E.
Institutions Consulted
The Special Rapporteur also had meetings with officials of the following institutions:
•
•
•
•
•
•
•
•
i)
The office of the Inspection Judge – the Judicial Inspectorate of Prisons;
The South African Human Rights Commission;
Commission for Gender Equality;
The Center for the Study of Violence and Reconciliation;
The Creative Education with Youth at Risk;
The National Institute for Crime Prevention and Reintegration of Offenders;
Police and Prisons Civil Rights Union; and
South African Prison and Human Rights Organisation
The Judicial Inspectorate of Prisons
The Judicial Inspectorate of Prison (JIOP) is a domestic prison monitoring mechanism
within South Africa established by an Act of Parliament – the Correctional Services Act 111
of 1998. It was established on 1 June 1998 as a watchdog on prison issues and to bring to the
attention of the President, the Minister of Correctional Services and the general public any
problems in the South African prison regime. The vision of the JIOP is to ensure that all
prisoners are detained under humane conditions, treated with human dignity and prepared
for reintegration into community.
The head of the JIOP is the Inspecting Judge of Prisons who in accordance with section
86(1) of the Correctional Services Act must be appointed by the President and must be a
judge or retired judge of the High Court. To ensure the independence of the Inspecting
Judge, the judge must continue to receive a salary, allowances, benefits and privileges
attached to the office of a judge. In terms of section 90 (1), the Inspecting Judge is to inspect
or arrange for the inspection of prisons in order to report on the treatment of prisoners in
prisons and any corrupt or dishonest practices in prisons. The Inspecting Judge is required
under the Act to submit an annual report to the President and the Minister of Correctional
Services who must table the report in Parliament.
The Judicial Inspectorate of Prisons is further mandated to recruit Independent Prison
Visitors (IPVs) who visit and talk to prisoners, and should there be complaints, try to solve
them. It is on the IPVs that the JIOP relies for information. The IPVs perform their
statutory functions as independent contractors and are appointed on a fixed contract of two
years. In terms of section 92 of the Correctional Services Act, public nominations are to be
called for the appointment of IPVs. Prior to any nomination, public meetings are held to
inform the public about the powers, functions and duties of the IPVs.
In order to assist IPVs and monitor their performance, Regional Coordinators are appointed
who among other things, attend the monthly meetings of IPVs (Visitors Committee
Meetings (VCM), guide the IPVs, expedite the resolution of prisoners’ complaints, conduct
Information Technology (IT) and in-service training and prepare monthly reports.
31
Special Rapporteur on Prisons
Mission to South Africa
14 – 30 June 2004
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