1. Judicial Inspectorate of Prisons Office of the Inspecting Judge Annual Report 2006/2007 Prisoners and Prisons

2. Contents of the report Chapter One: State of our prisons Chapter Two: Managing prisoner numbers Chapter Three: Mandatory reports Chapter Four: JIOP Chapter Five: Expanding needs

3. Foreword by the Inspecting Judge of Prisons “The experience of South Africa and of all people everywhere has taught that in order for the rights and freedoms embodied in constitutions to be realized, they must become a part of everyday reality of citizens’ lives, and the institutions protecting them must be deeply entrenched.” Nelson R Mandela (1998)

4. Chapter One: State of our prisons Transforming our correctional system Protection stipulated in the Constitution (Act 108 of 1996) Renaming from Prison Service to Correctional Services Demilitarization - 1 April 1996 Greater representation in staff Private prisons (1997) Increased funding – allocation of resources.

5. Year Budget- Rmillion % Growth 1996/1997 R 3,178,984 1997/1998 R 3,580,05413% 1998/1999 R 4,515,58126% 1999/2000 R 4,679,9934% 2000/2001 R 5,392,81915% 2001/2002 R 6,658,10223% 2002/2003 R 7,156,8977% 2003/2004 R 7,601,7786% 2004/2005 R 8,559,70613% 2005/2006 R 9,234,0858% 2006/2007 R 10,742,33115% 2007/2008 R 11,365,79811% 2008/2009 R 12,267,7656% Increase in financial resources to DCS

6. State of our prisons (continue) The need for prison oversight “The establishment of the JIOP must be viewed against the background of the new Correctional Services Act as a whole, which provides for the introduction of radical and far- reaching changes in our correctional system and seeks to give effect to the Bill of Rights in the Constitution, Act 108 of 1996, and in particular its provisions with regard to prisoners” Overview of correctional facilities

7. Correctional facilities 237 Operational prisons. Build to accommodate: 115 327 Currently accommodate: 161 674 46 347 prisoner without infra- structure

8. National Inspection Audit Inspected 99.2% of all prisons during period Feb/April 2007. Audit of IPV performance Gather information about prison conditions and the treatment of prisoners Methodology used included structured interviews with HOP, perusal of documents and physical observations. Also received information form DCS MIS system and IPVs who during 2006 spent a total of 99 633 hours visiting prisons and interviewing prisoners.

9. General findings “The more we study the major problems of our time, the more we come to realize that they cannot be understood in isolation. They are systemic problems, which mean that they are interconnected and interdependent” Systemic problems: Approach to safe custody Focus on security Accommodation Admissions Nutrition Hygiene

10. Systemic problems (continue) Clothing and bedding Lack of rehabilitation programmes Shortage of staff Health care Mental ill prisoners/patients Contact with the community Children in prisons Females, Mothers and babies

11. Systemic problems – Focus areas Focus on security. Current blanket focus on security at the cost of rehabilitation is a cause of concern. Accommodation. Critical levels of overcrowding. Admissions. Testing for contagious and communicable diseases. Searching of newly admitted prisoners. Lack of rehabilitation programmes. Only about 11% of sentenced prisoners involved in formal programmes. Shortage of staff.

12. Correctional Centre Approved accommodationUnsentencedSentencedTotal % Occupation Pietermaritzburg1330129112432534190.53 Grahamstown309326268594192.23 Barberton Farm Max.845316401643194.44 George5143436921035201.36 Baviaanspoort Max.3550718 202.25 East London Med. B5431107101117205.71 Zonderwater Med. A87701825 208.10 Grootvlei Max.89013735251898213.26 Durban Med. B205304381 213.40 Pretoria Local217143683674735218.10 Leeuwkop Max.76301671 219.00 Mount Frere42092 219.05 Pollsmoor Max.187232559254180223.29 Caledon215366115481223.72 St. Albans Max.71701611 224.69 Lusikisiki148178161339229.05 Thohoyandou Female13419289308229.85 Umtata Max.72001662 230.83 Johannesburg Med. A263059571546111232.36 Fort Beaufort162170215385237.65 Bizana577368141247.37 Middledrift41101060 257.91 King Williams Town301532264796264.45 Johannesburg Med. B130003579 275.31 Thohoyandou Med. B21969624720328.77 Umtata Med.58010929532045352.59

13. Chapter Two: Managing prisoner numbers

14. Unsentenced prisoner population

15. UNSENTENCED OFFENDERS WHO HAVE THE OPTION OF BAIL STILL IN CUSTODY AS AT 19 APRIL 2007 Region R1 to 100 R101 to300 R301 to 500 R500 to 1000R1000+Total EASTERN CAPE205467784401911975 GAUTENG25048094914412922 KWAZULU/NATAL6663876718942024 LIMPOPO, MPUMALANGA & N.W.1331944703991097 NORTHERN CAPE & FREE STATE92013934222381263 WESTERN CAPE53866484021191560 RSA TOTAL43128228803354328210841 Unaffordable bail and section 63A

16. Unsentenced prisoners Plea bargaining and guilty pleas Seasonality of unsentenced prisoner numbers.

17. Turnover rate: Release Type 2006Total Medical70 Bail pending appeal316 Bail paid64 705 Unsentenced to court not returned from court241 592 Unsentenced transferred to SAPS4 551 Deportation/repatriation3 301 Fine paid14 019 Parole Board prisoners10 422 Parole Non-Board prisoners6 734 Detainees2 436 Sentenced prisoners on sentence expiry date15 141 Warrant of Liberation5 249 Total:368 150

18. Sentenced prisoners #Length of sentences #Security classifications #Correctional supervision and Parole Boards

20. SECURITY CLASSIFICATIONS 1998/012006/12 Maximum 1213836963 Medium 7220463057 Minimum 37041337 Non-Board 1211012022 Unclassified 54370 Total 100699113449

21. Chapter Three: Mandatory Reports Deaths in prisons Solitary confinement Segregations Mechanical Restraints

22. Deaths in prison

23. Time spend in prison before death

24. Chapter Four: Judicial Inspectorate of Prisons Statutory Mandate: “To facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prisons and on conditions in prisons” Vision: “To ensure that all prisoners are detained under humane conditions, treated with human dignity and prepared for a dignified reintegration into the community.”

25. Need to restructure Received various reports – criticized the JIOP for “Dealing only with prison overcrowding” This was confirmed with discussions with role- players. Strategic session – directed our focus to service delivery. Decision to establish “Viable Business Units” Prison oversight for the community by the community. Strengthen organization at “grass root” level.

26. Inspecting Judge Director National Manager IPVs Assistant Director: IPVs Performance Manager Training of IPVs Regional Co- ordinators IPVs appointed at prisons National Manager: Inspections Assistant Director: Inspections Prison Inspectors National Manager: Support Services Finance and IPV Payments Human Resources and Registration Logistics & Transport National Manager: Legal Services Case Managers Case Officers CURRENT JIOP STRUCTURE

27. PROPOSED JIOP STRUCURE

29. Conclusion Due appreciation is given to the Ministry, the Management, officials of DCS and the many stakeholders and individuals that assisted in the JIOP. I am particularly grateful to my predecessor, Mr. Justice J J Fagan, for the support and encouragement. THE END.