BRIEFING TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES

1. BRIEFING TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ASSESSMENT OF ACTIONS AND PROGRESS ON THE IMPLEMENTATION OF THE CRIMINAL JUSTICE SYSTEM SEVEN POINT PLAN WITH SPECIFIC FOCUS ON ASPECTS RELEVANT TO DCS 11 February 2014

2. PRESENTATION OUTLINE The CJS Review: Background CJS Seven Point Plan Implementation The Seven CJS Focus Points (Change 1 – 7) Conclusion

3. A. The Criminal Justice System Review: Background • The Criminal Justice System Review (CJS Review) was initiated by the Cabinet in 2007. The aim was to transform the Criminal Justice System (CJS) from a fragmented, unfocussed and broken system into a fully effective and efficient integrated system that deals with the end-to-end CJS value chain. • The integrated proposals that emanated from very detailed and robust research, analysis and in-situ inspections of all components of the CJS resulted in approval by Cabinet of the CJS Seven Point Plan and CJS Review Terms of Reference (TOR). • In his February 2008 State-of-the-Nation Address concerning the South African Criminal Justice System the President said: • “Cabinet has agreed on a set of changes that are required to establish a new, modernized, efficient and transformed criminal justice system.  Among other things, this will entail setting up a new coordinating and management structure for the system at every level, from national to local, bringing together the judiciary and magistracy, the police, prosecutors, correctional services and the Legal Aid Board, as well as other interventions, including the empowerment of the Community Police Forums”.

4. CJS Review Role Players: • The CJS Review forms part of the work of the Justice Crime Prevention and Security Cluster (JCPS) and is aligned to the JCPS Delivery Agreement. • The implementation of the CJS Seven Point Plan is coordinated by the Office for the Criminal Justice System Review (OCJSR) located within the Department of Justice and Constitutional Development and is underpinned by an intersectoral Secretariat, where the following Justice Crime Prevention and Security (JCPS) cluster departments are represented: • Department of Justice and Constitutional Development (DoJ&CD) • South African Police Service (SAPS) • National Prosecuting Authority (NPA) • Department of Correctional Services (DCS) • Legal Aid South Africa (Legal Aid SA) • National Department of Health (NDOH) • Other departments (invited as and when required) A. The CJS Review: Background (continued)

5. A. The CJS Review: Background (continued) • Strategic Approach • The CJS is a continuum of business processes with business input and information that flows between stakeholders who are dependent on each others' output. The implementation of the CJS Review is therefore a process that is dealt with in a phased manner as part of Government’s Medium Term Strategic and Economic Frameworks. As such, resource levels and capacity are dealt with as part of the line functions of individual Departments and in terms of approved strategic plans and within established structures. However, alignment in terms of capacity and resources across the value chain remains a crucial element of the implementation of the CJS Seven Point Plan. • Defined elements of the CJS where cross-departmental interaction and coordinated intervention are required are facilitated inter-sectorally by the OCJSR in order to ensure improved efficiency across the CJS value chain. • In relation to the sphere of operations of the Department of Correctional Services (DCS) it is acknowledged by the JCPS Cluster and the OCJSR that the overcrowding of Correctional Centres and Remand Detention Facilities caused by the large number of remand detainees is a Cluster issue that cannot be dealt with by DCS in isolation.

6. A. The CJS Review: Background (continued) • Purpose and Key Objectives of the Implementation of the CJS Review • Transformation of the CJS into a Modernised Criminal Justice System through integrated interventions aligned to the Cabinet approved CJS Review Terms of Reference in order to ensure that the JCPS Cluster Departments / Instances: • Deliver quality and professional services in an integrated, coordinated, effective and efficient CJS; • Provide swift, equitable and fair justice in criminal matters; and • Effectively deter crime on a sustainable basis. • We are currently in the implementation phase of ensuring that the CJS Seven Point Plan is fully implemented across the various Departments and included in the Strategic Plans of all Departments.

7. B. CJS Seven Point Plan Implementation • The CJS Seven Point Plan is a holistic transformation programme that has been endorsed at the highest levels. Several of its interventions have been completed with good result while other initiatives are of an ongoing nature. • As an integral part of the JCPS Cluster interventions, the CJS Seven Point Plan has been included in the JCPS Delivery Agreement (Outcome 3: All people in South Africa Are and Feel Safe). • Recently the CJS Seven Point Plan was given further impetus when it was endorsed in the National Development Plan (NDP) – 2030 and subsequently by its inclusion in the MTSF 2014-2019. The NDP indicates in this regard the following: • “A safe South Africa needs a strong CJS. This requires cooperation among all departments in the JCPS cluster”. • “We believe the correct implementation of the recommendations in the Review of the South African Criminal Justice System will go far in dealing with the system’s current weaknesses.”

8. C. The Seven CJS Focus Points (Change 1 – 7) Alignment through a single vision and mission for the CJS leading to a single set of objectives, plans, priorities and performance measurement targets for the CJS. 2. Establish through legislation or by protocol a new and realigned single CJS coordinating and management structure that flows in a seamless manner from the Cabinet to each Court to improve the end-to-end coordination of the CJS in conjunction with the current National and Provincial JCPS structures. 3. Practical short and medium term proposals to improve the all round performance of courts. 4. Improved component parts of the CJS with a focus on areas with serious shortcomings. 5. Provision of an integrated and seamless National CJS Information System to facilitate more informed strategies, plans and decision making as well as to facilitate better day-to-day operational management. 6. Provision of technology solutions aimed at modernising operations, reducing costs and eliminating waste. 7. Involvement of the population at large in the fight against crime.

9. Schematic of the CJS The Seven Point Plan and the JCPS Delivery Agreement Output 1,2 Court Process Transformation 3 Forensic Capability • Coordination & • Management: • Business Plan • Objectives • Priorities • Management Structures • Measurements • Performance 1 • Alignment, • Common • Vision and • Mission Investigation Capability Key Priorities within Component Parts 4 Output 1,2,4 Prosecution, Legal Aid, Court Capability 2 Output 2 Modernisation Remand Detainee Management 5 Output 1,2,7 Integrated Information Systems 6 CPF/CSF Local Participation 7 Output 1 The package of seven fundamental changes

10. CHANGE 1: ALIGNMENT THROUGH A SINGLE VISION AND MISSION FOR THE CJS WITH CONGRUENT OBJECTIVES, PLANS, PRIORITIES AND PERFORMANCE MEASUREMENT TARGETS • Vision, Mission and Primary Objectives • The following joint vision, mission and objective statements were approved by the JCPS DGs and Ministers in 2009/10. • Vision: Working together within the CJS to ensure a safe and secure society receiving the best services possible from the CJS. • Mission: Serving the community of South Africa by ensuring a safe and secure environment and delivering justice for all, whilst empowering victims, building partnerships with civil society, and promoting rehabilitation and reintegration of offenders back into society, through a transformed, modernised, efficient and integrated criminal justice system. Note: The Vision and Mission has recently been reviewed and an updated version thereof will be submitted to the JCPS DGs and Ministers for review and approval.

11. CHANGE 1: ALIGNMENT THROUGH A SINGLE VISION AND MISSION FOR THE CJS WITH CONGRUENT OBJECTIVES, PLANS, PRIORITIES AND PERFORMANCE MEASUREMENT TARGETS • CJS Objective Statement • To reduce crime, particularly serious and violent crime; • To specifically address crimes against women and children; • To promote a pro-active crime prevention approach in line with the Crime Prevention Strategy, with communities; • To obtain optimal community involvement in the CJS through Community Safety Forums at all levels, including Street and Ward Committees and Volunteer Programmes; • To improve access to justice; • To increase public confidence in the CJS; • To increase victim satisfaction with the police, prosecution, courts, correctional services and the administration of justice in the CJS;

12. CHANGE 1: ALIGNMENT THROUGH A SINGLE VISION AND MISSION FOR THE CJS WITH CONGRUENT OBJECTIVES, PLANS, PRIORITIES AND PERFORMANCE MEASUREMENT TARGETS • CJS Objective Statement (continued) • To improve the effectiveness and efficiency of the CJS in bringing offenders to justice through improved coordination and management of the system as a whole; • To provide relevant and timely CJS management information to all the stakeholders through appropriate, effective and integrated information technology and infrastructure systems; • To improve and balance the capacity in the CJS Departments; • To ensure the proper utilisation of intelligence in addressing transnational crimes including human trafficking, smuggling and syndicated crimes; • To address contributory social factors that have an impact on the crime situation, namely aspects such as substance abuse, in conjunction with other role players.

13. CHANGE 1: ALIGNMENT THROUGH A SINGLE VISION AND MISSION FOR THE CJS WITH CONGRUENT OBJECTIVES, PLANS, PRIORITIES AND PERFORMANCE MEASUREMENT TARGETS • ALIGNMENT: STRATEGIC INTERVENTIONS • JCPS Cluster Departments are continuing with the alignment of Strategic Plans, Annual Performance Plans and the JCPS Delivery Agreement. • Key Performance Indicators for delivery against the CJS 7PP deliverables have been defined. Other performance measures are also being attended to. • The integration of data across the value chain is of paramount importance and the Integrated Justice System (IJS) Board was reconstituted to include business functionaries from all Departments. • IJS activities have been refocused and reprioritised and five priority interventions have been identified (refer to Changes 5 and 6). • IJS interventions are both of a departmental and a transversal nature and good progress has been made with the establishment of critical building blocks. • The establishment of a full-time Secretariat for the OCJSR has been approved and will contribute to the fast-tracking of CJS 7PP interventions.

14. CHANGE 1: ALIGNMENT THROUGH A SINGLE VISION AND MISSION FOR THE CJS WITH CONGRUENT OBJECTIVES, PLANS, PRIORITIES AND PERFORMANCE MEASUREMENT TARGETS • ALIGNMENT: OPERATIONAL INTERVENTIONS • Various operational alignment protocols have been finalised (see Change 3 below), while others are still in the process of being finalised by the JCPS DGs Implementation Forum. Protocols relevant to DCS are listed under Change 3. • In addition to the alignment protocols, significant operational interventions that have an overall effect on the CJS have been successfully launched and are already showing a positive impact, for example: • The overall improvement in forensic capabilities at crime scene and forensic laboratories; • Vast improvements to the Automated Fingerprint Identification System (AFIS) as well as staffing and technology at local criminal record centres; and • Improvement in case finalisation and significant reduction of court backlogs through the Backlog Courts.

15. CHANGE 2: Establish a new and re-aligned CJS Coordinating and Management Structure that flows in a seamless manner from the Cabinet (JCPS) to Courts in order to improve end-to-end coordination through National and Provincial JCPS structures • Change two deals with the overall management and coordination of the CJS. The establishment of management structures at National, Provincial and local levels to all courts in South Africa is required in order to improve interaction within the CJS value chain and the efficiency of the CJS.   • In this regard critical JCPS management structures aimed at improving the all-round CJS performance and removing blockages and inhibitors have been put in place: • Nationally: JCPS Inter-Ministerial Committee; JCPS DG Implementation Forum; the JCPS National Development Committee; National Joints Committee and other JCPS Sub-Structures; the Office for Criminal Justice Reform (OCJSR); • Provincial: JCPS Provincial Development Committees and Provincial JOINT Committees (at national level strategy, policy and monitoring and evaluation are being dealt with, whilst at local level tactical and operational issues are dealt with); • DCS: Remand Detention Branch; and • Judiciary: The Office of the Chief Justice facilitates Case Flow Management on a National and Provincial level (the Superior Court Act now provides for judicial leadership from the Chief Justice to the 9 Judge Presidents); a National and 9 Provincial Efficiency Enhancement Committees (NEEC / PEEC) have been established by the Chief Justice which include all CJS stakeholders.

16. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • The aim of these practical interventions is to enable courts to focus on trial and pre-trial interventions aimed at ensuring trial readiness without unnecessary postponements and administration. • Court performance has improved as a result of the intersectoral interventions. • A positive clearance ratio was maintained by the Lower and High courts during 2012/13.916 917 new cases were enrolled and 942 792 cases disposed of which is a positive clearance rate of 2.8%. 25 875 more cases were disposed of than received. • The availability of previous conviction reports that accurately profile persons have improved. • The number of cases finalised (323 390) with a verdict increased with 2.3%, (7 292 more cases than the previous year). • In addition to the increased finalisation of cases the number of sentences of 10 years or more were increased with 11% (676) during 2012/13 compared to the previous year (with obvious consequences for DCS).

17. CHANGE 3:PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • Detective Court Case Officers • The purpose of Detective Court Case Officers (DCCO’s) is to optimize the court docket process through improved docket quality, enhanced court docket flow and efficient communication between the South African Police Service and the Department of Justice and Constitutional Development and the National Prosecuting Authority. • The Detective Court Case Officers (DCCO’s) are placed at several Magistrates’ Courts in all nine provinces. • The primary duties of Detective Court Case Officers (DCCO’s) are: • Receiving case dockets that will be used in court from detective service units and control prosecutors • Evaluating case dockets that will be used in court to determine the completeness of the investigation

18. CHANGE 3:PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • Detective Court Case Officers (continue) • Liaising between prosecutors and investigating officers and detective units • Managing of the general flow of case dockets to be used in courts • Screen new court case dockets to identify shortcoming • Attendance of relevant fora such as Criminal Justice Cluster, Case flow management, etc. • Communicate complaints regarding court case dockets to the relevant higher authority • Provide monthly analysis and feedback report on the court case dockets and other related matters to the Provincial Commander of General Crime Investigations.

19. CHANGE 3:PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • Legal Aid South Africa: • Legal Aid SA improved its coverage of Regional Courts to 99% and District Courts to 88%. • 320,805 new instructions were issued up to the third quarter of 2013/14 financial year whilst 308,688 matters were finalised. This is equivalent to a clearance rate of 0.96 • 97% of legal practitioners achieved their quality targets for the current financial year to date. • All children in custody for longer than one month were individually tracked by Legal Aid South Africa’s Justice Centres to ensure their earliest possible release from custody. • RDs more than 2yrs in custody are individually monitored on the Legal Aid South Africa web page to ensure improved focus on their cases by Legal Aid practitioners and managers.

20. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • For the current financial year, the total number of backlog cases, on all court levels, decreased from 31 054 at the end of March 2013 to 25 762 at the end of December 2013, representing 13,8% of the outstanding roll of 186 420 cases. • Since 1 November 2006 until the end of December 2013, the Regional and District backlog courts have removed in total 102 624 cases from the court rolls (comprising of 73 749 cases finalised, 25 565 cases withdrawn and 3 310 cases transferred to higher courts). The department provided resources in the form of infrastructure, personnel, the judiciary, finances, etc. to make this achievement possible. • There are currently 82 Backlog Courts (59 Regional Court and 23 District Courts). 42 of these Regional Courts have been identified to become permanent additional courts, replacing the temporary courts, during 2013/14. The 42 posts have been advertised.

21. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • District Court Backlogs • Since inception of the case backlog intervention in the District Courts in April 2010, a 48.25% reduction was achieved in the number of all District Court backlog cases, from 22 238 backlog cases in March 2010, to 11 508 backlog cases at the end of December 2013. • This was accompanied by a 20,32% reduction in the number of outstanding cases in District Courts from 178 461 in March 2010 to 142 183 at the end of December 2013. The removal of long outstanding cases from District Court rolls resulted in significant cost savings and productivity improvements.

22. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • Regional Court Backlogs • Since inception of the case backlog intervention in the Regional Courts in 2006, a 31,9% reduction was achieved in the number of all Regional Court backlog cases, from 20 452 backlog cases to 13 916backlog cases at the end of December 2013. • This was accompanied by a 8,42% reduction in the number of outstanding cases in Regional Courts from 47 343 in 2006 to 43 353 at the end of December 2013.

23. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • The number of criminal court cases that were finalised, including Alternative Dispute Resolution Mechanisms (ADRM), have increased by 4% to 466 800 (18 007 more cases than in 2011/12). • Diversion of less serious cases through ADRM have increased by 10 717 in the last reporting period. • During 2012/13, 2.8% more children were diverted in terms of the CJS compared to the 6 422 diverted during 2011/12. This means less persons that have to be accommodated in DCS facilities.

24. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • Interventions relating to functional guidelines and directives as well as adoption of protocols have been implemented with good effect. • Several Protocols that deal directly and indirectly with court performance were developed to define and streamline cross-cutting functions and daily operational activities. • Protocols contain practical measures that brings clarity of responsibility, removes blockages and improves the performance of all courts. The Heads of Departments approve the Protocols and implementation thereof is monitored within Departments as well as by the OCJSR. • Protocols are continuously reviewed and adjusted to ensure maximum effectiveness.

25. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • CJS PROTOCOLS • 63A Bail Protocol (Section 63A of the Criminal Procedure Act 51 of 1977). The protocol makes provision for the Head of a Correctional Centre to approach the relevant court to release an accused on warning in lieu of bail or to amend the bail conditions imposed by that court when the inmate population of a particular correctional centre is reaching such proportions that it constitutes a material and imminent threat to human dignity, physical health or safety of the accused. This section is only applicable to those accused with bail who have been charged with Schedule 7 crimes. • The Protocol on Referral of Terminally Ill or Severely Incapacitated Remand Detainees to Court has as its aim to ensure effective and integrated processes are followed in applying Section 49E of the Correctional Services Act 111 of 1998. • The Protocol on Maximum Incarceration of Remand Detainees - has as its aim to ensure effective and integrated processes are followed in applying Section 49G of the Correctional Services Act, Act 111 of 1998. It was approved in 2012 and implementation is monitored.

26. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • CJS PROTOCOLS (continued) • Draft Protocol on Procedures to be followed when the DCS temporarily releases the RDs to SAPS for further investigations in terms of section 49F of the Correctional Services Act 111 of 1998 and early arrival in court for ensuring that the RDs have their trial begin and conclude without unreasonable delay (as per section 35(3)(d) of the Constitution). • The Consultation Protocol on procedures to be followed with regard to increasing access to Remand Detainees for consultation purposes by Legal Aid South African practitioners and therefore enhance speedier justice, has been developed and consulted on and is envisaged to be signed by the Heads of Legal Aid South Africa and DCS before the end of the financial year. • Protocol on Procedures to be followed with regard to the release of Appellants serving terms of imprisonment whose convictions are set aside on appeal: Consultationshave been initiated with the relevant role players and is envisaged to be finalised during 2014.

27. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • CJS PROTOCOLS (continued) • g. Mental Observation Protocol has been approved and is in the process of being signed by the cluster DGs. The protocol deals with the procedures and practices in respect of enquiries into the mental health of accused persons in terms of sections 77, 78 and 79 of the Criminal Procedure Act 51 of 1977. • Directives were also issued in terms of section 79 (13) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) as amended by section 10(b) of the Judicial Amendment Act, 2008 (Act No. 66 of 2008), after being submitted to the NDPP and approved by the Minister of Justice and Constitutional Development for implementation. • h. Protocol for Management of Involuntary Mental Health Care Users and State Patients: The process is in the stage of deliberation with relevant stakeholders (Department of Health, DoJCD, DCS, NPA and SAPS) in preparation for the development of a protocol to be finalised during 2014.

28. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • CJS PROTOCOLS (continued) • A Protocol on Audio Visual Remand(AVR Protocol) has been implemented as a Pilot in the Western Cape with objectives such as to- • promote, facilitate and regulate proper cooperation between the courts, DCS facilities and the SAPS as far as RDs are concerned; enhance the ability of courts to manage and prioritise serious criminal cases and matters destined for trial in the courts; • establish local AVR Steering Committees at each designated Video Remand Court (VRC) to monitor and enhance the use of the AVR process, systems and infrastructure; • reduce case cycle times and streamline postponements and bail applications to dedicated VRCs. • The draft National Protocol has been developed including best practices and is being circulated for comments to the judiciary and other role players. Roll-out is envisaged during 2014.

29. CHANGE 3: PRACTICAL SHORT AND MEDIUM TERM INTERVENTIONS TO IMPROVE THE PERFORMANCE OF ALL COURTS • CJS PROTOCOLS (continued) • The Criminal Law (Forensic Procedures) Amendment Act, 6 of 2010 regarding fingerprints and biometric measures provides SAPS with authority to take fingerprints of accused and convicted persons. The implementation of the Act is currently being dealt with by the Interdepartmental Task Team. • JCPS Fingerprint and Photographic Images Database Protocol. The objectives of this Protocol are to promote, facilitate and regulate co-operation between the SAPS, DoJ&CD, Department of Transport, Department of Home Affairs, Department of Correctional Services, State Security Agency and Department of Social Development in order to ensure the optimal utilisation of the Fingerprint and Photographic Images Databases and related information in the criminal justice system, to define responsibility and accountability and to agree upon service delivery requirements. • The JCPS Cluster Interdepartmental Memorandum of Understanding in respect of taking DNA buccal samples from persons detained by DCS has been approved by the JCPS DG Cluster and is in the process of being signed. It provides for cross-departmental process and information flow as well as the training of authorised persons (Department of Health through the National Health Laboratory Services (NHLS).

30. CHANGE 4: COMPONENT PARTS WITH A CRITICAL NEED FOR INTERVENTION • During the Component Part Review, areas of the CJS were identified that required urgent intervention as they hampered the performance and effectiveness of the overall CJS. The areas below with specific weaknesses were identified and interventions are initiated on a continuous basis to assist in addressing capacity and other constraints: • Forensic Services in SAPS and NDOH; • Investigation Services by SAPS; • Prosecution Services by NPA; • Legal representation by Legal Aid SA; and • Management of Remand Detention Services by DCS. • Improvements to the CJS component parts are not due to any single intervention, but are part of a concerted JCPS effort in which the National Treasury, and its concomitant release of additional funding for the CJS Revamp, played an important role.

31. CHANGE 4: COMPONENT PARTS WITH A CRITICAL NEED FOR INTERVENTION • The front end of the CJS (starting from the crime scene to the point of a court ready case) was specifically highlighted as needing urgent intervention. • Other interventions included the drafting of crime scene and investigation manuals as well as large scale improvements to forensic laboratories, supporting IT systems and significant expansion of the automated fingerprint identification system (AFIS). • The schematics below is an indication of the increases in human capacity.

32. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT • The JCPS Cluster has been continuously involved with the planning and implementing of interventions aimed at reducing overcrowding and better managing remand detainees (RDs) from the start of the CJS Review in 2007. In this regard it was acknowledged that inefficiencies in the front end of the CJS would result in a bigger RD population.

33. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT continued • The OCJSR supported the Remand Detainee White Paper as well as the establishment of the Remand Detention Branch within DCS. • The OCJSR also supported and participated in the development of The Correctional Matters Amendment Act5 of 2011 that is aimed at improving administration in the key business areas, resulting in: • Strengthened parole system; • New medical parole system; and • Improved management of remand detainees. • The following specific departmental and cross-departmental interventions were implemented following the enactment of The Correctional Matters Amendment Act 5 of 2011 • Regional personnel were trained on the Act and Regulations in 2011/12 financial year and operational policies were developed in the form of circulars. • SAPS: Operational policies were amended for alignment with relevant provisions and provincial officials were trained.

34. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT continued • The Act allows for the Risk Classification of Remand Detainees who are remanded in the custody of the DCS through the Criminal Justice process. A pilot project has been implemented at the Pretoria Central Local Detention facility and is being evaluated. • Legal Aid South Africa: A Webpage was developed to track all cases that are pending for longer than 2 years and an E-Learning module has been developed for all Legal Aid SA practitioners to familiarize them with Section 49G. • A number of cross-departmental protocols, as discussed under Change 3, were also developed in support of the requirements of the Act.

35. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT continued • Systems elements were improved to facilitate a reduction of the number of Remand Detainees: • Ongoing statistical monitoring of RDs (DCS, OCJSR and JCPS) to inform cross-departmental interventions aimed at improving the management of RDs. • Identification of reasons / trends related to RDs that cycle through DCS in less than 3 months (53%-57%) and for detention periods that are shorter than normal court cycles: • Cases where criminal trials are not brought against RDs; • Cases that are withdrawn / struck off court rolls; • Cases finalised through other mechanisms; • Cases where bail is awarded and/or paid; • Cases with a verdict. Court Studies conducted at Pretoria initially (2008) and Johannesburg and Newcastle later 2013/14 • Improved criminal history (previous conviction) information from SAPS (SAPS 69 Reports) to facilitate more informed bail hearings and to enable DCS to improve the management of high risk individuals.

36. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT continued • The Amendment Act and the subsequent Protocol on Maximum Incarceration of Remand Detainees (Section 49G) as well as the Revised Bail Protocol (Section 63A) facilitates improved management of Remand Detainees. • The J7 Warrant of Detention has recently been amended to allow for improved classification of Remand Detainees. This will enable a more detailed analysis of the large percentage of Remand Detainees that cycle through DCS in less than 90 days - more than 50%. Approximately 15% – 20%of the remand detainee population has been given bail without exercising the option either because it is unaffordable or they choose not to pay bail. • The various role-players in the criminal justice system including Legal Aid South Africa are essential for the effective management of Remand Detainees. The CJS Review has created full time structures and mechanisms that enhances cooperation and information-sharing.

37. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT continued • The improved Remand Detention System based on a focused and integrated approach has led to a decrease in the remand detainee population. General overcrowding of correctional facilities and RDFs has reduced to 32.24% as at 31 January 2014 (approved bedspace: 119,134 and occupancy: 157,552 inmates) . The annual average for RDs from 2007/8 to 2012/13 appears below:

38. CHANGE 4: SPECIFIC DCS INTERVENTIONS: COMPONENT PART IMPROVEMENT continued • Children in Remand Detention Facilities • The Child Justice Act provides for the detention of children in DCS Remand Detention Facilities in cases where a Court has no alternative but to refer accused children to DCS Centres. • There is close collaboration between DCS and DOJ&CD that ensures that the stipulations of the Child Justice Act are adhered to, for instance that children are required to appear before the Presiding Officer every 14 days. • The total number of Children in Remand Detention decreased considerably over the last 4 years.

39. CHANGE 4: SPECIFIC DCS INTERVENTIONS (CONTINUED) • Tracking of Remand Detainees with Long Outstanding Cases • A system is being put in place to reduce the number of RDs over 2 years. Salient information is shared between DCS, SAPS Detectives, NPA and Legal Aid South Africa with the objective of improved communication and the removal of blockages. • State Patients that are temporarily treated as Remand Detainees pending their transfer to State Hospitals are receiving specific attention.

40. CHANGE 5 AND 6: ESTABLISH AN INTEGRATED AND SEAMLESS NATIONAL CJS INFORMATION SYSTEM AND IMPLEMENT A PROGRAMME OF MODERNISATION FOR THE CJS • The Integrated Justice System (IJS) Programme was established as a vehicle to electronically enable and integrate the end-to-end criminal justice business processes and related inter-departmental information exchanges; • The IJS Board that consist of business as well as IT executives coordinates the IJS Programme and reports directly to the JCPS DGs. • The JCPS DGs directed a focused approach and identified five integration priorities (this is dealt with on the next slide). • In addition to the 5 priorities, a number of CJS modernisation programmes have been or are in the process of being implemented. Some of these interventions are driven by DCS such as Electronic Monitoring and others involve DCS and other CJS role players, for instance the Audio Visual Remand System that is aimed at reducing travel time between DCS and court facilities for postponements.

41. CHANGE 5 AND 6: ESTABLISH AN INTEGRATED AND SEAMLESS NATIONAL CJS INFORMATION SYSTEM AND IMPLEMENT A PROGRAMME OF MODERNISATION FOR THE CJS • The following deliverables form part of the Integrated Justice System (IJS) deliverables: • The establishment of a single person identifier across the Criminal Justice System (CJS); • The development of an integrated CJS performance information dashboard ("28 Key Performance Indicators" or KPI system); • The integration of departmental case related systems; • Development of a Person Identification Verification Application (PIVA), including integration of / access to SAPS AFIS, DHA HANIS and NATIS databases. • Establishment of a single database for the JCPS cluster for statistical purposes.

42. CHANGE 7: COMMUNITY INVOLVEMENT In conjunction with other stakeholders and in alignment with efforts aimed at involving the population at large in the fight against crime, change 7 entails introduction of changes to the Community Police Forum (CPF) or Community Safety Forum (CSF) regime, aimed at expanding their role to also deal with CJS matters such as policing, parole boards and community sentencing monitors and provide them with finances and infrastructure to allow them to play a meaningful role. • Community Involvement (led by Civilian Secretariat of Police) • Community Safety Forum regimes, including expanding their roles to deal with all matters relating to CJS (thus fulfilling the role of Community Justice Forums) are receiving attention. The Civilian Secretariat of Police has been mandated to coordinate this important aspect of the CJS. Various stakeholders such as the Departments of Roads and Transport, Social Development, Local Government support CSF initiatives.

43. CHANGE 7: COMMUNITY INVOLVEMENT • Parole Boards • The Department of Correctional Services has involved communities in the parole board process through the nomination of community members as chairpersons. • The community is allowed to participate in the processes of the parole board through representations and in persons. • According to the Memorandum of Understanding between the Department of Correctional Services and National House of Traditional Leaders, it was agreed that community through traditional leaders should adopt rehabilitation as a societal responsibility. • In order to allow for greater representation of victims at Parole Board hearings, DCS has gone out on tender to put in place Audio-Visual equipment in all 52 Parole Board offices.

44. CHANGE 7: COMMUNITY INVOLVEMENT • Correctional Supervision • Community involvement is very critical in the social reintegration of offenders. • Parolees and Probationers are placed into the community while still serving their sentence after going through rehabilitation programmes. • Community Structures are involved in ensuring that offenders are reintegrated. • Placement of Parolees and Probationers is done in consultations with the community. • Community structures such as Non-Governmental Organisation, Faith Based Organisation and the Non-Profit Organisation involved as referral systems and support system.

45. CHANGE 7: COMMUNITY INVOLVEMENT • Victim-Offender Dialogue (VOD) DCS Minister’s Initiative • Is a programme aimed at strengthening the current rehabilitation and re-integration by placing the victim at the centre of the corrections process. • Its objectives are: • To provide a restorative conflict resolution process that actively involves the victim and the offender in repairing the emotional and material harm caused by crime; • To provide an opportunity for a victim and offender to discuss the offence, get answers to their questions, express feelings and gain a greater sense of closure; • To provide an opportunity for a victim and offender to develop a mutually agreeable plan that addresses the harm caused by the crime; • To provide an opportunity for a broad community participation in the fight against crime through engagement with offenders and empowerment of victims; and • To contribute towards reducing repeat offending.

46. CHANGE 7: COMMUNITY INVOLVEMENT • Victim-Offender dialogue continued • The VOD has seven pillars: • Submission by the offender to the rehabilitation and renewal programmes • Voluntary desire by the victim to engage the offender in order to understand how and why the crime happened • The active engagement of both the offender and the victim with the aim of seeking the offender to admit that he/she harmed the victim • The commitment of the correctional officials including professionals to facilitate the programme on an ongoing basis • The existence of a strong mobilization of research and marketing resources so that all the three segments of the project (victim, offender and the community) are kept informed through communication, marketing, campaigns and research • Collective desire by household, communities, society and social institutions to build safe and secure communities • Partnership in crime prevention • The VOD programme is implemented at the centre, regional and national levels.

47. The successes that have thus far been registered reaffirms the value and positive impact of an integrated and coordinated approach. • All component parts of the CJS are working together well, but sustained and close collaboration of all role players remains mandatory. This includes victims, witnesses, defense lawyers and other experts. • The availability of accurate and robust management information that is based on integrated data across the CJS continuum remains a challenge. Government has adopted this as one of its highest priorities and it is being managed separately by the JCPS Directors General through the IJS User Board. • The inclusion of the CJS Seven Point Plan in the JCPS Delivery Agreement as well as the endorsement by the National Development Plan – 2030 and the consequent actions between the Presidency and the Departments has contributed significantly to the finalisation of key performance indicators that measures all aspects of the CJS. • While the improved alignment and concerted efforts of stakeholder departments have contributed to a CJS with vastly improved capacity, the CJS still have to go some way to maximise its output. • The DCS role players have made an important contribution to the OCJSR and it is believed that increased efficiencies in the CJS will make a substantial impact on the reduction of Remand Detainees. D. CONCLUSION