Implementation of Correctional Matters Amendment Act, 2011: Status Report

1. JUSTICE, CRIME PREVENTION AND SECURITY (JCPS) CLUSTER BRIEFING TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES STATUS REPORT ON THE IMPLEMENTATION OF THE CORRECTIONAL MATTERS AMENDMENT ACT, 2011 (ACT 5 of 2011) RELATING TO (A) THE DETENTION OF UNSENTENCED INMATES AND (B) THE ADMINISTRATION OF MEDICAL PAROLE 22 August 2012

2. Table of Contents Part A • Introduction • Preparatory Process Part B: Remand Detention: Implemented sections • Section 5(a): Establishment of Correctional Centres and Remand Detention Facilities • Section 5(2)(b): Detention of Remand Detainees in SAPS police cells not longer than seven days • Section 49D: Mentally ill Remand Detainees • Section 49F: Surrendering of Remand Detainees to SAPS for further investigation Part C: Remand Detention: Sections that are not promulgated for implementation • Section 48: Provision of uniform to RDs • Section 49E: Referral of severely incapacitated or terminally ill RDs to court • Section 49G: Referral to court based on the length of detention Part D: Administration of Medical Parole

3. Part A: • Introduction • Preparatory Process

4. Introduction • Reducing the overcrowding in Correctional Services Facilities has been and continues to be a priority for the JCPS Cluster and is part of the focus areas of the Cluster’s Delivery Agreement in terms of the Government’s priorities in relation to Outcome 3 (all people are and feel safe in South Africa). • In general it can be noted that the continued good interaction between the role players in the JCPS cluster and improved coordination efforts has led to the forging of strong partnerships and the results we are now seeing. • The number of remand detainees continue to decrease on a year to year basis in terms of annual statistics as a result of JCPS Cluster interventions that include improved case flow management and speedier trials, increased use of Alternative Dispute Resolution Mechanisms (ADRM), a focus on long outstanding cases through additional backlog courts and prioritisation of all matters where accused are in custody for long periods of time (including the monitoring of all matters longer than 24 months).

5. 1. Introduction (cont.) • The number of criminal court cases finalised per year through ADRM increased from 129 846 in 2010/11 to 132 693 in the past financial year. • Since the inception of the case backlog intervention in November 2006 until the end of March 2012, the Regional and District backlog courts have removed 59 232 cases from the court rolls comprising of 40 418 cases finalised, 16 826 cases withdrawn and 1 988 cases transferred to higher courts. At the end of March 2012 there were 61 Regional and 21 District backlog courts functioning throughout South Africa. • The statistics of the first quarter of 2012/13 indicates the JCPS Delivery Agreement target was reached regarding case finalisation per quarter for the first time since 2009 (Q1 cases finalised target: 76,657, achieved: 84,175 (+9.8%)) as a result of intensified case flow management interventions. • The Social Crime Prevention Strategy was finalised in conjunction with the other sectors. It seeks to address the contributory factors to crime and will help reduce the number of “potential criminals” that may end up in Correctional Facilities.

6. 1. Introduction (cont.) • Overcrowding in Correctional Services Facilities has again been reduced in the past financial year through a reduction in both the number of remand detainees and the number of sentenced inmates. At the end of May 2012 there were on average 46 704 remand detainees (down from 53 901 in 2003/04) and 110 317 sentenced inmates. On 14 August 2012 the unlock total of remand detainees was 45076. • The matters of most remand detainees are dealt within 3 - 4 months. Only a relatively small percentage (less than 6%) remain there for more than 2 years.By the end of March 2012, the average length of time in Remand Detention was reduced to 96 days from a baseline of 150 days in 2010. • The establishment of additional facilities and upgrading of existing remand detention facilities remains positive work in progress.

7. 1. Introduction (cont) • It is against the backdrop indicated earlier that the Correctional Matters Amendment Act, 2011 (Act 5 of 2011), was approved in May 2011. • Its objective was, amongst others, to provide for a new medical parole system; to clarify certain provisions relating to parole and to provide for the management and detention of remand detainees. • All sections relating to the management of Remand Detainees (RDs) were promulgated for implementation on 01 March 2012 with the exception of the following: • 48: Provision of uniform to Remand Detainees • 49E: Referral of of Terminally Ill or Severely Incapacitated Remand Detainees to court and • 49G: Maximum Incarceration Periods of Remand Detainees

8. 2. Preparatory Process • DCS: Regulations were developed and approved in the 3rd quarter of 2011/12; • DCS: Regional personnel were trained on the Act and Regulations in 2011/12 and operational policies were developed in the form of circulars. • All JCPS Cluster role players were consulted on the Act and its implementation and they are all assisting to ensure the implementation is a success. Departmental contributions include the following: • DoJCD: The Department informed all Registrars, Regional Heads, Judicial Heads of Courts and Court Managers about the establishment of remand detention facilities in an internal Circular on 26 April 2012. The list of the remand detention facilities was attached as an annexure to the Circular. The Circular was put on the Department’s intranet, which ensured that all departmental offices received the circular. The Cluster Protocols will be dealt with in the same way. • NPA: Copies of the protocol were distributed to all regions and e-mailed to every prosecutor who has an e-mail address.

9. Preparatory Process cont. • Legal Aid SA: A Webpage has been developed to track all cases that are pending for longer than 2 years and an E-Learning module has been developed for all LASA practitioners to familiarize themselves with Section 49G. • JCPS: Cluster protocols were developed and approved in 2012 to handle cross-cutting provisions. • JCPS: The inter-sectoral National Integrated Case Flow Management Committee, led by the lower court Judiciary, was informed about the relevant provisions of the CMAA. This structure is replicated at Provincial level and has on its permanent agenda the prioritisation of cases of especially remand detainees. • SAPS: The National Commissioner of SAPS through Legal Services distributed the new Act to all Provincial / Divisional Commissioner and Heads of Components during the first quarter of 2012 for compliance. The provisions that might have an impact on the functioning of the Service were specifically indicated. Operational policies were also amended for alignment with relevant provisions and provincial officials were trained.

10. IMPACT OF THE ACT ON THE FUNCTIONING OF SAPS • SAPS may only detain an ATD for a period of 7 days in a police cell or lock-up. Thereafter the ATD must be taken to a correctional facility as stated in the Warrant of detention (J7). • Investigation officers are obliged to expedite investigations in order to complete the investigation within the 7 day period. • Detention of any ATD longer than 7 days becomes unlawful if the applicable directives are not complied with. • A Police cell or lock-up was defined as a Remand Detention facility in terms of Section 115 and 117 of the Act. • ATD may only be released at a correctional facility with the submission of the newly developed and implemented SAPS 127(a) form. • Regular consultation, at various levels, between SAPS and DCS are taking place to resolve any stumbling blocks that may arise and ensure coordination of processes.

11. Part B: Remand Detention Management • Implemented sections

17. Part C: Remand Detention Management • Sections that are not yet promulgated for implementation

27. MEDICAL PAROLE (SECTION 79 (1) OF THE CORRECTIONAL MATTERS AMENDMENT ACT 2011, ACT NO 5 OF 2011) • A FULL PRESENTATION ON THE ADMINISTRATION OF MEDICAL PAROLE WAS MADE TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON 07 AUGUST 2012. PART D: ADMINISTRATION OF MEDICAL PAROLE

28. Thank You