Pretoria: The Portfolio Committee on Correctional Services has expressed concern over the low success rate of current legislation aimed at reducing overcrowding in the country’s correctional facilities. This follows a briefing received 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).
According to South African Government News Agency, both sections are designed to alleviate pressure on the country’s overburdened correctional facilities. Section 49G of the Act specifies that a remand detainee may not be detained for more than two years without the matter being brought to the court’s attention. The head of the remand detention centre must make this referral three months before the two-year mark to allow the courts sufficient time for consideration. If a detainee remains in detention after the initial review, further submissions are required annually.
Section 62F provides for the placement of awaiting trial detainees under the supervision of a correctional official as a condition of bail. However, the committee learned that the success rate under Section 49G of the CSA for the 2022/23 financial year was only 1.25% of 12,283 court referrals nationally, with the Eastern Cape and Western Cape reporting a 0% success rate. The trend continued in the 2023/24 financial year, with the Eastern Cape again showing a 0% success rate. The 2024/25 financial year saw the province making 142 court referrals, with only one being successful, and two successful court referrals in the current financial year.
Committee Chairperson Kgomotso Anthea Ramolobeng highlighted another challenge: approximately 40% of the total sentenced offender population are serving sentences exceeding 15 years, including life sentences. These offenders, typically convicted of serious crimes, remain incarcerated for extended periods, exacerbating the shortage of available bed spaces and further straining already overcrowded correctional facilities.