Management of Remand Detainees in South Africa - DCS-Home

detention management of RDs such as CPA, Mental Health Act and Correctional
Services Act and its amendment.
Anomalies between the legislation of DCS (Correctional Services Act 111 of 1998)
and the White Paper on Corrections as well as between DCS legislation and
regulations. Though the legislation has assigned the provisions for the rights of RDs
to DCS, the bulk of its operational policies i.e., from regulations to policy procedures
focus more on provisions for sentenced offenders and less on RDs. The White Paper
on Corrections as a Policy framework clearly articulated the programmes and
services that must be provided to RDs; however the very same White Paper has
acknowledged that the purpose of correctional services and the principles on which
the South African legal system is based are compromised by the accommodation of
Remand Detainees in correctional centres. There is no commitment made for
provisions in terms of remand detention.
Inadequate training of officials in DCS who work in facilities that detain RDs as most
training provided in DCS training colleges focus on corrections and rehabilitation of
sentenced offenders.
Situational analysis conducted in 2007 revealed a lack of policy framework for
development of operational policies in SCFs as such there was lack of uniformity in
policies developed by Heads of SCFs. Since then, a Blue print document was
developed in 2009 to address a wide range of issues such as lack of uniformity in
management of SCFs; disparities in provision of services by the provinces and lack of
a Service Delivery Model for the Child and Youth Care Centres.
SAPS from time to time keeps a small number of RDs longer than seven days,
however there are no provisions through policy or legislative framework that
mandates SAPS to keep RDs.
Lack of protocols to address cross-cutting functions among the institutions detaining
RDs.
Inadequate provisions for RDs placed in DCS facilities for observations.
Lack of provisions in DCS for RDs managed under the Extradition Act.
1.4.4. Services and Programmes
Lack of clarity on services to be provided by the detention institutions for RDs other
than those stipulated in the constitutions as rights of accused;
Lack of differentiation in responsibilities of personnel that render services to remand
detainees and sentenced offenders in DCS;
Lack of specialized training for personnel working with RDs in DCS.
Lack of role clarification with regard to transportation of RDs for forensic assessment
and provision of emergency health services to RDs in court cells;
Lack of uniformity in the provision of guarding services for hospitalized RDs across
provinces and DCS regions.
Inadequate provision for management of RDs who are mentally ill and those RDs
who are on chronic medication from arrest to detention in SCFs and DCS.
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