DISCUSSION DOCUMENT: TOWARDS GREEN PAPER ON CORRECTIONAL SERVICES IN SOUTH AFRICA

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DISCUSSION DOCUMENTTOWARDS GREEN PAPER ON
CORRECTIONAL SERVICES IN SOUTH AFRICA
SEPTEMBER 2003
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CHAPTER I - MOTIVATION FOR NEW WHITE PAPER

• 1994 White Paper has been passed by history
• 1996 Constitution Act 108 of 1996 Human Rights
  Culture
• Chapter 10 of Constitution
• Chapter 8 11 of Constitution - Courts
  Administration of Justice Security services
• Singular national competency vs relationship with
  provincial local levels of government
  administration

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HISTORY PASSED WHITE PAPER BY

• Statutory mandate of department of Correctional
  Services Act, No 111 of 1998
• Defines coherent purpose of South African
  correctional system
• Significant on going conceptual development of
  South African approach to corrections
  rehabilitation not addressed
• Not aligned with key current Governmental Policies

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INADEQUACY AS A WHITE PAPER

• Inadequate direction to policy practice
  development
• No long term strategic direction
• Drafted with specific time frames, statistics
  references to geographical areas
• Does not rise above departmental mandate
• speaks only to mandate of DCS
• fails to locate rehabilitation corrections as
  societal responsibility

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POLICY ALIGNMENT

• African Renaissance and NEPAD
• Multi-lateral relations in Africa
• Out of harmony with PFMA
• Not aligned to new public service policy, e.g.
  Public Service Regulations

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GUIDING DCS

• Does not define DCS core business adequately
• Defines core business of DCS as safe custody
  humane treatment of offenders
• Core business now understood as correction within
  safe, secure humane environment
• Inadequate on approach to facilities building,
  management procurement
• DCS approach to Government PPP Policy in relation
  to infrastructure, facilities and prison
  management
• Inadequate on appropriate human resource
  provisioning, on career development retention
  strategy

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GUIDING DCS

• Major policy gap re unsentenced detainees
  departmental responsibilities re them
• Inadequate guidance on Health Care Policy
• Silent on issues of comprehensive health care,
  primary health care,
• Silent on AIDS policy
• Silent on interpretation of constitutional
  imperative role of Department of Health
• Does not provide framework for terminology that
  is coherent, user friendly consistent with
  philosophy of corrections

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CHAPTER 2 - HISTORY OF CORRECTIONAL SYSTEM

• Provides brief history of transformation of DCS
  during past century characterized by epochs
• History of SA prisons reflects history of SA as a
  nation

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• Early 1900s period provincial ordinances,
  management of reformatories placed under prisons,
  role of courts re prison treatment
• Landsdowne Commission on Penal Prison reform,
  1945 proposals never implemented
• Prisons in 1960s 1970s racially segregated
  closed system military characterpolitical
  prisoners challenges to legitimacy of system
• Prison department in 1980s Judicial inquiry
  into role of courts marginal improvement in
  prison system reversal of racial segregation of
  inmates and staff

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• Prison Reforms in early 1990s separation of
  prisons and DoJ Public Service Labour Relations
  Human rights Culture
• First 5 years of democracy 1994 White Paper
  Representativity International Benchmarking
  Judicial Inspectorate National Crime Prevention
  strategy
• Strategic Realignment and Transformation of DCS
  mobilisation of stakeholder participation
  Mvelaphanda cleansing of DCS HRD and HRM review

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CHAPTER 3 - CORRECTIONS AS SOCIAL RESPONSIBILIY

• DCS accepts that correction cannot only be
  delivered by particular organ of state,( viz,
  Correctional Services) but it should be
  collective responsibility of all role players.
  DCS has identified discrepancy.
• Considers Moral Regeneration Movement
  promotion of spirit of Ubuntu as crucial
  ingredients in creating environment that benefit
  rehabilitation effective offender
  reintegration.

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CHAPTER 4 - OBJECTIVES OF CORRECTIONAL SYSTEM

• Concentrates on level of corrections that falls
  on shoulders of correctional system or
  Correctional Services.
• Begins to redefine Rehabilitation Correction
  outline
• Correctional System Objectives.
• Rehabilitation as holistic phenomenon
  incorporating encouraging social responsibility
  social justice, active participation in
  democratic activities, empowerment with life
  other skills, contributing to making South
  Africa better place to live in.
• Defines objectives of DCS

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CHAPTER 5 - PRISON MANAGEMENT COMMUNITY
CORRECTIONS

• Outlines prison management in terms of
  Restorative Justice, Unit Management, Secure,
  Safe Humane Custody Parole Policy
• Unit management as team approach to correctional
  client management
• Parole Placement Policy viewed as necessary
  contract between client under community
  correctional supervision department that
  correctional client will comply with conditions
  of his or her placement including continuation of
  correctional development programmes
• Pivotal Multi disciplinary role of Parole Boards
  in deciding future of correctional client

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CHAPTER 6 - IJS SOCIAL SECTOR RESPONSIBILITIES

• Assists DCS to clearly define its intervention
  role in crime prevention
• Defines relations to JCPS and Social Sector
• Integrated justice social cohesion and social
  justice prerequisites for rehabilitation

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CHAPTER 7 - WHO ARE SOUTH AFRICAS CORRECTIONAL
CLIENTS

• Brief analysis of causes of crime from South
  African context
• Enable DCS to understand both who correctional
  clients are and why they became involved in crime

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CHAPTER 8 - CORRECTIONAL OFFICIAL
ORGANISATIONAL CULTURE

• Focuses on relationships between correctional
  official correctional client
• Emphasizes significance of organizational culture
  in focusing
• organization to its core business
• Expresses importance of striking balance between
  security corrections
• Need for human resource provisioning
  development strategy, career pathing
  development.
• These relationships desired organizational
  culture are
• fundamental in defining proper real
  correctional official.

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CHAP 9- GOVERNMENTS RESPONSIBILITY TOWARDS
UNSENTENCED DETAINEES

• Focus on responsibility of government to all
  categories of unsentenced detainees concentrating
  on following areas
• Noting Constitutional obligation re awaiting
  trial detainees
• Benchmarking best practices internationally
• Problem statement on Correctional Institution
  Awaiting Trial
• Short Term Management of Unsentenced Detainees
• Problem Statement on Illegal Immigrants Awaiting
  Deportation

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CHAPTER 10 - NEED-BASED INTERVENTION PLAN

• DCS adopted needs based approach to
  rehabilitation
• Areas of intervention -
• Profiling based intervention
• Identification of Service Delivery Areas for
  correctional clients Rehabilitation
  (Corrections, Development, Security, Care,
  Facilities, After Care)
• Distinction between Correction Development of
  Offender
• Community Service Poverty Alleviation
• Gender policy to inform management of men
  correctional clients to serve as rehabilitation
  tool to men whose victims women children
• Services to paroled correctional clients
• Social Reintegration

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CHAPTER 11- SAFETY,SECURITY HUMAN DIGNITY AS
PART OF REHABILITATION

• Acknowledges perceptions, both internal
  external, that approach of putting Rehabilitation
  at centre of DCS services has generated
• Three areas are
• Operating Secure, Safe Orderly Correctional
  Centres
• Security Classification for rehabilitation
• Safety Healthy of Correctional Clients
• Disciplinary procedures punishments in
  Correctional Centres

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CHAPTER 12 - SPECIAL CATEGORIES OF CORRECTIONAL
CLIENTS

• Outlines special categories of correctional
  clients
• Seeks to encourage DCS to arrange and extend
  service delivery to these categories to address
  specific needs
• Following categories are stated
• Children in detention
• Youth Correctional Clients
• Women Correctional Clients
• Correctional Clients with disabilities
• Aged Correctional clients
• Correctional clients with Mental Illnesses
• First Offender Correctional Clients
• Correctional offenders with Long or life
  sentences
• Correctional Clients who are Foreign Nationals

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CHAPTER 13- APPROPRIATE COST EFFECTIVE
FACILITIES

• Facilities viewed as bigger challenge in
  addressing needs of categories of correctional
  clients identified
• Department has identified facilities as critical
  in creating enabling environment for
  rehabilitation.

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CHAPTER 14 - EXTERNAL PARTNERSHIPS

• Partnerships viewed in light of understanding
  correction as social responsibility of both
  State Organs broader Civil Society
• Focuses on need to redefine roles of civil
  society in correction for effective
  rehabilitation and successful community
  reintegration
• Focuses on correctional international relations
  in context of SA Foreign Policy

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CHAPTER 15- GOVERNANCE ADMINISTRATION

• Focus on powers functions of
• Executive Authority
• Accounting Officer
• Head Of Department
• Judicial Inspectorate
• Accountability to Parliament
• Policy advice role of National Council

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CHAPTER 16 - TRANSFORMATION OF CORRECTIONAL
SERVICES

• Seeks to identify priority areas to be addressed
  in implementation of Green Paper
• Seeks to ensure process to realign current
  legislation, regulations, orders and procedures,
  subordinate policies to White Paper and establish
  proper coherent Hierarchy of Imperatives
• Seeks to ensure strategy of planning, resourcing
  budgeting to alien policy practice with White
  Paper

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CONSTITUTION
DCS HIERARCHY OF IMPERATIVES
 
 
 
 
WHITE PAPER
LEGISLATION
VISION MISSION
STRUCTURE
BUSINESS PROCESSES
REGULATIONS
STRATEGIC PLAN
SERVICE DELIVERY RANGE POLICY
BUDGETING
PROGRAMMES
A ORDER
SUBORDINATE POLICIES
B ORDER
SYSTEMS
ADMINISTRATIVE PROCEDURES
OPERATIONAL PLANS ACTIVITY PLANS
HUMAN RESOURCE PROVISIONING
INSTITUTIONAL ORDERS
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THANK YOU!