Latest news with #CorrectionalServicesAct
Daily Maverick
9 hours ago
- Politics
- Daily Maverick
Breaking the crime cycle — Bail Fund could ease prison overcrowding
South Africa's prisons are overcrowded by 53%, with remand detainees accounting for almost a third of those incarcerated. While legislative efforts to reduce overcrowding have been ineffective, the Bail Fund could help those who can't afford to pay their bail. Correctional Services Minister Dr Pieter Groenewald has said remand detainees have a direct bearing on prisons' bed capacity, which is one of several factors contributing to prison overcrowding. There are just 107,000 beds in South African prisons, but about 166,000 inmates are housed in the country's 243 correctional centres, resulting in a 53% overcrowding rate. This negatively affects safety and security, gang violence, and the success of rehabilitation programmes. In March this year, Daily Maverick's Caryn Dolley reported that cellphones, alcohol, smoking pipes, drugs and even tattoo machines are passing through South Africa's overcrowded prisons as inmates and corrupt officials collude to form a key part of organised crime networks. Groenewald, speaking during the Department of Correctional Services (DCS) budget vote in July, said there were 107,067 bed spaces available, currently occupied by 104,550 sentenced inmates. There are almost 60,000 remand detainees (those awaiting trial or sentencing), pushing the number of beds needed to around 166,000. The minister stressed that remand detainees significantly contributed to overcrowding, noting that the department had to admit all court-referred persons, regardless of capacity. Currently, 2,530 remand detainees remained in custody solely because they could not afford bail of R1,000 or less, despite having been granted bail by courts. Keeping each of these individuals in custody costs the taxpayer R463 per person per day. Prison overcrowding and high recidivism rates are linked, creating a dangerous cycle. Overcrowded facilities make it impossible to provide adequate living conditions and effective rehabilitation programmes. Without effective rehabilitation, ex-prisoners are more likely to reoffend upon release, which contributes to more overcrowding when they re-enter the prison system. Legal strategies fail to curb overcrowding Another impediment to overcrowding, as heard by the parliamentary correctional services committee on Friday, 25 July, was the low success rate of legislation targeted at reducing overcrowding in correctional facilities around the country. The DCS briefed the committee on the use of Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedures Act (CPA) applications. Both sections aim to reduce overcrowding in correctional facilities. Section 49G says a remand detainee may not be detained for more than two years without the matter being brought to the attention of the court. The head of the remand centre must refer the case to the court at least three months before the two-year detention period lapses. If the detainee remains in custody following the initial review, further submissions to the court must be made on an annual basis. Section 62F of the CPA allows courts to impose additional bail conditions, such as placing an accused person under probation or correctional supervision, rather than in remand. Both sections have done little to alleviate overcrowding. The committee heard that Section 62F was underused while the success rate for the 12,283 Section 49G applications in 2022/23 was 1.25% nationally, with the Eastern Cape and Western Cape both indicating a 0% success rate. 'In terms of the outcomes of Section 49G application, especially relating to the Eastern Cape, it's a very serious concern. The committee will raise this with the Minister of Justice and Constitutional Development that deals with referrals,' said correctional services committee chairperson Kgomotso Ramolobeng. Efforts at solutions The Bail Fund could offer a viable solution to easing overcrowding in correctional facilities. The fund aims to address the injustice faced by remand detainees who cannot afford bail amounts under R1,000 by providing financial assistance. The fund will rely solely on private funding. A pilot project in the Western Cape is being developed to test its feasibility, with eligibility criteria excluding individuals accused of serious crimes such as gender-based violence (GBV). Courts will determine suitability, ensuring beneficiaries do not pose a public risk, have a fixed address and will comply with bail conditions. The fund is led by the Judicial Inspectorate for Correctional Services (Jics) with support from the Bertha Foundation and other stakeholders. It has produced a feasibility study and raised roughly half of the required pilot money through philanthropy. A trust has been formed to oversee the fund. The next stages are to secure additional funding, designate trustees and finalise eligibility guidelines. Judicial Inspectorate for Correctional Service (Jics) inspecting Judge Edwin Cameron has described the more than 2,500 remand detainees who remain in prison because they can't afford bail as 'prisoners of poverty'. He said it was a grave injustice which significantly contributed to South Africa's prison overcrowding problem. Parliamentary committee chairperson Ms Kgomotso Anthea Ramolobeng indicated that committee members agreed that much work needed to be done on the project, including an extensive public participation process to establish whether communities would be in favour of such a fund. 'The committee encouraged Jics to continue with its groundwork on the project with other stakeholders like the South African Police Service and the NPA. It is important to thoroughly engage communities, as offenders on bail will have to go back to families and communities. 'The committee will monitor this space and engage Jics and other stakeholders once it has sight of a more comprehensive plan,' she said. Foreign nationals 'extra burden' To alleviate overcrowding in correctional facilities, Groenewald wants to deport foreign prisoners. More than 12,000 foreign prisoners make up 19% of the remand population, which the minister says contributes to overcrowding. Another about 12,000 are serving sentences, who make up just over 12% of sentenced prisoners. During his budget speech, Groenewald emphasised: 'The South African taxpayer foots the bill for just over 24,000 foreign nationals. Calculated at R463 per day, this results in an expense of R11,112,000 per day. We are currently exploring various solutions, including diplomatic approaches.' He said bilateral engagements with South African Development Community countries to deport offenders who were foreign nationals aimed to ease overcrowding in correctional facilities. The process is already under way, with the Protocol on the Management of Foreign Nationals: Remand Detainees and Persons Detained for Deportation signed by Correctional Services, SAPS, and the Department of Home Affairs. According to the minister, a process is under way to amend the Criminal Procedure Act to enable the deportation of offenders who were foreign nationals. DM
The South African
4 days ago
- The South African
Overcrowding at South Africa's prisons in the spotlight
The Portfolio Committee on Correctional Services has expressed concern over the low success rate of the current legislation aimed at reducing overcrowding in the country's correctional facilities. This comes after the committee received a briefing from the Department of Correctional Services (DCS) regarding the implementation of Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedures Act (CPA) applications. Both sections aimed to alleviate pressure on the country's overburdened correctional facilities. Section 49G of the Act determines that a remand detainee may not be detained for a period exceeding two years without such matter having been brought to the attention of the court concerned. The referral of the remand detainee by the head of the remand detention centre must be done three months prior to the completion of two years in detention. This will provide sufficient time for the courts to apply their minds. If a remand detainee remains in detention after the first consideration, further submissions must be made annually. Section 62(f) makes provision for the placement of awaiting trial detainees under the supervision of a correctional official as a condition of bail. During a briefing, the committee heard that the success rate under Section 49G of the CSA for the 2022/23 financial year is 1.25% of 12 283 court referrals nationally, with the Eastern Cape and Western Cape both indicating a 0% success rate. In terms of 2023/24, the Eastern Cape once again showed a 0% success rate. In the 2024/25 financial year the province had 142 court referrals and only one was successful and in the current financial year it has had two successful court referrals. 'The committee also heard that approximately 40% of the total sentenced offender population are serving sentences above 15 years, inclusive of those serving life sentences. Lifers will typically remain incarcerated for longer periods of time and are sentenced/convicted of serious crimes. This means that bed spaces will not become readily available, which places more pressure on already overcrowded correctional facilities,' Committee Chairperson, Kgomotso Anthea Ramolobeng said. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
IOL News
6 days ago
- Politics
- IOL News
Prison overcrowding crisis raises alarm with 57,000 remand detainees
The Department of Correctional Services says its attempts to refer cases to court for some categories of prisoners to be released to serve community corrections were not yielding much success as fewer matters were approved. Image: File The Department of Correctional Services has revealed that it has a staggering population of 57, 000 remand detainees while prisons are bursting at the seams with an overcrowding of 163, 000 prisoners. The department said its attempts to refer cases to court for some categories of prisoners to be released to serve community corrections, were not yielding much success as fewer matters were approved. Deputy minister Lindiwe Ntshalintshali said the law provided that remand detainees may be considered for correctional supervision after serving almost two years uninterrupted detention. 'Where we apply and seek approval, we don't have control over that hence we say the engagement between ministers (Correctional and Justice) is very important so that they can assist in that regard,' she said, adding that some remand detainees can't be released because of the nature of crimes committed. 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 ✕ On Friday, MPs heard that the Correctional Services Act makes a provision that the period of incarceration of a remand detainee must not exceed two years from the initial date of admission into the remand detention facility without such matter having been brought to the attention of the court. The Criminal Procedure Act allows any court when a charge is pending when bail is granted to add further conditions of bail under correctional supervision on application by the prosecutor. A presentation to the portfolio committee on Friday showed that there were 57,901 remand detainees as at June 30. Chief deputy commissioner for remand detainees Cynthia Ramulifho said the prison population stood at 163,179. She said the court referrals, made on the basis of the Criminal Procedure and Correctional Services Acts, were used to reduce overcrowding in prisons. Ramulifho said there were 71 unsentenced children while 41 were incarcerated. 'At the time we appeared before the committee, we were sitting around 56 and now it has gone up,' she said in reference to unsentenced minors. Ramulifho also said about 40% of the total sentenced offender population were serving sentences above 15 years, inclusive of those serving life sentences. 'Lifers will typically remain incarcerated for longer periods of time and are sentenced or convicted of serious crimes. This means that bed spaces will not become readily available, which places more pressure on already overcrowded correctional facilities.' She told MPs that the department identified those remand detainees who qualify for referral to be considered for correctional supervision. Ramulifho said: 'We don't get positive results.' Out of the 24,566 referrals made in 2022/23, only 308 were successful. There were only 560 referrals that were approved out of 19,764 the following year. In 2024/25, only 676 were approved from 18,206. The department revealed that only 2405 referral for conversion of bail to correctional supervision were proved over the past three years. Ntshalintshali said the figures showed that there were challenges in terms of the results they desired. 'Whereas Correctional Services is pushing, there is a bit of a process with the Minister of Justice. We must find a way to deal with these matters," she said. MK Party's Musawenkosi Gasa said the data revealed that were systemic inefficiencies. 'The high percentage of inmates serving above 15 years exacerbates the overcrowding yet Department of Correctional Services fails to propose a concrete plan for long-term sentencing reforms,' Gasa said. ANC's Samuel Moela said the issue of overcrowding remained a serious challenge in correctional centres. Moela said the planned meeting between the two ministries should meet so that they could commit to a long term solution to the overcrowding problem in the prisons. Committee chairperson Kgomotso Ramolobeng urged the two departments to continue working together in order to strive for better ways to implement the pieces of legislation effectively. Ramolobeng called on the department to capacitate and improve the functioning of community corrections so that the courts can have confidence in the system and place more remand detainees under correctional supervision.
The Citizen
25-07-2025
- Politics
- The Citizen
Court processes clogging prisons, hears correctional services committee
The Department of Correctional Services says 40% of the prison population is serving sentences of 15 years or more. The high number of suspects remanded in custody is being exacerbated by avoidable postponements, says the department of correctional services (DCS). The department's portfolio committee was on Friday given a presentation on measures to reduce overcrowding, when the challenges with the legal system were explained. Legislation mandates that suspects should not be held indefinitely and that reasons for extended stays under remand must be recorded. Large lifer population The two pieces of legislation covered by the briefing were Section 49G of the Correctional Services Act and Section 62F of the Criminal Procedure Act. Section 49G says that remanded suspects must not be held in custody for longer than a period of two years without the relevant court being notified. Section 62F relates to the adjust of bail conditions imposed upon accused persons awaiting prosecution. Causing additional congestion is the number of inmates serving lengthy sentences, with 40% of inmates serving sentences over 15 years. 'This means that bed spaces will not become readily available, which places more pressure on already overcrowded correctional facilities,' DCS said. The department said 19 664 inmates were sentenced to life, 10 870 inmates were serving sentences of 20-25 years and another 10 856 were serving between 15 and 20 years. Reasons for postponements Those remanded in custody — a total of 57 800 inmates — while awaiting prosecution are done so because the suspect is either ineligible for bail or can not afford bail. Postponements and case delays prolong the accused stays, with DCS listing the reasons given by the relevant courts being: Presence of the co-accused; Changing of legal representatives; Request for case related documents so that the newly appointed legal representatives can prepare for the case; Delays in handing over of case documents to the newly appointed legal representatives; Lack of funds to pay private legal representatives; Additional charges inferred to the accused while on bail; Multiple number of co-accused in one case; Accused linked to other crimes that are under investigation; Withdrawal of legal representation by attorneys; Delays in securing a date in the high court; Loss of court records; Failure of witnesses to appear in court leading to the case being remanded several times; Multiple witnesses in the case; Requests for remand by defence, lawyers of the accused or the state; and Requests for separation of trials. Solving the 'puzzle' DCS said its remedies included greater integration with the justice, crime prevention and security (JCPS) cluster and the greater involvement of the national case backlog committee. uMkhonto weSizwe party's Musawenkosi Gasa questioned the effectiveness and efficiencies of the listed, as well as that of the backlog committee. 'There is no evidence of [any] impact on reducing delays. So the lack of integration between JCPS cluster system further undermines accountability,' said Gasa. DCS Minister Pieter Groenewald acknowledged the delays in the courts system, but said incremental steps were being made. 'It remains a challenge but this is one of the ways to see how we can deal with our overcrowding. 'I always say when we talk about overcrowding that it is like a puzzle and there are small pieces that must complete the puzzle. So this is one of them,' said Groenewald. NOW READ: Cheap labour? Here's how much prisoners earn in Correctional Services' bakeries
The South African
10-07-2025
- The South African
Serial killers to flashy fraudsters: Kgosi Mampuru's infamous inmates
Kgosi Mampuru – the home of high-profile and dangerous inmates like Thabo Bester, Vusi Matlala, and Rosemary Ndlovu, among many others – is one of only two super-maximum security prisons in South Africa. With its 24-hour surveillance and solitary confinement, the correctional centre's C-Max division is cited as being 'impossible for a security breach'. Previously known as Pretoria Central Prison, it was renamed by former President Jacob Zuma in 2013. Housed in Kgosi Mampura is the C-Max division, a maximum security section of the correctional centre. Calling it home are several past and present high-profile inmates like… Apartheid-era assassin Eugene Terblanche Killer nurse Daisy de Melker Chris Hani killer Janusz Walus Serial rapist Ananias Mathe Serial murderer Rosemary Ndlovu 'Dros Rapist' Nicholas Ninow Reeva Steenkamp's murderer, Oscar Pistorius Murderer, rapist and fraudster Thabo Bester Also being held at Kgosi Mampuru is controversial tenderpreneur Vusi Matlala, accused of fraud, attempted murder, among many other charges. The hotshot businessman was recently moved to maximum security after he was found with a cellphone in his medium security prison cell over the weekend. In 2019, former Minister of Correctional Services Ronald Lamola reopened the doors to Kgosi Mampuru's C-Max division after a multi-million rand upgrade. The division can hold between 300 and 500 inmates. It is known for the following… 24-hour surveillance High-tech control both in and outside the prison. Round-the-clock contact with 'selected high trade correctional officers.' Inmates who spend 23 out of 24 hours inside their cells under solitary confinement and are shackled whenever they leave. Thabo Bester and Vusi Matlala are fellow inmates at Kgosi Mampuru's C-Max prison. Images via X Lamola said at the time: 'This place is a maximum facility where we house hardened criminals or inmates who are placed in the facility for behavioural modification, and to ensure that they conduct themselves in a disciplined manner in line with the Correctional Services Act'. Former Correctional Services National Commissioner, Arthur Fraser, added about Kgosi Mampuru's C-Max: 'This facility is designed in a way that makes it close to impossible for a security breach, especially with regard to escapes'. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
