Management of Remand Detainees in South Africa - DCS-Home

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DCS has for the past five years detained a stable population of RDs ranging from 46 to 51 thousand. It also admits and releases approximately 25 to 26 thousand RDs on a monthly basis. These convert to annual averages of 242 to 300 thousand RDs. Large facilities admit and release approximately 400 to 800 RDs daily. All RDs are released with all their belongings and valuables as their further detention must be decided by the court. Among the RDs detained in DCS facilities the following categories are worth mentioning: Children (RDs with ages between 14 and 17); RDs who are have been convicted but waiting for sentencing, RDs kept in terms of the Extradition Act, Mentally ill RDs, Terminally ill RDs (few reported cases); RDs waiting for placement in designated Mental Institution for observation and RDs placed for forensic assessment and observation which has to be conducted in DCS facilities. Despite keeping these categories of RDs, there are no clear provisions for their management at operational level with the exception of mentally ill RDs. Though several sections of the Correctional Services Act (Act 111 of 1998 and its amendments) have stipulated provisions for the general population of RDs including RD children, the revised policy on Development and Care makes provision for offenders and offenders are defined as sentenced offenders, probationers and parolees. The subordinate policies of Development and Care Policy which include Psychological Services Policies, Health Policies, Formal Education policy, Social Work policy and Spiritual Care policy do not have a unique definition of the term offender. While the Psychological policy defines the term as encompassing all prisoners, awaiting trial detainees, parolees and persons subject to community corrections, the Health policy defined the term as meaning a person legally detained in DCS. This by implication includes RDs as they are legally detained. The Formal Education policy has preferred to align itself with the term learner which refers to any person receiving education. The Social Work policy has not defined the term offender. The Child Offender Policy has defined the child offender as any offender between the ages of 14 and younger than 18 years. The policy procedures which are used as manuals that guide operational activities at the centre level have clearly articulated the position of DCS with regard to provision of services to RDs. In terms of social and psychological interventions, they are only provided in crisis situations and with regard to formal education, DCS provides administrative support. There are clear guidelines for management of mentally ill however it has to be noted that RDs are often detained without any reference to mental health even for those that are mentally ill. Most 84
children RDs are detained without a status report because of shortage of probation officers who have to conduct assessment before detention in DCS facilities. Identification and verification of nationality of the foreign national RDs is the responsibility of SAPS however DCS receives them without any information from SAPS in this regard. DCS therefore generate its own identification data which might be different from the one kept by other JCPS institutions. With regard to terminally ill RDs each facility manages the situation with its local CJS partners. There are no provisions for identification of RDs who have been placed under the Extradition Act as such officials in detention facilities find it difficult to release these RDs to Interpol officials. There are also no provisions for determination of RDs placed for observation and this leads to postponement of consultation session by psychiatrists who visit DCS for offering such services. DCS, from time to time keep RDs who are in transit for observation in designated mental institutions. DCS through its own Executive Management Committee decided to demarcate some facilities for detention of RDs (see chapter 6 for details). There are several categories of personnel that work in facilities that detain RDs and they include executive management, unit personnel, personnel responsible for admission and release of RDs, personnel working in human resource office, security personnel and professionals. All personnel working in DCS facilities including professionals are offered basic training in DCS training colleges which focuses on the core business of the department i.e., correcting offending behaviour in a secure, safe and humane environment and reduction of recidivism through placing rehabilitation at the centre of all activities of DCS. There is no training that focuses on the needs of RDs. The professional group consists of Social Workers, Psychologists and Teachers who are referred to as educationists. The professional group is mainly appointed to provide services to sentenced offenders, however among Social Workers and Educationists there are those allocated to work in facilities that detain RDs. Few provisions extracted from the Correctional Services Act are presented below: 85
Page 1 and 2:
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
Page 33 and 34: The above mentioned services will b
Page 35 and 36: Table 2.2 Current International Bes
Page 37 and 38: e prioritised and addressed. Partic
Page 39 and 40: made available for focus to be cast
Page 41 and 42: CHAPTER 3: Legal Framework 3.1. Int
Page 43 and 44: d. to have their trial begin and co
Page 45 and 46: In other words, there should be no
Page 47 and 48: CHAPTER V: UNSENTENCED PRISONERS (s
Page 49 and 50: 3.3.1. The Universal Declaration of
Page 51 and 52: 3.3.3. The African Charter on Human
Page 53 and 54: prisoners; the rights and obligatio
Page 55 and 56: Comments made by The Honourable Jud
Page 57 and 58: 4.2. Overview of RD Population in D
Page 59 and 60: 60000 50000 40000 30000 20000 10000
Page 61 and 62: of RDs. The figures on crimes that
Page 63 and 64: Less than 3 months >3 - 6 Months >6
Page 65 and 66: The figure below represents the ave
Page 67 and 68: 1200 1000 multiple crimes are not r
Page 69 and 70: 1200 1000 800 600 400 200 0 April 2
Page 71 and 72: Nationality April 2009 June 2009 Se
Page 73 and 74: The number of Admissions and releas
Page 75 and 76: There are 11 privately managed SCFs
Page 77 and 78: 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: esponsibility for both RDs within i
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 and 130: Limited information obtained from D
Page 131 and 132: o Lack of guidance through policy w
Page 133 and 134: o Provisions for illiterate RDs who
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Children RDs should be detained in
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A strategy for determination of hig
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A system of providing feedback to t
Page 141 and 142:
9.9 Issues and Recommendations on O
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CONTRABANDS CONFISCATED IN PRETORIA
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