Department of Correctional Services Annual Report 2008

DEPARTMENT OF CORRECTIONAL SERVICES

ANNUAL REPORT 2008-09

28 October 2009

1

CONTENTS

 Part 2 – Programme Performance o Overview of service delivery – 08/09 o Strategic Overview and Key Policy Developments for the 2008/09 o Programme Administration o Programme Security o Programme Corrections o Programme Care o Programme Development o Programme Social Reintegration o Programme Facilities

2

CONTENTS

 Part 4 – Audited Financial Statements o National State of Expenditure – 31 March 2009 o Comments on the National State of Expenditure – 31

March 2009 o State of Expenditure per Programme – 31 March

2009 o Report of Auditor-General of South Africa o Progress on 2007/08 Qualification

 Conclusion

3

PART 2

PROGRAMME PERFORMANCE

4

Overview of service delivery 08/09

 Priority projects o Project Management Framework developed to ensure accountability, allocation of resources and effective reporting processes

 Monitoring and Evaluation o Performance measurement developed with clear indicators to be delivered on in the medium term

 Budget reductions o Planning, Resourcing and Reporting Coordinating

Committee established to address challenges regarding budget reductions over time

5

Overview of service delivery 08/09

 Changes in Senior Management o Deputy Regional Commissioners had increase in workload due to suspension of some senior managers

 Relations with labour o Protracted process in finding common ground with organised labour on implementation of Occupation

Specific Dispensation

6

Strategic overview and Key Policy Developments

 Human Resource Development o Leadership development training for senior managers provided o Middle managers subjected to Management

Development Programme

 Strategic Human Resource Management (SHRM) o SHRM strategy developed to ensure that strategies are appropriately resourced

 Amended Correctional Services Act o Finalisation and approval of amended Correctional

Services Act an important milestone

7

Strategic overview and Key Policy Developments

 Management of Remand Detention o DCS mandated to take the lead in ensuring an effective system for the management of remand detainees

 Progress on Construction and Upgrading of Facilities o Significant progress with the Kimberley facility o Progress with upgrading of three other facilities, i.e.

Brandvlei, Van Rhynsdorp, Ceres o Saving energy played an important role in the upgrading of Brandvlei and Van Rhynsdorp o Brandvlei – hot spring used for heating water for the facility o Van Rhynsdorp – solar panels used for heating water o Significant savings expected over time due to these environmental considerations 8

PROGRAMME ADMINISTRATION

 886 contracts to the value of R 1, 148 billion awarded o 743 with a value of R1,112 billion awarded to historically disadvantaged individuals

 Guideline to deal with fruitless and wasteful expenditure implemented

 Six (6) cases of irregular expenditure reported

 Asset verification process completed in February 2009

 Matters of qualifications reduced by 75% as the Audit

Report of 2006/2007 had four (4) qualifications while the

Audit Report of 2007/ 08 had only one (1) qualification

9


 No qualifications on accruals in the Audit Report for

2007/08

 Correctional Services Amendment Act no 25 of 2008 promulgated on 11 November 2008

 Date of commencement of the amendment act not yet promulgated

 94 legal opinions

 804 litigation cases handled o claims = 175 o motions = 235 o arbitrations = 394

10


 247 corruption cases reported o 104 cases closed o 28 cases referred to Code Enforcement o 53.44% cases investigated o 46.66% still under investigation

 13 workshops focusing on ethics in supply chain operations held nationally with 448 officials attending

 Sanctions imposed o 17 cases carried over from previous financial years (13 officials dismissed from these 17 cases) o 39 cases finalized with 13 officials being dismissed o 4 cases withdrawn before the hearing due to lack of evidence

11

PROGRAMME ADMINISTRATION o 5 acquittals o 18 cases in progress o 350 officials implicated in medical aid fraud to pay back R6 354 100 and were given final written warnings o 6 Training workshops held nationally with 155 officials trained as Chairpersons / Initiators

 Departmental Bargaining Chamber (DBC) in support of the amendments proposed in Performance and Career

Management Policy – Based on this Resolution 1 of 2008 was negotiated and signed with labour unions

 Gender Strategy and Implementation Plan developed and communicated to the Gender Forum and the National

Employee Equity Committee (NEEC)

12


 4713 officials inducted on mainstreaming of gender equality within the Gender Empowerment Strategy

 PALAMA facilitated training of a further 23 officials on gender mainstreaming

 Average turnaround time for the filling of vacancies increased to 210 days

 Average percentage of vacancies for scarce skills is 38% o Medical Practitioners: 20% o Pharmacists - 42% o Psychologists - 68% o Social Worker: 34% o Nurses: 26%

13


 External service provider appointed to conduct the baseline organisational culture survey

 Change management intervention plan not developed – awaiting outcome of the culture survey

 OSD for Nurses o 736 professional nurses were translated to the OSD for Nurses

 OSD for Social Workers o 13 Job Descriptions developed - 7 graded for this OSD through the National Department of Social

Development.

o OSD costed - figures submitted to DPSA and National

Treasury o OSD not implemented - agreement still negotiated in

GPSSBC

14


 OSD for legally qualified personnel in process of being approved

 OSD for Artisans and Engineers o Inputs have been provided to DPSA with regard to the costing of the OSD to enable a submission to the

Mandating Committee

 791 Interns appointed instead of 5% of total establishment

- financial constraints

 659 junior and middle managers completed junior and middle management training

 134 senior managers trained

 534 investigators trained

 310 officials trained in Restorative Justice

 17 food handlers trained

15


 2436 entry level officials trained

 National Relationship Building by Objective (RBO)

Monitoring Committee established

 Design phase of the Remand Detainee and Offender

Management System completed

 Tender awarded to service provider for development of

Remand Detainee Offender Management System

(RDOMS)

 Integrated Corporate Services System (Project Phetogo) equipped

 Integrated Legal System (Lesedi 2) (Code Enforcement and Employee Relations) is operational

Integrated Legal System (Lesedi 3) (Legal Services)

System complete and training undertaken

 An overarching DCS communication strategy has been approved 16


 Performance indicators developed in line with FMPPI and submitted to National Commissioner for approval

 Project Management Guidelines available

 Project Management procedures and Project Portfolio

Management procedures submitted for approval

 Regional Commissioner's Forum (RCF) Charter approved

 RCF reporting framework developed

 Planning and Reporting Forum established with Chief

Deputy Commissioners (CDCs) and Regional

Commissioners (RCs)

 Compliance Improvement Plan (CIP) implemented inspections conducted on existing CIP 17


Reasons for Major Variances

 Moratorium on filling of posts 1 August 2008 - momentum in reducing vacancy rate could not be sustained

 Moratorium on the filling of non-critical posts from 1

August 2008 to mitigate against the over expenditure that was foreseen - largely emanating from implementation of

PSCBC Resolution 1 of 2007 with respect to the payment of overtime

 Average vacancy rate in scarce skills category below the service delivery target of 50% - attributed to effective counter offer and head hunting strategy and implementation of OSD for Nurses

 There are occupational categories that remain a challenge e.g. Psychologists and Pharmacists where more needs to be done to make the remuneration offered more attractive

18



 Compensation still primary reason for voluntary exits in addition to the challenges associated with correctional centre working environment

 Challenge with implementation of OSDs o Lack of funds to implement OSDs o Lack of agreement with labour on principles of OSD agreement o Absence of clarity regarding middle management nurses o No signed resolution on the OSD for Social Workers

 Department of Health issued letter stating all OSDs which fall under Public Health Social Development Sectoral

Bargaining Council (PHSDSBC) must be kept on hold until 2009 / 2010 - no funds allocated in financial year of reporting 19



 Change of leadership delayed process of establishing professional body for Corrections

 Delay also caused by change in legislation (NQF

Framework Act)

20

PROGRAMME : SECURITY

 Current policies and policy procedures available and implemented in all Management Areas

 Inspection reports on compliance levels available

 4.1 inmates per 10 000 inmates escaped against the target 4.8

 83 inmates per 10 000 inmates assaulted against the target of 92

 3.9 unnatural deaths per 10 000 inmates - higher than the target of 3.5

 X-Ray scanners at 66 sites and access control systems and security fences at additional 8 sites not installed -

Non compliance by service provider

 Behaviour modification programme not completed

21

PROGRAMME : CORRECTIONS

 Thirty (30) chapters in old B-Order (covering all administrative actions from admission to release) converted into Procedures and submitted for approval

 DCS Policy procedures on Unit Management, Case

Management Committees as well as Registration and

Voting by inmates developed, approved and disseminated to Regions

 All COE's and 51 other Correctional Centres implementing Structured Day, three meal system and

Unit Management - degree of implementation and compliance varies across Correctional Centres

 146 393 offenders involved in work opportunities against target of 108 000

 60543 offenders participated in correctional programmes against targeted 15 704 (30%) - partly a result of service providers - 21 organisations including NGOs, CBOs and

FBOs are providing programmes

22


 Average population level - 143%

 Personal tracking devices not installed in 12 facilities due to poor procurement process

 Video installation project delayed due to identification appropriate facilities in sites (Confirmation and upgrading)

 Virtual courts operational in two Correctional Centres -

Durban Westville and St Albans

23



 Variance in implementation of unit management and three meal system over weekends due to human resource constraints - will be addressed by implementation of 7 day establishment system

 Sites to be upgraded

 Budget constraints regarding delivery on video postponement project

24

PROGRAMME : CARE

 116 115 offenders participated in Social work sessions higher than 101 000 target

 More than 168 784 spiritual care sessions conducted against 166 000 target

 Comprehensive HIV and AIDS programmes and services implemented in 50% of the Management Areas

 72 746 offenders participated in HIV and AIDS sessions against the 19 500 target

25



 Social Work Services: Target of 101 000 sessions exceeded due to commitment of personnel and involvement of external service providers in service delivery

 Spiritual Care: Actual achievement of 168 784 exceeded target of 166 000 sessions, due to appointment of seven new Chaplains in Regions and training of Spiritual Care

Staff on policies, procedures and services level standards

26



 Psychological Services: Target of 10 500 offenders seen by psychologists not achieved due to resource constraints - number of psychologists dropped from 33 in April 2008 to 22 in March 2009 o Six resignations o Five completion of community service

 Health Care Services: Health survey not conducted financial constraints

27

PROGRAMME : DEVELOPMENT

 15130 offenders participated in Formal education programmes against target of 22 000

 108887 offenders participated in SRAC programme against target of 116 600

 Total national enrollment per subject on the new curriculum – National Certificate (Vocational) – 5 730

 Offenders utilized in Production Workshops April - Feb.

2009 - on average 1834 offenders per day - decrease of

33,1% on May 2005 baseline of 2 741 offenders per day

 Agriculture - average of 2 960 offenders per day April -

Feb 2009 - increase of 19,7% over the baseline of 2 471 of May 2005

 Generated cash income from sales of superfluous agriculture and production workshop products for

2008/2009 financial - R3 330 684 (124,44% of the baseline)

28



 Wood and steel workshops exceeded targets operational managers registered low needs during the needs registration process - caused large quantities of unscheduled work

 Attainment of the egg production - problems with supply of lay hens solved - units were stocked according to their capacities

 Decrease in number of offenders utilized in production workshops caused by vacant artisans posts

 Bakery at Baviaanspoort not functioning during financial year due to upgrading and consequential problems experienced with purchasing of electrical cable

 Vegetable production negatively influenced by excessive autumn rains in summer rainfall areas as well as abnormal winter rains in Western Cape

29



 Broiler production adversely affected - Zonderwater broiler project not successful in obtaining tender for supply of day old broilers - tender only finalized in

November 2008

 Funds shortage - Processable Materials, Plant

Production and Animal Production

 Problems experienced on operational level with the implementation of LOGIS (the new logistics system) impacted negatively on provisioning of raw materials/production inputs

 Fertilizers, seeds, pesticides and vaccines could not be procured timeously - impacted on production

30



 Correctional Services embarked on Mass literacy drive in partnership with Department of Education - Kha Ri

Gude project, READUCATE and National Youth Services

- to improve literacy levels of offenders - Offender participation in Pre-ABET and ABET L 1- 4 increased

 Computer Based Training Centres ensured that DCS begun to empower offenders with ICT skills which are normally easily marketable for employment opportunities

 National Curriculum Statement (NCS) resulted in decrease in enrolment figures - DCS Centres do not meet the requirement as set by the DoE as full time schools

31



 Migration of educators from DCS to DoE due to salary imbalances - impacted on DCS human resource capacity especially Mathematics and Physical Science

 Number of learners enrolled for Higher Education and

Training decreased - financial constraints - learners do not have financial aid or bursaries

 Relocation of offenders resulted in a large drop out rate many could not write final examinations

 Many offenders were interested in the newly introduced

National Certificate (Vocational) and moved from Formal

Education to Skills Development to enroll for the said programme. This programme enhances the learners’ chances of employment

 Better and effective marketing of skills development programmes through monitoring and evaluation visits

32



 Joint implementation approach on NC(V) by both Skills development practitioners and Formal Educators

 Introduction of new skills programmes: New Venture

Creation and SMME funded by SASSETA

 Provision of resources for the new curriculum - National

Certificate (Vocational)

 Implementation of new programmes - boxing, golf, new categories of soloists in choral music- lot of interest from offenders

 Partnerships entered into with SANABO, Golfwise and

SACMA

 Target for Sport, Recreation, Arts and Culture (SRAC) not achieved - under reporting by regions - shortage of

SRAC personnel - lack of skilled personnel - shortage of funds - SRAC programmes performed as ad hoc tasks lack of infrastructure

33

PROGRAMME : SOCIAL REINTEGRATION

 Correctional Supervision and Parole Boards (CSPB) considered 47 362 submissions and approved conditional placement in 22 252 cases (46,98%)

 17 cases referred for review

 Decision of CSPB was cancelled in 8 (61,5%) cases and confirmed in 5 cases

 4 decisions still outstanding from the Review Board

 12 296 cases where minimum detention date expired and no recommendation for parole made by CMCs to

Parole Boards

 10 966 violations against target of 10 780 - target not met

 1 664 absconders for financial year

 223 community service orders implemented

 Guidelines for partnerships with service providers developed

34

PROGRAMME : SOCIAL REINTEGRATION


 Implementation of alternative strategies to incarceration dependent on other stakeholders - impacts on targets set

 Significant advancement made in obtaining cooperation and buy in from relevant stakeholders

35

PROGRAMME : FACILITIES

 Dependent on Department of Public Works (DPW) to finalize service delivery standards which informs the service level agreement

 DPW appointed consultants to undertake the viability studies for Leeuwkop and Pollsmoor

 58 projects under construction, 12 on tender and 14 under planning

 Project funds allocated by DPW – Impact on progress

36

PART 4

AUDITED FINANCIAL STATEMENTS

37

NATIONAL STATE OF EXPENDITURE FOR THE YEAR

31 MARCH 2009

Budget allocation

Less: Expenditure

Total over-expenditure

Percentage spent

R'000

12,338,820

12,822,641

(483,821)

103.92%

38

COMMENTS ON THE NATIONAL STATE OF EXPENDITURE

FOR THE YEAR PER PROGRAMME: 31 MARCH 2009

• final overall expenditure 31 March 2009 - 103.92%

• General over-expenditure for 2008/09 financial year mainly due to the following:

– Overtime paid up until March 2009 in line with the

PSCBC Resolution number 1 of 2007

– Budget shortfalls realised on stores items under Goods

& Services

39



 Over-spending on Programme Security o Implementation of Public Service Coordinating

Bargaining Council Resolution 1 of 2007 - provided for improvement in conditions of service o In past - officials compensated for work done on

Saturdays and public holidays by time-off – Resolution 1 of 2007 requires that Department pay officials for work done on saturdays and public holidays in monetary terms

 Over-spending on the Programme Social Reintegration o Implementation of Resolution 1 of 2007 - provided for improvement on conditions of services o In past - officials compensated for work done on

Saturdays and public holidays by time-off - Resolution 1 of 2007 requires that Department pay officials for work



 Under-spending on Programme Facilities o Savings of exclusively and specifically appropriated funds which could not be viremented to other programmes because of the limitations imposed by

Section 43(4)(a) of the PFMA

 Over-spending on Compensation of Employees o Implementation of Resolution 1 of 2007 - provided for improvement on conditions of services o In past - officials compensated for work done on

Saturdays and public holidays by time-off - Resolution 1 of 2007 requires that Department pay officials for work done on saturdays and public holidays in monetary terms

41



 Over-spending on Goods & Services o Budget shortfalls realised on stores items under the

Programme Administration

 Over-spending on Financial Transactions in Assets and

Liabilities o Theft and losses written off in terms of the approval obtained from the delegated authority

 Under-spending under Payments of Capital Assets o Savings of exclusively and specifically appropriated funds which could not be viremented to other

Programmes because of the limitations imposed by

Section 43(4)(a) of the PFMA

42



 Overall over-expenditure incurred in 2008/09 financial year is R483,8 million

 Over-expenditure mainly resulting from payments of overtime made to correctional officials in line with implementation of PSCBC Resolution 1 of 2007

 National Treasury informed in advance of the overexpenditure

 Various measures put into place to minimise overexpenditure such as placing moratorium on filling of posts and downscaling of payments of performance bonuses

43

STATE OF EXPENDITURE PER PROGRAMME FOR THE YEAR:

31 MARCH 2009

Programme

Administration

Security

Corrections

Care

Development

Social reintergration

Facilities

Total

1,705,049

12,338,820

1,702,878 99.87%

12,822,641 103.92%

2,171

-483,821

44

STATE OF EXPENDITURE PER PROGRAMME FOR THE YEAR:

31 MARCH 2009

14,000,000

12,000,000

10,000,000

8,000,000

6,000,000

4,000,000

2,000,000

0

Administration Security Corrections

Budget R'000

Exp to date R'000

Care Development Social reintergration

Facilities Total

45

NATIONAL EXPENDITURE PER GFS CLASSIFICATION AS AT 31

MARCH 2009 : 2008/2009 FINANCIAL YEAR

GFS Classification

Budget

R'000

Exp to date

R'000

% Spent

Variance

R'000

Compensation of Employees

Goods & Services

Financial Assets & Liabili.

Interst & Rent on land

Transfers & Subsidies

Payment for Capital Assets

Total

7,616,225 8,077,840 106.06% -461,615

3,522,891 3,544,946 100.63% -22,055

0

41

2,335 0.00%

41 100.00%

-2,335

0

38,922 38,922 100.00%

1,160,741 1,158,557 99.81%

0

2,184

12,338,820 12,822,641 103.92% -483,821

46

STATE OF EXPENDITURE PER GFS CLASSIFICATION FOR

THE YEAR: 31 MARCH 2009

14,000,000

12,000,000

10,000,000

8,000,000

6,000,000

4,000,000

2,000,000

0

Compensation of

Employees

Budget R'000

Exp to date R'000

Goods &

Services

Interst & Rent on land

Transfers &

Subsidies

Payment of

Capital Assets

Total

47

REPORT OF AUDITOR-GENERAL SOUTH AFRICA

 Qualification on: Moveable tangible capital assets o Lack of audit evidence on current year’s adjustments to opening balance to the value of R264 million o Additions per annual financial statements does not equal additions per fixed asset register – difference of R344 million o Unable to confirm existence and valuation of assets

 Qualification on: Moveable tangible minor assets o Unable to confirm if minor assets to the value of R38 million are recorded at the correct amount in asset register

 Emphasis of matters on: Unauthorised expenditure o Overspending of the vote by R483 million

48

REPORT OF AUDITOR-GENERAL SOUTH AFRICA

 Non- compliance with laws and regulations o Correctional Services Act - correctional centres are overcrowded o Public Service Act - HR plan not updated

 Auditing of performance information o Non compliance with regulatory requirements (AOPI)

49

PROGRESS ON 2007/08 QUALIFICATION

 Qualification on: No sufficient appropriate evidence in respect of adjustment of R805 million made to the opening balance of machinery and equipment o Action plan compiled to address findings of the Auditor-

General o LOGIS implemented (at all correctional centres and offices) - possible to trace all adjustments made on the asset register o Copies of documents relating to all adjustments made to asset register sent to Head Office for audit purposes filed to ensure availability of documents when needed by

Auditors

50


 Qualification on: No reconciliation was provided for the difference of R32 million on machinery and equipment between expenditure report and additions on asset register o Guideline on asset reconciliation on LOGIS were developed - 379 officials trained on asset reconciliation on new system o Asset reconciliation performed on a monthly basis by all centres and offices o Department currently addressing problems of delays in rectifying discrepancies identified during asset reconciliation

51


 Qualification on: There is a difference of R108 million between amounts reflected on the closing balance of the tangible capital assets between the financial statement and fixed assets register due to the fact that the fixed asset register system that depreciated asset while the amount in note 29 excludes depreciation o The department has replaced all the old systems which were depreciating assets with LOGIS. This new system does not depreciate assets which is compliant to the

National Treasury requirements

52

CONCLUSION

 2008/09 financial year posed number of challenges to

Department: o Overcrowding of correctional centers - impacts negatively on service delivery o Shortage of funds severely impacted on implementation of biometric security infrastructure o Lack of stability at senior management level o Medical Parole

 Department tried to deal with these challenges as effective as resources allowed it to do

 Amidst challenges – also successes: o Continuous down management of escapes o Significant progress with implementation of unit management o Significant improvement in delivery of social work services to offenders 53

Together doing more & better to break cycle of crime

54

Department of Correctional Services Annual Report 2008

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