Chairperson, Deputy Minister of Correctional Services, members of the Portfolio Committee on Correctional Services and all hon members present here, Acting National Commissioner of Corrections and senior management of the Department of Correctional Services, distinguished guests, comrades and friends, it is nine months since the Deputy Minister and I presented our first budget to this House.
Last year we made a commitment, to you that a great proportion of our work during this term would be focused on the need to accelerate and enhance the transformation of the Department of Correctional Services into an effective and integral component of the rejuvenated criminal justice system of the country. This trajectory for the transformation and integration of the department as a component of the criminal justice system is informed by our assertion that the system of corrections in our country should not only be at the receiving end of the fight against crime, but should be a value- chain stage in the task of ensuring that our people are and feel safe, in line with the objectives of the Justice, Crime Prevention and Security cluster.
We therefore remain focused on the commitment made by the ANC during the Congress of the People in 1955 that "all people shall be equal before the law", and further commit ourselves to ensuring that "imprisonment shall be only for serious crimes against the people, and shall aim at re-education, not vengeance". This has been the basis on which the 2005 White Paper on Corrections was developed.
We believe, therefore, that a focused and deliberate transformation of the correctional system, both in its systemic and organisational foundations, should ensure that emphasis is placed on rehabilitation and successful reintegration of offenders, as opposed to merely providing security incubation during the period of incarceration.
The premise of our policy emphasis as the ANC government is based on our understanding that offending behaviour in our society, including crime, is a reflection of deep-seated social problems sourced from our socioeconomic and political realities, and therein should lie our solutions. This reality is evident in that the majority of our offender population currently is young people, including children as young as 14 years old.
Having continued with more visits to our correctional facilities since our last budget debate, I am even more convinced of the correctness of our policy basis. All our success stories in correcting offending behaviour point to strong participation of offenders in rehabilitation and developmental programmes, including skills development, mentoring and counselling. Of course, there is still room for improvement.
Chairperson, we present this budget as our first step towards a greater emphasis on programmes aimed at correcting offending behaviour and ensuring that the majority of our offenders are readied for reintegration through the active involvement of victims and communities. This is not new thinking, nor is it a paradigm shift, as it is already espoused in the spirit and letter of the White Paper on Corrections. However, henceforth it is going to be our emphasis and basis for policy, planning and operational objectives.
I remain acutely aware and concerned that currently close to 69% of our R15,1 billion budget is spent on the compensation of employees. While our intention is that this balance needs to be reviewed in favour of our commitment to the White Paper, we need to understand that Correctional Services is a people-driven business.
What is required is for us to conduct an analysis of our human resource capacity with a view to determining whether there is optimum utilisation of resources. Part of the work in this regard has started with the migration of noncentre-based staff to the centres as part of the occupation-specific dispensation processes.
If we are to succeed, the department will require a massive investment in developing and implementing the case management cycle and sentence plans for offenders at our centres. This cycle should include the necessary integration of corrections, development and care on the one hand, and community corrections and reintegration on the other.
Later during this introductory address I will outline the main pillars of our intervention plan for the budget programme management of the department, as well as our overall road map towards the realisation of the objectives of the White Paper. But first, allow me, hon members, to highlight progress regarding some of the key pronouncements and undertakings that we made during the presentation of the Budget Vote last year.
We gave an undertaking that we would develop a framework that clearly defined the role that the offenders' labour force can play in the development of communities. This work will help to enhance their skills and social consciousness as well. Work has already begun in this regard.
With regard to the attraction of scarce skills - despite the current budget constraints, particularly with regard to expenditure on the compensation of employees - the department has identified various categories of critical vacancies to be filled during this financial year.
On the issue of the development of a medical parole policy which we had undertaken to do, as per my direction, the policy on medical parole has now been developed and submitted to us by the National Council for Correctional Services. Although it has been our intention to start implementing the policy by the beginning of the new financial year, it has, however, become clear that before this can be done, changes will have to be made to the Correctional Services Act. We will be coming to you, hon members, with regard to those amendments.
On the issue of overcrowding, as indicated last year, it is our view that the problem of overcrowding will not be dealt with through the commissioning of new facilities only. While this can be part of the interventions, the real solution lies in the success of our rehabilitation programmes, the managed release and reintegration of offenders, as well as the integration of processes within the criminal justice system.
As part of our response to overcrowding, I am happy to inform the House that we have appointed a ministerial task team of independent members to conduct an audit of various categories of inmates with a view to determining the status of those inmates regarding their appearance before parole boards, the reclassification of their sentences, the application of the bail protocol, and the conversion of custodial sentences into correctional supervision. The ministerial task team are here in the gallery. Just wave your hands, please, so that people can see you.
The task team will also audit various categories and the status of vulnerable inmates, including the elderly, inmates with psychiatric problems, children and women. With this data at our disposal, it should be possible for us to implement provisions of the law in terms of the release of those inmates who remain in our facilities on minor crimes with bail amounts of less than R1000, and those who are first-time offenders serving sentences of less than 24 months. We will also be able to deal with the cases of those who, in terms of the 1959 Act, have served the requisite period of their sentence allowing for their reclassification, but are yet to appear before the parole boards for the consideration of their individual cases.
As per the decision of the Justice, Crime Prevention and Security cluster, the department will establish a remand detention branch this year to create capacity for the management of all matters relating to awaiting-trial detainees. We have appointed an interdepartmental task team to investigate the modus operandi and to propose a structure for the new branch for our approval.
In the meantime, a video remand court system has been established, which means that awaiting-trail detainees who have their cases remanded do not necessarily have to appear physically in court, but can be linked to the court via this video facility. This will help us to manage both our human and financial resources better.
The Kimberley correctional facility has now been commissioned and handed over to us by the Department of Public Works. The centre will be operated fully by the Department of Correctional Services, and will provide an additional 3 000 bed capacity. We have, however, staggered the transfer of inmates to the facility in order to manage its gradual ramp-up to full capacity.
With regard to the issue of the optimum utilisation of facilities, we have identified small centres with an inappropriately high inmate-staff ratio. We have tasked an audit of these facilities in order to develop a plan for the possible rationalisation of such facilities to ensure optimum deployment of both financial and human resources. We have also commissioned the Council for Scientific and Industrial Research to conduct a determination that will help us to set the optimum sizes for our facilities. We need to have a standardised determination of what the biggest and smallest sizes of centres should be in order for them to function at optimum capacity and efficiency.
On the matter of additional facilities procured through public-private partnerships, I indicated last year my concerns with regard to public- private partnership facilities, and I can report here today that we have decided to proceed with the procurement of four new facilities through the public-private partnership model. It is important that, whatever we do in this regard, the core mandate of the state to manage the system of corrections should be safeguarded. We will be engaging with all parties involved in the current process to take this matter forward.
I have also been concerned that in the conceptualisation of these facilities no provision was made for a dedicated facility suitable for women, or one with the necessary capacity to provide education facilities to juveniles. It is also our intention that a facility that caters for inmates who need psychiatric care should be considered and operated in conjunction with the Department of Health. We have many psychiatric cases in our facilities and these are people who are vulnerable to anything.
Chairperson, we are not happy that escapes continue to happen at our facilities, particularly as it is clear that most of these are as a result of either negligence or collusion on the part of our officials. In the wake of the recent escapes from the Durban Westville Correctional Facility, I have set up an interdepartmental team comprising of the Department of Correctional Services, the police and the National Intelligence Agency to investigate the incident. I have also instructed the department to investigate the problems relating to our surveillance systems with the aim of improving the capacity of our control rooms.
During the next financial year, we will put in place measures to strengthen the security at all our centres. This will include the establishment of proper structures and the chain of command for the emergency security teams, and the enhancement of our fight against corruption. We are particularly keen to see the development of adequate capacity for vetting within the department during this Medium-Term Expenditure Framework period.
Regarding the implementation of the Seven-Day Establishment, as I promised during the last budget debate the Seven-Day Establishment is now fully operational at all our centres. We have, however, experienced some teething and capacity-related problems with regard to the work shift system that is being implemented together with the Seven-Day Establishment, particularly at centres that are understaffed. We intend to continue with the Seven-Day Establishment, and monitor the level of cost-saving benefits due to the reduction of overtime payments. We will, however, allow for flexibility for centres to implement the most suitable shift in order to ensure that there is always adequate capacity for security and service at all our centres.
As part of the compliance improvement plan the department is finalising an electronic monitoring tool to be used to monitor compliance with the Correctional Services Act and the White Paper.
We will continue with the process to realign and redefine our business, support and delivery models in order to improve our budget programme management, planning and monitoring of operational plans and to ensure performance compliance. We are currently in the process of appointing a chief financial officer for the department, and one of the key priorities of the new incumbent will be to review our budget programme structure. This work will also include the reprioritisation that is required in favour of funding our core business, while helping us to avoid wastage and identify immediate opportunities for savings.
Chairperson, we are presenting to you a total budget of R15,1 billion for the first year of the MTEF, further growing at an annual rate of 9,7% over the next three years to R18,2 billion. The budget allocation includes allocations to cover further implementation of the Occupation-Specific Dispensation, an increase in the bed capacity of some of the existing centres, and expenditure relating to the procurement of the additional four public-private partnership correctional centres. Additional funds are also allocated over the MTEF for the Department of Correctional Services vetting field unit and the installation of biometric access and x-ray equipment at 16 facilities.
The implementation of the Occupation-Specific Dispensation, as required by the Public Service Co-ordinating Bargaining Council, resulted in a budget shortfall for the 2009-2010 and 2010-11 financial years. In spite of all this, I want to clarify that the department is not planning to budget for a deficit, as this is not permissible in terms of the Public Finance Management Act. We are, however, going to face financial constraints relating to our current commitments, which include compensation to employees, clothing and feeding of inmates, care for livestock, and our current contractual obligations.
I must emphasise that the department will manage the budget constraints within the provisions of the Public Finance Management Act, as we did with the budget pressure on the compensation of employees' budget for 2009-10.
We will do this through a monthly process where the budget committee will identify savings and reprioritise the allocations to alleviate the budget pressure. We focused attention on cost-saving measures in the past year, and this approach will be sustained and expanded for the financial year 2010-11.
It is our intention to conduct a review of all our contracts, introduce service-level agreements where they do not exist, and strengthen our contract management capacity to ensure deliverables against set objectives, while saving costs.
In the recent past, hon members, I received several enquiries about the work that we have been doing with regard to the report of the Special Investigating Unit. I thought the Budget Vote would be an opportunity once more to clarify this matter, and I hope that I will be putting this matter to rest.
A report following an investigation into allegations of irregularities with regard to the procurement of certain services by the department was received from the SIU on 8 September 2009. The SIU intervention in this investigation was authorised through a presidential proclamation.
As a result of the findings of the SIU, the following steps were taken: Firstly, a disciplinary enquiry has commenced against an official implicated in the report. Secondly, internal steps have been taken to address certain systemic problems identified by the SIU report in the procurement processes of the department - some of which were, in fact, addressed parallel to the investigation. Lastly, the report has been handed over to the National Prosecuting Authority, in accordance with the Special Investigating Unit Act, for further investigation into matters, which may result in the institution of criminal charges.
The NPA has since referred the report to the Serious Commercial Crimes Unit of the police for a thorough investigation of all the matters raised in the report. It is important that we understand that the police should be given the opportunity and space to deal with this matter and determine the process going forward.
Questions have also been raised as to why we have not signed a new contract with the SIU. From where I stand, I need to have a clear understanding of the scope and specific issues for such a new contract, in order to avoid entering into an open-ended agreement for engagement.
Previous experience has shown us that an open-ended contract with the SIU, without a clear determination of the scope and time frames, will result in serious financial implications for the department. The previous engagement, which was supposed to have been for a year, ended up stretching to four years and costing the department a total amount of R36 million. I am sure you will agree with me that, given our current financial situation, we need to consider such financial implications.
In the same breath, hon members, let me also take this opportunity to clarify questions that have been raised with regard to the position of the National Commissioner within the department. We have taken a decision to redetermine the contract of the former National Commissioner in line with and as provided for by law. The contract was due to expire in August 2010 and was redetermined to end at an earlier date - it is preferable that we start the new financial year with a commissioner. The former National Commissioner was accordingly informed of this, and later paid out the remainder of her contract in full. A vacancy therefore exists in the department and we have advertised the position with the intension to fill the vacancy.
We will move with speed during the next financial year to finalise our work aimed at strengthening the system of parole. We are determined that the system of parole should serve to enhance the process of rehabilitation and deal with cases of recidivism. We also intend to revitalise our participation in community safety forums to ensure community participation and facilitate victim involvement in the process of parole. We shall now be appointing parole boards for a new five-year term, starting on 1 July 2010.
Hon members, we welcome the coming into effect of the Child Justice Act, and that children under the age of eight will no longer be incarcerated under our system. It is still my strong resolve, however, that no child of school-going age should remain in our juvenile centres without engaging in some form of learning and teaching. Again, this is in line with our commitment from the Freedom Charter that education shall be free, compulsory, universal and equal.
In addition to this, I have also requested that the department develop a framework for the implementation of programmes that will ensure that there is no offender who does not participate in developmental programmes. This may include work, schooling and vocational training, as per the needs and categories of offenders.
It has been a very painful realisation and eye-opener for me, whilst processing the possible release of certain inmates serving life sentences, that some of the people we were considering for early release never gained any skills or education during their long periods of incarceration. Without exception, these inmates were sentenced in their teens, and are being released at the ages of between 39 and 42 without ever having benefited from the educational and developmental programmes offered at our facilities. It is for this reason that, when they are released, the majority of them are not employable and therefore return to a life of crime.