Draft White Paper On Corrections In South Africa
DRAFT WHITE PAPERONCORRECTIONS IN SOUTH AFRICAAUGUST 2004 Department of Correctional ServicesCopyright subsists in this work. In terms of the Copyright Act, 1978 (Act No 98 of 1978), no partof this document may be reproduced or transmitted in any form or by any means, electronic ormechanical, including photocopying, recording or by any information storage and retrievalsystem, without acknowledging the copyright.
Table of ContentsFOREWORD BY COMMISSIONER 6PREAMBLE 7EXECUTIVE SUMMARY .9CHAPTER I: INTRODUCTION .181.11.21.3Motivation for a new White Paper . 18Premises of the White Paper .20The Department’s policy and legal framework .20CHAPTER 2: HISTORY OF TRANSFORMATION OF CORRECTIONALSYSTEM IN SOUTH AFRICA .242.12.22.32.42.52.62.72.82.9Introduction . .24The early 1900”s 24The 1945 Landsdowne Commission on Penal Prison Reform . .24Prisons in the 1960s and 1970s .25The Prisons Department in the 1980s .25Prison reforms in the early 1990s .26Transformation of Correctional Services in democratic South Africa . .26Strategic realignment of the Department of Correctional Services .29Challenges encountered during the strategic realignment of theDepartment 30CHAPTER 3: CORRECTION IS A SOCIETAL RESPONSIBILITY .333.13.23.3Introduction .33Correction and dysfunctional families .33The role of the Department in Societal Corrections .34CHAPTER 4: OBJECTIVES OF THE SOUTH AFRICAN CORRECIONALSYSTEM 364.14.24.34.4Introduction 36Defining rehabilitation and correction .36Vision and mission of the Department .37Key objectives of the correctional system .37CHAPTER 5: SOUTH AFRICA’S APPROACH TO CORRECTIONALMANAGEMENT .395.15.2Introduction 39Principles of restoration as a correctional management objective .392
5.35.45.5Applying unit management in the management of correctional centres 41Person-centered correctional management through safe and securecustody in a humane environment .42Parole contributing to humane custody and as a vehicle forsocial reintegration 43CHAPTER 6: INTEGRATED JUSTICE AND SOCIAL SECTORRESPONSIBILITY FOR REHABILITATION . .456.16.2Introduction 45The integrated Justice System and Rehabilitation 45CHAPTER 7: WHO ARE SOUTH AFRICA’S OFFENDERS .477.1Introduction 477.2Unique factors contributing to crime in South Africa .477.3Changes in the composition of the South African offender population .487.4People under correction are human beings 48CHAPTER 8: AN IDEAL CORRECTIONAL OFCIAL WHITHIN ANAPPROPRIATE ORGANIZATIONAL CULTURE oduction 50Characteristics of an ideal correctional official 51Defining an organizational culture .53Indicators of an ineffective departmental organizational culture .53Indicators of an effective departmental organizational culture .53Outcome of an effective people-centred organizational culture on theDepartment .53The human resource provisioning strategy 54The human resource development strategy .55Career pathing and development . .55An effective disciplinary code and disciplinary procedures .56Dealing effectively with corruption and mal-administration .56Revitalizing and sustenance of the departmental core values 56Balancing security and correction in the organizational culture:a socio-security orientation 57CHAPTER 9: GOVERNMENT ‘S RESPONSIBILITY TOWARDS AWAITING-TRIALAND ILLEGAL IMMIGRANTS AWAITING DEPORTATION9.19.29.39.49.59.69.79.89.9Introduction 59Categories of awaiting trial detainees 59Constitutional imperatives on awaiting detainees .59International provisions on awaiting- trial detainees .61A government ‘s obligations towards awaiting-trial detainees .61Short-term management of awaiting –trial detainees 62Responsibilities of the Integrated Justice System towards awaitingtrial detainees .62The Department’s view on a long-term policy on awaiting-trial detainees .63Problem statement on the detention of illegal immigrants3
9.10awaiting deportation 63The need for a policy on illegal immigrants deportation .64CHAPTER 10: THE NEEDS-BASED INTERVENTION 10.1210.1310.1410.1510.1610.1710.18Introduction 65The Standard Minimum Rules on the rehabilitation of people underCorrection .65The aim of needs-based rehabilitation .65Compiling offender and offence profiles for rehabilitation;responsibilities of the Integrated Justice System .66The positive commitment and voluntary participation of a personunder correction in rehabilitation processes .66The key service delivery areas for rehabilitation . .67The Correctional Sentence Plan .68The distinction between correction of offending behaviour anddevelopment .70Providing education to people under correction 70Providing training and productive work aimed at the employabilityand development of people under correction .70Involving people under correction in community service and povertyalleviation projects 71Providing gender training for people under correction .72The social reintegration of people under correction .72Role of community supervision and parole boards 73The integrated support system .73Principles of the integrated support system policy 74Purpose of the Integrated Support System 74Measurement of the success of the rehabilitation processes .75CHAPTER 11: SAFETY, SECURITY AND ORDERS ASPART OF REHABILITATION 7611.111.211.311.411.511.611.711.8Introduction 76Operating secure, safe and orderly correctional centres 76Security classification of offenders contributing to safety and security 77Disciplinary procedures and punishment contributing to safe,security and order in correctional centres .78The safety and health of inmates .78Prison gangs and the safety of inmates .79The constitution and international prescripts on the health of inmates 79The health of inmates and the South African reality .80CHAPTER 12: SPECIAL CATEGORIES OF OFFENDERS .8112.112.212.312.412.5Introduction 81Children in detention .81The Department’s vision for youth offenders 82Women offenders .82Offenders with disabilities .834
12.612.712.812.912.10Aged offenders .83Offenders with mental illness 83First offenders 84Offenders with long sentences or life sentences 84Detained offenders who are foreign nationals .84CHAPTER 13: APPROPRIATE AND COST-EFECTIVE FACILITIES .8513.113.213.313.4Introduction .85A focus on needs-driven facilities 85Cost-effective and needs-driven design, procurement andbuilding of correctional facilities . .86Policy framework on Public-Private Partnership (PPP)correctional facilities .86CHAPTER 14: EXTERNAL PARTNESHIPS .8814.114.214.314.414.514.614.7Introduction .88Towards a partnership with the community .88Establishing a policy framework for community participation .89Objectives of the Community Participation Policy .89The principles of the Community Participation Policy .89The Department’s approach to community-based service providers .90Principles with regard to community participation and communityprogrammes 9014.8 Measuring the effectiveness of the Community Participation Policy 9014.9 Promoting societal responsibility for corrections: The communityconsultative forum .9114.10 Aligning international corrections objectives with SouthAfrican foreign policy .9114.11 Working together for more effective corrections on theAfrican continent .9114.12 South African Corrections and International Cooperation .92CHAPTER 15: GOVERNANCE AND ADMINISTRATION 9415.115.215.315.415.5Powers and functions of the Executive Authority .94Powers and functions of Accounting Officer and Head of Department 94Accountability to Parliament .95Roles and responsibilities of the Judicial Inspectorate .95Policy input from outside the Department .955
FOREWORD BY COMMISSIONERIt gives me great pleasure to present this White Paper as an overriding strategic documentaimed at guiding the management and services of the department over the coming twentyyears and beyond.The White Paper on Corrections is meant not only to guide the work of the department butalso to set objectives against which the department should be measured by the people ofSouth Africa. The writing of the White Paper was a protracted, involved and exciting processthat, for the first time in the history of the country, elaborated on the work of corrections andthe need to view it as a responsibility that goes beyond the department to include society.The complete document is a culmination of extensive consultations internally and with oursocial partners which include represented labour unions, business and a range of nongovernmental organization, community-based organizations and faith-based organizations.Their critical inputs and commitment to seeing the delivery of the objectives of the WhitePaper is commendable and highly appreciated.I would also like to thank the Portfolio Committee Correctional Services for theirunwavering support and commitment during the writing process. Their support made thecompletion of the White Paper possible when, at times, things appeared difficult.The department has completed the costing of the implementation strategy and all directoratesare geared towards putting rehabilitation at the centre of their activities.The recently adopted strategic plan is a practical manifestation of the ideas contained in theWhite Paper and with proper implementation and monitoring there is no doubt that we willachieve, in partnership with social partners, the objectives we have set ourselves.Dated . at PRETORIAMr LM MTICOMMISSIONER6
DEPARTMENT OF CORRECTIONAL SERVICESPREAMBLE OR FORWARD TO WHITE PAPER ONCORRECTIONS IN SOUTH AFRICADepartment of Correctional ServicesThe Cabinet recently approved the draft White Paper on Corrections in South Africa to replace the1994 White Paper on Correctional Services. This draft White Paper on Corrections arises out of aneed for a long-term strategic policy and operational framework that recognizes corrections as asocietal responsibility. It also flows from the need for the Department of Correctional Services to gearall its activities to serve a rehabilitation mission that ensures, through delivery of appropriateprogrammes, security that the people who leave correctional centres have appropriate attitudes andcompetencies enabling them to successfully integrate back to society as law abiding and productivecitizens.This new direction is setting new major challenges to both the broader society and the Department ofCorrectional Services. To the broader society the main challenge is restoration of cohesion at both thefamily and community levels of society. The draft White Paper positions the family as the primary leveland community institutions as the secondary level at which correction must necessarily take place.The degree of dysfunctionality at these levels has to be addressed if the rate of new convictions is todecrease. The Department of Correctional Services, positioning itself as a tertiary level of intervention,is looking forward to encouraging these basic societal institutions to recognise their strategic roles innation building in general and in correction in particular.CriminalCriminal itutionsInstitutionsRe-integrationRe-integration //RestorationRestorationFamilyFamilySOCIETAL CONTEXTThe main challenge of the Department of Correctional Services is to translate the vision of the draftWhite Paper into operational activities. To this end the Department is gearing itself to introduce7
financial programmes in the 2004/5 financial year that will signal the commitment of the Department toimplement the draft White Paper. The new financial programmes of the Department include: Correction: which aims to address the offending behaviour of sentence persons. Security: which aims at addressing the safety of inmates, officials and members of the public. Facilities: to ensure that the Department has a long-term facilities strategy to ensureconditions consistent with human dignity for offenders. Care: intended to address the well-being needs of inmates including access to social andpsychological services. Development: aims to provide for skills development in line with Departmental and nationalhuman resource needs. After Care: intended to ensure successful re-integration through appropriate interventionsdirected at both the inmate and relevant societal institutions.The new financial programmes will require the Department to deliver focused quality services to theoffender, effectively manage the correctional official and correctional centres, and drastically improvethe management of relations with accredited external stakeholders and oversight authorities.The Department of Correctional Services recognises the enormous challenge it has to change theprofile of the correctional official from that of a prison warder perceived to be prone to corruptinfluences to a role model and a rehabilitator. This change is however no longer optional ascorrectional officials are best placed to influence offenders negatively or positively.Correction is not a responsibility of the Department of Correctional Services alone – it is a sharedresponsibility with society. The role of societal institutions must be visible at all levels where correctionis taking place, including Departmental correctional centres.The Department of Correctional Services as an arm of state is looking forward to see to it that thisvision of correction contributes to nation building, and will be the main strategic objective of theDepartment in the next decade.The Department of Correctional Services believe that every correctional official is a potentialrehabilitator and that every person entrusted to our care is corrigible and may become a law-abidingcitizen and a nation server through correction.In order to realise this conviction, this White Paper is underpinned by, but not limited to, the followingvalues and/or rights enshrined in the Constitution of the Republic of South Africa, including the corevalues of the Department of Correctional Services: Human dignity (Section 10) Equality (Section 9) Rights underlying humane treatment of every detainee (Section 35) Right to health care services and other associated rights (Section 27) Freedom and security of the person (Section 12) Children’s rights (Section 28) Right to education (Section 29) Freedom of religion (Section 31) Intergovernmental relations (section 41) Values and principles governing Public Administration (Section ----8
EXECUTIVE SUMMARY1. In this White Paper, we outline the new strategic direction of the Department within whichrehabilitation forms the centre of all its activities – and one in which the Department strives to make afundamental contribution to corrections at societal level. It summarizes the philosophical, strategic andoperational framework for this new correctional system, and provides a framework comprising keysteps needed in establishing it.2. The White Paper advances a range of motivations for replacing the existing White Paper onCorrectional Services, as adopted on 21st October 1994. Most of the motivations are directly linked tothe inadequacies of the 1994 White Paper, in that it: (i) was based on the 1993 Interim Constitution(RSA 1993), and thus did not benefit from various important subsequent legislation, including the 1996Constitution, (Act No. 108 of 1996), and the 1998 Correctional Services Act (Act No. 111 of 1998), (ii)is not aligned with key current Government Policies and a broader range of other Public ServiceRegulations, including that on Health Care and Public Financial Management (iii) is inadequate inproviding an appropriate basis to formulate a departmental policy that fully understands the causesand unique nature of crime in South Africa, and which place this understanding within a correction andrehabilitation framework (iv) does not provide adequate guidance and direction to long-termdepartmental policy practice and development.3. The existing White Paper also: (i) did not benefit from a very significant and ongoing conceptualdebate on corrections and rehabilitation in South Africa, and in particular the role of the Department init, (ii) falls short in its approach on facilities building and procurement to ensure alignment withRehabilitation objectives, (iii) does not have a long-term vision on policy with regards to issues like thePublic-Private Partnership (PPP) policy and awaiting trial detainees, and (iv) does not addressimportant Human Resource matters that are of critical concern for Department achieving its newRehabilitation- centred system (v) is silent on the role of the Department in contemporary governmentinitiatives, including Corrections in the African Union, the Moral Regeneration Movement, sustainedgrowth and development, the National Crime Prevention Strategy, and (vi) does not provideconsistency in the use and understanding of key terminology and definitions in a way that it is userfriendly and consistent with the philosophy of corrections.4. A historical perspective on the transformation of the Correctional System in South Africa providesvery important understandings on key issues involved in the transformation challenges the Departmentfaces. These include: (i) almost a century in which safety and security was the predominant focus andwith Rehabilitation and Human Rights failing to enjoy any central status, (ii) the militarizedorganizational culture became so imbedded over many years, that the proposed shift away from itcaused resistance, (iii) the existing relatively closed prison culture was actively promoted over manyyears through measures like outlawing reporting and publishing of photographs on prisons, and (iv)overcrowding is a reality that prison administrators had to deal with already since the early 1900’s,albeit for many different reasons.5. The White Paper also provide insight into very crucial historical developments, like: (i) theseparation of the Prison Service from the Justice Department and the subsequent c
Department of Correctional Services The Cabinet recently approved the draft White Paper on Corrections in South Africa to replace the 1994 White Paper on Correctional Services. This draft White Paper on Corrections arises out of a need for a long-term strategic policy and operational framework that recognizes corrections as a
Errata for Latin Primer A Nota Bene: The corrections below do not contain macron corrections, but only spelling corrections. This list contains most, but not all corrections. Version 3.0 (coming in May 2006) contains all macron and spelling corrections.
OFFICE OF CORRECTIONS OMBUDS. PO Box 43113 . Olympia, Washington 98504-3113 . (360) 664-4749. September 24, 2019. Steve Sinclair, Secretary Department of Corrections (DOC) Office of Corrections Ombuds (OCO) Investigative Report. Attached is the official report regarding the OCO joint investigation with DOC into the medical care and staff response to a threat to a person incarcerated at the Washington Corrections Center for Women (WCCW) in the Treatment and Evaluation Center (TEC).
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