Judicial Inspectorate of Prisons: Annual Report 2005/6: deliberation

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
18 August 2006
JUDICIAL INSPECTORATE OF PRISONS: ANNUAL REPORT 2005/6: DELIBERATION

Chairperson: Mr D Bloem (ANC)

Relevant documents:
Judicial Inspectorate of Prisons, 2005/06 Annual Report (available at http://judicialinsp.pwv.gov.za)
No new documents handed out

SUMMARY
The Judicial Inspectorate of Prisons had presented its Annual Report for 2005/06 to the Committee on 24 May 2006. It had been briefly discussed, but the issues needed to be discussed in more depth. The key issues identified by Judge Fagan had been the minimum sentence legislation, the level of bail, Court delays, the number of accused awaiting trial, parole provisions, and deaths in prison. Members discussed the pilot project in Port Elizabeth to address overcrowding, and questioned the Report’s conclusion that minimum sentencing contributed significantly to overcrowding. It was clear that the number of awaiting trial prisoners was problematic, and many should be out on bail, but could not afford bail, which was often fixed too high and unrelated to the seriousness of the crime. Terminally ill prisoners should be released on medical parole, but this was not happening, and the Committee should address this at appropriate levels. The Committee was also asked to make strong recommendations on alternative punishments, and to pressure the Justice Cluster of Departments to deal with court delays. Possible renewal of independent prison visitors’ contracts, and the need to recruit more health practitioners were further topics for concern.

MINUTES
The Acting Chairperson announced that since the presentation of the annual report on 24 May, Judge Johannes Fagan had retired and Judge Nathan Erasmus had been appointed to his position.

The Acting Chairperson stressed the importance of the Committee’s work. The Annual Report must therefore be considered most seriously by the Committee, which would have to make recommendations to Parliament, for implementation by the Department of Correctional Services (DCS). He reminded the members that the key issues identified by Judge Fagan were the minimum sentence legislation, the level of bail, Court delays, the number of accused awaiting trial, parole provisions, and deaths in prison – in 2005 there had been 1 554 deaths in prison. One of the issues needing to be considered by the Committee was medical parole for terminally ill prisoners, to combat the high number of deaths in prisons.

Mr N Fihla (ANC) paid tribute to Judge Fagan who had managed to come up with solutions even when facing very difficult issues. He agreed with the statement in the Annual Report that releasing awaiting-trial prisoners was only a short-term solution to the problem of overcrowding. He pointed out that the pilot project in the Port Elizabeth prison to address over-crowding was proceeding well and could perhaps be implemented throughout the country. It was also possible to request a senior prosecutor to decide if a prisoner posed a danger to society, and consider release on parole of non-dangerous prisoners who had been convicted of non-violent and less serious offences. .

Mr Fihla would support the suggestion that terminally ill prisoners could be released on medical parole, if they were continuously monitored by the authorities.

Mr Fihla however questioned the statement in the Report that the minimum sentence was causing overcrowding, as he believed overcrowding was already an issue before the minimum sentence came into force. The Committee should not lose sight that the reason for the minimum sentence was to address the conservatism of some judges, or their reluctance to impose sufficient sentences for serious crimes involving human rights abuses.

The Acting Chairperson did not agree that DCS had failed to implement provisions relating to terminally ill prisoners correctly. He could not understand why people were still dying in prison, and stated that the legislation permitted a prisoner whom a medical practitioner had diagnosed as being in the final phases of any terminal disease or condition to be considered for placement under correctional supervision in order to die a consolatory and dignified death. When Members had visited prisons, they saw prisoners who were about to die. This Committee must ensure that this was not allowed to happen.

Mr Fihla referred to the point on deaths in prison and commented that medical practitioners should recommend health-based correctional supervision for those with full-blown AIDS.

Mr M Cele (ANC) noted that the doctors who diagnosed the prisoners had to be monitored.

The Acting Chairperson noted the comment that problems with overcrowding were exacerbated by awaiting-trial prisoners. There were about 150 000 prisoners, of whom 47.000 were awaiting trial. There was space for only 110 000 prisoners in the 240 prisons of South Africa, but extra space could be freed up if awaiting trial prisoners were housed in other government buildings.

Mr Fihla pointed out that about 13.000 awaiting-trial prisoners were in jail because they could not afford bail. An Accused would only be granted bail if he or she posed little threat to society. It was costly to keep people in prison when they posed no risk. The Committee should look more closely at this category.

Mr L Tolo (ANC) was in favour of alternative punishments, other than prison, for minor offenders and believed the Committee must make strong recommendations, while stressing that minor offences would not be overlooked, but would receive more appropriate sanctions. This would certainly address overcrowding.

Mr Fihla remarked that Independent Prison Visitors (IPVs) had their contracts terminated automatically after three years. He suggested that they should be permitted to continue for a further contract after a positive review of their work.
 
The Acting Chairperson explained that this Committee should assist DCS by suggesting practicable steps to recruit more doctors, nurses and psychologists. There was a shortage of health workers in the prison system, and they were particularly important owing to the high number of HIV-positive inmates. The Committee should also urge DCS to formulate a good plan to fight AIDS. Although DCS held discussions with the Department of Health, matters were not progressing fast enough.

The Acting Chairperson agreed with Mr Fihla that bail was a problem, and was worsened by the fact that the amount fixed for bail often bore little relationship to the crime, particularly in cases of petty theft. Clearly the minimum sentencing legislation would not be altered, and the parole policy for serious criminals should be stricter.

The Acting Chairperson also believed that the Justice cluster (Departments of Justice, Safety and Security and Correctional Services) should be pressurised to deal with the court delays. He acknowledged that maybe some officials, perhaps police officers writing incomplete reports, simply did not realise that their shortcomings caused delays.

The Acting Chairperson agreed that the minor offences should be dealt with by alternative punishments; for instance a minor offender should not spend two years in prison, but undertake two years of community service, perhaps cleaning churches or schools. Minor offenders who were imprisoned would often become more serious offenders on release. He asked Members to consider and present examples of workable alternative punishments.

The Acting Chairperson concluded that further meetings were needed to discuss the issues again. The Civil Society would be invited to give further advice to the Committee.

The meeting was adjourned.