PORTFOLIO COMMITTEE: DEPARTMENT OF CORRECTIONAL SERVICES Follow – up Matters from 1 September 2010...
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Transcript of PORTFOLIO COMMITTEE: DEPARTMENT OF CORRECTIONAL SERVICES Follow – up Matters from 1 September 2010...
PORTFOLIO COMMITTEE:
DEPARTMENT OF
CORRECTIONAL SERVICES
Follow – up Matters from 1
September 2010
1
CONTENT
1. Report on litigation
2. OSD for Educators – Results of implementation
3. Outstanding invoices from SITA
4. Outstanding invoices from DPW
5. Report on ARV spending
6. Breakdown of ART Sites
7. Phezulu Fencing (PTY) Ltd
8. Sondolo IT
9. Age Analysis of Staff Debt
10. Improvement of Psychological Services 2
CONTENT
11. Optimum Use of Staff
12. Action Plan for Filling of Critical Vacancies
13. Offender Labour
14. Remand Detention Classification System
15. Cell Phones in Correctional Centres
16. Harrismith Escapes
17. Kimberley – Lessons from Riot – EST Official
18. Chairpersons Parole Boards
19. Parole Board Offices
20. Durban Escapes; Improper Conduct : Kokstad; Dbn – Wilson
Matter
21. Vetting of Officials in DCS
22. Internal Audit 3
1. REPORT ON LITIGATION
Nature of liability Opening balance 31/03/2010
(R’000)
Liabilities incurred April - June 2010
(R’000)
Closing balance 30/06/2010
(R’000)
Damage 15,144 0 15,144Damages HIV 3,455 0 3,455Defamation 1,795 0 1,795Bodily injury/assault 986,598 1,095 987,693Unlawful conduct 0 2,000 2,000Unlawful detention 176,235 18,742 194,977Compensation 25,107 0 25,107Death in detention 14,130 0 14,130
4
1. REPORT ON LITIGATION (Cont…)
Nature of liability Opening balance 31/03/2010
(R’000)
Liabilities incurred April - June 2010
(R’000)
Closing balance 30/06/2010
(R’000)
Claims for legal cost 40,004 0 40,004Unlawful deduction 10 0 10Unpaid rental 1,326 0 1,326Breach of contract 3,048 0 3,048Rape 4,089 0 4,089Pain and suffering 10,937 100 11,037Damage to property 2,494 69 2,563Motor accidents 3,852 232 4084Other 95,091 0 95,091Total 1,383,315 22,238 1,405,553
5
2. OSD FOR EDUCATORS – RESULTS OF IMPLEMENTATION
• 424 Educators have been translated on 5th July 2010
• 5 Educators have not yet been translated
• 19 Educators who have terminated their services have not yet been
finalised
• R19,8 million is estimated for the OSD implementation
• R11,2 million has been spent on OSD implementation as at 9th July
2010
• Pay progressions and recognition of experience have not yet been
finalised as it needs to be tabled at the Bargaining Council
6
3. OUTSTANDING INVOICES FROM SITA
• A meeting was held between DCS and SITA on 3rd September
2010.
• The meeting was attended by the following officials:
o DCS – National Commissioner, CFO, CDC: OMS, GITO,
Finance and SCM
o SITA – acting CEO, acting CFO and two (2) board members (1 –
Stakeholder Relations and Communications and 1 –
Chairperson of Audit and Risk Committee)
• During the meeting DCS and SITA decided to both perform
reconciliations on all outstanding invoices according to their
respective records.
7
3. OUTSTANDING INVOICES FROM SITA (Cont…)
• A follow-up meeting between DCS and SITA will be scheduled in
order to interrogate the outcome of the two reconciliations
• A way forward will be determined during the follow-up meeting.
8
4. OUTSTANDING INVOICES FROM DPW
Item Month Date received
Date of payment
AmountR’000
Leases April to September 2010
22 July 2010 29 July 2010 32,868
Municipal Services
May 2010 08 August 2010 13 August 2010 33,970
June 2010 18 August 2010 24 August 2010 41,398
Capital Projects April 2010 25 May 2010 02 July 2010 25,529(amount claimed
30,086)
May 2010 22 June 2010 26 July 2010 46,955(amount claimed
50,305)
June 2010 14 July 2010 01 September 2010
45,829
Arrear payments
March 2010April – May 2010
01 September 2010
6,3067,907
9
5. REPORT ON ARV SPENDING
Allocation and Expenditure: 2009/10 Financial year
Description Allocation
R’000
Commitments
R’000
Expenses
R’000
Available budgetR’000
EC 0 0 0 0FS/N. Cape 0 0 0 0Gauteng 2,675 0 1,885 791Kwazulu/Natal 9,591 0 7,569 2,022LMN 478 2 0 476W. Cape 838 3 689 147Departmental Resp.
13,582 5 10,143 3,436
10
5. REPORT ON ARV SPENDING (Cont…)
Allocation and Expenditure: 2010/11 Financial year
Description Allocation
R’000
Commitments
R’000
Expenses
R’000
Available budgetR’000
EC 0 0 0 0FS/N. Cape 25,849 0 0 25,849Gauteng 2,100 2 0 2,098Kwazulu/Natal 100 0 526 -426LMN 0 0 0 0W. Cape 705 3 60 642Departmental Resp.
28,754 5 586 28,163
11
5. REPORT ON ARV SPENDING (Cont…)
• In the previous financial year (2009/10) 74.67% of the allocated
budget was spent (R10,143 million against R13,583 million)
• Under spending of the previous financial year was due to the late
allocation of funds to regions after the line item was created
• Not all regions have been allocated a budget under Item: Inv Medi
Antiretroviral drugs
• There is a need to review and correct the allocation of Item: Inv Medi
Antiretroviral drugs to be standardised and be under the same
responsibility in all regions/management areas and correctional
centres
12
6. BREAKDOWN OF ART SITES
13
Region Management Area
Correctional Centre
Name of Centre
Date Accredited
Gauteng Johannesburg Medium C Sizophumelela Clinic
16.03.2007
Pretoria Local Centre Tshepo Wellness Clinic
26.03.2008
Krugersdorp Krugersdorp Bophelong Wellness Clinic
28.05.2009
Boksburg Boksburg SizananiWellness Clinic
04.12.2009
Total : 4
6. BREAKDOWN OF ART SITES
14
Region Management Area
Correctional Centre
Name of Centre Date Accredited
Western Cape
Brandvlei Maximum Wellness Centre 07.08.2007
Pollsmoor Medium A Ubomi Wellness Clinic
15.09.2008
Total : 2
Eastern Cape
St Albans Medium B Wellness Centre 27.11.2006
East London Medium B Wellness Centre 28.09.2007
Middledrift Middledrift Wellness Centre 06.12.2007
Mthatha Maximum Wellness Centre 12.12.2007
Total : 4
6. BREAKDOWN OF ART SITES
15
Region Management Area
Correctional Centre
Name of Centre Date Accredited
Free State / Northern Cape
Grootvlei Medium A ART Assessment / Provision Centre
03.08.2005
Kroonstad Centre C ART Assessment / Provision Centre
22.03.2007
Groenpunt Maximum ART Assessment / Provision Centre
23.03.2007
Kimberley Kimberley ART Assessment / Provision Centre
30.03.2007
Total : 4
6. BREAKDOWN OF ART SITES
16
Region Management Area
Correctional Centre
Name of Centre Date Accredited
KwaZulu Natal
Empangeni Qalakabusha ART Site April 2006
Pietermaritzburg Medium A ART Site May 2006
Kokstad Medium B ART Site 18.07.2007
Kokstad Ebongweni ART Site 18.07.2007
Durban Medium B ART Site Sept 2007
Ncome Medium A & B 2008
Total : 6
LMN Klerksdorp Klerksdorp Lesedi Wellness Clinic
12.03.2009
Total : 1
Grant Total : 21
7. PHEZULU FENCING (PTY) LTD
Ownership:
• Shareholders are as follows:
o Ms. GT Josephs 67% shares
o Ms. SM Rodenburg 13% shares
o Penta Projects (Pty) Ltd 20% shares
Ms. GT Josephs 10% shares (in Penta Projects)
Ms. SM Rodenburg 90% shares (in Penta Projects)
17
6. PHEZULU FENCING (PTY) LTD (Cont…)
Details of contract:
• One (1) contract with DCS, namely HK 24/2005
• The contract makes provision for supply, delivery, installation,
commissioning and maintenance of Outer Perimeter Fences with/or
Taut Wire Detection Inner Fences, and CCTV surveillance cameras
at a number of Centres of Excellence and other Correctional
Centres, as well as the linking of Taut Wire Detection Systems that
are already installed to the integrated security systems to allow
coverage at control rooms, upon the terms and subject to the
conditions as set out in the Specifications
• The system must integrate into the local, regional and National
control rooms, providing for effective off-site monitoring18
7. PHEZULU FENCING (PTY) LTD (Cont…)
Details of contract (cont…):
• The cost for supply, delivery, installation, commissioning (including
support and maintenance during warranty year) was
R436 185 110-35
• The cost for maintenance charges after warranty year, for a four-
year period, payable monthly in arrears, is R1 057 350-00/month
(subject to one increase by the CPIX (CPI, table 16: Services) on the
anniversary of the signing of the contract)
• The contract was signed on 30 November 2005
19
7. PHEZULU FENCING (PTY) LTD (Cont…)
Details of contract (cont…):The services, Full Security fence – Outer perimeter fence plus Taut wire
detection inner fence, with CCTV cameras were delivered at:
• Eastern Cape Region (Cradock, Kirkwood, Stutterheim, Idutywa and Queenstown)
• Kwazulu Natal Region (Ekuseni - Newcastle)
• Limpopo / Mpumalanga / North West Region (Ermelo, Makhado, Rooigrond Med A – Mmbatho, Rustenburg Med A)
• Free State and Northern Cape Region (Goedemoed Med A - Aliwal North, Kroonstad Med C, Kuruman, Sasolburg, Ventersburg)
• Western Cape Region (Brandvlei Max – Worcester, Drakenstein Med B - Suider Paarl, Drakenstein Max - Suider Paarl, Dwarsrivier – Wolseley, Helderstroom - Caledon)
• Gauteng Region (Leeuwkop Max – Bryanston, Baviaanspoort Max - Cullinan Road, Zonderwater Med A & B – Cullinan, Odi – Mabopane, Boksburg 20
7. PHEZULU FENCING (PTY) LTD (Cont…)
Details of contract (cont…):The services, Taut wire detection inner fence only with CCTV cameras
were delivered at:
• Eastern Cape Region (Eastern Cape Region,East London Med A, East London Med B, Mdantsane, East London Med C, Middledrift, Umtata Max)
• Gauteng Region (Emthonjeni Juveniles – Baviaanspoort Cullinan Road, Leeuwkop Juvenile - Bryanston)
• Kwazulu Natal Region (Ncome Med A - Vryheid)
• Limpopo / Mpumalanga / North West Region (Klerksdorp, Middelburg Female, Rooigrond Med B – Mmabatho, Rustenburg Juvenile)
• Free State and Northern Cape Region (Douglas, Groenpunt Juvenile – Vereeniging, Groenpunt Max – Vereeniging, Upington)
• Western Cape Region (Pollsmoor Female, Pollsmoor Maximum, Pollsmoor Med A, Pollsmoor Med B, Voorberg Med B - Porterville
21
7. PHEZULU FENCING (PTY) LTD (Cont…)
Details of contract (cont…):
Integration (linking) of existing Taut Wire detection systems to the
integrated security systems to allow coverage at control rooms, at:
• Western Cape Region (Malmesbury)
• Gauteng Region (Johannesburg)
• Kwazulu Natal Region (Durban/Westville, Embongweni – Kokstad,
Pietermaritzburg
• Eastern Cape Region (St Albans - Port Elizabeth)
22
8. SONDOLO IT
• Sondolo IT Company was paid R3,576,000.00 million per month
during the first quarter of 2010/11 for contract HK2/2005 (access
control and cctv cameras)
• This amount constitute a monthly maintenance fee which is
comprised of the following:
o Maintenance for VPN R 899,000.00
o Hardware maintenance R2,600.000.00
o Licensing fee for IMIS software R 77,000.00
• It is ongoing maintenance fee until the expiry of the maintenance
contract on 31 March 201123
9. AGE ANALYSIS OF STAFF DEBTS
Less than one year
R’000
One to three yearsR’000
Older than three years
R’000
June 2010
R’000
2009/10
R’000
Staff debtors 25,456 17,515 19,109 62,080 62,730
Total 25,456 17,515 19,109 62,080 62,730
24
The above age analysis of staff debts comprises of the following
categories:
•Breach of contract
•Damages and losses
•GG accidents
•Leave without pay
•State guarantee
•Tax debt
10. IMPROVEMENT OF PSYCHOLOGICAL SERVICES
• Upgrading of salary levels for psychologists in 2008/09 – from level 8 -10 : attracted more psychologists
• Recruitment drive – August 2010 - received positive feedback that there is interest in some rural areas where previously there was no interest to work there at all
• Negotiations with tertiary institutions to use Master’s psychology (clinical and counseling) students to do practical work under supervision of university lecturers at correctional centres
• Utilize volunteers (registered clinical or counseling psychologists) who are registered at the Health Professions Council of South Africa (HPCSA) to render services at correctional centres
• Health Professionals at Correctional Centre may contract in external psychologist in areas where no departmental psychologist is nearby in cases of emergency (Directorate Health pays the consultation fee)
25
10. IMPROVEMENT OF PSYCHOLOGICAL SERVICES
• Improvement of psychological services to be incorporated with the concept of Centres of Expertise – still in process
• Regional Commissioners tasked to improve working conditions of psychologists :
• 11 Laptops purchased by Directorate Psychological Services and sent to psychologists in Regions
• Heads of Correctional Centres assisted psychologists with suitable office accommodation
• Approval by Heads of Centres and HRD for psychologists to attend external training courses to obtain Continuous Professional Development (CPD) points as required by HPCSA
• Service Level Standards for Psychologists revised, approved and communicated in June 2010 – focus more on group therapy rather than individual therapy in order to improve service delivery and increase offender participation 26
11. OPTIMUM USE OF STAFF
• Plan to improve distribution of staff for offender management
(Security and Corrections)
• Task Team established for revision of staffing ratios for member
inmate ratio based on:
Offender Rehabilitation Path requirements
alignment of structure and functions of DCS
7 day establishment
reclassification of Correctional Centres
• Envisaged completion date - 30 September 2010
(Approved staffing ratios attached)
27
12. ACTION PLAN FOR FILLING CRITICAL VACANCIES
• National action plan and progress report as on 30 August 2010 attached
• Action Plan Advertisement to Interviews to Assumption of duty – From July
to October 2010
• Progress Report
Most Regions busy with short listing
28
13. OFFENDER LABOUR
• DCS utilise labour and skills of offenders in different work activities as form of skills development and offender
empowerment
• Part of preparing offenders for successful reintegration into community and job market
• Population of offenders increased drastically - use of offenders in labour activities decreased
• Decrease attributed to different factors
29
CURRENT STATUS
• Department of Public Works took over maintenance of government buildings through specialized programme “REPAIR AND MAINTENANCE PROGRAMME (RAMP)”
• DCS used to maintain own buildings through utilization of offender labour
• Use of DPW in maintenance of correctional facilities led to reduction of utilization of offenders in day to day maintenance
• Repair and maintenance contracts divided into following trades:
- Water and sewerage works- Mechanical and electrical installations (boilers,
kitchens etc.)
30
CURRENT STATUS
- Buildings and related services and civil infrastructure- Civil works, roads, storm water and services- Buildings, related services, electrical, mechanical
installations and civil infrastructure (for smaller prisons)• DCS had over years two streams of artisans especially at
big management areas:– Building works group - strictly responsible for building
new structures– Maintenance group - responsible for maintenance of
facilities up to R30 000.00 per case limit - anything above limit referred to DPW for funding and implementation
31
CURRENT STATUS
Building and maintenance programme – Building works team had own offender teams and
likewise maintenance team – Over years building works teams became depleted
due to scarcity of work opportunities as DPW reluctant to approve major projects to be undertaken by building works teams
– In some management areas these teams were absorbed by the maintenance teams
32
CURRENT STATUS
Agriculture• DCS has 21 Correctional Centre farms and 101 smaller
vegetable production sites - cover an area of 40 000 hectares
• Following agricultural activities taking place at these correctional centre farms:
- Vegetable production- Fruit production- Milk production- Red meat abattoirs- White meat abattoirs (Chicken)- Piggeries
33
CURRENT STATUS
• Since 1984 number of farms stagnant – Last Correctional Centre farm obtained 1983 (Glencoe)
• Limits expansion of agricultural production and self-sufficiency
• Of 40 000 ha - 20 885 ha designated for grazing and 8426 for arable land
Production workshops• Average offender labour (warm bodies) in correctional
centres workshops is 1744 which include Wood and Steel workshops, Textile workshops and Bakeries
• Materials Budget for 2010/2011 is R3 853 500 for all the wood & steel workshops. Ideal budget for wood and steel workshops is 47 000 000. Budget allocation is zero based but should be cumulative to accommodate increase in prices for commodities
34
CURRENT STATUS
Availability of sufficient offender labour
• Number of offenders required to meet current labour need in agriculture is 6888 offenders average per day
• Department has managed to provide 2905 offenders daily on average during 2009/2010
35
FACTORS CONTRIBUTING TO DECREASE IN OFFENDER LABOUR
• Lack of spans allocated due to implementation of 2x12 hour shift system
• Shortage of security personnel (horse back, dogs, etc.) who can be allocated to different spans for security
• Low pace of acquisition of agricultural farms and grazing land
• Insufficient Budget allocation and agriculture budget not under the direct control of agriculture personnel
• Reduction of working hours of offenders by Heads of Correctional Centres
• Salary scales do not attract Artisans and Agriculture Technicians to DCS
36
FACTORS CONTRIBUTING TO DECREASE IN OFFENDER LABOUR
• No correctional officials allocated to Artisans to guard offenders when they work - Artisans supposed to work, guard and train offenders
• Offender to official ratio will reduce to at least 1 Artisan for 3 offenders instead of the current 1:8 if not guarded by security staff or Correctional Officials
• Gratuity scale of offenders not reviewed since 2004. Offenders not remunerated according to work and knowledge / training but to security classification
37
14. Remand Detention Classification System
• Draft Legislation submitted together with draft White Paper for consultation & finalization – Going to Cluster and then Parliament
• Classification tool, framework / protocol dependent on outcome of consultation
(See report attached)
38
15. CELL PHONES IN CORRECTIONAL CENTRES
• Policy procedures are clear – senior managers and other persons
that must use cell phones in professional capacity may have cell
phones
• Inmates not allowed to have cell phones
(See report attached)
• 27 of 41 ATDs who escaped recaptured (including the two that were
recaptured in Lesotho)
• They remain incarcerated at Groenpunt Management Area
• Cases to be heard in court on 30 September 2010
• Internal Disciplinary Processes
39
16. HARRISMITH ESCAPES
17. KIMBERLEY – LESSONS FROM RIOTS – ALLEGATION EST MEMBER
• Centre handed over Nov 2009 & inmates admitted from 19 January 2010• End February 2010 Centre started operating• Presently 2503 offenders - transferred from all Regions – mostly Western Cape and Gauteng• Medium classified offenders - also lifers that have been classified mediums and have committed serious crimes Lessons learnt from recent riot • Profiling of offenders - ensure suit category needed for type of Centre• Classification tool must be revisited• Adherence to security measures and policies• Complaints of offenders be attended to on time• Placement of officials - mixture of experienced and less experienced• Provision of Leadership by HCC Allegation about EST member with his dog• All EST dogs do not respond to name when called to do so• Communication sent to management areas sensitizing them about naming of dogs
40
18. CHAIRPERSONS : PAROLE BOARDS
41
Region Status
KZN 8Shortlisting done. Received shortlisting memoranda and submitted to CDC on 27/08/2010.
WC 10 Interviews completed. Memoranda to be couriered Monday 6 September 2010
FS/NC 7Shortlisting completed. Memorandum submitted to the RC for signature
EC 9Shortlisting done. Received shortlisting memoranda and submitted to CDC on 23/08/2010.
Gauteng 11Busy with shortlisting
LMN 8Initial memorandum still in the office of the Commissioner.
19. PAROLE BOARD OFFICES
• Summary : Parole Board Offices
Completed - 47
Tender Phase - 3 in KZN (Durban = 2; PMB = 1)1 in Gauteng (Zonderwater)
Construction Phase - 2 in Gauteng (Odi & Baviaanspoort)
It is correct that the Parole Board office at Rustenburg was only completed after expiry of the term of the chairperson. However the chairperson was allocated an office to perform her duties while the parole board office was under construction
(Breakdown of report on Parole Board Offices attached)
42
20. DURBAN ESCAPES - IMPROPER CONDUCT – KOKSTAD OFFICIAL – WILSON MATTER
Durban Escapes• 16 Officials involved
9 guilty of misconduct 2 not guilty 5 disciplinary hearings pending
• 9 guilty of misconduct 3 received final written warning 4 suspended without pay for 3 months 2 suspended without pay for 3 months
Kokstad (Ebongweni) Official Improper Conduct Investigation finalized – official summarily dismissed – official registered
case of unfair dismissal against department Two more officials summarily dismissed for sleeping on duty while
incident took place Area Commissioner redeployed all female officials to control rooms and
administrative posts Further investigations to determine whether more officials were involved
43
20. DURBAN ESCAPES - IMPROPER CONDUCT – KOKSTAD OFFICIAL – WILSON MATTER
Amarivathee Wilson
Cases against all officials involved withdrawn except for HCC due to 7 years lapse
HCC case for not acting against officials within necessary timeframe pending
44
21. VETTING OF OFFICIALS IN DCS
45
Senior Management
Total Officials
Total Vetted Percentage Vetted
Total Requiring Vetting
% not Vetted
CDC/RC 15 2 13.4% 13 86.6%DC 24 3 12.5% 21 87.5%Directors 132 17 12.9% 115 87.1%
Total 171 22 12.9% 149
StaffTotal Officials
Total Vetted Total Not Vetted
% Vetted % Not Vetted
Non-Centre Based
616
Centre Based
1862
Total 2478 38473 6.1% 93.9%
(Breakdown of security clearance levels attached)
22. INTERNAL AUDITThe following documents are provided (attached) to indicate the functioning of Internal Audit in DCS:
Rolling Three Year Strategic Internal Audit Plan for period ending
31 March 2013 and Annual Audit Plan for period ending 31 March 2011.
This document indicates the audits to be conducted as was approved by the Audit Committee. It also indicates the current capacity as well as the
capacity constraints
Progress made with the Internal Audit projects for the 2009/10 financial year - This document indicates the progress regarding audits that had to be performed for the 2009/10 financial year. This might give an indication of effectiveness taking into account the current capacity in Internal Audit
• Meeting at 30 March 2010 Audit Committee commended Internal Audit for finalising all projects on the Internal Audit Plan for the year ending 31 March 2010 despite capacity challenges
46
WAY FORWARD
• Prioritising of building capacity in Internal Audit and Vetting Unit• Policies and Procedures on offender labour be reviewed• Shift systems within correctional centres to be tailored to suite
needs of specific correctional centre and therefore maximizing offender labour
• Spans allocation to be revived• Offender labour also to be geared towards poverty alleviation
projects as way of reparation and restoration • Utilisation of external contracts in maintaining buildings in
correctional centres be minimized and use offenders as part of their training
• National Treasury to advice on review of offender gratuity• Appropriate allocation of funds for day-to-day maintenance and
building and civil works by regions
47
48