DISCUSSION DOCUMENT: TOWARDS GREEN PAPER ON CORRECTIONAL SERVICES IN SOUTH AFRICA

1. DISCUSSION DOCUMENT:TOWARDS GREEN PAPER ON CORRECTIONAL SERVICES IN SOUTH AFRICA SEPTEMBER 2003

2. CHAPTER I - MOTIVATION FOR NEW WHITE PAPER 1994 White Paper has been passed by history • 1996 Constitution Act 108 of 1996 & Human Rights Culture • Chapter 10 of Constitution • Chapter 8 & 11 of Constitution - Courts & Administration of Justice; Security services • Singular national competency vs relationship with provincial & local levels of government & administration

3. HISTORY PASSED WHITE PAPER BY • Statutory mandate of department of Correctional Services Act, No 111 of 1998 • Defines coherent purpose of South African correctional system • Significant & on going conceptual development of South African approach to corrections & rehabilitation not addressed • Not aligned with key current Governmental Policies

4. INADEQUACY AS A WHITE PAPER • Inadequate direction to policy & practice development • No long term strategic direction • Drafted with specific time frames, statistics & references to geographical areas • Does not rise above departmental mandate – • speaks only to mandate of DCS • fails to locate rehabilitation & corrections as societal responsibility

5. POLICY ALIGNMENT • African Renaissance and NEPAD • Multi-lateral relations in Africa • Out of harmony with PFMA • Not aligned to new public service policy, e.g. Public Service Regulations

6. GUIDING DCS • Does not define DCS core business adequately • Defines core business of DCS as safe custody & humane treatment of offenders • Core business now understood as correction within safe, secure & humane environment • Inadequate on approach to facilities building, management & procurement • DCS approach to Government PPP Policy in relation to infrastructure, facilities and prison management • Inadequate on appropriate human resource provisioning, on career development & retention strategy

7. GUIDING DCS • Major policy gap re unsentenced detainees & departmental responsibilities re them • Inadequate guidance on Health Care Policy • Silent on issues of comprehensive health care, primary health care, • Silent on AIDS policy • Silent on interpretation of constitutional imperative & role of Department of Health • Does not provide framework for terminology that is coherent, user friendly & consistent with philosophy of corrections

8. CHAPTER 2 - HISTORY OF CORRECTIONAL SYSTEM • Provides brief history of transformation of DCS during past century characterized by epochs • History of SA prisons reflects history of SA as a nation

9. Early 1900s period – provincial ordinances, management of reformatories placed under prisons, role of courts re prison treatment • Landsdowne Commission on Penal & Prison reform, 1945 – proposals never implemented • Prisons in 1960s & 1970s – racially segregated; closed system; military character;political prisoners challenges to legitimacy of system • Prison department in 1980s – Judicial inquiry into role of courts; marginal improvement in prison system; reversal of racial segregation of inmates and staff

10. Prison Reforms in early 1990s – separation of prisons and DoJ; Public Service Labour Relations; Human rights Culture • First 5 years of democracy– 1994 White Paper; Representativity; International Benchmarking; Judicial Inspectorate; National Crime Prevention strategy • Strategic Realignment and Transformation of DCS – mobilisation of stakeholder participation; Mvelaphanda; cleansing of DCS; HRD and HRM review

11. CHAPTER 3 - CORRECTIONS AS SOCIAL RESPONSIBILIY • DCS accepts that correction cannot only be delivered by particular organ of state,( viz, Correctional Services) but it should be collective responsibility of all role players. DCS has identified discrepancy. • Considers Moral Regeneration Movement & promotion of spirit of Ubuntu as crucial ingredients in creating environment that benefit rehabilitation & effective offender reintegration.

12. CHAPTER 4 - OBJECTIVES OF CORRECTIONAL SYSTEM • Concentrates on level of corrections that falls on shoulders of correctional system or Correctional Services. • Begins to redefine Rehabilitation & Correction & outline • Correctional System Objectives. • Rehabilitation as holistic phenomenon incorporating & encouraging social responsibility social justice, active participation in democratic activities, empowerment with life & other skills, & contributing to making South Africa better place to live in. • Defines objectives of DCS

13. CHAPTER 5 - PRISON MANAGEMENT & COMMUNITY CORRECTIONS • Outlines prison management in terms of Restorative Justice, Unit Management, Secure, Safe & Humane Custody & Parole Policy • Unit management as team approach to correctional client management • Parole Placement Policy viewed as necessary contract between client under community correctional supervision & department that correctional client will comply with conditions of his or her placement including continuation of correctional & development programmes • Pivotal Multi –disciplinary role of Parole Boards in deciding future of correctional client

14. CHAPTER 6 - IJS & SOCIAL SECTOR RESPONSIBILITIES • Assists DCS to clearly define its intervention role in crime prevention • Defines relations to JCPS and Social Sector • Integrated justice & social cohesion and social justice prerequisites for rehabilitation

15. CHAPTER 7 - WHO ARE SOUTH AFRICA’S CORRECTIONAL CLIENTS • Brief analysis of causes of crime from South African context • Enable DCS to understand both who correctional clients are and why they became involved in crime

16. CHAPTER 8 - CORRECTIONAL OFFICIAL & ORGANISATIONAL CULTURE • Focuses on relationships between correctional official & correctional client • Emphasizes significance of organizational culture in focusing • organization to its core business • Expresses importance of striking balance between security & corrections • Need for human resource provisioning & development strategy, career pathing & development. • These relationships & desired organizational culture are • fundamental in defining proper & real correctional official.

17. CHAP 9- GOVERNMENT’S RESPONSIBILITY TOWARDS UNSENTENCED DETAINEES Focus on responsibility of government to all categories of unsentenced detainees concentrating on following areas: • Noting Constitutional obligation re awaiting trial detainees • Benchmarking best practices internationally • Problem statement on Correctional Institution & Awaiting Trial • Short Term Management of Unsentenced Detainees • Problem Statement on Illegal Immigrants Awaiting Deportation

18. CHAPTER 10 - NEED-BASED INTERVENTION PLAN DCS adopted needs based approach to rehabilitation Areas of intervention - • Profiling –based intervention • Identification of Service Delivery Areas for correctional client’s Rehabilitation (Corrections, Development, Security, Care, Facilities, After Care) • Distinction between Correction & Development of Offender • Community Service & Poverty Alleviation • Gender policy to inform management of men correctional clients & to serve as rehabilitation tool to men whose victims women & children • Services to paroled correctional clients • Social Reintegration

19. CHAPTER 11- SAFETY,SECURITY & HUMAN DIGNITY AS PART OF REHABILITATION Acknowledges perceptions, both internal & external, that approach of putting Rehabilitation at centre of DCS services has generated Three areas are: • Operating Secure, Safe & Orderly Correctional Centres • Security Classification for rehabilitation • Safety & Healthy of Correctional Clients • Disciplinary procedures & punishments in Correctional Centres

20. CHAPTER 12 - SPECIAL CATEGORIES OF CORRECTIONAL CLIENTS Outlines special categories of correctional clients Seeks to encourage DCS to arrange and extend service delivery to these categories to address specific needs Following categories are stated: • Children in detention • Youth Correctional Clients • Women Correctional Clients • Correctional Clients with disabilities • Aged Correctional clients • Correctional clients with Mental Illnesses • First Offender Correctional Clients • Correctional offenders with Long or life sentences • Correctional Clients who are Foreign Nationals

21. CHAPTER 13- APPROPRIATE & COST EFFECTIVE FACILITIES • Facilities viewed as bigger challenge in addressing needs of categories of correctional clients identified • Department has identified facilities as critical in creating enabling environment for rehabilitation.

22. CHAPTER 14 - EXTERNAL PARTNERSHIPS • Partnerships viewed in light of understanding correction as social responsibility of both State Organs & broader Civil Society • Focuses on need to redefine roles of civil society in correction for effective rehabilitation and successful community reintegration • Focuses on correctional international relations in context of SA Foreign Policy

23. CHAPTER 15- GOVERNANCE & ADMINISTRATION Focus on powers & functions of • Executive Authority • Accounting Officer & • Head Of Department • Judicial Inspectorate • Accountability to Parliament • Policy advice role of National Council

24. CHAPTER 16 - TRANSFORMATION OF CORRECTIONAL SERVICES • Seeks to identify priority areas to be addressed in implementation of Green Paper • Seeks to ensure process to realign current legislation, regulations, orders and procedures, subordinate policies to White Paper and establish proper coherent Hierarchy of Imperatives • Seeks to ensure strategy of planning, resourcing & budgeting to alien policy & practice with White Paper

25. DCS HIERARCHY OF IMPERATIVES CONSTITUTION WHITE PAPER LEGISLATION VISION & MISSION STRUCTURE BUSINESS PROCESSES REGULATIONS STRATEGIC PLAN SERVICE DELIVERY RANGE POLICY BUDGETING PROGRAMMES A ORDER SUBORDINATE POLICIES B ORDER SYSTEMS ADMINISTRATIVE PROCEDURES OPERATIONAL PLANS ACTIVITY PLANS HUMAN RESOURCE PROVISIONING INSTITUTIONAL ORDERS

26. THANK YOU!