Management of Remand Detainees in South Africa - DCS-Home

The Commissioner must include in the annual report to Parliament, an account of the process
and results of the internal service evaluation and on request, sends a copy of all internal service
evaluation reports to the Inspecting Judge.
DCS has an audit committee, a directorate of internal auditing which is located in the National
Commissioner’s office, directorate of inspectorate which is located within the operations and
management support branch and the directorate called departmental investigation unit within the
chief directorate of legal and special operations. The audit committee reviews amongst others,
the effectiveness of internal controls and audit functions; the risk areas covered in the internal
and external audit reports, results of work performed by the internal audit with regard to financial
reporting, risk management, governance procedures, internal controls and management
responses to audit queries. The inspectorate directorate has national and regional
competencies. The national office component addresses specific and prioritized problem areas
while the regional inspectors concentrate on compliance tests on all activities performed at
management area level. The inspectorate function is also assigned to line function managers at
management area level and component managers at the regional level. The investigation unit is
responsible for promotion of good governance by ensuring the anticorruption policy is
implemented. The unit also conduct investigations on reported practices of corruption.
There are two major institutions that have been assigned a responsibility of detaining RDs i.e.,
DCS and DSD. SAPS will from time to time have a small number of RDs who are detained for
further investigation or for court attendance. The latter group is collected from the DCS and
DSD facilities a day before the date of court appearance in order to prevent transportation of
RDs for long distances on the court date. The oversight function by law is only prescribed for
DCS as a detention institution. Other facilities such as DSD and SAPS do not have such legal
stipulations. There are no provisions made in the Child Justice Act (Act 25 of 2008) for
inspection of Secure Care Facilities referred to as Child and Youth Facilities by the office of the
Inspecting Judge though such facilities detain RD children.
The management of RDs involves several role players (SAPS, NPA, Courts, DCS and DSD) but it
is worth mentioning that the inspection is only applicable to DCS. The Constitution of RSA (section
165 (2)) makes it clear that the courts are independent and subject to constitution and the law,
which they must apply impartially and without fear and favour or prejudice. Section3 (3) makes it
clear that no person may interfere with the functioning courts.
8.3. Proposals
DCS has been given a responsibility for the establishment of the branch for management of RDs.
One of the critical roles of the branch is to drive the improved management of RD through the
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