prison privatisation in south africa issues, challenges and ...

a lesser sentence when justified by "substantial and compelling circumstance."15
The effect of this minimum sentencing legislation has not necessarily resulted in more prison
sentences but rather has resulted in longer prison sentences. The critical mistake which
misleads the bulk of the US population seems to be reoccurring here in South Africa: the
misconception that increased incarceration alone can reduce crime. The primary challenges for
South African prisons are not unlike those overseas, and include issues of overcrowding,
awaiting trial prisoners, gang activity, recidivism, and public health. However, importing policies
which have failed in other countries is unlikely to be successful. Similarly, policies which have
succeeded elsewhere must be adapted for the South African aspects of any given problem or
situation.
Overcrowding
The majority of the prisons which exist in South Africa today were constructed during the
Apartheid era, and reflect the significant link between the treatment of prisoners and the labour
needs of the economy. The typical prison cell is almost indistinguishable from a typical mining
dormitory. Referred to as ‘communal cells’, each one is intended to house anywhere from 9 to
18 prisoners, containing only beds and a single toilet. The cells were designed with the idea that
prisoners would be out working during the day and would only be in them to sleep at night. For
this reason, the cells do not include desks, tables, chairs or even much room for simply moving
around. Due to overcrowding and staff shortages, prisoners are regularly locked up for the
greater portion of the day and in many instances are only afforded an hour outside to exercise.
Overcrowding exacerbates the intrinsic design problems of prison cells, with the number of
inmates in most prisons approaching, if not exceeding, double their intended capacity. The
South African prison system was designed to accommodate 100,668 and currently struggles to
accommodate an actual population of 172,271.16 The degree of overcrowding varies
considerably by prison and also by province. One of the worst prisons in terms of overcrowding
is Johannesburg Medium A, with 6,250 prisoners incarcerated in accommodation meant for
2,630.17
In most severely overcrowded prisons, as many as 60 prisoners are kept in cells intended for
18. Beds are triple bunked and placed directly next to each other, and sometimes there are
more prisoners in a cell than there are beds. The most overcrowded prison in South Africa is the
awaiting trial prison in Johannesburg which is at 393% occupancy, while the province with the
severest overcrowding is the Northern Cape, which is operating at an overall capacity of
231%.18
The overcrowding problem in South Africa is directly related to the increase in awaiting trial
prisoners. The sentenced prisoner population has increased 17% since 1995, while the number
of unsentenced prisoners has increased 164%.19 Approximately one third of South Africa’s
prison population are unsentenced prisoners awaiting trial.20 Two factors contribute most
significantly to the increase of awaiting trial prisoners: inappropriately designed and/or
implemented bail laws and inefficiencies in the processing of cases by the judicial system. The
Criminal Law Amendment Act of 1997 has made release on bail much more difficult and has
toughened sentencing laws. These measures are intended to reduce crime, but the more likely
result will be increased overcrowding of the prison system as the number of prisoners awaiting
trial increases and those who are eventually sentenced are incarcerated for longer periods of
time.21