Management of Remand Detainees in South Africa - DCS-Home

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The lack of comprehensive information and effective management systems in respect of children in conflict with the law; Inadequate systems for monitoring institutions that arrest, prosecute, adjudicate and detain Remand Detainees. The current judicial inspection only applies to DCS facilities and is not extended to SAPS, courts and DSD facilities. 1.4.7. Foreign Nationals Foreigners suspected of criminal offences are investigated, prosecuted and detained without investigating their residency or nationality status; Application for bail as prescribed in South African CPA (Act 51 of 1977) is done without regard to residence status of a foreigners; When illegal foreign nationals are convicted of less serious crimes, they are given suspended jail terms and released back into society without verifying the nationality status; Formal status verification of foreigners is not included in criminal investigations; Consular services are poorly managed during criminal investigations, prosecution and detention; Large numbers of convicted foreigners are never listed on the countries movement control system; Lack of key information for identification of persons arrested for alleged crimes and suspected of being non-national thus leading to detention of such persons for longer periods; Lack of differentiation between non-nationals arrested and detained for deportation in DCS facilities and those criminally charged and detained for further investigation and prosecution; Detention of illegal foreign nationals in DCS facilities while awaiting deportation especially in regions far from the Deportation Centre in Krugersdorp. Lack of established procedures for informing LASA about detained foreign nationals who want to apply for refugee status; and Exclusion of nationality status on the list RDs submitted to LASA seeking legal representation. 1.4.8. Oversight/Monitoring Inadequate systems of monitoring and evaluation of institutions that arrest, prosecute and detain RDs; The only legislation that has made provisions for oversight of detention institutions is Correctional Service Act though RDs are detained in other facilities such as SAPS cells and SCFs. DSD national office does not have oversight functions over the SCFs. 22
1.5. Cluster Approaches In order to deal with, among other things, the high levels of RDs within the CJS, the Criminal Justice Strategy and the National Crime Prevention Strategy (NCPS) of 1996 highlighted the need for an Integrated Justice System (IJS) based on improved interdepartmental co- ordination. However, more than a decade later, achieving an Integrated Justice System has remained elusive. The recently launched Criminal Justice Review once again highlighted the same problems with respect to the management of RDs as were highlighted in the NCPS. While acknowledging that there has been a lot of work done in order to improve the functioning of the CJS in general (e.g. legislative interventions, improving resource allocation, improvements in infrastructure, etc), the absence of a fully integrated justice system continues to hamper efforts aimed at dealing with the RD problem. In February 2008, the President’s State-of-the-Nation address incorporated the agreement made by the Cabinet on a set of changes required for the establishment of a new modernized, efficient and transformed CJS. This would entail among other things, setting up of a new coordinating and management structure for CJS at every level, bringing together all role players such as judiciary and magistracy, the police, prosecutors, correctional services and Legal Aid South Africa (LASA). The Cabinet further approved a seven-point plan which must be adopted and implemented in an integrated and holistic manner to achieve a new dynamic and coordinated CJS. The plan incorporates the following: Adoption of a single vision and mission leading to a single set of objectives, priorities and performance measurement targets for the CJS by the JCPS cluster; Establishment through legislation or by protocol a new and realigned single CJS coordinating and management structure; Making substantial changes to the present court processes in criminal matters through practical, short and medium term proposals to improve the performance of the courts, especially and initially the Regional Courts; Implementation of key priorities identified for the component parts of the CJS, which are part of or impact upon the new court process, especially as it pertains to improving capacity; Establishment of an integrated and seamless national CJS IT database/system containing all information relevant to the CJS and review and harmonise the template for gathering information relating to the CJS; Modernization of all aspects of the systems and equipment of the CJS, including the fast tracking of the implementation of the present projects; and Involvement of the population at large in the fight against crime by introducing changes to the CPF regime, including expanding the role to deal with all matters in the CJS for example policing and parole boards as well as provision of financial and administrative infrastructure to give it “teeth”. 23
Page 1 and 2: Discussion Document on Management o
Page 3 and 4: The National Development Committee
Page 5 and 6: Table of Contents Preamble 10 CHAPT
Page 7 and 8: 4.2.1 General inmate population 57
Page 9 and 10: 9.4.3 The safeguards for children i
Page 11 and 12: warrants, bail options, and so on.
Page 13 and 14: The White Paper further articulated
Page 15 and 16: A crime is committed Integration in
Page 17 and 18: Multiple number of co-accused in on
Page 19 and 20: 200000 180000 160000 140000 120000
Page 21: Limited access for legal consultati
Page 25 and 26: CHAPTER 2: International Trends 2.1
Page 27 and 28: 2.2.1. Guarantee of Personal Libert
Page 29 and 30: detention must be made by an author
Page 31 and 32: The human rights violations mention
Page 33 and 34: The above mentioned services will b
Page 35 and 36: Table 2.2 Current International Bes
Page 37 and 38: e prioritised and addressed. Partic
Page 39 and 40: made available for focus to be cast
Page 41 and 42: CHAPTER 3: Legal Framework 3.1. Int
Page 43 and 44: d. to have their trial begin and co
Page 45 and 46: In other words, there should be no
Page 47 and 48: CHAPTER V: UNSENTENCED PRISONERS (s
Page 49 and 50: 3.3.1. The Universal Declaration of
Page 51 and 52: 3.3.3. The African Charter on Human
Page 53 and 54: prisoners; the rights and obligatio
Page 55 and 56: Comments made by The Honourable Jud
Page 57 and 58: 4.2. Overview of RD Population in D
Page 59 and 60: 60000 50000 40000 30000 20000 10000
Page 61 and 62: of RDs. The figures on crimes that
Page 63 and 64: Less than 3 months >3 - 6 Months >6
Page 65 and 66: The figure below represents the ave
Page 67 and 68: 1200 1000 multiple crimes are not r
Page 69 and 70: 1200 1000 800 600 400 200 0 April 2
Page 71 and 72: Nationality April 2009 June 2009 Se
Page 73 and 74:
The number of Admissions and releas
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There are 11 privately managed SCFs
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SCFs in Eastern Cape and Northern P
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DCS admits approximately 20 and 26
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etween the Provinces including dire
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esponsibility for both RDs within i
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children RDs are detained without a
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include health care, education, art
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arrested, regardless of citizenship
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o The use of mainstream curriculum
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6.1. Introduction This chapter prov
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25000 20000 15000 10000 5000 0 6000
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The top ten facilities with the hig
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Umtata Med (580) Boksburg (2012) Mo
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There are 11 private secure facilit
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medical officer to ascertain age an
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The security responsibilities in DC
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information is not provided to the
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The current identification process
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unning in Gauteng when the situatio
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The facilities that fall under phas
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For the Department of Justice and C
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CHAPTER 8: Monitoring/Oversight 8.1
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The Commissioner must include in th
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longer justifiable for any person t
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Inadequate systems for monitoring i
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9.4 Challenges and Recommendations
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emand detainees who cease to be so
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Limited information obtained from D
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o Lack of guidance through policy w
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o Provisions for illiterate RDs who
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Children RDs should be detained in
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A strategy for determination of hig
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A system of providing feedback to t
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9.9 Issues and Recommendations on O
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CONTRABANDS CONFISCATED IN PRETORIA
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