Ministry of Prisons and Correctional Services

Introduction

The Namibian Prisons and Correctional Services is established under an Act of Parliament (Act 17 of 1998) has been provided for in Chapter 15 of the Namibian Constitution, Articles 121 to 123. This marked the departure of the colonial prison system which was purely for incarceration.

The main objective of the ministry had been the safe custody of people committed to imprisonment by the country's courts of law and to ensure their rehabilitation and ultimate re-integration in society. With this new approach of rehabilitation, all the prisons operations were being conducted in a humane way in accordance with the national and international law and codes of conduct, and that inmates cared for in a compassionate manner by affording them the opportunity to regain their self respect as a logical way for their rehabilitation.

The ministry also played a meaningful role as an instrument of the country's Criminal Justice System by protecting law abiding citizens from criminal elements. This task has been accomplished through incarceration of offenders and their rehabilitation for the eventual re-integration into society, while exercising reasonable safe and secure control. For purposes of maintaining law and order, the ministry worked together with other agencies of the Criminal Justice System and through support from the community, non-governmental organisations and other governmental agencies. The central focus has been aimed at safe custody and rehabilitation of offenders. Furthermore, the ministry has been striving to operate in an efficient, effective and economic manner by emphasising on self-sufficiency in food production and making contribution to government revenue.

 Structure of the Ministry 

The Ministry of Prisons and Correctional Services has been reviewing its old structure in order to conform with the prevailing demands as well as, coping up with the trend of philosophical, approach of the rehabilitation of offenders.

Therefore since the creation of the ministry in 1995, the structure of the then Department of Prisons under the Ministry of Home Affairs remained in operation despite ever-increasing demands to meet new challenges of the service. Through the defunct structure, the ministry expanded its operational activities while the span of control remained very limited. In such a situation, the current structure could not sustain the positive development the ministry has been striving to achieve. The lopsided structure under force is not only outdated but does not reflect the envisaged spirit of the ministry's mission statement.

As a result, the ministry has been operating understaffed with few members available being exposed to added responsibilities caused by an increasing prison population and the volume of work with less opportunities or advancement in terms of promotions.

The main divisions in the ministry are as follows:

Directorate Finance and Administration

The Directorate of Finance and Administration is vested with the function of the overall administration of the ministry, and has the function of handling the financial transactions, maintaining financial security and managing the ministry’s budget. Under this directorate is also the Finance and Salary Offices, the Personnel, the Control and Registry Offices.

Office of the Commissioner of Prisons

The Office of the Commissioner of Prisons has the function of rendering correctional services and safe custody of offenders in order to protect the community against the re-occurrence of crime. This office has the function of rendering an efficient administration of the Prison Service in accordance with Article 122 of the Constitution.

Division Inmate Rehabilitation

This division falls under the Office of the Commissioner of Prisons and has the function of rehabilitating prisoners in order to enable them to lead a law abiding living after re-integration into society.  The division is charged the function of creating and rendering social work services to inmates and to further evaluate social work programs.

Division Security and Intelligence

The division has the function of advising the Office of the Commissioner on all security and intelligence matters. It ensures the safe custody of prisoners by ensuring that security procedures are properly adhered to. Furthermore the division checks on the discipline of members and other military cultures in order to maintain the required professional standard of the system.

Division all Prisons

The Division All Prisons bears the function of co-ordinating the activities and administration of all prisons between the Office of the Commissioner of Prisons and all officers in charge of the prisons.  It further ensures that, all prisons are administered in accordance with the law and to take action on the directives of the Inspectorate.

Division Prison Inspectorate

The Prisons Inspectorate Division is charged the function of co-ordinating inspection activities with other divisions on all prisons functionaries.

Division Inmate Affairs

To direct all legal and administrative matters pertaining to inmates. To deal with all

 complaints from the prisons in regard to the welfare of prisoners. Also to conduct the

research of all issues relevant to the administration of all prisons.

Achievements

The most important achievement underscored by the ministry has been the promulgation of the Prisons Act 1998 (Act 17 of 1998).  This had been an arduous task which involved additions and subtractions from the infamous Prisons Act No.8 of 1959 as amended with its subsidiary legislation.  It was not only a question of adding and subtracting from the old Act, but the work also included new innovations in order to uphold people's aspirations towards the new democratic dispensation.

The new Act has gone great lengths in ensuring that, the United Nations standard minimum rules for the treatment of offenders are adhered to, including all other treaties to which Namibia is signatory. The Act also hinges on the ministry's mission statement as contained in the Policy paper by emphasising the need of running prisons cost-effectively as well as urging the Prison Service to be self sufficient in food production. This approach has been attained through training, and imparting skills to prisoners in the form of rehabilitation.  Befittingly, this is contained in this new Prison Law with the instruction that, prisoners as far as practicable should be engaged in -such work in order to promote and nurture training and industrial skills to equip them to manage their lives in a productive manner after release from prisons.

Evidently during the past ten years, most of the members of the Service were not quite confident on what ever they were doing and were vulnerable to public disapproval whenever things went wrong.  The colonial law was full of amendments to the extent of making it almost impracticable and it was synonymous to walking a tight rope.  As a result the word rehabilitation was only used as a shield to cover up the seeming non-existence of the appropriate law.

All the problematic areas where the Prison Service was stressful causing indiscipline of members have been taken care of and stringent measures put in place.  Another new arrangement brought by the new Act, has been the    revitalisation of the Prisons Canteen System. The purpose thereof has been to take care of the members' welfare as well as affording them recreation activities. The new Act has also taken together the introduction of the Prisons Council chaired by a member from the Public Service Commission with most of its membership drawn from the ranks of the Prison Service.

National and Zonal Release Boards

Subject to Section 97(12) of the new Prisons Act, a National Release Board has been established at the request of the Commissioner of Prisons.  The Board is mandated to make the following recommendations to the Minister of Prisons and Correctional Services:

The release of prisoners on parole or probation or the remission of sentence of a prisoner serving a sentence of imprisonment of three years or more or those prisoners who have been declared habitual criminals.

Other Release Boards such as Zonal Release Boards have been appointed by the minister in the regions to perform powers, duties and functions conferred upon such Boards upon the request of the Officers in Charge of the prisons situated in the respective regions to authorise the release on parole or probation of prisoners serving sentences of imprisonment of six months or less or grant the remission of such sentences.

Treatment of Offenders and Their Classification

Since independence the treatment of offenders has been designed to encourage them to turn from crime and criminal attitudes.  Currently all prisons and other related institutions utilise all remedial measures which are educational, moral and spiritual and other methods applicable for individual treatment.  The notion behind this school of thought is that, offenders had been sentenced to imprisonment as a punishment and not to be punished, unless when involved in prohibitive activities.  One other thought behind this is when an offender has been cut from the outside world is more afflictive by the very fact of taking from a person the right of self determination by depriving him or her liberty.

Therefore the treatment of offenders has been organised through the classification of prisons and offenders in the following manner:

Maximum Security Prisons

A maximum security prison is a central prison which can incarcerate all types of classes of offenders serving all -lengths of sentences.  These include prisons at Windhoek, Hardap, Walvis Bay and Oluno.  The prisons are ideal for detention of long term offenders including hardcore criminals.  In most of these prisons-offenders are exposed to skillful training.  Maximum security prisons have been geographically well suited to afford offenders the opportunity to maintain contact with their relatives.

Open Prison Farms

These are large institutions engaged in one or more agricultural activities.  They cater for carefully selected offenders who have not more than three years to serve before release from prison.  In most cases, these are first offenders or those who have been imprisoned previously, but are considered by reason of their criminal history, character and nature of the last offence suitable for treatment and training with first offenders.  Currently there is only one open prison farm at Divundu in the Kavango region.

District Prisons

A District prison could be a maximum security prison which is a reception centre for both those offenders awaiting trial and for convicted prisoners including those in transit to other prisons or juvenile centres.  District prisons cater for offenders serving sentences of up to two years.  These, in the ministry's new arrangement include prisons at Luderitz, Keetmanshoop, Gobabis, Omaruru, Grootfontein, and Swakopmund.

Prison CM

Prison Camps are small temporary prisons established by the Commissioner of Prisons for specific purposes, for few specific types of prisoners having not more than 12 months to serve before release.

Juvenile Rehabilitation Centre

These institutions have been designed for young offenders aged twenty-one and under who by international standards are not supposed to mix with adult offenders.  Currently and unlike during the previous dispensation, there is the Elizabeth Nepemba Juvenile Centre near Rundu under development.

Remand Prisons

Plans are underway to establish Remand prisons in the country for, the detention of awaiting trial prisoners. The earmarked places include Windhoek, Oshana and Kavango regions.  Currently Awaiting trial offenders are usually detained in police cells. The establishment of Remand prisons is perceived a positive step in eradicating the existing contradiction which gives the police responsibilities of arresting and detaining suspects.  It is important to have such institutions in order to avoid embarrassing accusations of torture and mistreatment of awaiting trials often raised against the police.  In principle awaiting trials is a classification of prisoners whose treatment differ from that of convicted prisoners but, essentially are prisoners administered by the same rules and regulations of the Prison Management as stipulated in the Act.

Having such a classification it would become very practical to send offenders to the right place for the right treatment and training. As a positive approach to rehabilitation, classification of offenders has been based on lengths of sentences, offences, character, age, gender and criminal history. In this arrangement first offenders are not allowed to mix with hardcore criminals. Such a system has provided a mechanism of controlling overcrowding and to overcome enforced idleness by prisoners in productive agricultural and industrial work.

Other achievements on record has been the improvement of security at the Windhoek Central prison. This has been made a reality through the assistance of NAMDEB whose project of installing a CCTV (Closed Circuit Television) has already been started with a commitment of N$837 393.00 already been made for the erection of out and inside fences, building of the gatehouse and electrification of the premises inner fences.

Through this determination of controlling and reducing escapes, the ministry has been able to reduce the number of escapes to more than fifty during 1997. The total number of prisoners who escaped from prisons was thirty-eight while in 1998 is only fifteen.

On the side of the rehabilitation of prisoners, equally well, the period under review showed good signs.  Literacy education was very much emphasised together with other programmes.  The number of educational promoters was increased to accelerate literacy education to inmates and also secondary and tertiary education was very much conducted with the assistance of the Ministry of Education and Culture and Namcol respectively.

On vocational training, the employment opportunities to prisoners were given a boost by extending the ministerial construction team. The construction project was established at Elizabeth Nepemba Juvenile Centre manned by inmates. For the first time such project is being carried out by prisoners instead of private contractors. This does not only save the state money but also provides the necessary training to prisoners as well as providing them with prerequisite skills to be used after their sentences have expired.

On self sufficiency in food production, the ministry has made positive strides towards reaching this goal. Prisoners are engaged in diverse activities geared into making the ministry self reliant in some other areas.  Divundu Open Prison Farm has +- about 260 hectares where prisoners are producing vegetables, maize, mahangu and other products.

Table I indicates the ministry’s production figures for 1997 and 1998 with the following products having been harvested:

Table 1: Production in prisons

Training of Members

The ministry has realised the importance of training prison service members due to the high demand for the competitive level of professionalism in technological innovation. After independence, Prison Service members were still trained in South Africa. The lack of resources to provide for such programmes made the ministry to realise the need of developing its own training programmes.

During 1991, the Namibian Prison Service started offering training courses to its members at Luiperds Valley near Windhoek. In 1998 a new college was established at Patrick Iyambo for the training of more recruits. During 1990 to 1999 various training programmes were offered to members such as prisons basic training, Management and Supervisory courses.  Other courses such as AIDS counselling were introduced for purposes of fighting against the AIDS killer disease in the Service.

More courses are being offered to members through distance learning by Technikon SA. There are plans worked out to exchange training programmes with the Canadian Prison Service in terms of human resource development.  Prison officers benefited from the following courses:

Table 2: Courses organised for prison officers

Vision 2030

The ministry's mission up to the year 2030 is intended to keep in safe custody people committed to periods of imprisonment by courts of law and to eventually rehabilitate them. In so doing, the ministry aims at operating within national and internal law and codes of conduct.  Inmates will be cared for in a humane and compassionate manner, by respecting the dignity of individuals, with the emphasis being on rehabilitation. The ministry will strive to operate in an efficient and economic manner with the emphasis on self sufficiency in food production and making a contribution to government revenue.

The ministry's vision for the year 2030 is to have an efficient Prison Administration with emphasis on correctional and rehabilitation functions.  The rationale of rehabilitation, values and beliefs are pegged on the ultimate goal of offenders being re-integrated into society as law abiding citizens capable of leading honest and industrial lives after imprisonment, having fully developed self respect and a sense of responsibility. In this respect, the ministry's expectation is to provide services which meet international and national requirements and of which government and the Service can be proud.

Through this arrangement many categories of offenders would be provided with relevant training opportunities and constructive work. Furthermore that, they are instilled with the sense of a working culture in order to appreciate working habits instead of their criminal acts.  Such an approach will condition offenders to understand that, work in itself, is a practical substitute for criminal activities.

The intention is to train them to utilise all resources cost effectively in order to provide services and products for the purpose of maximising self sufficiency. Offenders will be encouraged to be part and parcel of the community and that, they are exposed to their rights relating to civil liberties, social security rights and other social benefits.

Overcrowding and community service

Penal administrations throughout the world are looking for acceptable alternatives to imprisonment.  Increasing non-custodial sanctions are being advocated as one way of dealing with the ever increasing question of overcrowding in prisons. Apart from easing congestion in prisons, it is also a way of avoiding sending, offenders with short sentences to prison.

Currently one finds a big number of petty crimes offenders stocked in the prisons causing congestion. It is very expensive to keep such individuals in prisons when they could usefully be utilised in community services. Such services if well and properly administered could promote the following in prisons:

reduction of overcrowding, reduction of the prisons budget, promotion and consolidation of rehabilitation and re-integration of offenders into society. Such schemes do, however, require close supervision by non-Prison Service staff, bringing in additional costs for staff and administration.

Challenges for the New Millennium

The biggest challenge to all members of the Service and members of staff in the ministry for the millennium is the observance of certain standards of conduct such as professionalism and ethical conduct. Strict adherence to such standards through positive communication is fundamental to the successful performance of duties and responsibilities in the ministry.

Based on the objectives of the Prison Service, members are expected to act according to certain values and norms in order to ensure good support with the community. Good conduct all the time brings about good interpersonal relations with clients and the public.

"Shape up or ship out”. Each and every employee of the ministry is required to set out targets of performance and discuss contributions which would make sure that, a high standard of ethical and professional conduct prevails, Prison Service members should regard themselves as professionals whether they are on or off duty.  This could be done by improving qualifications in search of excellence, good interpersonal relations and obedience to the laws of the land.

In order to accomplish the above, training should be one of the vehicles used to expedite meaningful change. Adequate resources should be provided to ensure training and continuity.  Training alone may not be sufficient because usually after receiving it, many people tend to revert back to their old ways of doing things. It would therefore be a good thing to consider the establishment of a professional association for Prison Officials by which training standards and programmes would be worked out in liaison with other associations in the fields of Prisons and Corrections.  Such an association would help to maintain strict compliance with the code of ethics by acting against unethical, unprofessional behaviour in order to ensure that, a certain standard of behaviour is established and sustained.

One other challenge for the millennium should be the improvement of security structures at all prisons for the purpose of reducing overcrowding and escapes. Although the ministry is committed to the policy of rehabilitation, the safe custody of inmates remain first, priority.  Therefore the primary duty of every prison' officer is to prevent the escape of any prisoner legally committed under custody.

Most escapes have been perpetuated by negligence, lack of security consciousness and unaccountability of members at different levels.

It is therefore imperative to mention that, there is a need for a much more effective management by senior members and the introduction and enforcement of improved working methods.

As an integral part of the policy of the safe custody of inmates, the intention should be the reduction of overcrowding in prisons and as far as practicable improve the standards of hygiene and cleanliness, improve medical. and dental care, introduce regular maintenance inspections and generally improve the living environment of inmates.

In an effort to minimise escapes, security procedures should be reviewed and improved where necessary and clearly documented. Senior members should ensure that, junior members understand such procedures and the part they play in ensuring the safe custody of inmates. Such procedures should be inspected frequently, keeping records of situations and the corrective action taken.

Senior members should be obliged to make junior members continuously security conscious in order to maintain the feeling of security awareness among them. By implication, in every escape, the spirit of accountability would first be considered. Investigations on all escapes would always aim at establishing elements of negligence in order to take precautiorial measures for the prevention of further escapes.

The millennium should see the practical application of a distinguishable Task Force well trained for custodial duties, escorts, searches, trackers of dangerous escapes etc. Such a Task Force should be reinforced by the Intelligence Unit through the collection of reliable information.

Prisoners should be seen actively and fully occupied on rehabilitation work.  The long term programme of opening more open prison farms should be made a reality. The expected farms together with the Divundu Open Prison Farm should employ more well selected prisoners who apart from producing would in one or another way undergo training in rudiments of modem farming. This means that, the intended expectation should be to engage over 70% of the total prison population while the remaining 30% would be engaged in literacy or sports activities.

Furthermore it is expected that, the construction of the complex Farm Scott institutions in the Tsumeb triangle to comprise of maximum, medium and open prison farms would accommodate different classifications of inmates into different treatment programmes. The construction of these institutions will conform with the intended approach of Unit Management where close contact between members and inmates would be maintained.

Other challenges are for the ministry to computerise its prisons system The need for computerising the' whole system to conform to the ministry's policy towards efficiency, effectiveness as well as the new technological innovations. The ministry strives to achieve this by the year 2005.