27 OCTOBER 2010

BRIEFING BY THE JUSTICE CRIME PREVENTION

AND SECURITY(JCPS) CLUSTER DEPARTMENTS TO THE PORTFOLIO COMMITTEE FOR CORRECTIONAL SERVICES

REGARDING CORRECTIONAL CENTRES’

OVERCROWDING

27 OCTOBER 2010

2

AGENDA

Introduction Capacity Inmate Population Remedial Actions Conclusion

INTRODUCTION

That South African prisons continue to experience an overcrowding problem is

well-known and acknowledged. Particularly since 2000 the gap between

available prison space and the total number of prisoners has been well

publicised, particularly by the Inspecting Judge of Prisons in his annual reports.

The Justice Crime Prevention and Security (JCPS) Cluster as a whole has been

grappling with this phenomenon as a specific focus area as it is acknowledged

that the challenges in this regard is not something the Department of

Correctional Services(DCS) can deal with on its own. It is therefore also contained

as a priority in the JCPS Delivery Agreement (Outcome 3 - “All People of South

Africa Are and Feel Safe”)in relation to various activities through which the

Cluster is seeking to ensure an effective, efficient and integrated Criminal Justice

System.

3

In strengthening the Criminal Justice System continuum, various activities are

prescribed which will assist as building blocks towards finding some relief

relating to the overcrowding challenges. Aspects in this regard that will be dealt

with later in the presentation relate amongst others to activities in the Delivery

Agreements (Output 1) such as strengthening the management of bail processes

and legislation.

Other activities (as contained in Output 2) that will impact positively in the future

on the overcrowding of Correctional Centres, are implementation of the 7-Point

Plan arising from the Criminal Justice System Review in relation to improving the

efficiency and effectiveness of the Criminal Justice System; reduction of case

backlogs; increase of cases finalized through diversion and Alternative Dispute

Resolution Mechanisms (ADRM); management of remand detainees; reduction of

the average length of time in remand detention; increased percentage of parolees;

and increased rehabilitation programmes.

It is clear that in SA, as elsewhere in the world, the overcrowding challenges

relate to the need to find an appropriate balance between incarceration to

keep the community safe and the capacity to do so from DCS side.4

INTRODUCTION (cont)

It should also be borne in mind that over the past few years government has continued to

strengthen the criminal justice system in preventing and combating crime, in particular in

relation to serious crime (such as rape, robberies, murders etc.), leading to increased remand

detention and sentenced incarceration.

In this regard capacity in the police (specifically visible policing and detectives) has grown

considerably as attested by the increased number of crimes that were detected by police

(10% year on year growth for each of the past 2 years.)

Impact of improved visible policing2006 –

20072007 –

20082008 –

2009

Crime identified through police action 157 304 171 015 187 382

INTRODUCTION (cont)

The front end of the Criminal Justice System has also been substantially improved with more

crime scene detectives, more forensic capacity as well as general detective capacity. In

addition more prosecutors and courts has led to an increase in cases finalised. This obviously

means that DCS would have to deal with more inmates.

The JCPS Delivery Agreement places further emphasis on addressing serious and violent

crime and it can be logically concluded that the pressure on accommodation in correctional

centres will increase. 5

SAPS records indicates approximately 2 million crime-related complaints per annum on average during the past few financial years according to their annual reports. Out of these complaints, only about 34% were referred to court and the correctional centres’ population constituted about 2.5% of the arrests made by SAPS at the time. If the success rate of crime detection, court prosecutions and convictions improve, the outflow towards correctional centres will also increase.

It thus remains necessary, in addition to accommodation provision, to focus on alternative ways to deal with crime and offenders.

We will thus approach our presentation from a cluster perspective and will focus in particular on aspects such as alternative sentencing and diversion, the bail protocol, minimum sentencing and the increased use of plea bargaining. Integral to this approach is the efforts of agencies such as the Inspecting Judge, Legal Aid South Africa, NICRO, KHULISA and other civil society organisations contributing to cohesive and integrated interventions.

INTRODUCTION (cont)

6

Overall Serious Crime 2006 - 2007 2007 – 2008 2008 – 2009

Contact Crimes (crime against persons) 730 346 692 550 685 185

Incidence @ 100 000 population 1 541,1 1 447,4 1 407, 3

Contact Related Crimes (crime against property) 151 194 144 364 141 107

Incidence @ 100 000 population 319,1 301,7 289,8

Property Related Crimes 547 258 521 513 532 184

Incidence @ 100 000 population 1 154,7 1 090 1 093

Other Serious Crimes 542 342 527 574 552 371

Incidence @ 100 000 population 1 144,4 1 102,5 1 134,8

TOTAL CRIME REPORTED BY THE COMMUNITY 1 971 140 1 886 001 1 910 847


CRIME IDENTIFIED THROUGH POLICE ACTION 157 304 171 015 187 382

Incidence @ 100 000 population 331,9 357,5 384,8

TOTAL SERIOUS CRIME 2 128 444 2 057 016 2 098 229


Midyear Population Estimate 47 391 000 47 849 800 48 687 300

Source: SAPS

INTRODUCTION (cont)

7

CAPACITY BY DCS TO DEAL WITH REMAND DETAINEES AND SENTENCED

INCARCERATION

20

15000

30000

45000

60000

75000

90000

105000

120000

135000

150000

165000

180000

Capacity Sentenced RemandDetainees

TotalOffenders

2006 / 2007

2007 / 2008

2008 / 2009

2009 / 2010

May-10

CAPACITY AND INMATE POPULATION(2006/7 TO 2010/11)

9

The inmate population in Correctional Service facilities has basically remained stable over the last 5 years (overcrowding remained stable (38% to 41%)) :

The daily average inmate population fluctuated between 158 000 and 162 000. In the same time capacity (bed space) increased by 3 357 (3%); Sentenced inmates (69.64% of population) fluctuated with a year on year averaged decrease of

890 (0.8%); Remand Detainees (RDs) increased by an average of 3 862 (9%) over the past financial year.

Region Capacity31 May 2009

Capacity31 May 2010

Bed-spaces Gained

Occupancy Level (31 May 2010)

Eastern Cape 12633 12713 80 144.31%

Gauteng 25379 25731 352 175.61%

KZN 21507 21507 0 128.56%

LMN 19024 19066 42 115.29%

NCFS 16927 19927 3021 107.13%

Western Cape 19352 19214 -138 140.44%

Total 114822 118154 3357 136.68%

INCREASED ACCOMMODATION (2009 THRU 31 MAY 2010)

10

For the past financial year capacity (bed space) increased by 3 357 (3%); Western Cape is currently busy upgrading certain facilities leading to a temporary decrease

in capacity but with the prospect that once upgraded there will be an additional capacity of 818.

Since March 2004 to March 2010 the capacity in correctional centres increased by 6 635 (±6%).

Further planned additional accommodation from 2010/11 – 2014/15 onwards will lead to an increase of a further 3745 beds, leading to a capacity increase to 121 905.

INMATE POPULATION INCORRECTIONAL CENTRES

12

SENTENCED INMATES

0 - <24 Months >2 - 5 years

>5 - 10 years

>10 - 20 years >20 years

Life Sentenced Others

Avg for 2006/2007 12897 22493 25328 35417 9631 7152 1118

Avg for 2007/2008 12773 24050 22834 34900 9803 7730 943

Avg for 2008/2009 12846 24757 22617 34909 10285 8565 786

Avg for 2009/2010 12766 24766 22951 34406 10638 9331 650

Avg for 2010/2011 15122 20615 22423 33313 10689 9729 571

05000

10000150002000025000300003500040000

Avg for 2006/2007 Avg for 2007/2008 Avg for 2008/2009 Avg for 2009/2010 Avg for 2010/2011

The majority of sentenced inmates are in the category of 10 years and less (58 160/113 012 (52%)).

There has been a slight and gradual increase in the category of sentenced offenders serving sentences > 20 years (20 418 – end May 2010).

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REMAND DETAINEES AS AT 31 MAY 2010

Females (including 8 children under 18 years old) 963

Males (including 416 children under 18 years old) 48 067

Total RDs 49 030

RD's represented 30.36% of the total inmate population as at 31 May 2010.

The RD population as at 31 May 2010 is less (1%) than the 31 March 2009 RD population (49 477).

Part of the 49 030 RDs is a number of persons accommodated on behalf of DHA pending deportation. (See next slide)

14

PERSONS ACCOMMODATED IN DCS PENDING DEPORTATION BY DEPARTMENT OF HOME AFFAIRS (DHA)

Period/Year Number of Warrants % Deportation group against all detainees in DCS

2004 1420 0.8%

2005 1693 1%

2006 1192 0.8%

2007 2279 1.4%

2008 2378 1.5%

2009 2972 1.8%

The persons accommodated in this regard fall outside the CJS and in fact should be accommodated by DHA and if removed would provide further accommodation possibilities to RDs.

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No Bail

R0 - R 999

R 1000 - R 2500

> R 2500

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

Average Active Bail Cases Per Bail Category

31-Mar-09 38201 4773 5006 1308

30-Jun-09 36654 4426 4346 1092

30-Sep-09 35374 3742 4006 3436

31-Dec-09 40130 4523 4676 1227

31-Mar-10 39285 4755 5027 1363

31-May-10 37865 4458 4601 1145

No Bail R0 - R 999 R 1000 - R 2500 > R 2500

RD DISTRIBUTION: BAIL / NO BAIL CATEGORIES

The ‘No Bail’ category may include cases where the court has not yet decided whether bail should be granted or not (the exact numbers is not readily available). This is significant as it will impact on the number of cases that can be dealt with in terms of Sections 62 and 63 of the Criminal Procedure Act, 1997 (CPA) that is aimed at alleviating overcrowding.

REMAND DETENTION FACTORSRD Population Drivers The increase in serious crimes brings with it an increase in the use of remand

detention without an option of bail. Use of detention by courts pending the finalisation of cases (in cases where there

is seemed to be a risk that accused will not appear in court, or pose a danger to themselves and others, including intimidation of witnesses or present a risk of re-offending).

Length of stay: Approximately 1 700 RDs (3 to 4%) spend more than 2 years in detention.

A 2009 analysis of RDs who spent more than 2 yrs in detention revealed several factors that may play a role: Multiple number of co-accused in one case or accused linked to other crimes that are

under investigation as well as requests for separation of trials Failure of witnesses to appear in court, leading to the case being remanded for several

times Requests for remand by defense lawyers and the state Failure of accused to appear in court Withdrawal or changing of legal representation Delay in securing a date at the high court Multiple witnesses in the case Loss of court records

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RD Population Drivers (cont)

Large number of RDs detained without an option of bail (approximately 78%). Failure / inability to pay bail by the relatively low number of RDs with bail. Disapproval of approx 30-35% of Sec 63 applications (bearing in mind that this is

a responsibility of the independent judiciary) due to amongst others: Nature of crimes committed (aggressive, sexual and multiple) Previous criminal record ito nature & interval between previous and current

crimes Involvement in gang-related crimes or crime syndicates Lack of monitorable addresses.

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REMAND DETENTION FACTORS

Sentenced Offenders

Mandatory minimum sentences since 1997, may result over time in an increase in

the number of offenders sentenced to very long periods of imprisonment,

implying a slower turn over rate.

The change in legislation resulting in that Regional Courts can now deal with

minimum sentences without referring to the High Courts has had a positive

impact in that persons could be sentenced directly without having to first wait for

a hearing in the High Court.

Continuous incarceration of offenders serving very short sentences, e.g. less than

6 months imprisonment (±4% of the sentenced population), impacting negatively

on time available to present rehabilitation programmes.

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SENTENCED INMATES

Sentenced Offenders (cont)

Limited diversion options such as correctional supervision as a sentence option.

Changing profile of sentenced offenders (more aggressive, multiple crimes and

longer sentences).

Lack of support systems makes it difficult to place some offenders on parole (106

offenders exceeded their approved parole dates as on 30 June 2010).

Inability by offenders to pay fines (865 offenders with fines as alternative to

imprisonment still in custody on 30 June 2010).

Case backlogs from CMC (more than 4000 offenders exceeded their consideration

dates).

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SENTENCED INMATES

REMEDIAL ACTIONS

SAPS committed to increase the number of detectives by 19.6 percent and grew

by more than 22 percent. In addition, 2 153 new recruits that will bolster

detective capacity are currently undergoing basic training.

The NPA increased the number of prosecutors by 83.

Legal Aid South Africa increased their posts by 93.

More Judges and Magistrates were appointed to bring relief to pressure points.

Forensic Services, where significant exposures were identified, received specific

focus

There has been improved coordination of CJS activities as a result of the implementation by the JCSP Cluster of the 7 Point Plan following the CJS Review and the Delivery Agreement

ACHIEVEMENTS AS A RESULT OF THE IMPLEMENTATION OF THE 7 POINT PLAN FOLLOWING THE CJS REVIEW

The Forensic Science Laboratory (FSL) has decreased their backlog from 2008/09 to 2009/10 financial year by 14 percent and plans indicate further improvement.

Crime scenes visited increased from 60% in 2008 to 71.48% in quarter four of 2009, leading to an increase of 50 000 additional crime scenes visited last year. Consequently we are focusing on improving the forensic capacities including supporting ICT systems, to ameliorate the impact.

The Crime Scene Management Manual has been finalised and the Investigation Manual is in the process of being drafted in conjunction with the Detective Services of SAPS.

The Case Backlog Reduction intervention is continuing with 55 additional Regional Backlog Courts and 13 District Backlog Courts country-wide.

IMPLEMENTATION OF THE 7 POINT PLAN (cont)

There has been a steady improvement in the number of cases finalised. 434 000

Criminal cases were finalised in all courts in 2009, against the 391 000 in 2008.

During the 1st Quarter of 2010/11 the courts finalised a total of 117 771 cases which

constitutes 50% of the 236 310 new cases received.

In addition better screening processes have been implemented leading to less cases

been placed unnecessarily (e.g. not enough evidence) on the court rolls and more

cases finalised through diversion processes before enrolment.

Legal Aid SA is continuing in ensuring the availability of adequate legal

representation to deal with the case load.


A Court Screening Protocol that deals with trial readiness of cases is being tested in the Western Cape Regional Courts as a precursor to national implementation.

A Court Protocol that specifically deals with efficiencies in the trial phase, such as limiting disputes and improved case scheduling has been finalised by the Regional Court Presidents Forum and has been submitted to the Minister of Justice.

A Court Protocol for Legal Aid Cases to improve co-ordination between the NPA and Legal Aid South Africa (LASA) has been approved, signed and circulated for implementation.

A Protocol dealing with forensic services between the SAPS, the Department of Health, the NPA and the courts to improve the quality of criminal investigations and trials is being finalised.


The Criminal Procedure Amendment Bill (Forensics) dealing with fingerprint

aspects have been finalised by Parliament. The second part of the bill dealing with

DNA aspects will shortly be receiving attention.

Case Flow Management Guidelines have been put in place to improve co-

ordination between JCPS role-players at courts.

Technology and modernisation programmes are continuing within the Cluster,

including a focus on the alignment and integration of SAPS, DOJ&CD, NPA, Legal

Aid SA and DCS Systems where appropriate.

An integrated business information system (CJS BIS) that will provide the JCPS

cluster with current and accurate data at all levels is in development. The first

deliverables are imminent.

The Chief Justice has established a coordinating committee dealing with case flow

management and in particular backlogs and delays of cases. This will in future

assist in ensuring greater interaction between the CJS role players and the

judiciary.


CASES FINALISED THROUGH ALTERNATIVE DISPUTE RESOLUTION METHODS (ADRM )

During the current financial year, a total of 63 182 cases were finalised by means

of alternative dispute resolution methods of which a total of 1 072 (1.7% of

national total) were finalised by the Regional courts and 62 110 cases (98.3% of

national total) in the District courts. During quarter 2 of 2010/11, a total of 30

941 cases were finalised by the Lower courts which is 4% less than the total of 32

241 finalised during quarter 1 of 2010/11.

Alternative dispute resolution encompasses

Diversion and informal mediation as methods of resolution of disputes

between the parties.

During the current financial year, a total of 22 192 cases were diverted after

enrolment

40 990 cases were successfully mediated on an informal basis.

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27

CASES FINALISED THROUGH ALTERNATIVE DISPUTE RESOLUTION METHODS (ADRM )

MEDIATION

Informal mediation is a confidential and informal process to resolve a dispute with the assistance of a neutral third person (mediator), which is mainly a prosecutor duly authorised in writing thereto by the relevant Director of Public Prosecutions. A significant increase of 42.5% is noted in the number of informal mediations compared to the total of 28 770 informal mediations recorded during the previous year. The majority of cases (97.8% of national total) were finalised by the District courts and the Regional courts have finalised 906 cases which is 2.2% of national total of 40 990 cases finalised during the current financial year.

Informal mediation in the Lower courts

INFORMAL MEDIATION: LOWER COURTS: 2009/10 – 2010/11

2009/10 2010/11 PROGRESS Q1 Q2 PROGRESS

DISTRICT COURT 27913 40084 43.6% 19842 20242 2.0%

REGIONAL COURT 857 906 5.7% 447 459 2.7%

28770 40990 42.5% 20289 20701 2.0%

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During the current financial year 7 736 children were dealt with of which 408 children (5.3%) were between the ages of 10 – 13 years and 7 328 children (94.7%) were between the ages 14 – 17 years old. Noteworthy is the increase of 70.2% of children diverted between the age group 10 – 13 years during Q2 compared to Q1 of 2010/11, and 31.2% increase of children diverted between the ages 14 – 17 years old.

FORUM QUARTER TOTAL

ACCUSED PROGRESS

AGES 10y - 13y

PROGRESS AGES 14y -

17y PROGRESS

DC Q1 3122 151 2971

Q2 4341 39.0% 244 61.6% 4097 37.9%

DC Total 7463 395 7068

RC Q1 199 0 199

Q2 74 -62.8% 13 0.0% 61 -69.3%

RC Total 273 13 260

DC Total Q1 3321 151 3170

RC Total Q2 4415 32.9% 257 70.2% 4158 31.2%

National Total 7736 408 7328

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CHILDREN DIVERTED IN TERMS OF THE CHILD JUSTICE ACT

DIVERSION

Offences of matters diverted in terms of the Child Justice Act

FORUM QUARTER

TOTAL SCHEDULE

1 OFFENCES

PROGRESS

TOTAL SCHEDULE

2 OFFENCES

PROGRESS

TOTAL SCHEDULE

3 OFFENCES

PROGRESS

DC Q1 1499 876 318

Q2 2010 34.1% 1316 50.2% 549 72.6%

DC Total 3509 2192 867

RC Q1 19 39 68

Q2 8 -57.9% 25 -35.9% 19 -72.1%

RC Total 27 64 87

Q1 Total 1518 915 386

Q2 Total 2018 32.9% 1341 46.6% 568 47.2%


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DIVERSION

Offences of matters diverted in terms of the Child Justice Act

FORUM QUARTER NO OF SEC.9 REFERRALS

PROGRESS NO OF SEC

41 DIVERSION

PROGRESS PRELIMINARY

INQUIRY DIVERSION

PROGRESS

DC Q1 194 644 956

Q2 168 -13.4% 756 17.4% 1222 27.8%

DC Total 362 1400 2178

RC Q1 2 6 39

Q2 0 -100.0% 2 -66.7% 6 -84.6%

RC Total 2 8 45

Q1 Total 196 650 995

Q2 Total 168 -14.3% 758 16.6% 1228 23.4%


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Outcome of diversion programme - Child Justice Act

REFER TO TRIAL OUTCOME OF DIVERSION

FORUM QUARTER Convicted Acquitted Diverted Other Complied

Not Complied

More onerous diversion

Trial Convicted

Trial Acquitted

DC Q1 70 16 243 483 269 18 31 2

Q2 61 18 331 793 383 73 12 7

DC Total 131 34 574 1276 652 91 43 9

RC Q1 5 1 1 33 5 0 5 0

Q2 4 0 7 2 0 1 0 0

RC Total 9 1 8 35 5 1 5 0

Q1 Total 75 17 244 516 274 18 36 2

Q2 Total 65 18 338 795 383 74 12 7

National Total 140 35 582 1311 657 92 48 9

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DIVERSION

Formal plea and sentence agreements are being used for more serious offences and the percentage of direct imprisonment in these matters are very high – Murder (94%), Robbery with aggravating circumstances (96%).

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FORMAL PLEA AND SENTENCE AGREEMENTS

When the sentences imposed during plea and sentence agreements are compared to the sentence imposed by the courts, it is clear that direct imprisonment and correctional supervision are more frequently imposed during section 105A applications than in normal court proceedings. A factor to keep in mind though is that most of the plea and sentence agreements are being dealt with by the Regional Courts whereas the data from the ICMS includes more District Court information than Regional Court information.

SENTENCE OPTIONSJULY-SEP 2010

ICMSJULY-SEP 2010

%'SPLEA AND SENTENCE

AGREEMENTS

Correctional 1195 2% 10%

Fine 23136 47% 13%

Imprisonment 7917 16% 33%

Suspended 16592 34% 44%

Grand Total 48840 100% 100%

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FORMAL PLEA AND SENTENCE AGREEMENTS

Count of Division

DC/RC Total DC 172 RC 304 HC 5 Grand Total 481

This table illustrates the number of plea and sentence agreements finalised by the various Courts.

The following Table illustrates the time frames involved with the cases referred in terms of the previous Minimum Sentence legislation to the High Court for passing of sentence.

The number of matters finalised by the High Courts has decreased since the increase in penal jurisdiction of the Regional Courts on 31 December 2007.

The impact would be that accused are no longer detained as waiting trial detainees but sentenced sooner than the time frames indicated in the Table above.

It has to be stressed that the passing of sentence is in the discretion of the independent judiciary based on the legislative framework and precedent.

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SENTENCING

ACTIONS IN RESPECT OF SENTENCED INMATES

Decisions: Placement approved

Number of cases considered

Sentenced Offenders (Parole)

36

The % of placements against the number of considerations has continued to increase since

2003 from approximately 30% to a current +50%.

2007-08: Considered vs Approved conditional placements 45.45%

2008-09: Considered vs Approved conditional placements 46.98%

2009/10: Considered vs Approved conditional placements 43.57%

2010/11 1st Quarter: Considered vs Approved conditional placements 51.56%

The number of placements is largely affected by the quality of submissions from Case

Management Committees (CMCs) at correctional centre level, as parole cannot be approved

if sufficient information is not provided – e.g. sentence plans, progress reports, evidence of

rehabilitation (interventions and programmes, sentence remarks, crime description).

Budgetary constraints at this point limits the capacity of the current CMCs but this aspect is

being addressed in the current structural review of DCS.

ACTIONS IN RESPECT OF SENTENCED INMATES Parole of Sentenced Offenders

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Alternative sentencing (Sentenced Offenders)

Persons placed under Community Corrections in terms of Section 276 and 287of the CPA indicates stable situation in that 25 574 was dealt with in 2008/09 against 25 513 in 2009/10.

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ACTIONS IN RESPECT OF REMAND DETAINEES

Release on Bail

Section 63(1) of the CPA (Act 51 of 1977) (Application by the RD or Prosecutor for review

of bail condition).

Section 63(A) of the CPA (Act 51 of 1977) (Application by Head of CC for review of bail

condition when the offender population reaches critical proportions).

Release through finalisation of cases as a result of plea bargaining

Promotion 105A of the CPA (Act 51 of 1977) (Plea bargain)

RDs willing to enter into plea bargain are referred to Legal AID South Africa or are

advised to discuss the issue with their own legal representatives.

(See the details below)

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RDs released on Bail

Year

Applications submitted to courts for consideration:

Successes

Total 63 Application (63A & 63(1)

Approval ito CPA sections Number of approvals

2009/10 23 534 62 3 040

62(f) 7 287

71 227

72 5 058

Total approvals 15 612(66%)

April to Sept 2010

11 197 62 1 622

62(f) 2 093

71 127

72 3 750

Total approvals 7 592 (67.8%)

As a result of increased coordination and integration of activities within the CJS through the implementation of measures such the “bail protocol” more cases are submitted to the court for consideration and more approvals are obtained leading to an improved situation within DCS facilities.


“Bail Protocol” (in conjunction with the CJS Review)

The “Bail Protocol” was adopted by Cabinet and is one of the mitigation strategies implemented to reduce the number of Remand Detainees at Correctional Centre level.

The protocol unpacks the JCPS cluster processes for the implementation of section 63A of the Criminal Procedure Act (Act 51 of 1977)

Section 63A makes provision that the Head of a CC may approach the relevant court to release an accused on warning in lieu of bail or to amend the bail conditions imposed by that court when the offender population of a particular CC is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of an accused.

DCS monitors on a monthly basis the statistics pertaining to the applications and approvals in terms of the bail protocol processes.

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41


Reduction in RD Children

The number of children below 18 years in RD significantly decreased over the past 4 years.

Specific focus area of Minister of DCS: Children: 14 – 16 years in RD

Nov-09 Dec-09 Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10

200 195 231 177 151 151 136 89 107 107

This can be attributed to the concerted effort made by the Regions to remove children to

secure care facilities or refer them to Legal Aid South Africa to ensure that they have legal

representation and to courts every 14 days. The latter is in line with the provisions of the

Child Justice Act of 2008)

A total of 43, 9% of children’s cases are handled within the first 30 days of incarceration in

DCS.

Children (below 18 years) in RD

2006 2007 2008 2009 Aug 2010

1100 1159 915 678 275

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Children in RD

There is insufficient secure care facilities for placement of children

especially in Eastern Cape.

The seriousness of the crimes committed by children (14 to 16 yrs) is of a

concern. Violent crimes (14, 9 %) and 18, 4 % of the crimes were of a

sexual nature.

As was pointed out, the coming into operation of the Child Justice Act and

the diversion processes has assisted in limiting the numbers of children

kept in detention.


CONCLUSION

Overcrowding in DCS is a cluster problem as DCS is at the receiving end of the CJS value chain.

It is clear that increased cooperation and interaction between the various JCPS role players is

starting to pay dividends. An example is to be seen in the positive change in the situation at

one of the previous worst overcrowded correctional facilities in South Africa, nicknamed the

‘prison of hell’, Mthatha. A year ago the prison was 252% overcrowded but through

dedicated attention from the cluster departments including positive responses from the

judiciary, the situation at September 2010 has dramatically changed to a 52% overcrowding

in terms of the capacity at that correctional facility. The intention is to look at all the

correctional centres with extra ordinary high populations and implement the best practices

learned from the Mthatha experience.

Legislative amendments to the DCS legislation regarding remand detainees and parole

aspects will also lead to improvement in the situation for the future.

DCS is gradually increasing its bed-space in order to cater for the growing population of

inmates. In line with recommendation by the Inspecting Judge, planning should be based on

actual capacity requirements that are informed by robust prediction models.

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CONCLUSION (cont)

Interventions aimed at reducing the number of RDs and the length of RD detention will continue to be aggressively pursued, such as: Release by SAPS in terms of relevant sections of the Criminal Procedure Act (Act

51 of 1977 - sections 56, 59, 59A, 71, 72, etc) before the first court appearance. Expediting police investigations, improving CJS processes. Measures such as warnings, diversion, restorative justice, alternative sentencing

etc. Fast tracking RD cases through the use of plea-bargaining and guilty pleas. Securing criminal records within a more acceptable timeframe.

It is the considered view that a combination of CJS interventions as well as increased accommodation will assist with the reduction of the overcrowding of correctional facilities.

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27 OCTOBER 2010

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