On appointment, all IPVs attend a compulsory three-day training workshop during which
they are taught about the powers, functions and duties of IPVs. This training also provides
for a basic introduction to the law and regulations governing prisons and the rights of
prisoners in South Africa. This induction training is followed up by an on-going process of
in-service training provided mainly by Regional Coordinators during the quarterly
performance audits of all IPVs. IPVs are paid R38.65 per hour and work, depending on the
size of the prison, between 14 and 67 hours per month. The Structure of the Judicial
Inspectorate of Prisons appears in Annex III of the present report.
ii)
South African Human Rights Commission (SAHRC)
The South African Human Rights Commission is one of several institutions enshrined in the
1996 Constitution of the Republic of South Africa to support democracy. It was established
in October 1995. The composition, functions and powers of the Commission are outlined in
the Human Rights Commission Act No. 154 of 1994. In terms of Article 184 of the Human
Rights Commission Act, the Commission shall….promote respect for human rights and a
culture of human rights, promote the protection, development and attainment of human
rights and monitor and assess the observance of human rights in the country.
The SAHRC has extensive powers which include the power to investigate and report on the
observance of human rights, take steps to secure redress where human rights have been
violated.
During its nine years of existence, the SAHRC has received several complaints from
prisoners ranging from assaults, racism, corruption, maltreatment and other deplorable
conditions of detention. The SAHRC has had several meetings with authorities of the
Department of Correctional Services to discuss some of the complaints. In 1997 the
Commission undertook a nation wide visit to inspect prisons across the country. The
inspections covered all aspects of the prison system including the infrastructure, prison
population, overcrowding, educational and skills development, juvenile, women, persons
awaiting trial, gangs, personnel management, etc. The SAHRC made a number of pertinent
recommendations on how to improve the conditions in prisons. (See Report of the National
Prisons Project of the South African Human Rights Commission – 29 August 1998)
The establishment of the JIOP in 1998 reduced the SAHRC’s focus on prisons and most
complaints received by the latter are referred to the JIOP. However, cases that border on
human rights generally are still handled by the SAHRC.
The SAHRC has also visited the Lindela Repatriation Centre and undertakes regular visits to
the Centre. It partners with other civil society organizations to monitor the situation at
Lindela. Together with the NGO - Lawyers for Human Rights, the SAHRC plans to open an
office in Lindela with a full time officer to work with the authorities. Although there have
been fewer visits to police stations, the SAHRC still receives complaints against the Police.
32
Special Rapporteur on Prisons
Mission to South Africa
14 – 30 June 2004
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