Pretoria - More than 380 awaiting-trial detainees, who were in custody in correctional centres for more than two years, are no longer in remand detention, the Department of Correctional Services (DSC) said on Thursday.
This, the department said, is a result of implementing Section 49G of the Correctional Services Act (Act 111 of 1998), which states that a remand detainee (RD) may not be kept for a period exceeding two years, without the matter being brought to the attention of the court concerned.
Section 49G came into effect in July last year.
The number of RDs, who have been in detention for more than 24 months, was reduced from approximately 2 200 to 1 816.
According to the department, as at Tuesday, there were 157 394 inmates across South Africa, of which 43 735 (27.79%) were RDs and 113 659 were sentenced offenders.
Correctional Services Minister Sibusiso Ndebele says the issue of RDs is a major concern.
“In our continent, the number of remand detainees, or awaiting-trial detainees, is a major concern. In some instances, remand detainees constitute up to 97% of people incarcerated for crimes committed against society.
“In South Africa, that percentage is approximately 30%, and progress is being made to address this concern.”
Last September, Cabinet approved the White Paper on Remand Detention, which was subsequently amended, consulted on and signed into policy in March 2014.
The White Paper, in conjunction with the Correctional Matters Amendment Act, seeks to improve the management of remand detainees in DCS facilities.
The White Paper is also a response to the challenges posed by a dramatic increase in RDs over the past years, and recognises the challenges associated with RDs, although they have not been found guilty of any crime.
Minister Ndebele said there must be minimal limitation of an individual’s rights in RD facilities, while officials must ensure secure and safe custody.
The minister said the constitutional right of ‘innocent until proven guilty’ underpins the White Paper.
“Together with the Criminal Justice Review Committee, DCS has embarked on a process of tracking those remand detainees, who have been detained the longest in correctional facilities. This process has assisted in determining those factors which delay the finalisation of such cases, in order to ensure that these issues are addressed accordingly,” he said. – SAnews.gov.za
