Building a caring correctional system that truly belongs to all

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IMPLEMENTATION 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
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PURPOSE

• 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

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BACKGROUND

• 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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SUMMARY 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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STATUS 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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• 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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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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• 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

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STATUS 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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STATUS 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

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STATUS 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.

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STATUS 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.

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STATUS 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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STATUS 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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STATUS 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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STATUS 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)

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STATUS 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)

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CONCLUSION

• 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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Thank you An age of hope, a national
effort for corrections, rehabilitation social
integration
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