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prison privatisation in south africa issues, challenges and ...

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manipulation of public perception <strong>in</strong> order to fuel dem<strong>and</strong> or an <strong>in</strong>telligent bus<strong>in</strong>ess practice?<br />

One of the criticisms of private <strong>prison</strong>s is that companies will have a profit motive to fuel a fear<br />

of crime <strong>and</strong> will encourage reliance on <strong>prison</strong>s as a viable solution. This could then affect policy<br />

mak<strong>in</strong>g <strong>and</strong> crim<strong>in</strong>al justice legislation <strong>in</strong> such a way that the profits of the <strong>prison</strong> company are<br />

served rather than the safety <strong>and</strong> security of the general public. The danger arises when <strong>prison</strong>s<br />

manage only to produce more crim<strong>in</strong>als, <strong>and</strong> the result is actually an <strong>in</strong>crease <strong>in</strong> crime. If<br />

unchecked, the phenomenon could spiral as voters believe more <strong>prison</strong>s will decrease crime<br />

<strong>and</strong> the opposite effect cont<strong>in</strong>ues. In this scenario, the only w<strong>in</strong>ner is the <strong>prison</strong> company which<br />

is provided with a constantly exp<strong>and</strong><strong>in</strong>g market.<br />

Cost<br />

The proponents of <strong>prison</strong> <strong>privatisation</strong>, as with the supporters of <strong>privatisation</strong> <strong>in</strong> general,<br />

ma<strong>in</strong>ta<strong>in</strong> that the private sector can provide the same services as the public sector at a lower<br />

cost. Privatisation <strong>in</strong> other sectors has not necessarily led to cost sav<strong>in</strong>gs, <strong>and</strong> it rema<strong>in</strong>s<br />

debatable that it can actually raise costs <strong>in</strong> the long run. The charge is that contractors, anxious<br />

to break <strong>in</strong>to the market, will submit extremely low estimates. Once a dependent relationship is<br />

established, the contractor will raise prices <strong>in</strong> order to make up for the <strong>in</strong>itial loss.<br />

On the other h<strong>and</strong>, the government does have the option to switch contractors. This option is<br />

only available when private contractors are <strong>in</strong>volved; the state cannot opt to switch to a different<br />

agency or department. Also, when contractors are <strong>in</strong>volved, some of the costs associated with<br />

pay<strong>in</strong>g these companies will return to the government <strong>in</strong> the form of taxes. Many of the<br />

contractor’s expenses–property taxes, payroll taxes, telephone <strong>and</strong> utility fees–are actually<br />

sources of revenue for the government.<br />

Cost comparisons between public <strong>and</strong> private facilities are extremely difficult, <strong>and</strong> not one that<br />

has been completed to date has been accepted as be<strong>in</strong>g accurate. This is because <strong>prison</strong>s vary<br />

<strong>in</strong> terms of size, location, <strong>and</strong> classification of <strong>prison</strong>ers <strong>and</strong> these factors all impact on cost.<br />

Without the existence of two identical <strong>prison</strong>s, cost comparisons are all but impossible. Even<br />

assum<strong>in</strong>g that two <strong>prison</strong>s could be considered comparable, assess<strong>in</strong>g the actual costs is<br />

extremely difficult. Construction costs are difficult to quantify accurately, because of the<br />

chang<strong>in</strong>g value of l<strong>and</strong>, <strong>and</strong> often costs for prepar<strong>in</strong>g the l<strong>and</strong> or f<strong>in</strong>anc<strong>in</strong>g the purchase are<br />

excluded.<br />

The usual mechanism for government agencies is the budget, which is an <strong>in</strong>herently <strong>in</strong>accurate<br />

medium for assess<strong>in</strong>g costs. The true cost of corrections is difficult to determ<strong>in</strong>e, as it is not<br />

simply the budgeted amount spent each year by the department. Most government budgets for<br />

<strong>prison</strong>s do not <strong>in</strong>clude construction costs, depreciation, debt service, rent, taxes (paid or<br />

foregone), overhead, or <strong>in</strong>direct costs. There are also hidden costs for services provided or paid<br />

for by other departments, such as the transportation of <strong>prison</strong>ers or the <strong>in</strong>volvement of central<br />

government account<strong>in</strong>g or legal services. In South Africa, the Department of Public Works builds<br />

<strong>prison</strong>s <strong>and</strong> provides some of the ma<strong>in</strong>tenance, but these costs are not <strong>in</strong>cluded <strong>in</strong> the<br />

Department of Correctional Services’ budget.<br />

Government budgets are not as detailed or thorough as those of contractors who will carefully<br />

track each cost <strong>in</strong> order to obta<strong>in</strong> proper reimbursement. One of the advantages of contract<strong>in</strong>g<br />

is that it forces the government to determ<strong>in</strong>e the costs of a service. When negotiat<strong>in</strong>g a contract<br />

for a government service, the true costs must be determ<strong>in</strong>ed <strong>and</strong> quantified, <strong>and</strong> can then be<br />

analysed, compared <strong>and</strong> m<strong>in</strong>imised. This process provides valuable <strong>in</strong>formation that

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