DEPARTMENT OF CORRECTIONAL SERVICES REPUBLIC OF SOUTH AFRICA CREATING PATHS FOR OFFENDER REINTEGRATION CONFERENCE REPORT 14-15 OCTOBER 2008, KIVIETSKROON HOTEL, KAMEELDRIFT-EAST, PRETORIA Acronyms and abbreviations CJI Criminal Justice Initiative CSA Correctional Services Act 111 of 1998 DCS Department of Correctional Services JIOP Judicial Inspectorate of Prisons OSF-SA Open Society Foundation for South Africa OR Offender reintegration RJ Restorative Justice SLA Service level agreements Contents Introduction .................................................................................................................................................. 3 Conference opening ...................................................................................................................................... 3 Welcome and introduction ....................................................................................................................... 4 Keynote address ............................................................................................................................................ 6 Session one: Law, Policy and theory ............................................................................................................. 9 The implementation of the 2005 White Paper on Corrections as it relates to offender reintegration ... 9 Offender reintegration – A restorative approach to crime in South Africa ............................................ 14 The value of restorative justice to the reintegration process ................................................................ 26 Questions to session one presenters and responses .............................................................................. 45 Session two: Roadblocks to re-entry .......................................................................................................... 46 Experiences immediately after release ................................................................................................... 46 Working towards an understanding of social reintegration in rural South Africa .................................. 59 Panel discussion: Community-based services to former offenders ........................................................ 63 Rebuilding and Life Skills Training Centre (REALISTIC) ........................................................................ 63 Vezokuhle Youth Development Programme (VYPD) .......................................................................... 68 Former Convicted Offenders Development Initiative (FOCODI)......................................................... 72 Panel discussion: Direct experiences in the correctional system ........................................................... 75 Basil Nqamani (REALSTIC) ................................................................................................................... 75 Solomon Twala (FOCODI) .................................................................................................................... 77 Andile Dlula (Vezokuhle). .................................................................................................................... 78 Qiniso Magnificent Dube (NICRO) ....................................................................................................... 79 Sipho Mboweni (NICRO) ..................................................................................................................... 80 Questions to session two speakers ..................................................................................................... 81 Session three: Expanding the knowledge-base on offender reintegration ............................................ 82 Session four: The way forward ............................................................................................................... 87 Conference resolution meeting .......................................................................................................... 87 Strengthening reintegration initiatives ....................................................................................................... 90 1 Closing ......................................................................................................................................................... 98 Conference Resolutions .............................................................................................................................. 99 Conference participants ............................................................................................................................ 103 2 Introduction The conference entitled ‗Creating Paths for Offender Reintegration‘ was organised and hosted by the Open Society Foundation for South Africa (OSF-SA) in partnership with the Department of Correctional Services (DCS). The objectives of the conference were to present role players in the field with an opportunity to: (1) highlight the gaps in theory; (2) share and exchange ideas on best practice; (3) profile promising models for offender reintegration; and (4) look at ways in which to expand and strengthen the impact of existing work in the field. The event was attended by 51 people, including academics from local universities, senior officials from the Department of Correctional Services, staff from the Judicial Inspectorate of Prisons including the Inspecting Judge of Prisons, members of Parliament‘s Portfolio Committee on Correctional Services including its Chairperson, representatives from local NGOs, including representatives from community-based organisations. Some of the conference participants Day one 1 Conference opening 3 Welcome and introduction Louise Ehlers, Director: Criminal Justice Initiative, OSF-SA Louise Ehlers, Director of the Criminal Justice Initiative (CJI), a programme of the Open Society Foundation for South Africa, welcomed all delegates and gave a brief input on the diverse approaches to crime prevention and law enforcement in South Africa. Ms Ehlers mentioned that law enforcement measures have largely been reactive and punitive in the past and that efforts were often aimed at the attainment of immediate, yet short-term results. She further indicated that during 2008, the CJI embarked on a strategy which includes the exploration of the nexus between long-term crime prevention and immediate safety. This was prompted by the question of how criminal justice institutions may keep citizens safe in the context of high levels of crime and simultaneously develop models for long-term crime prevention. In recognising that the marginalisation of ex-offenders and the failure to facilitate their re- entry into mainstream society as productive citizens may undermine public safety, offender reintegration was identified as an important facet of any long-term crime prevention strategy. This view aligns closely with the mission of the 2005 White Paper on Corrections which prioritises the rehabilitation and reintegration of inmates. In practice this means that the duty conferred to the Department of Correctional Services (DCS) is no longer limited to enforcing the sentences imposed by the courts. DCS‘s expanded mandate requires efforts to ensure the rehabilitation of all inmates while they are in prison so that they may return to their communities with the desire and ability to become productive members of society. As effective reintegration is not easily achievable, a range of services are necessary to support persons while they are incarcerated and once they are released from correctional centres. Non-governmental organisations, including community-based organisations, have a major role to play in this regard. Former inmates inevitably return to their communities of origin. The question of how we make our communities safer is therefore one that must be addressed collectively by civil society and government. 4 Louise Ehlers handed over to Judge van Zyl to deliver the keynote address. Judge van Zyl was appointed as Acting Inspecting Judge in the Judicial Inspectorate of Prisons on 1 May 2008. His appointment has subsequently been made permanent. He is also presently an honorary professor of law at the North West University and an extraordinary professor of law at the Universities of Stellenbosch and the Free State. Prior to his appointment as Inspecting Judge, he served as a Judge of the High Court of South Africa for more than twenty-three years. 5 2 Keynote address Judge Deon van Zyl, Inspecting Judge: Judicial Inspectorate of Prisons Judge van Zyl expressed his appreciation for the opportunity to address the conference. He indicated that his attendance was not just motivated by the request from his office that he participate in the conference, but also by his own interest in enhancing his knowledge on issues related to the South African correctional system. Generally judges‘ experience and knowledge of the criminal justice system does not extend beyond the sentencing phase, much less to the experience of ex-offenders once they are released from prison. As a former judge his new appointment therefore presents a steep learning curve on a continuous basis. The Judicial Inspectorate of Prisons (JIOP) is an independent office tasked with the duty to facilitate inspections of correctional centres and to report on the treatment of inmates as well as on the conditions in prison. This office was established in 1998 and with the commitment of its staff it has succeeded in meeting its mandate. The recent permanent appointment of Judge