - Survey conducted at request of Minister to
determine backlog - No need for amendment of section 276A of
Criminal Procedure Act as section 299A of Act
makes provision for involvement of victims in
Parole Hearings - POWERS FUNCTIONS OF JUDICIAL INSPECTORATE OF
PRISONS - Independent statutory body not subject to DCS
control - Independent Prison Visitors may report
corruption matters for further investigation - No need to amend Act at this stage
14- PRISON OMBUDSMAN
- DCS has internal investigative capacity in line
with Cabinet decision - Departmental Investigation Unit centralized to
ensure impartiality - DCS signed a Memorandum of Understanding with
SAPS, SIU DSO for Mutual Support - No need for an additional agency
15- OVERCROWDING
- Identified as JCPS priority since 2002
- Interdepartmental Task Team established
- Research project underway on offender
projection model - Overcrowding monitored in Risk Management
Committee - All Regions have Risk Mitigation Plans on
overcrowding - Approval of amnesty is Presidential prerogative
(section 84 of Constitution) - Correctional Services Act provides statutory
measures (section 62(f), 63A 81) - Management of Remand Detention Project
16- ABUSE OF POWER BY SENIOR OFFICIALS
- DCS employment equity Policy currently undergoing
intensive review development - Comprehensive training to be conducted upon
completion of current policy review. - DISCIPLINARY ENQUIRIES
- DCS Disciplinary Code Procedures recently
subjected to intensive review - Chairpersons Initiators undergoing training on
a continuous basis to enhance compliance with
Labour Law principles - Enforcement of discipline considered as
management line function cannot be outsourced
17- 15. OVERTIME POLICY
- In line with PSC recommendations on overtime, DCS
decided to migrate to 7 day working week
establishment - Agreement concluded in 2005 with recognized
Unions for phasing in of 7 day establishment - Three Recruitment Agencies contracted to expedite
recruitment process. - Overtime currently managed in a responsible
manner - 16. PROCUREMENT LOGISTICS
- Policies procedures extensively reviewed to
enhance internal controls - Components continuously subjected to internal
auditing inspection to monitor compliance - Meetings held on a continuous basis between
National office functionaries Regional Heads
Finance Supply Chain Management to raise
policy awareness
18- CORRECTIONAL CENTRE WORKSHOPS STOCK CONTROL
SYSTEM - Policy procedures have been reviewed to
enhance internal controls - Workshop computer system password protected
- Component continuously subjected to internal
auditing inspection to monitor compliance - Monitoring evaluation visits conducted by
National office
19- IMPLEMENTATION OF PREVIOUS INVESTIGATION INTO
DEPARTMENT - Thrust of PSC DPSA reports mainly on
irregularities relating to recruitment,
promotions, merit awards, overtime abuse of
power including fraud corruption regarding
procurement matters - Current interventions measures cover both
Commissions as well as PSC DPSA proposals on
these matters - Departmental Investigation Unit responsible for
coordination, management keeping of data
relating to investigations - A system has been developed for management of all
information relating to corruption cases
20- IMPLEMENTATION OF COMMISSIONS INTERIM REPORTS
- Commissions request for outsourcing of
disciplinary hearings in contravention of
Bargaining Chamber Agreement - DCS from time to time source services of
external people with regard to senior management
cases - Concern relating to implementation of 8th
interim report not founded - All officials (nurses) referred to in report
resigned before commencement of disciplinary
hearings - Matter only referred to Nursing
Council for further handling -
21STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Department started to analyze different cases
whilst simultaneously assessing capacity needed
to deal with cases from 26 June 2006. - Team of 20 members from different Regions was
assembled. - A centralized team not representing specific
region - Members of Team convened at different stages.
- Budget process took place simultaneously.
- Projections - R 1,5 mil. 2006/07
- - R 2 mil. 2007/08
- R 500 000.00 allocated
- Expenditure to date R 330 000.00
- (venues / accommodation / ST claims)
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22STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Process followed by team
- Different sub-teams focused on particular
management areas as per terms of reference
where alleged misconduct took place - Pretoria
- Johannesburg
- Ncome
- Pietermaritzburg
- Durban / Westville
- Pollsmoor
- St Albans
- Middledrift
11
23STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Documentation
- Jali Reports (Executive Summary 5 Volumes
3500 pages) - Transcription of all hearings plus exhibits
95000 pages - Groups had to analyse
- Report
- Select relevant part of transcription exhibits
- Formulate a report to indicate
- What evidence is available
- Are witnesses still available
- Where are members witnesses stationed
- Whether further investigation needed.
12
24STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Prepared 48 investigation reports implicating 109
members. (7 SMS members included) - 7
investigations still ongoing - Initial report indicated 125 members implicated
but after scrutiny of documentation certain
cases could not be persued due to lack of
evidence / witnesses deceased/ untraceable - In terms of Resolution 24/1997 (Disciplinary Code
Procedure) members implicated must be afforded
opportunity to reply to allegations. In some
cases Resolution 1/2001 will be applicable with
same provisions.
13
25STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
All these members were served with letters in
this regard. - Letters indicating allegations
against them applying audi alteram partem rule -
reason being that members chose not to appear
before Commission their versions are not
available - Process now followed is finalization
of internal investigation In all cases
Commission recommended suspension. - Suspensions
considered in view of recommendations only 12
members potentially qualified - After
consideration of their responses one member was
suspended
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26STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Current Process
- Serving of charges on implicated members.
- - task team members will as from 10/10/2006
serve charge sheets on implicated members - - Hearings will be scheduled depending on
schedule of parties involved - Appointment of chairpersons (18 members
identified) - - SMS members hearings will be chaired by GPSSBC
Commissioners
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27STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Disciplinary hearings already commenced
- Medcor Fraud 701 members implicated
- DCS received 120 files from DSO
- Charged internally 96 (others passed away /
resigned / medically boarded) 4 hearings two
dismissed 94 pending in 2 hearings - Anticipated timeframes to finalize hearings
November 2007.
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28STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Problem Areas / Disciplinary Process
- Most of alleged misconduct relates to period
prior to 2001 - Resolution 24/1997 states that employer should
finalize an investigation within 14 days
finalize a disciplinary hearing within 30 days
thereafter - Jali Commission hearings are exceptional
Department will rely on case law to address this
area - Availability of witnesses (Deceased / Resigned /
Released from correctional system)
19
29STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
- Reporting to External Agencies -
- Reports where members are implicated in criminal
activities were forwarded to NDPP - Medcor fraud cases (120) DPP KZN
- Criminally charged in groups of four (4)
- Two found guilty fine suspended incarceration
- Others already criminally charged with different
dates of hearing commencing in 2007 - Professional bodies were already informed of
misconduct of professionals (e.g. nurses)
20
30CONCLUSION
- Work relating to systems policies has been
concluded. Continuous monitoring evaluation is
what needs to be done. - Next report to Portfolio Committee will only
focus on progress made on current disciplinary
criminal cases.
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31 Thank you An age of hope, a national
effort for corrections, rehabilitation social
integration
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