CSPRI Submission to the Portfolio Committee on Correctional Services on the Correctional Services Budget and Strategic Plan (Vote 20).pdf
The submission deals with three broad themes in relation to the budget and strategic plan, namely achievements of the DCS, areas of concern, and reporting.
The Treatment of Children in South African Prisons - A Report on the Applicable Domestic and International Minimum Standards (Research Paper No. 11)
The purpose of this report is to describe the compliance requirements in terms of domestic and international law for the Department of Correctional Services as it pertains to the treatment of children in prison. International law is replete with normative standards applying to the treatment of children in prison. As this research paper focuses on children in prison, the emphasis is placed on the relevant provisions of the Convention on the Rights of the Child and the UN Rules on Juveniles Deprived of their Liberty, as well as some of the provisions of the UN Standard Minimum Rules for the Treatment of Prisoners. Further, the Correctional Services Act of 1998 is an important legal framework in the administration of prisons and the treatment of all prisoners, including children. The White Paper on Corrections, released in March 2005 by the Department of Correctional Services, constitutes a comprehensive blueprint augmenting the legal framework in the Act. The report also pays attention to the situation at ground level and identifies particular problem areas. This paper makes a number of observations in relation to the need to upgrade some areas of these domestic laws and policies to ensure compliance with the international law framework. Examples of practical compliance and non-compliance are also highlighted, calling for the need to go beyond progressive laws and policies.
Offender rehabilitation and reintegration: taking the White Paper on Corrections forward (Research Paper No. 10)
This research paper focuses on offender reintegration and based on international and domestic research, interrogates the notion of offender reintegration. In an effort to support the further realization of the White Paper it formulates principles, based on extensive international meta-analysis supported by local research, on what works and what does not work in offender reintegration. It argues for an approach to offender reintegration that is based on knowledge and rigorous in design and, implementation and evaluation.
A study of best practice in prison governance (Research Paper No. 9)
Despite the fact that the Department of Correctional Services has attracted significant media attention as a result of the Jali Commission's investigations, this paper focuses on examples of good governance. The purpose is to demonstrate that despite adverse conditions, individual managers are able to delivery effectively on the department's mandate. The intention is that such examples should be sued for internal learning and replication purposes.
South African Prisoner's Right to Vote: Addendum to "Prisoners' Rights Litigation in South Africa since 1994: a Critical Evaluation" (Research Paper 3A)
Subsequent to the Constitutional Court case in which the right of prisoners to vote was secured prior to the 2004 general election (Min of Home Affairs v NICRO), this is an addendum to Pierre de Vos's paper on the impact of litigation to promote the rights of prisoners
Report of the Evaluation of the Independent Prison Visitors (IPV) System (Research Paper No. 5)
In 1999 the relevant sections of the Correctional Services Act was promulgated to provide for the establishment of the Judicial Inspectorate of Prisons. The Independent Prisons Visitor, as provided for in the Act, is the main mechanism of the Judicial Inspectorate to hear and address the complaints of prisoners. With hundreds of Independents Prison Visitors appointed by 2003, this paper reviews the effectiveness of the system to address the complaints of prisoners.
Alternative Sentencing Review (Research Paper No 6)
Whilst the South African legislation makes ample provision for non-custodial sentencing options, practice reveals that these sentencing options are severely under utilized. Research in a number of jurisdictions reveals a system beset by practical problems, lack of knowledge, infrastructure problems, and attitudinal obstacles. Practical recommendations are provided on promoting non-custodial sentencing options as a result of the research.
A Review of the Judicial Inspectorate of Prisons of South Africa (Research Paper No. 7)
This paper reviews the effectiveness of the Judicial Inspectorate in fulfilling this mandate as an oversight structure. Report by Saras Jagwanth
Review of the Judicial Inspectorate of Prisons of SA (Research Paper No. 4)
This report provides a detailed analysis of the legal mandate and powers of JICS. A number of recommendations are made to enhance its independence, efficiency and effectiveness. Report by Saras Jagwanth
Report on the evaluation of the Independent Prison Visitors System
The report provides a detailed analysis and evaluation of the Independent Prison Visitors (IPV) system of the Judicial Inspectorate for Correctional Services (JICS). Recommendations focus on the appointment process of IPVs; the performance management system for IPVs; the quality of feed-back given to prisoners; the training of IPVs; Interaction between IPVs and DCS officials; additional IPVs or the allocation of more time; Interaction with prisoners and work outside mandated duties, and political oversight. Report by Jacqui Gallinetti
Power-point Presentation on the Review of the Judicial Inspectorate of Prisons of South Africa
The presentation provides an overview of the research conducted to assess the efficacy of the Judicial Inspectorate for Prisons in South Africa.
Prisoners' Rights Litigation in South Africa Since 1994, a Critical Evaluation (Research Paper No. 3)
Prisoner's rights litigators face serious challenges when they take on the Department of Correctional Services. There is a lack of respect for the Rule of Law within prison services, which means existing rules are disobeyed, court orders ignored and corruption and misconduct condoned or covered up; representatives of prison services often fear taking responsibility and therefore often fail to act, passing on cases to court in an attempt to "pass the buck"; the leadership in the Department often does not know what is going on in individual prisons; the public and the newspapers have little sympathy for prisoners and there is little publicity for the plight of prisoners and consequently representatives in the prison service feel that they can get away with actions that would otherwise not be tolerated; and conditions of overcrowding in the prisons are often caused by problems in the criminal justice system and must be addressed if one wants to improve the conditions under which prisoners are kept. This means that at present litigation against the Department of Correctional Services seldom brings lasting changes in the conditions of prisoners and/or in the way prison officials and the political leadership in the Department operate. Despite these problems, prisoners' rights litigation could be a powerful weapon deployed to address the lack of respect for the Rule of Law, which lies at the heart of the problems faced by the Department. Other non-legal strategies could be used alongside litigation strategies to place ever more pressure on relevant officials and the political leadership in the Department. Such pressure would then force the prison leadership to act because inaction would become impossible.
Policy Developments in South African Correctional Services 1994 - 2002 (Research Paper no. 1)
The period 1994 to 2002 in South African Correctional Services history is reviewed in this paper and was prompted by the apparent confusion characterizing correctional policy during this period. During this period substantial policy changes were adopted, such as the privatization of prisons, but with limited debate and oversight. The paper records for historical purposes important trends and mistakes made during this period, but also serve as a clear reminder of the importance of transparent knowledge-based policy development.
Optional Protocol to the Convention against Torture and Other Cruel and Inhumane Treatment (Research Paper No. 2)
South African ratified the UN Convention Against Torture in December 1998 and played a significant role in the drafting of the Optional Protocol to the Convention against Torture (OPCAT). The UN General Assembly adopted the OPCAT in December 2002 and since February 2003 the OPCAT has been open for signature. By October 2005 there have been 48 signatures and 13 ratifications. The Protocol requires 20 ratifications to become binding on UN members. The OPCAT is a powerful international human rights instrument as it provides for national and international visiting mechanisms to all places where people are detained. This includes prisons, police cells, immigration centres, and psychiatric hospitals, amongst others. Regular visits to such facilities have been proven as an effective measure against torture and the ill treatment of people deprived of their liberty. This paper investigate the implication for South Africa should it sign and ratify the OPCAT.
A Review of Civilian Oversight over Correctional Services in the Last Decade (Research Paper No. 4)
The restricted and hidden nature of the prison regime was dramatically apparent in apartheid South Africa, where prisons shunned outside scrutiny and engagement in all correctional matters. The correctional system was an inherent part of the political apparatus that upheld the apartheid state. Prisoners were segregated according to race, and the staff hierarchy echoed similar racial lines. The adoption of the Bill of Rights in firstly the interim and then the final Constitution in 1993 and 1996 finally established the right of prisoners to be treated with human dignity and set out the mandatory minimum rights of people deprived of their liberty and those held in custody. These guideline principles, later amplified in the Correctional Services Act of 1998, seek to define how the Department of Correctional Services (DCS) should implement its correctional mandate in keeping people in custody. Recognising the importance of accountability and oversight mechanisms in respect of public institutions, the Constitution created vehicles for civilian oversight. Mechanisms were also created to focus exclusively on prisons. A decade after this transition, it is timeous to evaluate how these mechanisms are functioning, and to what extent they are serving their envisaged purpose.
