A study on leadership in the implementation of non-custodial sentencing by the Department of Justice and Constitutional Development and the Department of Correctional Services
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Date
2019
Authors
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Journal ISSN
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Publisher
University of the Western Cape
Abstract
Overcrowding in prisons is a global phenomenon that undermines efforts by prison or
correctional system officials to rehabilitate offenders so that they can be successfully
reintegrated into society. Overcrowding in South African correctional facilities has been
identified as a key challenge, which negatively affects the ability of the Department of Justice
and Constitutional Development (DOJ & CD) and the Department of Correctional Services
(DCS) firstly, to guarantee the rights of inmates and secondly, to create an environment that is
conducive for rehabilitation.
The legislation and statutory framework outline the options available to both South African
courts and Correctional Officers for imposing non-custodial sentencing. Non-custodial
sentencing can be imposed on: (a) offenders found guilty by courts of law and given noncustodial
sentencing; and (b) offenders already in custody who are eligible for parole or
correctional community supervision, in accordance with the dictates of applicable legislation.
However, despite the visible gains and benefits provided for within the South African legal
framework and statutory books on alternative sentencing, South African prisons continue to be
overcrowded. Studies show that in the last 15 years South African correctional facilities have
not experienced a situation whereby its population was below 120%. This study aims to explore
the role of leadership in the implementation of non-custodial sentencing and subsequent
reduction in overcrowding within the correctional facilities.
Following a qualitative research approach, the researcher conducted interviews with executive
leaders and operational managers of the three Western Cape management areas to determine
the role of leaders in the implementation of non-custodial sentencing. In total five (5) executive
leaders and ten (10) operational managers were interviewed. The findings showed that there is
a need for the Department of Justice and Constitutional Development (DOJ & CD) and the
Department of Correctional Services (DCS) to have a structured approach with regard to the
implementation of non-custodial sentencing when dealing with problems that affect
overcrowding, including the implementation of non-custodial sentences by the leadership of
the DOJ & CD and the DCS.
Description
Masters in Public Administration - MPA
Keywords
Correctional services, South Africa, Overcrowding, Prinson, Inmates