summary of the green paper

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SUMMARY OF DCS GREEN
PAPER
Presentation to the
Portfolio Committee on
Correctional Services
1. MOTIVATION FOR NEW
WHITE PAPER
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Based on 1993 Interim Constitution did not benefit from 1996
Constitution, 1998 Correctional Services Act
Is not aligned with key current Government Policies e.g. corrections
in African Renaissance, & restructuring of SADC
Not aligned with PFMA & range of other Public Service Regulations
Inadequate understanding of causes unique nature of crime in SA,
& place this understanding within correction & rehabilitation
framework
Does not provide adequate guidance & direction to long-term
departmental policy practice & development
Does not address rehabilitation & correction as societal
responsibility
Silent on Department’s contribution towards community & societal
involvement in social crime prevention & moral regeneration
1. MOTIVATION CONTINUED
 Does not provide adequate on Health Care Policy
 Does not adequately address issue of awaiting trail –
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detainees
Does not align Department’s hierarchy of imperatives &
promote necessary understanding of how Departmental
policies are shaped & legal/Constitutional framework
within which it is done
Constitution’s definition as Correctional Services as
singular national competency,
Relationship with IJS cluster & Social Sector clusters not
addressed
General lack of consistency in use of & understanding of
terminology & definitions such terminology is user-friendly
& consistent with philosophy of corrections
2. HISTORY
OF TRANSFORMATION :
PERIOD BEFORE DEMOCRATIZATION
IN 1993
 Predominant focus on safety & security & not
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rehabilitation.
Militarization became so imbedded & significant within its
organizational culture & operations over many years.
Rehabilitation failed to be given central attention.
Human rights took many years of external pressure &
ultimately advent of democracy in 1993, to be given
primary status.
Closed prison culture evolved over many years.
Overcrowding is not present day phenomenon but
reality that prison administrators had to deal with already
since early 1900’s.
Early history of South African Correctional System.
2. TRANSFORMATION : PERIOD 1993
UP TO 2000
 Critical events in period:
 introduction of human rights culture brought about
by 1993 Interim Constitution
 alignment of Department with human rights
culture
 appointment of Inspecting Judge
 approval of National Crime Prevention Strategy in
1996
 demilitarization of Department of 1 April 1996
 Other developments of new Constitution in
1996, Bill of Rights & new Correctional
Services Act in 1998
2. STRATEGIC REALIGNMENT OF DEPARTMENT OF
CORRECTIONAL SERVICES SINCE 2000
 Commitment of Department in 2001 to put rehabilitation
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at center of all it’s activities.
Internal strategic planning session in October 2001 which
resulted in adoption of Mvelaphanda.
Unit Management mainstreamed as vehicle for
rehabilitation
Development of “Conceptualizing Rehabilitation” –
document in 2001
Plan to develop corporate culture that will support
philosophy of rehabilitation & correction.
Department to come to some very crucial conclusions in
2003.
Corrections is much more that just crime prevention
2. STRATEGIC REALIGNMENT OF DEPARTMENT OF
CORRECTIONAL SERVICES SINCE 2000 CONTINUE
 Correction as holistic process that focuses on social
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responsibility, social justice, participation in democratic
activities & contribution to making South Africa better
place.
DCS can achieve it’s objective behavior & social
circumstances.
DCS is State’s agent in rendering final level of
correction.
DCS improving its operation in integrated governance
framework.
Policies should be aligned with overall policies of
Government & also that of other departments.
2. STRATEGIC REALIGNMENT OF DEPARTMENT OF
CORRECTIONAL SERVICES SINCE 2000 CONTINUE
 Many critical challenges
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some are inherent in correctional systems world over
some have particular South African dimension.
 These challenges include:
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Overcrowding
State of DCS facilities
Insitutional “Prison Culture”
Corruption & mal-administration
Training retraining of members for new paradigm
Aligning organizational structure for new paradigm
Persons awaiting trails
Illegal immigrants
Needs of special categories of correctional
Dealing with HIV/Aids effect & management on
communicable diseases
2. STRATEGIC REALIGNMENT OF DEPARTMENT OF
CORRECTIONAL SERVICES SINCE 2000 CONTINUE
 Overcrowding as most important challenge
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Various causes of overcrowding – is reflection of structural problems in CJS
Several measures DCS in co-operation with partners in JCPS are exploring
 DCS to transform existing institutional culture into culture of good governance
through:
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Development of Risk & Fraud Management Strategy
Internal investigation capacity
Cost effective utilization resources
Addressing ongoing incidents of corruption
Effective utilization of Inspectorate Directorate
Measures DCS undertaking to addresses issues of corruption & financial
management.
Measures involved external investigations conducted at behest of Minister of
Correctional Services & Senior Management
 “Gearing DCS for Rehabilitation” aimed at aligning Department’s systems,
processes & structures to enable it to deliver effectively on its core business
3. CORRECTION AS SOCIETAL RESPONSIBILITY
 Principles & philosophy on which new vision for Rehabilitation-Centered
Correctional Services rest
 Interpretation of Correction which asserts that:
 Correction based on ideals contained in Constitution that all South
Africans should contribute to maintaining & protecting just, peaceful &
safe society in our country.
 Correction is inherent in good citizenship
 Corrections is social responsibility within which all sectors / institutions of
society including DCS should contribute
 Family as first seat of correction
 Many South African families are dysfunctional
 Dysfunctional families provide fertile grounds to commit crime for young
people in such families to commit criminal acts
 Department has with all other social institutions & Departments crucial
task in supplementing role of parents in providing correction
environment for children.
4. OBJECTIVES OF CORRECTIONAL
SYSTEM
 Department believes rehabilitation & prevention of
recidivism are best achieved through correction &
development, as apposed to punishment & treatment
 Based on conviction that every human being are capable
of change & transformation if offered opportunity &
resources
 Our approach to Rehabilitation is much more that just
trying to prevent crime
 Holistic approach in which we try to encourage include:
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Social responsibility
Social justice
Active participation in democratic activities
Empowerment with life-and other skills
Contribution to make South Africa better place to live in
4. OBJECTIVES CONTINUED
 Rehabilitation as process in which we combine three important things:
Correction op offending behavior
 Human development
 Promotion of social responsibility & positive social values
 To assist in Rehabilitation DCS will make use of Code of Ethics for
correctional clients with three objectives:
 Inform correctional clients what DCS expects of them in
correctional environment
 Educate them on what society anticipates to learn through
rehabilitation process
 Help them to understand what they are expected to put back into
society once completed their sentence.
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4.1 DEFINING CORRECTIONS
 Correction of offending behavior having
following objectives:
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To promote social responsibility
Ensure that correctional clients can
recognize what they did
Correctional clients can understand why
society regards that what they did to be
unacceptable
Internalize impact that their action have
had on victims & on society as whole
4.1 DEFINING CORRECTIONS
CONTINUED
 Primary responsibility of Department of Correctional Services to correct
offending behavior in secure safe & humane environment
 Ten key objectives of Correctional System in South Africa:
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Breaking cycle of crime
Security risk management
Implementation of sentence of courts
Providing & environment for controlled & phased rehabilitation
interventions
Providing guidance & support to correctional clients within community
Provision of corrective & development measures to correctional client
Reconciliation of correctional client with community
Enhancement of productive capacity of correctional clients
Promotion of healthy familial relations &
Assertion of discipline within correctional environment
4. VISION
 “ to be one of best in world in
delivering correctional services with
integrity & commitment to
excellence”.
4. MISSION
 “Placing rehabilitation at center of all DCS activities in
partnerships with external stakeholders, through:
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integrated application & direction of all Departmental 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.”
5. UNIT MANAGEMENT
 Desired method of correctional center management
 Correctional clients accommodated in smaller more manageable units
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with direct supervision
Team approach to correctional management
Continuous communication amongst staff & between staff &
correctional clients
System of case management aimed at ensuring responsibility &
involvement of correctional client in his/her progress, choices, etc
Six elements
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Lateral communication
Direct interactive supervision of correctional clients
Assessment & needs-driven programmes in structured day & correctional
plan
Multi-skilled staff in enabling & resourced environment
Restorative, developmental & human rights approach
Delegated authority with clear lines of accountability
7. WHO ARE SOUTH AFRICA’S
CORRECTIONAL CLIENT
 Offender profile - Various factors - abolition of death penalty,
introduction of system of minimum sentencing
 Increase in prosecution of serious aggressive crimes has resulted
in:
 Increase in aggressive & sexual crimes categories
 Increase in number of correctional clients that serves long
sentences
 Significant increase in post-1994 period in number of children
sentenced to prison
 Challenges for Department:
 Increased need for accommodation of increasing population
maximum-security & long term correctional clients
 Need for rapid increase in accommodation for youth
correctional clients
8. IDEAL CORRECTIONAL OFFICAL IN
APPROPRIATE ORGANIZATIONAL CULTURE
 Relationship between staff & correctional client is key to correction &
rehabilitation, as well as effective prison management
 Slogan “every member is rehabilitator” - staff members through their
actions advance rehabilitation objectives or undermine
 Competencies ideal correctional official
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unique combination of personal qualities, experience, expertise
professional ethics, personal development & multi-skilling
 Many challenges in relation to Human Resources
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Enhancing status of correctional officials within community
Implementation of human resource provisioning strategy with recruitment
criteria consistent with intention that “every correctional official is
rehabilitator”
Effective career-pathing strategy & implementation of strict code of
behavior by clear & effectively enforced disciplinary code with effective
disciplinary procedures
8. IDEAL CORRECTIONAL OFFICAL IN
APPROPRIATE ORGANIZATIONAL CULTURE
 Ideal correctional official:
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High degree of compatibility & synergy with Code of Ethics &
conduct
Embodies values that DCS hopes to instill in correctional client
Displays attitude of serving with pride and humility
Recognize need to take responsibility for assigned accountable for
one’s own omissions or actions
Reflects appreciation of security through vigilance of need for
ensuring safety of correctional clients & community
Displays caring attitude though qualities such as integrity, honesty,
sound practices, adherence to departmental code disassociation
with all forms of corruption & unethical responsibility for selfdevelopment seriously
8. ORGANIZATIONAL CULTURE
 Significant challenges in aligning organizational culture with new
strategic redirection
 Indicators reflecting shortcomings of past & existing organizational
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High rate of recidivism
Low recognition of strategic role played by frontline employees
Corruption & perceptions
 Well-aligned organizational culture should have positive outcomes
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Significant reduction in rate of recidivism
Re-understanding of critically of frontline functions
Department must earn respect of communities & broader society
 Importance of already approved seven departmental core values
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Development, Efficiency, Responsibility, Security, Accountability,
Justice, Equity
8. IDEAL CORRECTIONAL OFFICAL IN
APPROPRIATE ORGANIZATIONAL CULTURE
 Commitment to culture devoid of militaristic practice
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align DCS with international standards
military or paramilitary institution inappropriate for Rehabilitation
 DCS performing socio-security function - civilian security structure with
strong social-sector dimension.
 Focus on tight security, on personnel discipline, & on civilian rank
recognition as crucial factors in prison management.
 DCS will map out comprehensive identification package for both officials &
correctional clients
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Interim use of existing uniform for officials together with proposed new
insignia.
Long term complete package will be based on:
 Corporate Identity
 Authority Identification / Protocol
 Security
 Function purpose
 Rehabilitation status
 Prison wear
9. GOVERNMENT’S RESPONSIBLITES
TOWARDS ATDs
 Various Constitutional provisions on rights of awaiting trial detainees
in relation to their incarceration & their movement through CJS
 Range of services that must be made available to unsentenced
detainees.
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continuity in education & training in line with Government policy,
safety of person,
access to social welfare services in line with Government policy,
accessibility to state provided health care in line with Government policy,
accessibility to visits, communication & correspondence with family &
friends,
accessibility to recreational & reading resources, &
accessibility to legal representation
 Social backgrounds of SA awaiting-trial detainees- promotion of
human development NB.
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Life skills, social development, understanding of legal & justice system
 Client has identified policy gap
9. GOVERNMENT’S RESPONSIBLITES
TOWARDS ATDs
Long term policy – ATD responsibility of DoJ
Medium term - Transition policy.
Short- term management of awaiting trial detainees.
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Improved management of CJS re ATDs
Increased Accommodation of awaiting-trial detainees
Debt offenders
Department of Home Affairs is responsible for illegal immigrants
– appropriate facilities, family accommodation, staff trained in
international law and immigration law; foreign languages;
10. NEEDS-BASED
INTERVENTION PLAN
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Intervention targets unique history of individual towards positive &
appropriate norms & value system, alternative social interaction options,
development of life skills, & development of social & employment-related
skills
Client-specific Sentence Plan and based on admission assessment &
ongoing reassessment
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needs relating to specific intervention programmes that target offending
behaviour/s (Corrections).
security needs taken into account human rights of individual (Security)
needs in terms of Physical & Emotional Well Being (Care)
education & training & work allocation needs (Development)
needs in terms of allocated physical accommodation (Facilities)
needs in terms of support after release (After Care),
needs regarding reintegration into community.
10. DIFFERENTIATION BETWEEN CORRECTION &
DEVELOPMENT
 Correction of offender behaviour deals with:
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promotion of social responsibility,
ensuring that individual can recognize what they did as wrong,
understand why society believes it to be unacceptable,
to internalize impact that their actions have had on victims & on society
as whole.
 Development, deals with life skills of person, including:
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education & training,
communication skills,
employability,
health awareness,
recreation skills,
sports skills.
Aspects that contribute to making person well -rounded person.
10. EDUCATION
 High levels of illiteracy amongst correctional clients in
South Africa.
 Also significant proportion of youth correctional
clients.
 To place significant emphasis on provision of literacy
classes, basic schooling & basis adult education for
correctional clients
 In partnership with Department of Education, to
provide education in our correctional centers that is in
line with educational system of society as whole.
10. TRAINING & PRODUCTIVE WORK
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To base productive work of correctional clients on
particular principles:
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Productive work should be integral to correctional
sentence plan
Nature of productive work should be consistent with
profile of offence category & client themselves
Should contribute towards human development
Should be conducted within framework of country’s
labour & safety legislation
Nature of productive work should not entrench gender &
racial stereotypes
Should enhance employability of correctional clients
10. COMMUNITY SERVICE & POVERY
ALLEVIATION
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Correctional client involvement in poverty alleviation projects aimed at:
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Promoting constitutional role & responsibility to Department
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Enhancing rehabilitation efforts towards clients involved
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Furthering Government’s commitment to sustainable development
Objectives for DCS poverty alleviation/social development projects:
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Build close relationships with community & seek to undo stigmatization of
correctional clients
Support communities in category of high risk, poor communities, communities
of origin of correctional clients
Not be DCS hand outs to community, but should contribute to sustainable
development & hence social crime prevention
Not be once off events, but be part of coordinated multi-year, focused
programme of Department
Enhance rehabilitation, correctional client employability, skills development &
preventing recidivism as important components of sustainable development in
line with trends in output of economy
Develop community awareness amongst correctional clients, community
service attitude, while also developing self esteem in individuals.
10. GENDER POLICY
 Department understanding of Gender as Social relations
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between men & women.
Gender Policy should be in line with Constitution
promoting respect for gender equality & protection,
development & attainment of gender equality.
DCS approach to Gender will inform management of
women correctional clients.
Management of men correctional clients is of particular
importance in rehabilitation of men whose victims have
been women & children.
Gender training as crucial aspect of rehabilitation of
particularly young offenders
10. SERVICE TO PAROLED CORRECTIONAL
CLIENTS: POLICY, SOCIAL REINTEGRATION
& INTEGRATED SUPPORT SYSTEM
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Parole policy makes provision for release of detained correctional
client under community correctional supervision.
Parole is conditional release that will contribute to social reintegration,
promoting community responsibility for corrections & restoring harmed
relationships.
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participation of community members
direct involvement of relevant state departments
direct & valued involvement of family & friends
direct involvement of correctional clients themselves
direct input from victims of crimes themselves.
Social reintegration as most challenging aspect of rehabilitation.
Ongoing component of sentence plan that must become integral part
of unit management.
Using term After-care to describe its services aimed at promoting
effective social integration of correctional clients back into their
communities of origin.
10. SERVICE TO PAROLED CORRETIONAL
CLIENTS: CONTINUED
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Support to social reintegration will also inform our approach to issues like:
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Written & telephonic communication
Visits with family, friends & loved ones,
Access to information about world
Contact with social institutions
Monitoring of recidivism as essential part in effectives of need-based
rehabilitation and social reintegration
Prioritizes need to involve other role-players in creating integrated support
system based on following principles:
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Correctional clients will be referred by community corrections officials to various
support services for their rehabilitation process within their residential areas;
Presentation of programmes shared with other role-players;
CBOS & NGOs involved in reintegration process
Integrated support system caters for development & rehabilitation
Suitable accommodation for destitute correctional clients
Families /friends/potential employers/other role-players involved in obtaining
employment for correctional clients.
11. SAFETY, SECURITY & HUMAN DIGNITY AS
PART OF REHABILITATION
 To provide security on different levels.
 These are to (i) public, (ii) personnel, (iii) correctional clients from
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other correctional clients, & (iv) for correctional clients against
themselves where applicable.
Rehabilitation & secure, safe & orderly custody as two sides of
same coin.
Excessive security & control should not be allowed to transpire at
expense of justice.
Use of force as means of restoring order can only be justified in
extreme circumstances,
Security measures to which correctional clients & detainees are
subject should be minimum that is needed to ensure their secure
custody, & safety of other correctional clients.
11. SECURITY CLASSIFICATION FOR
REHABILITATION
 Assessment of risk, must take into account impact of incarceration on
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human being, threat that correctional client may pose or herself, to staff,
to other prisoners & to wider community.
Supports proximity of correctional client to his/her family, friends, &
community.
Support principle that different security categories of correctional clients
should not be accommodated together.
Actual facility should not be classified, except where it is very specifically
designed for security purpose. On whole, it is correctional clients who
should be security classified, & section in which they are accommodated
should then be run according to appropriate levels of security routine.
Objective of Security Risk Assessment is to determine Security
classification for every correctional client.
To do individual Security Risk Assessment use new Security
Classification Instrument required.
11. SAFETY & HEALTH OF
CORRECTIONAL CLIENTS
 Clients are dependent on Department to
provide for their safety & to ensure that
their rights are not violated.
 Serious challenge in context of serious
overcrowding
 Presence of gangs in South Africa
correctional centres undermines safety
of correctional clients
11. DISCIPLINARY PROCEDURES &
PUNISHMENTS IN CORRECTIONAL CENTRES
 Must be clear code on disciplinary
offences, investigations, procedures &
applicable sanctions available &
understandable to all correctional clients
& correctional officials on admission &
entry to Department.
 Principles of natural justice would be
respected.
12. SPECIAL CATEGORIES OF
CORRECTIONAL CLIENTS
 All correctional clients should not be regarded as one
homogenous grouping.
 Special needs correctional clients:
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children below 18 years of age,
youth correctional clients,
first offence correctional clients,
women correctional clients,
disabled correctional clients,
aged correctional clients,
mentally ill clients,
long-term & life correctional clients,
foreign nationals who are sentenced by South African courts.
13. APPROPRIATE & COST EFFECTIVE
FACILITIES
 Facilities of Department should be clearly
designed as Correctional Development
Centres which integrate facilities for
rehabilitation, adequate security & conditions
consistent with human dignity.
 More advantageous option is to avoid private
running of any more prisons in short term
14. EXTERNAL PARTNERHSIPS
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Development of new Rehabilitation-Centered Correctional
System for South Africa, must take into account significant
contribution & support needed from external partners.
DCS will fail in transformation objective without developing,
maintaining & promoting partnerships with communities,
community institutions, NGO’s, private enterprise, other
government institutions & Departments & its partners within
Integrated Justice System.
Propose active involvement of DCS in community initiatives &
projects - will contribute to aims of crime prevention & effective
reintegration of correctional clients.
WAY FORWARD
 Presentation to Cabinet committees
 Cabinet discussion & approval
 Publication of Green Paper & Government
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Gazette
Public Hearings – January and February 2004
Evaluation of inputs
Drafting of White Paper
Consultations & Roll-out on Draft White Paper
Portfolio & Select Committees
Approval by Cabinet & Parliament
Publication as White Paper – target April 2004
THANK YOU!
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