Building a caring correctional system that truly belongs to all

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DEPARTMENT OF CORRECTIONAL SERVICES PRESENTATION
TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL
SERVICES WITH REGARD TO THE IMPLEMENTATION OF
THE RECOMMENDATIONS OF THE FINAL REPORT OF THE
JALI COMMISSION OF INQUIRY
Building a caring correctional system that truly
belongs to all
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PURPOSE

• The purpose of the Presentation is to
• Provide feedback to the Portfolio Committee on
  Correctional Services on the work that has been
  done by the Department in dealing with the final
  report of the Jali Commission of Inquiry and
• Provide the Portfolio Committee with the
  Departments intended course of action in dealing
  with the implementation of the findings and
  recommendations of the Commission.

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BACKGROUND

• Commissions Mandate

• The Commission was appointed by the President by
  means Proclamation No 135 of 2001 in accordance
  with powers vested in him in terms of Section 84
  (2) of the Constitution of the Republic of South
  Africa.

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TERMS OF REFERENCE OF THE JALI COMMISSION OF
INQUIRY

• To enquire into and report on

• Incidents of corruption relating to various
  matters.
• Incidents of non-adherence to departmental policy
  and deviation from national norms and standards.
• Incidents of violence or intimidation against
  employees of the Department which affect the
  proper functioning of the Department.
• Extent of implementation of recommendations of
  past investigations relating to the Department.

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TERMS OF REFERENCE OF THE JALI COMMISSION OF
INQUIRY

• To make recommendations as to steps that can be
  taken in order to prevent the future occurrence
  of such incidents and
• To make recommendations as to steps that can be
  taken against any employee who in terms of the
  findings of the Commission is implicated in
  impropriety against the employer.

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DURATION COST OF SITTINGS AND SCOPE OF WORK

• Duration 2 February 2002 12 May 2005
• Cost 27 564 040
• Management Areas investigated
• Durban, Pietermaritzburg, Ncome, Pretoria,
  Johannesburg, Leeuwkop, Pollsmoor, St Albans and
  Bloemfontein.

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COMMISSIONS METHODOLOGY IN CONDUCTING HEARINGS
AND COLLATION OF EVIDENCE

• Advertisements in local media.
• Voluntary evidence by alleged victims and / or
  witnesses.
• Summoning of implicated individuals.
• Presentations by management of the relevant
  Regions and Management Areas.
• Submission of Interim Reports to the Department.

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COMMISSIONS FINAL REPORT

• Structure of the Commissions final report
• Five (5) volumes
• Volume 1 (Systems and policies)
• Volume 2 (Misconduct issues not submitted
• by means of interim reports)
• Volumes 3 5 (Misconduct issues in interim
• reports)

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WORK DONE BY THE DEPARTMENT

• Analysis and summarizing of the
• Commissions report with three (3) main
• features / parts
• Systems and policies.
• Misconduct matters already submitted
• through eleven (11) interim reports.
• New misconduct matters that were not
• submitted through interim reports.

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ISSUES RAISED ON FINDINGS RELATING TO SYSTEMS
AND POLICIES

• Trade Unionism
• Correctional Centre Gangs
• Recruitment irregularities
• Correctional Centre Security
• Treatment and detention of offenders in Isolation
  C-Max including nutrition
• Sexual violence against inmates in correctional
  centres

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ISSUES RAISED ON FINDINGS RELATING TO SYSTEMS
AND POLICIES

• Placement of offenders on parole
• Conversion of sentences of imprisonment into
  Correctional Supervision
• Powers functions of the Judicial Inspectorate
  of Prisons
• Prison Ombudsman
• Overcrowding

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ISSUES RAISED ON FINDINGS RELATING TO SYSTEMS
AND POLICIES

• Abuse of power by senior officials
• Overtime policy
• Procurement and Logics matters
• Correctional Centre Workshops Stock Control
  System
• Implementation of previous investigations into
  the Department
• Implementation of the Interim reports by the
  Department

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IMPLEMENTATION OF THE COMMISSIONS
RECOMMENDATIONS ON SYSTEMS POLICIES

• Most of the Commissions recommendations have
  already been overtaken or addressed by the new
  strategic direction of the Department.
• Departmental initiatives include the following

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IMPLEMENTATION OF THE COMMISSIONS
RECOMMENDATIONS ON SYSTEMS POLICIES

• DCS project gearing DCS for rehabilitation.
• Restructuring in terms of Public Service Sectoral
  Bargaining Council Resolutions 7 8 of 2002.
• Adoption of an anti-corruption strategy as
  approved by Cabinet in 2002.
• Development of the White Paper on Corrections as
  approved by Cabinet in February 2005.
• Introduction of a Risk Management System and a
  Compliance Improvement Plan.

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IMPLEMENTATION OF THE COMMISSIONS
RECOMMENDATIONS ON SYSTEMS POLICIES

• Development and implementation of a comprehensive
  Integrated Human Resource Strategy.
• Overhauling of the Departments Human Resource
  Development Strategy to capacitate employees on
  the new strategic direction.
• Development of an Ethics course in partnership
  with DPSA, SAMDI and University of Pretoria.
• Revision and adoption of a new Disciplinary Code
  and Procedures.
• Development of a fraud and corruption prevention
  strategy.

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IMPLEMENTATION OF THE COMMISSIONS
RECOMMENDATIONS ON MISCONDUCT MATTERS

• 250 cases emanated from Interim Reports.
• The final report brought about 106 new
• cases (including 14 new cases from final
• version of interim reports).
• Status of interim reports cases is as
• follows

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IMPLEMENTATION OF THE COMMISSIONS
RECOMMENDATIONS ON MISCONDUCT MATTERS

• 43 officials were dismissed
• 18 officials received written warnings
• 26 cases were withdrawn for various
• reasons
• 120 cases under prosecution (Departmental
• / Criminally)
• 29 cases under investigation
• 14 new cases
• 135 cases still need to be dealt with and
  finalised of
• which 29 are already under investigation

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GENERAL (DEPARTMENTAL PROCESSES)

• Departmental Processes in dealing with the
  Commissions report are as follows
• Final report received from the Office of the
  President in December 2005.
• A Departmental Task Team was constituted to
  analyze and summarize the report for Management.

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GENERAL (DEPARTMENTAL PROCESSES)

• The following further actions have been taken
  emanating from the work of the Task Team
• Establishment of a Centralised Departmental Task
  Team to deal with the outstanding disciplinary
  cases.
• Establishment of National Branch Task Teams to
  deal with and finalise issues relating to systems
  and policies.
• Quarterly reports will be provided to the Office
  of the Commissioner and the Minister on progress
  made in dealing with the matter.
• A letter has been forwarded to the President to
  provide feedback on the matter.
• The matter has been prioritized as a project for
  reporting in terms of Government Programme of
  Action.

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CONCLUSION

• Departments new strategic direction has
  surpassed most of the Commissions
  recommendations on systems and policies.
• Commission requested outsourcing of the handling
  of disciplinary hearings which is in
  contravention of the Departments Bargaining
  Chamber Agreement.
• Outstanding disciplinary cases will be dealt with
  and finalised by the Centralized Departmental
  Task.
• Department is assisted by the Directorate of
  Special Operations (Scorpions) in finalizing
  investigations on some cases.

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Thank you Together we can
Building a caring correctional system that trully
belongs to all
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