Management of Remand Detainees in South Africa - DCS-Home

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Department of Health. LASA provides legal assistance to the poor and indigent irrespective of the nationality. Department of health provides forensic assessment to RDs referred by courts in term of the Criminal Procedure Act. 9.6.1 Summary of Challenges SAPS does not have a legal mandate to detain RDs beyond the period of 48 hours except in situations where the extension has been granted by a court to allow for further investigations. The provisions for management of RDs emanate from several pieces of legislations which are often not all acknowledged by the detention institutions. In DCS for instance, there is tendency to make broad reference to some legislation in policies without any mention of the applicable sections. This practice has led to disregard of some legislative provisions when operationalizing the legal framework into policy manuals, and operational procedures. There is discrepancy between the provisions of the Correctional Services Act and operational policies in certain areas such as section 22 on discipline applies to inmates and by implication the section is applicable to RDs and sentenced offenders. However it is worth noting that the operational policy on discipline is only applicable to sentenced offenders. There is no uniformity in the definition of the term “offender” in the Development and Care policy which is a guiding policy for programme and services in DCS and its subordinate policies such as Psychological Services, Formal Education and Spiritual Care Policy. There is confusion in the definition of terms which emanates from the Correctional Services Act and its amendments. While the term inmate (previously known as prisoner) applies to all detainees in DCS facilities, the term unsentenced offender is only applicable to convicted offenders who have not been sentenced to imprisonment. This would imply that chapter 5 of the Correctional Services Act only applies to convicted offenders. In practice DCS does not have a system for identification of this category of detainees. Other challenges which were identified during the situational analysis visits to selected police cells, SCFs and RDFs are: o Lack of established mechanisms (such as protocols) to address cross cutting functions and areas of co-responsibility within the JCPS cluster such as (but not limited to) transportation of RDs, provision of services to RDs. 130
o Lack of guidance through policy with regard to services that should be provided to specific categories of RDs while in detention other than health, accommodation, legal representation and visits. o Lack of role clarification with regard to provision of emergency services to RDs who get sick while in court. o Inadequate facilities for legal and family visits in SAPS and DCS. RDs in DCS are not provided with facilities that can assist them to prepare for their own defence. o Limited access for legal consultation in remand detention facilities due to lack of proof of identification; o Lack of specialized training for personnel working with RDs in DCS and SAPS. o Service delivery challenges for SAPS include inadequate provision for children detained with their mothers in police cells. Service delivery challenges for DCS include the following: o Facilities that accommodate RDs do not cater for the delivery of a broad range of services due to overcrowding and limited policy provisions. o Lack of policy provisions for terminally ill RDs, RDs placed for observation and those detained under the Extradition Act. o Lack of operational policies on disciplinary procedures for RDs Service delivery challenges for SCFs include the following: o Lack of facilities for referral of children with substance abuse problems since SCFs are not allowed to send such children to rehabilitation centres. o The use of mainstream curriculum does not suit the needs of all RD children as there are those who cannot read and write. o Lack of opportunities for skills training to accommodate children who are not willing to participate in mainstream curriculum. o Lack of defined provincial responsibilities for the Departments of Education and Social Development with regard to the provision of educational material and management of teachers that are seconded to work in SCFs, o Lack of assessment tools for determination of class allocation since some children have never been to school; o Inadequate facilities and services to accommodate pregnant girls. o Lack of medical reports for children on psychiatric medication. 131
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Discussion Document on Management o
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The National Development Committee
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Table of Contents Preamble 10 CHAPT
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4.2.1 General inmate population 57
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9.4.3 The safeguards for children i
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warrants, bail options, and so on.
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The White Paper further articulated
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A crime is committed Integration in
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Multiple number of co-accused in on
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200000 180000 160000 140000 120000
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Limited access for legal consultati
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1.5. Cluster Approaches In order to
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CHAPTER 2: International Trends 2.1
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2.2.1. Guarantee of Personal Libert
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detention must be made by an author
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The human rights violations mention
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The above mentioned services will b
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Table 2.2 Current International Bes
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e prioritised and addressed. Partic
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made available for focus to be cast
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CHAPTER 3: Legal Framework 3.1. Int
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d. to have their trial begin and co
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In other words, there should be no
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CHAPTER V: UNSENTENCED PRISONERS (s
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3.3.1. The Universal Declaration of
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3.3.3. The African Charter on Human
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prisoners; the rights and obligatio
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Comments made by The Honourable Jud
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4.2. Overview of RD Population in D
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60000 50000 40000 30000 20000 10000
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of RDs. The figures on crimes that
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Less than 3 months >3 - 6 Months >6
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The figure below represents the ave
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1200 1000 multiple crimes are not r
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1200 1000 800 600 400 200 0 April 2
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Nationality April 2009 June 2009 Se
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The number of Admissions and releas
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There are 11 privately managed SCFs
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SCFs in Eastern Cape and Northern P
Page 79 and 80: DCS admits approximately 20 and 26
Page 81 and 82: etween the Provinces including dire
Page 83 and 84: esponsibility for both RDs within i
Page 85 and 86: children RDs are detained without a
Page 87 and 88: include health care, education, art
Page 89 and 90: arrested, regardless of citizenship
Page 91 and 92: o The use of mainstream curriculum
Page 93 and 94: 6.1. Introduction This chapter prov
Page 95 and 96: 25000 20000 15000 10000 5000 0 6000
Page 97 and 98: The top ten facilities with the hig
Page 99 and 100: Umtata Med (580) Boksburg (2012) Mo
Page 101 and 102: There are 11 private secure facilit
Page 103 and 104: medical officer to ascertain age an
Page 105 and 106: The security responsibilities in DC
Page 107 and 108: information is not provided to the
Page 109 and 110: The current identification process
Page 111 and 112: unning in Gauteng when the situatio
Page 113 and 114: The facilities that fall under phas
Page 115 and 116: For the Department of Justice and C
Page 117 and 118: CHAPTER 8: Monitoring/Oversight 8.1
Page 119 and 120: The Commissioner must include in th
Page 121 and 122: longer justifiable for any person t
Page 123 and 124: Inadequate systems for monitoring i
Page 125 and 126: 9.4 Challenges and Recommendations
Page 127 and 128: emand detainees who cease to be so
Page 129: Limited information obtained from D
Page 133 and 134: o Provisions for illiterate RDs who
Page 135 and 136: Children RDs should be detained in
Page 137 and 138: A strategy for determination of hig
Page 139 and 140: A system of providing feedback to t
Page 141 and 142: 9.9 Issues and Recommendations on O
Page 143 and 144: CONTRABANDS CONFISCATED IN PRETORIA
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