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IOL News
3 days ago
- IOL News
South Africa's prison population reaches 166 924: The impact of budget constraints
The total population of inmates increased to 166,924 as of December 31, 2024, throughout South Africa. Image: Bheki Radebe Within three months, 6 571 more inmates occupied prisons throughout South Africa, bringing the total population of inmates to 166 924 as of December 31, 2024. The Department of Correctional Services (DCS) presented the 3rd Quarter Performance Report for the 2024/25 financial year to the Portfolio Committee on Correctional Services on Tuesday, noting that the prison population increased from 160 353 on September 30, 2024. In the DCS report, reference was made to the capital budget being underfunded by R222 million, constraining infrastructure upgrades and maintenance. The DCS stated that food costs have surged, driven not only by inflation and a growing inmate population, but also by the rising number of foreign nationals housed in correctional facilities, which are experiencing the highest concentration of this challenge. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading Approximately 27% of offenders in Gauteng are foreign nationals. Polokwane and Thohoyandou in Limpopo, Barberton in Mpumalanga, and Klerksdorp, North West, correctional centres admitted more remand detainees, mostly foreign nationals, due to SAPS operations Vala Umgodi and Shanela, where they were charged for illegal mining and illegal immigration. The DCS stated that due to municipal tariffs for electricity, water, and sanitation escalating above the Consumer Price Index, it is creating further strain on the already stretched goods and services budget. The department stated that the branch budget is also severely constrained, hampering efforts to modernise digital infrastructure and cybersecurity. The DCS did not meet its target in Information Technology (IT) because of a number of sites where a mesh network and an integrated security system (ISS) are installed. The reason provided was attributed to a delay in the testing of the Audio Visual Remand (AVR) due to the unavailability of the confirmed court dates by the Department of Justice. The DCS also stated that funds allocated for the Local Area Network (LAN) infrastructure project were insufficient due to a budget shortfall for the Microsoft licenses. It highlighted that overcrowding in correctional facilities is in excess of approved bed space capacity. 'The admission of remand detainees and sentenced offenders exceeds the outflow of cases from the system,' the DCS stated. The unsentenced inmate population increased by 5 934, while the sentenced offender population increased by 637. With regard to overcrowding in Gauteng, the DCS stated that the Leeuwkop Medium B is unable to utilise four cells with a capacity of 160 because of two burnt cells and two that are adjacent to the burnt cells. At the same facility, the DCS cannot use the Delta units with a bed space of 340 due to a lack of resources; further details are not provided. The DCS was allocated a budget of R27.8 billion, with 60% going towards incarceration, amounting to R16.7bn. Cape Argus
IOL News
18-05-2025
- IOL News
Eastern Cape Education faces lawsuit from retired teacher over leave gratuity
A former teacher is suing Eastern Cape Education and MEC Fundile Gade for leave gratuity money that she was allegedly short-paid when she retired in 2020. Image: Bheki Radebe/African News Agency (ANA) A retired teacher is embroiled in a legal battle with the Eastern Cape Department of Education, claiming R198,608 in unpaid leave gratuity following her retirement in 2020. The former teacher, Thandile Mposelwa, is suing the department and MEC Fundile Gade for leave gratuity money that she was allegedly short-paid upon her retirement in 2020. She claimed that the department owed her R198,608.06 after receiving an amount of R25,369,25 from her leave credits of R223,978,23. However, the Deaprtment of Education in the Eastern Cape said the leave credits were audited and an amount of R46,782,57 became payable to her. Mposelwa has been working for the department since 1988. She was promoted as a principal at Thembalethu Junior Secondary School in 1992. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ In 2010, she was transferred to a deputy principal post at Sterkspruit Junior Secondary School, where she worked until her retirement in 2020. She argued that in terms of the policy, permanent and fixed-term contract employees were entitled to the cash value of any unused annual leave credits in respect of their annual leave cycle. Mposelwa, who was in her final year to complete a Bachelor of Arts Degree, said her study leave was approved from March 1, 1996, to December 31, 1996. Mposelwa stated that following her retirement, an amount of R25,369,65 was paid into her FNB account in January 2021 and this payment fell short of what she was entitled to receive in terms of the department's policy, especially for the days she accrued while she was still employed. She said the money did not correlate with the amount of R223,978,23, which is recorded as the money paid to her. 'Prior to July 1, 2000, employees in the public service were allowed to utilise their accumulated leave working backward if they had accumulated enough leave credits. This was the case when the plaintiff (Mposelwa) took study leave in 1996 to complete her studies,' read the court papers. Mposelwa said the amount paid was inconsistent with the calculation of her leave gratuity credits. The Zwelitsha Magistrate Court is expected to hand down a default judgment on May 23, 2025, after Mposelwa applied for an exception judgment last year. The basis of her exception application was that the department's plea was vague, embarrassing and lacked averments to sustain a defence. The department was granted leave to amend its plea within 15 days. Mposelwa's nephew, Bandile Magibili, said at the lapse of 15 days, the department decided to serve Mposelwa's legal representatives with a purported amended plea. He said when Mposelwa's representatives considered the plea, it was established that the department intended to file the same plea that was subject to the exception judgment. 'In other words, they wanted to file a replica of the plea that was set aside by the court. It is on this basis that the representatives objected to the purported amended plea by way of making an application for summary judgment,' he said. A summary judgment is a procedural mechanism that allows a court to decide a case without a full trial when there is no genuine dispute about the key facts. Essentially, it is a way to expedite a case when it is clear that the defendant has no viable defence. Magibili said the summary judgment application sat before the court on July 16, 2024, but could not proceed as the department served Mposelwa's lawyers with a defective answering affidavit. 'They served the representatives with a notice of filing and annexures to the affidavit, without the affidavit itself. The matter was therefore postponed to August 13, 2024, for the department to file a proper affidavit in court and serve the representatives with the same, in order for the matter to be argued on August 13, 2024 and the Department is now bringing an Application to file an amended Plea.' 'Through the advice of the representatives of the plaintiff we opposed this application and that it be heard on the same day as the summary judgment, August 13, 2024. Sadly, due to technical glitches in the recording devices at court, the matter could not proceed and was postponed to October 8, 2024. The basis for our inclination to oppose this application to amend is that the department is insisting that their purported amended plea is the same as the one that was set aside by the court in the exception judgment,' said Magibili. Asked for a comment, Eastern Cape Education spokesperson Mboxela Ceduma said the department can only talk on a judgment that would have been served to them, adding that: 'For now we wait for the court to announce its view.' In a letter issued to Mposelwa on September 18, 2024, the Eastern Cape education department said the human resources (HR) confirmed that the recalculation was done correctly at the time of the first court application and documentation to that effect was furnished. The department added that HR further confirmed that all moneys due to Mposelwa were paid to her.
