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Mpho Mathabathe: Researcher Portfolio Committee on Correctional Services

Summary and Analysis of the 2011/12 Annual Report of the Judicial Inspectorate of Correctional Services. Mpho Mathabathe: Researcher Portfolio Committee on Correctional Services. Introduction.

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Mpho Mathabathe: Researcher Portfolio Committee on Correctional Services

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  1. Summary and Analysis of the 2011/12 Annual Report of the Judicial Inspectorate of Correctional Services Mpho Mathabathe: Researcher Portfolio Committee on Correctional Services

  2. Introduction • The purpose of this presentation is to assist the Portfolio Committee on Correctional Services on its oversight over the Annual Report of JICS. • This is in line with Section 55(2) of the Constitution which states that the National Assembly is required to provide mechanisms to ensure that executive organ of state and public entities in the national sphere of government are accountable to it.

  3. Mission of JICS • Mission of the JICS includes to: • Prevent human rights violations through the monitoring of mandatory reporting systems, • Maintain an independent complaints system, • Promote transparency regarding the activities of the Judicial Inspectorate.

  4. Structure of the Report • This Annual Report (AR) consist of 3 chapters as compared to 6 the previous year. • Chapter 1 focuses on the administration of the Inspectorate • Chapter 2 focuses on the treatment of offenders and issues such as Inspections, Investigations, Complaints and Mandatory reporting . • Chapter 3 looks at Community oversight and Stakeholder engagement.

  5. Administration • Human Resources • The inspectorate had 44 (35 in 2010/11) approved funded post on their fixed establishment with a 2% vacancy rate. • There were 15 staff on a fixed contract (9 in 2010/11) • Two resignations tendered and one staff (four in 2010/11) transferred to DCS • One staff member was suspended without pay and two (three in 2010/11) written warnings were issued

  6. Administration (Cont..) • Human Resources • There were skills development training and workshops attended by staff in order to enhance effectiveness and efficiency of the Inspectorate. • Two new policies in line with Public Services and Administration requirements were created. • 199 days of sick leave (? 2010/11)

  7. Administration • Financial Management • Department of Correctional Services is responsible for all expenditure of the Inspectorate under sub-programme “Operations Management” in their budget. • The report states that “the Judicial Inspectorate is dependent on the co-operation of the Department of Correctional Services for the payment of all its expenses”

  8. Administration • Financial Management • Budget of R19 312 000 million allocated to JICS • In August 2011 it was increased to R20 784 000 m, then to R21 284 000 m then finally to R21 291 000 m • Expenditure incurred was R24 174 206 m (R20 262 80m in 2010/11) • Over-spending by R2.9 m

  9. Administration (cont..) • Financial Management • Expenditure on item “other” increase from R133 093.89 (in 2010/11) to R892 629.10 (in 2011/12) • Expenditure on stationery and printing increased from R188 927.81 (in 2010/11) to R333 354.37 (in 2011/12) • Expenditure on travel and subsistence increased from R1 082 903.46 m (in 2010/11) to R1 986 269.80 m (in 2011/12)

  10. Inspections and Investigations • Inspections and Investigations • 72 inspections carried out and 11 investigations conducted • Investigations are usually carried out where there are allegations of gross human rights violations • Investigations carried out for the following reasons: • Allegations of assaults of officials on inmates • Arson and subsequent death of three inmates • Arson and riots • Allegations of rape and torture of inmates by officials, and • An unnatural death

  11. Mandatory reporting • Unnatural death • A total of 48 unnatural deaths recorded for 2011/12 • 20 of unnatural death relates to suicide and 12 relates to homicide • The report does not stipulate what happened to the remaining 15 unnatural deaths • Four cases of homicide recorded in Kwazulu-Natal

  12. General concerns • The report indicates that DCS’s budget for 2011/12 was R17 732 188 000 billion. DCS’s voted budget was actually R16 559.2 billion and their final appropriation was R16 686 825 billion. • only 11 investigations were conducted in 2011/12 • What constitute gross human rights violations in Correctional centres? • 381 924 complaints recorded in 2010/11 but only 595 for 2011/12 • 42 185 complaints related to transfer in 2010/11 but only recorded 97 in 2011/12

  13. General concerns (Cont..) • 2 276 member on inmates assaults in 2010/11 but only recorded 71 in 2011/12 • 13 ICCVs contracts terminated because of deliberate acts of dishonesty by claiming for hours visited at centres that could not be verified amongst others. • Despite all these, budget was over-spent by R2.9 m

  14. Conclusion and recommendations • There is a need to consider reviewing the mandate and powers of the Inspectorate to make it more effective • The real independence of the Inspectorate depends on this review • The Portfolio Committee on Correctional Services should call the Department to come and respond to issues raised in this Annual Report.

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