It was also revealed that a major section of the 1998 Correctional Services Act dealing with conditions of detention of prisoners have not yet come into force. This might be a hindrance to an effective implementation of the vision expressed in the White Paper. At the Lindela Repatriation Center it was noticed that sufficient safeguards still needed to be put in place to avoid the unnecessary deprivation of the rights of persons legally in the country, especially South African citizens. Some South Africans with South African passports were found detained in the facilities. There were other detainees who claimed to have valid documents but were not in possession of them at the time of arrest and did not have persons to contact to bring those documents. The authorities should be in a position to assist such persons to collect their documents from wherever they have kept them. It will also be helpful if Government could promote a sensitisation campaign to encourage all those within South Africa to be with their identification documents at all times. The Private Prison Initiative seems to be a good scheme. The infrastructure, programmes and treatment of prisoners, the discipline, security, staff to prisoner ratio, cell space and occupancy rate in the Mangaung prison attest to this. However, three concerns are raised by this initiative. The first is the apparent unfair treatment displayed between those in private prisons and those in public prisons. Privileges accorded to prisoners in the private prison are different from those in public prisons. The budget allocation per prisoner per day is higher (R132) than that in public prisons (R114). This might raise questions of discrimination since all prisoners are under the custody of the government and deserve equal treatment. Secondly, it was also noted that prisoners from private prisons are sent to public prisons at least six months before their release. This raises concern because a prisoner who has served his term in the private prison in a quite different environment and maybe, rehabilitated is now returned into another environment with quite a different management regime with a likelihood of meeting old gang members, engaging in drugs and violence, and other antisocial behaviour. These six months in public prison might reverse the rehabilitation of the prisoner. Thirdly, private prisons hold only long term prisoners – ten years and over and most of the rehabilitation training for skills development last between 4-5 years. After completing their programme, the prisoners still remain in prison and by the time they leave, they might have forgotten what they learnt. There is little space within prison for them to effectively utilize their skills. The above concerns notwithstanding, the operations of the private prison at Mangaung are an example that should be explored and replicated across the country in other prisons. Another major concern is warders’ (also referred to in South Africa as members) frustration and fear. Warders express frustration at the growing discipline problems with prisoners. Warders complain that the new laws prevent then from instilling discipline in prisons because when they use “minimum force” to quell violence or a fight, they become a subject of investigation for abuse of power. As a result some of them deliberately move away from violent scenes and allow prisoners to fight. A meeting with POPCRU revealed that members 57

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