1 Mpho Mathabathe: Researcher Portfolio Committee on Correctional Services 27 February 2013 Research Analysis of SONA (2013)

2 Introduction The State of the Nation Address (SONA) was delivered on the evening of the 14 th February 2013 at a Joint Sitting of both NA and NCOP. In his address, the President paid attention to five priorities – education, health, fight against crime, creating decent work, as well as rural development and land reform. Number of issues which cut across Departments and have relevance to Department of Correctional Services can be identified and include:  Fight against corruption, and  Filling vacancies in the upper echelons of the Criminal Justice System

3 Impact on Correctional Services The fight against corruption President Zuma raised ‘the fight against corruption” as a priority of government since This is an acknowledgement that corruption is a problem in the country and government is taking corruption seriously. In the ANC January 8 Statement, President Zuma stated that “corruption is the enemy of development. It diverts resources meant for the poor”. The President also urged the private sector to take the fight against corruption seriously so that it can be tackled from all angles. DCS has taken a number of initiatives to fight corruption in the Department and these include; establishment of Departmental

4 Impact on Correctional Services Investigation Unit and the implementation of the Fraud Prevention Plan The anti-fraud and corruption capacity of DCS has resulted in the Department being rated as the third most efficient of 85 departments audited by the Department of Public Services and Administration in 2009/10. This has resulted in 89.99% conviction rate of officials found guilty of corruption and an amount of R2.5 million recovered from the R4.5 million debts by 72 officials found guilty of defrauding the department’s medical aid scheme.

5 Impact on Correctional Services ( fight against corruption Cont.. ) The graph above shows the number of corruption, fraud and bribery related cases between 2009/10 and 2011/12

6 Impact on Correctional Services ( Fight against corruption Cont.. ) As mentioned previously, it is not enough to have reported cases, but it is also significant to see how these cases have been finally disposed of. The JCPS Cluster Delivery Agreement of Outcome Three: “All people in South Africa are and feel safe” states that, the anti-corruption measures have not resulted in speedy prosecution and conviction of corrupt persons involved in corruption and this leads to the perception that there is a lack of will to deal with corruption. President Zuma on the other hand, mentioned that 107 officials working in the criminal justice system were convicted in the past financial year.

7 Impact on Correctional Services It is therefore important that DCS ensures that all corruption related cases are not only handled internally, but they are also referred to relevant authorities for further investigation and prosecution. The President stressed the importance of the National Development Plan (NDP). The NDP: Vision 2030 talks about the fight against corruption in Chapter 14. A number of areas for policy implementation are highlighted and one of them is, “Building a resilient and independent anti-corruption system that enjoys public and official support”. A number of specific actions are proposed under this policy priority:

8 Impact on Correctional Services ( fight against corruption Cont.. )  Strengthening the multi-agency anti-corruption system  Strengthening the protection of whistle-blowers  Centralising the award of large tenders or tenders of long duration  Providing greater ‘teeth’ to the tender compliance monitoring office to investigate both corruption and value for money aspect of tenders. Implications of the above recommendations for DCS  Strengthen the internal promotion of culture of whistle-blowing  Ensuring that all identified cases of corruption are forwarded to the relevant external agencies for further investigations and prosecution  Tightening internal controls over procurement.

9 LESSONS FROM THE PAST Filling of vacancies in the upper echelons of the Criminal Justice System The issue of vacancies have troubled the Department of Correctional Services for quite some time at all levels. Overall vacancy rate of DCS decreased from 15.3% (2010/11) to 3.3% (2011/12). At Senior Management Level, there was lack of stability since 2008 as a result of resignations and suspensions of senior managers. In 2011/12, DCS reported that there was improved stability within Executive and Senior Management echelons in general. A number of vacant senior positions were filled in 2011/12 which include: Impact on Correctional Services Filling of vacancies in the upper echelons of the Criminal Justice System

10 Impact on Correctional Services (Filling of vacancies Cont..) Regional Commissioners: Eastern Cape, Free State/Northern Cape, Gauteng, Limpopo/Mpumalanga/North West Deputy Regional Commissioners: Eastern Cape and Gauteng Chief Deputy Commissioners: Corporate Service and GITO AreaCommissioners:Pretoria,Durban- Westville,Johannesburg,Pollsmoor Deputy Commissioners: Human Resources Management, Employee Relations, Communications, Internal Control and Compliance Chief Audit Executive Chief Executive Officer, Office of the Inspecting Judge.

11 Impact on Correctional Services (Filling of vacancies Cont..) At the end of 2011/12, vacancy rate within senior management level stood at 19.2% with 208 posts, of which 168 were filled. In addition, the Chief Financial Officer of DCS, Mr Siphiwe Sokhela terminated his services with the Department with effect from 30 November 2012.

12 Impact on Correctional Services ( Filling of Vacancies ) MalesFemales Occupatio nal band AfricanColouredIndianwhiteACIWTotal Top man Sen Man Cont top Man Cont Sen Man

Impact on Correctional Services ( Filling of vacancies Cont..) The table shows the total of full-time and contract DCS employees in top management and senior management. For 2011/12, there were 16 permanent employees in top management structure of DCS and only one person on contract at the same level. For senior management, there were 152 permanent employees and 14 contract employees in the same level. 13

Issues for considerations by the Portfolio Committee The following issues can be considered: The Committee should look at the capacity of Departmental Investigation Unit of DCS and its structure and whether all members of the unit are vetted or not. The Committee should ask DCS to report on measures in place to increase a culture of whistle-blowing within the Department and ensure additional protection for whistle-blowers. The Committee should monitor progress on all reported cases of corruption in the Department. 14

Issues for consideration by the Portfolio Committee The Committee should request DCS to provide the Committee with outcomes of the finalisation of all reported cases of corruption for 2009/10, 2010/11 and 2011/12. The Committee should enquire whether there were any criminal cases registered with the South African Police Service involving corruption. The Committee could request DCS to provide the Committee with the Fraud Prevention Plan of DCS. The Committee should ask DCS about the positions of all contract workers at top management as well as senior management and how long are those contracts. The Committee should probe measures in place to retain top and senior management. 15

End, Thank you 16