POLICE AND PRISONS CIVIL RIGHTS UNION



| police and prisons civil rights union |

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|PRESENTATION TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES |

|TOPIC: 2012/13 ANNUAL REPORT FOR THE DEPARTMENT OF CORRECTIONAL SERVICES |

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|A Submission prepared by the Police and Prisons Civil Rights Union (POPCRU) |

|1Marie Road, Auckland Park, Johannesburg, 2000 |

|Tel: 011 242 4600; Fax: 086 625 3054; Email: gs@.za |

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|OCTOBER 2013 |

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Honourable Chairperson, Honourable Members of the Portfolio Committee, Leadership of the Department of Correctional Services, Leaders of Organised Labour, Ladies and Gentlemen. It is a great honour for POPCRU to be part of this important sitting which is aimed at sharing ideas that contribute to the improvement of service delivery. Discussions of this nature are always valuable to us because we believe that we have a moral obligation and a social responsibility in contributing towards the shaping of the Department of Correctional Services.

Chairperson, let me commence by mentioning that we have a serious concern with regard to the inputs which are tabled in this meeting but never considered by the DCS. POPCRU would like to remind this house that this sitting should not be regarded as just a matter of compliance with the rules of Parliament. We therefore want to see implementation to the inputs which are recommended by this Committee. Furthermore, we are not pleased with the fact that we always receive invitation for this sitting well in advance whereas the department’s report is only tabled few days prior to the meeting. This practice is unfair to the stakeholders, taking into consideration that other stakeholders are not based in Cape Town. Distribution of these documents becomes a procedure which requires a number of days, at the same time, the report is also never available on time electronically. This is a serious challenge for us, we therefore urge this Committee to seriously relook into this matter.

Our submission is structured as follows:

Capacity within the Department: Capacity continues to be a challenge within the Correctional Services. We are gravely concerned with the pace in which vacant positions are being filled. We do not understand why there is such a high vacancy rate, including the scarce skills and strategic posts vis a vis under-expenditure due to positions not filled. This is one of the challenges which poses a very serious threat towards effective service delivery. Funds are always returned each year, which could be used to attract professionals and in return work towards the improvement of service delivery. We really need the department to provide clarity on this matter.

The report informs us that the department is looking at developing among others a retention strategy.

Our submission on this matter is that this strategy should be an implementable instrument which will indeed ensure that the department reduces the resignations [36.4% for 2012/13] of valuable officials whom their employment add more to the department.

Organizational Structure: The 2012/13 report indicates that the realignment of the organizational structure for top management posts has been finalized and the realignment process for the branches, Regions, Area and Correctional Centres will be finalized in the next financial year. This statement is disadvantaging us as we could not access the realigned structure. The authenticity of this commitment is thus questionable, unless the Committee was supplied with the said structure. For that matter, we the relevant stakeholders [of which we regard ourselves as one of them] could have been consulted in this process. We have been raising the problem of top-heavy structure for many years in this committee. And nothing seems to be happening at all in that regard. There is a skewed configuration of the constitutionally demarcated provinces within the department. And this is directly related to the structure. It therefore, cannot be something just to mention as a by-the-way kind of approach, as the department has done. For that reason, we are unable to make valuable inputs on this matter and we would be happy if the committee pays more attention on this matter.

An increase of staff establishment at the grassroots will allow for the enhanced implementation of the department’s mandate. Therefore, we reiterate that a flatter top structure is required for the betterment of service delivery to the South African citizens, rather than the many layers of command and control currently in existence. Restructuring the service is necessary as a way forward to better rehabilitation and integration of offenders. The revised structure should therefore incorporate the advantages of decentralisation of work and authority, along with specialised skills that will be available at centre level. Furthermore, the department must meaningfully consult organised labour with regard to the restructuring processes.

Departmental Expenditure: We are disturbed by the reported fruitless expenditure [pg 159]. We have noted that it has decreased to 34 as compared to 71 for the previous financial year, but we still believe that the department should have done more in decreasing unnecessary expenses. We further noted a massive increase in irregular expenditure [pg 158], 579 as compared to 215 for 2011/12. We cannot allow a situation whereby tax payers’ money is misused in this manner. The department needs to be always cautious with their spending procedures For that reason, we need to see a great improvement on this matter as we believe Correctional Services should be well capacitated in ensuring effective utilisation of funds and work towards complying with the Public Finance Management Act.

Increased spending of 825 for 2012/13 as compared to 678 for 2011/12 [page 151] on outsourced services is very disappointing as we have previously emphasised this point on a number of occasions that they should work towards the reduction of outsourcing services. These consultants, as well as foreign workers, could not be trusted to carry the department’s interests at heart. It is our submission that they can easily compromise the integrity of Correctional Services in one way or another, whilst at the same time consuming the bigger chunk of the budget.

Corruption and Maladministration: The DCS have formal policies and procedures which communicate ethical values to the officials. However, looking at the continuous number of reported cases of fraud, corruption, maladministration and so forth, we have realized that discipline continues to be a challenge within the department. The fact that governance in the department has been affected by several suspensions of officials is a very disturbing point, as such, we have realized a need for the department to develop a more effective mechanism of preventing maladministration and corruption. The White Paper on Corrections clearly states that the ideal correctional official should embody the values that Correctional Services hopes to instill in the offender as it is this official who is responsible to assist and facilitate the rehabilitation processes of the offender. We would like to applaud the majority of our dedicated members who continue to be loyal in their execution of duties.

We further remind the department that quality service delivery is largely dependent on having the right people in the right places with competencies and skills which augment their scope of operation. Therefore the department must realign the functions and responsibilities of officials to better enhance the core mandate of the DCS.

Labour Related Challenges: Honourable Chairperson, The Department of Correctional Services and organised labour restored working relations on Monday, the 11th of February 2013 in Pretoria whereby the Minister made it clear that the department cannot function effectively if its personnel corps is not happy, motivated and excited about their careers. The Minister directed formation of the Ministerial Task Team to track progress on unresolved issues affecting correctional officials and the required delivery of services. The department and organised labour were in unison that resolutions ought to be found for a wide ranging number of issues, some of which were long outstanding. It was agreed that the task team reserved the right to expand on the list of issues to ensure that no outstanding matter is left unattended. We however, have a serious concern with the progress made because since the last sitting of the MTT, we did not get feedback on the mandate to be sought of specific issues, like the following:

➢ Translation of correctional officials who were declared as artisans to the OSD of Correctional officials;

➢ Second [02nd] Phase OSD for Correctional Officials;

➢ Backdated Overtime;

➢ Shift patterns and the Safety of Members;

➢ Members employed in terms of Public Service Act.

Skills Development: With regard to improving skills development of officers, the department reported to have trained 17 662 officials in their various specialties. But what the report omitted is to provide us with the total number of staff complement in order for us to measure progress towards this programme, taking into consideration the fact that the Minister declared 2013 a year of the Correctional Official.

We therefore find it necessary, moving forward, to see more being done in capacitating and further improving working conditions of these members in order for them to better service the South African society.

Policy Development: We have noted that the department has developed, among others, an Integrated Employee Health and Wellness Policy and Procedures in line with the DPSA Employee Health and Wellness Framework. Our input is that, this should be an implementable and effective tool which will assist the well-being of our members by eliminating discrimination and other unfair labour practices as opposed to the non-functional Employee Assistance Programmes [EAP] and HIV and AIDS programmes which were of no value to our members.

Honourable Chairperson, we are disturbed with the statement which informs us that Occupational Hygiene Risk Assessment [OHRA] was conducted in the department where exposure was determined. The report further highlighted noncompliance in the workplace with regard to the occupational exposure limits as determined by the OHRA. This statement is displeasing, taking into consideration the reported total number [611] of officials injured on duty. Based on this, we are submitting that the department must, at all times, ensure that they comply with the OHRA as it is an obvious fact that the workplace must be a non-hazardous environment.

It is paramount that the department handles health and safety issues of our members with a sense of sensitivity as the Minister alluded that the department cannot function effectively if its personnel corps is not happy, motivated and excited about their careers.

Overcrowding: The target set for overcrowding in correctional and remand detention facilities has decreased [32%] as compared to 2011/12 [35.95%]. This is disturbing, irrespective of the target met, the fact remains the department needs to take this humongous challenge very seriously and give it the attention it deserves. We are also disturbed by the fact that funds are being utilized to create new office space at Head Office [pg 59] whilst the department continues to have overcrowded facilities, with the shortage of space being reported as the main challenge. Looking at the actual achievement for number of facilities subjected to major repairs and renovations, we would like to urge the department to prioritize creating more space at correctional facilities instead of prioritising their own comfort at the expense of the members who works under undesirable extreme overcrowded facilities.

Offender Training and Skills Development: We noted the progress mentioned under this subject as we have iterated the challenge of inmate labour and skills development to this Committee on a number of occasions. Idleness is not good for inmates and in most cases it leads to gangsterism and of course non rehabilitation of the offenders. This results in members being held hostage and get injured by loitering inmates. For example, the recent violent incidence that took place in the Free State, Western Cape and the Eastern Cape. The report informs us that the department’s supposedly reviewed structure has led to the establishment of Gang Management Task Team that will be functional at national, regional as well as operational level at identified centres. We hope that this approach will not just be another absolute theorising adjacent to the real gangsterism.

Incarceration: the report reflects an increase in the number of escapes and unnatural deaths, with suicide being the main significant course of unnatural deaths amongst inmates. This raised a great concern to us, more especially because the department fails to fill in vacancies for critical posts such as social work and psychology services which can ease the department from this burden.

We are also saddened with the reported percentage of centres with fully functional access control security turnstiles. The 91% deviation means that our dedicated members will continue to work under unsafe facilities. Our submission on this matter is that we want to see our officials working under desirable conditions and the report for the next financial year should reflect as such. A great improvement is urgently needed in this regard. The department must ensure that they provide appropriate services and well maintained physical infrastructure that support safe and secure conditions for both the officials and inmates.

Non Compliance with Policies and Regulations: The report of the Auditor General clearly mentions that the department does not comply with, among others, PFMA, the Public Service Regulations, the Treasure Regulations and so forth. This is witnessed by the reported expenditure and non-written Policies on overtime performance and career management policy for employees other than senior managers. Factors of this nature contributes to unnecessary expenses on employee compensation whilst on the other hand, this might be regarded as one of the contributing factors towards the high percentage of resignation within the department. It is therefore crucial that the DCS should take this kind of issues into serious consideration when developing interventions on the reduction of fruitless expenditure.

Integrated Justice System: We have noted the progress made with regard to strengthening the Criminal Justice System through collaborating with the departments such as home Affairs, South African Police Service, academic institutions and so forth. It is a well-known fact that the South African Criminal Justice System is under severe strain due to the high levels of crime. We would like to encourage the department to continue playing a role towards the improved collaboration between SAPS, DCS, the Department of Justice and Constitutional Development, Home Affairs and Social Development as this will impact positively towards the prevention and eradication of crime in South Africa.

Government departments should not work in isolation as this compromise their efficiency. The concept of integrated approach to safety and security is long overdue. This coordination is not only relevant within the Criminal Justice System, but anywhere where departments are required to work together in a coordinated manner.

In conclusion

It is disappointing, Chairperson, that the DCS continues to receive qualified audit opinion due to lack of matured financial management. There is always a high vacancy level for all the DCS programmes at all skills levels, including critical financial posts, as well as scarce skills professionals. Shockingly, this is coupled by a continuous challenge of under-spending and mismanagement of funds whereas members are owed overtime payment since 2009. This is unacceptable, it is crucial, Honourable Chairperson, that the department functions according to its mandate, as clearly stipulated in the White Paper, and also according to the Constitution.

Over and above the continuous management challenges, POPCRU would like to conclude this submission by appreciating Correctional Officials who continue to work with dedication and devotion under life threatening conditions. To all POPCRU members, we continue to expect vigilance, discipline and professionalism.

We trust that the points raised here will be taken into consideration and further assist the department to better perform its core functions.

I thank you

Delivered by POPCRU

9th of October 2013

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