Concerns raised over proposed fund to help poor awaiting-trial prisoners
Image: File
The Portfolio Committee on Correctional Services has raised concerns about the potential implementation of a Bail Fund for South Africa.
Introduced by the Judicial Inspectorate for Correctional Services (JICS), the Bail Fund is designed to assist those awaiting trial who have been granted bail, yet face financial barriers preventing their release.
Currently, 2,613 detainees or "prisoners of poverty" who have been approved for bail set at less than R1,000 but are unable to pay.
Committee chairperson Kgomotso Anthea Ramolobeng, said broader public engagement was necessary before any further steps are taken.
During the session on Tuesday, JICS revealed plans for a pilot project, likely to be launched in the Western Cape, aimed at assessing the operational viability of such a fund.
However, it was indicated that individuals charged with certain serious crimes, such as gender-based violence, would be excluded from benefiting from the fund.
The initiative intends to support only those defendants identified by the courts as non-threatening, who have a reliable home address, and pose no risk to public safety or state witnesses while out on bail.
Ramolobeng acknowledged that while there is consensus on the need for the fund, committee members are wary of community sentiments towards reintegrating awaiting trial offenders, expressing that many community members harbour fears of re-offending.
"During our recent oversight visits to correctional facilities, we observed numerous detainees, including juveniles, who had low bail amounts set. Upon inquiry, families often refused to pay even these small sums, believing that the youths stirred trouble in their communities," she explained.
An essential aspect of the discussion was the plan for monitoring those released on bail.
Concerns were raised about how re-offending would be tracked, as well as the implications should bail money be forfeited if families are unable to pay or if offenders violate their bail conditions.
Ramolobeng noted that "the committee is keen to understand how JICS will ensure compliance and prevent further offences while released on bail."
The committee encouraged JICS to continue collaborating with key partners, including the South African Police Service and the National Prosecuting Authority (NPA).
Ramolobengsaid the committee will monitor this space and engage JICS and other stakeholders once it has sight of a more comprehensive plan.
IOL
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
15 hours ago
- IOL News
NPA seizes R600,000 Fortuner used in blue-light crime near Vryburg
The Asset Forfeiture Unit of the National Prosecuting Authority in the North West Division has obtained a preservation order from the North West High Court Image: Pexels The Asset Forfeiture Unit (AFU) of the National Prosecuting Authority (NPA) in the North West Division has secured a preservation order from the North West High Court regarding a silver Toyota Fortuner valued at approximately R600,000. This order pertains to the vehicle, which was deemed an instrumentality in the commission of an offence as outlined in Schedule 1 of the Prevention of Organised Crime Act (POCA), 121 of 1998. The case stems from an incident on April 27, 2025, when law enforcement officials apprehended a suspect along the N18 near Vryburg for unlawfully employing blue identification lights on the vehicle. These lights are reserved exclusively for authorised emergency and law enforcement personnel, and their improper use is strictly prohibited under Regulations 176 and 185 of the National Road Traffic Regulations, 2000. According to South African law, the use of blue lights is limited to specific individuals, including members of the South African Police Service (SAPS), municipal police officers, provincial and municipal traffic officers, and the Military Police of the South African National Defence Force (SANDF). The apprehended suspect was not only charged with road traffic violations but also found to be in contravention of the Immigration Act, 2002. He was subsequently convicted for being in South Africa without valid documentation and has been deported as part of immigration enforcement measures. The NPA has hailed the court's decision as a resounding endorsement of legal principles and a decisive move to combat the misuse of state-like authority by individuals impersonating law enforcement personnel. In their view, this ruling is a clarion reminder that actions which jeopardise public safety and erode trust in legitimate law enforcement will be met with serious repercussions. 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 ✕ Dr Rachel Makhari, the Director of Public Prosecutions in the North West, expressed commendation for the AFU, recognising their swift action in securing this preservation order. 'This outcome reaffirms our commitment to tackling the growing issue of so-called 'blue light bullies' who intimidate innocent road users and undermine public safety," she stated. "These individuals often act with impunity, posing a serious threat not only to the physical safety of citizens but also to the credibility of law enforcement agencies.' Dr Makhari further emphasised that the NPA, through its Asset Forfeiture Unit, will relentlessly pursue decisive actions against this form of organised criminality. This includes seizing vehicles unlawfully utilised in criminal activities and seeking suitable legal remedies. 'We remain steadfast in our duty to uphold the law and protect our communities from those who seek to exploit authority for criminal gain,' she added. IOL
The Citizen
17 hours ago
- The Citizen
Man's sister laughs to the bank after suing police minister
The Minister of police sued after a man died before seeing Justice for nearly six months imprisonment on false charges. The Gauteng High Court recently awarded R800,000 in damages to the family of Thomas Mashudu Mulaudzi, who died in 2021 before seeing justice for his unlawful arrest and detention that lasted nearly six months in 2015-2016. Judge Seena Yacoob delivered the judgment on 16 July 2025, ordering the Minister of Police to pay damages with interest dating back to 2016, plus legal costs. The case was brought by Mulaudzi's sister, Patience Lutendo Mulaudzi, who serves as executrix of his deceased estate. Mulaudzi, 44, 'died in 2021, apparently from complications arising from the Covid-19 virus,' according to the judgment. He passed away five years after being found not guilty and discharged from charges related to a truck hijacking he had no involvement in. Background of the case The ordeal began on 21 December 2015 when Mulaudzi was working as a dispatch clerk at Diplomat Warehouse. He was called to his superior's office and arrested without being told what charges he faced. Police handcuffed him and took him to where his employer's hijacked truck was parked. Despite having no connection to the hijacking, Mulaudzi was denied bail because police provided the magistrate with incorrect address information. The judgment revealed that 'bail was denied because the police told the magistrate that Mr Mulaudzi had provided an incorrect address. However, he had not; the police had mixed up his address with that of the driver of the hijacked truck.' This error resulted in his detention at Modderbee Prison for nearly six months. Yacoob noted that 'the conditions in the prison were deplorable' and this was 'common cause' between both parties, supported by reports from the Judicial Inspectorate on Correctional Services. ALSO READ: Germiston woman granted bail after teen's death in hit-and-run Impact on family and life The unlawful detention had devastating consequences for Mulaudzi's family life. As a widower, he was solely responsible for three minor children. The court found that the children 'were left home alone when he was arrested' and 'he was only able to arrange for their care the following day.' The psychological impact was severe. Yacoob recorded that Mulaudzi 'testified that he would have liked to have died in prison because he was being accused of something he did not do.' The judge described how 'the effects of the arrest and detention on Mr Mulaudzi were clearly extremely traumatic and catastrophic.' The arrest damaged Mulaudzi's reputation and dignity, particularly as it occurred at his workplace. When he was eventually released, the judgment noted that 'he did not get his job back because it had already been filled.' At a subsequent CCMA hearing, his employer claimed he was involved in a hijacking. However, there was no evidence of his involvement in the hijacking. ALSO READ: NPA secures preservation order in unlawful blue lights case Previous legal findings In 2018, Judge Twala had already determined that Mulaudzi's arrest and detention were unlawful. Yacoob explained that 'my brother Twala J determined in 2018 that the arrest and detention of Mr Mulaudzi was unlawful, and that the first defendant, the Minister of Police, is 100% liable for Mr Mulaudzi's damages arising therefrom.' However, Twala dismissed claims of malicious prosecution and assault but upheld the unlawfulness of the detention. The recent judgment focused solely on determining the quantum of damages, as liability had already been established. Yacoob noted that 'the matter is now before me to determine the quantum of damages for which the minister is liable' and that ultimately 'Mulaudzi was discharged because there was no evidence against him.' Expert medical evidence Mental health experts retained by both parties agreed that Mulaudzi suffered from Post-Traumatic Stress Disorder (PTSD) and Major Depressive Disorder (MDD) as a direct result of his arrest and detention. Yacoob described the effects as 'clearly extremely traumatic and catastrophic'. The judge described how Mulaudzi was transformed from being 'a gainfully employed, respectable member of his community and a caring father' into someone denied basic respect and proper legal procedures. The court emphasised the broader trauma of incarceration, noting 'the 'ordinary' consequences of being incarcerated in one of South Africa's overcrowded and under-resourced prisons, with all autonomy removed.' ALSO READ: 'David vs Goliath': Meta agrees to hand over child porn channel creator information Criticism of state conduct The judge strongly criticised the manner in which state officials handled the case, both during the original proceedings and the current damages assessment. 'They were unprepared, produced evidence erratically and called irrelevant witnesses,' the judge wrote, emphasising that this criticism applied more to the minister's officials than to legal counsel. The judge noted that 'unfortunately, the same is still applicable nearly seven years later.' Despite common cause evidence and similar submissions from both sides regarding appropriate damages, settlement proved impossible. The court found that 'the matter could not be settled simply because the Minister (or the Minister's authorised representative) declined to give the appropriate instruction.' This resulted in unnecessary legal costs and the consumption of scarce judicial resources. Yacoob observed that 'court resources, which are notoriously insufficient,' were applied to 'determine a matter that could easily have been settled.' ALSO READ: Gauteng High Court rules National Dialogue should continue Damages assessment Legal representatives for Mulaudzi's family argued for damages between R700,000 and R1 million, while the state submitted that R500,000 to R700,000 would be appropriate. The judge emphasised that quantum determination 'is not a mathematical exercise, and that it is not a simple calculation of a daily, weekly or monthly rate.' She said the assessment must consider the arrest circumstances, detention conditions, duration, and the violation of basic human rights, while balancing this against the fact that damages come from public funds. After considering all factors, Yacoob determined that 'the appropriate amount to be R800 000.' I am satisfied that a slightly higher award is justified,' Yacoob stated. Punitive costs order Beyond the damages award, Judge Yacoob imposed a punitive costs order against the state, requiring payment of the plaintiff's legal costs on an attorney and client scale. The judge acknowledged that he 'would ordinarily be wary of granting a punitive costs order against the State, as it is public funds at issue and the state has many responsibilities.' However, he justified the order by finding that the way the minister's officials behaved was deserving of a punitive costs order. The court ordered the minister of police to pay R800,000 plus interest of 10.5% from 30 August 2016, to be paid within 20 days of service. Additionally, the judge ruled that the state cover all plaintiff's legal costs, including expert witness fees and interpreter fees, with interest from the tax date to the payment date. READ NEXT: George building collapse 'was entirely preventable' – report
IOL News
17 hours ago
- IOL News
Luxury vehicle threshold for ministers, premiers raised to R1. 1m
Finance Minister Enoch Godongwana and the National Treasury have increased the limit for purchasing of official vehicles for ministers, their deputies, premiers and MECs to R1.1 million from R800,000. Image: Independent Newspapers Ministers and their deputies in President Cyril Ramaphosa's Government of National Unity (GNU) executive can now buy luxury official vehicles valued up to R1.1 million after the National Treasury increased the limit from R800,000. National Treasury director-general Dr. Duncan Pieterse revealed the increase in an instruction dated July 11, 2025, and which came into effect on Tuesday this week. Late former finance minister Tito Mboweni announced the R800,000 cap (inclusive of value-added tax [VAT], maintenance plans and security upgrades) for official cars delivering the medium-term budget policy statement as part of government-wide cost-containment measures. Treasury increased and adjusted the R700,000 threshold to R800,000 in the 2019/20 financial year. 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 Pieterse said Mboweni's successor Enoch Godongwana is required, in terms of the guide for members of the executive (formerly the ministerial handbook), to consult his police, transport and state security counterparts to annually adjust and set the cost limitation for vehicles procured by members of the executive, who also include premiers and MECs. 'The minister (Godongwana) has adjusted the price limit for official vehicles from R800,000 to R1.1m inclusive of VAT, maintenance plans and security upgrades with effect from the date of this Treasury instruction,' stated Pieterse. National and provincial government departments will provide details of all acquisitions related to the costs of vehicles procured for official use by members of the executive in their annual reports at the end of each financial year. Treasury warned members of the executive and departments against purchasing vehicles of higher prices than the set price limit. 'Members of the executive are further prohibited from making personal additional financial contribution or through any form of creative or negotiated trade-in value to purchase a vehicle of a higher price while technically not exceeding the set price limit,' reads the instruction. In addition, the instruction prohibits avoiding compliance by leasing vehicles of a higher threshold in lieu of a direct purchase and subverting the guide's provisions and the price limits by leasing through other means such as the Fleet Management Trading Entities or similar arrangements. The guide sets out conditions as temporary arrangements under which hiring of vehicles may be considered in cases where official vehicles of a similar make and model are not available as may be purchased by departments. This is not the first time Treasury has increased the threshold for official vehicles. In September last year, Pieterse granted a deviation for the Eastern Cape provincial government to proceed with the purchase of a vehicle for official use by members of its executive limited to R900,000 inclusive of VAT, but excluding security features not exceeding a R100,000. At the time, provincial departments were advised to liaise with the SA Police Service for the fitment of security features. ActionSA MP Alan Beesley described the increase in the price threshold for official vehicles for members of the executive as simply unacceptable. 'With close to 50% of households going to bed hungry tonight, the luxury lifestyle of the executive is morally incomprehensible. Under the GNU, we have a bloated cabinet whose perks continue to increase,' he complained. Beesley asked: 'How can the Cabinet tell hard-pressed South Africans to tighten their belts when their own belts are getting considerably looser? It is wrong on so many levels'. He added that corruption comes in many forms, including the systemic abuse of taxpayer's money. ActionSA has introduced the Enhanced Cut Cabinet Perks Bill to amend the Independent Commission for the Remuneration of Public Office Bearers Act to have regard to prevailing economic conditions. Build One South Africa (BOSA) leader and chairperson of Parliament's standing committee on Appropriations, Dr. Mmusi Maimane, said the GNU is fast becoming a patronage network. 'It is not working for the people but serving politicians. Compounding the issue is a bloated executive, VIP protection, a R3 billion expenditure meaning the priority is not on education or economic growth. "We will as BOSA and the appropriations committee continue to fight against such excesses and will be ensuring National treasury accounts for such items,' promised Maimane. BOSA has proposed a drastic reduction in the size of the bloated Cabinet, capping of ministerial perks and a significant cut to wasteful VIP expenditure as well as merging or eliminating underperforming departments that have failed to deliver value to the public.
