Management of Remand Detainees in South Africa - DCS-Home

1.4.1 Overcrowding
Foreign Nationals and
Oversight/monitoring
Overcrowding is not a new phenomenon in South African Prisons and according to White
Paper on Corrections it can be traced back to early 1900’s when the prison system was
regulated mainly by various Provincial Ordinances. The inflated population was related to
transgression of the passed laws. In 1984, the driver of overcrowding, (according to the
Judicial Inquiry into the structure and functioning of the courts), was the incarceration of
prisoners as a result of influx control measures and in 1985 the key driver was the mass
detention of political prisoners as a result of State Emergency.
Though reforms in DCS did not focus on RDs, its population of inmates including RDs grew
from an annual average of 111,090 in 1995 to 163 892 in 2009 and this translates to an
increase in overcrowding from 16.9% to 42.5%. The annual average of RDs has more than
doubled over the same period from 23,783 in 1995 to 48,240 in 2009. A trend analysis from
April 2008 to March 2009 showed that out of the inmate population ranging between 157,
972 to 163, 973 detained in DCS, approximately, 30% (46 612 to 50 801) constituted RDs.
Children RDs (14 to 17 years) in DCS rose from 0.3% (80) in 1995 to 4.2% (1192) in 2007
and from April 2008 children gradually dropped to almost 1.6% of the RD population. The
highest number of children was observed in 2002 (2269). While DCS struggled with bed
space, the SCFs have never been occupied to 100%. For example, on 28 February 2008
and 10 February 2009 the SCFs had a bed capacity of 2112 and 2320 respectively and the
children RD population was 1560 and 1580 respectively. On 24 July 2008 the ratio of
children RDs in SCF to children in DCS was 2.5:1 (1635:653). The gradual reduction of
children in DCS facilities could be accounted for by the successful implementation of the
diversion programme and regular court appearances (every 14 days RD children have to
appear in court).
The increasing number of inmates has put a strain in DCS in terms of accommodation and
resource needs. At the end of June 2009, DCS facilities could only accommodate 114,782
inmates. However, these facilities had a population of 164,957 inmates. This translates to
43.7% of overcrowding.
According to international literature, the key drivers of overcrowding are the use of pre-trial
detention and the trend on serious crimes. The increase in serious crimes is closely related
to an increase in the use of pre-trail detention without an option of bail. Other drivers which
are beyond the control of institutions responsible for detention of RDs are the number of
admissions and the length of stay. In 2009 an analysis of RDs who have spent more than
seven (7) years in detention was done and factors found to be linked to their length of stay
are as follows:
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