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CONTENTS

Annual report for the period 1 April 2002 to 31 March 2003
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

9th Floor
1 Thibault Square
c/o Long and Hans
Strijdom Streets
CAPE TOWN 

1. INTRODUCTION BY THE INSPECTING JUDGE.  Back to top

Perceptions and realities often differ. This I believe is the position in regard to conditions in our prisons.

Evidence led before the Jali Commission received wide publicity.  It disclosed corruption in many forms including nepotism, fraud and extortion.  The Grootvlei video which showed a juvenile prisoner being sold for sex and sodomized, a handgun being sold and drug dealing, was screened on national television and shocked the nation.  The perception was created in the public mind that prisons are dens of vice ruled by dishonest, unscrupulous and brutal officials exploiting the prisoners who are at their mercy.

The Judicial Inspectorate is in a unique position to give the fuller picture.  It is independent of the Department of Correctional Services and owes it no allegiance.  Its information comes from its Independent Prison Visitors and Regional Co-ordinators who visit prisons countrywide every day, from its Inspectors, from reports of Judges and Attorneys who visit prisons, from observations by the Inspecting Judge on his visits to prisons and from communications from the public and the prisoners themselves.

While applauding the Jali Commission for uncovering corruption at Durban Westville, Pietermaritzburg, Grootvlei, St. Albans and Pollsmoor prisons and wishing it well for its further investigations at Johannesburg, Pretoria, Leeuwkop and Ncome prisons, the position is certainly not that our prison system has collapsed.  More than 188 000 prisoners are being housed and fed and looked after by about 32 500 officials in 241 prisons.  This is a mammoth task.  It is being performed by men and women who in general are committed not only to guarding the prisoners, but to improving their lot.  The relationship between staff and prisoners is mostly a friendly one.  Among the area managers, heads of prison and staff, are numerous men and women particularly dedicated to the rehabilitation of the prisoners in their care.  For them to be tarred by the brush of corruption would be most unfair.

The problems that we have in our prisons can virtually all be attributed to overcrowding.  We now have the highest number of prisoners we have ever had in our country and it is placing an unbearable burden on the Department of Correctional Services.  As will be argued later, we do not need and cannot afford more prisons.  We need less prisoners. That lies primarily in the hands of the police, the prosecutors and the magistrates.

 

 JJ FAGAN
INSPECTING JUDGE OF PRISONS
31 MARCH 2003

The Judicial Inspectorate of Prisons was established on 1 June 1998 in terms of the Correctional Services Act 111 of 1998 (the Act).  It must watch what is happening in prisons and keep the President, the Minister of Correctional Services and the public aware of the manner in which prisoners are being treated and about the conditions in our prisons.  It is further mandated to appoint Independent Prison Visitors to visit and talk to prisoners and, should there be complaints, to try to have them resolved.

 

3. VISION. Back to top

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

 

4. MISSION.  Back to top

4.1 The Judicial Inspectorate started the year (1 April 2002) with Independent Prison Visitors (IPVs) in 8 provinces. The Eastern Cape still had to have IPVs appointed.

4.2 Measures to monitor performance of IPVs more effectively had to be devised and put in place.

4.3 To handle the volume of communications with IPVs, Heads of Prison and others, the electronic reporting system had to be developed further and its use promoted among IPVs.

4.4 The increased number of complaints from prisoners required expansion of the Legal Services Unit in order to handle them expeditiously.

4.5 Combating overcrowding and its attendant woes remained a priority.

5. STRUCTURE OF THE INSPECTORATE (as at 31 March 2003) Back to top

5.1 STAFF COMPOSITION Back to top

On 31 March 2003 the approved post establishment provided for the following staff to be appointed:

The number of staff employed on 31 March 2003 was 35 with 186 IPVs. A balance in regard to gender and race is sought.  In the office, there are 15 males, 12 females; 23 are from previously disadvantaged groups, 4 whites.  Of the 8 Regional Co-ordinators, 7 are males, 1 female; 7 are from previously disadvantaged groups, 1 white.  Of the 186 IPVs, 96 are males, 90 females; 181 are from previously disadvantaged groups, 5 whites. This means that 47% of the staff and IPVs are females and 96% are from previously disadvantaged groups.

 

5.2 JUDICIAL INSPECTORATE STAFF Back to top

During the year the office converted to an open floor plan with furniture manufactured at Pollsmoor prison.  To further improve efficiency, all members of staff attended training courses, internal and external workshops and in-service training sessions.

In the year ahead and with assistance from the South African Excellence Foundation, the Judicial Inspectorate will embark on the process of applying the South African Excellence Model in order to measure the performance and efficiency of the Judicial Inspectorate of Prisons.

 

5.3 INDEPENDENT PRISON VISITORS (IPVs) Back to top

IPVs perform their statutory functions as independent contractors and are appointed on contract for a fixed term of two years.

As required by section 92 of the Act, public nominations were called for prior to the appointment of IPVs. During the year a total of 18 486 nominations were received from the public at large and from community organisations. 47 public meetings were held, which were attended by about 2 500 people. During these meetings the public were informed about the powers, functions and duties of IPVs.

5.4 REMUNERATION Back to top

The salaries and allowances of staff are regulated by the Public Service Act.  IPVs are paid at a rate of R38.65 per hour and work, depending on the size of the prison, between 14 and 67 hours per month. The total expenditure for salaries and remuneration of IPVs for the year amounted to R 7 607 112. The cost of senior management came to 6.5% of this amount.

 

5.5 EXPENDITURE Back to top

In terms of section 91 of the Act, the Department of Correctional Services (DCS) is responsible for the expenses of the Judicial Inspectorate. Adequate funds were made available by DCS to finance the needs of the Judicial Inspectorate.

During the 2002/2003 financial year, the expenses amounted to:

 

An amount of R80 748 was received from the Foundation for Human Rights in South Africain terms of a co-operation agreement, which is aimed at making funds available mainly for computer training of IPVs.

To fulfil its mandate of appointing IPVs to prisons countrywide, IPVs had yet to be appointed in the Eastern Cape.  That necessitated advertisements and public meetings and calling for nominations for the 33 posts. 2 971 nominations were received, shortlisted, 104 interviews were held and the required number of IPVs selected. Three-day training sessions were held and in April 2002 the IPVs were inducted in the prisons allocated to them. Once again it was gratifying to see the calibre and community involvement of those appointed.

This completed the appointment of IPVs to all prisons with more than 100 prisoners. As the policy is that IPVs do not serve for more than two years, it became necessary to appoint and train new IPVs in Gauteng, Mpumalanga and Limpopo. This was finalized in February 2003. The map below shows the current status. The blue dots indicate where IPVs have been appointed; the green dots are vacant posts. The yellow dots indicate where IPVs have been appointed but there is a further vacant post. The white dots indicate prisons with populations of less than 100 prisoners where IPVs are not appointed.

 

 

 

Of the 186 IPVs appointed, 27 work in the Western Cape, 7 in the Northern Cape, 13 in the North West, 15 in Mpumalanga, 28 in the Eastern Cape, 21 in the Free State, 42 in Gauteng, 25 in Kwazulu-Natal and 8 in Limpopo.

6.1 TRAINING OF INDEPENDENT PRISON VISITORS. Back to top

On appointment all IPVs attend a compulsory three-day training workshop during which they are taught about the powers, functions and duties of IPVs. This training also provides for a basic introduction to the law and regulations governing our prisons and the rights of prisoners. This induction training is followed up by an on-going process of in-service training provided mainly by Regional Co-ordinators during the quarterly performance audits of all IPVs.

During the year 179 IPVs participated in induction training workshops. 90 of them also attended four specialized workshops on the use and implementation of Information Technology (IT) systems.

The Regional Co-ordinators conducted 87 in-service training sessions during which IPVs were given guidance on the performance of their statutory functions. A total of 205 performance audits were conducted during which the performance and efficiency of IPVs were evaluated and follow-up training and guidance were provided.

6.2 APPOINTMENT OF REGIONAL CO-ORDINATORS Back to top

In order to assist IPVs and monitor their performance, four Regional Co-ordinators were appointed in February 2002. Two handled Gauteng and North West, one Free State and one Western Cape. Inspectors acted as Regional Co-ordinators in Limpopo, Mpumalanga, KwaZulu-Natal and Eastern Cape.

Regional Co-ordinators attended the monthly meetings of IPVs (Visitors’ Committee Meetings), guided the IPVs, expedited the resolution of complaints, conducted IT and in-service training and prepared monthly reports.  They assisted in public awareness of conditions in prisons and of suggested solutions to problems.

The volume of work required the appointment of additional Regional Co-ordinators in March 2003, bringing the total to eight.

7. DEALING WITH PRISONERS’ COMPLAINTS Back to top

With most of the prisons in South Africa severely overcrowded and because of the unnatural environment in which people find themselves when placed in prison, it is understandable that there are many complaints from prisoners. The speedy resolution of such complaints by the authorities is important in reducing the high tension levels that exist among prisoners. The resolution of complaints also provides a mechanism to monitor the fair and just treatment of prisoners, promoting a human rights culture without which meaningful rehabilitation cannot take place. For this purpose the Judicial Inspectorate has established a network of IPVs. IPVs are persons who have been identified, through a process of publicly calling for nominations and consultation with community organisations, as people who are interested in the promotion of the social responsibility and human development of prisoners. IPVs are deployed at most prisons within South Africa. They are tasked with the responsibility to visit prisons regularly, to interview prisoners and to report to the Judicial Inspectorate on the nature and number of complaints received. These reports provide information on trends of human rights abuses that might exist at particular prisons.

7.1 NUMBER AND NATURE OF COMPLAINTS Back to top

During the calendar year 2002, IPVs paid 7 147 visits to prisons, privately consulted with 58 907 prisoners and received 190 167 complaints from prisoners.  In addition, a further 4 992 written complaints were received by the Judicial Inspectorate. The complaints ranged from minor to serious matters.  See table below.

Number and nature of prisoner complaints received by IPVs:

Based on the number and nature of complaints received from prisoners, the Judicial Inspectorate is in a position to identify “problem areas” in the treatment of prisoners and direct available resources to those areas. The reports from IPVs indicated that the most common complaints from prisoners were about transfers, mostly to be closer to their families. Complaints about bail and appeals were mainly received from prisoners who had been granted bail but who were unable to pay the amount fixed by the court, in some cases as little as R50.00, because of poverty and as a result remain in prison for months until their cases are finalised. The complaints from prisoners about health care are mainly problems experienced by them to gain access to medical staff and prescribed medication. Some prisoners also complained about the quality of medical treatment provided for them.

The vast majority of complaints were resolved between the Heads of Prison and the IPVs to the satisfaction of the prisoners.  Unresolved complaints were taken by the IPVs to the monthly Visitors’ Committee Meetings attended by IPVs and Regional Co-ordinators.  There are 36 such Visitors’ Committees.  Where the complaints were not resolved at the Visitors’ Committee Meetings, they were referred to the Legal Services Unit of the Judicial Inspectorate.

During the calendar year, 217 unresolved complaints were referred by Visitors’ Committees to the Legal Services Unit.  In addition to this 3 734 complaints were received directly from prisoners, many of which were referred to this office by the Human Rights Commission, the Public Protector, the South African Prisoners Organisation for Human Rights and family members. Of these complaints 3 253 were resolved, 614 were referred to IPVs for a follow-up consultation with the prisoner and in 84 cases the resolution of the matter is still pending awaiting further information.

As the Legal Services Unit was short-staffed, Inspectors assisted in dealing with unresolved complaints. The unit has now been considerably strengthened by additional staff appointments so as to deal with prisoner complaints as speedily as possible.

The Legal Services Unit must also prepare for handling the many thousands of reports that will be sent by Heads of Prisons when sections 15, 25, 30 and 31 of the Act are put into operation.  Those sections deal with deaths, solitary confinement, segregation and mechanical restraints.

In support of the call made by the President for the wider and innovative use of e-government, the Judicial Inspectorate developed an Electronic Reporting System which was introduced nationally during the year 2001.

This electronic 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 Judicial Inspectorate. The introduction of this electronic system has other advantages such as providing information to the IPVs on the rules governing the rights of prisoners, improved communication and, importantly, it allows for proper records to be kept of the number and nature of complaints received from prisoners. This electronic system has proved a remarkable success.

The Electronic System was tested in the Western Province and then had to be introduced to the rest of the country. This required workshops for IPVs and Heads of Prison to familiarize them