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1
JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES
QUARTERLY REPORT
FOR THE PERIOD 01 OCTOBER TO 31 DECEMBER 2014
(Correctional Services Act 111 of 1998, as amended)
Submitted to: Dr. Motshekga, MP; Chairperson: Portfolio Committee on Correctional Services
Cc: Adv. Michael Masutha, Minister: Correctional Services
Mr. Thabang Makwetla, Deputy Minister: Correctional Services
Mr. Zach Modise, Acting National Commissioner: Correctional Services
Submitted by: V Tshabalala: The Inspecting Judge
Submission Date: 17 February 2015
2
EXECUTIVE SUMMARY REPORT FOR THE PERIOD
01 OCTOBER TO 31 DECEMBER 2014
The Judicial Inspectorate for Correctional Services’ (Inspectorate) report for the period 01 October – 31
December 2014 articulates the activities within the three core programmes of the Inspectorate, namely: (1)
Administration; (2) Complaints processing, monitoring, and investigations; and (3) Community oversight
and Stakeholder engagement.
Programme 1: Administration introduces the key strategic shifts implemented by the Inspecting Judge and
the Chief Executive Officer (CEO). The Financial and Supply Chain Management unit deals with the budget
and assets of the Inspectorate. The Inspectorate’s adjusted budget is R 45 368 000 for the 2014/2015
financial year. The expenditure for the period amounted to R10 011 800.82. The Human Resource and
Development unit manages the post establishment and development of staff. There exist 5 vacancies on the
fixed post establishment.
Programme 2: Complaints monitoring, inspections and investigations, highlights the activities of the
Directorate: Legal Services (D: LS). The Inspectorate conducted twenty four (24) inspections and three (3)
investigations. The Directorate received two hundred and twenty nine (229) complaints of which 55 were
referred by the Independent Correctional Centre Visitors (ICCV). Twenty (20) deaths from unnatural causes,
123 natural deaths were reported to the Directorate. The numbers of mandatory reports received by the
Inspectorate are as follows: Segregations - 3042, Use of Force - 119 and Mechanical Restraints - 90.
Programme 3: Community oversight and stakeholder engagement: provides a reflection on community
oversight and stakeholder engagement, which is enacted largely by the Independent Correctional Centres
Visitors (ICCVs) and through the Visitors’ Committees, and to a large extent, managed by the Directorate:
Management Regions. The ICCV post establishment is 86 % filled. Fifty three (53) ICCV performance
audits were conducted during the quarter. The ICCVs conducted a total of 69093 interviews with inmates. A
total number of 23402 complaints deriving from ICCV interviews were recorded in the G 365. During the
period, the ICCVs conducted 19028 private consultations with inmates.
3
Table Of Contents
PROGRAMME 1: ADMINISTRATION .................................................................................. 4
Objective 1: Management of the Inspectorate........................................................................ 4
Objective 2:Human Resources and Development .................................................................. 5
Objective 3: Financial Management & Supply Chain Management...................................... 8
PROGRAMME 2: LEGAL SERVICES .................................................................................. 13
Objective 1: Inspections & Investigations ........................................................................... 13
Objective 2: Complaints ................................................................................................. 44-92
Objective 3: Mandatory Reports .................................................................................. 93-129
PROGRAMME 3:COMMUNITY OVERSIGHT & STAKEHOLDER ENGAGEMENT .. 130
Objective 1: Independent Correctional Centre Visitors .................................................... 130
Objective 2: Visitors Committee Meetings ........................................................................ 132
Objective 3: Stakeholder Engagement ............................................................................... 136
4
PROGRAMME 1: ADMINISTRATION
OBJECTIVE 1: MANAGEMENT OF THE INSPECTORATE
OFFICE OF THE INSPECTING JUDGE
In October 2014, Honourable Judge Tshabalala attended the official tabling of the Inspectorate’s Annual
Report 2013/2014 and a parliamentary session lead by the Portfolio Committee on Justice and Correctional
Services which hosted a number of governmental and non-governmental organisations seeking to advance
the reporting of the Inspectorate’s Annual Report by commenting on area’s that need improvement. This
session was followed by another parliamentary sitting where the Inspectorate was given an opportunity to
make submissions on the DCS’ Annual Report. Judge Tshabalala attended the Inspectorate’s 2013/2014
Annual Report stakeholder engagements in Goodwood, Bloemfontein, Leeuwkop and East London
correctional centres from the 20th November 2014 to the 4th December 2014. This platform was vital for the
sharing of the Inspectorate’s progress on improving the conditions of incarceration in correctional facilities.
Honourable Judge Tshabalala attended the 5th Funda Mzantsi Championship in George from the 6-8
October 2014. The Centre for Book in partnership with the newly merged Department of Justice and
Correctional Services established a competition where book clubs compete against each other and winners
of the competition take home medals and trophies. This competition seeks to assist in the rehabilitation of
offenders through book discussion, to instil the love of reading, to improve reading, book reviewing skills
and to encourage networking. Judge Tshabalala attended a meeting with stakeholders, Sonke Gender Justice
where Sonke gave a presentation on the DCS’s draft sexual assault policy and discussed the Legal Services
sexual assault complaints form and informed the Inspecting Judge that they are able to fund a workshop with
ICCVs in the Cape District on how the sexual assault complaints form was expected to be completed. Sonke
also gave a presentation on the 1 Judge, 1 Prison initiative as a means to start a process where 1 Judge per
province will adopt a correctional centre and compile inspection reports. Judge Tshabalala also attended a
meeting with Dr. Lukas Muntingh from Civil Society Prisons Reform Initiative. The meeting was a follow
up on the research project on children and juveniles in correctional centres. The purpose of this meeting was
to discuss legislative compliance after inconsistent application of children’s rights were identified. Further
the question as to how the Inspectorate can best utilise the ICCV legislative monitoring tools and how the
tools were to add value to continuous monitoring against set standards were also discussed.
OFFICE OF THE CHIEF EXECUTIVE OFFICER
For the period under review, the Acting Chief Executive Officer dealt with many preparations for the
official tabling of the Inspectorate’s 2013/2014 Annual Report in Parliament. The Inspectorate conducted
national stakeholder presentations on its Annual Report 2013/2014 in Cape Town, Leeuwkop, Bloemfontein
and East London of which 3 were attended by the Acting CEO. Various stakeholder engagements took place
involving robust debate and participation by civil society and NGOs on the Inspectorate’s Annual Report
5
and the Acting CEO was present during these debates. Submissions were also made on the Annual Report of
the Department of Correctional Services by the office of the CEO. The submissions included a critical focus
on their report with particular reference to the conditions and treatment of inmates in correctional centres.
The acting CEO accompanied the Inspecting Judge to the 5th Funda Mzantsi Championship in George and
also participated in official meetings with the Inspectorate’s key stakeholders on pertinent issues and
projects of collaboration. The Acting CEO conducted inspections at the following 8 correctional centres for
the period under review: Middleburg, Jansenville, Colesburg, Nigel, King Williams Town, Middleburg,
Nelspruit and Lydenburg correctional centres. During his inspections he conducted interviews with state
patients, inmates and staff. The Acting CEO received complaints from female inmates who complained of ill
treatment by wardress and about the calculation of sentences. He also assisted with a complaint of a parole
breaker, who complained about his sentence and engaged the head of correctional centre and the Case
Management Committee on this issue. During inspections around the country, the Acting CEO visited the
Inspectorate’s various management regions and addressed staff and dealt with many operational matters.
OBJECTIVE 2: HUMAN RESOURCES AND DEVELOPMENT
HUMAN RESOURCE MANAGEMENT
Post Establishment
The Inspectorate has 45 approved and funded posts on the fixed establishment. As at 31 December 2014, 5
posts on the permanent fixed establishment are vacant. The Inspectorate has 34 contract employees to
address the immediate needs of the organisation. The table below provides an overview of the permanent
vacant posts:
Table 1: Permanent vacant posts as at 31 Dec 2014
NO POSTS LEVEL
1. Chief Executive Officer 14
2. Assistant Director: Human Resource & Development 9
3. Supply and logistics manager 8
4. VCCO 7
5. ICCV payments clerk 7
6
Appointments/Terminations/Resignations/ Promotions and Transfers
The table below provides an overview of the appointments, terminations, resignations, promotions and
transfers for the period.
Table 2: Appointments/Terminations/Resignations/ Promotions and Transfers at 31 December 2014
TYPE
QTY
DESCRIPTION
Permanent
Appointments
0
- None
Contract Appointments
2
- Data Capturer (contract position-3
months)
- Asset Controller
Terminations
0
- None
Resignations
0
- None
Contracts ended
0
- None
Promotions
0
- None
Transfers
2
- Supply Chain and Logistics Manager
- ICCV Payments Clerk
Leave Statistics
The table below provides an overview of the number of leave days taken by of employees:
Table 3: Absenteeism statistics 01 Oct –31 Dec 2014
LEAVE DAYS
Sick leave: 130
Vacation leave: 476
Family Resp. Leave: 22
Study leave: 65
Maternity Leave: 89
LR 0
SPL 0
Relocation leave 4
Suspension 0
Course Duty 29
Leave without Pay 0
7
Labour Related Matters
Table 4: Update on labour related matters
ITEM RECEIVED
Misconduct 1
Grievance 0
Complaints 0
Dismissal 0
Employment Equity
Table 5: Racial and gender composition
Racial composition Gender distribution
69 % Black African 28 % Coloured 1.50 % White 1.50 % Indian
46% female 54% male
Table 6: Employee Equity Distribution per Management Level
POST LEVEL /GRADING
RACE AND GENDER
CEO 1 Vacant
DIRECTOR 1 African male
DEPUTY DIRECTOR 1 African male 1 Coloured male 1 Indian male
ASSISTANT DIRECTORS 3 African males 1 White male 1 African female 2 Coloured females
STAFF TRAINING AND DEVELOPMENT
The table below summarises the training and development provided to staff members during the period
under review.
Table 7: Staff training and development
COURSE NO. OF
EMPLOYEES
National Occupational Safety& Health –First Aid Course
2
PERSAL Western Cape Region - ( DCS) 4
8
PERSAL Salary Administration - Provincial Treasury
1
Academy Of People Development - Evaluation skills
1
OBJECTIVE 3: FINANCIAL AND SUPPLY CHAIN MANAGEMENT
FINANCIAL MANAGEMENT
Budget 01 October 2014 – 31December 2014
The Inspectorate was allocated a budget of R44 668 000.00 at the beginning of financial year. In August
2014, the budget was adjusted by R700 000.00 for capital funds for major assets (computer, laptop and
printers) and therefore the overall budget is currently at R45 368 000.00.
Table 8: Budget allocation: 01April 2014 – 31December 2014
ITEMS BALANCE
Total Budget Allocation R 45 368 000.00
Compensation of
Employees
R 37 506 000.00
Goods and Services R 7 862 000.00
Expenditure: 01 October 2014 – 31December 2014
The Expenditure for period 1 October 2014 to 31December 2014 amounted to R10 011 800.82. The
expenditure breakdown for 1 October 2014 – 31December 2014 is depicted in the table below.
9
Table 9: Expenditure: 1 October 2014 – 31 December 2014 COMPENSATION OF EMPLOYEES R 7 693 828.09
ICCV’s Remuneration
(Community investment)
Permanent employees remuneration R 3 581 885.45
Contract employees remuneration R 1 592 002.05
GOODS AND SERVICES R 2 317 972.73
Communication R 79 038.53
Travel & Subsistence R 905 029.54
Leases: Domestic Equipment R 116 622.88
Stationery & Printing R 203 196.41
F/Serv: Vehicle R 112 636.74
Furniture < R5000 R 1 297.18
Machinery & Equipment: <R5000. R 105 755.27
Capital Expenditure R 666 521.76
Other R 127 874.42
TOTAL EXPENDITURE R 10 011 800.82
R 2 519 940.59
Ideal Expenditure: 33.33% & spending plan: 33.33%.
Actual Performance: 22.067% = under spend: 11.26%
Table 10: Expenditure per SCOA items
SCOA Item Amount Ideal % Actual
Performance
Compensation of Employees R 7 693 828.09 33.33% 20.51%
Goods & Services R 1 651 450.97 33.33% 23.06%
Payment Capital Assets R 666 521.76 33.33% 95.22%
Total Expenditure R 10 011 800.82 33.33% 22.067
Reasons for under spending by 6.2% on SCOA items:
Compensation of Employees – under spend by 12.82% due to contract members who resigned for
permanent work opportunities.
Good and Services - under spend by 10.27% because Directorate: Management Region annual report
stakeholder’s event preparation was not finalised because the date of the stakeholders meeting has
been extended and will take place in December 2014.
10
FINANCIAL ACCOUNTING
Debts and losses
For the period 01 October 2014 – 31December 2014 there were no debts created and (1) vehicle losses was
reported. The Member was on official trip when the state vehicle CA703-487 windscreen was smash by
stone and the damage was a crash in the windscreen. SAPS: OB No.2082/11/2014. The vehicle investigation
is on route with the responsibility managers for their comments.
Payments
During the period 1 October 2014 to 31December 2014 the following number of payments were processed:
• 710 ICCV Payments • 58 BAS Payments • 98 S&T Claims • 95 LOGIS payments
ICCV PAYMENTS
Seven hundred and ten (710) ICCV payments were generated and paid for the period 01 October 2014 to
31December 2014. The diagram below provides an overview of the payments of ICCVs in the Inspectorate’s
various management regions.
Table 11: ICCV payments 3rd quarter per region
SUPPLY CHAIN MANAGEMENT
Information Technology
An IT Technician appointed on contract at the head office assists the Inspectorate with certain IT
support challenges.
SITA continues to assist the Inspectorate’s Head Office with desktop support when needed and the
DCS with all software related issues. The DCS assists all regional management areas of the
Inspectorate with desktop and software support upon request.
REGION 3rd QUARTER
NMR R 944 370.34
CMR R 598 623.27
EMR R 503 690.30
SMR R 473 256.68
GRAND TOTAL R 2 519 940.59
11
The IT technician has been mainly performing tasks relating to changing of users’ passwords and
setting up of users at the head office, assisting Logistics & Supply chain with the standards,
specifications, obtaining quotations and procurement of IT-equipment as well as a new CCTV-
system to replace the outdated and dysfunctional CCTV-system.
The above listed issues still remains unresolved and this negatively impacts the workflow as well as
turnaround time of the duties from the IT technician; he is liaising with Telkom and the DCS in this
regard.
Transport
The below table provides a breakdown of the Inspectorate’s vehicle distribution. Once additional vehicles
are purchased, 4 vehicles will be disposed of.
Table 12: Inspectorate fleet of vehicles
MANAGEMENT AREA/
REGION
TOTAL
VEHICLES
HEAD OFFICE 2
INSPECTING JUDGE
OFFICE
1
NORTHEN REGION 6
CENTRAL REGION 4
EASTERN REGION 4
SOUTHERN REGION 3
TOTAL 20
12
Property Procurement/Management
The table below summarises the Inspectorate’s property procurement status as at 31 December 2014.
Table 13: Update on property procurement
OFFICE /
REGIONAL
MANAGEMENT
AREA
BRIEF
DESCRIPTION
OF OFFICE
SPACE
FORMAL LEASE
AGREEMENTS &
PERIOD OF LEASE
I.E. SHORT /LONG
TERM
STATUS UPDATE AS
AT 31 DECEMBER
2014
Office of the Inspecting Judge
KZN: Durban - Two office spaces allocated within the DPW KZN Provincial building for: 1) the Inspecting Judge and 2) His secretary
No Lease agreement
The Inspecting Judge is temporarily allocated within the KZN DPW Provincial Building until such time that DPW furnish the Eastern Management Region with suitable office space.
Headquarters WC: Cape Town- One floor of the Standard bank Building in the CBD.
Lease agreement: 01 August 2014 to 31 May 2016
Eastern Management Region
KZN: Durban - Office space allocated within the building of the DCS: Community Corrections.
No Lease agreement
Regional office is currently housed in temporary office space in the DCS: Community Corrections until the procurement process, conducted by the DPW, has been concluded.
Northern Management Region
GP: Centurion - Offices allocated at Momentum Tuinhof Karee (West Block) Centurion.
Short: Month to month Lease agreement expired 31 March 2013.
DPW is still looking for premises. The Regional Manager and Acting CEO are in contact with Public Works in this regard.
Southern Management Region
WC: George - Temporary office space allocated in the Nedbank Centre in York Road.
Short term lease agreement of 6 month: 01 September 2014 to 31 March 2015
Regional office is currently housed in temporary accommodation until the procurement process, conducted by the DPW, has been concluded.
Central Management Region
Bloemfontein: Temporary office space allocated in the DPW office in President Brand street.
No lease agreement. Regional office is currently housed in temporary accommodation until the procurement process, conducted by the DPW, has been concluded.
13
PROGRAMME 2: LEGAL SERVICES
OBJECTIVE 1: INSPECTIONS AND INVESTIGATIONS
Inspections
24 inspections were conducted for the quarter in all six DCS Management Regions:
Province Number of inspections conducted
Northern Cape/Free State 5
LMN 3
Gauteng 4
KZN 5
Eastern Cape 3
Western Cape 4
Inspectors concentrated on allegations of assault: Official on Inmate in line with the Inspectorate’s focus area and reported allegations of assaults
of 24 inmates by officials in 9 of the centre’s inspected. The inspectorate requested basic information in each case from the HCC to ascertain the
veracity of each allegation. Same will then be evaluated and reported on.
14
At 5 centre’s fire safety aspects were found lacking. DCS is urged to give urgent attention to same. See also entry 2 under “investigations”.
1. Overview of Inspections conducted for the quarter
#
Date
inspected
Correctional
Centre
Summary of findings and recommendations Outstanding issues /
Status
1.1 28/10/2014 Richmond 1. An assault / use of force on inmate BK was reported by our inspector
(page 11 of the inspection report). No official report on the use of
minimum force in terms of section 32 of the Correctional Services
Act 111/1998 (as amended) has reached the Inspectorate to date. It is
also noted that the injury to the inmate took place 1 day before his
release on parole.
Recommendation: The HCC must furnish the following to the
Inspectorate:
a. Confirmation if the injury to the inmate was due to the use of
minimum force in terms of section 32 of the CSA, or as a
result of as assault: official on inmate.
b. If the injury was due the use of force, a copy of the incident
report must be forwarded to the Inspectorate and if it is an
assault, a copy of the investigation report.
c. Did the inmate prefer charges and if so, SAPS case number.
d. Was the inmate taken to hospital after the incident and if not,
why not?
e. Has any disciplinary action against the inmate and or official
been instituted?
2. Contact visits take place in an open courtyard next to the
14/11/2014 letter sent
to DCS. No response
to date.
15
administrative offices (page 14 of the report), exposing inmates and
their visitors to adverse weather conditions.
Recommendation: The HCC to indicate the alternatives put in place
to ensure that inmates and their visitors are housed in a suitable
environment especially during adverse weather conditions.
1.2 28/10/2014 Mt. Fletcher 1. Inmates complain that they are not offered any skills programmes and it
was also discovered by the inspector that there are no workshops at the
centre and no skills programmes are offered. Inmates also complained
that the food ratio for especially people on special medical diets does not
seem to be sufficient.
Recommendation: The HCC to comment on the general complaints of
the inmates and also remark on the steps taken by the centre address
same.
2. A state patient was found incarcerated at the centre on the day of the
inspection.
The Department of Health issued a notice in terms of section 42(1) of
the Mental Healthcare Act 17 of 2002 on 8 May 2014 instructing that
the inmate must be transferred from Mt. Fletcher correctional centre to
Umzimkhulu hospital for care, treatment, and rehabilitation services.
Recommendation: The HCC must indicate when the state patient will
be transferred to Umzimkhulu hospital as per said notice. The HCC’s
attention is drawn to section 42(4) of the Mental Healthcare act, which
states that “within 14 days of being notified of the details of the transfer,
the officer in charge of the detention centre must cause the state patient
to be transferred to the health establishment specified in the notice.”
Letter dated 18 and 19
November 2014
regarding
recommendations 1
and 2 sent to DCS.
Receipt acknowledged
on 19/11/2014.
13/02/2015 Feedback
received from the
department reporting
that the offenders that
eligible for skills
programmes are
transferred to
Correctional Centres
where services are
provided.
Mt. Fletcher
Correctional Centre is
very small and there
no workshop.
The list of offenders
16
1.3. 29/10/2014 Mangaung An assault / use of force on inmate ZK was reported by our inspector. The
Inspectorate has not been notified of an instance of use of force in terms of
section 32 of the CSA.
Recommendation: The Controller/Centre Director should furnish the
following to the Inspectorate:
a. Confirmation if the injury to the inmate was due to the use of
minimum force in terms of section 32 of the CSA, or as a result of as
assault: official on inmate.
b. If the injury was due the use of force, a copy of the incident report
must be forwarded to the Inspectorate and if it is an assault, a copy of
the investigation report.
c. Did the inmate prefer charges against the official and if so, the SAPS
case number and details of the investigating officer.
d. Was the inmate taken to hospital after the incident and if not, why
not?
e. The report indicates that disciplinary action was implemented against
officials. Please inform the Inspectorate of the outcome thereof as
soon as it is finalized.
Letter sent to the
Centre Director, AC
and RC 6/11/2014
Response from DCS
controller on
18/12/2014
Regarding the assault,
it was confirmed that:
The inmate
received medical
attention.
A case was opened
at SAPS
Bloemspruit.
The internal
investigation is
finalized and
available.
On official was
dismissed after the
incident.
The case is deemed
finalized.
1.4. 29/10/2014 Fort Beaufort 1. Contact visits take place in a court yard and are not suitable,
especially during adverse weather conditions.
19/11/2014 letter sent
to DCS.
17
Recommendation: The HCC should indicate the measures put in
place to ensure that visits take place in a suitable environment
especially during cold and wet weather.
2. The centre and cells are in need of paint.
Recommendation: The HCC to inform the Inspectorate of the plans
in place to effect same.
13/02/2015 Feedback
received from the
department reporting
that the region is
identifying a suitable
space and alternatives
will be in place for
adverse weather
conditions.
The Fort Beaufort is
listed for renovations
in the regional priority
list for capital projects
1.5. 29/10/2014 Ngqeleni 1. The inspector found that the centre is dilapidated with urgent general
maintenance to be done especially regarding painting of the kitchen
and the interior of the cells. The plumbing and hot water systems of
the centre should also be renovated.
Recommendation: The HCC to indicate the steps taken to effect
renovations at the centre, including the estimated timeframe.
2. The fire extinguishers were due for a service in August 2013.
Recommendation: The HCC must inform the Inspectorate as soon
as the equipment is serviced and indicate the alternative measures in
place to ensure fire safety in the interim.
14/11/2014 letter to
DCS.
21/11/2014 – The AC
acknowledged receipt.
13/02/2015 Feedback
received from the
department reporting
that the Ngqeleni
Correctional Centre
has been registered to
PWD for renovation
The fire extinguishers
serviced.
18
1.6. 30/10/2014 Umtata Medium 1. The centre was designed to accommodate 720 inmates but on the day
of the inspection, 1 406 inmates were found to be incarcerated at the
centre (195% overcrowded).
Recommendation: The HCC to inform the Inspectorate of the
strategies in place to reduce the severe overcrowding at the centre.
2. Offenders MKM and MM were allegedly assaulted by officials on
10/9/2014 and 3/10/2014 respectively. No official report on the use
of minimum force in terms of section 32 of the Correctional Services
Act 111/1998 (as amended) has reached the Inspectorate to date.
Recommendation: The HCC must furnish the following to the
Inspectorate:
a. Confirmation in each case if the injury to the inmate was due to
the use of minimum force in terms of section 32 of the CSA, or as
a result of as assault: official on inmate.
b. If the injury was due the use of force, a copy of the incident
report must be forwarded to the Inspectorate and if it is an assault,
a copy of the investigation report.
c. Has any disciplinary action against the inmates and or officials
been instituted?
d. Did the inmates prefer charges and if so, SAPS case numbers and
the contact details of the investigating officer.
e. Hospital records show the inmates were taken to the centre‘s
medical facility after the incident. Please indicate the time-lapse
between the incidents and the time inmates received treatment.
18/11/2014 letter sent
to DCS.
21/11/2014 – The AC
acknowledged receipt
of letter.
13/02/2015 Feedback
received from the
department reporting
that the Correctional
Centre is
implementing
overcrowding
strategies to reduce
overcrowding in the
Centre and the closure
of Mqanduli has
impact to the
overcrowding of this
Centre. The
overcrowding of the
Correctional Centre is
monitored monthly.
No official report on
the use of minimum
force in terms of
section 32 of the
Correctional Services
Act 111/1998 (as
19
amended) has reached
the Inspectorate to
date.
1.7. 27/10/2014 Grootvlei
Medium A
1. The centre was designed to accommodate 890 inmates but on the day
of the inspection, 1 960 inmates were found to be incarcerated at the
centre (220% overcrowded).
Recommendation: The HCC to inform the Inspectorate of the
strategies in place to reduce the severe overcrowding at the centre.
2. Detainee PM was reported to the Inspector as being injured in an
alleged assault by an official on 3/7/2014. The Inspector also found
prima facie evidence in the injury register of another detainee
allegedly assaulted by an official (TR). No official report on the use
of minimum force in terms of section 32 of the Correctional Services
Act 111/1998 (as amended) has reached the Inspectorate to date
regarding these incidents.
Recommendation: The HCC to provide the following to the
Inspectorate:
a. Confirmation in each instance if the injury to the inmates were
due to the use of minimum force in terms of section 32 of the
CSA, or as a result of as assault: official on inmate.
b. If the injury was due the use of force, a copy of the incident
report must be forwarded to the Inspectorate and if it is an assault,
a copy of the investigation report.
c. Has any disciplinary action against the inmates and or officials
been instituted in each case?
6/11/2014 letter sent
to DCS. No response
to date.
20
d. Did the inmates prefer charges and if so, SAPS case numbers and
the names of the investigating officers.
e. Hospital records show that detainee TR was taken to the centre‘s
medical facility after the incident. Please indicate the time-lapse
between the time of incident and the time the detainees received
medical attention.
f. Was detainee PM taken to hospital after the incident and if not,
why not?
1.8. 24/11/2014 Thohoyandou Oversight visit conducted with Portfolio Committee.
The previous findings of JICS regarding water shortages at the centre were
confirmed during the visit.
1.9. 25/11/2014 Maphumulo 1. A death of an inmate that apparently occurred at the centre was not
reported to the Inspectorate as required section 15 of the CSA. The
Head of Centre informed that details of the death was forwarded to
the Stanger correctional centre for reporting to the Inspectorate as
required by section 15 (2) of the Correctional Services Act 11 of
1998 as amended (the act). The Inspectorate has no record of the
death being reported by either Maphumulo or Stanger correctional
centres.
2.
Recommendation: The HCC must furnish the Inspectorate with the
particulars of the death. The ICCV will be requested to conduct a
preliminary enquiry into the death, to assist the ICCV with access to
the deceased’s medical records including (but not limited to) the
following documents when requested: Death Certificate, Form BI
1663 and/or Form G362.
17/12/2014 letter sent
to DCS. No response
to date.
21
3. No nurse is currently employed at the centre. The Inspectorate takes
note that there were only 53 inmates incarcerated at the centre on the
day of the inspection making it impractical to employ a permanent
nurse. Appreciation is also taken of the fact that inmates are referred
to the nearest public hospital in emergency situations.
Recommendation: The HCC to indicate the plans and strategies in
place to ensure all newly admitted inmates are medically assessed
before being allowed to mix with the general population as required
in section 6 (5) (b) of the act.
4. The firefighting equipment has not been serviced on time (the service
was due in September 2014). Attention is drawn to B-order 2,
Chapter 18 Section 6 (Fire Safety Aspects).
Recommendation: The HCC must inform the Inspectorate as soon
as the equipment is serviced and indicate the alternative measures in
place to ensure fire safety in the interim.
5. The centre is dilapidated and in need of general repairs. One cell is
closed for renovations.
Recommendation: The HCC to indicate the plans in place to renovate
the centre including the timeframe thereof.
1.10. 26/11/2014 Kranskop 1. The firefighting equipment has not been serviced on time (the service
was due in August 2014). DCS’s attention is drawn to B-order 2
Chapter 18 Section 6 (Fire Safety Aspects).
Recommendation: The HCC to inform the Inspectorate as soon as
17/12/2014 letter to
DCS no response to
date
22
the equipment is serviced and indicate the alternative measures in
place to ensure fire safety in the interim.
2. The centre is dilapidated and in need of general repairs. The JICS
inspector also reports cracks in the walls.
Recommendation: The HCC should indicate the plans in place to
renovate the centre including the timeframe thereof.
1.11. 26/11/2014 Kutama
Sinthumule
No adverse findings regarding conditions at the centre or treatment of
inmates were made.
1.12. 1/12/2014 Kgosi Mampuru
II Central
In preparation for extradition hearings, a thematic inspection was
conducted to ascertain the suitability of the centre to house inmates
extradited to South Africa.
The Special Care unit where the inmates are envisioned to be housed
consists of single cells and is clean, neat and not overcrowded.
Hot and cold water is available and inmates are allowed ample time
to exercise and interact with each other in a controlled environment.
Inmates are allowed to study and receive visits.
Other privileges are granted in terms of DCS policies.
Inmates interviewed were satisfied with the treatment received from
DCS officials and had no complaints regarding the conditions in the
unit.
The unit also has its own medical clinic.
Some passages leading to and from the Special Care unit are dark
with lights not functioning. Inmates from other units also seem to
have free access to various parts of the centre through unlocked and
unguarded gates including the passages surrounding the Special Care
Documents regarding
the Inspectorate’s
findings are in the
process of being
completed.
23
Unit. During the inspection inmates were noted apparently roaming
the passages unescorted by officials. The HCC informed that due to
an acute shortage of staff, he is unable to man all gates between units
permanently and is therefore forced to keep some gates unlocked at
times. When collecting food, walking to the visit area, social worker
or engaging in any other activity outside the unit, inmates are
exposed to inmates from other units, creating the risk of being
assaulted. It must be mentioned that an inmate housed in the Special
Care unit was stabbed twice in the passage adjacent to the unit
recently. See the Inspectorate’s April to June 2014 quarterly report
for under “Investigations” for further details.
Recommendation: Although the Special Care unit per se is suitable
to house any inmate under humane conditions, inmates are at risk of
being stabbed or assaulted by inmates from other units when they are
outside the unit to collect food or while on the way to other activities.
The Judicial Inspectorate cannot endorse the incarceration of
vulnerable inmates at Kgosi Mampuru II Central, unless DCS gives
substantial assurances that they will be able to guarantee the safety of
inmates outside the Special Care unit.
1.13. 2/12/2014 Umzinto 1. The Inspectorate’s previous inspection conducted on the 28th of
August 2013 revealed inter alia that no fire drills were held and that
the Head of Centre was unsure if any officials were trained in fire
fighting as prescribed by order (B-Order 2 Chapter 18). During the
inspection of 2 December 2014, it was reported that no progress was
seemingly made in addressing same. A correctional centre is
essentially a closed environment with no fire escapes readily
available. Inmates are also locked up in cells filled with clothing,
18/12/2014 - letter to
DCS.
HCC acknowledged
receipt on 18/12/2014
24
bedding and highly flammable mattresses for most of the day,
making effective fire safety planning essential for the protection of
inmates and officials alike. Fire safety aspects forms a fundamental
part of the conditions under which inmates are incarcerated.
Recommendation: The recommendation herein still remains
essentially the same as per our previous inspection, namely:
The Head of Centre must inform the Inspectorate on the steps taken
to ensure that officials are trained in fire fighting as per B-order and
inform the Inspectorate when the last fire drill was held.
2. 5 inmates were found to have been apparently assaulted by DCS
officials. The particulars of the inmates were made available the
HCC.
Recommendation: The HCC must furnish the Inspectorate with the
following in each case:
a) Confirmation if the injury to the inmates were due to the use of
minimum force in terms of section 32 of the Correctional
Services Act 111 of 1998 as amended, or as a result of as assault:
official on inmate. (The Inspectorate received no reports on the
use of minimum force from the centre to date).
b) If the injury was due the use of force, a copy of the incident
report must be forwarded to the Inspectorate and if it is an assault,
a copy of the investigation report.
c) Did the inmate prefer charges and if so, SAPS case number.
d) Was the inmate taken to hospital after the incident and if not, why
not?
e) Has any disciplinary action against the inmate and/or official
been instituted?
25
If yes, HCC to specify the outcome.
1.14. 3/12/2014 Kgosi Mampuru
II Local
In preparation for extradition hearings, a thematic inspection was
conducted to ascertain the suitability of the centre to house inmates
extradited to South Africa.
The Inspectorate was informed that vulnerable inmates are housed at
the hospital unit of the centre.
The unit was inspected and found to consist of communal and single
cells grouped in mini units on two floors connected by stairs and a
lift.
The unit also houses inmates with contagious diseases as well as
some mentally ill inmates.
Vulnerable inmates currently housed in the unit are separated from
the abovementioned categories of inmates and housed in single cells.
Hot and cold water is available and vulnerable inmates are allowed
time to exercise and interact with each other in a controlled
environment.
Inmates are allowed to study and receive visits.
Other privileges are granted in terms of DCS policies.
Movement of inmates through the centre seems managed and gates
between units were found to be guarded and controlled during the
inspection.
Recommendation: The unit is suitable to house vulnerable inmates
under humane conditions subject to the assurances given by DCS in
similar matters.
Documents regarding
the Inspectorate’s
findings are in the
process of being
completed.
1.15. 3/12/2014 Ixopo 1. There is no Social worker employed at the centre although there is a post
for same on the current post establishment.
18/12/2014 - letter to
DCS no response to
26
Recommendation: The HCC to indicate the plans in place to appoint a
Social Worker including the timeframe thereof.
2. 2 inmates were allegedly assaulted by DCS officials. The particulars of
the inmates were made available the HCC.
Recommendation: The HCC must furnish the Inspectorate with the
following in each case:
a. Confirmation if the injury to the inmates were due to the use of
minimum force in terms of section 32 of the Correctional Services
Act 111 of 1998 as amended, or as a result of as assault: official on
inmate. (The Inspectorate received no reports on the use of minimum
force from the centre to date).
b. If the injury was due the use of force, a copy of the incident report
must be forwarded to the Inspectorate and if it is an assault, a copy
of the investigation report.
c. Did the inmate prefer charges and if so, SAPS case number.
d. Was the inmate taken to hospital after the incident and if not, why
not?
e. Has any disciplinary action against the inmate and/or official been
instituted?
If yes, DCS to specify the outcome.
3. The centre is in need of renovations especially to the plumbing system.
Recommendation: The HCC to indicate the plans in place to effect
date
27
renovations at the centre including the timeframe.
4. The fire extinguisher in at the clinic is empty and needs to be replaced.
Recommendation: The HCC should inform the Inspectorate of the
steps taken to replace the fire extinguisher and the timeframe thereof.
1.16. 5/12/2014 East London
Medium C
(Female)
No adverse findings were made during the inspection.
1.17. 9/12/2014 Potchefstroom
(Male and
female).
1. The male Juvenile unit is extremely overcrowded with some juveniles
sleeping two in a bed.
Recommendation: The HCC must detail the Inspectorate of the
strategies put in place to reduce same and the timeframe thereof.
2. 3 inmates were allegedly assaulted by DCS officials. The particulars of
the inmates were made available the HCC.
Recommendation: The HCC must furnish the Inspectorate with the
following in each case:
a. Confirmation if the injury to the inmates were due to the use of
minimum force in terms of section 32 of the Correctional Services
Act 111 of 1998 as amended, or as a result of as assault: official on
inmate. (The Inspectorate received no reports on the use of
minimum force from the centre to date subsection).
b. If the injury was due the use of force, a copy of the incident report
must be forwarded to the Inspectorate and if it is an assault, a copy
of the investigation report.
9/1/2015 Letter to
DCS regarding the
findings and
recommendations.
11/02/2015 Feedback
received from the
department reporting
the following:
1. The issue of
overcrowding was
brought to the
attention of the HRDF
and was dealt with
immediately whereby
some juvenile’s
offenders were
transferred to C-Unit.
28
c. Did the inmate prefer charges and if so, SAPS case number.
d. Was the inmate taken to hospital after the incident and if not, why
not?
e. Has any disciplinary action against the inmate and/or official been
instituted?
If yes, the HCC should specify the outcome.
3. The firefighting equipment has not been serviced on time (the service
was due in July 2014). B-order 2, Chapter 18 Section 6 (Fire Safety
Aspects) refers.
Recommendation: The HCC must inform the Inspectorate as soon
as the equipment is serviced and indicate the alternative measures in
place to ensure fire safety in the interim.
2. (a) PR was never
assaulted by Officials.
Criminal case was
withdrawn.
Remand detainee GN
registration number
214613261
Departmental case not
yet finalized as well as
remand detainee RL,
it is alleged assault
case, not use of force.
b) Case of use of force
was not reported, only
alleged assaults
officials on offenders.
c) Criminal cases were
registered: NG
21461361 case
number 227/12/2014
RR: 214616899 case
number 228/12/2014
PR: 2014611757 case
number 32/8/2014
d) Inmates were taken
to the hospital
29
attached is the G336
copy
e) No disciplinary
actions taken against
inmates. Two
investigations not yet
finalized.
3. Fire fighting
equipment were
serviced on 12
January 2015
1.18. 10/12/2014 Groenpunt
Medium A
1. 5 inmates were allegedly assaulted by DCS officials. The particulars
of the inmates were made available the HCC.
Recommendation: The HCC must furnish the Inspectorate with the
following in each case:
a. Confirmation if the injury to the inmates were due to the use of
minimum force in terms of section 32 of the Correctional
Services Act 111 of 1998 as amended, or as a result of as assault:
official on inmate. (The Inspectorate received no reports on the
use of minimum force from the centre to date subsection).
b. If the injury was due the use of force, a copy of the incident
report must be forwarded to the Inspectorate and if it is an assault,
a copy of the investigation report.
c. Did the inmate prefer charges and if so, SAPS case number.
d. Was the inmate taken to hospital after the incident and if not, why
not?
e. Has any disciplinary action against the inmate and/or official
9/1/2015 Letter to
DCS regarding the
findings and
recommendations.
30
been instituted?
If yes, the HCC should specify the outcome.
2. P1 Unit must still be renovated after riots that took place in 2013. The
fact that the unit is not utilized contributes to overcrowding.
3.
Recommendation: The HCC to inform the Inspectorate of the plans
in place to renovate / rebuild the unit including the timeframe thereof.
1.19. 11/12/2014 Parys 1. Construction of a new correctional centre is planned to commence in
February 2015 and is expected to be completed in three years’ time.
2.
Recommendation: The HCC to notify the Inspectorate as soon as
construction commences2. The centre currently housing inmates is
dilapidated and needs to be properly maintained especially regarding the
plumbing.
Recommendation: The HCC to inform the Inspectorate on the plans
in place to properly maintain the centre in the interim.
9/1/2015 Letter to
DCS regarding the
findings and
recommendations.
1.20. 17/12/2014 George 1. 3 inmates were allegedly assaulted by DCS officials. The particulars
of the inmates were made available to the HCC.
Recommendation: The HCC must furnish the Inspectorate with the
following in each case:
a. Confirmation if the injury to the inmates were due to the
use of minimum force in terms of section 32 of the
Correctional Services Act 111 of 1998 as amended, or as
a result of as assault: official on inmate. (The
9/1/2015 Letter to
DCS regarding the
findings and
recommendations.
31
Inspectorate received no reports on the use of minimum
force from the centre to date subsection).
b. If the injury was due the use of force, a copy of the
incident report must be forwarded to the Inspectorate and
if it is an assault, a copy of the investigation report.
c. Did the inmate prefer charges and if so, SAPS case
number.
d. Was the inmate taken to hospital after the incident and if
not, why not?
e. Has any disciplinary action against the inmate and/or
official been instituted?
If yes, the HCC should specify the outcome.
1.21. 18/12/2014 Mosselbay
Youth
No adverse findings were made.
1.22. 19/12/2014 Oudtshoorn
Female
The Inspectorate is still in the process of perusing the inspection
reports.
1.23. 29/12/2014 Johannesburg
Female
The Inspectorate is still in the process of perusing the inspection
reports.
1.24. 30/12/2014 Johannesburg
Medium C
The Inspectorate is still in the process of perusing the inspection
reports.
32
2. Investigations
3 investigations were conducted for the quarter. The first investigation centred on the alleged assault of an inmate by officials and the second on
arson where inmates lost their lives in the fire and others were injured. The last investigation concerned a complaint inter alia about confiscation
of property.
Overview of Investigations conducted for the quarter
#
Date
Centre and
investigation
focus
Findings Recommendations
2.1 24/10/2014 Henneman
Assault official
on inmate
1. Remand detainee KM, aged
19, alleges that he was
assaulted by 4 DCS officials
during a search at the juvenile
unit of the centre on
20/10/2014.
2. DCS was alerted by members
of the public that the inmate
is using a cell phone to
communicate with fellow
gang members outside the
centre.
3. The cell phone and other
unauthorized items were
found in KM’s possession
1. Even if the inmate does not want
to take the matter further an
internal investigation into the
allegations must be conducted by
DCS.
2. A copy of DCS internal
investigation report to be
furnished to the Inspectorate.
3. The HCC to furnish the
Inspectorate with details on the
measures put in place to prevent
the smuggling of contraband by
inmates.
23/10/2014
Matter received and
captured by JICS.
24/10/2014
investigation
conducted.
A copy of the
Inspectorate’s
investigation report
was forwarded to the
Head of centre.
DCS investigation
report still
33
during the search.
4. Directly after the search was
conducted, the acting HCC
visited the cells and asked the
inmates searched if they had
any complaints. No
complaints were raised at the
time.
5. KM stated that although he
was assaulted, he doesn’t
want to take the matter any
further.
No reasons were given for his
choice.
6. Medical records indicate no
evidence of injuries. KM
attended court on 21/10/2014
and the DCS official
informed that he saw no
visible injuries on KM was
observed on that day.
7. KM was not medically
assessed when attending
court.
8. One of the officials allegedly
involved in the assault was
interviewed and he denied the
allegation. According to him,
KM was searched and
outstanding
34
contraband, including a cell
phone, was found. The
inmate was aggressive during
the search but no physical
force was used against him.
He only became aware of
KM’s allegations on the day
of the Inspectorate’s
investigation.
2.2 31/10/2014 Barberton
Juvenile
1. On 25/10/2014, inmates
were locked into their cells
after breakfast for the
monthly comprehensive roll
call (including taking and
comparing fingerprints for
each inmate).
2. Cell 4 was opened at around
12:40 for this process as
well as to take the inmates to
the mess for supper.
3. Out of the 35 inmates
housed at the cell, 16 went
to lunch and to get their
fingerprints taken.
4. 19 Inmates refused to exit
the cell complaining about a
lack of exercise and
demanded to see the Area
Commissioner regarding this
1. The DCS internal
investigation report to be
made available to the
Inspectorate. The report must
detail the steps (internal and
criminal) taken against
inmates if found guilty of
arson/instigation.
2. DCS to ensure that there is
always a nurse on standby.
3. DCS to inform the
Inspectorate when the last fire
drill was held at the centre and
the number of officials trained
in fire fighting in the past
year.
18/11/2014 – the
Inspectorate’s
preliminary report
was made available
to the HCC with the
request to furnish the
information and
documents as per the
recommendations.
11/02/2015
Feedback received
from the department
reporting that the
investigation is
being conducted by
Regional Office
35
complaint and others.
5. The inmates who
complained were transferred
to another cell (cell 7)
complete with their
belongings.
6. The inmates were then
informed that they will not
be taken to the mess for
food, but that their food will
be served in the cell. The
food was served but the
inmates threw same through
the windows in protest, still
demanding to see the Area
Commissioner.
7. The acting HCC visited the
cell to address their
complaints but the inmates
still insisted to see the Area
Commissioner.
8. One inmate, PM, allegedly
encouraged the inmates to
set the cell alight if DCS
does not listen to their
complaints.
9. At around 18:30 inmate XG
allegedly collected
mattresses and other
36
material and set the cell
alight.
10. Officials arrived and doused
the fire with fire
extinguishers and a fire
hose. Inmates were extracted
from the cell and taken to
the public hospital at
Nelspruit.
11. One inmate (aged 21) died
on the scene and another
(aged 24) at the public
hospital. 7 other inmates
sustained serious injuries.
One of the inmates who
perished apparently did so in
an attempt to save his
possessions from the fire.
12. The alleged instigator and
arsonist both escaped
serious injuries.
13. Fire extinguishers were
serviced in August 2014 and
the contingency plan
approved in April 2014.
14. There was no nurse on
standby at the centre on the
day of the incident.
37
2.3 11/12/2014 Kgosi
Mampuru
Local
Complaints
regarding
weekend
visits,
confiscation
of property,
use of a
laptop and
conditions
K is a remand detainee currently
housed at the centre.
1. Weekend visits
K, as a remand detainee, is allowed
to receive visits on Tuesdays,
Wednesdays and Thursdays. He
wants to be allowed weekend visits
as substitute for his weekday visits
whenever he attends court.
Finding
a. K receives regular visits as
well as food from his family
on a regular basis. His
constitutional rights seem to
remain intact with 82 visits
received over a period of a
year.
b. K and DCS are aware well in
advance when the next court
appearance is and must
schedule all visits around
court appearances. If one or
two visit days in a particular
week are spent in court, it
doesn’t necessarily follow
that a weekend visit must be
1. Weekend visits
a. It is recommended that each
application for a weekend visit be
made in writing and properly
motivated.
b. Each application must be
considered on its own merits by
the Head of Centre. Reasons for
each decision must be
documented and communicated in
writing in terms of the Promotion
of Administrative Justice Act
(PAJA).
c. DCS must handle all complaints
within a reasonable time.
38
granted. K receives food from
his family during visits as he
doesn’t eat prison food
apparently due to cultural and
health reasons. DCS must
make provision that the food
reaches K as per section 48 of
the CSA.
c. It is the responsibility of DCS
to consider requests for
special weekend visits after
evaluating each request on
own merits. The safe custody
of K as well as the security
and good order of the
correctional centre should
form part of each decision
(section 4 of the CSA refers).
d. Although it is a fact that
remand detainees normally
do not receive visits over
weekends, JICS does not
agree with the decision of
DCS’s apparent blanket
refusal to grant any weekend
visits for remand detainees as
it does not leave room for any
flexibility in the decision
making process.
2. Television set confiscated by
DCS
39
2. Television set confiscated
by DCS
K applied for and was granted a
television for use in his cell. It was
later found that the TV can receive
more channels than just SABC and E
TV and has slots for memory sticks.
The television was confiscated and
returned to his family. He requests
his television back.
Finding
In a letter received from the DCS
dated 19 December 2014, it was
indicated that they are willing to re-
consider the application for a
television provided it is “desirable”.
3. Exercise equipment
confiscated by DCS
K applied for and was granted the
opportunity to purchase and use a
treadmill and exercise bike. Same
was later confiscated and he requests
that it be returned to him.
Findings
a. It is recommended that K re-
applies in writing for a television
in his cell. DCS IT unit must
examine the television beforehand
and certify in writing that it
conforms to the standards set by
DCS.
b. DCS must handle all complaints
within a reasonable time.
3. Exercise equipment confiscated
by DCS
a. It is recommended that the
equipment be returned to K on the
conditions previously agreed
upon.
b. It is further recommended that the
DCS medical staff (doctor and
nurses) be consulted in
determining the necessity of such
equipment in similar applications.
c. DCS must handle all complaints
within a reasonable time.
4. Laptop to use in preparation of
the court case.
a. DCS must furnish JICS with a
40
a. Although it remains the
responsibility of DCS to
decide whether an inmate
may be allowed to receive
such equipment, DCS seems
to have acted arbitrarily by
confiscating the equipment
without a reasonable
explanation.
b. The equipment was
previously approved and used
for some time without
objection by DCS. The
reason forwarded, namely
that the equipment was only
requested for a period of 3
months, could not be
demonstrated.
c. DCS need to furnish reasons
that are reasonable, lawful
and procedurally fair in terms
of PAJA for the confiscation
as well as why it cannot be
returned to K.
4. Laptop to use in
preparation of the court
case.
K complained that he wants a laptop
copy of the policy concerning the
use of laptops by remand
detainees referred to by DCS.
b. It is recommended that K re-
applies in writing for a laptop in
preparation of his cases and that
DCS re-consider the request.
c. If approved, DCS IT unit must
examine the laptop beforehand
and certify that it confirms to the
standards set by DCS. The laptop
should also be inspected
periodically to ensure it is not
altered or misused and DCS may
also set additional conditions if it
is in the interest of good
governance of the centre or for
security reasons.
d. If DCS decides not to approve
same, the reasons for the decision
must be communicated in writing
to K in terms of PAJA.
e. DCS must handle all complaints
within a reasonable time.
41
to assist him in preparation of his
court cases.
Findings
DCS informed that the request is not
approved as it is not allowed
according to policy. JICS have not
been provided with such a policy.
5. Conditions and apparent
isolation
K is alleging that he is held in
“isolation” in a single cell at the
hospital and that he is not allowed to
mix freely with other inmates.
a. During an in loco inspection
by officials from JICS at
Kgosi Mampuru II on 3
December 2014, it was found
that the conditions in the
centre hospital conforms to
the standard set in terms of
the so called Dewani rules
and is in line with humane
detention. Please see
inspections above.
b. On 25 November 2013 the
5. Conditions and apparent
isolation
No recommendation is made as the issue
has already been addressed by the High
Court.
6. General
DCS must investigate how the
contraband was brought into the centre. If
officials and/or inmates are found to have
assisted with smuggling contraband,
appropriate disciplinary steps should be
taken. Proper searching in terms of
section 27 of the CSA must be conducted
each time anyone enters or leaves the
42
South Gauteng High Court
granted an order directing
DCS to transfer K to the
hospital unit of Kgosi
Mampuru Local correctional
centre.
c. This specific complaint was
also the subject of a
subsequent application in the
Pretoria High Court in 2014
and was dismissed with costs.
6. General
It was noted with concern that when
K’s cell was searched on 8
December 2014, two cell phones, a
tablet and about 35 memory sticks
were confiscated. K was also found
in possession of a cell phone
previously which, according to him,
he used to communicate with his
attorney. K mentioned to the JICS
investigator that he was aware that it
is not allowed to have these items
while incarcerated. A group known
as the “K Family” informed JICS on
7 December 2014 via email that K
had the cell phone in his possession
on advice of his attorney.
centre.
43
It is not part of the JICS mandate to
investigate such allegations, but DCS
must be made aware of same for
possible further investigation.
Also of concern is the question of
how the items were brought into the
centre as everyone entering or
leaving the centre must be properly
searched.
44
OBJECTIVE 2: COMPLAINTS
3. Complaints
The Inspectorate received (229) complaints for the quarter October to December 2014. 36
complaints were referred by external stakeholders (see table 6 below). 138 were received
from inmates and their families and 55by ICCV’s (see table 3 below).
3.1 Overview of complaints received from external sources
External Sources
Categories
PC
SA
HR
C
NIC
RO
AT
TO
RN
E
Y
SA
PS
OT
HE
R
TO
TA
L
Appeal 0
Assault (Inmate on Inmate)
1 6 7
Assault (Official on Inmate)
1 1
Assault (Sexual) 0
Bail 0
Communication with Family
0
Conditions 1 1
Confiscation of Possession
1 1
Conversion of Sentence 0
Corruption 0
Food 0
Health Care 2 1 3 6
Hunger Strike 0
Inhumane Treatment 1 1
Legal Representation 1 1 2
Medical Release 0
Parole 1 1
Re-Classification 1 1
Rehabilitation Programmes
0
Remission 0
Torture
2 2
Transfers 1 5 6
Others 1
1 5 7
Total 5 6 3 3 2 17 36
45
3.2 Overview of complaints received from inmate, families and ICCVs
Categories Inmate Family ICCV Total
Appeal 5
5
Assault (Inmate on Inmate) 3
1 4
Assault (Official on Inmate) 24 4 46 74
Assault (Sexual) 1 1
2
Bail
0
Communication with Family 1
1
Conditions 4 3
7
Confiscation of Possession 2
2
Conversion of Sentence
0
Corruption 1
1
Food 2 1 2 5
Health Care 4 3
7
Hunger Strike
0
Inhumane Treatment 6
1 7
Legal Representation
0
Medical Release 2
2
Parole 4 6
10
Re-Classification 3 2
5
Rehabilitation Programmes 1 1
2
Remission 2
1 3
Torture
0
Transfers 19 12 3 34
Others 18 3 1 22
Total 102 36 55 193
Focus Areas
The Inspectorate focuses mostly on complaints where inmate’s core minimum rights were
alleged to have been violated. In this regard conduct that allegedly violates the safety of
inmates and their human dignity are brought under scrutiny.
With reference to assaults (official on inmate), 75 complaints were received. The table below
sets out the circumstances
46
3.3 Overview of assaults: (official on inmate)
Assault (official on inmate)
No
Date of
Incident
Date
Received
Inmate
Name, Reg
No, Ref No,
Status
Correctional
Centre Source Description
Action taken to resolve
matter
Documents
Outstanding
1. 21/9/2014 2014/10/01 SB 211355632 R-901-2014 23years
Krugersdorp
CC
Inmate On the 21/9/ 2014 offender at Unit 15A S 213155632 was assaulted by the Unit Manager Ms. PN. According to the inmate he was never taken to the hospital for medical treatment. The offender was not given the chance to lay a criminal charge. No internal investigation is lodged against the member. Offender wants to lay a criminal charge against the official. Offender request medical treatment.
10/10/2014. Wrote a letter to HCC.
10/11/2014 Fax letter to HCC. Feedback received from HCC.
Decision pending
NONE
2. 24/9/2014 2014/10/06 SN 208796527 R-916-2014 29years
Baviaanspoort
CC
Inmate Offender alleged that on 24 September 2014 he was beaten by officials who accused him of having a sim card. Offender request assistance to open a criminal case, because his ribs were damaged.
06/10/2014 Received complaint telephonically from inmate. Matter captured under R-916-2014. Send bulletin to ICCV Mr. Sizane to consult with inmate and forward to JICS
NONE
47
via fax number 021-4211086 the ROC, copy of G337. Telephone ICCV Mr. Sizane.
09/10/2014 Received fax copy of ROC, copy of the G337, G336 from ICCV, and affidavit from complainant and written letter from a witness. Send letter to HCC for
feedback on 19/10/2014. Received feedback from HCC and copy of investigation report. Decision pending
3. 18/8/2014 2014/10/06 TM 214683383 R-919-2014 24years
Senekal CC Inmate Inmate in this matter alleges that he was detained at Senekal CC on 18 August 2014 and on 22 August 2014. At around 16h00 while eating in the dining hall, other inmates took their food to their cells they called him to come as they are to be counted. A white
06-10-2014 Complaint captured by Mr. Phoré. Registered complaint under R-919-2014. Received a letter from complainant that he does not want to proceed with his complaint as he has
NONE
48
male official slapped him with an open hand 3 times through his face as he was too slow getting in the queue. Inmate request assistance to open a criminal case against said official.
forgiven the officials that assaulted him.
Decision pending
4. 22/6/2014 2014/10/08 CQ 211436909 R-922-2014 35years
Modderbee cc Public According to complainant Ms SC who complained on behalf of offender TK (R-624-2014) she reported – 1. A spot search was conducted on the 18 June 2014 and an official Mr. CM confiscated a mobile device in inmate's possession. 2. On the 22 June had not been on duty (this was confirmed with an official on duty on 2014 at around 07:30am. Mr. CM who the 22 June 2014) entered the cell where inmate is incarcerated and demanded information from the device he confiscated. "Note that the mobile device was still in the official's possession 5days later. Inmate noted that he had no information and Mr. CM then attacked and assaulted
The HCC for Modderbee had already been engaged in the assault complaint of offender TK (R-624-2014) and already the centre provided the feedback and the investigation report into the matter.
19/08/2014
Receive DCS investigation report Decision pending
NONE
49
him. Official had him removed from the cell where he was brutally beaten up. After assaulting inmate official broke the locker open and removed what he needed and left the cell. Inmate is a chronic asthma patient/also underwent an ear transplant about 5/6years ago. Inmate suffered severely with his ear and his chest. Ms SC was aggrieved by the actions of the official and demanded appropriate action.
5. 10/10/2014 2014/10/10 VN 211138052 R-934-2014 28years
Ncome Inmate The offender called JICS and complained that he was assaulted by official D on Friday 10 October 2014. According to the offender the official has a tendency of fiddling with offenders and the official was attempting to touch and or fiddle him and he refused and official took a tonfa from another official and assaulted him on the head. The offender requested to be allowed opportunity to open
10/10/2014 Matter received and captured
15/10/2014 Email sends to HCC. HCC acknowledge receipt of email.
21/10/2014 Call ICCV Ms Khumalo. Send ICCV a bulletin to follow the matter.
NONE
50
a SAPS case but was refused. During the conversation when the offender phoned, he was advised to seek and procure an appointment with an ICCV and report the matter.
29/10/2014 HCC send feedback to JICS. Feedback was discussed. Was advised to ask for internal investigation report from the HCC.
31/10/2014
Received the internal investigation report with help of the ICCV Ms.Khumalo.
Ruling made and
communicated to parties
6. 18/9/2014 2014/10/13 SM 2100155461 R-935-2014 37years
Kuthama
Sinthumule
Inmate Inmate called to inform JICS that he was assaulted by DCS official on the 18/9/2014.The inmate stated the official assaulted him in the face. The inmate also reported the incident to his family. The inmate alleged that the official treat him badly now. He wants to lay criminal charge against the official.
13/10/2014 Matter received and captured 10 /11/2014 Write letter to HCC requesting response, comments and investigation report. 11/02/2015 Feedback received from the department reporting that no investigation was conducted for this matter as no report to DCS. An offender was interviewed on the 5th of February 2015. An offender indicated that
DCS investigation report
51
Mr M ordered EST to assault him on September 18 2014. He agreed that he did not report the matter to either DCS or Area Manager in Green Prison and there was no entry for that incident in the daily schedule for that day. There is also no entry for his treatment in Health care facility for the assault allegation for the same offender for the 18 September 2014. An offender indicated that he and officer M who is a case officer in Green prison do not have any grudge or misunderstandings or not treating him badly as indicated in the JICS quarterly report. He further indicated that he do not want to pursue this matter anymore.
7. Not provided
2014/10/16 DST 213797351 R-939-2014 39years
Vereeniging Inmate Inmate alleges that he was assaulted by an official in cell 4. The inmate alleges that fighting broke out in the cell but that he was not involved. Inmate alleged as
16/10/2014 Matter received and captured Received faxed RoC from ICCV Sabeela.
DCS investigation report
52
a result of the assault by the official he sustained injuries to his forehead for which he received medical attention. The inmate wants to open a criminal case against the official who assaulted him.
17/10/2014 Send bulletin to ICCV requesting copy of the G336 & 337 injury register. Also requested a written report from complainant and a witness of the assault – diarized for 22-20-2014.
20/10/2014 Send letter to HCC for feedback diarized for 21-10-2014.
28/10/2014 Partial feedback received from HCC Contacted HCC telephonically requesting the full scale investigation and other annexure as promised.
31/10/2014
HCC request an alternate deadline for finalizing this matter. Postponement of this matter was granted and diarized for 14-11-2014.
8. Not provided
2014/10/20 TG 209292565 R-944-2014
Vereeniging ICCV The ICCV reported that the offender was assaulted by an official. The offender
20/10/2014
Matter received and captured
DCS investigation report
53
28years
was hit in his face three times by the official. The ICCV did not mention that the inmate received medical treatment. The inmate request to be transfer to other correctional centre, to the inhumane treatment from the DCS official.
10/11/2014 Call the ICCV to consult with offender with clear instruction and forward ROC to JICS. Write letter to HCC requesting response, comments and investigation report.
9. 20/10/2014 2014/10/24 KM 214404458 R-958-2014 19years
Henneman Family Complaint lodged by the Mother of unsentenced Juvenile incarcerated at Henneman correctional centre. She alleges that her son was assaulted by officials, M, C, MK and a MM on Monday night 20 October 2014. Offender suffered a swollen arm, chest pains and injury to the leg. Mother also alleged that inmate was not medically assessed.
23/10/2014 Matter received and captured Received feedback of a telephone conversation between JICS Investigator Ms Nembambula. Received HCC telephone feedback of alleged incident.
24/10/2014 Received JICS investigation.
DCS investigation report
10. Not provided
2014/11/5 210405053 R-978 -2014
Kranskop CC Inmate The offender was assaulted by the HCC forcing to admit the dagga that was found in the garden was for him. The offender doesn’t smoke dagga. The offender was
2014/11/05 Matter received and captured
DCS investigation report
54
also force to scrap the floors. The offender wants to open a criminal case against the HCC, but was refused. The complaint was discussed at the VC and referred to DLS.
11. Not provided
2014/11/7 NP 210216306 R-982-2014
Kirkwood CC ICCV ICCV submitted a report of her record of consultation with offender in which is recorded that the offender would like to know how far his SAPS case is that he opened following an assault allegedly perpetrated against him by officials. The case is said to have been referred to investigation and the SAPS case no 47/12/2013 is still pending.
2014/11/07
Matter received and captured 13/02/2015 Feedback received from the department reporting that the investigation report was posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
DCS investigation report
12. 18/6/14 2014/11/7 AV 212213776 R-983-2014
Kirkwood CC ICCV ICCV submitted a report of her record of consultation with offender in which is recorded that the offender was assaulted by an official on 2014/06/18. The offender alleges to have sustained an injury to his right hand. The case is said to have been
referred to investigation and that the offender was interviewed by the HCC and he indicated that he does not
2014/11/07 Matter received and captured ICCV attached to record of consultation a report by the HCC on the circumstances surrounding the complaint. 13/02/2015 Feedback received from the department reporting that the investigation report was posted to the office of the
HCC response
55
want to lay a charge with SAPS. (A document alleged to be attached was not attached).
Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
13. Not provided
2014/11/7 AB 214328459 R-984-2014
Kirkwood CC ICCV ICCV submitted a report of her record of consultation with offender in which is recorded that the offender was assaulted by official and would like to lay a SAPS case. The case is said to have been referred to investigation and the SAPS case 22/08/2014 is still pending.
2014/11/07 Matter received and captured 13/02/2015 Feedback received from the department reporting that the investigation report was posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
DCS investigation report
14. Not provided
2014/11/7 BR 213328808 R-985-2014
Kirkwood CC ICCV ICCV submitted a report of her record of consultation with offender in which is recorded that the offender was assaulted by official and would like to lay a SAPS case. The case is said
2014/11/07
Matter received and captured 13/02/2015 Feedback received from the department reporting that the investigation report was
DCS investigation report
56
to have been referred to investigation and the SAPS case 21/05/2014 is still pending.
posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
15. Not provided
2014/11/7 JV 214328458 R-986-2014
Kirkwood CC ICCV ICCV Ms L Fletcher submitted a report of her record of consultation with offender in which is recorded that the offender was assaulted by official T and would like to lay a charge with SAPS case. The offender alleges to have sustained injuries on his back and his ankle is swollen and bruised. The case is said to have been referred to investigation and the SAPS case 23/05/2014 is still pending.
2014/11/07
Matter received and captured 13/02/2015 Feedback received from the department reporting that the investigation report was posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
DCS investigation report
16. Not provided
2014/11/7 BS 212328844 R-987-2014
Kirkwood CC ICCV ICCV submitted a report of her record of consultation with offender and in which is recorded that the offender was assaulted by official and have sustained injury to the right arm. The case is said to have been referred to investigation. The offender was interviewed and he
2014/11/07 Matter received and captured ICCV attached to record of consultation a report by the HCC on the circumstances surrounding the complaint. 13/02/2015 Feedback received from the
HCC response
57
indicated he does not wish to lay a charge against the member (The document indicating the offenders ‘wish as alleged to be attached was not attached).
department reporting that the investigation report was posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
17. 19/10/14 2014/11/10 211764894 R-992-2014
East London CC
Family Brother of offender reported directly to JICs that abovementioned offender was assaulted by DCS officials on Sunday 19 October 2014. Brother also mentioned that inmate is walking with crutches and was not allowed to complete the J88. Request HCC to have an investigation to the allegations by inmates Brother.
2014/11/10
Matter received and captured 13/02/2015 Feedback received from the department reporting that The investigation was posted to the office of the Inspecting Judge with tracking Number 049901129209
DCS investigation report
18. Not provided
2014/11/10 200493698 R-1000-2014
Helderstroom Med CC
ICCV The matter was referred by the ICCV. The ICCV record of consultation reflects that inmate was assaulted by members in the courtyard under supervision.
2014/11/10 Matter received and captured
DCS investigation report
19. 1/3/14 2014/11/10 213690065 R-1001-2014
St Albans Max CC
ICCV The inmate’s complaint was referred by the ICCV. Inmate alleges that he was assaulted by the National EST officials on the eve of 1
2014/11/10 Matter received and captured 13/02/2015 Feedback received from the
DCS investigation report
58
March 2014. Inmate sustained injuries as a result. Inmate was assaulted in his umbilical area, it was swollen. He sustained bruises to his left upper arm; his left ear was painful which resulted in his hearing being impaired.
department reporting that The matter was not reported by the offender. The matter will be investigated
20. Not provided
2014/11/10 211690173 R-1002-2014
St Albans CC ICCV Inmate’s complaint was referred by the ICCV. It is alleged that one official a Mr. S are known for ill-treating the inmate. Inmate is always manhandled by this official and inmate always leaves the official with torn clothes. At one stage the official even assaulted inmate resulting in inmate landing in the centre clinic. It appears the HCC intervened and addressed both inmate and official. According to HCC inmate was happy with the outcome. JICS to follow this up.
2014/11/10
Matter received and captured 13/02/2015 Feedback received from the department reporting that The incident wasn’t reported - don’t appear in the G336 register. Matter will be investigated
DCS investigation report
21. 18/11/2013 2014/11/10 212721766 R-1003-2014
Patensie CC ICCV Inmate's complaint was referred by the ICCV. It is alleged that inmate was bitten by police watch dogs on 18 November 2013. He
2014/11/10 Matter received and captured Duplicate matter closed [R-1046-2014]
DCS investigation report
59
was stitched under his right armpit. Inmate requested to open a case. Inmate wanted to open a SAPS case as he was not yet taken to see the investigations. The HCC commented that the inmate will be given opportunity to make a statement to investigations. Further internal processes would follow and inmate will be provided with medical treatment.
13/02/2015 Feedback received from the department reporting that The matter was never reported to the Centre. This offender was released from Patensie centre on 26.11.2014
22. 2/3/2014 2014/11/10 2107196 R-1005-2014
St Albans CC ICCV Inmate's complaint was referred by the ICCV. It is alleged that inmate was assaulted by officials of the EST on 2 March 2014. Inmate was instructed to go out of his cell and face the wall and look down. He sustained an injury to his right side finger. Inmate wants to open a SAPS case against the EST official who assaulted him.
2014/11/10
Matter received and captured 13/02/2015 Feedback received from the department reporting that The matter was investigated and the offender indicated that he has already made a statement to his lawyer therefore he will not make another statement.
DCS investigation report
23. 2/3/2014 2014/11/10 206690159 R-1006-2014
Jansenville CC ICCV Inmate's complaint was referred by the ICCV. It is alleged that he was assaulted by EST officials who had beaten him with a baton and also choke him.
2014/11/10 Matter received and captured 13/02/2015 Feedback received from the department reporting that
DCS investigation report
60
The incident occurred on 2 March 2014. Inmate wants to open a SAPS case against the EST officials who assaulted him.
The incident does not appear on all assaults Registers. We need more information from the inspecting judge's office to trace the matter
24. Feb 2014 2014/11/10 209216475 R-1007-2014
Kirkwood CC ICCV Inmate's complaint was referred by the ICCV. Inmate requested assistance with the assault incident by the EST officials in February 2014 at the St Albans Maximum correctional centre. SAPS case CAS207/4/2014 Kabega Park SAPS
2014/11/10 Matter received and captured 13/02/2015 Feedback received from the department reporting that The investigation report was posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
DCS investigation report
25. Not provided
2014/11/10 208690098 R-1008-2014
St Albans CC ICCV Inmate's complaint was referred by the ICCV. It is alleged that inmate was assaulted by EST officials on his head and back with a baton. He was also choked. He wants to open a SAPS case against EST assailants.
2014/11/10 Matter received and captured 13/02/2015 Feedback received from the department reporting that The incident wasn’t reported - don’t appear in the G336 register. Matter will be investigated
DCS investigation report
26. 22/3/13 2014/11/10 212721671 R-1009-2014
Kirkwood CC ICCV Inmate's complaint was referred by the ICCV. It is alleged that inmate was assaulted by officials of the EST on 22 March 2013. He
2014/11/10 Matter received and captured 13/02/2015 Feedback received from the
DCS investigation report
61
since then had been on 3 different drafts. Inmate claim that his wedding band was confiscated during the search and claim a Mr. J confiscated it. Inmate wants feedback on his complaint.
department reporting that the investigation report was posted to the office of the Inspecting Judge on the 10.02.2015 with the tracking number 953910569.
27. Not provided
2014/11/10 212073823 R-1010-2014
Voorberg CC ICCV The matter was referred by the ICCV. The inmate was assaulted by officials in the communal cells. The offender reported the matter and it is still under investigation. DCS official Mr. J was appointed to investigate.
2014/11/10
Matter received and captured
DCS investigation report
28. Not provided
2014/11/10 214072461 R-1011-2014
Caledon CC ICCV The matter was referred by the ICCV. The inmate wants to lay a charge against members of SAPS who assaulted him when he was arrested.
2014/11/10 Matter received and captured
HCC response
29. 8/4/2014 2014/11/10 214980888 R-1012-2014
Buffelsjagrivier CC
ICCV The matter was referred by the ICCV. The inmate was assaulted by Mr. D on 8/4/14. He has bruises on his left arm and also his back.
2014/11/10
Matter received and captured
DCS investigation report
30. Not provided
2014/11/10 213001153 R-1013-2014
Drakenstein Max CC
ICCV The matter was referred by the ICCV. The inmate would like to open a case against an official who assaulted him.
2014/11/10 Matter received and captured 11/02/2015 Feedback
None
62
received from the department reporting that According to inmate, he never complained to open a criminal case against any official. See statement.
31. Not provided
2014/11/10 214000214 R-1014-2014
Allendale CC ICCV The matter was referred by the ICCV. The inmate was assaulted by a Mr. A in A- Section while getting ready to be counted. He reported the matter to his case officer which then advised him to report it to the HCC. After reporting the matter and the HCC had left. Mr. A then went to his room and assaulted him again in which he then fought back. SAPS were contacted and the offender consulted with the HCC and a case of assault was laid.
2014/11/10 Matter received and captured
DCS investigation report
32. Not provided
2014/11/10 213001917 R-1015-2014
Allendale CC ICCV The matter was referred by the ICCV. The inmate was assaulted when he was arrested by police.
2014/11/10 Matter received and captured
DCS investigation report
33. Not provided
2014/11/10 213003282 R-1016-2014
Allendale CC ICCV The matter was referred by the ICCV. The inmate would like to open a case against the police who assaulted him two weeks before he was arrested.
2014/11/10 Matter received and captured
HCC response
63
34. 11/7/14 2014/11/11 209690080 R-1021-2014
St Albans CC Community Safety
This matter is a referred by the Department of Community Safety Western Cape Government. On 11 July 2014 inmate was beaten by St Albans officials and shocked with electric objects in Kokstad when he had a guest during his visit he was in cuffs. On 7 November 2014 he was assaulted by officials in St Albans when he came back from Kokstad.
2014/11/11 Matter received and captured 13/02/2015 Feedback received from the department reporting that the incident wasn’t reported - don’t appear in the G336 register. Matter will be investigated
DCS investigation report
35. Not provided
2014/11/11 214215697 R-1022-2014
East London CC
Inmate The inmate telephoned the JICS. He requested help with his assault case.
2014/11/11
Matter received and captured
HCC response
36. Not provided
2014/11/11 214372048 R-1023-2014
Lady Smith CC Inmate According to the inmate he was assaulted by the assailant and his accomplices. The inmate wants open a criminal case against them. The inmate was seen by doctor at Escourt. Inmate requesting to be assistance.
2014/11/11 Matter received and captured
HCC response
37. Not provided
2014/11/11 214372040 R-1024-2014
Lady Smith CC Inmate According to the inmate he was assaulted by SAPS and was not taken to the doctor for assistance. The inmate got injured. Request from your unit to phone the SAPS to open a case.
2014/11/11
Matter received and captured
HCC response
64
38. Not provided
2014/11/23 KL 213721679 R-1040-2014
St Albans CC Inmate Offender contact the Inspecting Judge office telephonically reporting an assault by DCS (EST) officials in C-section St Albans Med B. Offender alleged that he requested via the G365 register that he intent to lay criminal charges against the perpetrators without any joy as the SAPS are yet to consult with him.
2014/11/23 Matter received and captured Telephone the acting HCC Ms M informing her of the assault.
2014/11/24 Bulletin and telephone to ICCV to consult inmate and provide record of consultation
2014/11/25 Letter to HCC requesting investigation report. Received responding bulletin from ICCV. 13/02/2015 Feedback received from the department reporting that the investigation is finalized and was faxed to JICS on 19.12.2014
DCS investigation report
39. Not provided
2014/11/25 SM 544835 R-1044-2014
Kroonstad CC Inmate Offender SM 544835 complained directly of an assault by officials for no apparent reason. Offender alleged that he requested to see the Doctor as he was badly injured but they
2014/11/25
Matter received and captured
2014/11/24
Bulletin and telephone to ICCV to consult inmate and
DCS investigation report
65
refused him to see the Doctor.
provide record of consultation
2014/11/25
Letter to HCC requesting feedback. Diarized 27/11/14. HCC acknowledge receipt of letter via email.
40. 31/5/06 2014/11/25 SM 202814915 R-1047-2014
Grahamstown CC
ICCV Inmate's complaint was referred by the ICCV. Inmate alleges that he was assaulted by officials of the Umtata Correctional Centre on 31 May 2006. Inmate sustained serious injuries to the extent that his right leg had broken at two locations and serious wounds to his head and other parts of his body. Inmate after a lengthy process managed to open a SAPS case. Subsequently inmate been in a wheelchair and in and out of public hospitals for x-rays etc. Inmate resultantly requested a copy of his J88 and x-rays photos but was denied. Inmate request help
2014/11/25 Matter received and captured 13/02/2015 Feedback received from the department reporting that the matter will be investigated internally as it was never brought to the attention of the management. The office of the Inspecting Judge will be provided with the report once the investigation is finalised
DCS investigation report
66
to receive these documents.
41. Not provided
2014/11/28 214980824 R-1054-2014
Buffelsjagrivier CC
ICCV ICCV reported an assault of inmate by a correctional official member Mr. J and another. Offender alleged that Mr. J slapped him in his face and another member used a tonfa brush on right shoulder. Offender wants to lay criminal charges against the perpetrators. HCC to please assist by conducting an investigation and contact SAPS.
2014/11/28 Matter received and captured
DCS investigation report
42. Not provided
2014/12/09 212172055 R-1068-2014
Qalakabusha CC
ICCV The ICCV reported the offender was assaulted by the officials. Offender needs JICS intervention. The complaint was not tabled at the VC.
2014/12/09 Matter received and captured
DCS Investigation report
43. Not provided
2014/12/09 213981922 R-1075-2014
Vooberg Med B CC
ICCV ICCV at Buffelsjagrivier CC reported of an assault by members (Mr. J & D) by slapping offender (PE) in his face and are left with bruises on his right upper arm.
2014/12/09 Matter received and captured
DCS Investigation report
44. 6/4/14 2014/12/09 213073046 R-1076-2014
Helderstroom Med CC
ICCV ICCV reported on an assault on the 06-04-2014 by members Mr. J and L and another by slapping offender M in the face. Inmate wants to lay criminal charges
2014/12/09
Matter received and captured
DCS Investigation report
67
against the Members.
45. 8/4/14 2014/12/09 214980888 R-1077-2014
Buffeljagrivier CC
ICCV ICCV reported of an assault of offender JH by official Mr. D on the 08-04-2014 and were left with bruises on left arm and at his back.
2014/12/09 Matter received and captured
DCS Investigation report
46. Not provided
2014/12/09 212980750 R-1078-2014
Buffeljagrivier CC
ICCV ICCV reported of an assault by a Black member name unknown but remembers his face and were left with a swollen left knee and bruises. Offender wants to lay criminal charges against the member. HCC phoned SAPS to take statement.
2014/12/09 Matter received and captured
DCS Investigation report
47. Not provided
2014/12/09 214465862 R-1079-2014
Barbeton Town CC
ICCV ICCV submitted a report to JICS reporting that the inmate alleged to have been assaulted by an official at the Record office and he believes that it was an inhumane treatment. The ICCV reported that an investigation was conducted and the concerned official was cautioned. The resultant investigation report to be sought from the HCC.
2014/12/09
Matter received and captured 11/02/2015 Feedback received from the department reporting that the inmate has since been released before the disciplinary hearing
DCS Investigation report
48. Not provided
2014/12/09 213465046 R-1080-2014
Barbeton Town CC
ICCV ICCV reported to JICS that inmate alleged to have been assaulted by SAPS officials and he opened a case at Ngodwana Police Station
2014/12/09 Matter received and captured 11/02/2015 Feedback
DCS Investigation report
68
but has not yet received any feedback. Seeing the offender was allegedly assaulted by the SAPS, the matter to be referred to IPID. The HCC to assist the offender in referring the complaint to IPID
received from the department reporting that the offender was assisted to open a SAPS assault case
49. 25/5/14 2014/12/09 214466493 R-1081-2014
Nelspruit CC ICCV ICCV reported to JICS that the offender alleged to have been assaulted on 25/05/2014 by SAPS officials at Hazyview Police Station with a stick and he was brutally beaten and sustained body injuries and he has scars on his face. ICCV reported that the case is under investigation by IPID and outcome is awaited. The HCC to assist the offender regarding resolution of his case.
2014/12/09 Matter received and captured
DCS Investigation report
50. Not provided
2014/12/09 212292862 R-1082-2014
Kutama Sinthumele
ICCV ICCV reported to JICS that the offender (originally from Johannesburg Med C or the incident may have happened there) was assaulted by SAPS (Two officials) and he further declares that the two officials are known to the investigating officer N from the Alexandra Police
2014/12/09 Matter received and captured 11/02/2015 Feedback received from the department reporting that: “No investigation was conducted on the issue because DCS and the Area
DCS Investigation report
69
Station. The matter to be referred to IPID and the HCC to assist the offender on the referral.
Manager in Green prison, we both became aware when we received the quarterly report from JICS, An offender was interviewed on the 5th of February 2015 and the offender indicated that he laid a criminal charge for assault in Jo’Burg in April 2014 and SAPS came for his statement but was not called to appear in court. He further said that when trying to make follow up with the officers in Jo’burg, he was transferred to Kutama Sinthumule without being assisted but he never complained to us. A follow up was made with Jo’burg Medium C and Mr M was contacted and he indicated that he is not aware of the offender’s complaint. The matter is referred to the grievance officer in Kutama Sinthumule to assist the offender by calling Mondeo police station and find out if the allegation is true. But trying to get hold of captain Radebe whom the offender alleged is the investigation
70
officer of his case did not bear fruits but it the matter will be followed up.”
51. April 2014 2014/12/09 214466248 R-1083-2014
Nelspruit CC ICCV ICCV reported to JICS that offender alleged to have been assaulted during April 2014 by member (not clear whether DCS or SAPS official) at the Schoeman Police Station. Offender alleges to have been beaten with shoe sole on the body and his body was swollen. Seeing the alleged assault is said to have taken place at the Schoeman Police Station, it may have been a SAPS official and therefore the matter to be referred to the IPID for further investigation. The HCC is assisting the offender.
2014/12/09 Matter received and captured 11/02/2015 Feedback received from the department reporting that the offender was assaulted by SAPS Hazyview
DCS Investigation report
52. Not provided
2014/12/09 208295251 R-1084-2014
Johannesburg Med A CC
ICCV ICCV reported to JICS that offender alleged to have been assaulted at Mangaung Correctional Centre by officials during the last year outbreak. The police who were in charge were from Mahutswe Police Station. The ICCV reported further that the Police Station was contacted and in informed
2014/12/09
Matter received and captured
DCS Investigation report
71
DCS officials that the case is with the senior public prosecutor for decision. The Prison Director of the Mangaung Correctional Centre to provide feedback on the allegations
53. 16/6/14 2014/12/09 211927758 R-1085-2014
Johannesburg Med A CC
ICCV ICCV reported that the offender alleged to have been assaulted by four officials on 16/06/2014 and he was not taken to the hospital section for treatment but instead was mechanically restrained. The ICCV reported further that the DCS authorities declared that the offender never reported his assault incident and any injury sustained. The HCC of the Johannesburg Med A Correctional Centre to provide feedback.
2014/12/09
Matter received and captured
DCS Investigation report
54. Not provided
2014/12/09 212955142 R-1086-2014
Buffelsjagrivier CC
ICCV ICCV reported of an assault by member on inmate EM 212955142 and were left with a swollen left knee and also shocked him. Offender request assistance to lay criminal charges against member. HCC phoned SAPS to take statement.
2014/12/09
Matter received and captured
DCS Investigation report
72
55. 8/4/14 2014/12/09 213981912 R-1087-2014
Buffelsjagrivier CC
ICCV ICCV reported an assault that happened on the 08-04-2014 by a member. Inmate wants to lay criminal charges against the official. HCC phoned SAPS Swellendam to take statement.
2014/12/09 Matter received and captured
DCS Investigation report
56. 23/4/14 2014/12/10 214981224 R-1092-2014
Buffelsjagrivier CC
Inmate was assaulted by SAPS and a case has been open by SGT Smith on 23-04-14. No detective was by him yet. Request that the investigator in this case come and consult with him for a statement.
2014/12/10 Matter received and captured
DCS Investigation report
57. 26/3/14 2014/12/10 214665299 R-1093-2014
Robertson CC Inmate On 26-03-14 He was assaulted by Mr.CK. SAPS came to take a statement. Inmate was seen by Doctor and is yet to lay criminal charges as inmate is still waiting for Detective to take his statement. Assistance to contact SAPS. Call Robertson SAPS liaise with Det. C at around 09h30 and he explain statements of all role players, witness has been taken, but the state prosecutor decide to withdraw case from the court role.
2014/12/10 Matter received and captured
DCS Investigation report
73
58. 6/11/13 2014/12/10 211665133 R-1094-2014
Robertson CC Inmate Inmate was assaulted by SAPS on 6-11-2013. He was at hospital in Montagu. Docket was open by constable F. S. Inmate alleged he never received any feedback. Assistance with feedback how far case is? Phoned Montagu at 09h10 on 07-02-14 Constable C and gave a MAS no. 48/11/2013 and indicated that IPID is dealing with the case.
2014/12/10 Matter received and captured
DCS Investigation report
59. Not provided
2014/12/10 213659291 R-1095-2014
Queenstown CC
Inmate Offender alleges he was assaulted by two officials. The ICCV reported that the inmate wants to open a criminal case. The offender never reported this incident to the HCC. The complaint was not recorded in the G365 Complaints and request register. The matter will be investigated and also refer to the Area commissioner office.
2014/12/10
Matter received and captured 13/02/2015 Feedback received from the department reporting that the investigation will be finalized and be forwarded to the Office of the Inspecting Judge on Monday 16.02.2015
DCS Investigation report
60. 13/3/14 2014/12/10 212955225 R-1096-2014
Voorberg Med B CC
Inmate Inmate was assaulted by Mr. T and W on 12-03-14. He has bruises on his left leg and right as well as on his back. He saw Doctor at hospital. Make criminal case
2014/12/10 Matter received and captured
DCS Investigation report
74
of assault against members. SAPS were called and statement was taken.
61. Not provided
2014/12/11 212828241 R-1097-2014
Hawequa CC Inmate The offender complaint that a member slab in the face and hit with a tonfa. The offender reports the matter to the HCC, but he did not get help. The offender wants to see the HCC. The offender did see the HCC. The HCC explained to the offender that he discuss the matter with the official. The official promise he will refrain from such behaviour and the offender was satisfied with the feedback.
2014/12/11 Matter received and captured
DCS Investigation report
62. Not provided
2014/12/11 210240654 R-1098-2014
Hawequa CC Inmate The offender complains that he and a fellow inmate had a fight and 2 members assaulted him. The offender defends himself and fight back with the offender. The other members threaten the offender because he fights back with the member. The offender request the HCC must intervene because he his life is in dangerous. The HCC must intervene in this matter and keep him safe in the correctional centre. The
2014/12/11 Matter received and captured
DCS Investigation report
75
HCC consult with the offender and the decided not to lay a criminal case against the two members.
63. 8/4/14 2014/12/11 213982167 R-1099-2014
Buffelsjagrivier CC
ICCV ICCV submitted a record of consultation in which he reported that on 08/04/2014 two officials visited the offender's cell and assaulted offender. The offender claims that one of the officials Mr. D and the other was a new official whom he does not know but he claims further that he would be able to identify him. Offender sustained 2 bruises on the back and the left leg. The remarks that are attributable to the HCC per the ICCV 's record of consultation is that the HCC phoned the SAPS to come to the centre and take the offender's statement but no indication is made whether the police did arrive and opened a case.
2014/12/11 Matter received and captured Letter written and faxed to HCC inviting feedback- diarized for 30/12/2014
29/12/2014 Email received from Acting HCC requesting an extension until 06/01/2015 since the Acting HCC has no knowledge of the complaint and he has requested the previous HCC to assist in providing the feedback. Email to Acting HCC confirming that request for extension granted.
06/01/2015 Feedback received from the Acting HCC reporting that Mr. M, then HCC telephonically verbally
DCS Investigation report
76
informed him(1) that both the HCC and the Unit manager were aware of the complaints of the offenders;(2) that the HCC appointed Mr. C to conduct an investigation after taking those who alleged to be injured for medical attention;(3) that the complaints were recorded in the G365 register on 2014/04/09;(4) that the incident was recorded as minimum force and it was authorized by the HCC but the incident was not reported to the Inspecting Judge;(5) that the offenders were assisted to open assault cases and the Investigating officer is ST, MAS 92/2014;(6) that no disciplinary action was taken against members implicated; and (7) that the copies of the diary of the HCC and G365; the G335 and G337 including the investigation report will be posted to your as soon as possible. The reason for posting the investigation
77
report is the thickness of the document and the confirmation that the affected offenders as mentioned in your report has been informed of the status of the investigation will be sent to you as soon as all of them have been located. All the affected offenders except one are out of prison. Some have finished their sentences while some are on parole.
64. 12/4/14 2014/12/11 208071984 R-1100-2014
Buffelsjagrivier CC
ICCV The ICCV submitted his record of consultation in which he reported that offender made a criminal case against official for assault on 12/04/2014. The SAPS did come to the centre to take the offender's statement but since then, nothing happened.
2014/12/11
Matter received and captured Letter written and faxed to HCC inviting feedback- diarized for 30/12/2014
29/12/2014 Email received from Acting HCC requesting an extension until 06/01/2015 since the Acting HCC has no knowledge of the complaint and he has requested the previous HCC to assist in providing
DCS Investigation report
78
the feedback. Email to Acting HCC confirming that request for extension granted. 06/01/2015 Feedback received from the Acting HCC reporting that Mr. M, then HCC telephonically verbally informed him(1) that both the HCC and the Unit manager were aware of the complaints of the offenders;(2) that the HCC appointed Mr. C to conduct an investigation after taking those who alleged to be injured for medical attention;(3) that the complaints were recorded in the G365 register on 2014/04/09;(4) that the incident was recorded as minimum force and it was authorized by the HCC but the incident was not reported to the Inspecting Judge;(5) that the offenders were assisted to open assault cases and the
79
Investigating officer is ST, MAS 92/2014;(6) that no disciplinary action was taken against members implicated; and (7) that the copies of the diary of the HCC and G365; the G335 and G337 including the investigation report will be posted to your as soon as possible. The reason for posting the investigation report is the thickness of the document and the confirmation that the affected offenders as mentioned in your report has been informed of the status of the investigation will be sent to you as soon as all of them have been located. All the affected offenders except one are out of prison. Some have finished their sentences while some are on parole.
65. 8/4/14 2014/12/11 212980750 R-1101-2014
Buffelsjagrivier CC
ICCV ICCV submitted a record of consultation in which he reported that on 08/04/2014 offender was assaulted by a black official whose name is unknown to offender but the
2014/12/11 Matter received and captured Letter written and faxed to HCC inviting feedback-
DCS Investigation report
80
offender claims that he can identify him. The offender sustained injuries to his face and left knee was bruised and swollen.
diarized for 30/12/2014
29/12/2014
Email received from Acting HCC requesting an extension until 06/01/2015 since the Acting HCC has no knowledge of the complaint and he has requested the previous HCC to assist in providing the feedback. Email to Acting HCC confirming that request for extension granted.
06/01/2015 Feedback received from the Acting HCC reporting that Mr. M, then HCC telephonically verbally informed him(1) that both the HCC and the Unit manager were aware of the complaints of the offenders;(2) that the HCC appointed Mr. C to conduct an investigation after taking those who alleged to be injured for medical attention;(3) that the
81
complaints were recorded in the G365 register on 2014/04/09;(4) that the incident was recorded as minimum force and it was authorized by the HCC but the incident was not reported to the Inspecting Judge;(5) that the offenders were assisted to open assault cases and the Investigating officer is SM, MAS 92/2014;(6) that no disciplinary action was taken against members implicated; and (7) that the copies of the diary of the HCC and G365; the G335 and G337 including the investigation report will be posted to your as soon as possible. The reason for posting the investigation report is the thickness of the document and the confirmation that the affected offenders as mentioned in your report has been informed of the status of the investigation will be sent to you as soon as all of them have been located. All the affected
82
offenders except one are out of prison. Some have finished their sentences while some are on parole.
66. Not provided
2014/12/11 212955142 R-1102-2014
Buffelsjagrivier CC
ICCV The ICCV submitted a record of consultation in which he reported that the offender was assaulted by official and sustained injuries to his left knee was swollen. The offender claims further that he was choked.
2014/12/11 Matter received and captured Letter written and faxed to HCC inviting feedback- diarized for 30/12/2014
29/12/2014
Email received from Acting HCC requesting an extension until 06/01/2015 since the Acting HCC has no knowledge of the complaint and he has requested the previous HCC to assist in providing the feedback. Email to Acting HCC confirming that request for extension granted.
06/01/2015
Feedback received from the Acting HCC reporting that Mr. M, then HCC
DCS Investigation report
83
telephonically verbally informed him(1) that both the HCC and the Unit manager were aware of the complaints of the offenders;(2) that the HCC appointed Mr. C to conduct an investigation after taking those who alleged to be injured for medical attention;(3) that the complaints were recorded in the G365 register on 2014/04/09;(4) that the incident was recorded as minimum force and it was authorized by the HCC but the incident was not reported to the Inspecting Judge;(5) that the offenders were assisted to open assault cases and the Investigating officer is ST, MAS 92/2014;(6) that no disciplinary action was taken against members implicated; and (7) that the copies of the diary of the HCC and G365; the G335 and G337 including the investigation report will be posted to your as soon as possible. The reason for
84
posting the investigation report is the thickness of the document and the confirmation that the affected offenders as mentioned in your report has been informed of the status of the investigation will be sent to you as soon as all of them have been located. All the affected offenders except one are out of prison. Some have finished their sentences while some are on parole.
67. 8/4/14 2014/12/11 213981912 R-1103-2014
Buffelsjagrivier CC
ICCV ICCV submitted a record of consultation in which he reported that the offender was assaulted by a black official who’s unknown to him on 08/04/2014 and the offender sustained injuries to his right which was swollen and his left back was also bruised.
2014/12/11
Matter received and captured
06/01/2015
Feedback received from the Acting HCC reporting that Mr. M, then HCC telephonically verbally informed him(1) that both the HCC and the Unit manager were aware of the complaints of the offenders;(2) that the HCC appointed Mr. C to conduct an investigation after taking those who alleged to be
DCS Investigation report
85
injured for medical attention;(3) that the complaints were recorded in the G365 register on 2014/04/09;(4) that the incident was recorded as minimum force and it was authorized by the HCC but the incident was not reported to the Inspecting Judge;(5) that the offenders were assisted to open assault cases and the Investigating officer is ST, MAS 92/2014;(6) that no disciplinary action was taken against members implicated; and (7) that the copies of the diary of the HCC and G365; the G335 and G337 including the investigation report will be posted to your as soon as possible. The reason for posting the investigation report is the thickness of the document and the confirmation that the affected offenders as mentioned in your report has been informed of the status of the investigation will be sent to you as soon
86
as all of them have been located. All the affected offenders except one are out of prison. Some have finished their sentences while some are on parole.
68. 22/4/14 2014/12/11 210240647 R-1104-2014
Drakenstein Med B CC
Inmate The inmate complains that he was been assaulted by an official at the abattoirs. HCC -interviewed the inmate who claims he was assaulted by official and verbally abuse-2014-04-22.That he refused to work due to bad treatment, incident referred to manager -investigation.
2014/12/11 Matter received and captured Feedback received from the Department 11/02/2015 reporting that the Offender SJ and Mr. L RM Investigation report handed over 2014/10/15 office of AC Corrections. More information was requested from the Area Commissioner – received from HOCC, now on table of AC Corrections.
DCS Investigation report
69. 25/11/14 2014/12/12 213338685 R-1105-2014
Knysna CC Inmate The offender phoned the JICS and complained that on 25/11/2014 he was brutally and inhumanely assaulted by correctional officials B, W and P, sustained serious injuries in the form of swollen face, painful ribs as they were
2014/12/12 Matter received and captured Telephone HCC informing of complaining and requesting matter be investigated. Email to HCC requesting investigation report.
DCS Investigation report
87
kicking him with booted feet/shoes and was further put in segregation for 12 days. The offender claims he had been involved in a fight with offender MB over a radio that belonged to none of them but to offender FS. The offender claimed further to have submitted a report to the HCC Mr. M but he is being disallowed opportunity to open a SAPS case against the officials.
2015/01/05 Follow-up email to HCC requesting report. Feedback diarized for 7/1/2015.
70. 25/11/14 2014/12/12 213338685 R-1106-2014
Knysna CC Inmate The offender phoned the JICS and complained that on 25/11/2014 he was brutally and inhumanely assaulted by correctional officials B, W and P, sustained serious injuries in the form of swollen face, painful ribs as they were kicking him with booted feet/shoes and was further put in segregation for 12 days. The offender claims he had been involved in a fight with offender MB over a radio that belonged to none of them but to offender FS. The offender claimed further to have submitted a
2014/12/12 Matter received and captured
DCS Investigation report
88
report to the HCC Mr. M but he is being disallowed opportunity to open a SAPS case against the officials.
71. Not provided
2014/12/17 213084285 R-1110-2014
De Aar CC Family The mother of the offender phoned reporting that the offender was assaulted by the DCS officials and was taken to the hospital afterwards but DCS refuses to allow him to open SAPS case as they say it was use of force as he wanted to stab an official and was prevented from doing so (No use of force was registered to the number of the offender with the JICS). The offender wants to open a case against the officials who assaulted him.
2014/12/17 Matter received and captured JICS system indicated that matter was reported as a use of force on 1/12/14 under F-385-2014. HCC investigation report attached.
Decision pending
None
72. Not provided
2014/12/17 209293271 R-1111-2014
Zonderwater Med B CC
Inmate The offender phoned the JICS and complained that he was assaulted by official known as K. According to the offender he was assaulted when he told the official that he cannot take a medication on an empty stomach as they opened the cells late to serve breakfast and then the official told him he does not care about
2014/12/17 Matter received and captured Email sent to HCC requesting his investigation report by 31/12/2014. 11/02/2015 Feedback received from the department reporting that Investigation concluded on
DCS Investigation report
89
his disease and she should rather speak to the baboons as he got his aids from the baboons. The offender claims to have raised the complaint with the HCC but Mr. M is keeping on promising to attend to his complaint but nothing is happening.
the 6th of February 2015. To be handed over on the 9th of February 2015 to ICCV.
73. 12/12/14 2014/12/18 210176663 R-1112-2014
Ncome Med B CC
Family M phoned the JICS complaining that his brother (the offender) was brutally assaulted by a Correctional Official Mr. MM on 12/12/2014 allegedly for being in possession of a cell phone which the offender disputes because it never was his nor was it found on his person but in the toilet. The offender allegedly sustained injuries and was taken to the Vryheid hospital and later brought back to the centre and is currently being held at the hospital section but his family was never notified nor is the offender being allowed to open a SAPS case. According to the caller the family learned of the
2014/12/18 Matter received and captured
DCS Investigation report
90
incident only when the offender phoned them and the family sought to come see him or visit him but were disallowed. The family of the offender requests JICS’s intervention. The HCC was cell phonically contacted and he disputes much of the allegations of the complainant that the family was disallowed the possibility to see the offender. The HCC confirmed that the family will be allowed to visit and see the offender and that they should first ensure to phone his so that he can grant the necessary authority. The HCC further confirmed that the family may see the offender even today the 18/12/2014 and as well as during the weekend. Furthermore the HCC indicated that he is currently not at the centre and will only be in during Thursday of the 23/12/2014.
74. 18/12/14 2014/12/19 211330569 R-1113-2014
Klerksdorp CC Inmate The offender phoned the JICS and reported that he was instructed to open his
2014/12/19 Matter received and captured
DCS Investigation report
91
legs by official DV and was kicked on his private parts during the search operations that were conducted on 18/12/2014. The offender alleged further that it was not the first time he was assaulted by the said official as he did assault him during August 2014 at the F unit and he opened a SAPS CAS 8/08/2014 but to date he does not know what became of the complaint. He is now feeling pain as he was refused medical treatment and also refused opportunity to open a SAPS case.
Telephone the Centre and spoke to official B in the absence of the HCC. Mr. Bester undertook to immediately look into the matter and to go to the Kitchen unit to see the offender. Letter to HCC requesting investigation report. Diarized 30/12/2014. 11/02/2015 Feedback received from the department reporting that a detailed investigation report is available
75. 27/12/14 2014/12/29 205292020 R-1124-2014
Boksburg Inmate Offender phoned the JICS and complained that he was assaulted by officials N and DB who were conducting a search in his single cell on 27/12/2014. The offender claims to have objected to the manner in which the strip search on his person was conducted as a person who is suffering from cancer; HIV and many other complications he demanded that the official should apply
2014/12/29 Matter received and captured Email to HCC requesting feedback, responses and comments. Further request investigation report on or before 19/01/2015.
DCS Investigation report
92
the necessary devices but they refused and instead assaulted him. He sustained injuries and received medical treatment, had opportunity to report to the HCC who instructed that a full investigation be undertaken, SAPS were called and he was allowed opportunity to open a case. The HCC as reported by offender had commissioned a full investigation into the accident. The Investigation report to be made available to the JICS at the end thereof. The offender was advised to seek the assistance of the ICCV as soon as operation Vala ceases.
93
OBJECTIVE 1: MANDATORY
DEATHS
Twenty (20) deaths from unnatural causes were reported for the quarter comprising 03 incidents of suicide by hanging (Item 5, 11 and 12), 4 incidents arising
from assaults (item 8, 13, 15 and 20) 01 incident relating to smoke inhalation (item 10) and 12 deaths where the cause is unknown
(item1;2;3;4;6;7,9,14,16,17,18 and 19 ).
4. Description of deaths arising from unnatural causes
Unnatural Deaths
Date of
Death
Date
reported
Inmate’s
name /
Registration
no / Case no’s
Name of CC Classification Brief description of alleged
circumstances
Outstanding
documents
4.1 05/10/2014 06/10/2014 LB
214278750
28 year old
male
Remand
Detainee
D – 502 –
2014
Pollsmoor
Max
ICCV
Ms Stuurman
Unnatural – Other
It was reported that inmate died in the prison hospital on the 05/10/2014 Letter sent to HCC requesting incident and preliminary report, a copy of the DCS internal investigation report and the post mortem report. The matter is still pending.
DCS Investigation Report
Post mortem report
Death certificate
ICCV preliminary report
4.2 10/10/2014 03/10/2014 RM
204385259
54 year old
male
Kutama-
Sinthumule
ICCV
Unnatural – Other
It was reported that inmate has been under medical treatment since being admitted to the centre in 2005.Inmate alleged to have been assaulted by DCS
DCS investigation report
Post mortem
94
Sentenced
D – 507 –
2014
Mr.
Netshivhulana
officials during a labour unrest on 19 September 2014 at the centre; he was admitted at Kutama Sinthumule health care and later transferred to Polokwane Hospital where he died on 03/10/2014. We wrote to HCC and subsequently received the incident report, SAPS case number, death notice and death certificate. We are awaiting the full DCS investigation report containing the post mortem. The matter is still pending.
report
ICCV preliminary report
4.3 14/10/2014 16/10/2014 TF
208392114
33 year old
male
Sentenced
D – 521 –
2014
Rooigrond
Med A
ICCV
Mrs
Mokoroane
Unnatural – Other
It was reported that inmate was taken to the public hospital on 14/10/2014 where he was certified dead by the doctor. The matter is still pending.
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.4 18/10/2014 20/10/2014 ZM
93491379
52 year old
male
Sentenced
D – 524 –
2014
Voorberg
Med B
ICCV
Mr. Fouche
Unnatural – Unknown
It was reported that the inmate was found dead on 18/10/2014. At the time of reporting, the cause of death was unknown. The medico-legal post mortem examination revealed that inmate died of natural causes, undiagnosed coronary artery disease. We regard this matter finalized.
4.5 21/10/2014 21/10/2014 TM
210357016
Johannesburg
Med C
Unnatural – Suicide
It was reported that during unlock on 21/10/2014 it was discovered that
DCS investigation
95
40 year old
male
Sentenced
D – 530– 2014
D – 531 –
2014
(duplicate)
ICCV
Mrs Masilo
hanging
inmate has committed suicide by hanging himself on the grill door in the special care section cell. The matter is still pending.
report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.6 25/10/2014 31/10/2014 ZZ
212414492
23 year old
male
Sentenced
D – 546– 2014
Barberton
Town
ICCV
Mr. Mthombo
Unnatural – Unknown
It was reported that inmate died as a result of a fire in his cell on 25/10/2014. The matter is still pending. 11/02/2015 Feedback received from the department reporting that the investigation was conducted by Regional Office
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.7 27/10/2014 31/10/2014 WM
213811999
21 year old
male
Sentenced
D – 546– 2014
Barberton
Town
ICCV
Mr. Mthombo
Unnatural – Unknown
It was reported that a fire broke out in his cell on 25/10/2014; inmate was declared dead at the Nelspruit General Hospital on 27/10/2014. 11/02/2015 Feedback received from the department reporting that the investigation was conducted by Regional Office
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.8 04/11/2014 06/11/2014 AM
213595499
45 year old
Polokwane
ICCV
Unnatural – Assault
It was reported that inmate was allegedly stabbed by a fellow inmate and died at Polokwane hospital on 4
DCS Investigation Report
96
male
Remand
Detainee
D – 556 –
2014
Mr. Malatji
November 2014. Letter sent to HCC requesting incident and preliminary report, a copy of the DCS internal investigation report and the post mortem report. The matter is still pending.
4.9 10/11/2014 10/11/2014 QM
213978993
34 year old
male
Sentenced
D – 562 –
2014
Brandvlei
Max
ICCV
Ms Spondo
Unnatural – Unknown
It was reported that inmate died in his cell on 10 November 2014, the cause of death is unknown. The matter is still pending.
DCS investigation report
Post mortem report
ICCV preliminary report
4.10 11/11/2014 11/11/2014 DP
214485908
21 year old
male
Sentenced
D – 564 –
2014
Obiqua
ICCV
Mr. Kambi
Unnatural – Smoke inhalation
It was reported that inmate died on 11 November 2014 after inhaling smoke caused by a fire in the single cells. Letter sent to HCC requesting incident and preliminary report, a copy of the DCS internal investigation report and the post mortem report. The matter is still pending.
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.11 12/11/2014 14/11/2014 TM
212958600
27 year old
male
Sentenced
D – 568 –
2014
Kgoši
Mampuru II
ICCV
Mr. Fouche
Unnatural – Suicide Hanging
It was reported that the inmate was referred to the local hospital for psychological observation and treatment. He hung himself with a sheet on top of the door grill on 12 November 2014. The matter is still pending.
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
97
Incident report G 362/ BI 1663
4.12 12/11/2014 14/11/2014 BN
213912499
30 year old
male
Remand
Detainee
D – 570– 2014
Johannesburg
Med A
ICCV
Ms Lesele
Unnatural – Suicide hanging
It was reported that inmate died as a result of suicide hanging. The matter is still pending.
DCS investigation report
Post mortem report
4.13 12/11/2014 14/11/2014 TK
214230321
24 year old
male
Remand
Detainee
D – 571– 2014
Grootvlei
Max
ICCV
Mr. Moduka
Unnatural – Assault
It was reported that inmate was assaulted and died as a result on 12 November 2014. The matter is still pending.
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.14
18/11/2014 20/11/2014 JPS
213073735
35 year old
male
Sentenced
D – 579– 2014
Helderstroom
Med
ICCV
Mr. Arendse
Unnatural – Unknown
It was reported that inmate was exercising on the sport ground with fellow inmates when he fainted and later died. The matter is still pending.
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report G 362/ BI 1663
4.15 20/11/2014 21/11/2014 MM
212290697
Baviaanspoort
Med
Unnatural – Assault
It was reported that inmate was transferred from Zonderwater to
DCS investigation
98
40 year old
male
Sentenced
D – 582 –
2014
ICCV
Ms Shongwe
Baviaanspoort on 20 November 2014, where he was stabbed and died as a result. The matter is still pending
report
Post mortem report
Death certificate
ICCV preliminary report
Incident report
G 362/ BI 1663
4.16 27/11/2014 27/11/2014 SS
214508666
51 year old
male
Remand
Detainee
D – 591 –
2014
East London
Med B
ICCV
Ms Ndinisa
Unnatural - Unknown
It was reported that inmate collapsed in the bathroom and died on 27 November 2014 at 6:50 am. The matter is still pending 13/02/2015 Feedback received from the department reporting that the documents will be sent to the office of the Inspection Judge
DCS investigation report
Post mortem report
Death certificate
ICCV preliminary report
Incident report
G 362/ BI 1663
4.17 24/11/2014 03/12/2014 EK
211138448
30 year old
male
Sentenced
D – 598 –
2014
Ncome Med B
ICCV
Ms Khanyile
Unnatural – Other
It was reported that inmate complained of abdominal pain, headache and diarrhoea, He died on 24 November 2014 while being attended to at the local clinic. Letter sent to HCC requesting incident and preliminary report, a copy of the DCS internal investigation report and the post mortem report. The matter is still pending.
DCS Investigation Report
Post mortem report
Death certificate
ICCV preliminary report
Incident report
G 362/ BI 1663
4.18 11/12/2014 11/12/2014 APD
212719634
44 year old
Goodwood
ICCV
Unnatural – Unknown
It was reported that inmate was admitted in Tygerberg hospital on 4 December 2014 for surgery the
DCS investigation report
99
male
Sentenced
D – 611 –
2014
Ms Spondo following day. On 10 December 2014 his condition became critical and he was admitted at ICU, he passed away in the early morning hours of 11 December 2014. The matter is still pending.
Post mortem report
ICCV preliminary report
Incident report G 362/ BI 1663
4.19 25/12/2014 25/12/2014 ZM
202667857
28 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
Unnatural – Other
It was reported that inmate whilst playing soccer, collapsed on the soccer field. He was rushed to hospital but died en route. Letter to HCC requesting incident and preliminary report, a copy of the DCS internal investigation report and the post mortem report. The matter is still pending
investigation report
Post mortem report
ICCV preliminary report
Incident report
G 362/ BI 1663
4.20 25/12/2014 28/012/2014 EK
213292786
53 year old
male
Sentenced
Mangaung
ICCV
Ms Kraai
Unnatural – Assault
It was reported that inmate was found motionless on the floor inside his cell; he allegedly fought with another inmate which resulted in his death. Letter to HCC requesting incident and preliminary report, a copy of the DCS internal investigation report and the post mortem report. The matter is still pending
investigation report
Post mortem report
ICCV preliminary report
Incident report
G 362/ BI 1663
Vulnerable deaths
The Inspectorate also monitors vulnerable deaths. Vulnerable deaths are deaths of females, juveniles, children and babies. We received no report of vulnerable
deaths.
100
Natural Deaths
For the quarter October – December 2014, (123) deaths arising from natural causes were reported by the Department. The highest number of deaths recorded
was Natural Causes other with fifty –four (54). GP had the highest number of deaths with thirty-three (33) and the WC recorded the lowest number of natural
deaths with four (04). There are documents outstanding as these are usually submitted by the Regions who are afforded a period of sixty (60) days within which
to submit them.
101
5. Overview of natural deaths
Natural Deaths
Categories DCS REGIONS
EC GP KZ
N
LM
N
NC W
C
TOTAL
Aids 1 5 2 1 9
Air passage
obstruction
0 1 0 0 0 0 1
Anaemia 0 0 0 1 0 0 1
Aneurism 0 0 0 1 0 0 1
Bronchiactesis 0 0 0 0 1 0 1
Carcinoma (cancer) 0 0 0 1 0 1 2
Cardiac failure 1 1 0 1 1 0 4
Cardiovascular
circumstances
1 0 0 1 1 1 4
Dehydration 0 0 0 0 1 0 1
Diabetes 0 0 0 1 0 0 1
Heart defects 1 0 1 1 0 0 3
Hepatitis B 0 1 0 0 0 0 1
Hypertension 0 0 0 1 0 0 1
Kidney failure 0 3 0 0 1 0 4
Meningitis 1 1 2 0 0 0 4
Natural causes other 12 12 18 7 3 2 54
Obstruction 0 1 0 0 0 0 1
Pneumonia 0 0 1 1 4 0 6
Pulmonary 0 4 1 0 2 0 7
Respiratory Causes
Other
0 2 1 1 0 0 4
Respiratory Failure 1 1 0 0 0 0 2
Tuberculosis 3 1 3 3 1 0 11
Total 21 33 29 21 15 4 123
SEGREGATIONS
Three thousand forty-two (3042) segregations were reported for the quarter October – December 2014.
Segregations in terms of section 30(1) (a) were the highest with 978 and the lowest being in terms of section
30(1) (e) with 22. The Western Cape region had the highest number of reporting with 878 and the lowest
102
was Gauteng region which recorded 115 for the quarter. The Inspectorate received 03 appeals in terms of
section 30(7) of the Correctional Services Act 111 of 1998.
6. Overview of segregations
CATEGORI
ES
SEGREG
ATIONS
EC FS/N
C
GP KZN LMN WC TOTAL APPEAL
FINALISED
S30(1)(a) 191 60 24 141 149 413 978
0 0
S30(1)(b)
23 365 44 75 198 236 941
0 0
S30(1)(c)
77 9 2 47 34 63 232
0 0
S30(1)(d)
85 139 41 137 223 133 758
1
1
S30(1)(e)
10 1 0 2 8 1 22
2
2
S30(1)(f) 11 10 4 40 14 32 111
TOTAL 397 584 115 442 626 878 3042 3
3
103
7. Segregation Appeals FS/NC
FS/NC Region
No. Case
Number
Inmate’s
name
/
registration
no
Correctional
Centre
Brief description of alleged circumstances
7.1 G-8154-
2014
JM
210680505
Sentenced
Groenpunt
Max
ICCV Mr.
Malgas
On 22/10/2014 inmate lodged his application for appeal in terms of section 30(7) of CSA 111 of 1998 as he was segregated in terms of section 30 (1) (e). On 03/11/2014 we transmitted our recommendation to head of centre; we recommended that the appeal be upheld as the department failed to comply with policy as set out in sections 30 (1) (b) and 30(2) of Act 111 of 1998.
7.2 G-8157-
2014
TM
212679482
Sentenced
Groenpunt
Max
ICCV Mr.
Malgas
On 22/10/2014 inmate lodged his application for appeal in terms of section 30(7) of CSA 111 of 1998 as he was segregated in terms of section 30 (1) (e). On 03/11/2014 we transmitted our recommendation to head of centre; we recommended that the appeal be upheld as the department failed to comply with policy as set out in sections 30 (1) (b) and 30(2) of Act 111 of 1998.
104
8. Segregation Appeals WC
WC Region
No. Case
Number
Inmate’s
name
/
registration
no
Correctional
Centre
Brief description of alleged circumstances
8.1 G-8152-
2014
NK
214075362
Sentenced
Calvinia
ICCV Ms Nel
On 22/10/2014 inmate lodged his application for appeal in terms of section 30(7) of CSA 111 of 1998 as he was segregated in terms of section 30 (1) (d). On 31/10/2014 we transmitted our recommendation to the head of centre (HCC), as the HCC has not responded to our communication at the time of drafting the recommendation, we conveyed the following: The segregation to be dismissed, subject to the department’s compliance with section 30(1) and (2) of Act 111 of 1998; segregation should be for a minimum period.
9. Overview of the categories of mechanical restraints
MECHANICAL RESTRAINTS
CATEGORIES DCS REGION
EC NC/FS GP KZN LMN WC TOTAL
S31(1) East London – 1 St Albans Med B – 1 St Albans Max – 1
Groenpunt Med – 1 Grootvlei Max – 3
Atteridgeville – 3 Baviaanspoort Max – 6 Baviaanspoort Med – 9 Boksburg – 6 Emthonjeni – 5 Jhb Med A – 8
Durban Med A - 1 Ncome Med A – 1 Ncome Med B – 3 Vryheid – 1 Kokstad Med
Losperfontein – 1 Mogwase – 1 Zeerust – 3 Witbank - 1
Brandvlei Juvenile – 3* Drakenstein Max – 1 Drakenstein Med A – 1 Brandvlei Max – 1 Voorberg - 1
105
Jhb Med B – 2 Jhb Med C – 1 Kgoši Mampuru II local – 12 Kgoši Mampuru II central – 4 Leeuwkop Max – 1 Nigel Male –5 Zonderwater Med B – 1
– 2
TOTAL 3 4 63 8 5 7 90
*Kindly take note that the mandatory unit usually provides a brief description on the mechanical restraints of juveniles. All mechanical restraints are reported to the Inspectorate. For the month, the Inspectorate received three (3) incidents for the uses of mechanical restraints on Juveniles.
10. Mechanical restraint of juveniles
No Case
Number
Inmate’s name /
registration no
Correctional
Centre
Brief description of alleged circumstances Documents
outstanding
10.1 M-200-
2014
JO
214814720
Sentenced
Brandvlei
Juvenile
ICCV Ms
Spondo
It was reported that the inmate was mechanically restraint in terms of section 31 of CSA 111 of 1998 in an attempt to prevent damage to state property.
ICCV and HCC
feedback
10.2 M-201-
2014
SP
214843030
Sentenced
Brandvlei
Juvenile
ICCV Ms
Spondo
It was reported that the inmate was mechanically restraint in terms of section 31 of CSA 111 of 1998 for the safety of inmate.
ICCV and HCC
feedback
10. 3 Brandvlei
Juvenile
ICCV Ms
It was reported that the inmate was mechanically restraint in terms of section 31 of CSA 111 of 1998 in an attempt to prevent damage to state property.
ICCV and HCC
feedback
106
Spondo
11. Categories of use of force
USE OF FORCE
CATEGORIES DCS REGION
EC FS/NC GP KZN LMN WC TOTAL
S32(1)(c)(i) – self defence 3 4 8 6 1 11 33
S32(1)(c)(ii) – defence of any other
person
1 6 24 24 11 13 79
S32(1)(c)(iii) – preventing an
inmate from escaping
1 0 0 0 0 0 1
S32(1)(c)(iv) – protection of
property
2 1 2 0 1 0 6
TOTAL 7 11 34 30 13 24 119
12. Use of Force: EC
EC Region
No. Case Inmate’s Correctional Brief description of alleged circumstances Outstanding
107
No. name/
registration
no
Centre documents
12.1
F-323-
2014
AN
209704581
Remand
detainee
St Albans Med
A
ICCV
Ms Mafanya
It was reported that force was used by officials for self defence.
DCS investigation report
12.2
F-330-
2014
ML
211675305
Sentenced
East London
Med A
ICCV
Ms Tini
It was reported that force was used by officials for self defence. 13/02/2015 Feedback received from the department reporting that the investigation reported was sent to the office of the Inspecting Judge report
12.3 F-367-
2014
VS
211408334
27 year old
male
Sentenced
East London
Med A
ICCV Ms Tini
It was reported that force was used in order to protect another person.
DCS investigation report
12.4 F-397-
2014
LAG
212418712
29 year old
male
Sentenced
East London
Med A
ICCV
Mrs Mfuko
It was reported that force was used in self defence. DCS investigation report ICCV preliminary report
12.5 F-398-
2014
ZQ
212659281
23 year old
male
Remand
detainee
Queenstown
ICCV
Ms Wana
It was reported that minimum force was used to relocate inmate to another cell.
DCS investigation report ICCV preliminary report
12.6 F-402-
2014
MK
208215393
32 year old
male
Sentenced
Umtata
Maximum
ICCV
Mr. Malgas
It was reported that use of teargas was authorised in order to stop inmates from damaging state property and setting the cell alight.
DCS investigation report ICCV preliminary report
108
12.7 F-405-
2014
NB
211737008
40 year old
male
Sentenced
East London
Med A
ICCV
Ms Tini
It was reported that force was used to prevent inmate from escaping.
DCS investigation report ICCV preliminary report
13. Use of Force: FS/NC
Free State/ Northern Cape Region
No. Case
No.
Inmate’s
name/
registration
no
Correctional
Centre
Brief description of alleged circumstances Outstanding
documents
13.1
F-317-
2014
EJ
213201556
Sentenced
Tswelopele
ICCV:
Mr.
Ramapaeana
It was reported that force was used by officials for self defence; inmate sustained bruises on the shoulder and a scar on the head.
DCS investigation report ICCV preliminary report
13.2
F-325-
2014
VW
211227875
Sentenced
Grootvlei Max
ICCV:
Mr. Moduka
It was reported that force was used by officials for the protection of state property.
DCS investigation report ICCV preliminary report
13.3
F-347-
2014
MP
210583533
37 year old
male
Sentenced
Mangaung
ICCV:
Mr. Leeto
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
13.4
F-348-
2014
AM
203240469
28 year old
male
Mangaung
ICCV:
Mr. Leeto
It was reported that force was used to control and restraint inmate in the defence of another.
DCS investigation report ICCV preliminary report
109
Sentenced
13.5
F-354-
2014
TEM
214225545
21 year old
male
Remand
detainee
Grootvlei Max
ICCV:
Ms Moduka
It was reported that force was used by officials in the defence of another person as inmate refused to co-operate and fought with officials.
DCS investigation report ICCV preliminary report
13.6
F-355-
2014
LC
214230416
25 year old
male
Remand
detainee
Grootvlei Max
ICCV:
Mr Moduka
It was reported that force was used by officials in the defence of another person as inmate refused to co-operate and fought with officials.
DCS investigation report ICCV preliminary report
13.7
F-356-
2014
MM
210290101
26 year old
male
Remand
detainee
Grootvlei Max
ICCV:
Mrs Moduka
It was reported that force was used by officials in the defence of another person as inmate refused to co-operate and fought with officials.
DCS investigation report ICCV preliminary report
13.8
F-385-
2014
EW
213084285
30 year old
male
Sentenced
De Aar
No ICCV,
requested
VCCO Mr
Kaba to assist
It was reported that minimum force was used by officials in the defence of another person as inmates was extremely aggressive and also attacked officials.
DCS investigation report VCCO preliminary report
13.9
F-404-
2014
VV
213226278
24 year old
male
Remand
detainee
Grootvlei Max
ICCV
Ms Malangabi
It was reported that force was used in self defence.
DCS investigation report ICCV preliminary report
110
13.10
F-409-
2014
MF
210201174
28 year old
male
Sentenced
Mangaung
ICCV
Mr Leeto
It was reported that force was used in self defence.
DCS investigation report ICCV preliminary report
13.11
F-410-
2014
TS
212294480
33 year old
male
Sentenced
Mangaung
ICCV
Mr Leeto
It was reported that force was used in self defence.
DCS investigation report ICCV preliminary report
14. Use of Force: GP
Gauteng Region
No. Case No Inmate’s
name/
registration
no
Correctional
Centre
Brief description of alleged circumstances Outstanding
documents
14.1
F-302-
2014
ES
214353034
Remand
Detainee
Krugersdorp
ICCV:
Ms Nonjola
It was reported that force was used by officials for defence of another person; inmate sustained a cut on the head.
DCS investigation report ICCV preliminary report
14.2
F-308-
2014
MZ
213931595
Remand
Detainee
Johannesburg
Med A
ICCV:
Ms Sedumedi
It was reported that force was used by officials for self defence as inmate resisted going into his cell and became aggressive.
DCS investigation report ICCV preliminary report
14.3
F-309-
2014
OU
210429842
Sentenced
Modderbee
ICCV: Ms Masa
It was reported that force was used by officials for self defence.
DCS investigation report ICCV preliminary report
111
14.4
F-314-
2014
SM
212292646
Sentenced
Leeuwkop
ICCV:
Mrs Bahlekazi
It was reported that necessary force was used by officials for defence of another person; inmate sustained bruises to the body.
DCS investigation report ICCV preliminary report
14.5
F-316-
2014
ED
210290101
Sentenced
Leeuwkop Med
A
ICCV:
Mr Bahlekazi
It was reported that force was used by officials for self defence as inmate became aggressive, abusive, hurling insults and starting to attack officials.
DCS investigation report ICCV preliminary report
14.6
F-318-
2014
BM
210353483
Sentenced
Leeuwkop Med
A
ICCV:
Mr Bahlekazi
It was reported that force was used by officials for self defence as inmate was aggressive and threatens to gouge official’s eye and he started kicking officials.
DCS investigation report ICCV preliminary report
14.7
F-319-
2014
207026428
Sentenced
Boksburg
ICCV:
Mr Nkabinde
It was reported that force was used by officials for self defence.
DCS investigation report ICCV preliminary report
14.8
F-324-
2014
OM
214957886
Sentenced
Kgoši Mampuru
II
ICCV Mrs
Mathe
It was reported that necessary force was used by officials for defence of another person; a neutralizer was used in which inmate suffered temporary blindness (40 seconds).
DCS investigation report ICCV preliminary report
14.9
F-326-
2014
NN
213291861
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that minimum force was used by officials for defence of another person; inmate sustained left tissue injuries on both arm and back.
DCS investigation report ICCV preliminary report
14.10
F-327-
2014
FS
213291851
Sentenced
Baviaanspoort
Med
It was reported that minimum force was used by officials for defence of another person; inmate sustained pain to his body.
DCS investigation report ICCV preliminary report
112
ICCV
Ms Shongwe
14.11
F-328-
2014
LD
213290037
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that minimum force was used by officials for defence of another person; inmate sustained soft tissue injuries on the left arm and laceration on the forehead.
DCS investigation report ICCV preliminary report
14.12
F-329-
2014
PM
213293971
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that minimum force was used by officials for defence of another person; inmate sustained soft tissue injuries on the head and to his right arm.
DCS investigation report ICCV preliminary report
14.13
F-333-
2014
CA
210401049
Sentenced
Kgoši Mampuru
II
ICCV
Ms Mathe
It was reported that force was used by officials for defence of another person; inmate was aggressive and starting making a scene.
DCS investigation report ICCV preliminary report
14.14
F-334-
2014
MD
211292897
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that minimum force was used by officials for defence of another person; inmate sustained a cut on the chin, swelling on the arm and the left hand.
DCS investigation report ICCV preliminary report
14.15
F-335-
2014
SM
212289384
Sentenced
Baviaanspoort
Max
ICCV
Ms Shongwe
It was reported that minimum force was used by officials for defence of another person; inmate sustained swelling on the left hand.
DCS investigation report ICCV preliminary report
14.16
F-336-
2014
SC
214290738
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that minimum force was used by officials for defence of another person; inmate sustained swelling on the left side of the ribs and bruises on the leg.
DCS investigation report ICCV preliminary report
14.17 F-337- VJ KGOSI It was reported that force was used by DCS investigation
113
2014 208292072
Sentenced
Mampuru II
ICCV
Ms Mathe
officials for self defence. report ICCV preliminary report
14.18
F-349-
2014
TMP
212433904
25 year old
male
Sentenced
Modderbee
ICCV
Mr. Radebe
It was reported that force was used by officials for self defence; he sustained a fractured right hand and leg and lacerations on the head.
DCS investigation report ICCV preliminary report
14.19
F-352-
2014
NN
212355991
25 year old
male
Remand
detainee
Krugersdorp
ICCV
Ms Nonjola
It was reported that minimum force was used by officials for defence of another person in retrieving undesirable objects from the inmate.
DCS investigation report ICCV preliminary report
14.20
F-368-
2014
JN
213353815
21 year old
male
Sentenced
Leeuwkop Med
A
ICCV
Mrs Bahlekazi
It was reported that force was used by officials for defence of another person; inmate was taken to hospital for medical care.
DCS investigation report ICCV preliminary report
14.21
F-369-
2014
ST
209290386
22 year old
male
Sentenced
Leeuwkop Med
A
ICCV
Mrs Bahlekazi
It was reported that force was used by officials for defence of another person.
DCS investigation report ICCV preliminary report
14.22
F-370-
2014
DBS
212481147
52 year old
male
Remand
detainee
Nigel Male
ICCV
Mr. Ndungane
It was reported that force was used by officials for defence of another person as inmate refused to be escorted from the hospital to his cell.
DCS investigation report ICCV preliminary report
14.23
F-374-
2014
DMM
209385081
30 years old
Baviaanspoort
Med
ICCV
It was reported that force was used by officials for the defence of another person.
DCS investigation report ICCV preliminary report
114
male
Sentenced
Ms Shongwe
14.24
F-375-
2014
SZ
207294682
28 years old
male
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that force was used by officials for the defence of another person.
DCS investigation report ICCV preliminary report
14.25
F-376-
2014
NN
21329186
24 years old
male
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that force was used by officials for the defence of another person; inmate sustained a cut the head and multiple bruises on the arm.
DCS investigation report ICCV preliminary report
14.26
F-377-
2014
SJ
212352426
31 years old
male
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that force was used by officials for the defence of another person. Inmate sustained general body pain and no swelling was visible.
DCS investigation report ICCV preliminary report
14.27
F-378-
2014
FS
213291851
22 years old
male
Sentenced
Baviaanspoort
Med
ICCV
Ms Shongwe
It was reported that force was used by officials for the defence of another person. Inmate had a wound on his leg, swelling on the right hand and his left hand had bruising.
DCS investigation report ICCV preliminary report
14.28
F-379-
2014
SM
214292038
26 year old
male
Sentenced
Leeuwkop Max
ICCV
Mrs Monokoane
It was reported that force was used by officials for the defence of another person.
DCS investigation report ICCV preliminary report
14.29
F-386-
2014
SS
208289779
48 year old
male
Zonderwater
Med A
ICCV
Ms Ratlagana
It was reported that force was used by officials in order to protect state property as inmate was displaying arrogance and aggressiveness, fighting with inmates and officials. 11/02/2015 Feedback received from the department reporting that a disciplinary
DCS investigation report ICCV preliminary report
115
hearing was handled on 2014.12.08 where offender SS 208289779 pleaded guilty on the charges laid against him. He also decided not to lay charges against the official whom he previously alleged assaulted him. A sanction was passed where 20 days which was suspended for six months taken as a corrective measure. He was also referred to the psychologist as a recommendation since he is regarded a psychiatric patient. The ICCV was made aware and a segregation report was attached to his institutional file including the minutes of the disciplinary hearing. It is therefore regarded as finalized.
14.30
F-392-
2014
F-394-
2014
NS
214927106
28 year old
male
Remand
detainee
Johannesburg
Med A
ICCV
Mr. Bahlekazi
It was reported that force was used by officials in the defence of another person.
DCS investigation report ICCV preliminary report
14.31
F-393-
2014
AD
213928379
31 year old
male
Remand
detainee
Johannesburg
Med A
ICCV
Mr. Bahlekazi
It was reported that minimum force was used by officials for defence of another.
DCS investigation report ICCV preliminary report
14.32
F-403-
2014
JB
203638012
30 year old
male
Sentenced
Baviaanspoort
Max
ICCV
Mr. Bahlekazi
It was reported that minimum force was used by officials in order to protect state property.
DCS investigation report ICCV preliminary report
14.33
F-406-
2014
LP
213933129
19 year old
male
Johannesburg
Med A
ICCV
Mrs Sibeko
It was reported that minimum force was used by officials for defence of another.
DCS investigation report ICCV preliminary report
116
Remand
detainee
14.34
F-411-
2014
GM
234828
56 year old
male
Sentenced
Modderbee
ICCV
Mrs Masa
It was reported that force was used in self defence.
DCS investigation report ICCV preliminary report
15. Use of Force: KZN
KwaZulu Natal Region
No. Case No. Inmate’s
name/
registration
no
Correctional
Centre
Brief description of alleged circumstances Outstanding
documents
15.1
F-294-2014 BN
208774940
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person; he sustained minor injuries
DCS investigation report ICCV preliminary report
15.2
F-295-2014 BM
206141253
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person; he sustained minor injuries
DCS investigation report ICCV preliminary report
15.3
F-296-2014 MM
211822417
Sentenced
Ncome Med A
ICCV
Ms Mzila
It was reported that force was used by officials for defence of another person; inmate sustained injuries to his head and a cut on the left arm.
DCS investigation report ICCV preliminary report
15.4
F-298-2014 SH
210139323
Waterval Med
A
It was reported that force was used by officials for defence of another person; he sustained minor
DCS investigation report
117
Sentenced
ICCV
Ms Msibi
injuries ICCV preliminary report
15.5
F-299-2014 NM
210140179
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person; he sustained minor injuries
DCS investigation report ICCV preliminary report
15.6
F-300-2014 TD
214850323
Sentenced
Empangeni
ICCV
Ms Ngwenya
It was reported that force was used by officials for self defence.
DCS investigation report ICCV preliminary report
15.7
F-301-2014 SN
210608101
Sentenced
Port Shepstone
ICCV
Mr. Erasmus
It was reported that force was used by officials for self defence.
DCS investigation report ICCV preliminary report
15.8
F-303-2014 SN
209155516
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person.
DCS investigation report ICCV preliminary report
15.9
F-303-2014 MM
208477638
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person; inmate sustained bruises.
DCS investigation report ICCV preliminary report
15.10
F-305-2014 MP
212608007
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person; inmate sustained bruises.
DCS investigation report ICCV preliminary report
15.11
F-306-2014 SM
210139039
Sentenced
Waterval Med
A
It was reported that force was used by officials for defence of another person; inmate sustained bruises.
DCS investigation report ICCV preliminary report
118
ICCV
Ms Msibi
15.12
F-331-2014 TM
205139259
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials for defence of another person; inmate sustained a sprained ankle.
DCS investigation report ICCV preliminary report
15.13
F-338-2014 MM
200449201
36 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.14
F-339-2014
F-340-2014
SM
207140506
26 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.15
F-342-2014 SDM
214139204
29 year old
male
Sentenced
Durban Med C
ICCV
Mr. Mvubu
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.16
F-343-2014 SWD
213155860
29 year old
male
Sentenced
Durban Med C
ICCV
Mr. Mvubu
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.17
F-344-2014 BKM
213140506
32 years old
male
Sentenced
Durban Med C
ICCV
Mr. Mvubu
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
F-345-2014 NN
214138248
Durban Med C
ICCV
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary
119
15.18 26 years old
male
Sentenced
Mr. Mvubu report
15.19
F-346-2014 SH
213139157
23 year old
male
Sentenced
Durban Med C
ICCV
Mr. Mvubu
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.20
F-373-2014 ARN
213156017
25 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.21
F-380-2014 MN
209140261
34 year old
male
Sentenced
Sevontein
ICCV
Ms Zondi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.22
F-381-2014 MJK
211477448
30 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.23
F-382-2014 TYN
209477341
27 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
15.24
F-383-2014 SS
213155421
33 year old
male
Sentenced
Sevontein
ICCV
Ms Zondi
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
F-384-2014 TM Sevontein It was reported that force was used by officials in DCS investigation
120
15.25 212140626
28 year old
male
Sentenced
ICCV
Ms Zondi
defence of another. report ICCV preliminary report
15.26
F-387-2014 TM
208476884
30 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
15.27
F-388-2014 VM
213831526
31 year old
male
Sentenced
Waterval Med
A
ICCV
Ms Msibi
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
15.28
F-390-2014 TN
213155521
38 year old
male
Sentenced
Empangeni
ICCV
Ms Ngwenya
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
15.29
F-391-2014
SB
214407798
31 year old
male
Sentenced
East London
Med A
ICCV
Mr Ndinisa
It was reported that force was used by officials in defence of another.
DCS investigation report ICCV preliminary report
F-407-2014 SM
214850878
29 years old
male
Remand
detainee
Empangeni
ICCV
Ms Ngwenya
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
121
16. Use of Force: LMN
LMN Region
No. Case No Inmate’s name/
registration no
Correctional
Centre
Brief description of alleged circumstances Outstanding
documents
16.1 F-311-2014
JT 208846289 Sentenced
Zeerust ICCV Mr. Ngxola
It was reported that force was used by officials for the protection of property in that the inmate damage state property, he broke a toilet, washing basin and also damaged the brick wall which partitioned the toilet for privacy.
16.2 F-350-
2014
ACM
214330426
31 year old
Sentenced
Klerksdorp
ICCV
Mrs Dipheko
It was reported that force was used by officials for defence of another person; inmate sustained no serious visible injuries, only bruises. 11/02/2015 Feedback received from the department reporting that a detailed investigation report is available
DCS investigation report ICCV preliminary report
16.3 F-351-
2014
BL
212330517
27 year old male
Sentenced
Klerksdorp
ICCV
Mrs Dipheko
It was reported that force was used by officials for defence of another person; inmate had no serious injuries. 11/02/2015 Feedback received from the department reporting that a detailed investigation report is available
DCS investigation report ICCV preliminary report
16.4 F-359-
2014
SMM
212169150
23 year old male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting that it was recommended that the offender be charged
DCS investigation report ICCV preliminary report
122
by the CMC for disciplinary infringement of Correctional Services Act III of 1998; Chapter III PART B,23,1 OF H
16.5 F-360-
2014
SN
212531797
22 year old male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting that it was recommended that the offender be charged by the CMC for disciplinary infringement of Correctional Services Act III of 1998; Chapter III PART B,23,1 OF H( officials were also reprimanded)
DCS investigation report ICCV preliminary report
16.6 F-361-
2014
SM
211531067
24 year old male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting that it was recommended that the offender be charged by the CMC for disciplinary infringement of Correctional Services Act III of 1998; Chapter III PART B,23,1 OF H( officials were also reprimanded)
DCS investigation report ICCV preliminary report
16.7 F-362-
2014
NK
213531789
20 years old
male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting that it was recommended that the offender be charged by the CMC for disciplinary infringement of Correctional Services Act III of 1998; Chapter III PART B,23,1 OF H
DCS investigation report ICCV preliminary report
16.8 F-363-
2014
SM
210077874
24 year old male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the
DCS investigation report ICCV preliminary report
123
department reporting the hearing we conducted against officials and they were given final written warning and offenders were charged accordingly
16.9 F-364-
2014
TN
210170004
24 year old male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting the hearing we conducted against officials and they were given final written warning and offenders were charged accordingly
DCS investigation report ICCV preliminary report
16.10 F-365-
2014
NM
214531328
19 year old male
Sentenced
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting that it was recommended that the offender be charged by the CMC for disciplinary infringement of Correctional Services Act III of 1998; Chapter III PART B,23,1 OF H( officials were also reprimanded)
DCS investigation report ICCV preliminary report
16.11 F-366-
2014
SN
214531769
22 year old
Remand
detainee
Barberton Town
ICCV
Mr. Mthombo
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting the hearing we conducted against officials and they were given verbal written warning and offenders were charged accordingly
DCS investigation report ICCV preliminary report
16.12 F-389-
2014
SM
209457818
30 year old
Sentenced
Barberton farm
Max
ICCV
Ms Watts
It was reported that force was used by officials for self defence. 11/02/2015 Feedback received from the department reporting that the offender must be departmentally charged for stabbing
DCS investigation report ICCV preliminary report
124
offender NM
16.13 F-401-
2014
JG
213330393
27 year old male
Sentenced
Klerksdorp
ICCV
Mrs Dipheko
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from the department reporting that a detailed investigation report is available
DCS investigation report ICCV preliminary report
17. Use of Force: WC
Western Cape Region
No. Case No Inmate’s name/
registration no
Correctional
Centre
Brief description of alleged
circumstances
Outstanding
documents
17.1 F-290-
2014
SM
205675136
Sentenced
Drakenstein Med
A
ICCV: Ms Gobile
It was reported that force was used by officials for defence of another person; inmate sustained a dog bite to the left side of his stomach and had a laceration. 11/02/2015 Feedback received by the department reporting that the Investigation finalized 27.11.2014 but more information was requested. Will send investigation report with other outstanding investigations to your office.
DCS investigation report ICCV preliminary report
17.2 F-291-
2014
JH
214276006
Sentenced
Pollsmoor Max
ICCV: Ms
Mbamba
It was reported that force was used by officials for defence of another person; inmate a laceration on the head.
DCS investigation report ICCV preliminary report
17.3 F-293-
2014
FD
208066909
Sentenced
Helderstroom
Max
ICCV
It was reported that force was used by officials for self defence; inmate sustained a laceration on his forehead.
DCS investigation report ICCV preliminary report
125
Mrs Sodladla
17.4 F-297-
2014
ST
213976527
Sentenced
Brandvlei Max
ICCV
Ms Spondo
It was reported that force was used by officials for defence of another person; inmate sustained small bruises on his lower lip.
DCS investigation report ICCV preliminary report
17.5 F-310-
2014
GVR
2117788441
Sentenced
Warmbokveld
ICCV
Mr. Jacobs
It was reported that force was used by officials for self defence.
DCS investigation report ICCV preliminary report
17.6 F-312-
2014
WJ
208240509
Sentenced
Drakenstein Med
B
ICCV
Mr. Moliko
It was reported that force was used by officials for defence of another person; inmate sustained a laceration of 1 cm on his bottom lip, bruises inside his mouth and bruises on his left arm. 11/02/2015 Feedback received from the department reporting that incident 08/10/2014 Investigation report handed over 18/12/2014 office of AC Corrections. Investigation Report to Inspecting Judge Office on 05.02.2015.
ICCV preliminary report
17.7 F-313-
2014
JA
208521024
Sentenced
Drakenstein Med
B
ICCV
Mr. Moliko
It was reported that force was used by officials for defence of another person; inmate sustained a superficial laceration on his face and his left elbow was bruised. 11/02/2015 Feedback received by the department reporting the incident 08/10/2014 Investigation report handed over 18/12/2014 office of AC Corrections. Investigation Report to Inspecting Judge Office on 05.02.2015.
ICCV preliminary report
17.8 F-315- MM Helderstroom It was reported that force was used by DCS investigation
126
2014 213977964
Sentenced
Max
ICCV
Mrs Sodladla
officials for self defence. report ICCV preliminary report
17.9 F-320-
2014
VJ
214977282
Sentenced
Drakenstein Max
ICCV
Mrs Msweswe
It was reported that force was used by officials for the protection of state property. 11/02/2015 Feedback received from the department reporting that an investigation report finalized on 22/12/2014, report at AC Finance.
DCS investigation report ICCV preliminary report
17.10 F-321-
2014
MP
213284075
Remand
detainee
Pollsmoor Max
ICCV
Mrs Msweswe
It was reported that force was used by officials for defence of another person; inmate sustained bruises on the forearms.
DCS investigation report ICCV preliminary report
17.11 F-322-
2014
LV
208843269
Sentenced
Drakenstein Med
B
ICCV
Mr. Moliko
It was reported that force was used by officials for defence of another person; inmate sustained a laceration 10cm long and 3cm deep on the head. 11/02/2015 Feedback received from the department reporting the incident 12/10/2014 Investigation report handed over 17/12/2014 office of AC Corrections. The Area Commissioner requested more information, received info, investigation report on their route to the AC.
DCS investigation report ICCV preliminary report
17.12 F-332-
2014
MB
211187573
Sentenced
Helderstroom
Max
ICCV
Mrs Sodladla
It was reported that force was used by officials for self defence.
DCS investigation report ICCV preliminary report
17.13 F-341-
2014
AJ
212188371
George
It was reported that force was used by officials for defence of another person.
DCS investigation report
127
28 year old male
Remand
detainee
ICCV
Mr. Blou
ICCV preliminary report
17.14 F-353-
2014
VM
211583153
26 year old male
Sentenced
Drakenstein Max
ICCV
Ms Msweswe
It was reported that force was used by official in self defence. 11/02/2015 Feedback received from department reporting that the investigation in progress
DCS investigation report ICCV preliminary report
17.15 F-357-
2014
GL
212568016
20 year old male
Sentenced
Drakenstein Med
B
ICCV
Mr. Moliko
It was reported that force was used by official in self defence. 11/02/2015 Feedback received from the department reporting the incident 20/11/2014 Investigation report handed over 18/12/2014 office of AC Corrections. The Area Commissioner requested more information, received info, investigation report on their route to the AC.
DCS investigation report ICCV preliminary report
17.16 F-358-
2014
BD
208451749
22 year old male
Sentenced
Drakenstein Med
B
ICCV
Mr. Moliko
It was reported that force was used by official in self defence. 11/02/2015 Feedback received from the department reporting the incident 20/11/2014 Investigation report handed over 18/12/2014 office of AC Corrections. The Area Commissioner requested more information, received info, investigation report on their route to the AC.
DCS investigation report ICCV preliminary report
17.17 F-371-
2014
MS
205559899
35 year old male
Brandvlei Max
ICCV
It was reported that force was used by officials for defence of another person.
DCS investigation report ICCV preliminary report
128
Sentenced Ms Spondo
17.18 F-372-
2014
AW
210195533
31 year old male
Sentenced
Brandvlei Max
ICCV
Ms Spondo
It was reported that force was used by officials for defence of another person.
DCS investigation report ICCV preliminary report
17.19 F-395-
2014
HS
213401142
25 year old male
Sentenced
Riebeeck West
ICCV
Vacant post
It was reported that force was used by officials in self defence.
DCS investigation report ICCV preliminary report
17.20 F-396-
2014
AP
212978325
24 year old male
Sentenced
Dwarsrivier
ICCV
Ms Mvinjelwa
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
17.21 F-399-
2014
NS
213203550
24 year old male
Sentenced
Helderstroom
ICCV
Mrs Sodladla
It was reported that force was used by official in self defence.
DCS investigation report ICCV preliminary report
17.22 F-400-
2014
TT
211582422
33 year old male
Sentenced
Drakenstein Max
ICCV
Ms Msweswe
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from department reporting that the investigation in progress
DCS investigation report ICCV preliminary report
17.23 F-408-
2014
AM
211187988
34 year old male
Sentenced
Drakenstein Max
ICCV
Ms Msweswe
It was reported that force was used by officials for defence of another person. 11/02/2015 Feedback received from department reporting that the investigation in progress
DCS investigation report ICCV preliminary report
17.24 F-412- TM Warmbokveld It was reported that force was used by DCS investigation
129
2014 214828339
28 year old male
Sentenced
ICCV
Mr. Jacobs
official in self-defence. report ICCV preliminary report
130
PROGRAMME 3:
COMMUNITY OVERSIGHT AND STAKEHOLDER ENGAGEMENT
This chapter of the report highlights the activities of the ICCV and VC complaints mechanism system for
the period 01 October 2014 to 31 December 2014 which is managed by the Directorate: Management
Regions.
Below we provide an overview on the Visitors Committee’s, ICCV post establishment, training,
performance audits and minimum standards of service delivery of ICCVs for the period under review.
Objective 1: Independent Correctional Centre Visitors
Post Establishment
The Inspectorate has 309 ICCV posts on the post establishment. As at 31 December 266 posts were filled
and 38 remained vacant. Five (5) correctional centres are under renovation. The below diagram provides a
breakdown of the post establishment per management region and the management area where there are
correctional centres closed down for renovations.
Table 1: ICCV post establishment
Management region ICCV Posts on the
post establishment
Number of
posts filled
Number of
vacant posts
Centres under
renovation
Southern (WC/EC) 71 48 22 Port Elizabeth
(01)
Eastern (KZN/EC) 78 70 05 Matatiela,
Mqanduli &
Escort (3)
Central (FS/NC/NW) 77 74 03 None (0)
Northern (LP/MP/GP) 83 74 08 Geluk and C-
Max (02)
TOTAL 309 266 38 05
131
ICCV Interviews
Table 2
Management
region
Number of
candidates
interviewed
Months Recommended
Candidates
Northern (L/MP/GP) 45 November & December 18
Southern (WC/EC) 79 October & December 12
Central
(FS/NC/NW)
05 October 01
Eastern (KZN/EC) 38 November 05
ICCV training
There were no ICCV trainings that were conducted during the quarter of October- December 2014
Various meetings were held, initiated by the Inspectorate, with Institutions of Higher Learning and
SASSETA to discuss the possibility of establishing an accredited training programme for ICCVs.
ICCV Performance Audits
Fifty three (53) ICCVs were audited during the period 01 October 2014 to 31 December 2014. As a result
the following findings were uncovered during the performance audits:
Table 3
Number
of Audits
Consultative
meetings
Verbal Notice
of Non
Compliance
Written
Notice
Final
Written
Notice
Suspended
ICCVs
Contracts
Terminations
53 07 01 0 01 04 01
Minimum Standards of Service Delivery (MSSD)
The table below provides an overview and description of the ICCV’s minimum standards of service delivery
for the period under review.
132
Table 3: MSSD
MSSD DESCRIPTION
Site Visits For which a monthly mini-inspection report must be submitted by ICCVs. During a
site visit, the ICCV must visit all communal cells, special care units, hospitals,
kitchens and any other place within the correctional centre where inmates sleep or
work. These reports are sent to the Directorate: Legal Services, Complaints Unit. The
Complaints Unit has the responsibility to follow up on matters referred to in these
reports, which may warrant inspections or investigations.
Interviews ICCVs must interview 25% of the inmate population in the correctional centre
monthly. During the interview process, inmates may register complaints and/or
requests with the ICCV. The ICCV records these complaints and/or requests in an
“Index of Interview” register. During the quarter the ICCVs conducted a total of
69093 interviews.
Monitor
G365
One of the functions of the ICCV is to monitor the G 365 register to determine
whether the complaints / requests were resolved. All complaints recorded in the
ICCVs Index of Interview register are recorded by DCS officials in the Department’s
official complaints register, referred to as the G 365. During the quarter under review,
a total number of 23402 complaints deriving from ICCV interviews were recorded in
the G 365.
Private
Consultations
ICCVs conduct private consultations with inmates, to address complaints registered in
the G 365 that have not been resolved or not resolved adequately. During the period,
the ICCVs conducted 19028 private consultations with inmates. The ICCV records
these private consultations in a Record of Consultation register. These registers are
referred on to HCCs or delegates. The ICCV also facilitates the resolution of these
complaints between the Head of Correctional Centres and inmates.
VC meetings The VC has four distinct functions, one of which is to discuss those complaints not
resolved between the HCC and inmate. During the quarter a total number of 147 complaints were referred to and discussed at the VC meetings.
Objective 2: Visitors Committee Meetings
Visitors’ Committees
A Visitor Committee (VC) therefore plays a vital role in the resolution of complaints and community
oversight. As at 31 December the Inspectorate has 24 VC’s across South Africa. One (1) VC remains
inactive namely Gordonia. One of the functions of the Inspectorate’s Regional Managers is to visit all of
their VCs within their region during the financial year and to date Regional Managers visited 21 VCs since 1
April 2014. The purpose for Regional Managers to visit VCs is to do an audit on the effectiveness of the
VCs. As mentioned above (MSSD), for the period 147 complaints were escalated to the VC meetings for
discussion. A total of 55 complaints were referred to the Directorate Legal Services as unresolved.
133
Section 94 of the Correctional Services Act 111 of 1998 (as amended) states:
“Where appropriate, the Inspecting Judge may establish a Visitors’ Committee for a particular area
consisting of Independent Correctional Centre Visitors appointed to correctional centres in that area.”
“The Committee must at least meet quarterly”
“The functions of the Committee are –
o To consider unresolved complaints with a view to their resolution
o To submit to the Inspecting Judge those complaints which the Committee cannot resolve
o To organise a schedule of visits
o To extend and promote the community’s interest and involvement in correctional matters,
o To submit minutes of meetings to the Inspecting Judge”
Meetings with stakeholders
During the quarter, the following organs of state and civil society attended various VC meetings:
Table 3: Stakeholders attendance at VC meetings per region.
SMR NMR EMR CMR
Legal Aid South Africa
(Queenstown)
Port Elizabeth Court
Assessor
Legal Aid South Africa
(Port Elizabeth)
Legal Aid Portville
Sada Parole Board
Nicro
PE Justice Centre
SAPS
Parliamentary
Nicro Barberton
CSPB
Barberton/Nelspruit
IAFRICA
Transcriptions.
Thohoyandou High
Court.
SAPS, Makhado
Practitioner Legal Aid
South Africa Pretoria
-Senior Attorney-
Legal Aid South Africa
– Benoni
Senior Attorney- Legal
Aid South Africa-
Legal Aid SA:
Butterworth
Legal Aid SA:
Butterworth
Legal Aid SA:
Butterworth
Legal Aid SA:
Butterworth
South African
Police Services:
Butterworth
South African
Police Services:
Butterworth
NICRO: East
Kroonstad SAPS
Maokeng Centre
Kroonstad CSPB
Justice Centre Executive
Legal Aid South Africa
Correctional Supervision
and Parole Board (CSPB)
Groenpunt Management
Area
NPA
Department of Home
Affairs
Legal Aid SA
134
Researcher
Major of the Cedarberg
Municipality
Swartland Gazette
Malmesbury
Gqama Community
Service
SANCO Motherwell
DAC
Krugersdorp.
Germiston Cluster-
SAPS
Germiston Cluster-
SAPS
Brakpan Cluster-SAPS
Katlehong Cluster-
SAPS
Sunnyside Cluster-
SAPS
Orlando Cluster-SAPS
Sebokeng Cluster-
SAPS
Vereeniging Cluster-
SAPS
Tembisa Cluster-SAPS
Tembisa Cluster-SAPS
CSVR
SAPS Makhado,
Thohoyandou Justice
Centre Thohoyandou
High Court
London
Department of
Justice: Empangeni
Traffic Department:
Umhlathuze
Traffic Department:
Umhlathuze
South African
Police Services:
Empangeni
Department of
Labour: Empangeni
National
Prosecuting
Authority:
Empangeni
Department of
Labour: Empangeni
South African
Police Services:
Empangeni
Department of
Justice: Empangeni
Zululand legal circle
NICRO: Empangeni
Legal Aid SA: Port-
Shepstone
Legal Aid SA:
Pietermaritzburg
NICRO: Empangeni
South African
Police Services:
Esikhawini
Legal South Africa
SAHRC: Eastern
Justice Detention Institute
of South Africa
Love Life SA
SAPOHR
North West Provincial Dept
of Social Development -
Policy Develop
Department of Social
Development (Madibeng
Service Point) – Crime
Prevention Coordinator
Brits FACAWA- Secretary
Klerksdorp Khulisa Social
Solution- Social Worker
Klerksdorp Dept of Social
Development - Social
Worker
Klerksdorp Social Crime
Prevention Supervisor
Para-legal@ Bloemfontein
Justice Centre, Legal Aid
South Africa
Investigator @ PPSA
IPID Bloemfontein.
FSUYF Lindley
Vereeniging Justice Centre
Legal Aid South Africa
Para-legal @ Bethlehem
Justice Centre, Legal Aid
South Africa,Lindley
Phuthaditshaba Justice
Centre, Legal Aid South
Africa.
135
Cape
Legal Aid SA:
Queenstown
SAHRC: East
London
Nelson Mandela
Metropolitan
University: Student
SAPS: East London
Annual Presentation
In addition to the conducting of community meetings, the Regions also attended the following meetings:
Table 4
Management
Regions
Dates
Name of NGO / State
Organs Northern Management
JICS 2013/2014 Annual Report Presentation events
on 02 December 2014 in Leeuwkop
Legal Aid South Africa–Krugersdorp, Pretoria Youth in Prison-NGO Leeuwkop Office of the Speaker Krugersdorp SAPS-Krugersdorp Clerk of the court –Dept of Justice-Krugersdorp Just Detention International- BMC –Pastor Heritage Department of Justice and Constitutional development-Pretoria NPA-Pretoria Department of Home Affairs –Pretoria SAPOR-Johannesburg DCS- Limpopo, Mpulanga, North West and Gauteng
136
Southern Management
JICS 2013/2014 Annual Report Presentation
event on the 21 November 2014 at Goodwood
Correctional Centre on the 04tDecember 2014 at
East London Correctional Centre
DCS, Western Cape Ithemba Labadala , Prison Fellowship Project Plauurond , B.Y.C.D. Legal Aid, SAHRC, Islamic, Commission of gender Sonke Justice, Public Protector Human Rights Commissioner , Gender Commission, Lawyers for Human Rights
Central Management
JICS 2013/2014 Annual Report Presentation
events on 27th November 2014 at Air Force Base
in Bloemfontein
There were representatives from Legal Aid SA, NPA, SAHR, SAPS just to mention the few.
DCS, Northern Cape and Free State, South African Police Services: Free State Province Correctional Supervision and Parole Board:Free State and Northern Cape Department of Public Prosecution,Lesotho Consulate, FSUYF Youth Forum, Free State Council of Churches, Legal Aid South Africa, Public Protector South Africa, Bloemfontein Community Policing Forum Nicro : Free State and
SABC
Eastern KZN/EC
JICS 2013/2014 Annual Report Presentation event
on the O4th December 2014 in East London CC
DCS, Eastern Cape SAHRC: Eastern Cape Legal Aid SA: Queenstown Legal aid East London Nelson Mandela Metropolitan University: SAPS: East London, Police Forum; SANCO National Prosecuting Authority: Mtata NICRO: East London
Stakeholder Engagement
Public Calling for Nominations (PCN) Meetings
The following community meetings were held to publicly request organizations to nominate candidates to
serve as ICCVs.
After various public meetings were held nationally during the quarter, 223 nominations forms were received.
Seven Community meetings were held at SMR,
Kirkwood
Port Elizabeth
Patensie X 2
Grahamstown
Lady Frere
Middledrift
Stutterheim
137
Five Community meetings were held at CMR
De Aar
Mogwase
Zeerust
Lichtenburg
Grootvlie
No community meetings were held at EMR and NMR for the period under review.