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DISCUSSION DOCUMENT:DISCUSSION DOCUMENT:TOWARDS GREEN PAPER ON TOWARDS GREEN PAPER ON CORRECTIONAL SERVICES IN CORRECTIONAL SERVICES IN

SOUTH AFRICASOUTH AFRICASEPTEMBER

2003

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CHAPTER I - MOTIVATION CHAPTER I - MOTIVATION FOR NEW WHITE PAPERFOR NEW WHITE PAPER1994 White Paper has been passed by 1994 White Paper has been passed by

historyhistory• 1996 Constitution Act 108 of 1996 & 1996 Constitution Act 108 of 1996 &

Human Rights Culture Human Rights Culture – Chapter 10 of ConstitutionChapter 10 of Constitution– Chapter 8 & 11 of Constitution - Courts & Chapter 8 & 11 of Constitution - Courts &

Administration of Justice; Security services Administration of Justice; Security services – Singular national competency vs Singular national competency vs

relationship with provincial & local levels relationship with provincial & local levels of government & administrationof government & administration

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HISTORY PASSED WHITE HISTORY PASSED WHITE PAPER BYPAPER BY• Statutory mandate of department of Statutory mandate of department of

Correctional Services Act, No 111 of 1998Correctional Services Act, No 111 of 1998– Defines coherent purpose of South African Defines coherent purpose of South African

correctional systemcorrectional system

• Significant & on going conceptual Significant & on going conceptual development of South African approach to development of South African approach to corrections & rehabilitation not addressedcorrections & rehabilitation not addressed

• Not aligned with key current Governmental Not aligned with key current Governmental PoliciesPolicies

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INADEQUACY AS A WHITE INADEQUACY AS A WHITE PAPERPAPER

• Inadequate direction to policy & practice Inadequate direction to policy & practice development development

• No long term strategic direction No long term strategic direction • Drafted with specific time frames, statistics & Drafted with specific time frames, statistics &

references to geographical areasreferences to geographical areas• Does not rise above departmental mandate – Does not rise above departmental mandate –

• speaks only to mandate of DCSspeaks only to mandate of DCS• fails to locate rehabilitation & corrections as fails to locate rehabilitation & corrections as

societal responsibilitysocietal responsibility

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• African Renaissance and NEPADAfrican Renaissance and NEPAD

• Multi-lateral relations in AfricaMulti-lateral relations in Africa

• Out of harmony with PFMAOut of harmony with PFMA

• Not aligned to new public service policy, Not aligned to new public service policy, e.g. Public Service Regulations e.g. Public Service Regulations

POLICY ALIGNMENTPOLICY ALIGNMENT

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• Does not define DCS core business adequatelyDoes not define DCS core business adequately– Defines core business of DCS as safe custody & Defines core business of DCS as safe custody &

humane treatment of offenders humane treatment of offenders – Core business now understood as correction within safe, Core business now understood as correction within safe,

secure & humane environment secure & humane environment

• Inadequate on approach to facilities building, Inadequate on approach to facilities building, management & procurement management & procurement – DCS approach to Government PPP Policy in relation to DCS approach to Government PPP Policy in relation to

infrastructure, facilities and prison managementinfrastructure, facilities and prison management

• Inadequate on appropriate human resource Inadequate on appropriate human resource provisioning, on career development & retention provisioning, on career development & retention strategystrategy

GUIDING DCSGUIDING DCS

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• Major policy gap re unsentenced detainees & Major policy gap re unsentenced detainees & departmental responsibilities re themdepartmental responsibilities re them

• Inadequate guidance on Health Care Policy Inadequate guidance on Health Care Policy – Silent on issues of comprehensive health care, primary Silent on issues of comprehensive health care, primary

health care, health care, – Silent on AIDS policy Silent on AIDS policy – Silent on interpretation of constitutional imperative & role Silent on interpretation of constitutional imperative & role

of Department of Healthof Department of Health

• Does not provide framework for terminology that is Does not provide framework for terminology that is coherent, user friendly & consistent with coherent, user friendly & consistent with philosophy of correctionsphilosophy of corrections

GUIDING DCSGUIDING DCS

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•Provides brief history of transformation of DCS during past century characterized by epochs

•History of SA prisons reflects history of SA as a nation

CHAPTER 2 - HISTORY OF CORRECTIONAL SYSTEM

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• Early 1900s period – provincial ordinances, Early 1900s period – provincial ordinances, management of reformatories placed under management of reformatories placed under prisons, role of courts re prison treatmentprisons, role of courts re prison treatment

• Landsdowne Commission on Penal & Prison Landsdowne Commission on Penal & Prison reform, 1945 – proposals never implementedreform, 1945 – proposals never implemented

• Prisons in 1960s & 1970s – racially Prisons in 1960s & 1970s – racially segregated; closed system; military segregated; closed system; military character;political prisoners challenges to character;political prisoners challenges to legitimacy of system legitimacy of system

• Prison department in 1980s – Judicial Prison department in 1980s – Judicial inquiry into role of courts; marginal inquiry into role of courts; marginal improvement in prison system; reversal of improvement in prison system; reversal of racial segregation of inmates and staffracial segregation of inmates and staff

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• Prison Reforms in early 1990s – separation of prisons and DoJ; Public Service Labour Relations; Human rights Culture

• First 5 years of democracy– 1994 White Paper; Representativity; International Benchmarking; Judicial Inspectorate; National Crime Prevention strategy

• Strategic Realignment and Transformation of DCS – mobilisation of stakeholder participation; Mvelaphanda; cleansing of DCS; HRD and HRM review

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CHAPTER 3 - CORRECTIONS AS CHAPTER 3 - CORRECTIONS AS SOCIAL RESPONSIBILIYSOCIAL RESPONSIBILIY

• DCS accepts that correction cannot only be DCS accepts that correction cannot only be delivered by particular organ of state,( viz, delivered by particular organ of state,( viz, Correctional Services) but it should be Correctional Services) but it should be collective responsibility of all role players. collective responsibility of all role players. DCS has identified discrepancy.DCS has identified discrepancy.

• Considers Moral Regeneration Movement & Considers Moral Regeneration Movement & promotion of spirit of Ubuntu as crucial promotion of spirit of Ubuntu as crucial ingredients in creating environment that ingredients in creating environment that benefit rehabilitation & effective offender benefit rehabilitation & effective offender reintegration. reintegration.

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CHAPTER 4 - OBJECTIVES OF CHAPTER 4 - OBJECTIVES OF CORRECTIONAL SYSTEMCORRECTIONAL SYSTEM• Concentrates on level of corrections that falls on Concentrates on level of corrections that falls on

shoulders of correctional system or Correctional shoulders of correctional system or Correctional Services. Services.

• Begins to redefine Rehabilitation & Correction & Begins to redefine Rehabilitation & Correction & outline outline

• Correctional System Objectives. Correctional System Objectives. • Rehabilitation as holistic phenomenon incorporating Rehabilitation as holistic phenomenon incorporating

& encouraging social responsibility social justice, & encouraging social responsibility social justice, active participation in democratic activities, active participation in democratic activities, empowerment with life & other skills, & contributing empowerment with life & other skills, & contributing to making South Africa better place to live in.to making South Africa better place to live in.

• Defines objectives of DCSDefines objectives of DCS

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CHAPTER 5 - PRISON CHAPTER 5 - PRISON MANAGEMENT & COMMUNITY MANAGEMENT & COMMUNITY CORRECTIONS CORRECTIONS • Outlines prison management in terms of Outlines prison management in terms of

Restorative Justice, Unit Management, Restorative Justice, Unit Management, Secure, Safe & Humane Custody & Parole Secure, Safe & Humane Custody & Parole PolicyPolicy– Unit management as team approach to Unit management as team approach to

correctional client management correctional client management – Parole Placement Policy viewed as necessary Parole Placement Policy viewed as necessary

contract between client under community contract between client under community correctional supervision & department that correctional supervision & department that correctional client will comply with conditions correctional client will comply with conditions of his or her placement including continuation of his or her placement including continuation of correctional & development programmesof correctional & development programmes

– Pivotal Multi –disciplinary role of Parole Boards Pivotal Multi –disciplinary role of Parole Boards in deciding future of correctional clientin deciding future of correctional client

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CHAPTER 6 - IJS & SOCIAL SECTOR CHAPTER 6 - IJS & SOCIAL SECTOR RESPONSIBILITIESRESPONSIBILITIES

• Assists DCS to clearly define its intervention role in Assists DCS to clearly define its intervention role in crime preventioncrime prevention

• Defines relations to JCPS and Social SectorDefines relations to JCPS and Social Sector

• Integrated justice & social cohesion and social Integrated justice & social cohesion and social justice prerequisites for rehabilitationjustice prerequisites for rehabilitation

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CHAPTER 7 - WHO ARE SOUTH CHAPTER 7 - WHO ARE SOUTH AFRICA’S CORRECTIONAL CLIENTSAFRICA’S CORRECTIONAL CLIENTS

• Brief analysis of causes of crime from Brief analysis of causes of crime from South African contextSouth African context

• Enable DCS to understand both who Enable DCS to understand both who correctional clients are and why they correctional clients are and why they became involved in crimebecame involved in crime

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CHAPTER 8 - CORRECTIONAL OFFICIAL CHAPTER 8 - CORRECTIONAL OFFICIAL & ORGANISATIONAL CULTURE& ORGANISATIONAL CULTURE

• Focuses on relationships between correctional Focuses on relationships between correctional official & correctional clientofficial & correctional client

• Emphasizes significance of organizational culture Emphasizes significance of organizational culture in focusing in focusing

• organization to its core businessorganization to its core business• Expresses importance of striking balance between Expresses importance of striking balance between

security & correctionssecurity & corrections• Need for human resource provisioning & Need for human resource provisioning &

development strategy, career pathing & development strategy, career pathing & development. development.

• These relationships & desired organizational These relationships & desired organizational culture areculture are

• fundamental in defining proper & real fundamental in defining proper & real correctional official.correctional official.

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CHAP 9- GOVERNMENT’S CHAP 9- GOVERNMENT’S RESPONSIBILITY TOWARDS RESPONSIBILITY TOWARDS UNSENTENCED DETAINEESUNSENTENCED DETAINEES

Focus on responsibility of government to all Focus on responsibility of government to all categories of unsentenced detainees categories of unsentenced detainees concentrating on following areas:concentrating on following areas:

• Noting Constitutional obligation re awaiting Noting Constitutional obligation re awaiting trial detainees trial detainees

• Benchmarking best practices internationallyBenchmarking best practices internationally• Problem statement on Correctional Problem statement on Correctional

Institution & Awaiting TrialInstitution & Awaiting Trial• Short Term Management of Unsentenced Short Term Management of Unsentenced

DetaineesDetainees• Problem Statement on Illegal Immigrants Problem Statement on Illegal Immigrants

Awaiting DeportationAwaiting Deportation

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CHAPTER 10 - NEED-BASED CHAPTER 10 - NEED-BASED INTERVENTION PLANINTERVENTION PLAN

DCS adopted needs based approach to rehabilitation DCS adopted needs based approach to rehabilitation Areas of intervention - Areas of intervention - • Profiling –based interventionProfiling –based intervention• Identification of Service Delivery Areas for Identification of Service Delivery Areas for

correctional client’s Rehabilitation (Corrections, correctional client’s Rehabilitation (Corrections, Development, Security, Care, Facilities, After Care)Development, Security, Care, Facilities, After Care)

• Distinction between Correction & Development of Distinction between Correction & Development of OffenderOffender

• Community Service & Poverty AlleviationCommunity Service & Poverty Alleviation• Gender policy to inform management of men Gender policy to inform management of men

correctional clients & to serve as rehabilitation tool correctional clients & to serve as rehabilitation tool to men whose victims women & childrento men whose victims women & children

• Services to paroled correctional clientsServices to paroled correctional clients• Social ReintegrationSocial Reintegration

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CHAPTER 11- SAFETY,SECURITY & CHAPTER 11- SAFETY,SECURITY & HUMAN DIGNITY AS PART OF HUMAN DIGNITY AS PART OF REHABILITATIONREHABILITATION

Acknowledges perceptions, both internal & Acknowledges perceptions, both internal & external, that approach of putting external, that approach of putting Rehabilitation at centre of DCS services has Rehabilitation at centre of DCS services has generated generated

Three areas are:Three areas are:• Operating Secure, Safe & Orderly Operating Secure, Safe & Orderly

Correctional CentresCorrectional Centres• Security Classification for rehabilitationSecurity Classification for rehabilitation• Safety & Healthy of Correctional ClientsSafety & Healthy of Correctional Clients• Disciplinary procedures & punishments in Disciplinary procedures & punishments in

Correctional CentresCorrectional Centres

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CHAPTER 12 - SPECIAL CHAPTER 12 - SPECIAL CATEGORIES OF CORRECTIONAL CATEGORIES OF CORRECTIONAL CLIENTSCLIENTSOutlines special categories of correctional clients Outlines special categories of correctional clients Seeks to encourage DCS to arrange and extend Seeks to encourage DCS to arrange and extend

service delivery to these categories to address service delivery to these categories to address specific needsspecific needs

Following categories are stated:Following categories are stated:• Children in detentionChildren in detention• Youth Correctional ClientsYouth Correctional Clients• Women Correctional ClientsWomen Correctional Clients• Correctional Clients with disabilitiesCorrectional Clients with disabilities• Aged Correctional clientsAged Correctional clients• Correctional clients with Mental IllnessesCorrectional clients with Mental Illnesses• First Offender Correctional ClientsFirst Offender Correctional Clients• Correctional offenders with Long or life sentencesCorrectional offenders with Long or life sentences• Correctional Clients who are Foreign NationalsCorrectional Clients who are Foreign Nationals

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CHAPTER 13- APPROPRIATE & CHAPTER 13- APPROPRIATE & COST EFFECTIVE FACILITIESCOST EFFECTIVE FACILITIES• Facilities viewed as bigger challenge in Facilities viewed as bigger challenge in

addressing needs of categories of correctional addressing needs of categories of correctional clients identifiedclients identified

• Department has identified facilities as critical in Department has identified facilities as critical in creating enabling environment for rehabilitation. creating enabling environment for rehabilitation.

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CHAPTER 14 - EXTERNAL CHAPTER 14 - EXTERNAL PARTNERSHIPSPARTNERSHIPS• Partnerships viewed in light of Partnerships viewed in light of

understanding correction as social understanding correction as social responsibility of both State Organs & responsibility of both State Organs & broader Civil Societybroader Civil Society

• Focuses on need to redefine roles of civil Focuses on need to redefine roles of civil society in correction for effective society in correction for effective rehabilitation and successful community rehabilitation and successful community reintegrationreintegration

• Focuses on correctional international Focuses on correctional international relations in context of SA Foreign Policy relations in context of SA Foreign Policy

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CHAPTER 15- GOVERNANCE & CHAPTER 15- GOVERNANCE & ADMINISTRATIONADMINISTRATIONFocus on powers & functions ofFocus on powers & functions of• Executive Authority Executive Authority • Accounting Officer & Accounting Officer & • Head Of Department Head Of Department • Judicial InspectorateJudicial Inspectorate• Accountability to Parliament Accountability to Parliament • Policy advice role of National CouncilPolicy advice role of National Council

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CHAPTER 16 - CHAPTER 16 - TRANSFORMATION OF TRANSFORMATION OF CORRECTIONAL SERVICESCORRECTIONAL SERVICES• Seeks to identify priority areas to be Seeks to identify priority areas to be

addressed in implementation of Green Paper addressed in implementation of Green Paper • Seeks to ensure process to realign current Seeks to ensure process to realign current

legislation, regulations, orders and legislation, regulations, orders and procedures, subordinate policies to White procedures, subordinate policies to White Paper and establish proper coherent Paper and establish proper coherent Hierarchy of ImperativesHierarchy of Imperatives

• Seeks to ensure strategy of planning, Seeks to ensure strategy of planning, resourcing & budgeting to alien policy & resourcing & budgeting to alien policy & practice with White Paperpractice with White Paper

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WHITE PAPER LEGISLATION

SUBORDINATEPOLICIES

REGULATIONS STRATEGIC PLAN

B ORDER

OPERATIONAL PLANSACTIVITY PLANS

BUSINESS PROCESSES

A ORDER PROGRAMMES

SYSTEMS

STRUCTUREVISION & MISSION

SERVICEDELIVERY RANGE

POLICY

HUMAN RESOURCE 

PROVISIONING

BUDGETING

INSTITUTIONAL ORDERS

ADMINISTRATIVE PROCEDURES

DCS HIERARCHY OF IMPERATIVESCONSTITUTIONCONSTITUTION

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THANK YOU!THANK YOU!