Correctional Services Annual Report 2008/09; Firearms Amnesty by Department of Police

Meeting report

Department of Correctional Services (DCS) Annual Report 2008/09
Dr Joey Coetzee (Deputy Commissioner: Operations, DCS) presented the report on all seven programmes:

Programme: Administration
There were 886 contracts worth R1.148 billion that were awarded. Of those contracts, 743 worth R1.112 billion were awarded to historically disadvantaged individuals. Guidelines to deal with fruitless and wasteful expenditure were implemented. An asset verification process was completed in February 2009. The reasons for the qualified audit report was discussed as well as progress they had made in addressing matters resulting in qualifications in the audit report of 2007/08.

The Correctional Services Amendment Act No. 25 of 2008 was promulgated on 11 November 2008. In the past year, 247 corruption cases were reported. 13 workshops focusing on ethics in supply chain operations were held nationally and were attended by 448 officials. A Gender Strategy and Implementation Plan has been developed and communicated to the Gender Forum and the National Employee Equity Committee. The average turnaround time for the filling of vacancies increased to 210 days. The average percentage of vacancies for scarce skills was 38%. An external service provider was appointed to conduct a baseline organizational survey. Performance indicators were developed in line with the Framework for Management of Programme Performance Indicators (FMPPI) and submitted to the National Commissioner for approval. A Planning and Reporting Forum had been established with Chief Deputy Commissioners and Regional Commissioners. A moratorium on filling of posts could not be sustained in reducing the vacancy rate. There were also some occupational categories that remained a challenge. For example, for positions such as psychologists and pharmacists, more needed to be done to make their remuneration attractive. Implementation of the Occupation Specific Dispensation (OSD) also remained a challenge due to a lack of funds and agreement with labour on principles of the OSD agreement. The change of leadership delayed the process of establishing a professional body for Corrections.

Programme: Facilities
Progress in construction and upgrading of facilities had been recorded. For example, facilities in Brandvlei, Van Rhynsdorp and Warmbokkeveld had been upgraded. The Department was dependent on the Department of Public Works to finalise service delivery standards which informed service level agreements. The Department of Public Works had appointed consultants to undertake the viability studies for Leeuwkop and Pollsmoor. There were 58 projects under construction, 12 on tender, and 14 being planned.

On the matter of awaiting trial detainees (ATDs), bail and overcrowding, DCS had been mandated to take the lead in ensuring an effective system for the management of remand detainees. National action plans and frameworks for both ATDs and sentenced offenders were developed and implemented. In the first quarter of financial year 09/10 the number of remand detainees dropped to 47 016. Overcrowding remained a challenge. Average population level for year 08/09 was 143%. DCS was also serious in managing levels of sentenced offenders through improving appropriate use of conversion of sentence to correctional supervision, release on parole and transfers between correctional centres to establish some degree of evenness of overcrowding. During the first quarter of 09/10 the sentenced offender population increased to 116 089.

Social Integration Programme
The Correctional Supervision and Parole Boards considered 47 362 submissions and approved conditional placement in 22 252 cases. There had been 17 cases referred for review. Four decisions were still outstanding from the Review Board. Guidelines for partnerships with service providers were developed.

Programme: Care
More than 168 784 spiritual care sessions were conducted against a 166 000 target. Comprehensive HIV and AIDS programmes and services were implemented in 50% of the Management Areas. There were 111 115 offenders who had participated in Social Work sessions. This exceeded the set target due to commitment of personnel and involvement of external service providers in service delivery. Psychological services to 10 500 offenders could not be achieved due to resource constraints.

Programme: Development
There were 15 130 offenders who participated in formal education programmes against a target of 22 000. The total national enrollment per subject on the new curriculum – National Certificate – Vocational (NCV) – reached 5 730. The Department generated cash income (R3 330 684) from sales of superfluous agriculture and production workshop products in 2008/09. Wood and steel workshops exceeded targets. Operational managers registered low needs during the needs registration process. This caused large quantities of unscheduled work. Many educators migrated from DCS to the Department of Education because of salary imbalances, and this had a huge impact on the human resource capacity of the department especially for maths and physical science. The number of learners enrolled for Higher Education and Training decreased because of financial constraints. The DCS targets for Sport, Recreation, Arts and Culture was not achieved because of under-reporting by regions, lack of personnel, and shortage of funds.

Integrated and Co-ordinated Justice Cluster Programmes
The department was implementing an integrated National Coordinated Justice Cluster Information System to facilitate more informed strategies, plans, and decision-making. The Department was managing levels of awaiting trial detainees through the Integrated Justice System Case Management Task Team & Inter-Sectoral Committee on Child Justice.

Financial Report 2008/09
Ms Nandi Mareka, Acting Chief Financial Officer: DCS, said that overall over-expenditure incurred in 2008/09 was R483.8m. The over-expenditure mainly resulted from the payment of overtime made to correctional officials in line with the implementation of the Public Service Coordinating Bargaining Council Resolution (PSCBCR) Number 1 of 2007 which provided for the improvement of conditions of service. In the past, the Department used to compensate officials for work done on weekends and public holidays by giving them time-off. The PSCBCR required that the Department pay officials for work done on weekends and public holidays in monetary terms. The National Treasury was informed in advance of the over-expenditure on various occasions. Various measures were put into place to minimize the over-expenditure such as placing a moratorium on the filling of posts and downscaling payments of performance bonuses.

According the Auditor-General’s report, the Department received a qualified opinion on moveable tangible capital assets and moveable tangible minor assets. It also found there was no compliance with certain laws and regulations. Consequently, an action plan was compiled to address the findings of the Auditor-General. The Department implemented LOGIS at all centres and offices. It was a system that had a function that made it possible to trace all adjustments made on the asset register. A guideline on asset reconciliation on LOGIS was developed and a total of 379 officials have been trained on how to perform asset reconciliation on the new system. Asset reconciliation was performed on a monthly basis.

Firearms Amnesty Declaration
Ms Jenni Irish-Qhobosheane, Secretary of Police: Ministry of Police, briefed the Committee on the proposed amnesty for surrendering firearms in terms of the Firearms Control Act for the period 11 January  to 11 April 2010.

She said that the amnesty in 2005 had been an unqualified success. The strategy of the Department was to reduce the number of firearms in circulation so as to combat violent crime. During the previous amnesty, the Department had confiscated 17 665 firearms, 33 723 illegal firearms were handed in under the amnesty, 46 631 licensed firearms were voluntarily surrendered, and 98 631 firearms in total were removed from circulation.

The Department aimed to advocate the voluntary surrender for destruction of licensed firearms through the process prescribed in the Firearms Control regulations. It would conduct operations to search and seize illegal firearms, and allow for people who had missed the cut-off date for licensing to license their weapons under certain circumstances. The surrender of licensed firearms would be performed in terms of the Firearms Control regulations through a formal process in order to have the license cancelled. The amnesty also called for an anonymous procedure whereby, subject to control and audit measures, a firearm might be surrendered anonymously. No compensation would be paid for the surrender of a firearm, whether legal or illegal.

The amnesty would focus on individuals who had knowledge of the whereabouts of firearms and ammunition. This would involve manufacturers, gunsmiths, private security firms, firearm dealers with surplus, obsolete and redundant firearms, ammunition and firearm parts, storage facilities where firearms and ammunition were stored, and individuals who stored firearms or their parts without legal authorization to do so.

Discussion
Messrs Chaane and Matila (ANC) asked the Department of Correctional Services to explain the real reason behind the over-expenditure.

Ms Mareka re-iterated that the over-expenditure was a result of overtime payments made to correctional officials in line with the implementation of the Public Service Coordinating Bargaining Council Resolution (PSCBCR) Number 1 of 2007. It required that the Department pay officials for work done on weekends and public holidays in monetary terms.

Mr D Bloem (COPE) asked how long would the Acting CFO and Acting National Commissioner be “acting”. He requested an explanation for these two portfolios have acting officials, and he asked when the 4 000 vacancies would be filled.

Ms Jenny Schreiner, Acting National Commissioner: Department of Correctional Services, explained the National Commissioner was on leave pending a disciplinary hearing. The CFO had resigned.

Ms Linda Bond, Divisional Commissioner, Human Resources Management: DCS, said these critical posts would be filled as soon as possible. For Level 1- 12 posts a moratorium was in place to look into the filling of those vacancies.

Ms Schreiner explained that the matter of vacancies was being taken into consideration. It was part of the strategy of the Department. PSCBCR Resolution 1 of 2007 had made a big contribution to this problem.

Messrs Nzimande and Nesi (ANC) wanted to know what the Department was doing about the growing number of gangsters and the good life drug-lords were enjoying while in prison.

Ms Schreiner stated that the anti-gang strategy had not been approved yet. Stakeholders involved were working tirelessly with the Task Team to refine and finalise it.

Mr James Smalberger, Western Cape Regional Commissioner: DCS, added that the situation was very complex. The gangsters also had their own strategies and network. They were dynamic. The more the Department was trying to close them down, the more they developed sophisticated methods of counteracting them.

Mr H Mokgobi (ANC) asked if the qualified audit opinion the Department had received was related to the CFO who had resigned.

Ms Mareka replied that this was not the case. The Department was addressing the deficiencies. The complexities around the qualifications were different. Some of the issues were systemic and the Department was experiencing capacity constraints in dealing with matters related to assets.

Mr M Makhubela (COPE) asked the Department to explain what it meant by “code enforcement” and timelines it had for misconduct by officials.

Ms Schreiner replied that code enforcement meant a disciplinary process. Timelines were in place but sometimes some matters could not be finalised within the set timelines. However, information was sent to Regional Commissioners, and the new Minister was fast-tracking the issue of timelines.

As many of the questions required investigation and a thorough explanation, the Department asked to reply in writing to the Committee. The Chairperson agreed and requested a written response within seven working days.

On the matter of the firearms amnesty, Mr A Matila asked if the three-month period was long enough to educate the communities about the issue.

Ms Qhobosheane replied that it was. As soon as the Committee agreed to the declaration of an amnesty, a communication strategy would be employed to educate communities.

The Committee approved the Firearms Amnesty Declaration.

Meeting adjourned.