Management of Remand Detainees in South Africa - DCS-Home

2.4. National Legislation
The South African legal system is premised on the principle that accused individuals are
innocent until proven guilty. While the Constitution stipulates that periods of awaiting-trial
detention should be as short as possible, in practice many are incarcerated for extended
periods of time. At present there is a gap in existing legislation with regards to RDs and as
a result, the appropriate management of this group of persons has been largely neglected. In
order for a specific legislative system on RDs to be devised, all relevant government
departments and responsible bodies need to converge in discussion and collaboration.
2.5. Overcrowding
The excessive length and use of pre-trial detention is a major cause of overcrowding in
prisons. In some countries, the majority of the prison population comprises of detainees
awaiting trial. In Nigeria, for example, more than 25,000 prisoners are currently detained in
prisons without conviction due to delays in the justice system, missing files, absent witnesses
and prison mismanagement.
In India, as many as 7 out of 10 Indian prisoners are pre-trial detainees. The high number of
pre-trial detainees in India is attributed to delays encountered at various stages in the
criminal justice system, exacerbated further by an acute shortage of judges (10 judges per
one million people).
As of March 2007, South Africa’s Correctional Centre’s, which collectively have an
accommodation capacity of 115 327 inmates, housed 161 023 inmates. Overcrowding was
about 40% (45 696 people), meaning that the country’s correctional Centres were 140% full.
Of the total offender population, 48 228 inmates were awaiting trial. The problem of
overcrowding is particularly pertinent to the management of Remand Detainees since the
conditions in correctional facilities are often not conducive to upholding the rights of these
persons and considered to contribute towards an increase in “criminality”.
2.6. Services for RDs
According to international law, there are a range of services that must be provided to
awaiting-trial detainees, including:
continuity in education and training in line with Government policy;
safety of person;
access to social welfare services in line with Government policy;
accessibility to state-provided health care in line with Government policy;
accessibility to visits, communication and correspondence with family and friends;
accessibility to recreational and reading resources; and
accessibility to legal representation.
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