National Assembly - 08 March 2006
WEDNESDAY, 8 MARCH 2006 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 17:53.
The Deputy Speaker took the Chair.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
VACANCY
The Deputy Speaker announced that Mr I F Julies had been nominated with effect from 22 February 2006 to fill the vacancy that arose as a result of the passing away last year of Mr S F Haasbroek. The member had made and subscribed the oath in the Speaker’s office.
INVITATION TO ADDRESS JOINT SITTING
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move:
That the House, subject to the concurrence of the National Council of
Provinces, resolves to invite Mr Kofi Annan, Secretary-General of the
United Nations, to address a joint sitting of the Houses on 14 March
2006.
Agreed to.
The House adjourned at 17:54. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 23 FEBRUARY 2006
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Translations of Bills submitted
(1) The Minister of Finance
i) Addisionele Aansuiweringsbegrotingswetsontwerp (Finansiële Jaar
2005/06 [W 4 – 2006] (National Assembly – art 77)
This is the official translation into Afrikaans of the Additional
Adjustments Appropriation Bill (2005/06 Financial Year) [B 4 –
2006] (National Assembly – sec 77).
COMMITTEE REPORTS
National Assembly
- Report of the Portfolio Committee on Correctional Services on Annual Report and Financial Statements of the Department of Correctional Services for 2004/05:
The Portfolio Committee on Correctional Services, having considered the Annual Report and Financial Statements of the Department of Correctional Services for 2004/05, reports as follows:
A. Introduction
The Portfolio Committee on Correctional Services has scrutinised the
Annual Report of the Department of Correctional Services for 2004/05,
including the Report of the Auditor General.
On 28 October 2005, the Committee met with the Deputy Minister of
Correctional Services and representatives from the Department of
Correctional Services (DCS) to discuss the 2004/05 Annual Report and
Financial Statements of the DCS.
In terms of the Annual Report, the Portfolio Committee notes the
following key issues:
1. The Annual Report 2004/05 provides a clear overview of the
functioning of the DCS for the financial year 2004/05.
2. Targets are clearly identified and reasons have, for the most
part, been provided in instances where targets have not been met.
3. Key targets that were not met during this period, which include:
a. Underspending in the programme of Administration.
b. Number of assaults on prisoners and staff.
c. Number of unnatural deaths in prison.
d. The assessment and profile of offenders as part of its
risk management strategy.
e. The training of 41 000 offenders as HIV/AIDS peer
educators, volunteer care givers and lay counsellors.
f. Number of offenders participating in formal education
programmes.
g. Number of offenders participating in skills development
programmes.
h. Number of probationers and parolees per supervisory
officer.
i Building/ Procurement of New Generation Prisons.
j. Number of prisons being renovated.
In terms of the Report of the Auditor General the Portfolio Committee
notes the following key issues:
1. The Committee is concerned that once again the DCS has received a
qualified audit opinion by the Auditor General.
2. Key areas of concern include:
a. Control Assets – Instead of zero balances reflected at the
end of the financial year, significant balances were still
reflected at year-end.
b. Compliance with laws and regulations - The AG reports non-
compliance by the Department with laws and regulations
relating to overtime and the reporting of financial
misconduct to the National Treasury and the AG.
c. Internal audit - The Department did not submit quarterly
reports as required by Treasury Regulation No. 3.2.7.
d. Information systems audit - The AG reports that the
Department’s security systems are inadequately protected and
the system of internal control and data integrity could be
seriously jeopardised due to a number of weaknesses in the
system. The weaknesses exist because the Department either
does not have standardised security procedures, or its
security procedures are not comprehensive.
e. Medical expenditure - The Department could not provide the AG
with membership records that indicate Members’ number of
dependants and benefit options for January, February and
March 2005.
Areas of Improvement
The AG has concurred with the following areas of improvement
(progress) reported by the accounting officer:
1. The AG reported no unauthorised expenditure by the Department in
the 2004/05 financial year.
2. The Department has effected normal employer’s medical expense c
ontribution (2/3) in line with the rest of the Public Service,
with effect from 1 January 2005.
3. All regions and branches have developed action plans to improve
compliance with internal control measures.
4. Performance contracts of senior managers have been reviewed to
include risk management and compliance with policies. This should
address the problem of lack of commitment by management to
exercise internal control identified by the AG.
5. A Master Information System Plan will be completed soon and
measures are taken to improve security and backup capacities.
6. The Department has started phasing in the 7-day working week
system substantially.
7. Measures are currently put in place to improve personnel well-
being to reduce current levels of disability leave.
B. Presentation by the Department on its Annual Report 2004/5
The DCS made a formal presentation on the Report to the Committee. The
Annual Report of the Department is structured into five parts as per
the guidelines of the Department of Public Service and Administration
and Treasury Regulations i.e.
Part 1: General Information
Part 2: Programme performance
Part 3: Report of the Audit Committee
Part 4: Annual Financial Statements
Part 5: Human Resource Management
The Committee was then briefed on Part 2 of the Annual Report, which
is Programme performance. The Operational areas of the Department are
as follows:
a. Administration.
b. Incarceration.
c. Rehabilitation.
d. Corrections.
e. Facilities management and capital works.
1. Administration
The Department has done significant work in this programme during this
financial year. The development and implementation of the White Paper
contributed to the successes of this programme. The DCS has interacted
with Treasury and other government departments in seeking solutions to
the problem of overtime. Measures have been put in place to ensure
that overtime is properly managed and an agreement has also been
signed with the Trade Unions in respect of the movement from a 5-day
to a 7-day establishment. Certain sections of the Correctional
Services Act were promulgated in October 2004, except for sections
that deal with children, as child matters will be addressed in the
Child Justice Bill. Another highlight was the implementation of
Section 76 and 77 of the Correctional Services Act and the appointment
of community members to serve on the Correctional Supervision and
Parole Boards. The DCS has made headway in exposing corruption amongst
officials. The DCS has also launched its magazine, SA Corrections
Today, as well as DCS logo during December 2004. 36 Centres of
Excellence have been identified during the year and systems for the
operation of the Centres have been put in place.
2. Security
As a measure to improve security within the DCS, biometric security
access systems will be installed in 60 Correctional Centres. This was
prioritised for the bigger Correctional Centres, such as Pollsmoor and
the Centres of Excellence. The DCS has almost completed the vetting of
senior managers and will vett operational staff as well, but because
the DCS is not directly responsible for the vetting of operational
staff, backlogs are experienced. Marginal progress has also been made
in curbing the number of escapes from facilities. Most escapes took
place outside facilities at courts or hospitals. However escapes had
become very violent. The DCS has also introduced a policy on Minimum
Security Standards. A classification system for placement of inmates
in facilities in terms of their security levels has also been
developed.
3. Corrections
This programme functioned mainly around the development of policies
and programmes, which will be implemented this financial year
(2005/6). A training manual for Unit Managers has also been developed.
The Minister, Deputy Minister and the Commissioner participated in
many Imbizos to promote corrections as a societal responsibility.
4. Care
The DCS is registered by the Department of Health for compulsory
community service by psychologists (within the DCS). 24 Hour access to
comprehensive health services for inmates is also being provided. The
DCS complies with providing a three-meal system within the required
timeframes per day. Services, such as psychological, social work and
spiritual care services, has increased during the year under review.
In partnership with external service providers, 1086 inmates have been
trained as HIV/AIDS peer educators.
5. Development
A highlight in this programme is the accreditation of 7 Correctional
Centres as training service providers in terms of the requirements of
the National Skills Development Act. The New Zealand government
donated funds to the Department of Arts and Culture, which was handed
over to the DCS to launch a project called arts and culture against
crime in Kroonstad. INDLELA assisted the DCS with the number of
programmes that were accredited. National Skills Fund provided funds
for improving further learning of inmates. This assisted in the
increase in the average number of offender work opportunities within
the centres.
6. After Care
This programme’s name will be changed to Social Reintegration. This
programme facilitates the continued integration of inmates in
communities and the work and appointments of the Parole Boards. 64% of
parolees and probationers, who had absconded, had been traced. There
is also a continued increase in the number of inmates provided with
material assistance upon release to ensure re-integration.
7. Facilities
During the previous year, the DCS realised it was unable to spend all
capital funds, because the Department of Public Works does repair and
maintenance work on DCS sites. Accordingly, a decision had been taken
to start a programme of building the Departments’ own capacity. This
was piloted at centres in the Western Cape and the Free State, where
the inmates did renovations to the facilities. 245 inmates acquired
critical training and practical knowledge transfer. The DPW upgraded
10 Correctional facilities. A Transactional Advisor has been
appointed to conduct a feasibility study for a new Head Office.
8. Annual Financial Statements
The Auditor General reported no unauthorised expenditure by the DCS in
the 2004/5 financial year. The Department has effected normal
employer’s medical expense contribution (two thirds) in line with the
rest of the Public Service, with effect from 1 January 2005. The
reason for implementing this only at 1 January 2005 is that the end of
the Financial year of Medcor ends in December. The DCS determined
benefits of officials at the end of December. The DCS has also managed
a significant improvement in Asset Control and Management (98% of
total assets of DCS was registered). There was also an improvement of
IT contract management compared to the concern raised by the Auditor
General in the previous financial year. The DCS also geared up its
recruitment strategy to fill vacancies. Other issues of security will
be addressed. The Minister has submitted a report to SCOPA as per the
recommendation of the Portfolio Committee in which the Committee
recommends that a report on Programme of Action of the DCS must be
submitted. Two programmes of the DCS were qualified on two accounts in
that the DCS, over a period of nine months, took a risk of subsidising
Medcor, with the knowledge that at the end of the financial year its
books will not balance. The DCS requested an extension from Treasury,
which was granted. This was done because of the conversion from the
financial management system (FMS) to the basic accounting system
(BAS).
Departmental Budget
The table below highlights Appropriation versus Expenditure:
Programme | Final | Expenditure | Variance | % |
Appropriation | ||||
Administration | 2 655 131 | 2 705 088 | (49 957) | 101.9 |
Security | 2 819 582 | 2 706 205 | 113 377 | 96.0 |
Corrections | 478 601 | 466 318 | 12 283 | 97.4 |
Care | 846 154 | 725 899 | 120 255 | 85.8 |
Development | 380 600 | 310 320 | 70 280 | 81.5 |
After Care | 297 513 | 288 079 | 9 434 | 96.8 |
Facilities | 1 603 927 | 1 524 419 | 79 508 | 95.0 |
Internal | (624 016) | (424 791) | (199 225) | 68.1 |
Charges | ||||
TOTAL | 8 457 492 | 8 301 537 | 155 955 | 98.2 |
Parliament appropriated R 8.4 Billion to the DCS in this financial
year. The actual expenditure was appropriated at R 8.3 billion, which
accounted for 98% of budget. The Department was not able to spend all
funds in specific programmes because of the following reasons:
i) over expenditure in certain programmes, because of inadequate
control measures
ii) filling of vacant posts
iii) inability to work with Department of Public Works to spend capital
budget.
However, the DCS undertook alternative ways to spending these funds
i.e.
(i) The DCS procured external services for the implementation of
biometric access in 60 Correctional Centres, of which a
substantial amount of work will be finalised during November of
this year
(ii) The DCS also used funds, in consultation with Treasury, for the
settlement of a tax liability the DCS had because of subsidies for
medical aid cover of officials.
C. Key areas of concern raised by the Committee
1. Administration
Corruption: Whilst the Committee notes the Department’s efforts in
rooting out corruption, it still exists especially in Correctional
centres amongst inmates and staff. The Committee wanted to know how
the Department plans to address this.
The DCS stated that it has strengthened its investigative capacity and
has identified a number of cases. At a Management Retreat held earlier
this year, it was determined that there was a need to look at the
culture of DCS. Whilst the DCS has a code of ethics, it was not clear
whether officials are familiar with it. The DCS will also look at
harnessing an organizational culture in support of the White Paper on
Corrections as well as encourage the revitilisation of batho pele
within the Department.
The DCS is aware of misbehaviour and corruption in Correctional
Facilities and will focus on the detection and follow up of such
cases. The DCS also urged the Committee to bring such cases to their
attention.
The Committee wanted to ascertain what the DCS targeted official to
inmate ratio is.
The DCS reported that its Interim Promotion Policy would address the
ratio of official to inmate. With the movement to a 7-day
establishment the DCS aims to employ 8300 officials over the next
three years, and has started this process already. The DCS aims to
move staff to more supervisory positions, but this is often difficult
as most of the facilities are old and are not conducive to
Rehabilitation programmes.
The Committee was also interested in the Retention strategy of the
DCS, especially in retaining professionals such as psychologist,
nurses, social workers and educationists. The Committee stated that
whilst it is important that the DCS evaluate its services, the DCS has
a responsibility to retain staff.
The DCS stated that it was a very difficult process to retain
professionals. In the past many professionals flocked to the DCS
because of the overtime benefits, but with the phasing out of
overtime, staff had started leaving the Department. The DCS has
advertised positions for doctors on the level of deputy directors with
a scarce skills allowance, but despite this, the DCS did not receive
any applications. A discussion was held with Treasury to review these
packages.
Whilst the Department of Health advertised scarce skills allowance for
nurses, the DCS could not register the same need, as scarce skills
requires nurses to work in theatres. Not all Correctional Facilities
are in rural areas, but the DCS is in the process of formulating
policies around scarce skills and rural allowances with the
Departments of Public Service and Administration and Public Works.
The DCS upgraded the salary packages of Social Workers during this
year as part of a retention strategy, aligning these with the rest of
the Public Service.
The Committee wanted to know how the DCS planned to boost the morale
of staff, especially after the phasing in of the 7-day establishment
and whether the DCS has an Employee Assistance Programme in place, as
many Correctional Centres experience high numbers of absenteeism and
sick leave.
The DCS stated that it is concerned about the low morale amongst staff
members. Recent research studies had shown that morale of lower level
staff is not as high expected, especially since staff on these levels
was mostly affected by the implementation of the 7-day establishment.
The Department has indeed an Employee Assistance Programme as stated
on page 30 of the Annual Report. A new project to intensify employee
assistance has also been launched at the Drakenstein Correctional
Centre.
The Committee said that the Estimates of National Expenditure
indicated that the DCS aimed at filling 1162 vacant positions and
wanted to ascertain how the recent recruitment drive impact upon the
realizing this target, addressing staff shortages and the
implementation of the 7- day establishment.
The Committee also noted that Recruitment within the DCS has been
outsourced to external agencies and wanted to know if these agencies
are being monitored and adhere to the government policies of
Employment Equity.
The Committee also wanted to know whether the DCS is managing
Overtime.
The DCS has spent R740 million on overtime in this financial year
whilst an amount of R960 million was projected. The DCS was then in a
position to advertise vacant positions, but because of the impact of
overtime payments on the Departmental budget, the filling of these
posts was delayed. During 2005, the DCS filled 4000 vacant positions.
Even though the DCS was threatened with industrial action, it had to
tackle the problem of Overtime and the positive results in its
expenditure trends, is clearly visible.
Many challenges are faced with the massive recruitment drive the DCS
is undertaking, but the DCS reported that it receives regular reports
from the Recruitment agencies in terms of progress and challenges
faced.
2. Care
The Committee wanted more clarity on the roll out of Anti - retroviral
drugs within Correctional Facilities, especially in the light that a
person receives these drugs in the area that he/she is coming from.
This is often very difficult for inmates, as many of them are not
detained in the areas they are coming from, but rather in the area the
crime has been committed. What is being done in this regard?
The DCS has difficulty in obtaining accreditation for the roll out of
anti-retroviral drugs.
3. After Care
The Committee noted that 40% of released inmates receives financial
and material assistance upon release and wanted to know what kind of
material assistance inmates are receiving.
The DCS said that those inmates who participated in specific skills
related training at Correctional Centres receive basic tools to assist
them to operate or seek employment opportunities.
The Committee stated that page 54 of the Annual Report mentions a
number of work opportunities for offenders and wanted clarity as to
whether this number represents offenders or work opportunities.
The DCS responded that the Annual Report set out a target for job
opportunities for offenders for that specific year. The number relates
to those doing duty on any given day at a facility. The DCS managed to
give job opportunities to 65 000 inmates and offered 303 technical
programmes, but not all the programmes are accredited. However, there
is an ongoing relationship between the DCS and certain SETAs (Sector
Education and Training Authorities), FIETA (Forest Industries and
Education Authorities) and MERSETA (Manufacturing, Engineering and
Related Services Authories), who have accredited many of the DCS’
programmes. The Department aimed at having all its centres and
programmes accredited in future.
4. Facilities
The Committee raised serious concerns with regard to Facilities and
Facility management in the DCS. The DCS was asked to give more clarity
on:
a) poor progress made in the building and completion of the New
Generation Prisons (NGs);
b) the cost effectiveness of the NGs;
c) the tender specifications for the NGPs; and
(d) what remedial steps have been taken to address the challenges
faced.
The DCS responded in writing that it had budgeted R350 million for
construction of each one of the four planned New Generation Prisons.
The construction work is planned to commence during the 2005/6
financial year. In all cases except one, bulk earthworks were
completed, i.e. Kimberley, Leeuwkop and Nigel. At the last site in
Klerksdorp, the tendering process combined provision of both
earthworks and construction.
The processes of procuring construction for buildings are done by the
Department of Public Works on behalf of all government departments,
including the DCS. These processes include bulk works. Currently the
DCS is aware that tenders were issued and are in various stages of
adjudication. Therefore until the DPW has finalized the process of
adjudication and awarded tenders to bidders, the matter remains
confidential’.
Pre predictions of the estimated total costs of the NGPs amounted to
R463 million, but when tenders were put out the total costs came to
R609 million per NGP. A number of factors contributed to this i.e. the
increase in the price of steel. The DCS is engaging in discussions
with the Department of Public Works and Treasury to try and come up
with solutions. The reality is that contracts for these prisons had
already been signed and breaching these contracts will impact on the
DCS’ expenditure.
The Committee also raised concerns with regard to the Private Prisons
and asked what the cost differential was between the PPPs and the
public prisons.
The DCS confirmed that operating the PPPs is extremely expensive and
that transaction advisors had been appointed to engage with the two
PPPs in lowering their costs and to renegotiate a contract. The
possibilities to reduce operational costs of these facilities are very
limited. The proposals to recoup some of those expenses included
increasing the capacity at these facilities, but this is still under
negotiation.
5. Rehabilitation
The Committee is aware that Cabinet has approved the White Paper on
Corrections in February 2005 and is interested in whether the DCS has
made any progress in implementing and prioritizing the aims of the
White Paper, since rehabilitation is at the core of the DCS’
priorities.
The DCS responded that there is no reason why it cannot ensure
effective rehabilitation and participation programmes. The DCS is in
the process of harnessing organizational culture in support of the
White Paper and rewards and recognition will be included in this
process. The DCS wants to move away from a culture of locking and
unlocking of facilities. Whilst the ratio of staff to inmates is often
very high, it is important that rehabilitation is effected. The 7-day
establishment would create better opportunities to capacitate the DCS
in realizing this. More time would be spent on working with inmates
than on administrative tasks.
6. Inmate Tracking System (ITS)
The Committee is extremely dissatisfied with the implementation of the
ITS, specifically at the Durban Westville Correctional Centre. The
Committee was of the view that the ITS is for Security purposes, but
at Durban Westville, it is merely used for identification purposes,
i.e. fingerprints and photos. Of grave concern to the Committee is the
lost equipment (8000 tags) that amounted to R7million, and the fact
that the problem had not been addressed as this loss was reported in
February this year. The readers placed on the outside walls of the
facility are often damaged by lightning and these readers are not
insured, whilst the total cost of this contract amounts to R28million.
The Committee was informed that the straps are being cut off and
replaced when detainees go to court and return to facilities. The cost
per strap amounts to ±R3.50 and can escalate to R700.00 per day for
200 offenders attending court daily. This is not a very viable
exercise.
The DCS responded in writing that ‘the initial cost for inmate
tracking were estimated at R28 543 438.56. Today a total amount of R27
193 951.24 has been paid to the Service Provider consistent with
delivery of services. The remaining total of R1 349 487.32 would still
be paid to the service provider for maintenance. Inmate tracking
project is an IJS pilot project aimed at facilitating management and
movement of Awaiting Trial Detainees (ATD) between facilities and the
courts. It also facilitates easy location and placement of ATD within
the holding facilities in the event where they are required for any
specific reason. Phase one of the pilot project was conducted at
Medium A of Durban Westville and phase two at the Johannesburg
management area.
The project aimed to introduce new technologies in the administration
of awaiting trial detainees and therefore required strong management
and focused management change processes. In the case of Medium A of
Durban Westville both management and change management processes,
which are critical to the successes of similar projects, were proved
to have been ineffective. As a result of the staff resistance and
management incapacity, management of the project resulted in loss of
tags that compromised the efficiency of the system. The DCS is
instituting measures to investigate the total impact that poor
management and ineffective change management process has on the
project at Durban Westville. The results of the investigation should
reveal the actual financial loss, the causes of the loss and make
recommendations of the action taken.
The Commissioner has approved the appointment of the Evaluation
Committee whose main aim will be to assess the value of the pilot
project in both centres and recommend to the IJS whether or not the
pilot was a success and required to be extended to other management
areas.
In terms of the management of the pilot, this project is a project of
the IJS and the DCS was appointed as the lead department. Accordingly,
in terms of institutional management of the project, a project manager
and a Task Team were appointed for effective implementation.
Accountability for the success of the project is the sole
responsibility of the Commissioner of Correctional Services.
7. Corrections
The Committee agrees that the high number of ATDs is not the
responsibility of the DCS alone. The Committee reported that the
2004/5 Annual Report of the Inspecting Judge reports 9311 ATD’s with
unpaid bail of less than R1000.00 in Correctional centres. Section 62
(f) of the Criminal Procedure Act is clearly not implemented and yet
the Correctional Services Act empowers a Head of Prison to act in this
regard. What is the DCS doing to ensure the implementation of the
above-mentioned Acts?
The Committee is also concerned with the low number of offenders on
parole and in those sentenced to community corrections.
The Deputy Minister stated petty criminals often become real criminals
in the current system. Deterrents need to be brought into the system.
If this was not possible via the Integrated Justice system, it was
necessary to start driving the process by setting achievable goals. A
sentencing framework which supported the minimum sentencing framework
should be drafted that clearly indicates that a person could not go to
prison for certain offences. More funds need to be invested in
community corrections, in order for Magistrates and Judges to sentence
offenders to community corrections. Harsh sentencing frameworks do not
reduce crime.
8. Auditor General’s Report (AG) and SCOPA Resolutions
The Committee noted that a substantial amount of staff debt is due and
requested clarity on the matter. The AG’s report also reflects that
the DCS has various shortcomings with internal controls despite the
fact that the accounting officer has a documented system of internal
control in place.
The Committee wanted to know what progress has been made in terms of
SCOPA’s resolutions. At a SCOPA meeting on 10 November 2004, the AG
noted that taxes were due by the DCS on medical aid contributions in
excess of R341million. Issues of information technology have also not
been resolved.
The DCS responded both verbally and in writing to the above matters. A
tax liability of R273 821 176.00 was settled by the DCS with the South
African Receiver of Revenue. It should be noted that at the time of
settlement, the SARS waived DCS liability in respect of penalties and
interest to the value of R67 390 281.00. The DCS has ensured
compliance with Schedule 7 of the Income Tax Act of 1962 since January
2005.
Coordination with SITA and Service Level Agreements
The DCS has monthly meetings with SITA to co-ordinate SITA/DCS
activities and the Service Level Agreement. The senior manager of the
two organizations agreed to institutionalize Quarterly Executive
Meetings to address strategic issues and resolve bottlenecks.
The DCS has a Service Level Agreement with SITA on mandatory Services,
as per the SITA Act. This agreement is renewed on an annual basis.
However, in other instances the department sources services from
suppliers that participate in existing contracts with SITA. The SITA
policy obliges individual departments to negotiate their own SLA when
entering in these specific contracts. The Department does have the
required Service Level Agreements applicable in these cases. As
required by the SITA Act, the department has a Business Agreement with
SITA and this agreement is renewable every second year. The current
agreement was renewed this year.
IT and Disaster Recovery Plan
The Operational Plan has scheduled completion of the IT Plan
containing Disaster Recovery Plan for January 2006. There is already
an off- site disaster recovery site that may only need upgrading.
The monies owed in terms of staff debt are due to the fact that many
staff members leave the organization without the necessary deductions
made. The huge amount of monies owed is due to the Judge White
Commission cases where a lot of irregular promotions took place
especially in the Eastern Cape and the former Ciskei. These promotions
had to be rectified and the DCS had to find ways of recovering these
monies.
D. Committee observations and recommendations
The Committee, having considered the Annual Report of the Department,
wishes to make the following observations and recommendations:
1. Administration
a. The Committee recommends that the DCS report back to
Parliament on progress made with regard to its Retention
Strategy and Recruitment drive.
b. The Committee is aware that the DCS will implement its
Promotion Policy by November 2005 and requests that the
Committee be kept abreast of all developments in this regard.
c. The Committee recommends that the DCS report back on the
impact the Jali Commission’s report will have on DCS’
controls and governance.
d. The Committee requests the DCS to provide information on
the Recruitment agencies in terms of implementing Government
policy and its feasibility.
e. The Committee recommends that the DCS’ magazine called SA
Corrections Today, contain information on all policies and
programmes the DCS intends implementing.
f. The Committee also requests a report on the Centres of
Excellence and their operation.
2. Security
a. The Committee requests a detailed report on the
implementation of the biometric access systems, which will
be implemented at the seven biggest Correctional centres as
well as at the Centres of Excellence.
b. The Committee notes the marginal progress that has been
made in terms of curbing escapes, but recommends that the
DCS implement measures to curb escapes en route to courts
and hospitals.
3. Corrections
a. The Committee recommends that the DCS involves members of
the Committee in its Imbizos as the Committee is committed
to playing a role in educating communities on the
reintegration of offenders after release.
The Committee recommends that a detailed report be provided
on the DCS’ assessment and profile tools of inmates and how
this has succeeded.
b. The Committee recommends that the DCS report back on the
impact and efficacy of the parole system after the
appointment of the new Correctional Supervision Parole
Boards.
c. The DCS must also take the initiative in reducing
overcrowding by ensuring that there are no awaiting trial
detainees within prison who do not need to be there.
d. The Portfolio Committee requests a report back from the DCS
on the results of such an exercise.
4. Care
The Committee recommends that the DCS speedily obtain
accreditation for the roll out of anti-retroviral drugs at
Correctional Centres and report back on its successes and
challenges.
5. After Care
The Committee recommends that more stringent measures be taken
with regard to the role community supervision officers play in the
release and reintegration of offenders.
6. Development
a. The Committee requests that the DCS speedily obtain
accreditation for all programmes and courses at
Correctional centers as these play a major role in seeking
employment after the release of offenders.
b. The Committee recommends that the DCS look at measures and
or policies to use its own capacity in building and
maintenance projects.
7. Facilities
a. The Committee recommends that the DCS reports back upon the
finalisation of procurement projects in respect of the New
Generation Prisons.
b. The Committee recommends that feasibility studies be done
in respect of the building of additional New Generation
Prisons, which will be situated in Port Shepstone, East
London, Allandale and Upington and that this be submitted to
the Committee for its consideration and recommendation.
c. The Committee recommends that it be provided with the report
of the transaction advisors who are negotiating the contract
and costs of the Private Prisons.
d. The Committee strongly recommends that the DCS considers
placing juvenile offenders in the Private Prisons, as it is
more conducive to rehabilitation and education of juveniles.
It is senseless to place adult offenders with long sentences
in these facilities.
8. Inmate Tracking System
a. The Committee requests the DCS to present before it the
findings of the investigation into the Inmate Tracking System
as well as the report of the evaluation committee.
b. The Committee further recommends that strong action be
taken against those found guilty, negligent or irresponsible
in the handling and management of the equipment.
c. The Committee recommends that the situation at the Durban
Westville prison be attended to and progress made be reported
to the Committee.
d. The Committee also recommends that any projects, similar
to inmate tracking and or electronic monitoring be tabled
before the Committee for its consideration and
recommendation.
Conclusion
The Committee noted that the Annual Report contains a lot of
unnecessary information. Many of the pages have photographs rather
than information. The Committee is of the opinion that it is very
difficult to compare the Annual Report with the Strategic Plan of the
DCS. What are noted as key departmental objectives in the Strategic
Plan is reflected in the Annual Report as outputs or indicators. This
makes it difficult to compare plans against progress and the format
does not reflect accountability and transparency. The Annual report
also does not reflect end results and impact of projects and audits
undertaken by the DCS. The Annual Report of 2004/5 is merely a “cut
and paste” exercise.
The Committee commends the DCS on successes attained during the
2004/05 financial year and recommends that concrete steps are taken to
address areas, which have been identified as problematic, particularly
those areas of financial management identified as concerns by the
Auditor General.
APPENDIX 1
Attendance: The following members of the Portfolio Committee on Correctional Services attended the meeting:
a. Mr D Bloem (Chairperson) b. Ms LS Chikunga c. Mr S Mahote d. Ms MW Makgate e. Ms W Ngwenya f. Mr MJ Phala g. Ms SP Rwexana h. Mr LJ Tolo i. Mr ET Xolo
The DCS was represented by:
a. The Honourable Ms CE Gillwald - Deputy Minister: Department of Correctional Services b. Mr V Petersen - Chief Deputy Commissioner: Corporate Services c. Mr T Motseki - Executive Manager: Office of the Commissioner d. Mr Andre Fourie - Deputy Director: Performance Management, Branch Corporate Services e. Mr Kriek - Director: Special Remissions and Resettlement f. Mr Sekhonyane - Director: Strategic Planning and Monitoring
Report to be considered.
FRIDAY, 24 FEBRUARY 2006
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
a) Report of the Auditor-General on the findings identified during a
performance audit of the approval and allocation of housing
subsidies at Provincial housing departments, January 2006 [RP 13-
2006].
TUESDAY, 28 FEBRUARY 2006
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Quarterly Report of the Auditor-General on the submission of
financial statements by municipalities and the status of audit
reports as at 31 December 2005 for the financial year ended 30 June
2005 [RP 16-2006].
- The Minister of Arts and Culture
(a) Report and Financial Statements of the South African State
Theatre for 2004-2005, including the Report of the Auditor-General
on the Financial Statements for 2004-2005.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Trade and Industry on the Annual Report of the Department of Trade and Industry 2004/05 – January 2005, dated 1 February 2006:
The Portfolio Committee on Trade and Industry having considered the Annual Report of the Department of Trade and Industry for 2004/5 financial year, Medium Term Expenditure Framework as well as Quarterly Financial Statements, referred to it, reports that it has completed its deliberations on the report.
THURSDAY, 2 MARCH 2006
ANNOUNCEMENTS
National Assembly and National Council of Provinces
-
The Speaker and the Chairperson The Speaker and the Chairperson, on 2 March 2006, called a Joint Sitting of the National Assembly and the National Council of Provinces, as follows:
CALLING OF JOINT SITTING OF PARLIAMENT
The Speaker of the National Assembly, Ms B Mbete, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a joint sitting of the Houses of Parliament for Wednesday, 8 March 2006 at 14:00 to conduct a debate in celebration of the International Women’s Day.
_______________________ ________________________
B MBETE, MP M J MAHLANGU, MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF PROVINCES
Date: ____________________ Date: ___________________
MONDAY, 6 MARCH 2006
ANNOUNCEMENTS
National Assembly
The Speaker
- Referral to Committees of papers tabled
1. The Appropriation Bill [B 2-2006] is referred to the following
portfolio committees for consideration and report on the relevant
parts of the Schedule in terms of their mandate:
a) Arts and Culture;
b) Agriculture and Land Affairs;
c) Correctional Services;
d) Communications;
e) Defence;
f) Education;
g) Environmental Affairs and Tourism;
h) Foreign Affairs;
i) Health;
j) Home Affairs;
k) Housing;
l) Justice and Constitutional Development;
m) Labour;
n) Minerals and Energy;
o) Provincial and Local Government;
p) Public Works;
q) Public Enterprises;
r) Public Service and Administration;
s) Social Development;
t) Sport and Recreation;
u) Safety and Security;
v) Science and Technology
w) Trade and Industry
x) Transport; and
y) Water Affairs and Forestry.
2. The Appropriation Bill [B 2-2006] is referred to the following
joint monitoring committees for consideration in terms of their
mandate:
a) Joint Monitoring Committee on Improvement of Quality of Life
and Status of Women;
b) Joint Monitoring Committee on Improvement of Quality of Life
and Status of Children, Youth and Disabled Persons.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Labour
a) Strategic Plan of the Department of Labour for 2006 to 2009.
- The Minister of Health
a) Strategic Plan of the Department of Health for 2006/07 to 2008/09
[RP 29-2006]. 3. The Minister in The Presidency
a) Strategic Plan of Government Communication and Information System
(GCIS) for 2006 to 2009.
TUESDAY, 7 MARCH 2006
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism on 6 March 2006 in terms of Joint
Rule 160(6)(c), classified the following Bills as money Bills:
i) Appropriation Bill [B 2 – 2006] (National Assembly – sec 77)
ii) Additional Adjustments Appropriation Bill (2005/06 Financial
Year) [B 4 – 2006] (National Assembly – sec 77).
National Assembly
The Speaker
- Referral to committees of papers tabled
1. The following paper is referred to the Portfolio Committee on
Finance and the Portfolio Committee on Public Service and
Administration:
a) Government Notice No R 1105 published in the Government Gazette
No 28226 dated 14 November 2005: Amendment of prescribed fees,
made in terms of section 36 of the Pension Funds Act, 1956 (Act
No 24 of 1956).
2. The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development for consideration, the
committee to confer with the Portfolio Committee on Safety and
Security, if necessary:
a) Notice of Regulations made in terms of section 44(1)(a) of the
Regulation of Interception of Communications and Provision of
Communication-related Information, 2002 (Act No 70 of 2002),
submitted in terms of section 44(4) of the Act.
3. The following paper is referred to the Standing Committee on
Public Accounts for consideration and to the Portfolio Committee on
Public Enterprises:
a) Letter from the Minister of Public Enterprises dated 19
December 2005 to the Speaker of the National Assembly, in terms
of section 65(2)(a) of the Public Finance Management Act, 1999
(Act No 1 of 1999), explaining the delay in the tabling of the
Annual Report and Statements of Denel (Pty) Limited for 2004-
2005.
4. The following papers are referred to the Portfolio Committee on
Education for consideration:
a) Government Notice No 1056 published in Government Gazette No
28159 dated 25 October 2005: National Policy regarding Further
Education and Training programmes: Approval of the amended
schools policy document, namely a resume of instructional
programmes in schools, Report 550 (2005/09), made in terms of
sections 3(4)(l) and 7 of the National Policy Act, 1996 (Act No
27 of 1996), and sections 6(A) and 61 of the Schools Act, 1996
(Act No 84 of 1996).
b) Government Notice No 1175 published in Government Gazette No
28300 dated 7 December 2005: National Policy regarding Further
Education and Training programmes: Approval of additional
Agricultural subjects to be listed in the National Curriculum
Statement Grades 10-12 (General), made in terms of sections
3(4)(l) and 7 of the National Policy Act, 1996 (Act No 27 of
1996), and sections 6(A) and 61 of the Schools Act, 1996 (Act
No 84 of 1996).
5. The following papers are referred to the Portfolio Committee on
Finance:
a) Report and Financial Statements of the Financial Services Board
on the Registrar of Collective Investment Schemes for the year
ended 31 December 2004.
b) Report and Financial Statements of the Financial Services Board
on the Registrar of Pension Funds for 2004.
c) Government Notice No 1179 published in Government Gazette No
28306 dated 7 December 2005: Approval of allocations to
provincial and local government spheres, in terms of the
Division of Revenue Act, 2005 (Act No 1 of 2005).
6. The following paper is referred to the Portfolio Committee on
Public Enterprises for consideration and report. The Report of the
Independent Auditors on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of Denel (Pty) Ltd for 2004-
2005, including the Report of the Independent Auditors on the
Financial Statements for 2004-2005.
7. The following papers are referred to the Portfolio Committee on
Water Affairs and Forestry for consideration and report. The
Reports of the Independent Auditors on the Financial Statements are
referred to the Standing Committee on Public Accounts for
consideration:
a) Report and Financial Statements of Bushbuckridge Water for the
year ended 30 June 2005, including the Report of the
Independent Auditors on the Financial Statements for the year
ended 30 June 2005.
b) Report and Financial Statements of Ikangala Water for the year
ended 30 June 2005, including the Report of the Independent
Auditors on the Financial Statements for the year ended 30 June
2005.
c) Report and Financial Statements of Magalies Water for the year
ended 30 June 2005, including the Report of the Independent
Auditors on the Financial Statements for the year ended 30 June
2005.
8. The following paper is referred to the Portfolio Committee on
Water Affairs and Forestry for consideration:
a) Government Notice No 1180 published in Government Gazette No
28307 dated 9 December 2005: Invitation to submit written
comments on the proposed list of particular trees and
particular group of trees under section 12(1)(a) and (b) of the
National Forests Act, 1998 (Act No 84 of 1998).
9. The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development for consideration:
a) Medium-Term Strategic Framework for the Department of Justice
and Constitutional Development for 2005/06 – 2008/09.
10. The following paper is referred to the Standing Committee on
Public Accounts for consideration:
a) General Report of the Auditor-General on the Audit Outcomes for
2004-2005 [RP 223-2005].
11. The following paper is referred to the Portfolio Committee on
Sport and Recreation for consideration and report. The Report of
the Auditor-General on the Financial Statements is referred to the
Standing Committee on Public Accounts for consideration:
a) Report and Financial Statements of Boxing South Africa for 2004-
2005, including the Report of the Auditor-General on the
Financial Statements for 2004-2005.
12. The following papers are referred to the Portfolio Committee on
Communications for consideration and report:
a) Final Acts of the Plenipotentiary Conference in Marrakesh,
Morocco in 2002 of the International Telecommunications Union,
tabled in terms of section 231(2) of the Constitution, 1996.
b) Explanatory Memorandum to the Final Acts of the Plenipotentiary
Conference in Marrakesh, Morocco in 2002 of the International
Telecommunications Union.
13. The following papers are referred to the Portfolio Committee on
Safety and Security for consideration and report:
a) Proclamation No R.65 published in Government Gazette No 28279
dated 2 December 2005: Notification by President in accordance
with section 25 of the Protection of Constitutional Democracy
against Terrorist and Related Activities Act, 2004 (Act No 33
of 2004).
b) Proclamation No R.66 published in Government Gazette No 28279
dated 2 December 2005: Notification by President in accordance
with section 25 of the Protection of Constitutional Democracy
against Terrorist and Related Activities Act, 2004 (Act No 33
of 2004).
14. The following paper is referred to the Portfolio Committee on
Housing for consideration and report. The Report of the Independent
Auditors on the Financial Statements is referred to the Standing
Committee on Public Accounts for consideration:
a) Report and Financial Statements of Servcon Housing Solutions
(Proprietary) Limited for 2004-2005, including the Report of
the Independent Auditors on the Financial Statements for 2004-
2005.
15. The following papers are referred to the Portfolio Committee on
Transport for consideration and report:
a) The Convention for the Unification of Certain Rules for
International Carriage by Air, tabled in terms of section
231(2) of the Constitution, 1996.
b) Explanatory Memorandum on the ratification and/or accession to
the Convention for the Unification of Certain Rules for
International Carriage by Air.
WEDNESDAY, 8 MARCH 2006
ANNOUNCEMENTS
National Assembly
The Speaker
- Referral to Committees of papers tabled
1. The following paper is referred to the Joint Monitoring
Committee on Improvement of Quality of Life and Status of Women and
the Joint Monitoring Committee on Improvement of Quality of Life of
Children, Youth and Disabled Persons for consideration of the
relevant programmes of the Memorandum:
(a) Memorandum on Vote No 1 - "The Presidency", Main
Estimates, 2006-2007.
2. The following paper is referred to the Portfolio Committee on
Foreign Affairs for consideration and report:
(a) Memorandum on Vote No 3 - "Foreign Affairs", Main
Estimates, 2006-2007.
3. The following paper is referred to the Portfolio Committee on
Home Affairs for consideration and report:
(a) Memorandum on Vote No 4 - "Home Affairs", Main Estimates,
2006-2007.
4. The following paper is referred to the Portfolio Committee on
Provincial and Local Government for consideration and report:
(a) Memorandum on Vote No 5 - "Provincial and Local
Government", Main Estimates, 2006-2007.
5. The following paper is referred to the Portfolio Committee on
Public Works for consideration and report:
(a) Memorandum on Vote No 6 - "Public Works", Main Estimates,
2006-2007.
6. The following papers are referred to the Portfolio Committee on
Communications for consideration and report:
(a) Memorandum on Vote No 7 - "Government Communications and
Information System", Main Estimates, 2006-2007.
(b) Memorandum on Vote No 26 - "Communications", Main
Estimates, 2006-2007.
7. The following papers are referred to the Portfolio Committee on
Finance for consideration and report:
(a) Memorandum on Vote No 8 - "National Treasury", Main
Estimates, 2006-2007.
(b) Memorandum on Vote No 13 - "Statistics South Africa", Main
Estimates,
2006-2007.
8. The following paper is referred to the Portfolio Committee on
Public Enterprises for consideration and report:
(a) Memorandum on Vote No 9 - "Public Enterprises", Main
Estimates, 2006-2007.
9. The following papers are referred to the Portfolio Committee on
Public Service and Administration for consideration and report:
a) Memorandum on Vote No 10 - "Public Service and Administration",
Main Estimates, 2006-2007.
b) Memorandum on Vote No 11 - "Public Service Commission", Main
Estimates, 2006-2007.
c) Memorandum on Vote No 12 - "South African Management Development
Institute", Main Estimates, 2006-2007.
10. The following paper is referred to the Portfolio Committee on
Arts and Culture for consideration and report:
(a) Memorandum on Vote No 14 - "Arts and Culture", Main
Estimates, 2006-2007.
11. The following paper is referred to the Portfolio Committee on
Education for consideration and report:
(a) Memorandum on Vote No 15 - "Education", Main Estimates,
2006-2007.
12. The following paper is referred to the Portfolio Committee on
Health for consideration and report:
(a) Memorandum on Vote No 16 - "Health", Main Estimates, 2006-
2007.
13. The following paper is referred to the Portfolio Committee on
Labour for consideration and report:
(a) Memorandum on Vote No 17 - "Labour", Main Estimates, 2006-
2007.
14. The following paper is referred to the Portfolio Committee on
Social Development for consideration and report:
(a) Memorandum on Vote No 18 - " Social Development", Main
Estimates, 2006-2007.
15. The following paper is referred to the Portfolio Committee on
Sport and Recreation for consideration and report:
(a) Memorandum on Vote No 19 - "Sport and Recreation South
Africa", Main Estimates, 2006-2007.
16. The following paper is referred to the Portfolio Committee on
Correctional Service for consideration and report:
(a) Memorandum on Vote No 20 - "Correctional Services", Main
Estimates, 2006-2007.
17. The following paper is referred to the Portfolio Committee on
Defence for consideration and report:
(a) Memorandum on Vote No 21 - "Defence", Main Estimates, 2006-
2007.
18. The following papers are referred to the Portfolio Committee on
Safety and Security for consideration and report:
(a) Memorandum on Vote No 22 - "Independent Complaints
Directorate”, Main Estimates, 2006-2007.
(b) Memorandum on Vote No 24 - " Safety and Security", Main
Estimates, 2006-2007.
19. The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development for consideration and
report:
(a) Memorandum on Vote No 23 - " Justice and Constitutional
Development ", Main Estimates, 2006-2007.
20. The following papers are referred to the Portfolio Committee on
Agriculture and Land Affairs for consideration and report:
(a) Memorandum on Vote No 25 - " Agriculture", Main Estimates,
2006-2007.
(b) Memorandum on Vote No 29 - "Land Affairs", Main Estimates,
2006-2007.
21. The following paper is referred to the Portfolio Committee on
Environmental Affairs and Tourism for consideration and report:
(a) Memorandum on Vote No 27 - " Environmental Affairs and
Tourism", Main Estimates, 2006-2007.
22. The following paper is referred to the Portfolio Committee on
Housing for consideration and report:
(a) Memorandum on Vote No 28 - "Housing", Main Estimates, 2006-
2007.
23. The following papers are referred to the Portfolio Committee on
Minerals and Energy for consideration and report:
(a) Memorandum on Vote No 30 - " Minerals and Energy", Main
Estimates, 2006-2007.
24. The following paper is referred to the Portfolio Committee on
Science and Technology for consideration and report:
(a) Memorandum on Vote No 31 - "Science and Technology", Main
Estimates, 2006-2007.
25. The following paper is referred to the Portfolio Committee on
Trade and Industry for consideration and report:
(a) Memorandum on Vote No 32 - "Trade and Industry", Main
Estimates, 2006-2007;
26. The following paper is referred to the Portfolio Committee on
Transport for consideration and report:
(a) Memorandum on Vote No 33 - "Transport", Main Estimates,
2006-2007.
27. The following papers are referred to the Portfolio Committee on
Water Affairs and Forestry for consideration and report:
(a) Memorandum on Vote No 34 - "Water Affairs and Forestry",
Main Estimates, 2006-2007.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister for the Public Service and Administration
a) Strategic Plan of the South African Management Development Institute for 2005/06 to 2010/11.
-
The Minister for Agriculture and Land Affairs
a) Strategic Plan of the Department of Agriculture for 2006.
b) Strategic Plan of the Land and Agricultural Development Bank for
2006/7.
c) Strategic Plan of the Commission on Restitution of Land Rights for
2006/7 – 2008.
d) Strategic Plan of the Agricultural Research Council for 2006/7 –
2010/11.
e) Strategic Plan of the Ingonyama Trust Board for 2006/2007.
f) Strategic Plan of the Onderstepoort Biological Products Ltd for
2006 to 2009.
g) Strategic Plan of the Perishable Products Export Control Board.
- The Minister in The Presidency
a) Strategic Plan of Media Development and Diversity Agency (MDDA) for
2006 to 2009.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Finance on the Additional Adjustments Appropriation Bill (2005/06 Financial Year) [B 4 – 2006] (National Assembly – sec 77), dated 6 March 2006:
The Portfolio Committee on Finance, having considered the subject of the Additional Adjustments Appropriation Bill (2005/06 Financial Year) [B 4 – 2006] (National Assembly – sec 77), referred to it and classified by the Joint Tagging Mechanism as a section 77 Bill, and having conferred with the Portfolio Committees on Transport and Public Enterprises, reports that it has concluded its deliberations thereon.