GREEN PAPER ON
CORRECTIONAL SERVICE
IN SOUTH AFRICA
Presented by DCS to Portfolio
Committee Workshop
February 2003
AIM OF PRESENTATION
• To share understanding of challenges in
developing a Green Paper
• To engage with Portfolio Committee on
issues to be addressed in Green Paper
• To engage on definitions of programmes
developed in updated Strategic Plan
OUTLINE OF PRESENTATION
 Mandate Analysis
 Gap Analysis - 1994 White Paper,
Constitution, Correctional Services
Act & policies
 Rehabilitation service delivery areas
& proposed 6 programmes
 Framework for Green paper
 Proposed project plan
DCS VISION
• To be one of best in world in
delivering correctional
services with integrity &
commitment to excellence.
DCS MISSION
• Placing rehabilitation at center of all DCS
activities
in
partnerships
stakeholders, through:
with
external
– integrated application & direction of all DCS
resources to focus on correction of offending
behaviour, promotion of social responsibility & overall
development of person under correction;
– Cost effective provision of correctional facilities that
will promote security, correction, care & development
services within enabling human rights environment;
– Progressive & ethical management & staff practices
within which every correctional official performs
effective correcting & encouraging role.
MANDATE ANALYSIS
• Policy perspective of DCS informed by
– Constitution,
– Bill of Human Rights and
– Purpose of correctional system
outlined in s(2) of Act 111 of 1998,
– Policy and legislation of other
relevant Government Departments,
particularly IJS depts
IMPACT OF 1996 CONSTITUTION
• Silence of Constitution on Correctional
system and philosophy of correctional
service
• Bill of Rights defines human rights
environment that DCS operates in
• Silence on relationship between justice
system & prison/corrections environment
• Defines corrections as singular national
competency
• Does not and should not address
structures of individual depts
ALIGNMENT GOVT DEPT POLICY
• Identify specific non-alignment in policy
development processes, particularly re:
– DCS Policy Coordination & policy liaison
through JCPS, Social Sector & IRPS Cluster
processes
– Good Governance & Administration
– Building Services & Asset Maintenance with
DPW policy & procedures and National
Treasury regulations
– Communications strategy
– Public Finance Management
GAP ANALYSIS 1994 WHITE PAPER
• Style Of 1994 White Paper - too specific
with details on time frames, figures &
reference to geographical areas
• Introduction grossly inadequate in
contextualising correction in:
– integrated criminal justice in South Africa &
– in African Renaissance & SADC restructuring
GAP ANALYSIS 1994 WHITE PAPER
• Defined core business as safe custody &
humane treatment of offenders in line
with Constitution
• Surpassed by placing rehabilitation at
center of DCS core business, &
conceptualising rehabilitation as desired
outcome of both
– key service delivery areas in DCS &
– community & societal involvement in social
crime prevention & moral regeneration
GAP ANALSYIS – ACT 111
• Inadequate attention in relation to:
– policy on offender labour
– delegation of powers, policy compliance,
internal service evaluation,
– compliance with Public Finance Management
Act provisions - internal auditing processes
– building of facilities, evaluation methodology,
unsolicited bids, and PPPs
– Appropriate human resource provisioning and
retention strategy - definition of professionals
– promotions & human resource maintenance
policy
GAP ANALYSIS 1994 WHITE PAPER
• Definition of terminology for DCS
specific environment
• Security/civilian/military character of
Department in line with RDP & RDP
White Paper
• Classification of prisoners comprehensive instrument to enable
needs based rehabilitation.
GAP ANALYSIS 1994 WHITE PAPER
• Major policy gap re Awaiting Trail
Prisoners - JCPS process to fill policy
gap
• Accommodation of offenders programme towards compliance with
international minimum norms &
standards.
• Health Policy - silent on issues of
comprehensive health care, Primary
Health Care, Aids Policy, , etc.
• Range of subordinate policies to be
aligned.
CCO
CC
CC
Development
CCO
CCO
Correction
Facilities
Person under
Correction
CC
CC
Care
After Care
CCO
CCO
Security
CC
CCO
CC
SERVICE DELIVERY
RANGE
SENTENCE
PLAN
DEPARTMENTAL RESPONSIBILITIES
Management
Information Flow
Training &
Development
Facilities
Recruitment
& Induction
Maintenance
Correctional
Official
After Care
EXTERNAL RELATIONSHIPS
Parliamentary
Legislative
Structures
International
Relations
Community
Family
CBOs, NGOs,
FBOs
DCS
Educational
Institutions
Other State
Depts
Private Sector
Social Sector
Cluster
Criminal Justice
Cluster
DEFINITION OF CORRECTIONS
• Refers to all those services aimed at
assessment of security risk & criminal
profile of individuals under correctional
supervision based on their social
background & developing correctional
sentence plan targeting all elements
associated with offending behaviour/s.
Initial focus will be to target actual offence
for which a person will have been
convicted & sentence to community
correctional supervision &/or remand in a
correctional center &/or placed on parole.
DEFINITION OF DEVELOPMENT
• Refers to all those services aimed at
development of competency through
provision of social development &
consciousness, vocational & technical
training, recreation, sports & opportunities
for education that will enable offenders to
easily reintegrate in communities & serve
as productive citizens.
DEFINITION OF SECURITY
• Refers to all those services rendered by
Department aimed at ensuring provision of
safe & healthy conditions for all persons
under its care in conditions consistent with
human dignity, while providing protection
for its personnel, security for
public
against persons under its care, as well as
safety of persons under its care.
DEFINITION OF CARE
• Needs
based
services
aimed
at
maintenance of well being of persons
under departmental care; providing for
physical well-being, nutrition, social link
with families & society, spiritual & moral
well-being, psychological well-being &
health care.
DEFINITION OF FACILITIES
• Refers to all physical infrastructures
provided by Department for those
legally entrusted to its care as well as
to personnel, aimed at ensuring
availability of minimum facilities
requirement pursuant to rehabilitation
responsibilities & objectives.
DEFINITION OF AFTER CARE
• Refers to all services focused on
persons under care of DCS in
preparation for completion of
sentences, to facilitate social
acceptance & effective reintegration
into their communities.
GREEN PAPER FRAMEWORK
MANDATE ANALYSIS
• Constitution Act 108 of 1996
• Correctional Services Act, 111 of 1998
• JCPS Policy Framework
• Social Sector Policy Framework
• IRPS Policy Framework
• South African Government foreign policy
and multilateral relations
• Policy imperatives from other
Departments
STRATEGIC DIRECTION OF
CORRECTIONAL SERIVCES
• Vision and Mission
• Civilian security nature of DCS
• Organisational culture
• Principles Of Correctional
Management
•
– Unit Management
– Restorative Justice
– Humane Incarceration
– Human Rights Culture
Core Business Of DCS
DEFINITION OF TERMS AND CONCEPTS
OFFENDER MANAGEMENT
Security classification for rehabilitation
• Analysis driven corrections programmes
• Needs based development programmes
• Services to awaiting trial detainees
• Services to sentenced offenders
• Parole system
• Services to parolees
• Services to probationers
• Offender labour
FACILITIES PROCUREMENT AND
MANAGEMENT
• IJS Facility planning
• Facilities procurement
• Facilities management
HUMAN REOUSRCES MANAGEMENT
• Human resource provisioning
• Equity
• Human Resource Development
• Career Management
GOVERNANCE AND ADMINISTRATION
• Power and Functions of the Executing
Authority
• Powers and Functions of the Commissioner
• Good Governance (Service Evaluation)
• Roles and responsibilities of Judicial
Inspectorate
• Roles and responsibilities of National
Council for Correctional Services
• Roles and responsibilities of social
partners
PROJECT PLAN
• Conduct situation analysis to determine any
•
•
•
•
•
•
•
•
•
•
policy gaps
Compile framework of Green/White Paper
Consult with internal stakeholders
Consult with external stakeholders
Compile final draft Green Paper & submit
recommendations & approval
Approval of Green Paper
Public Hearings
Popularise Green Paper
Start writing of White Paper
Submit White Paper for Approval
Legislative Review Process (if necessary)
CONCLUSION
• Entire White Paper needs to be completely
overhauled.
• 1994 White Paper was a transitionary
document - an immediate response to
new post 1994 democracy
• Has been bypassed by policy development
in Constitution, Correctional Services Act,
& DCS policy.
CONSTITUTION
WHITE PAPER
LEGISLATION
REGULATIONS
SERVICE
DELIVERY RANGE
POLICY
STRATEGIC PLAN
STRUCTURE
BUSINESS
PROCESSES
BUDGETING
A ORDER
SUBORDINATE
POLICIES
VISION & MISSION
PROGRAMMES
B ORDER
SYSTEMS
ADMINISTRATIVE
PROCEDURES
OPERATIONAL PLANS
ACTIVITY PLANS
INSTITUTIONAL ORDERS
HUMAN
RESOURCE
PROVISIONING
DCS HIERARCHY OF IMPERATIVES
POLICY PROCESS
DRAFT POLICY
DEVELOPMENT
Driven within
Department but with
inputs from various
role players –
Portfolio
Committee, Cluster
Committees,
Minister, External
stake holders,
international
experience
DRAFT POLICY
CONSULTATION
PROCESS
Driven by
Ministry as
consultative
process with
Department
presenting draft
policy on behalf
of Minister
POLICY
APPROVAL
PROCESS
Driven by
Commissioner on
behalf of Minister at
DG level, & by
Minister through
Cabinet Committee
& Cabinet levels.