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.

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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

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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

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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

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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

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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

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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

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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)

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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

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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

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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)

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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

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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)

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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)

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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

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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

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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

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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)

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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

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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

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