I read my sentence steadily;

Reviewed it with my eyes;

To see that I made a mistake;

In extreme way.

The date and manner of shame;

And then the pious form

That God have mercy on my soul

The jury voted her.

I made my soul familiar

With her extremity,

That at the last it should not be

Punishment,

But a lesson to those who also makes mistake,

Meet tranquilly as a friend;

Salute and pass without a hint

And there the matter ends.

In addition to using the child protection system as a measure to safeguard children exposed to violence in the home, support from within community and professional support networks is critical as part of the effort to address the effects of domestic violence on children. To this end the presence of loving and supportive adults in the life of children who have been exposed to domestic violence can make a big difference in the way children cope with such situations and the impact it could have on their lives. Regardless of whether intervention with a family affected by domestic violence leads to the placement of children in substitute care, or not, skilled compassionate community support individuals and professionals can be a lifeline for the child exposed to the violence

This  one day foundational workshop provide individuals who take care of, or who work with children exposed to domestic violence, with concrete strategies for supporting these children. The training will be of value to social  auxiliary workers, child and youth care workers, social workers, foster carers, teachers as well as adult looking after other children.

This  workshop ensures that delegates leave with:

•  A clear understanding of the importance to understand the  dynamics of domestic violence in order to effectively support children;
• The ability to encourage resiliency and support the development of adaptive coping strategies in children who have been exposed to domestic violence;
• A clear understanding of the specific needs of children exposed to domestic violence and an ability to respond effectively to those needs.

Accreditation:

This programme is accredited with the SACSSP for 5 CPD points.

Dates and Locations:

Cost:

R860 per person

Registration:

In order to register you must make payment and submit a completed registration form with proof of payment to the relevant contact people below.

Registrations Close:

30 April for May Workshop                         17 May for June Workshop

Registration form (PDF)

Registration form (WORD)

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Bank:                              FNB

Branch Code:                201409

Account Number:         50260021114

Reference Number:     The course code and your name and   surname

Contact:

Western Cape & Gauteng:

arina@nicro.co.za or juanne@nicro.co.za

Tel:  (021) 462 0017

Fax:  (021) 462 2447

Eastern Cape:

geraldine@nicro.co.za

Tel: (041) 582 2555

Fax: (041) 582 2253

KZN:

sibonelo@nicro.co.za

Tel: (031) 309 8333/6/9

Fax:  (031) 309 8340

The training will be of value to probation officers, social workers, lawyers, magistrates, prosecutors,  police officers, criminologists, social science students and psychologists.

This  workshop ensures that criminal justice practitioners leave with:

•  A clear understanding of context in which criminal thinking errors are explored
• A clear understanding of the importance of identifying criminal thinking errors and patterns when dealing with offenders;
• An ability to recognize and identify criminal thinking errors   when working with offenders;
• A clear understanding of the link between thinking errors  and behaviour

Accreditation:

This training programme is accredited with the SACSSP for 18 CPD points.

Dates & Locations:

Cost: R 1450 per person.

To Register:

In order to register, you must make payment and submit a completed registration form and proof of payment to the contact people below.

Download registration form in PDF or WORD.

To make payment:

Course code:CTE127/13

Click here to make a secure online payment via our donations page.

Bank details for deposits:

Bank:                               FNB

Branch Code:                201409

Account Number:        50260021114

Reference Number:     The Course Code and your Name and  Surname

Western Cape & Gauteng:

arina@nicro.co.za or juanne@nicro.co.za

Tel:  (021) 462 0017

Fax:  (021) 462 2447

Eastern Cape:

zurina@nicro.co.za  or trixie@nicro.co.za

Tel: (041) 582 2555

Fax: (041) 582 2253

KZN:

sibonelo@nicro.co.za

Tel: (031) 309 8333/6/9

Fax: (031) 309 8340

Goodmorning

Poem for some one dear at heart

 She is a lady fair

She gives hope where none seems to bloom

She inspires friend and fou

You don’t need the right rime to go

She cares more than she may show

It protect her from tears that may flow

Need I say more

She is the lady in your path to help you

Face the here, past and future that you can still have

This dear lady is your angel in human cloth

Goes by the name Mariette Joubert

Anyone can see she cares more than the rest, or best….

Not that others don’t also help you in your durest

But you find her more kind of heart, and she gives her ear so help your words into the light

What more can a person ask, from the angel GOD sent in too your life, path

Somethings may seems not needful too face but she is using it for the best

 This lady is dear at heart

Keep her safe

So your dreams will survive

 Thanks dear lady

For your heart

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Download the article (PDF 173kb)

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10 October 2012

INTRODUCTION

1. The Inspecting Judge aptly captured the mandate of the JICS, and the role of the Inspecting Judge when he stated, “that the position of Inspecting Judge is a crucial component in the protection of constitutional rights in the correctional setting…that the rights of those in correctional settings are vulnerable.” The Judge stated that, “holding a magnifying glass to the treatment of inmates and the conditions of their detention us an important method of guarding against unjustifiable limitations of rights;
2. NICRO remains concerned about the independence of the Judicial Inspectorate of Correctional Services, particularly that the appointment of the Inspecting Judge is recommended by the Minister of Correctional Services. According to Chapter 10(86(1) of the Correctional Services Act 111 of 1998, it is the President of the Republic of South Africa who must appoint the Inspecting Judge. NICRO feels that the involvement of the Minister of Correctional Services compromises the independence of such an office, as well as the effective monitoring of Correctional centres.
3. As per recommendation by the Portfolio Committee, it was encouraging to see that JICS did meet with Chief Executive Officer of the Independent Police Investigative Directorate (IPID), to explore legislative amendments to become an entity independent of the DCS. JICS acknowledges the following challenges that would exist:
   1. absence of an internal audit function???(pg14)
   2. the need to implement formalised equity plans, workplace skills and risk management plan, and fraud prevention plans without sufficient resources to do so;
   3. compilation of a JICS Management Information system-current system outdated;
   4. formalization and implementation of policies and procedures for donations, sponsorships and gifts, disciplinary actions and delegations of power, as well as special leave and basic terms and conditions of employment policies and procedures;
   5. the establishment of institutional, budget and planning committees as well as specification committees, evaluation committees and adjudication committees.
4. It was encouraging to hear of the:
   1. Strengthening of the Legal Services Directorate has improved the quantity and quality and precision of information available on these matters;
   2. increase in the number of Correctional centre visitors, and the Visitor Committees, covered in Chapter 3;
5. There are 396 sentenced and 196 unsentenced children in our Correctional facilities. Judge Tshabalala’s key focus area of the treatment of children and the conditions under which they are held is an extremely important area. We are encouraged that the Judge will monitor the implementation of Section 19 of the Correctional Services Act 111 of 1998, that children have access to compulsory education and educational programming [Section 191(a) (b)]; that every child prisoner be provided with social work, religious care, recreational programmes and psychological services [Section 19(2)]; and that children in prison remain in contact with their families through additional visits and by other means [Section 19(3)].

ADMINISTRATION

1. Chapter 10(92) (1) refers to the appointment of an Independent Prison Visitor for any prison or prisons. We would like to pose this question to the JICS-Is the appointment of one Independent Visitor been adequate per prison? In the Annual report (pg64) we read that in Gauteng for example the number of inmates served on average by one Independent Correctional Centre Visitor (ICCV, as they have become recently known), per management area is 850. Surely this is too high an average? Given the complaints from inmates is this sufficient or can more than one Independent visitor per prison be considered? This obviously would imply amendments to the legislation to include more than one Independent Visitor per prison.
2. Section 35(2)(e) of the Bill of rights refers to arrested, detained and accused person’s: “everyone who is detained, including every sentenced prisoner, has the right to …conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense of adequate accommodation, nutrition, reading material and medical treatment.” I see no reference in the DCS Annual report 2011/12 or the JICS Annual report 2011/12 for the need for exercise, which has appeared in previous reports, and which to NICRO’s knowledge remains an issue that is not adequately addressed, as many inmates remain idle with insufficient if at all any exercise? In NICRO’s DCS Annual report submission, one such example was noted at Worcester Correctional centre.
3. Regarding Quarterly reporting to Parliament of JICS, on presentation of its first quarterly report for the period October 2011 to 31 December 2011, one of the shortcomings identified was (2) “impact on the working relationship with the Department in terms of the Department’s response to the Inspectorates report??” The Annual Report is silent on these issues??
4. The salary bill from 2010/2011, was increased by close to 2 million? (pg19); travel and subsistence increased by over R800, 000; stationery and printing by over R120 000? and other by R700,000? What does the other cover??
5. The Annual report also reports the need to upgrade the JICS website, that was last updated in 2002?(p20)
6. Glad to hear about the request by JICS for changes to the JICS domain email address distinct from the Department’s to enhance the perceived independence???

INSPECTIONS, INVESTIGATIONS, COMPLAINTS AND MANDATORY REPORTING

1. It is good to hear on page 22 that baseline statistics are being finalised to better measure the rate of change and compliance by the Department in respect of the Inspectorates findings and recommendations, which is long overdue.
2. During 2011/2012, 72 inspections were conducted across the country, covering just under a third of the 236 correctional centres?? Is this sufficient??
3. Concerning is the 50 reports of the use of force by officials; 47 deaths arose from unnatural causes??(pg23)
4. In the previous Annual Report concern was expressed around the possible misclassification of deaths in correctional centres as ‘natural’ rather than ‘unnatural.’ According to this 2011/12 report this concern remains.
5. It was also concerning that 12 women died of natural causes, 5 children and 2 infants?? Was this due to inadequate medical treatment?? Would be of interest to know what were the causes of death of these particular grouping??? Is the Annual Report generalised reasons are provided??
6. Encouraging that a more detailed study into the nature and extent of Health Care provisions to inmates will take place over the next few years (pg24).
7. Cooperation of the DCS with JICS was noted as good, but it was noted that the response time form Area Commissioners to Regional Commissioners is unreasonably long. The PC should monitor this? It was recommended that the Department at regional level put in place a strictly regulated policy enjoining Heads and Area Commissioners to provide feedback within minimum time periods. It is implied (pg24) that these delays impact negatively communication, service delivery, and ultimately the treatment of inmates and the conditions under which they are held.

STATE OF CORRECTIONAL CENTRES

1. It is still concerning that there are 592 children in our Correctional facilities (pg25). As the Annual Report states, “International and South African law stipulates that children under 18 should be imprisoned as a last resort,” yet what is of grave concern is that 27% of unsentenced and 23% of sentenced children are held in relation to “economic” crimes. We know that this is not necessarily a DCS issue, but something that must be addressed by the JCPS.
2. The JICS Annual report 2011/12, states that, collectively 51% (80664) of the inmate population have been detained for aggressive crimes (pg24); 16 %( 25306) for sexual crimes and 33 %( 52194) for economic and drug related crimes. NICRO would like to draw the Committee’s attention to the 52194 offenders being held in our Correctional centres that could benefit through non-custodial sentencing and save the tax payer in incarceration costs, as well as reduce the prison population by over 50,000. CSPRI in their presentation stated that given the current capacity of DCS if we reduce the prison population by 50,000, it could be more manageable. Could this target population then not be seriously considered? This proposal is linked to NICRO’s recommendation in the DCS Annual report 2011/12 that encouraged the JCPS to consider encouraging magistrates to consider less than 24 months sentences to be non-custodial. A person held for a white collar crime like fraud for instance-how does it benefit society that that person be sentenced to imprisonment, when they could rather be out working and paying back what they had taken. NICRO has had much success with fraud cases when referred to us as a non-custodial sentence.
3. As stated in this JICS Annual report(pg27), NICRO is also pleased that the Correctional Matters Amendment Act of 2011 makes special provisions for remand detainees that are pregnant, disabled, mentally ill, terminally ill or incapacitated, and aged remand detainees.
4. As stated in the JICS Annual report (pg28), it is concerning that there are 79 remand detainees, that have been awaiting trial for over 5 years; and that 2470 remand detainees are being held for over 2 years. It may seem like small numbers, but every number is a life, and a family. Time and time again we have seen remand detainees being found not guilty, but yet leaving correctional facilities “damaged psychologically, physically and emotionally” because of the long periods on being incarcerated, which has devastating effects on families and on society as a whole. Hence, NICRO is pleased with the amendments made (Pg27) that pre-trial detention be limited to not more than 2 years after initial admission, “without such matter having been brought before the attention of the court (Section 9 of Correctional Services Amendment Act 5 of 2011), but remain concerned with those who continue to wait while there are delays to implementation of the law. Urgent attention should be given by the DCS to review those in remand detention for over 5 years.
5. On page 30 of the JICS report it was encouraging to see that the DCS during 2011/12 has been focusing on increasing the capacity of correctional centres, rather that increasing the number of correctional centres, which is pleasing to the tax-payer and for the budget. NICRO does not support the building of more correctional facilities, but rather looking at strategies that create alternatives to incarceration for offenders who are not a danger or threat to society.
6. NICRO also supports JICS’s views(pg31), that “simply transferring inmates from overcrowded centres is not always a viable option, as besides inmates not receiving visits, …smaller centres often experience shortages of specialist staff such as nurses, social workers and educators, (and that) this hampers the rehabilitation of inmates.”
7. NICRO also supports JICS’s views (pg32) that, overcrowding not be used as a general justification for “inadequate treatment or undignified conditions of detention. We also agree with JICS that, the standard of liability within the DCS be raised, and that “good governance, accountability and responsiveness are required from decision-makers to achieve constitutionally sound standards of detention.

INSPECTIONS AND INVESTIGATIONS

1. The JICS Annual report 2011/12 showed that 30% of our correctional facilities were inspected over this period. It was good to see that the JICS 72 inspections were scattered across the country (pg33).  We are not sure if this represents a good standard, as many centres were not visited. We are also curious as to what the criteria are in choosing a site for inspection?
2. It was no surprise that one of the main problems encountered by JICS during their inspections was the issue of staff shortages, which is a grave concern for the DCS, and a huge stumbling block in moving forward. This issue has to be looked at with urgency, from a security and rehabilitation perspective. Vacancies need to be filled. NICRO is not sure whether increasing the post establishment in all instances is necessarily the right way to go, but that the DCS also look at innovative partnerships with CSO’s, and involvement of inmates in self-sufficiency projects.
3. It is also concerning that maintenance of centres (42%) due to unreasonable delays by Department of Public Works, and poor quality of work of contractor; and staff shortages with respect to medical staff is some of the main problems (pg34). Segregations not reported, even though this is mandatory (11%); mentally ill being held in communal cells (8%); maintenance in the kitchen (7%) and staff shortages of educators; and not having a death register (6%) are also just as concerning and help the Committee identify priority issues for monitoring.
4. It is also very concerning that staff shortages of professionals in the medical, social and educational fields are not at optimal levels, and is said to impacts assessments of inmates on admission, resulting in many of them only receiving treatment and services on request (pg35). This compromises rehabilitation chances of the inmates and having a clear plan on what to do with each inmate. This encourages a warehousing model that is totally unacceptable, which is far from meeting the policy ideals of the White paper in support of rehabilitation.
5. JICS investigations revealed gross human violations and the lack of respect for the rule of law in our Correctional centres is gravely concerning (pg36). Further, investigations revealed: (a) allegations of assaults of officials on inmates; (b) arson and subsequent death of 3 inmates; (c) arson and riots; (d) allegations of rape and torture of inmates by officials; and (e) unnatural deaths.  Section 12(1) (c) (d) (e) states that everyone has the right to freedom and security of the person, which includes the right not to be tortured in any way; and not to be treated or punished in a cruel, inhuman or degrading way.

COMPLAINTS

1. It is very concerning to hear that 71% of inmate complaints (pg37) were regarding assaults by an official on an inmate. We support JICS that assaults on inmates by officials can involve abuse of power and may quality as torture (pg40). According to JICS the allegations at Tswelopele(Kimberly), Pretoria Local, Pretoria Central, Pretoria Female, Johannesburg, Barbeton town, Fauresmith, and Brandvlei(Worcester) amounted to acts of torture as defined n the Prevention and Combating if Torture of Person’s Bill. Besides this issue being a grave international human rights violation, there is also huge risks for litigation, which impacts the budget year in and year out, and that must be dealt with urgency. Regarding this it is imperative that the Preventing and Combating of Torture Bill that recently held Public hearings be finalized. The nature of the “torture” is of serious concern as we should be asking why this is this happening? What are the root causes? Hence serious attention needs to be given to the actual officials who conduct these gross human violations. Officials should not just be sentenced, but assessed and be rehabilitated through suitable programming. Also the inappropriate “use of force” among police and correctional officials (50 reported pg59 of JICS Annual Report 2011/12) is an area of concern. Further, JICS reported that the data suggests that the DCS is slow in taking disciplinary action against officials in these matters (pg42), which is even more concerning. Only one incident was reported to have led to a disciplinary action.
2. NICRO would like to draw the Committee’s attention to the Correctional Services Act 111 of 1998, Section 43(1), that states that, “a sentenced prisoner must be housed at the prison closest to the place where he or she resides after release, with due regard to the availability of accommodation and facilities to meet his or her security requirements and with reference to the availability of programmes.  YET, the JICS report states that the issue of transfer to be the most frequent complaint of inmates (pg38), particularly with 60% of inmates requesting to be closer to their families, and unwanted transfers as a result of no education facilities, rehabilitation programmes, unfair treatment or poor conditions of detention at the centre they were transferred to.
3. Parole processes and releases being delayed as a result of inmates not completing certain programmes on time are unacceptable. If there is a Correctional Sentencing plan in place, these programmes should all be completed well before the date for eligibility of parole arrives. It is not the inmate’s duty to complete his programmes, should this not be the responsibility of the case manager allocated to the inmate??? If the inmate has not completed these programmes then it is the case manger that must be held responsible??? NICRO’s experiences are that just before the parole date comes around or even shortly after inmates are scrambling around to complete programmes. This shows a very poorly managed process and the DCS must be held accountable for this.
4. Medical release complaints have increased from 822 in 201/11 to 851 in 2011/12.(pg43); 44202 inmates complained about transfers, which appeared to have increased by close to 200 from 2010/2011;
5. Legal representation complaints were also extraordinarily high with 33 866 inmates complaining. Although not specifically mentioned in the JICS report, we have found that the majority of these complaints to be regarding the Legal Aid South Africa service, that appears to be inadequate at this stage.
6. It is also concerning that complaints regarding families are recorded by 55,995 inmates. Yet, family contact is considered by evidence based practice literature to be a key factor to successful rehabilitation, and reintegration.
7. According to the JICS Annual Report (pg43), inhumane treatment complaints in our DCS facilities have appeared to increase from 5841 to 7188; and conditions in correctional facilities complaints increased substantially from 15736 in 2010/11 to 25419 in 2011/12.
8. NICRO has also raised the issue of the DCS not making optimal use of its role in the conversion of sentences of inmates in its DCS Annual report submission, which was also recorded as a complaint by 3637 inmates.
9. Health care complaints continue to be a concern, and as the JICS 2011/12 Annual Report reveals, these complaints have increased exponentially since 2007. In this year 34202 complaints according to JICS were health care related, which is of grave concern, and in violation of legislative and policy imperatives put in place by the Correctional Services Act, the Constitution of the Republic of SA, and the White Paper on Correctional Services. Health care challenges identified by Heads of Correctional centres was (a) absence of medical facilities; (b) no nurse or doctor at these correctional centres; and (c) challenges experienced in receiving medication and a shortage of medical personnel(pg44). Other concerns were that in some centres there was no complaints registers at the prison hospitals. Of grave concern was that with regard to medical emergencies, 32% said there were no medical personnel on stand-by duty who lived on the premises, which are likely to result in deaths of inmates. 35% centres did not have compliance certificates and 43% -dysfunctional medical equipment (p49). 54& of inmates did not receive treatment immediately. In some instances doctors never visited the centres in the past three months (at 17 of 186 correctional centres surveyed) and the average was once a week (pg48). Regarding inmates being medically examined on admission, 38% were not examine within 24 hours of admission; 29% not informed of their rights to health care and 54% did not receive immediate treatment. 138 unsentenced inmates were referred to the psychiatric hospital for observation (pg47). According to JICS this constitutes a serious breach of the DCS policy (pg50). We support JICS recommendation that medical vacancies are filled and doctors visits be monitored, and that all the other challenges identified through the survey be monitored by this Committee, and that Health care in Correctional centres received serious attention.
10. Regarding unnatural deaths, NICRO would like to draw the Committee’s attention in the Annual Report, in particular to the issue of suicides of inmates, which happened during lock-up (pg52), which NICRO raised in the DCS Annual Report submission which must be addressed by this Committee.
11. Another area of concern regarding natural deaths was the report that some may be caused as a result of physical assault, particularly the deaths as a result of acute renal failure (pg55).

CONCLUDING REMARKS

Overall NICRO is pleased with the JICS report and look forward to deliberating with the committee, DCS and other stakeholders on practical solutions to the key concerns raised in the report.

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The report looked at the incarceration trends in the USA and found an increase in the state prison population between 1972 and 2011 of more than 700%. Annual state spending on corrections exceeds $51b. The Pew report examined whether there were any clear returns, either in costs or public safety to this increase in people behind bars. They found no positive effects in terms of reoffending through keeping inmates in prison for longer. Other researchers have found an increase in the likelihood of reoffending amongst offenders released from long prison sentences. In South Africa, sentences of between 5-20 years have increased between 19% and 361% since 1995

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