More than 380 awaiting-trial detainees, who were in custody in correctional centres for more than two years, are no longer in remand detention.
As a result of the implementation of Section 49G of the Correctional Services Act (Act 111 of 1998) in July last year (2013), the number of remand detainees (RDs), who have been in detention for more than 24 months, was reduced from approximately 2 200 to 1 816. Section 49G of the Correctional Services Act, as amended, determines that a RD may not be detained for a period exceeding two years without such matter having been brought to the attention of the court concerned.
As at 8 April 2014, there were 157,394 inmates across South Africa of which 43,735 (27.79%) were RDs and 113,659 were sentenced offenders.
Correctional Services Minister Sibusiso Ndebele has cited the issue of RDs as a major concern. "In our continent, the number of remand detainees, or awaiting-trial detainees, is a major concern. In some instances, in the continent, remand detainees constitute up to 97% of people incarcerated for crimes committed against society. In South Africa that percentage is approximately 30%, and progress is being made to address this concern.
On 4 September 2013, Cabinet approved the White Paper on Remand Detention which was subsequently amended, consulted on and signed into policy in March 2014. The White Paper, in conjunction with the Correctional Matters Amendment Act, seeks to improve the management of remand detainees in Department of Correctional Services (DCS) facilities.
The constitutional right of ‘innocent until proven guilty’ underpins the White Paper. Remand Detention Facilities must, therefore, allow for the minimal limitation of an individual’s rights, while ensuring secure, and safe, custody. The White Paper is also a response to the challenges posed by a dramatic increase in remand detainees over the past years.
The White Paper recognises the challenges associated with persons in remand detention, although they have not been found guilty of any crime. DCS established a Remand Detention Branch, which became operational on 1st April 2012.
Together with the Criminal Justice Review Committee, DCS has embarked on a process of tracking those remand detainees who have been detained the longest in correctional facilities. This process has assisted in determining those factors which delay the finalisation of such cases, in order to ensure that these issues are addressed accordingly," Minister Ndebele said.
Enquiries:
Logan Maistry
Cell: 083 644 4050
