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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

quarterly report for the period 01 october to 31 december 2014

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Page 1: quarterly report for the period 01 october to 31 december 2014

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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

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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.

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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

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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

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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

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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

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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

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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.

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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.

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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

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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

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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.

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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.

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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.

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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

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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.

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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.

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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

Page 19: quarterly report for the period 01 october to 31 december 2014

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.

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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.

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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

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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.

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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

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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?

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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

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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

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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.

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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

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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.

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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.

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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.

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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

Page 33: quarterly report for the period 01 october to 31 december 2014

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

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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

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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

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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.

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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.

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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

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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

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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.

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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

Page 42: quarterly report for the period 01 october to 31 december 2014

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.

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

Page 99: quarterly report for the period 01 october to 31 december 2014

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.

Page 100: quarterly report for the period 01 october to 31 december 2014

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.

Page 101: quarterly report for the period 01 october to 31 december 2014

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

Page 102: quarterly report for the period 01 october to 31 december 2014

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

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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.

Page 104: quarterly report for the period 01 october to 31 december 2014

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

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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

Page 106: quarterly report for the period 01 october to 31 december 2014

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

Page 107: quarterly report for the period 01 october to 31 december 2014

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

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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

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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

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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

Page 111: quarterly report for the period 01 october to 31 december 2014

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

Page 112: quarterly report for the period 01 october to 31 december 2014

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

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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

Page 114: quarterly report for the period 01 october to 31 december 2014

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

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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

Page 116: quarterly report for the period 01 october to 31 december 2014

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

Page 117: quarterly report for the period 01 october to 31 december 2014

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

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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

Page 119: quarterly report for the period 01 october to 31 december 2014

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

Page 120: quarterly report for the period 01 october to 31 december 2014

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

Page 121: quarterly report for the period 01 october to 31 december 2014

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

Page 122: quarterly report for the period 01 october to 31 december 2014

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

Page 123: quarterly report for the period 01 october to 31 december 2014

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

Page 124: quarterly report for the period 01 october to 31 december 2014

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

Page 125: quarterly report for the period 01 october to 31 december 2014

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

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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

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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

Page 128: quarterly report for the period 01 october to 31 december 2014

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

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129

2014 214828339

28 year old male

Sentenced

ICCV

Mr. Jacobs

official in self-defence. report ICCV preliminary report

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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

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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.

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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.

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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

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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.

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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

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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

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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.