Contact us:
Private Bag x9177
Cape Town
8000
+2721 421 1012/3/4
E-Mail : Gideon Morris

Hits for this page 10514

CONTENTS

Annual report for the period 1 January 2001 to 31 March 2002
Submitted to Mr. Thabo Mbeki,
President of the Republic of South Africa
and
Mr. Ben Skosana, Minister of Correctional Services
by
the Inspecting Judge
J J Fagan
in compliance with the provisions of section 90(4) of the
Correctional Services Act 111 of 1998.

JUDICIAL INSPECTORATE OF PRISONS
PRIVATE BAG X9177
CAPE TOWN
8000
TEL: (021) 421-1012/3/4/5/6
FAX: (021) 418-1069
WEB SITE: http://judicialinsp.pwv.gov.za 

1. INTRODUCTION BY THE INSPECTING JUDGE.

The Judicial Inspectorate of Prisons has been mandated by Parliament to monitor and report on the treatment of prisoners in prison and the conditions in prisons. It gathers information from visits to prisons by the independent prison visitors, by its staff, by judges of the High Court and from members of the public and NGO’s. It also strives to improve the conditions of prisoners.

The independence of the Judicial Inspectorate is vital to the performance of its tasks. It jealously guards such independence in its continual interaction with members of the Department of Correctional Services and other State Departments.

Having said that, it is incumbent on me on behalf of the independent prison visitors, the staff of the Judicial Inspectorate and myself to express sincere thanks for the unfailing co-operation and courtesy received from the Department of Correctional Services.

The ability of the Judicial Inspectorate to monitor prisons was considerably enhanced during the period. On 1 January 2001 there were 117 independent prison visitors (IPV’s) working in 106 prisons in 3 provinces (Gauteng, Free State and Western Cape). On 31 March 2002 there were 183 IPV’s working in 184 prisons in 8 provinces. (The appointments in the remaining province, Eastern Cape, are scheduled for May 2002). Judges inspected 33 prisons compared to 9 in the year 2000. Our staff and I visited numerous prisons, including the two new private prisons, Mangaung in Bloemfontein and Kutama Sinthumule in Louis Trichardt and the new Devon Pre-Release Centre near Springs.

The impression gained by the Judicial Inspectorate is that the period was a good one for Correctional Services. The morale of staff has improved. Since 1 August there has been a permanent Commissioner, Mr Linda Mti, to give direction. For the first time in many years the total prison population has hardly increased while more prison space has become available.

Various amendments to the Correctional Services Act 111 of 1998 were effected so that the Act is now ready for promulgation in full. The year 2001 ended on a high note with the launch of the Restorative Justice Approach aimed at reconciliation of offenders and the community, an approach already successfully used in some juvenile diversion programmes.

Overcrowding caused by the excessive numbers of awaiting-trial prisoners remains a major problem. The effect of progressive new legislation and innovative measures, also in the Police and Justice sectors, should considerably help in reducing the numbers in the year 2002.

The Department of Correctional Services deserves to be complimented on the progress it has made towards fulfilling its vision of providing an excellent service. 

                                                                                                                                                                               

 

JJ FAGAN
INSPECTING JUDGE OF PRISONS
31 MARCH 2002


2. STATUTORY MANDATE.
Section 85 of the Correctional Services Act 111 of 1998 states that: “(1) The Judicial Inspectorate of Prisons is an independent office under the control of the Inspecting Judge. (2) The object of the Judicial Inspectorate is to facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prison and on conditions in prisons.”

3. VISION.

To ensure that all prisoners are detained under humane conditions, treated with human dignity and prepared for re-integration into the community.

4. MISSION.

•	To conduct independent, efficient and effective monitoring of conditions in prisons and the treatment of prisoners.
•	To foster partnerships with the community and other stakeholders to promote the humane treatment of prisoners and their re-integration into the community.

5. ORGANIZATIONAL OBJECTIVES.

As a young developing organization, it is necessary to review the organizational objectives on a regular basis, given our experiences over the period of time and the inputs received form various role-players. The Judicial Inspectorate focused on the following objectives during the period under review:

•	Overcrowding in our prisons continue to seriously hamper the efforts of the Department of Correctional Services to give effect to its statutory responsibility, namely to detain all prisoners under humane conditions. The Judicial Inspectorate was and continues to be involved in various initiatives to reduce the number of prisoners incarcerated in our prisons.
•	The appointment of Independent Prison Visitors in all prisons in South Africa to visit prisons regularly, to interview prisoners and to record complaints from prisoners.
•	Dealing with unresolved prisoners’ complaints, which were received mainly from Independent Prison Visitors.
•	The development of an electronic reporting system for Independent Prison Visitors and Heads of Prisons to submit reports to the Inspecting Judge.

6. ORGANIZATIONAL STRUCTURE.
 
                                                           

6.1 APPROVED ESTABLISHMENT.

6.1 STAFF COMPLIMENT.

The staff compliment of the Judicial Inspectorate must in compliance with the provisions of section 89 of the Correctional Services Act be determined by the Inspecting Judge in consultation with the Commissioner of Correctional Services.

As of 31 March 2002 the approved post establishment of the Judicial Inspectorate provided for the following staff to be appointed.

Post Level	Number of posts	Salary level
Director (SMS)	1	Level 13
Deputy directors	2	Level 11
Assistant directors	4	Level 9
Inspectors/Case officers	10	Level 8
Admin. Support staff	10	Levels 7 and lower

Judicial Inspectorate members of staff


Only one position on salary level 2 was vacant on 31 March 2002.

A total of nine persons were appointed additional to the approved establishment on a contractual basis in terms of the provisions of section 90 of the Correctional Services Act (this excludes the 183 Independent Prison Visitors).

The nine persons (6 on salary level 8 and 3 on salary level 3) are employed on a fixed term contract pending the approval of additional posts.

6.1.2 JOB EVALUATION.

The members of staff of the Judicial Inspectorate are appointed in terms of the Correctional Services Act and are “for administrative purposes” regarded as correctional officials. The CORE for correctional officials therefore also applies to them.

During the 2001/2002 financial year a total of 20 posts were subjected to the process of job evaluation. No posts were upgraded or downgraded as a result of job evaluation.

There are no employees whose remuneration exceeds the grading determined by job evaluation.

6.1.3 REMUNERATION.

The personnel costs comprise mainly the salaries of members of staff appointed by the Inspecting Judge in terms of the provisions of section 89 of the Correctional Services Act and the remuneration paid to Independent Prison Visitors. The Independent Prison Visitors are appointed as independent contractors on a fixed term contract for a period of time of one year in compliance with section 92 of the Correctional Services Act. They are remunerated at a rate of R38.65 per hour.

The cost of senior management amounted to 7.7% of the total personnel cost.



7. PROGRESS REPORT ON THE ACHIEVEMENT OF ORGANIZATIONAL OBJECTIVES.

7.1 OVERCROWDING.
7.1.1 TOO MANY PRISONERS.

There are far too many prisoners in our prisons. 175 290 prisoners (as at 31 December 2001) means 4 persons out of every 1000 South Africans are in prison. If compared to the United Kingdom’s ratio of 1 ¼ per 1000 (and two-thirds of the world’s countries at below 1½ per 1000), we must make a concerted effort to reduce our prisoner numbers. We do not need more prisons, we need less prisoners.

7.1.2 CAUSED BY AWAITING-TRIALISTS.

Almost a third of our prisoners (55 285) are awaiting trial, many for years. And of those awaiting trial, almost 40% (20 692 as at 23 January 2002) are in prison only because of poverty. Each one of those 20 692 accused persons was found by a magistrate to pose no threat to the community should he/she await his/her trial outside prison. In each case bail was fixed in amounts from under R50 upwards.

Because those 20 692 prisoners could not afford to pay their bail amounts, they are in prison. They just sit idly without receiving instruction or attending courses, wasting their lives. Besides losing their employment or schooling, the cost to the State is enormous. At R94.16 per day per prisoner, those 20 692 prisoners are costing almost R2m per day to keep behind bars. The social cost of locking up those persons, who are all in law presumed to be innocent, and of whom about 35 % only will be convicted, in what has been referred to as “universities of crime”, is inestimable.

7.1.3 AWARENESS.

Overcrowding leads to major problems including restricted living space, poor conditions of sanitation and personal hygiene, spread of disease, little outdoor exercise, unsatisfactory food, inadequate health care, more tension and violence.

The media played a significant role during the year to create awareness of the overcrowding problem in prisons. The open door policy of the Department of Correctional Services led to extensive TV, radio, newspaper and magazine coverage. “The Cage of Dreams” produced at Pollsmoor Prison was seen by millions on TV. Overcrowding was discussed in Parliament and referred to by the Minister of Correctional Services in speeches. On International Human Rights Day on 10 December groups of attorneys visited 12 major prisons around the country and witnessed the overcrowding. This office was also involved in TV and radio interviews, addresses to meetings as well as magazine articles.

7.1.4 IMPROVEMENT IN 2001.

During the year the number of awaiting-trial prisoners continued to decline (from 57 695 in January to 55 285 in December). The statistics show that for the first time since 1995 the average number of unsentenced prisoners in custody has decreased compared to the previous year. The number of sentenced prisoners has during the year 2001 risen from 110 074 to 120 005, which indicates the courts were functioning well. The total number of prisoners rose from 167 749 to 175 290, but shows a levelling off if taken back to April 2000.



7.1.5 POSITIVE STEPS TO REDUCE OVERCROWDING.

On 23 March 2001 section 15 of the Judicial Matters Amendment Act 62 of 2000 came into operation. It empowered the police to release on bail at a police station a person arrested for theft of an article up to R2 500 in value (formerly R200) or when found with dagga up to 115 grams (formerly not at all). This legislation has since been well used by the South African Police Service.

Numerous steps have been taken by the Department of Justice and Constitutional Development to expedite trials, inter alia Saturday courts; continued co-operation with Business Against Crime in the Integrated Justice System Programme and more particularly its Awaiting Trial Prisoner Project; opening of new Justice Centres; and opening of courts in two more prisons.

The Department of Correctional Services on its own and in collaboration with the South African Police Service and the Department of Justice and Constitutional Development has introduced measures to reduce delays, inter alia in 10 large prisons electronic tracking of prisoners to ensure their attendance at court hearings and greater use of placement of accused persons awaiting trial under the supervision of correctional officials.

The new Mangaung (private) prison at Bloemfontein with accommodation for 2 928 prisoners opened on 2 July while the new Kutama Sinthumule (private) prison at Louis Trichardt started receiving its 3 024 prisoners in February 2002. Ebongweni High Security prison at Kokstad with accommodation for 1 536 prisoners is opening shortly, together with the nearby Medium prison for 294 prisoners.

Legislative amendments enacted by Parliament and published in December 2001 should have a significant effect in reducing the prison population as also the introduction of the Automated Fingerprint Identification System (AFIS) early in 2002.

7.1.6 LEGISLATIVE AMENDMENTS.

Release of awaiting-trial prisoners on account of prison conditions is provided for in section 63A of the Criminal Procedure Act 51 of 1977 (inserted by the Judicial Matters Amendment Act 42 of 2001). Should a head of prison be satisfied that overcrowding is constituting a material and imminent threat to the human dignity, physical health or safety of awaiting-trial prisoners who were granted bail but were unable to pay it, he can apply to the magistrate's court for the release of the prisoners on warning in lieu of bail or on new bail conditions. Prisoners charged with serious offences such as murder and rape cannot be considered for release. The consent of the prosecuting authority is also required. A magistrate in chambers may consider such an application.

The first applications under section 63A were successful in obtaining the release of 62 prisoners from Pollsmoor Prison in March 2002. Further applications are to be made starting at the most overcrowded prisons such as Johannesburg Medium A designed for 2 630 prisoners but holding 7 253 on 31 December 2001.

Plea-bargaining was introduced by the insertion of section 105A in the Criminal Procedure Act 51 of 1977 (by the Criminal Procedure Second Amendment Act 62 of 2001). That will allow accused persons through their legal representatives to negotiate with prosecutors and to agree on a plea of guilty and an appropriate sentence. Subject to certain safeguards, the court may then convict and sentence the accused without the necessity of a trial.

7.1.7 OTHER MEASURES.

Thanks for the reduction in the number of awaiting-trial prisoners during the year 2001, are due to: -

•	The Media for informing the public of the dire conditions in prisons caused by overcrowding;
•	The NGO’s and the members of the public for helping in the awareness campaign;
•	The Police for using their extended powers to give bail for drug offences and theft of articles up to R2 500 in value;
•	The Prosecutors for greater use of diversion, admissions of guilt, withdrawal of weak and trivial cases and expediting trials of those in prison;
•	The Magistrates for sitting extra hours and on Saturdays; for setting affordable bail; for more placements under supervision of correctional officials and for greater use of community based sentences;
•	The Department of Correctional Services for helping awaiting-trial prisoners to obtain bail money or be released under supervision, for converting sentences of unaffordable fines to correctional supervision and for assisting so greatly in creating public awareness.
	In pursuance of the aim of reducing the number of awaiting-trial prisoners from the present 55 285 to at most 20 000, the following suggestions might be helpful:- (i)  More pre-trial diversion especially for juveniles; (ii)    Increased use by police of their powers to release arrested persons on bail; (iii)    Wider use by prosecutors and clerks of the court of the procedure of admission of guilt and payment of a fine without a court appearance; (iv)      More assistance by investigating officers to prosecutors to enable them to place adequate information before the courts for determining whether it is necessary for accused to be detained pending trial; (v)    Extensive use of plea bargaining in all types of cases so as to expedite matters; (vi)          Greater use by courts of alternatives to imprisonment for those awaiting trial viz. release on warning; bail in an affordable amount; placement under supervision of a correctional official; electronic monitoring (when it is introduced); children (under 18 years) to be placed in the care of parents or guardians or held in places of safety; (vii)  Courts on remand dates to consider alternatives to further imprisonment; (viii)    Cases of awaiting-trial prisoners to be given preference over those of accused awaiting trial outside prison; (ix)      Consideration to be given to ways of expediting trials of awaiting-trial prisoners for example additional presiding officers and prosecutors, additional courts and Saturday courts. (x)      Withdrawal by prosecutors of trivial cases, weak cases and cases where accused had been awaiting trial for long periods. A withdrawn case can always be reopened. (xi)      Heads of prison to be encouraged to apply for the release of awaiting–trial prisoners in terms of section 63A of the Criminal Procedure Act 51 of 1977 when conditions caused by overcrowding become intolerable.

7.1.8 SENTENCED PRISONERS.

In pursuance of the aim of reducing the total number of sentenced prisoners from the present 120 005 to at most 100 000, the following should be encouraged:-

(i)

Use of diversion, not only for juveniles;

(ii)

Use of non-custodial sentences viz. (a)         Postponed sentences with or without the conditions set out in section 297 (1)(a)(i) of the Criminal Procedure Act 51 of 1977 e.g. compensation to the victim in money or service, community service and submission to instruction or treatment; (b)   Suspended sentences with or without conditions; (c)     Discharge with a reprimand (the conviction is recorded as a previous conviction); (d)   Affordable fines; (e)   Community based sentences under correctional supervision; (f)     For juveniles, placement in the custody of a suitable person and/or under supervision of a probation officer or correctional officials; (g)     Periodical imprisonment for a certain number of hours to be served over weekends (section 285 of Act 51 of 1977); (h)       In cases of a fine with alternative imprisonment and the fine is not paid, immediate release by the Commissioner under correctional supervision (section 287(4)(a) of Act 51 of 1977); (i)       Applications to court by the Commissioner for conversion of sentences of imprisonment into correctional supervision or another non-custodial sentence (section 276A(3) of Act 51 of 1977); (j)   Increased use of parole.

Should the target of a total of 120 000 prisoners (100 000 sentenced and 20 000 awaiting trial) be reached, we will have 2/3 prisoners per 1 000 inhabitants. It will still be very high by world standards but at least much better than our present ratio of 4 persons out of every 1 000 South Africans in prison.

7.2 APPOINTMENT OF INDEPENDENT PRISON VISITORS(IPV's).

7.2.1 BACKGROUND.

The Inspecting Judge in terms of the provisions of section 92 of the Correctional Services Act, appoints Independent Prison Visitors at the various prisons throughout South Africa.

Independent Prison Visitors are lay persons in the field of prisoners’ rights who have been identified, through a process of publicly calling for nominations and consulting with community organizations, as people who are interested in the promotion of the social responsibility and human development of prisoners.

The primary functions of Independent Prison Visitors are to deal with the complaints of prisoners by:

•	Regular visits to the prison;
•	Interviewing prisoners in private;
•	Recording complaints in an official diary and monitoring the manner in which they have been dealt with; and
•	Discussing complaints with the Head of Prison, or relevant subordinate correctional official, with a view to resolving issues internally.

7.2.2 APPOINTMENTS.

Public nominations were received for a total of 4 153 persons who were interested to be appointed as Independent Prison Visitors. All nomination forms were considered and graded according to the competencies of the candidates. As on 31 March 2002, 189 Independent Prison Visitors had been appointed and were deployed as follows:-

Gauteng	47 IPV's
Free State	29 IPV's
Kwazulu/Natal	29 IPV's
Mpumalanga	17 IPV's
North West	19 IPV's
Western Cape	31 IPV's
Limpopo	6 IPV's
Northern Cape	11 IPV's

The selection process of persons who were nominated to be appointed as Independent Prison Visitors is based on amongst other the following competencies:

•	Ability to communicate with prisoners in their preferred language.
•	Current and previous community involvement.
•	Qualifications and experience.

The need to create work opportunities to those unemployed is also strongly considered in the selection process.

The Judicial Inspectorate has publicly called for nominations for the appointment of Independent Prison Visitors in the Eastern Cape. As on 31 March 2002, 3 124 nominations had been received and are currently being considered. The appointment of Independent Prison Visitors in the Eastern Cape is scheduled to be completed by June 2002 and will complete the process of appointing Independent Prison Visitors in all prisons nationally.

The following map provides an indication of the places where IPV’s have been appointed. The “blue and yellow” dots indicate the prisons where IPV’s have been appointed and the “green” dots indicate the places where IPV’s have not yet been appointed. The “white” dots indicate prisons with a population of less than 100 prisoners. IPV’s have not been appointed to such prisons.

7.3 DEALING WITH PRISONERS' COMPLAINTS.

7.3.1 NUMBER AND NATURE OF COMPLAINTS.

Prison is an unnatural environment where people with diverse personalities are placed together. It is therefore understandable that the uncertainty amongst prisoners, which stems from imprisonment, will lead to a situation in which many complaints will arise.

An effective procedure to address complaints of prisoners can be regarded as an important tool in promoting a human rights culture in prisons, whereby a peaceful and satisfied prison population can be maintained.

The Judicial Inspectorate of Prisons has been given extensive powers by the Legislature including access to any prison or document with the objective to independently monitor the treatment of prisoners in prisons and the conditions in prisons. It has established a network of Independent Prison Visitors who visit most prisons in South Africa on a regular basis.

The IPV’s have the statutory mandate to interview prisoners and to record their complaints. Unresolved prisoner complaints are submitted to the Inspecting Judge to monitor that such complaints are dealt with in a fair and just manner. The reports received from IPV’s provide valuable information to the Inspecting Judge regarding the humane treatment of prisoners and prevailing conditions in prisons. This information enables the Inspecting Judge to give effect to the provisions of section 85 of the Correctional Services Act, namely to monitor and report on the conditions in prisons and the treatment of prisoners in prison.

During the year 2001 the Independent Prison Visitors collectively paid 4 567 visits to the various prisons during which they privately consulted with 33 783 prisoners. During these consultations and visits they received a total of 123 456 complaints from prisoners.

In addition to the complaints which were received by the Independent Prison Visitors the Judicial Inspectorate also received 4 536 written complaints.

The complaints and reports submitted to the Judicial Inspectorate via the IPV’s provide important information about the number and nature of complaints that exist at a particular prison in order to identify trends that may exist on human rights abuses.

The vast majority of prisoner complaints were resolved between the Head of Prison and the Independent Prison Visitor. Unresolved complaints are submitted to Visitors Committees who must in terms of the provisions of section 94 of the Correctional Services Act consider such unresolved complaints with a view to their resolution and submit to the Inspecting Judge those complaints which the Committee cannot resolve.

The Judicial Inspectorate is in the process of increasing the capacity of its legal department to enable it to deal with the unresolved complaints that are submitted to the Inspecting Judge. Such complaints in many cases concern the abuse of the human rights of prisoners and although such abuses mostly take place between prisoners and not correctional official on prisoner, it warrants proper consideration and continued efforts to make prisoners and correctional officials aware of the need to respect and protect the rights of all persons.

7.3.2 DEATHS IN PRISON.

Whilst the number of “unnatural” deaths, i.e. deaths due to violence etc, has remained low, the number of “natural” deaths continued to increase rapidly. The “natural” deaths appear to be caused mostly by HIV/AIDS. The following graph illustrates the rapid increase in the number of natural deaths that occurred in prisons since 1995:



The number of HIV/AIDS related deaths in prison is to a certain extent due to the overcrowding of the prisoners, but is mainly a reflection of the pandemic outside prison. The conditions in the overcrowded prisons are not conducive to longevity of those that are HIV+. Lack of fresh air, lack of exercise and high stress levels are relevant factors in this regard.

It is not only sentenced prisoners who are dying. Awaiting-trial prisoners are also dying. Prisoners diagnosed as being in the final phase of a terminal disease may be released to die a consolatory and dignified death at home. Section 79 of the Correctional Services Act which provides for such release, omits reference to awaiting-trial prisoners. Substitution of the words, “Any prisoner” for the words “Any person serving any sentence in a prison and” in section 79 is called for.

7.3.3 HEALTH CARE.

As will be seen from the graph of complaints received from prisoners, health care is no longer the prisoners’ main grievance. Such complaints as are received are mostly requests for medical treatment.

Reports from Judges, Medical Practitioners who work in prisons and IPV’s indicate considerable discrepancy in the standards of health care from prison to prison. While prisons with manageable numbers of prisoners are coping, those with severe overcrowding and inadequate sanitary and ablution facilities have to do battle with infestations of fleas, lice and scabies and the spread of contagious diseases such as TB and HIV/AIDS. Overcrowding remains the root cause of the health problems and, as pointed out earlier, the root cause of the overcrowding in turn is the totally unacceptable number of awaiting-trial prisoners.

During the year, Dr Barry L. Cohen, a retired dentist, did a survey of the dental facilities in the 42 prisons of the Western Cape. It is proposed to do an assessment of the oral health services and needs of prison inmates countrywide.

The South African Medical Association is considering the possible allocation of community service doctors and dentists to work in prisons under the supervision of prison medical officers.

7.4 THE DEVELOPMENT OF AN ELECTRONIC REPORTING SYSTEM.

The Inspecting Judge of Prisons approved the introduction of an electronic reporting system which should be used when Heads of Prisons and IPV’s submit reports to him in terms of the provisions of the Correctional Services Act.

This reporting system is operated fully on the Internet and marks a departure from the conventional fax or letter, which had been used to submit reports to the Inspecting Judge.

Because of this, the Judicial Inspectorate of Prisons decided to implement a pilot project in the Western Cape for the period 1 August to 1 November 2001. The aim of this project was to establish the effectiveness of such an electronic reporting system and to test it before national implementation.

7.4.1 BACKGROUND.

One of the core functions of the Judicial Inspectorate of Prisons is to deal with the complaints of prisoners (Section 93 of the Correctional Services Act).

During the year 2001 more than 120 000 such complaints were received by IPV’s and the Office of the Inspecting Judge. Based on its estimates this number will increase to more than 180 000 complaints in 2002.

In addition to this Heads of Prisons must, in terms of the provisions of the Correctional Services Act, report the following matters to the Inspecting Judge;-

•	Deaths in prison
•	The use of mechanical restraints
•	Cases of segregation and
•	Solitary confinement.

It is estimated that about 40 000 such reports will be received per annum.

The ability of the Judicial Inspectorate to speedily deal with such complaints and reports will not only determine the effectiveness of this office as an organization but will also affect the running of the prisons. For example should a Head of Prison order a prisoner to be placed in solitary confinement such order may only be executed after the Inspecting Judge has confirmed it. Any delay from the Office of the Inspecting Judge could therefore affect the running of the prison.

In terms of the Correctional Services Act the prisoners have been given the right to appeal to the Inspecting Judge against any decision by the Head of Prison in respect of the matters mentioned above. Any decision made by this office regarding complaints and appeals, is subject to judicial review which places a high responsibility on this office to ensure that the decisions made in this respect are based on factually correct information.

7.4.2 ELECTRONIC WORK ENVIRONMENT.

The electronic work environment means that paper reports will be replaced with electronic reports and files and that the office will be operated as a paperless environment in line with the objective of the National Government which was again mentioned in the State of the Nation Address by the President, Mr. Thabo Mbeki, on 8 February 2002.

For this to succeed, it was necessary to develop an electronic workstation which will be accessible to Heads of Prison and IPV’s. The IPV’s operate independently from the Heads of Prison and should not be dependent on the cooperation of the Head of Prison to gain access to the electronic workstation. For this reason the workstation was developed as part of the internet page of the Judicial Inspectorate.

This workstation enables any Head of Prison or IPV in any part of the country to submit his/her reports to the Inspecting Judge via the Internet.

The main benefit of this is that the speed with which reports are dealt with will increase tremendously, ensuring a quality service to Heads of Prison and IPV’s.

The web site address is http://judicialinsp.pwv.gov.za



7.4.3 PILOT PROJECT.

The pilot project started on 1 August 2001 and ended on 1 November 2001. Since then the Judicial Inspectorate continued to operate the electronic workstation and IPV’s are encouraged to use it on a daily basis.

All the IPV’s and Heads of Prison in the Western Cape participated in the pilot project.

Training was provided to HOP’s and IPV’s at the IT training centre at Brandvlei Prison (Worcester). Trainers appointed by the Department of Correctional Services facilitated the training.

Although some of the IPV’s had never before worked on a computer, they all participated and later reported that they enjoyed the training session and could manage the operation of the system which they regard as user friendly.

7.4.4 MONITOR AND REVIEW.

The results obtained during the project were reviewed on a continual basis in order to determine the success of the project, to identify further development needs and to consider the viability of the system on a national basis.

7.4.5 RESULTS OF THE PILOT PROJECT.

Electronic Reports: (Statistical Information as from 15 August 2001.)

•	Total hits to the Web-page: 26 412.
•	Total number of electronic files opened: 5 491
•	Solitary confinement 182
•	Deaths in prison 62
•	Segregation reports 1275
•	Mechanical restraints 7
•	Complaints from prisoners (mostly via IPV) 3965

To date 2 839 case files have been closed.

All Heads of Prison and IPV’s were able to gain access to the necessary computer equipment and the web site.

1 070 electronic payments have been made to IPV’s to the total value of R 1 520 710.64.

Payments captured by the IPV’s directly have increased to about 60% of all payments. This has proved to be a remarkable labour saving system.

7.4.6 THE WAY FORWARD.

The Inspecting Judge has approved the introduction of this electronic reporting system on a national basis. The implication of this is that use of the electronic system will be obligatory to Heads of Prison and IPV’s.

It was decided that because of organizational needs the introduction of the payment system should receive preference. For this reason four Regional Coordinators for IPV’s have been appointed to assist in Gauteng, Free State, North West and Western Cape. They have the responsibility to provide IPV’s with training on how to submit their payment reports via the Internet and also to assist IPV’s to obtain access to computers. The cooperation of the Heads of Prison has been excellent in this regard.

There is a possibility of obtaining financial support from the Foundation for Human Rights to extend such training to all other IPV’s to empower them to use this system.

8. JUDGES' VISITS TO PRISONS.

Judges of the Constitutional Court and of the High Court paid 33 visits to prisons of which 29 were comprehensive inspections followed by reports. Such visits besides being appreciated by prisoners and staff have in numerous instances uncovered problems that could be attended to. Illustrative was the discovery in a Mpumalanga prison of two young men whose case had been postponed two years before and then forgotten about when the file went missing.

Inspections by judges have proved of great value and this office wishes to express thanks to the Bench for making time available to do so.

9. THE JALI COMMISSION.

Included in the terms of reference of the Commission of Inquiry led by the Honourable Mr Justice TSB Jali, is to inquire and report on allegations of corruption relating to the treatment of prisoners.

Reports of such allegations that have been made to this office, and there are not many, have been made available to the Commission.

10. STATE OF EXPENDITURE.

In terms of the provisions of section 91 of the Correctional Services Act, the Department of Correctional Services is responsible for the expenses of the Judicial Inspectorate. During the 2001/2002 financial year the expenses amounted to:

STANDARD ITEM:	EXPENDITURE:
Personnel	R5 823 381*
Administration	R1 373 969
Stores and Inventory	R    82 002
Equipment	R   151 756
Land & Buildings	R         739
Professional and special services	R    17 553
Total:	R7 449 400

* Includes the remuneration of IPV’s that amounted to R 2 775 065

11. APPRECIATION.

The period was a busy one. The appointment of Independent Prison Visitors in five more provinces whilst not falling behind in maintaining those appointed before and in handling the complaints of prisoners, demanded real dedication. That dedication was forthcoming from each of the staff members and from the Independent Prison Visitors. It is sincerely appreciated.




JJ FAGAN
INSPECTING JUDGE OF PRISONS

CAPE TOWN
31 MARCH 2002


Office of the Inspecting Judge
Private Bag X9177
Cape Town
8000
Tel: (021) 421-1012/3/4/5/6
Fax: (021) 418-1069
e-mail: gideon.morris@dcs.gov.za
http://judicialinsp.pwv.gov.za

NAMELIST OF INDEPENDENT PRISON VISITORS

GAUTENG

PRISON	INDEPENDENT PRISON VISITOR
BAVIAANSPOORT EMTHONJENI JUVEN	THOLO, DIKELEDI MIRRIAM
BAVIAANSPOORT MAX.	SIBANYONI, SHADRACK
BAVIAANSPOORT MED	MOLEFE, TEBOGO BERNAD
BOKSBURG	SEKHONYANE, MADIKELA
BOKSBURG	MAMPA, KOPI VINCENT
BOKSBURG	TSOKE, MPHO EUGENE
BOKSBURG	DLAMINI, VICTRESS LETHIWE
HEIDELBERG	MUSWEDE, TSHIKHALALI PRINCE
JOHANNESBURG MED. A	MAKHUBELA, EPHRAIM
JOHANNESBURG MED. A	MANANA, MALEKGOWA JANE
JOHANNESBURG MED. A	MOLOI, BIG-BRAIN
JOHANNESBURG MED. A	TSHAMANO, HUMBULANI
JOHANNESBURG MED. B	SHILENGE, MAGEZI MOSES
JOHANNESBURG MED. B	BOTHA, PEARL ISOBEL
JOHANNESBURG MED. B	MABASO, ELLEM LALA
KRUGERSDORP	KORTJE, IVAN
KRUGERSDORP	THERON, HENDRIK WILHELM
KRUGERSDORP	TSHEPHE, SHARON MAPULE
KRUGERSDORP	MAKHURA, GODFREY SELELO
LEEUWKOP JUVENILE	MANYANA, PATRICK
LEEUWKOP MAX.	MOSIMANE, SOPHIE TOPSY
LEEUWKOP MED. A	TSOLO, ABRAHAM
LEEUWKOP MED. C	MOGASHOA, JOSEPH CHUENE
MODDERBEE	SKAKA, HENRY MANGALISO
MODDERBEE	SHABANGU, MDUDUZI MESHACK
MODDERBEE	MKHWANAZI, ELIAS
MODDERBEE	NHLANGO, VUSI STANLEY
NIGEL MALE	LESIMOLA, VUSIMUZI MARTINS
ATTERIDGEVILLE	MOTJUOADI, MPHO SAMUEL
ATTERIDGEVILLE	MASHANGOANE, MILELA
PRETORIA CENTRAL	MONTSHO, SELLO
PRETORIA CENTRAL	JAMES, MR
PRETORIA LOCAL	NGOBENI, BONANG PHILLEMON
PRETORIA LOCAL	CHIUMIAH, THABEA
PRETORIA LOCAL	MOUMAKOE, DAVID
PRETORIA LOCAL	PALMER, ELSIE MARIA
PRETORIA MAX.	MATIBAKO, ERNEST MOKETE
VEREENIGING	LEBOKO, MOLEFI SAMUEL
VEREENIGING	PHOHLELA,
ZONDERWATER MED. B	MAMBA, BAFANA MDABA DAVID

KWAZULU-NATAL

PRISON	INDEPENDENT PRISON VISITOR
DURBAN FEMALE	WELLS, MARLENE
DURBAN JUVENILE CENTRE	THANGO, MFUNDO
DURBAN MED. A	NTOMBELA, WISEMAN
DURBAN MED. A	GOPAUL, RANJITH
DURBAN MED. B	OGLE, JOY
DURBAN MED. B	GOVENDER, KESI
DURBAN MED. C	NTOMBELA, NDUNA HERMAN
EKUSENI YOUTH CENTRE	NKABINDE, BONGANI
EMPANGENI QALAKABUSHA	HLONGWANE, VIOLET
EMPANGENI QALAKABUSHA	SITHOLE, THEMBA
MTUNZINI	MKHANAZI, SICELO SIYABONGA
ESHOWE	SMITH, LYNNE
ESTCOURT	GABUZA, NKOSINITHI
DUNDEE	MSELEKU, VINCENT
GLENCOE	SIBISI, VUSUMUZI
BERGVILLE	HLATSHWAYO, SIFISO
LADYSMITH	HLATSHWAYO, SIFISO
NCOME MED. A	JELE, WILFRED
NCOME MED. B	MAGWAZA, LINDIWE
NEW HANOVER	MWELASE, SITHEMBISO
NEWCASTLE	MNDAWENI, ZANELE
PIETERMARITZBURG	MBANJWA, FELIX
PIETERMARITZBURG	CEMBI, FIKILE CYNTHIA
PORT SHEPSTONE	DLADLA, THABISILE
SEVONTEIN	SHEZI, BAWINILE
STANGER	NXABA, SIPHOSENKOSI
UMZINTO	MNEMBE, THABISILE
VRYHEID	DLAMINI, ANGLE
WATERVAL MED. A	SHABALALA, THEMBA SYDNEY
WATERVAL MED. B	MAKHUBU, PHUMZILE

NORTHERN CAPE

PRISON	INDEPENDENT PRISON VISITOR
BARKLY WEST	BANDA, BOICHOKO BEN
COLESBERG	BANJWA, WILLIAM LULAMILE
DE AAR	ABBOTT, AYESHA SHARONE
DOUGLAS	MOKAE, IRENE
HOPETOWN	OLIPHANT, EVELYNN LYNNETT
KIMBERLEY	MOTLONGYE, KEAMOGETSE
KIMBERLEY	MOLAOWA, BATHENTSE SYVIL
KURUMAN	MOKAUSE, MMABATHO OLIVE
UPINGTON	CANDA, SARA
UPINGTON	PETERSEN, BERTRAND SYDNEY
VICTORIA WEST	MATLHOAHELA, BAITSENG LILLIAN

FREE STATE

PRISON	INDEPENDENT PRISON VISITOR
BETHLEHEM	HLASA, OUPA PETROS
BETHULIE	MABE, MCITHEKI WILLEM
BOSHOF	OLIFANT, MISHACK
BRANDFORT	RALEJALLA, LERATO MARGARET
FICKSBURG PRISON	MOEKETSANE, SEMOKO
GOEDEMOED MED. A	PHASHE, MOSES THABO
GOEDEMOED MED. B	PHASHE, MOSES THABO
GROENPUNT JUVENILE	ZIBI, PHINDIWE
GROENPUNT MAX.	ZIBI, PHINDIWE
GROENPUNT MAX.	BODIBE, ABRAHAM MALEUFANE
GROENPUNT MED.	MOTLOUNG, LITHAKONG PETER
GROOTVLEI MAX.	NTULINI, NOZITHEMBISO
GROOTVLEI MAX.	SEEKANE, MALETSELA
GROOTVLEI MAX.	SELEBANO, NOKWANDA PATRICIA
GROOTVLEI MED.	SEEKANE, MALETSELA
GROOTVLEI MED.	SELEBANO, NOKWANDA PATRICIA
GROOTVLEI MED.	NTULINI, NOZITHEMBISO
MANGAUNG APOPS	DICHABE, SB
MANGAUNG APOPS	MOKOTJO, MOTETE
HARRISMITH	MATABOLA, DANIEL
HENNENMAN	MOSIKARE, ITUMELENG
HOOPSTAD	KHOARI, MOLOI PETRUS
KROONSTAD MED. A	MAHLATSI, LYDIA
KROONSTAD MED. A	MOTHOBI, MICHAELLA ELIZABETH
KROONSTAD MED. B	TSHABALALA, MMALEQEME
KROONSTAD MED. C	TSOLO, MOSIA CYNTHIA
KROONSTAD YOUTH	TSOLO, MOSIA CYNTHIA
LADYBRAND	MANTSOE, MANTSOE NEPHTALY
ODENDAALSRUS	MAKAKANE, MARIKHOI OBED
PARYS	PILANE, JEREMIAH SEBEGO
SASOLBURG	KABELO, YVONNE TEBELLO
SENEKAL	HLASA, OUPA PETROS
VENTERSBURG	MFUPHI, KEHLA PHILEMON
VIRGINIA	QUMBA, NOMZOLISO BELLINA
WEPENER	MOHLONYANE, TEMBILE JOSEPH

LIMPOPO

PRISON	INDEPENDENT PRISON VISITOR
LOUIS TRICHARDT	NETSHIMBONI, NDIVHUHO
NYLSTROOM	SELEKA, SE
PIETERSBURG	TEMA, NA
THOHOYANDOU MEDIUM A	DALI, MP
THOHOYANDOU MEDIUM B	MATHEBULA, C
TZANEEN	MANGENA, MT

WESTERN CAPE

PRISON	INDEPENDENT PRISON VISITOR
ALLANDALE	BOOI, FRANCINA
BEAUFORT WEST	MNGQIBISA, DANILE TIMOTHY
BRANDVLEI JUVENILE	FORTUIN, PETER SOLOMON
BRANDVLEI MAX.	FORTUIN, PETER SOLOMON
BRANDVLEI MED.	KAMMINGA, RINZE ANNE
CALEDON	APRIL, FREDERICK DANIEL
DRAKENSTEIN MAX.	NDINISA, NTOMBIZANELE EDITH
DRAKENSTEIN MED. A	BOONZAAIER, RICHARD
DRAKENSTEIN MED. B	WICOMB, ROBERT
DWARSRIVIER	OLCKERS, NATASHA MADRY
GEORGE	JANTJIES, ELIZABETH SUSAN
GOODWOOD	JEPHTA, ROZETTE DAWN
GOODWOOD	LINGEVELDT, DESMOND
HAWEQUA	APRIL, BLOSSOM NONTYATYAMBO
HELDERSTROOM MAX.	MACKENZIE, MICHAEL NESMITH
HELDERSTROOM MED.	MACKENZIE, MICHAEL NESMITH
KNYSNA	NKOHLA, MICHAEL JONGILE
MALMESBURY MEDIUM A	STANDER, AUGUSTUS
MALMESBURY MEDIUM B	STANDER, AUGUSTUS
MOSSELBAAI	PRETORIUS, NATASCHA
OUDTSHOORN MED. A	GOUW, PHUMLA CYNTHIA
OUDTSHOORN MED. B	GOUW, PHUMLA CYNTHIA
POLLSMOOR FEMALE	FEBRUARY, DELICIA CATHERINE
POLLSMOOR MAX.	SWARTZ, YASMINA
POLLSMOOR MAX.	MDINGI, MERCIA LUMKA
POLLSMOOR MED. A	HELEBE, SAKILE
POLLSMOOR MED. B	JAPHTA, ISGAK
POLLSMOOR MED. C	MAKIES, HARDLEY
ROBERTSON	JENEKE, ISRAEL JOHANNES
STELLENBOSCH	SIEBRITZ, MARTIN JACOBUS
VANRHYNSDORP	CARELSE, ADAM JAPHTA
VOORBERG MED. A	DAVIDS, WILLEM DESMENT
VOORBERG MED. B	LIEBENBERG, JACOBUS ANDREAS
WARMBOKVELD	DE BRUYN, FLORINA
WORCESTER FEMALE	KAMMINGA, RINZE ANNE
WORCESTER MALE	KAMMINGA, RINZE ANNE

MPUMALANGA

PRISON	INDEPENDENT PRISON VISITOR
BARBERTON FARM MAX.	MOKOENA, NI
BARBERTON FARM MAX.	GININDZA, DS
BARBERTON FARM MED. A	NKOSI, DR
BARBERTON FARM MED. B	MKHONTO, JS
BARBERTON TOWN	HLEKO, EN
BELFAST	MAREDI, YM
BETHAL	THELA, BC
GELUK	MAGAGULA, SIPHO EDWARD
LYDENBURG	MNDAWE, IC
MIDDELBURG	THEBYANE, DD
NELSPRUIT	ZITHA, SIPHO SIPHIWOSETHU
NELSPRUIT	MAPHANGA, CS
PIET RETIEF	GUMEDE, FS
STANDERTON MED. A	MABUZA, IC
STANDERTON MED. B	MABUZA, IC
VOLKSRUST	KHUMALO, GL
WITBANK	MALAPANE, MM
WITBANK	KEKANA, SJ

NORTH WEST

PRISON	INDEPENDENT PRISON VISITOR
CHRISTIANA	MOCUMI, DINEO ANNAH
KLERKSDORP	JASS, EDWIN BONAKELE
KLERKSDORP	KARELS, WINSTON BRAIN
LICHTENBURG	LEBOA, GOITSEMANG REGINAH
BRITS	THOMPO, JOHN
LOSPERFONTEIN	ESAU, PM
LOSPERFONTEIN	MABASO, JOHANNES HARDWAYS
MOGWASE	MOLOPE, MMULE GUILTY
ODI	MOGOTSI, PAUL MOTLHODI
ODI	MKHIZE, PHILLIP
POTCHEFSTROOM	MOSWEU, MAMOIPONE GERTRUDE
POTCHEFSTROOM	KUAHO, KENALEMANG JULIA
ROOIGROND MEDIUM A	TLHOLOE, POONYANE DANIEL
ROOIGROND MEDIUM A	LESEYANE, TSHIDI HILDA
ROOIGROND MEDIUM A	MOKGORO, ITHUTENG IRIS
ROOIGROND MEDIUM B	MOKGORO, ITHUTENG IRIS
ROOIGROND MEDIUM B	TLHOLOE, POONYANE DANIEL
ROOIGROND MEDIUM B	LESEYANE, TSHIDI HILDA
RUSTENBURG JUVENILE	LEGALAMITWA, MONWAPULA MESHACK
RUSTENBURG JUVENILE	MOLAMU, SELEKANE ESTHER
RUSTENBURG	LEGALAMITWA, MONWAPULA MESHACK
RUSTENBURG	MOLAMU, SELEKANE ESTHER
ZEERUST	KATE, MODISE ROBERT