f)
Encourage periodic inter-regional staff exchanges and organise workshops to
train prison officials on latest prison policies and management techniques. If
this workshop is organised at national level, efforts should be made to
replicate it at regional level;
g)
Organise a national conference involving all stake holders in the criminal
justice system to discuss ways of improving the criminal justice system – the
police, the prosecutors, the prison officials and the judiciary. NGOs and
other members of civil society working in this sector should also be involved
in the conference;
h)
Come up with a firm and concise strategy on how to deal with the problems
of gangs in prison. Without such a policy, it will be difficult to combat this
menace. Gangsterism is the cause of many problems in South African
prisons including corruption, violence, sodomy, increase in HIV/AIDS, and
jeopardises the educational and rehabilitation programme. The Special
Rapporteur reiterates the recommendation made by the South African
Human Rights Commission in 1998 that the prison authorities must develop
a coherent strategy of dealing with gangs, other than the temporary isolation
of their leaders;
i)
Immediately attend to the situation in Stanger Prison. The current situation
jeopardizes the rehabilitation process and is a recipe for recidivism and
violence. It provides the idle minds of the young offenders an opportunity to
plan more sophisticated acts when they are released. It runs contrary to the
Minister’s campaign of making prisons “universities of learning and not
universities of crime”;
j)
Transfer or exchange prison authorities periodically. They should not stay for
too long (preferably not more than five years) in one prison. They should be
transferred to other prisons. Dealing with the same prisoners year-in-year-out
makes them immune to their complaints and might affect their output and
approach to treating prisoners. It might also lead to personal relationships
developing between the authority and the prisoner that can result to corrupt
practices.
k)
Provide arrested illegal Immigrants or undocumented migrants the
opportunity to challenge their arrest and/or detentions in a court of law.
They should be charged and if found guilty of breaking South African
Immigration laws, be convicted and sentenced. In view of the serious
problem of overcrowding, the court can issue an order that such convicted
illegal immigrants be held at a designated place such as the Lindela
Repartriation Centre and be repatriated within a certain period of time. The
Court can also give the illegal immigrants a serious warning and make it clear
that if they return to the country without utilizing proper immigration
procedures, they will be rearrested and taken directly to prison. By depriving
them of the opportunity to appear before the courts, the authorities are
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