A Report by Justice Mtr Mogoeng

A REPORT BY JUSTICE MTR MOGOENG

POTCHEFSTROOM REMAND DETENTION FACILITY

INTRODUCTION My clerks, Michael Dafel, Lydia Du Rant, Jonathan Parsonage, and I visited the Potchefstroom Remand Detention Facility (also referred to as the Potchefstroom Correctional Centre) in the North-West Province on 8 June 2011. We were welcomed by Mr Tshabalala, the head of the facility, and his management team including Mr Ngakame, the centre coordinator for the well- being of, and programmes for, the inmates, Mr Shangi, the head of security and Mr Jacobs, the head of the internal case management committee, whose functions include parole management.

During the visit, we were accompanied by the sub-cluster Head, Desmond Humple, the Senior Magistrate of the Potchefstroom Magistrates’ Court. We were informed that Mr Humple does visit the correctional centre on a regular basis; and his visits have not been as regular in the past couple of years. Mr Humple noted that he has a good relationship with the management of the correctional facility, especially in terms of case flow management issues. He suggested that it should become a requirement for all magistrates to visit correctional centres based on the example being set by the Judges of the Constitutional Court.

THE CENTRE The correctional centre was opened in 1978 and was commissioned to serve medium security offenders. However, today it also accommodates maximum security offenders and awaiting trial detainees, who form the majority of the inmates, are treated as maximum security offenders. The centre is located on a 45 hectare piece of land of which 15 hectares is agricultural land.

CAPACITY OF THE CORRECTIONAL CENTRE The centre has an approved accommodation for 857 offenders/awaiting trial detainees. However, it can accommodate up to 1300 offenders. On the day of the visit, the centre had 1009 offenders/awaiting trial detainees, which compromised of the following:

. 59 sentenced female offenders (there were currently 4 infants which are allowed to stay with their mothers until the age of two years); . 3 awaiting trial females; . 213 sentenced male offenders; . 734 awaiting trial males.

The centre has been earmarked as an awaiting trial facility, which explains the high amount of awaiting trial detainees in the centre. However, due to the shortage of space, the facility also holds sentenced inmates.

The centre serves Fochville, Ventersdorp, Potchefstroom, Klerksdorp, Carletonville, Orkney, Hartebeesfontein, and sometimes Mafikeng and Rustenburg. It also accommodates all females in the North-West Province.

STAFFING CAPACITY The centre has an approved capacity of 316 staff members. However, only 243 positions are currently financed. At the time of the visit only 223 positions were filled. The rest remained vacant. The centre management stated that understaffing is a challenge, and the post establishment, which was determined in 2003, was itself problematic. Critical positions which are vacant include: The Centre co-ordinator for operational support (security, development and education), who would be one of the assistant directors of the prison, which is an important position for rehabilitation programmes, and has been vacant for approximately 3 years; The Head of Internal Guarding, which has been vacant for 6 years. There were also two vacant hospital staff posts at the time of the visit. The staffing shortage was described as a “timebomb”. Significant manpower resources were required when inmates had to go to hospitals outside the prison grounds. It was also noted that the need for an accountant had been a pressing concern, but the position were filled in the week before the visit. This appointment led Mr Tshabalala to think that there could be ‘light at the end of the tunnel’ in relation to staffing issues.

As a result of regular interaction between the prison authorities and unions representing staff members, there have been no strikes at the centre.

MAJOR DIFFICULTIES EXPERIENCED BY THE CENTRE The following difficulties are experienced at the centre: . The ratio between offender/detainees and officers is too low. Mr Tshabalala noted that human resources became stretched anytime there was a fight in the prison. He feared that if there were to be a mass outbreak of violence, the prison authorities may not be able to deal with it effectively. This has been brought to the attention of the Minister. . Gang related violence poses serious challenges to the centre, particularly amongst juveniles. Firstly, police don’t inform the correctional centre which gang an offender belongs to – which causes difficulties when the centre places two rival gangs in the same cell. Another problem illustrated was that it is difficult to keep an offender segregated from the main population due to their constitutional rights but management believe that violence will ensue if rival gangs are kept together. Management has observed that most of the violence can be tracked back to gang related activities. . There is difficulty in controlling and punishing awaiting trial detainees. The current rules do not allow for the punishment or the revoking of privileges of awaiting trial detainees. As a result, the officers experience problems of discipline with the awaiting trial detainees. There is a framework proposed by the Minister for Correctional Services which could address this problem in the future. . Man-to-man rape happens regularly. However, few victims lay charges. . There is an attempt to keep offenders/detainees between the ages of 18-21 (juveniles) away from offenders over the age of 21 (adult). However, this is not always possible due to the architecture of the cells. And as a result, unwanted communication between youth and adult offenders occurs. . Inmates and awaiting trial detainees do attack correctional officers although it is not a serious problem. . The last escape took place two years ago. The escapee had escaped from hospital and was recaptured soon thereafter. The hospital is reportedly most susceptible to escape attempts.

BUDGET The budget of the centre is approximately R51 million per annum, and management believes that this amount is satisfactory.

REHABILITATION AND PROGRAMMES The centre attempts to provide needs based rehabilitation programmes. There are different programmes for rape offenders as opposed to inmates who committed theft. The programmes that are run include: . The textile workshop which manufactures the inmates’ shirts and trousers. The workshop has capacity for 30 inmates, and the goal is to manufacture 500 trousers and shirts every 4 weeks. The uniforms are also sent to certain correctional facilities in the North-West and Eastern Cape for use. We were informed of two beneficiaries of this programme who are supporting themselves by producing clothes for sale after their release. . There is an agreement with the North-West University, Potchefstroom Campus to provide computer literacy training to offenders. . There are also student volunteers from the North-West University who perform various aspects of social work including counselling. . On occasion there are brick-laying lessons. . The College of Agriculture also issues certificates to inmates who complete a course in welding. . On the day of our visit, the South African Police Service (SAPS) was conducting programme titled “Squeeze Domestic Violence to Zero” with selected inmates. During the programme, there were presentations by community leaders, SAPS, the Departments of Correctional Services, Social Development and Justice and Constitutional Development.

HOSPITAL FACILITIES The rooms in which the hospital is located are unsatisfactory. The ceilings and walls of the rooms have been damaged by water and have been in this dilapidated state for three years. This was reported to the Department of Public Works. The infirmary itself is utilised for

4 inmates/detainees with minor health issues or who are recovering. Those in dire need of care are treated at a nearby hospital. There are 20 beds in the infirmary, and separate facilities for those with tuberculosis.

The hospital provides condoms which are used by inmates. There are approximately 50 inmates on ARV treatment, and, at the time of the visit, 8 patients had tuberculosis. The centre is not an accredited ARV treatment centre. As a result HIV positive inmates have to be transported to the public hospital to receive medication. Also, the centre does not have the capacity to monitor seriously ill or injured inmates. They too have to be transferred to the public hospital. Management indicated that it was during the transportation of offenders that there were occasional attempts to escape. Upon being questioned as to why the centre was not an ARV treatment centre, we were told that a separate structure, which the centre does not have, was required for the centre to become an accredited treatment centre.

During discussions with inmates and awaiting trial detainees, there were complaints of delays in receiving medical treatment. A substantial problem for the medical staff is the monitoring of the inmates/detainees consumption of their medication. It is, by all reports, very difficult to ensure that the prisoners take their medication, as prescribed.

All medical facilities are located in the men’s section of the prison. Accordingly, it is not possible for women to be treated and segregated from the male inmates when they require medical attention.

Only 3 nursing positions are filled.1 There is a doctor who visits the centre on Tuesday, Wednesday and Thursday.

FEMALE UNIT The female unit was small and had art and craft facilities for the inmates. There are facilities for pregnant, disabled and sick inmates and those who have children. Children are allowed to stay

1 Out of an approved 5 or 6 (This number is uncertain due to reports on the approved nursing capacity).

5 with the mother in the correctional facility until the age of two years. The facilities which are utilised by inmates who have children had been damaged by water and there were leaking pipes.

KITCHEN The kitchen seemed to be in satisfactory order. However, there were some tiles missing from the floor. The situation was reported, and the Department of Public Works should retile the entire kitchen within 2 or 3 months.

INDIVIDUAL COMPLAINTS Individual complaints are annexed hereto. What should be highlighted are the extraordinarily long delays for detainees who have to wait for the completion of the trial. The most prominent reasons for the delay seem to include, according to the inmates, the ineffectiveness of the Legal Aid Board, missing evidence and witnesses not attending the trial.