South Africa’s prison overcrowding draws attention

The Portfolio Committee on Correctional Services raised concerns about the poor success rate of existing laws intended to ease overcrowding in South Africa’s prisons.

This followed a briefing from the Department of Correctional Services (DCS) on how it has implemented Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedures Act (CPA).

These legal provisions were designed to reduce pressure on the country’s strained correctional system.

May not be detained longer than two years

Section 49G of the Correctional Services Act states that remand detainees cannot be held for more than two years without the matter being brought before a court.

The head of the remand detention centre must refer the detainee’s case to the court three months before the two-year period ends, allowing enough time for judicial review.

If the detainee remains in custody after the court’s initial review, further submissions must be made every year.

Section 62(f) provides for the placement of awaiting-trial detainees under the supervision of a correctional official as a condition of bail.

0% success rate

During a briefing, the committee learned that courts approved only 1.25% of the 12,283 referrals made under Section 49G of the CSA in the 2022/23 financial year. The Eastern Cape and Western Cape recorded a 0% success rate that year.

In 2023/24, the Eastern Cape again failed to secure any successful court referrals. So far, in 2024/25, the province has made 142 referrals, with just one approved. In the current financial year, only two referrals have succeeded.

“The committee also heard that approximately 40% of the total sentenced offender population are serving sentences above 15 years, inclusive of those serving life sentences. Lifers will typically remain incarcerated for longer periods of time and are sentenced/convicted of serious crimes. This means that bed spaces will not become readily available, which places more pressure on already overcrowded correctional facilities,” Committee Chairperson, Kgomotso Anthea Ramolobeng said.