Management of Remand Detainees in South Africa - DCS-Home

CHAPTER 9: Summary and Policy Proposals
9.1. Introduction
This chapter provides a summary of the challenges faced by the JCPS with regard to the detention
management of RDs. It further includes recommendations and proposals which are based on
extensive engagements with several role players within the JCPS cluster from January 2008 to
March 2010. The stakeholders that participated in the development of the document including
drafts have been acknowledged at the beginning of the chapter; however it is worth mentioning that
there were formal consultations held through workshops with such groups as:
:
Regional Heads and Coordinators of Corrections (DCS);
Head of Remand Detention Facilities (DCS);
Regional Commissioner and their deputies (DCS)
JCPS MATD task team (DCS);
National Development Committee of the JCPS cluster (DCS); and
External stakeholders such as representatives from tertiary institutions, NGOs, prisoner
organizations and privately managed SCFs
9.2. Key Challenges
The broad challenges that are being faced with regard to the management of RDs are:
Overcrowding of Correctional Centres and insufficient residential facilities for
accommodating RDs in DCS;
Disjointed functioning of CJS departments leading fragmented planning and implementation
of programmes that are driven by the vision and missions of individual departments;
Lack of appreciation of the law applicable to management of RDs;
Inadequate policy provision for management of certain categories of RDs;
Lack of protocols for addressing cross cutting functions against CJS;
Lack of clarity on services to be provided to RDs by the detention institutions other than
those stipulated in the constitution as rights of accused and inadequate facilities for catering
for the rights of accused;
Inadequate automation of information, identification, verification and tracking facilities for
RDs
Lack of an integrated record keeping that contains accurate information on RDs;
Delay in institutionalization of video postponement as a mechanism for reducing wastage
associated with transportation and regular re-admissions of RDs from court;
Lack of an adequate system for identification and verification of identity of the RDs including
foreign nationals;
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