Prison Privatisation in South Africa Issues, Challenges
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Untitled Document 2011/04/07 10:41 AM PRISON PRIVATISATION IN SOUTH AFRICA ISSUES, CHALLENGES AND OPPORTUNITIES KC Goyer ACKNOWLEDGEMENTS PREFACE EXECUTIVE SUMMARY CHAPTER 1 INTRODUCTION CHAPTER 2 IMPRISONMENT IN SOUTH AFRICA Prison Prison in the new South Africa Overcrowding Gangs Recidivism Escapes Public health The Department of Correctional Services and criminal justice CHAPTER 3 PRISON PRIVATISATION Privatisation Types of prison privatisation Ten issues in the privatisation debate Additional issues in the privatisation debate CHAPTER 4 INTERNATIONAL EXPERIENCES United States Australia United Kingdom CHAPTER 5 PRIVATE PRISONS IN SOUTH AFRICA Prison policy and the development of private prisons The Correctional Services Act of 1998 Ikhwezi Bloemfontein Correctional Contracts CHAPTER 6 file:///Users/mbadenhorst/Documents/websites/iss/pubs/Monographs/No64/Mono64Full.html Page 1 of 54 Untitled Document 2011/04/07 10:41 AM CONCLUSION AND RECOMMENDATIONS END NOTES ACKNOWLEDGEMENTS The research and publication of this monograph has been funded by the European Union and USAID, the Ford Foundation, Standard Bank and the US Embassy as part of the Criminal Justice Monitor project. The research would not have been complete without the generous assistance of: The Department of Correctional Services. The Department of Public Works. The managing directors of Bloemfontein Correctional Contracts and of South African Custodial Services. The management and staff at the new private Bloemfontein prison. Various dedicated and helpful academics and prison researchers in South Africa. Judge J. J. Fagan, Inspecting Judge for prisons. PREFACE There is little doubt that the most serious problem facing those responsible for South Africa’s prison system is overcrowding. South Africa’s prisons were designed to accommodate 100,668 inmates. Currently they struggle to house 172,271 prisoners. Overcrowding exacerbates the problems which face prison administrators worldwide: gangs, violence, sexual assault, public health problems and escape attempts. As such it makes managing a prison difficult, and reducing the chances of re-offending almost impossible. To make matters worse, South Africa’s prisons are also under-staffed, badly designed and structurally crumbling. Faced with these challenges and the budgetary limitations in the criminal justice sector, the Department of Correctional Services has identified the privatisation of prisons as one solution. This is a strategy that has been adopted by governments around the world in response to an increasing prison population and the lack of available funds. file:///Users/mbadenhorst/Documents/websites/iss/pubs/Monographs/No64/Mono64Full.html Page 2 of 54 Untitled Document 2011/04/07 10:41 AM As part of the Criminal Justice Monitor which tracks performance and strategy in the criminal justice system, the ISS commissioned this monograph to assist among others the policy makers and practitioners in the Departments of Correctional Services, Public Works and Finance to understand the pros and cons of prison privatisation and the inherent challenges of such a strategy. Privatisation is being practised in several countries and South Africans have the opportunity to learn from these experiences. The aim of this monograph is to present an overview of the main issues in the privatisation debate and draw lessons for South Africa’s privatisation process. It is not difficult to see the benefit of privatisation in this country. As the author, KC Goyer points out, "Private prisons will necessarily be an improvement on public prisons because it would be almost impossible to perform any worse". Nevertheless, there are important considerations of cost and accountability that will need to be carefully monitored by those responsible for imprisonment in South Africa. Antoinette Louw Head of the Crime and Justice Programme Institute for Security Studies, Pretoria EXECUTIVE SUMMARY The prison system in South Africa faces many challenges, several of which are associated with a lack of available resources to meet the increasing demand for correctional services. The key challenges identified by the Department of Correctional Services (DCS) are overcrowding and funding. The Department has turned to the private sector for assistance, and has signed contracts for two prisons to be designed, constructed, financed and managed by a consortium of private companies. Internationally, private prisons have seen mixed results. Many of the incidents which take place at private prisons are similar to those which occur at state facilities. Often the criticisms levelled at private prisons could equally apply to state operated facilities as well. Because of problems with comparability, it is extremely difficult to determine whether private prisons save on costs. In South Africa, it is impossible to ascertain whether a private prison will be cheaper than the public prison, because the standard of care offered by private prisons is entirely unmatched in the public sector. In the United States, private prisons in general have neither outperformed nor under performed their public counterparts. In Australia, many of the private prisons have experienced serious problems, but the flexibility of their contracts has enabled the government to respond appropriately. The South African prison privatisation programme is closely modelled after that of the United Kingdom, which appears to have most successfully incorporated the private sector into its prison service. The first private prison in Africa has recently opened in Bloemfontein, and the second will open in Louis Trichardt early next year. Although the financing arrangements have essentially tied the South African government’s hands in terms of monitoring the operations of these prisons, the professionalism and reforms offered by private companies appear to have far surpassed the file:///Users/mbadenhorst/Documents/websites/iss/pubs/Monographs/No64/Mono64Full.html Page 3 of 54 Untitled Document 2011/04/07 10:41 AM correctional services offered by the state. The private sector should not be limited to the provision of correctional services only, but should also be explored as an option for community based corrections as well as other criminal justice system functions. The outsourcing of ancillary services at public prisons should be investigated, as well as partnering with existing NGO’s. The cost information gathered by the private prison companies should be shared with DCS in order for the government to appropriately estimate the actual cost of providing conditions of humane detention. Better information on the capital costs involved will assist the department with searching for alternative financing arrangements and thus avoid becoming beholden to the private prison consortium. DCS should enlist the help of private prison companies to conduct further research on recidivism and issues of public health. The controller assigned to monitor contract compliance should not be a DCS official but should rather be appointed from the government’s existing internal audit department, in order to maintain independence. The contracts, as well as the financing arrangements and the cost-comparison analyses, should all be made public in order to provide the appropriate level of transparency and accountability. Private prisons in South Africa have the potential to be an undemocratic appropriation of the public interest for the sake of corporate profit. However, the facility in Bloemfontein is an enormous improvement on the current prisons in South Africa. Private prisons will necessarily be an improvement on public prisons because it would be almost impossible to perform any worse. Philosophically and theoretically, private prisons could be a frightening and dangerous infiltration of the criminal justice system. In reality, however, they may be the only means of reforming an important and deteriorating government service. CHAPTER 1 INTRODUCTION This monograph is intended to present the relevant issues in the debate over prison privatisation, examine the international experience, and to present the facts regarding the first private prison in South Africa. The research was conducted using primary documents from the governments involved, information downloaded from the Internet, and secondary materials obtained in South Africa, London, and Washington DC. In South Africa, a great deal of information was available from the University of Natal and the University of Cape Town. In London, valuable insights and materials were gained from the International Centre for Prison Studies at Kings College of Law as well as the Prison Reform Trust. The most authoritative books on the topic of prison privatisation were obtained at the Library of Congress in Washington, DC and assisted in providing the framework for examining the various arguments, taking into account the motivations and biases contained in many of them. This documentary evidence was supplemented by semi-structured interviews conducted in South Africa. The Department of Correctional Services and the Department of Public Works were very co-operative. The managing directors of Bloemfontein Correctional Contracts and of South African Custodial Services were both gracious and co-operative in their assistance. The management and staff at the Bloemfontein prison gave of their time during a very busy period and afforded the author a full tour of the nearly completed facility. Input was also obtained from various dedicated and helpful academics and prison researchers in South Africa,