Thank you. Chair and hon members, you will recall that Cabinet took a decision in 2006 to transfer the function of the management of remand detention to the Department of Correctional Services, DCS. In 2009, a Cabinet lekgotla took a decision that there should be a White Paper developed to regulate the management of remand detainees.
The department has dealt with the increasing numbers of awaiting-trial detainees in the centres through the following interventions: With regard to the White Paper on Remand Detention, upon our appointment in 2009, an interdepartmental team was set up to investigate a new system for the management of remand detention.
The task team comprised representatives of the Department of Correctional Services, SA Police Service, State Security, Department of Health, National Prosecuting Authority and the Department of Justice and Constitutional Affairs. The team has developed a White Paper on the management of remand detainees. The White Paper has been approved by Cabinet and is currently going through the parliamentary process.
That White Paper process has also resulted in proposed amendments to the Correctional Services Act. The Bill is currently in the parliamentary process. It proposes a new remand detention branch to specifically focus on the management of remand detainees. It also provides for distinct remand detention facilities to house detainees. Through this Bill, there shall also be provision to regulate the various responsibilities of the security cluster departments that are involved in the management of remand detainees.
Further, the DCS participates in the monthly deliberations of the Justice, Crime Prevention and Security cluster at national, provincial, and local levels, again paying particular attention to overcrowding by remand detainees. Thank you.
Chairperson, in 2005, the United Nations, UN, Working Group on Arbitrary Detention noted that South Africa's awaiting-trial population is placed in conditions that are often far worse than those of convicted detainees, and that the lack of adequate facilities is so blatant that they do not meet minimum standards, even for those suffering from illnesses. This results in the aggravation of health problems and even death for some detainees.
The Judicial Inspectorate for Correctional Services also noted in the annual report of 2009 and 2010 that overcrowding in the Correctional Services facilities leads to unhygienic conditions. The other problem is access to adequate health care. It is limited, resulting in the possible spread of contagious diseases and a lack of treatment for more serious illnesses like HIV/Aids and diabetes.
Having said that, my question is whether the Minister is aware of these observations; and what has been done to improve the conditions of facilities keeping awaiting-trial detainees across our country, South Africa? Thank you, Chairperson.
Yes, I am aware of the United Nations Working Group on Arbitrary Detention that visited some of our facilities. If your memory serves you well, you will know that it resulted in a review process, which was conducted by the Department of Justice and Constitutional Development. That process then gave the results that, amongst others, Correctional Services should then be charged with the responsibility of looking after remand detainees.
In 2006, Cabinet took a decision that we should develop a White Paper. Unfortunately, that could not be done. It was only developed in 2009 after we joined the department. As I said earlier on, that White Paper actually regulates the manner in which remand detainees will be accommodated at our facilities.
It actually seeks to establish dedicated facilities for remand detainees, uniform, security, and many other matters relating to the welfare of the remand detainees. In fact, I am aware that after the Bill has been passed by the National Assembly, it will be presented to the NCOP. I am sure hon members will have the opportunity to interact with some aspects of that Bill, which point to management of remand detainees.
In addition, as you are aware, the White Paper is currently in the parliamentary process. There will, obviously, be public participation processes. There will be public hearings convened by the chairs of the portfolio committees. That interaction will assist and empower members to have a better appreciation for some of the challenges that we have in remand detaining facilities, but also how we are managing them. Thank you.
Thank you very much, Chairperson. Minister, I am sure that you are going to agree with me. Whether we have White Papers and Bills or any other thing, crime is a problem in the country. We can have beautiful laws, but we will never stop this overcrowding and having awaiting-trial detainees. I am sure that you agree with me! It is a problem! It is a very old problem, and we will never stop it now!
So, what was your question?
My question is that I want to hear if the Minister agrees with what I am saying or not. This is a serious problem! Crime is a problem!
Minister, do you agree with the member? That is the question. [Laughter.]
Yes, I agree with the hon member, but I think it is important to note that - I am sure people listened to the Minister of Finance - one of the things that happened this year is that there is money dedicated to the police to fast-track the processes of toxicology tests.
This would mean that there are solutions for some of the people who are on remand detention for long periods, resulting from the inadequate facilities that we have, to verify DNA tests that had been conducted by the police.
The money that has been made available to the police will at least assist them and the entire cluster to reduce, to a certain extent, the high levels of overcrowding in some of our facilities, particularly those of remand detainees. Thank you.
Thanks, hon Chair and thanks, hon Minister. As a follow-up question, Minister, I think you are aware that section 12 of the Constitution of South Africa states that:
Everyone has the right to freedom and security of the person, which includes the right - a) not be deprived of freedom arbitrarily or without just cause;
b) or to be detained without trial.
This supposes the fundamental right to be presumed innocent until proven guilty. Awaiting-trial detainees have not been found guilty of any crime, and the impact on their lives and families is immense. Many lose jobs and their families suffer while they languish behind bars for crimes which they may be acquitted for.
Now my follow-up question here is: What measures has the department put in place to ensure that the state does not arbitrarily violate the constitutional rights of citizens? Does the department have any cases where citizens are suing it for infringements relating to their stay in correctional facilities while awaiting trial? What are the conditions that such people raise? Thank you, hon Chair.
Thanks very much, hon member. Well, it's important to also state that we are in the process of establishing an awaiting remand detention branch within the Department of Correctional Services where you will have management of all of the services that should be provided to remand detainees. That's where these services will be managed.
With regard to people taking us to court, obviously we deal with issues of litigation on a daily basis in the department from both remand detainees and those who are convicted and found guilty of wrongdoing, serving time for different reasons. We do have cases of people who are sick in our facilities, and some of them will claim that they should have a right to go on medical parole. If that does not happen, they will then take us to court.
Some of these people, obviously, are those who were sexually abused or molested at the point of admission at the correctional facilities. It is a matter that we are trying to deal with very aggressively, but it is one of the most difficult challenges. Of course, people have taken us to court for that because in the process they then contract, at times, sexually transmitted diseases, STDs, and HIV.
It is something that happens all the time. It is not something that is uncommon. In any facility, anywhere in the world, this is the biggest problem that you will have. Obviously, things will happen that will lead to a situation where remand detainees will take governments to court. Thank you very much.
Resources available for rural safety plan and request for extra resources to support fight against crime in rural areas, particularly to curb gender- based violence and abuse of children
14. Mr S S Mazosiwe (ANC) asked the Minister of Police:
(1) What is the nature of the resources that are available for the rural safety plan;
(2) whether any requests have been received for extra resources to support the fight against crime in rural areas and on farms, particularly in curbing gender-based violence and the abuse of children; if not, what is the position in this regard; if so, what are the relevant details?