There are 60,000 people still awaiting trial in South African prisons, and some have been behind bars for more than 10 years without being sentenced.
About 26,000 of them have been in detention for less than three months, but about 5,000 have been awaiting trial for over two years.
This is what deputy director-general of court administration in the department of justice and constitutional development, Lucky Charles Mohalaba, revealed while briefing parliament’s portfolio committee for correctional services on Tuesday.
According to Mohalaba, a small number of those people have been in remand detention for a concerning number of years, some up to and even longer than 10 years.
“There are 430 remand detainees who have been in prison without being sentenced for five to seven years, 57 who have been in prison for seven to 10 years, and five people who have been in prison for 10 to 15 years,” he said.
There are 430 remand detainees who have been in prison without being sentenced for five to seven years, 57 who have been in prison for seven to 10 years, and five people who have been in prison for 10 to 15 years.
— Lucky Charles Mohalaba, DoJCD court administration deputy DG
Mohalaba acknowledged that the number of remand detainees is high, and it has increased over the past few years, from nearly 49,000 in 2021.
Mohalaba said the issue is discussed at provincial efficiency enhancement committees (PEEC), chaired by each province’s judge president. Each has a sub-committee set up to intervene and look at cases where bail is less than R1,000, he said.
“Factors contributing to the delays in finalising these cases include accused people changing legal representatives, requests for case-related documents, multiple co-accuseds, delays in securing court dates, loss of court records, and the failure of witnesses to appear in court,” said Mohalaba.
During the briefing, the South African Law Reform Commission (SALRC)’s Fanyana Mdumbe briefed parliament on recommended additions to the Criminal Procedure Act (CPA), which, once “promulgated as law by parliament, would add to options that are currently available to the courts”.
While the CPA does have provisions for bail, the SALRC believes that “there is room for improvement”, such as the release on bail on the basis of indigence.
Mdumbe said amendments would include the release of an accused person facing fine-only offences without having to pay money. It also included alternative security for bail for people who do not have residential addresses, such as people who live in informal settlements, whose bail applications are often denied due to this.
The amendments would also empower the courts to look into the circumstances of a remand detainee and to make a determination on whether their remand conditions are reasonable.
Some MPs were critical of the number of remand detainees, the conditions they were detained in, overcrowding, and the potential failure of the judiciary to address the increasing number of remand detainees.
DA MP Kabelo Kgobisa-Ngcaba questioned how many correctional facilities officials from the department had visited.
“I don’t think you have a full appreciation of the horror in our prisons. Is it justice for people to languish in those conditions when they are unsentenced?” she asked.
EFF MP Nontando Nolutshungu said the remand detainee population increase over the past five years “shows a deeper failure in the justice system”.
The DA’s Janho Engelbrecht was also critical of the judiciary, saying, “their independence is crucial to our democracy; however, the judiciary’s independence cannot be a shield against accountability. Their decisions on sentencing, bail and case backlogs directly cause prison overcrowding and undermine our rehabilitation mandate.”
In her response, minister of justice Mmamoloko Kubayi said the CPA does not give powers to the minister but to the courts.
“The judiciary is independent and does not account to the executive. We are responsible for the administration and financial support for the judiciary and the national prosecution authority. But I’m not accountable to nor are we allowed to get involved in court matters and in how a judicial decision is taken,” said Kubayi.
“Our only option is through policies, legislation and regulations,” she said.
Kubayi also said she has been prioritising infrastructure challenges in courts and therefore has not visited correctional facilities.
She said the CPA amendments would be completed before the end of the financial year in March 2026. – GroundUp
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