Management of Remand Detainees in South Africa - DCS-Home

Table of Contents
Preamble 10
CHAPTER 1: Introduction and Historical Background 12
1.1 Introduction 12
1.2 Categories of RDs 12
1.3 Role players in the Management of RDs 13
1.4 Challenges faced in South Africa 14
1.4.1 Overcrowding 15
1.4.2 Criminal Justice Systems (CJS) Matters 16
1.4.3 Policy Matters and Legislative Frameworks 19
1.4.4 Services and Programmes 19
1.4.5 Facilities and Security 21
1.4.6 Systems and Tools 21
1.4.7 Foreign Nationals 22
1.4.8 Oversight/Monitoring 22
1.5 Cluster approaches 23
Chapter 2: International Trends 25
2.1 Introduction 25
2.2 International standards: Key principles and rights relating to RDs 25
2.2.1 Guarantee of Personal Liberty 27
2.2.2 Adherence to requirements of International Standards 27
2.2.3 Politically Binding Commitments 28
2.2.4 International Instruments 28
2.2.5 Judicial Supervision 29
2.2.6 Reasonable Suspicion 29
2.2.7 Periodic Judicial Confirmation of the Detention 29
2.2.8 The Right to Legal Counsel 29
2.2.9 The Right to Notify Others 30
2.2.10 The Right to not be tortured 30
2.3 Governance models in the Management of RDs 31
2.3.1 Management by the Ministry or Department of Correctional Services 31
2.3.2 RDs jointly managed by the Investigating Authority and Correctional
Department 31
2.3.3 RDs managed by other Departments 31
2.3.4 RDs managed by Local Government 31
2.3.5 Participation at various levels of the Criminal Justice System 31
2.4 National Legislation 32
2.5 Overcrowding 32
2.6 Services to RDs 32
2.7 Alternatives to Remand Detention 33
2.8 Oversight / monitoring and evaluation 33
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