Management of Remand Detainees in South Africa - DCS-Home

5.1. Introduction
This chapter provides information on the current management of RDs, based on the situational
analysis report prepared in 2008 which reflects the situation in SAPS, DCS, DSD and other relevant
government departments as well as cluster strategies utilized to ensure down management of RDs.
The lack of clear guidelines for the management of RDs is highlighted as needing urgent attention.
The chapter concludes with a brief outline of the challenges and proposals emanating from the
issues discussed.
5.2. Current Situation: Management and Governance of RDs
The South African Constitution provides for a maximum period of detention of 48 hours by SAPS
beyond which any further detention should be granted by a court of law. Detention in custody while
awaiting trial is widely utilized in CJS to keep the accused until his or her trial for more serious
offences, or if the accused is believed to pose a high risk of absconding or harming the public or
where specifically required by law. Although the RDs have not been found guilty or sentenced, they
are held in custody because there is a risk that they will fail to appear for further court date, they
pose a danger to themselves and/or others or they present a risk to re-offend.
In these instances, the arresting authority is obliged to present the accused to the courts for trial.
Should there be any further need for investigation; a request can be submitted to the courts for
delay of trial, pending further investigations. In this case, the courts can extend such detention for a
further period of not more than seven (7) days in police custody or issue a warrant of detention (with
a notice for appearance in court on the date stated in the warrant of detention.) Failure to collect
any detainee for court appearance leads to unlawful detention as the detention period is valid until
the court date. In that case the courts must be informed as soon as possible and the accused be
presented in front of the magistrate.
5.3. Responsibilities of different Institutions
Various government institutions or departments have the responsibility to carry through the court
instructions by effecting the warrant of detention. The roles of different institutions in the
management of RDs are discussed in this section.
5.3.1. South African Police Services (SAPS)
The management of RDs by SAPS is limited to their functional need to continue investigations of
cases and their historical responsibility to transport accused persons including RDs detained in
DCS and SCFs, to courts and provide general security functions. The latter is implicitly drawn as a
mandate owing to SAPS’s responsibility to provide general public safety and hence it executes this
82