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1.3.6 Work of Statutory Bodies Judicial Inspectorate of Prisons The Judicial Inspectorate of Prisons is led by acting Judge Deon van Zyl appointed by President Mbeki as the Acting Inspecting Judge of Prisons with effect from May 2008, following the end of term of the Acting Judge James Yekiso. The Judicial Inspectorate is an independent office under the control of the Inspecting Judge. The Judicial Inspectorate was formally established with effect from 1 June 1998, in terms of the Correctional Services Act 111 of 1998. Over and above inspecting conditions in Correctional Centers, the Judicial Inspectorate of Prisons has raised concerns around the impact of the Minimum Sentencing Legislation on prison conditions. One of the effects of the legislation is its contribution to the overcrowding and problems associated with it. National Council on Correctional Services (NCCS) The NCCS continued with its statutory responsibility to advise the Minister of Correctional Services in relation to parole placement recommendations for offenders serving life sentences. The NCCS has, through its work in 2006-7, noted that due to the increasing number of cases of persons who were sentenced to life imprisonment - twenty and more years ago - an extra meeting of the NCCS would have to be scheduled during 2008. In the course of the 2007/08 financial year, the NCCS considered 30 cases, and recommended placement on parole for 14 cases, non- placement for nine cases, and requested that seven cases be reconsidered at the NCCS on specified dates. The NCCS expressed concern about the Minimum Sentencing Legislation as it provides for hiking of sentences of Regional Courts, with an automatic right of appeal. The potential impact of this Legislation is that it may be accompanied by a non-parole period, which will impact on DCS correctional programmes. The NCCS is concerned about the absence of written judgement on sentence in the cases of offenders serving life sentences. The consideration is that the Minister of Justice be approached to ensure that judgement on sentence is recorded in all cases where sentences of more than 3 years imprisonment are imposed. Judgement is a critical input for development of correctional sentence plans and for parole placement decision making. During the year under review, the NCCS has also interacted with the Department in relation to the development of the Incarceration Framework as envisaged in the Correctional Services Amendment Bill. In other work, the NCCS interacted with Magistrates in the North West, Port Elizabeth and Polokwane to discuss ways of reducing overcrowding through effective case management 10 DCS Annual Report 2007/08 and the use of non-custodial sentences where appropriate. 1.3.7 Bills submitted to the legislature during the financial year Amendment of the Correctional Services Act which still needed to be finalised by the end of the 2007/08 Financial Year. 1.3.8 Ministerial visits abroad Country Date Purpose United Kingdom June 2007 Addressed a Seminar of the Global Retreat on the consequences of social, psychological and emotional imbalances that manifests in high rates of crime in the country Maputo July 2007 Meeting of SADC Ministers responsible for Gender and Women affairs to approve the Draft Gender Policy (the Deputy Minister represented Minister Pahad of the Presidency) Botswana September 2007 1.4. Mission Statement Attended a funeral on behalf of South Africa representing the President. Placing rehabilitation at the centre of all Departmental activities in partnerships with external stakeholders, through: • The integrated application and direction of all Departmental resources to focus on the correction of offending behaviour, the promotion of social responsibility and the overall development of the person under correction; • The cost-effective provision of correctional facilities that will promote efficient security, correction, care and development services within an enabling human rights environment; • Progressive and ethical management and staff practices within which every correctional official performs an effective correcting and supportive role. 1.5. Constitutional, Legislative, Functional and Policy Mandates The Strategic direction of the Department for the medium term is guided and informed by numerous policies, including the: • Basic Conditions of Employment Act (No. 75 of
• • • • • • • • • • • • • • • • • • • • • • • • 1997); Compensation for Occupational Injuries And Diseases Act (No. 130 of 1993); Constitution of the Republic of South Africa, (No. 108 of 1996); Criminal Procedure Act (No. 51 of 1977); Correctional Services Act, (No. 8 of 1959); Correctional Services Act, (No. 111 of 1998); Employment Equity Act (No. 55 of 1998); Labour Relations Act (No. 66 of 1995); Mental Health Act (No. 17 of 2003); National Education Policy Act. (No. 27 of 1996); National Health Act (No. 61 of 2003); Occupational Health and Safety Act (No. 85 of 1993) Preferential Procurement Policy Framework Act (No. 5 of 2000); Promotion of Access to Information Act (No. 2 of 2000); Public Finance Management Act, (No. 1 of 1999); Public Service Act (No. 103, of 1994); SITA Act (No. 88 of 1998); Skills Development Act, (No. 97 of 1998) South African Qualifications Authority Act, (No. 58 of 1995) Public Service Regulations, 2001; National Crime Prevention Strategy (1996) Treasury Guidelines 2002; Treasury Regulations for departments, trading entities, constitutional institutions and public entities, as amended 2005 White Paper of Corrections (2005) White Paper On Human Resources In Public Services (1997) DCS Annual Report 2007/08 11
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