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DEPARTMENT OF CORRECTIONAL SERVICES ANNUAL REPORT 2008-09 SELECT COMMITTEE 04 NOVEMBER 2009

DEPARTMENT OF CORRECTIONAL SERVICES ANNUAL REPORT 2008-09 SELECT COMMITTEE 04 NOVEMBER 2009. CONTENTS. Focus Areas Programme Administration Programme Facilities Awaiting Trial Detainees / Bail / Overcrowding Programme Social Reintegration Programme Care Programme Development

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DEPARTMENT OF CORRECTIONAL SERVICES ANNUAL REPORT 2008-09 SELECT COMMITTEE 04 NOVEMBER 2009

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  1. DEPARTMENT OF CORRECTIONAL SERVICES ANNUAL REPORT 2008-09 SELECT COMMITTEE 04 NOVEMBER 2009

  2. CONTENTS • Focus Areas • Programme Administration • Programme Facilities • Awaiting Trial Detainees / Bail / Overcrowding • Programme Social Reintegration • Programme Care • Programme Development • Integrated and Co-ordinated Justice Cluster Programmes • Regional Specific Issues • Conclusion

  3. PROGRAMME ADMINISTRATION • 886 contracts to the value of R 1, 148 billion awarded • 743 with a value of R1,112 billion awarded to historically disadvantaged individuals • Guideline to deal with fruitless and wasteful expenditure implemented • Six (6) cases of irregular expenditure reported • Asset verification process completed in February 2009 • Matters of qualifications reduced by 75% as the Audit Report of 2006/2007 had four (4) qualifications while the Audit Report of 2007/ 08 had only one (1) qualification

  4. PROGRAMME ADMINISTRATION • No qualifications on accruals in the Audit Report for 2007/08 • Correctional Services Amendment Act no 25 of 2008 promulgated on 11 November 2008 • Date of commencement of the Amendment Act is 1 October 2009 except for sections 21, 48 and 49 • 94 legal opinions • 804 litigation cases handled • claims = 175 • motions = 235 • arbitrations = 394

  5. PROGRAMME ADMINISTRATION • 247 corruption cases reported • 104 cases closed • 28 cases referred to Code Enforcement • 53.44% cases investigated • 46.66% still under investigation • 13 workshops focusing on ethics in supply chain operations held nationally with 448 officials attending • Sanctions imposed • 17 cases carried over from previous financial years (13 officials dismissed from these 17 cases) • 39 cases finalized with 13 officials being dismissed • 4 cases withdrawn before the hearing due to lack of evidence

  6. PROGRAMME ADMINISTRATION • 5 acquittals • 18 cases in progress • 350 officials implicated in medical aid fraud to pay back R6 354 100 and were given final written warnings • 6 Training workshops held nationally with 155 officials trained as Chairpersons / Initiators • Departmental Bargaining Chamber (DBC) in support of the amendments proposed in Performance and Career Management Policy – Based on this Resolution 1 of 2008 was negotiated and signed with labour unions • Gender Strategy and Implementation Plan developed and communicated to the Gender Forum and the National Employee Equity Committee (NEEC)

  7. PROGRAMME ADMINISTRATION • 4713 officials inducted on mainstreaming of gender equality within the Gender Empowerment Strategy • PALAMA facilitated training of a further 23 officials on gender mainstreaming • Average turnaround time for the filling of vacancies increased to 210 days • Average percentage of vacancies for scarce skills is 38% • Medical Practitioners: 20% • Pharmacists - 42% • Psychologists - 68% • Social Worker: 34% • Nurses: 26%

  8. PROGRAMME ADMINISTRATION • External service provider appointed to conduct the baseline organisational culture survey • Change management intervention plan not developed – awaiting outcome of the culture survey • OSD for Nurses • 736 professional nurses were translated to the OSD for Nurses • OSD for Social Workers • 13 Job Descriptions developed - 7 graded for this OSD through the National Department of Social Development. • OSD costed - figures submitted to DPSA and National Treasury • OSD not implemented - agreement still negotiated in GPSSBC

  9. PROGRAMME ADMINISTRATION • OSD for legally qualified personnel in process of being approved • OSD for Artisans and Engineers • Inputs have been provided to DPSA with regard to the costing of the OSD to enable a submission to the Mandating Committee • 791 Interns appointed instead of 5% of total establishment - financial constraints • 659 junior and middle managers completed junior and middle management training • 134 senior managers trained • 534 investigators trained • 310 officials trained in Restorative Justice • 17 food handlers trained

  10. PROGRAMME ADMINISTRATION • 2436 entry level officials trained • National Relationship Building by Objective (RBO) Monitoring Committee established • Design phase of the Remand Detainee and Offender Management System completed • Tender awarded to service provider for development of Remand Detainee Offender Management System (RDOMS) • Integrated Corporate Services System (Project Phetogo) equipped • Integrated Legal System (Lesedi 2) (Code Enforcement and Employee Relations) is operationalIntegrated Legal System (Lesedi 3) (Legal Services) System complete and training undertaken • An overarching DCS communication strategy has been approved

  11. PROGRAMME ADMINISTRATION • Performance indicators developed in line with FMPPI and submitted to National Commissioner for approval • Project Management Guidelines available • Project Management procedures and Project Portfolio Management procedures submitted for approval • Regional Commissioner's Forum (RCF) Charter approved • RCF reporting framework developed • Planning and Reporting Forum established with Chief Deputy Commissioners (CDCs) and Regional Commissioners (RCs) • Compliance Improvement Plan (CIP) implemented - inspections conducted on existing CIP

  12. PROGRAMME ADMINISTRATION Reasons for Major Variances • Moratorium on filling of posts 1 August 2008 - momentum in reducing vacancy rate could not be sustained • Moratorium on the filling of non-critical posts from 1 August 2008 to mitigate against the over expenditure that was foreseen - largely emanating from implementation of PSCBC Resolution 1 of 2007 with respect to the payment of overtime • Average vacancy rate in scarce skills category below the service delivery target of 50% - attributed to effective counter offer and head hunting strategy and implementation of OSD for Nurses • There are occupational categories that remain a challenge e.g. Psychologists and Pharmacists where more needs to be done to make the remuneration offered more attractive

  13. PROGRAMME ADMINISTRATION Reasons for Major Variances • Compensation still primary reason for voluntary exits in addition to the challenges associated with correctional centre working environment • Challenge with implementation of OSDs • Lack of funds to implement OSDs • Lack of agreement with labour on principles of OSD agreement • Absence of clarity regarding middle management nurses • No signed resolution on the OSD for Social Workers • Department of Health issued letter stating all OSDs which fall under Public Health Social Development Sectoral Bargaining Council (PHSDSBC) must be kept on hold until 2009 / 2010 - no funds allocated in financial year of reporting

  14. PROGRAMME ADMINISTRATION Reasons for Major Variances • Change of leadership delayed process of establishing professional body for Corrections • Delay also caused by change in legislation (NQF Framework Act)

  15. PROGRAMME : FACILITIES • Progress on Construction and Upgrading of Facilities • Kimberley facility – At end of 08/09 financial year 87% completed – Final value for construction : R 823 m – Accommodation gain : 3 000 beds • Progress with upgrading of three other facilities, i.e. Brandvlei, Van Rhynsdorp, Warmbokkeveld • Brandvlei – At end of 08/09 financial year 14% completed – Final value for construction : R 287 m – Accommodation gain : 346 beds – hot spring used for heating water for facility • Van Rhynsdorp – At end of 08/09 financial year 58% completed – Final value for construction : R 193 m – Accommodation gain : 328 beds – solar panels used for heating water (saving of R 6 million over 10 years) • Warmbokkeveld – At end of 08/09 financial year 16% completed – Final value for construction : R 182 m – Accommodation gain – 262 beds

  16. PROGRAMME : FACILITIES • Dependent on Department of Public Works (DPW) to finalize service delivery standards which informs the service level agreement • DPW appointed consultants to undertake the viability studies for Leeuwkop and Pollsmoor • 58 projects under construction, 12 on tender and 14 under planning • Project funds allocated by DPW – Impact on progress

  17. AWAITING TRIAL DETAINEES / BAIL / OVERCROWDING • DCS mandated to take the lead in ensuring an effective system for the management of remand detainees • End of 08/09 Financial year total remand detainees at 49 477 • National action plans and frameworks for both ATD’s and sentenced offenders developed and implemented • Actions resulted in the following successes already achieved during the 1st quarter 2009/10: Awaiting Trial Detainees • Applications to courts: • 3 222 Applications made ito Section 63A of CPA • 2 984 Applications made to court ito Section 63(1) of CPA

  18. AWAITING TRIAL DETAINEES / BAIL / OVERCROWDING • SUCCESSES • 812 ATD’s released ito Section 62 • 2 033 ATD’s released under correctional supervision ito Section 62 (f) • 86 Children placed under correctional supervision ito Section 71 • 991 Children released on warning/cases withdrawn ito Section 72 • 593 Plea bargaining cases referred to court ito Section 105A of which 335 cases were concluded • In 1st quarter of 09/10 financial year number of remand detainees dropped to 47 016

  19. AWAITING TRIAL DETAINEES / BAIL / OVERCROWDING Overcrowding • Remains a challenge • Average population level for 08/09 financial year - 143% • Sentenced offenders at end of 08/09 financial year 115 753 • Action plan of Department resulted in following activities achieved during the 1st quarter 2009/10: • 931Offenders sentenced directly to correctional supervision • 1 288 Offenders placed under correctional supervision after serving 1/6 of sentence • 2 334 Fine cases placed under correctional supervision

  20. AWAITING TRIAL DETAINEES / BAIL / OVERCROWDING Overcrowding • 374 Offenders’ sentences converted to correctional supervision • 8 724 Offenders placed on parole • 3 934 Inter-centre transfers to ensure evenly distribution of offender population • Department serious in managing levels of sentenced offenders through improving appropriate use of conversion of sentence to correctional supervision, release on parole & transfers between correctional centres to establish some degree of evenness of overcrowding • However, sentenced offender population increased during first quarter of 09/10 financial year to 116 089

  21. PROGRAMME : SOCIAL REINTEGRATION • Correctional Supervision and Parole Boards (CSPB) considered 47 362 submissions and approved conditional placement in 22 252 cases (46,98%) • 17 cases referred for review • Decision of CSPB was cancelled in 8 (61,5%) cases and confirmed in 5 cases • 4 decisions still outstanding from the Review Board • 12 296 cases where minimum detention date expired and no recommendation for parole made by CMCs to Parole Boards • 10 966 violations against target of 10 780 - target not met • 1 664 absconders for financial year • 223 community service orders implemented • Guidelines for partnerships with service providers developed

  22. PROGRAMME : SOCIAL REINTEGRATION Reasons for Major Variances • Implementation of alternative strategies to incarceration dependent on other stakeholders - impacts on targets set • Significant advancement made in obtaining cooperation and buy in from relevant stakeholders

  23. PROGRAMME : CARE • 116 115 offenders participated in Social work sessions - higher than 101 000 target • More than 168 784 spiritual care sessions conducted against 166 000 target • Comprehensive HIV and AIDS programmes and services implemented in 50% of the Management Areas • 72 746 offenders participated in HIV and AIDS sessions against the 19 500 target • Terminally ill offenders resulted in focus being on medical parole – audit done

  24. PROGRAMME : CARE Reasons for Major Variances • Social Work Services: Target of 101 000 sessions exceeded due to commitment of personnel and involvement of external service providers in service delivery • Spiritual Care: Actual achievement of 168 784 exceeded target of 166 000 sessions, due to appointment of seven new Chaplains in Regions and training of Spiritual Care Staff on policies, procedures and services level standards

  25. PROGRAMME : CARE Reasons for Major Variances • Psychological Services: Target of 10 500 offenders seen by psychologists not achieved due to resource constraints - number of psychologists dropped from 33 in April 2008 to 22 in March 2009 • Six resignations • Five completion of community service • Health Care Services: Health survey not conducted -financial constraints

  26. PROGRAMME : DEVELOPMENT • 15130 offenders participated in Formal education programmes against target of 22 000 • 108887 offenders participated in SRAC programme against target of 116 600 • Total national enrollment per subject on the new curriculum – National Certificate (Vocational) – 5 730 • Offenders utilized in Production Workshops April 08 - Feb 09 - on average 1834 offenders per day - decrease of 33,1% on May 2005 baseline of 2 74 • Agriculture - average of 2 960 offenders per day April 08 - Feb 09 - increase of 19,7% over the baseline of 2 471 of May 2005 • Generated cash income from sales of superfluous agriculture and production workshop products for 08/09 financial - R3 330 684 (124,44% of the baseline)

  27. PROGRAMME : DEVELOPMENT Reasons for Major Variances • Wood and steel workshops exceeded targets - operational managers registered low needs during the needs registration process - caused large quantities of unscheduled work • Attainment of the egg production - problems with supply of lay hens solved - units were stocked according to their capacities • Decrease in number of offenders utilized in production workshops caused by vacant artisans posts • Bakery at Baviaanspoort not functioning during financial year due to upgrading and problems experienced with purchasing of electrical cable • Vegetable production negatively influenced by excessive autumn rains in summer rainfall areas as well as abnormal winter rains in Western Cape

  28. PROGRAMME : DEVELOPMENT Reasons for Major Variances • Broiler production adversely affected - Zonderwater broiler project not successful in obtaining tender for supply of day old broilers - tender only finalized in November 2008 • Funds shortage - Processable Materials, Plant Production and Animal Production • Problems experienced on operational level with the implementation of LOGIS (the new logistics system) - impacted negatively on provisioning of raw materials/production inputs • Fertilizers, seeds, pesticides and vaccines could not be procured timeously - impacted on production

  29. PROGRAMME : DEVELOPMENT Reasons for Major Variances • National Curriculum Statement (NCS) resulted in decrease in enrolment figures - DCS Centres do not meet the requirement as set by the DoE as full time schools • Migration of educators from DCS to DoE due to salary imbalances - impacted on DCS human resource capacity especially Mathematics and Physical Science • Number of learners enrolled for Higher Education and Training decreased - financial constraints - learners do not have financial aid or bursaries • Relocation of offenders resulted in a large drop out rate - many could not write final examinations

  30. PROGRAMME : DEVELOPMENT Reasons for Major Variances • Target for Sport, Recreation, Arts and Culture (SRAC) not achieved - under reporting by regions - shortage of SRAC personnel - lack of skilled personnel - shortage of funds - SRAC programmes performed as ad hoc tasks - lack of infrastructure

  31. INTEGRATED AND CO-ORDINATED JUSTICE CLUSTER PROGRAMMES Justice Crime Prevention and Security Cluster (JCPS) • Implementing an integrated National CJS Information System (IT infrastructure and national database) to facilitate more informed strategies, plans and decision-making • Managing levels of awaiting trial detainees (ATD’s) through Integrated Justice System Case Management Task Team & Inter-Sectoral Committee on Child Justice • Form part of the secretariat of the Office for the Criminal Justice System Review (OCJSR)

  32. REGIONAL SPECIFIC ISSUES • Western Cape – Manning of Control Rooms • Gauteng – Cable theft • KZN – Unnatural death of offenders as a result of beatings - Increase in gang activities - Overcrowding • LMN – Water supply to some Correctional Centres (Thohoyandou) • Eastern Cape – State of facilities – in particular in former Transkei • Free State / Northern Cape – Appointment of Parole Board Chairpersons

  33. CONCLUSION • 2008/09 financial year posed number of challenges to Department: • Overcrowding of correctional centers - impacts negatively on service delivery • Down management of remand detainees • Lack of stability at senior management level • Medical Parole • Department tried to deal with these challenges as effective as resources allowed it to do • Amidst challenges – also successes: • Continuous down management of escapes (65 in 08/09; 79 in 07/08) • Significant improvement in delivery of social work services to offenders

  34. Together doing more to break cycle of crime

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