Thank House Chair, as I was saying, the portfolio committee was briefed on the BOSASA scandal as early 2009, and yet no action was taken at all, in deed the contract was renewed there after despite what the Special Investigating Unit discovered in that connection. The same is true of the SA Gate and Fence contract. The
same is true often the contract that was awarded, at vast cost, for inmate tracking devices.
For Parliament to fulfil its responsibilities, the portfolio committee needs to be rigorous and independent. Part of the reason that the DCS allowed itself to be used and abused by BOSASA was that the portfolio committee was chaired by a member who himself received gratuities from BOSASA. It was not only the state that was captured; Parliament was nearly captured as well and that is the thing we to take very seriously.
The biggest challenge facing the DCS was and still remains overcrowding. Across the entire department, overcrowding sits at 140%, and roughly one third of our prisons are overcrowded. Many are more than 200% overcrowded. Sun City, for example sits at 233% overcrowding. This makes enforcing discipline difficult, if not impossible. In most of these cases, it is the gangs that are in control, and offenders emerge better trained criminals on their release than when they were incarcerated in the first place.
Overcrowding also constitutes a huge security risk to the DCS officials working at the "coalface" - that is, in the sections, we salute the many brave officials who work under difficult and
dangerous circumstances. South Africa has one of the highest imprisonment rates in the world at 286 prisoners per 100 000 of population. So, overcrowding remains the first and most urgent problem to be solved. Yet a solution has evaded us for least the last 50 years at
Shortly after democracy and again in 2005, special presidential amnesties were declared. These resulted in short term relief, but soon occupancy rates climbed again. Overcrowding is fuelled by large numbers of remand detainees who cannot post bail; by the minimum sentencing regime, which keeps offenders in prison even after they are as rehabilitated as they ever will be in the facility; by repeat offending by people who, because of their criminal records, cannot find work after their release; and by the overuse of short sentences by magistrates.
The principle should be in all our prisons that prisons work where prisoners were and therefore every prisoner should as far as possible be either studying, working or engaged in the rehabilitation programme for eight hours everyday.
There are many thousands of offenders serving sentences of less than two years. Such offenders receive absolutely no rehabilitation
programmes. They simply sit while they are tutored by gangsters to be better criminals. It is also not clear whether a sentence of two years or less serves as any sort of deterrent at all. So, we must think out of the box. We must dare to do things differently.
The President is the chief author of the National Development Plan. About overcrowding, the NDP has the following to say: The best, practical and necessary way to address overcrowding is through assessment, categorization and placement of prisoners in out of prison sentence programmes and correctional supervision based on clearly defined and objective criteria. Alternative sentencing regimes should be addressed with the Department of Justice and Constitutional Development, and the efficacy thereof monitored on a regular basis".
So, here's what could be done. First, we require a revamped and thoroughly professional community corrections branch that commands the confidence of the judiciary, who will make sure that out of prison sentences are carried out to the latter. We need to resource the branch properly so that they can carry out their functions properly.
Secondly, we need a suite of alternative sentences - community service, house arrest, fines and so on, which should be imposed instead of imprisonment, particularly for first time, young and non violent offenders. More over any judicial officer should have to provide compelling reasons why he or she imposed a sentence of imprisonment of less than two years, instead of a non custodial sentence.
Thirdly, we should conclude a prison transfer agreement within the Southern African Development Community, SADC, bloc, which would see sentenced inmates serving out their sentences in their land of nationality, rather here in South Africa. When I last asked the question, there were about 12 O00 inmates from SADC countries serving sentences in South African prisons.
Fifthly, as a nation, we need to have an honest conversation about minimum sentences, and the minimum proportion of a sentence an inmate must serve before becoming eligible for parole. One absolutely understands the rage that society at the wave of crime has confronted us, but there is also understandable desire for vengeance. But a prisoner sentenced for life is unlikely to be any more rehabilitated after 25 years which is the minimum period they must serve before become illegible for parole then he or she is
after say 14 years. It depends on the individual, and the careful and professional assessment of whether or not he or she is like to reoffend.
While on the subject of release on parole, it is very important that the correctional services facilities inform the police when people are due to be released on parole for probation, because there is a definite knock on the fact when they are released, some offenders go on the streets, go back to the gangs and start gang warfare. In this connection the latest tragedy in the Cape Flats is something that we should take very care for cognisance of.
Finally, we also need to have an honest conversation about possible the expungement of criminal records, again principally for the young, first time and nonviolent offenders. This would have to be very carefully and professionally done, but it is very difficult to find a job in South Africa in any circumstances today. With a criminal record, it's virtually impossible. So, no matter how successfully an inmate participates in rehabilitation programmes, no matter how reformed or reskilled he or she is on release, jobs are simply not available with a criminal record. Such people inevitably reoffend, and return having committed more and more serious offences. These, I admit are very difficult and complex issues,
which are not popular with the public for understandable reason. But unless we can solve them, and solve them in a constructive way our prisons will remain universities of worse serious crime. I thank you.
Tshivenda: