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.
May not be detained longer than two years
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.
0% success rate
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.
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