South Africa: Correctional Services Committee Expresses Concern Over Low Success Rate of Legislation to Address Overcrowding

Zawya

3 days ago

The Portfolio Committee on Correctional Services today expressed concern over the low success rate of the current legislation in reducing overcrowding in correctional facilities in the country.
The committee received a briefing from the Department of Correctional Services (DCS) on the use of Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedures Act (CPA) applications. Both sections are about strategies to reduce overcrowding in correctional facilities.
Committee Chairperson, Ms Kgomotso Anthea Ramolobeng, encouraged the executive of the DCS and the Department of Justice and Constitutional Development (DOJ&CD) to continue working together in order to strive for better ways to implement these pieces of legislation effectively to increase the success rate of matters referred.
Section 49G of the CSA refers to the maximum period of incarceration and provides that the period of incarceration of a Remand Detainee (RD) 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 concerned in the manner set out in this section: provided that no RD shall be brought before a court in terms of this section, if such RD appeared before a court three months immediately prior to the expiry of such two year period and the court during that appearance considered the continued detention of such detainee.
Whilst Section 62F of CPA provides that any court before a charge is pending in respect of which bail was granted, may at any stage, whether bail was granted by court or any other, on application by the Prosecutor, add any further condition of bail. The section further provides that the accused shall be placed under the supervision of a probation officer or Correctional Official. The committee heard that both strategies are driven by the DCS and may result in the reduction of the inmates.
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.
Ms Ramolobeng said the DCS needs 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.
'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 Ms Ramolobeng.
She said the committee will continue the implementation of both the sections that can address overcrowding in facilities if implemented efficiently and effectively.
Distributed by APO Group on behalf of Republic of South Africa: The Parliament.