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PURPOSE

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Title: PURPOSE


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PURPOSE
  • Purpose of Presentation provide feedback to
    Select Committee on work done by DCS in dealing
    with final report of Jali Commission of Inquiry
  • 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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1. BACKGROUND
  • Commissions Terms Of Reference corruption,
    maladministration, violence or intimidation in 9
    Management Areas including Head Office
  • Duration of Commission Feb 2002 to Dec 2005
  • Structure of Commissions report Vol 1 Systems
    and Policies Vol, 2 Misconduct Findings Vol 3-5
    Interim Reports
  • Management Areas on which Commission conducted
    investigations- Pretoria, Johannesburg, Ncome,
    Pietermaritzburg, Durban-Westville, Pollsmoor, St
    Albans, Middledrift Grootvlei
  • Conducted through Public Hearings
  • Submitted 11 interim Reports

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2. SUMMARY OF DEPARTMENTAL PROCESSES
  • Final Report received by Office of President in
    Dec 2005 and by Department in March 2006
  • Constituted Task team to analyze summarize
    report for Management
  • Established Centralised Departmental Task Team to
    deal with disciplinary cases
  • Branches dealing with finalize issues relating
    to systems policies
  • Quarterly reports to be provided to Commissioner
    Minister on progress w.e.f 30 September 2006
  • Minister to provide letter to President on
    completion of implementation at end of process
  • Matter prioritized as project for reporting in
    terms of Government Programme of Action
  • Full Report has been published on Website

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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • HISTORICAL BACKGROUND
  • Strategies undertaken to lay 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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

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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 10 POWERS FUNCTIONS OF INSPECTING JUDGE
  • 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
  • 11. 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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

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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • 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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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • IMPLEMENTATION OF PREVIOUS INVESTIGATIONS 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
    Commission as well as PSC DPSA proposals on
    these matters
  • Departmental Investigation Unit responsible for
    coordination, management keeping of data
    relating to investigations
  • System developed for management of all
    information relating to corruption cases

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3. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
SYSTEMS POLICIES
  • IMPLEMENTATION OF COMMISSIONS INTERIM REPORTS
  • Commissions request for outsourcing of
    disciplinary hearings in contravention of
    Collective Agreement
  • DCS from time to time sourced services of
    external people for chairing with regard to
    senior management cases in line with Ministerial
    directive
  • 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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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Interim Reports
  • From 11 Interim Reports - 93 officials
    disciplined, 47 dismissals, 22 warnings, 13
    acquittals 11 resigned/passed away
  • Medcor Fraud Disciplinary hearings already
    commenced
  • 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
    appeals November 2007

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4. 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 cases commencing in 2007
  • Professional bodies were already informed of
    misconduct of professionals (e.g. nurses)

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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Final Report 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 set up
  • 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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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Processing 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 report to indicate
  • What evidence is available
  • Are witnesses still available
  • Where are members witnesses stationed
  • Whether further investigation needed.

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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Established sub-teams to focus 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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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Prepared 48 investigation reports implicating 109
    members. (7 SMS members included) - 6
    investigations still ongoing
  • Initial report indicated 135 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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4. 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 hearing is scheduled

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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Current Process
  • Serving of charges on implicated members
  • - Task team members started as from mid October
    2006 serving charge sheets on implicated members
  • - Hearings will be scheduled depending on
    schedule of parties involved prehearings have
    started in Ncome, PMB, East London and JHB
  • Appointment of chairpersons
  • 18 members confirmed as Chairpeople - to be
    allocated as cases are ready
  • SMS members hearings will be chaired by GPSSBC
    Commissioners

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4. STATUS IMPLEMENTATION OF RECOMMENDATIONS ON
MISCONDUCT MATTERS
  • Key Challenge in Disciplinary Process is time
    period for disciplinary hearings -
  • 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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5. CONCLUSION
  • Work relating to systems policies has been
    concluded and is integrated into Strategic and
    Operational planning of DCS
  • Continuous monitoring evaluation through
    delivery on strategic plan and operational plan
  • Task Team managing misconduct investigation and
    hearings will report to Minister on Quarterly
    basis until completed.

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THANK YOU
THANK YOU The End
An Age of Hope A National Effort for
Corrections, Rehabilitation and Social
Re-integration of Offenders
An Age of hope a National Effort for
Corrections, Rehabilitation and Social
Re-integration of Offenders
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