South Africa: eyes on the system

JICS. Among the issues we have observed, there has been a noticeable increase in violence in terms of both frequency and intensity. The lack of basic amenities in remand centres has also been a recurring problem over the years. In particular, the absence of rehabilitation training programmes and the lack of educational opportunities. People want to learn and study. In one youth centre we visited two weeks ago, a magnificent and enormous workshop infrastructure was in place but completely unutilised. In another prison, welding training modules were available, but the budget didn’t include the purchase of welding rods. Access to higher education is also a problem. As in other carceral settings, officials who do not have a higher education degree themselves are sometimes reluctant to help prisoners obtain their own.

The incarceration of people declared not responsible for their crimes or unable to stand trial for them (called ‘state patients’) in prisons is a major problem. The Department of Correctional Services (DCS) is not equipped to deal with these profiles. Provisions for prisoners with mental health conditions are inadequate, which may create danger for other inmates as well as for personnel. Prisoners will often receive treatment in the form of medication, due to the shortage of qualified professionals such as psychologists.

JICS has also found that prisoners are being held in prolonged isolation, which is a form of torture, specifically in at least two facilities, Ebongweni and Pretoria C-Max. Only one hour of exercise a day is permitted, in a cage. JICS published a report on this two years ago. Since then, we have been grappling with the department on this issue. We have asked to be involved in revising standard operating procedures. We have asked to see the criteria for placement. We are deeply concerned.

JICS. Successful access to HIV and AIDS treatment is a source of pride in our prisons. The topic of sexually transmitted diseases was heavily stigmatised in the past, but it has become easier to talk about now. There is still more work to be done in prisons but most prisoners are supplied monthly with antiretroviral drugs and given the treatment in a cryptic bottle to ensure privacy. Protein supplements are also made available on a case-by-case basis, and according to body mass index (BMI). The medical treatment of tuberculosis has also improved considerably. Treatment for both pathogens has become simpler, with fewer side effects, easier to take and more readily available.

Same-sex conduct Is relatively pervasive for men in coercive environments - both consensual and non-consensual. The often-quoted figure from empirical studies seems to be around 38% of confined men engage in same-sex conduct in these contexts. JICS regularly asks prisons about the availability of condoms. Provisions are highly inconsistent. Sometimes they are available but expired. The department’s policy, in accordance with WHO guidelines, is that they must be supplied and easily accessible, which means that they should not be kept in places such as the nursing room or the supervisor’s office.

JICS. All the time. It’s not necessarily sinister. Sometimes it can be, but the difficulties are mostly institutional: complexity, delays, lethargy, resistance. Generally, we have little trouble getting into prisons, and are mostly treated with courtesy and goodwill. Prison officials are often pleased to see us because they see that we recognise their work and their challenging occupational circumstances. But we are concerned about the effectiveness of our reports and investigations. We have held direct negotiations with the South African Police Service (SAPS) and the National Prosecuting Authority (NPA) to obtain follow-up when we recommend disciplinary steps or prosecutions for assaults or deaths. But in practice it’s difficult because of the NPA’s policies and the police being stretched too thin.

General institutional resistance to any form of criminal accountability for correctional and police officials is an issue worldwide. Officials are sometimes reluctant to cooperate with even our most experienced investigators, and reluctant to testify against colleagues. Our investigators have on occasion felt physically endangered.

The policy for prosecuting correctional officials is unsatisfactory.

JICS is currently part of the Department of Correctional Services. We are still working on securing independence, adequate funding and working out the nitty gritty of the organisational structure.

At the moment, we have to report to the same people we oversee. We currently rely on them for our budget. The fact that our recommendations and conclusions are not binding is another problem we are trying to resolve through a new statute. Our aim is not to force JICS’s recommendations to be implemented, but to hold the department accountable by requiring explanations when they are not implemented.

For example, we visited a remand prison in northern Kwazulu-Natal and found that prisoners were in terribly overcrowded and unsanitary conditions, and getting little to no exercise. We made practical suggestions on how to organise more outdoor time for prisoners, taking into account staff shortages, but we did not hear back from the facility. This illustrates how some of our recommendations may sometimes be disregarded.

JICS. Over the last three and a half years, we have strengthened our media presence. People are beginning to know who we are. We are trying to put ourselves in the spotlight and generate public engagement. Public opinion is reluctant because of the high murder rate, around 70 per day. The murder follow-up rate has fallen since 2011, from 31% to 14%. These violent crimes are a horrifying thought, so it is hard to argue for shorter sentences. It’s also unfortunate because we know that shorter sentences do not increase crime rates, whereas prison overcrowding has severe consequences on access to rehabilitation.

We have, however, been able to enhance transparency and accountability through employing Independent Correctional Centre Visitors (ICCVs). These are persons in the local community who are responsible for regularly visiting their local prison, handling complaints and sharing the data collected with our office. We target applicants with a legal background, but the selection criteria are flexible.

The main principle is that the Visitors come from the community. The community needs to know what is going on inside, so that they can talk about it and reduce stigma and ignorance about prisons.

Some people may make a career out of these part-time jobs. After an initial three-year contract, they will apply again and again. ICCVs are very valuable to us because they know the system. There is a huge unemployment problem in South Africa, so we do not have any difficulty recruiting people. The challenges are more a matter of resources and providing them with equipment such as computers, and working with the often-dysfunctional departmental electronic reporting system.

In 2003, there were only seven or eight staff members, some of whom were officials from the prison administration. There was no practical independence. But over the years and with each new Inspecting Judge, we have taken small steps towards greater independence. Our CEO, for example, was originally a person seconded from the Department of Correctional Services. The CEO is statutorily responsible for the administration and finances of the JICS, which is a vital role.

We now have approximately 80 full-time staff and 200 ICCVs, so you can see the progress we have made. We are also becoming bolder. At first, the Department of Correctional Services was resistant to JICS: But there was a paradigm shift. The level of cooperation from management has improved, but on the ground there is still some individual resistance. We have come a long way.