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

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As part of the Crim<strong>in</strong>al Justice Monitor which tracks performance <strong>and</strong> strategy <strong>in</strong> the crim<strong>in</strong>al<br />

justice system, the ISS commissioned this monograph to assist among others the policy makers<br />

<strong>and</strong> practitioners <strong>in</strong> the Departments of Correctional Services, Public Works <strong>and</strong> F<strong>in</strong>ance to<br />

underst<strong>and</strong> the pros <strong>and</strong> cons of <strong>prison</strong> <strong>privatisation</strong> <strong>and</strong> the <strong>in</strong>herent <strong>challenges</strong> of such a<br />

strategy. Privatisation is be<strong>in</strong>g practised <strong>in</strong> several countries <strong>and</strong> South Africans have the<br />

opportunity to learn from these experiences.<br />

The aim of this monograph is to present an overview of the ma<strong>in</strong> <strong>issues</strong> <strong>in</strong> the <strong>privatisation</strong><br />

debate <strong>and</strong> draw lessons for South Africa’s <strong>privatisation</strong> process. It is not difficult to see the<br />

benefit of <strong>privatisation</strong> <strong>in</strong> this country. As the author, KC Goyer po<strong>in</strong>ts out, "Private <strong>prison</strong>s will<br />

necessarily be an improvement on public <strong>prison</strong>s because it would be almost impossible to<br />

perform any worse". Nevertheless, there are important considerations of cost <strong>and</strong> accountability<br />

that will need to be carefully monitored by those responsible for im<strong>prison</strong>ment <strong>in</strong> South Africa.<br />

Anto<strong>in</strong>ette Louw<br />

Head of the Crime <strong>and</strong> Justice Programme<br />

Institute for Security Studies, Pretoria<br />

EXECUTIVE SUMMARY<br />

The <strong>prison</strong> system <strong>in</strong> South Africa faces many <strong>challenges</strong>, several of which are associated with<br />

a lack of available resources to meet the <strong>in</strong>creas<strong>in</strong>g dem<strong>and</strong> for correctional services. The key<br />

<strong>challenges</strong> identified by the Department of Correctional Services (DCS) are overcrowd<strong>in</strong>g <strong>and</strong><br />

fund<strong>in</strong>g.<br />

The Department has turned to the private sector for assistance, <strong>and</strong> has signed contracts for<br />

two <strong>prison</strong>s to be designed, constructed, f<strong>in</strong>anced <strong>and</strong> managed by a consortium of private<br />

companies.<br />

Internationally, private <strong>prison</strong>s have seen mixed results. Many of the <strong>in</strong>cidents which take place<br />

at private <strong>prison</strong>s are similar to those which occur at state facilities. Often the criticisms levelled<br />

at private <strong>prison</strong>s could equally apply to state operated facilities as well.<br />

Because of problems with comparability, it is extremely difficult to determ<strong>in</strong>e whether private<br />

<strong>prison</strong>s save on costs. In South Africa, it is impossible to ascerta<strong>in</strong> whether a private <strong>prison</strong> will<br />

be cheaper than the public <strong>prison</strong>, because the st<strong>and</strong>ard of care offered by private <strong>prison</strong>s is<br />

entirely unmatched <strong>in</strong> the public sector.<br />

In the United States, private <strong>prison</strong>s <strong>in</strong> general have neither outperformed nor under performed<br />

their public counterparts. In Australia, many of the private <strong>prison</strong>s have experienced serious<br />

problems, but the flexibility of their contracts has enabled the government to respond<br />

appropriately.<br />

The South African <strong>prison</strong> <strong>privatisation</strong> programme is closely modelled after that of the United<br />

K<strong>in</strong>gdom, which appears to have most successfully <strong>in</strong>corporated the private sector <strong>in</strong>to its <strong>prison</strong><br />

service.<br />

The first private <strong>prison</strong> <strong>in</strong> Africa has recently opened <strong>in</strong> Bloemfonte<strong>in</strong>, <strong>and</strong> the second will open<br />

<strong>in</strong> Louis Trichardt early next year. Although the f<strong>in</strong>anc<strong>in</strong>g arrangements have essentially tied the<br />

South African government’s h<strong>and</strong>s <strong>in</strong> terms of monitor<strong>in</strong>g the operations of these <strong>prison</strong>s, the<br />

professionalism <strong>and</strong> reforms offered by private companies appear to have far surpassed the

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