Key Takeaways
- The Department of Correctional Services is working towards repatriating approximately 27,000 foreign nationals currently incarcerated in South African prisons.
- Overcrowding in remand detention facilities is a critical issue, with some prisons operating at over 200% capacity.
- The department is using Section 63A of the Criminal Procedure Act to release or amend bail conditions for certain accused persons as a relief mechanism.
- The repatriation of foreign nationals requires legislative amendments, which take time.
- The department is working closely with the Department of Justice, the National Prosecuting Authority, and the judiciary to explore ways to streamline the process.
Introduction to the Issue of Overcrowding
The issue of overcrowding in South African prisons has been a longstanding concern, with Correctional Services Minister Pieter Groenewald confirming that his department is working towards the repatriation of approximately 27,000 foreign nationals currently incarcerated in the country’s prisons. This move is aimed at alleviating the strain on the system, which is currently operating at over 200% capacity in some facilities. The Minister emphasized that foreign nationals contribute significantly to the overcrowding problem, and efforts are underway to repatriate them to their countries of origin. However, this process requires legislative amendments, which take time.
Efforts to Reduce Overcrowding
Minister Groenewald detailed efforts to reduce overcrowding, including the use of Section 63A of the Criminal Procedure Act, which allows the release or amendment of bail conditions for certain accused persons as a relief mechanism. The Minister explained that the criteria for applying Section 63A include accused persons who have been granted bail but are unable to pay the required amount and who are not detained for other offenses. The head of a correctional facility must also be satisfied that overcrowding poses a material and imminent threat to the human dignity, physical health, or safety of the detainees. In the first quarter of 2025, the department referred 2,533 cases for possible release under Section 63A, with only 409 applications, or 16.15%, being successful.
Challenges in Repatriating Foreign Nationals
Minister Groenewald noted that despite these efforts, the ultimate decision on whether to release a detainee lies with the courts, not with the Correctional Services Department. He reiterated that the department has been working closely with the Department of Justice, the National Prosecuting Authority (NPA), and the judiciary to explore ways to streamline the process. The Minister acknowledged the problem but clarified that repatriating foreign nationals is a complex matter that involves coordination with the Department of International Relations and Cooperation (DIRCO) and changes to legislation. He added that he is on record to say that the department is in the process of seeing what can be done to repatriate foreign nationals back to their countries of origin, but unfortunately, it is an amendment of legislation, and changing legislation is not a simple thing that can be done overnight.
The Cost of Overcrowding
Minister Groenewald highlighted the substantial cost to taxpayers, with each remand detainee costing the state over R463 per day. The Minister pointed out that the Department of Correctional Services is part of a special task team within the JCPS (Justice, Crime Prevention, and Security) cluster, which regularly meets to find ways to tackle overcrowding. He also emphasized that addressing overcrowding requires a comprehensive and coordinated approach, involving collaboration with the judiciary, other government departments, and international partners. The Minister noted that the number of remand detainees had increased to between 58,000 and 59,000, making overcrowding even more acute.
Conclusion and Future Plans
In conclusion, Minister Groenewald reiterated that while the cost of housing remand detainees is high, his department is doing everything it can to alleviate overcrowding, including exploring non-custodial options and working with other departments to increase capacity. The department remains committed to addressing overcrowding through a combination of legal tools, including Section 63A, and continued collaboration with the judiciary, DIRCO, and other stakeholders and international partners. The Minister’s efforts to address the issue of overcrowding in South African prisons are a step in the right direction, and it is hoped that the repatriation of foreign nationals will help to alleviate the strain on the system and improve conditions for detainees.
