Management of Remand Detainees in South Africa - DCS-Home

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Establish a position on rights of RDs including how they will be promoted and met. The rights should include the general population of RDs and such special categories as RDs in detention for more than a year, women RDs, women RDs with children, foreign nationals and mentally ill RDs. The right and needs of women RDs and women with children should be respected at all levels i.e. from arrest and detention in police cells to conviction and incarceration in DCS. As one of the best practice interventions, develop appropriate training for staff working with RDs in detention facilities. Training should include rights of RDs. Contact with outside world should be treated as a right and not a privilege by the detention institution. Establish systems for prevention, identification and management of ill treatment in detention facilities. An integrated collaborative approach by all relevant government departments and bodies is required in order to provide a comprehensive approach to the management of RDs in South Africa. 40
CHAPTER 3: Legal Framework 3.1. Introduction The legal framework governing the management of Remand Detainees (RDs) in South Africa is a very important aspect of RDs’ management and the issues that affect them. Thus, the importance of ensuring a proper articulation of all legal regimes that are implicated in dealing with RDs in this discussion paper cannot be overemphasized. These legal regimes are both domestic and international in terms of the norms that they articulate. They cross-cut and are found in various branches of the law, ranging from criminal law and criminal procedure, constitutional law, immigration law, international law and the constitutive legal instruments of law enforcement agencies such as the police, the prosecuting authority, correctional officers, immigration and boarder control. They also include guidelines or standards that are not necessarily promulgated into law but have normative significance in providing direction to actors and stakeholders on how to deal with RDs. Thus, the legal framework within the domain of RD management can be summarized as follows. 3.2. Domestic Legal Framework 3.2.1. Constitution of the Republic of South Africa, 1996 It is appropriate that the first point of reference in determining the legal norms that apply to the management of RDs should be the constitution. This is important for two main reasons: firstly, in a democratic state, the constitution is the supreme law and all other laws derive their validity from the constitution. Thus, any law that is inconsistent with the constitution is void either wholly, or to the extent of that particular law’s inconsistency. Secondly, any practice or procedure that is based on a constitutionally invalid or inconsistent law, will suffer the same fate as the law in question as would be determined by the appropriate courts or tribunal. In this regard, the management of RDs must comply and be consistent with the provisions of the constitution on the issue. In this regard, the Bill of Rights (chapter 2 of the constitution) becomes the general point of reference for the rights of citizens and this includes RDs. Section 12(1) of the Constitution, which deals with the right to “freedom and security of the person”, has implications for RDs. The section provides that: “Everyone has the right to freedom and security of the person, which includes the right: a not to be deprived of freedom arbitrarily or without just cause; b not to be detained without trial; c to be free from all forms of violence from either public or private sources; d not to be tortured in any way; and e not to be treated or punished in a cruel, inhuman or degrading way”. 41
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 and 22: Limited access for legal consultati
Page 23 and 24: 1.5. Cluster Approaches In order to
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: made available for focus to be cast
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
Page 75 and 76: There are 11 privately managed SCFs
Page 77 and 78: SCFs in Eastern Cape and Northern P
Page 79 and 80: DCS admits approximately 20 and 26
Page 81 and 82: etween the Provinces including dire
Page 83 and 84: esponsibility for both RDs within i
Page 85 and 86: children RDs are detained without a
Page 87 and 88: include health care, education, art
Page 89 and 90: arrested, regardless of citizenship
Page 91 and 92:
o The use of mainstream curriculum
Page 93 and 94:
6.1. Introduction This chapter prov
Page 95 and 96:
25000 20000 15000 10000 5000 0 6000
Page 97 and 98:
The top ten facilities with the hig
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Umtata Med (580) Boksburg (2012) Mo
Page 101 and 102:
There are 11 private secure facilit
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medical officer to ascertain age an
Page 105 and 106:
The security responsibilities in DC
Page 107 and 108:
information is not provided to the
Page 109 and 110:
The current identification process
Page 111 and 112:
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
Page 121 and 122:
longer justifiable for any person t
Page 123 and 124:
Inadequate systems for monitoring i
Page 125 and 126:
9.4 Challenges and Recommendations
Page 127 and 128:
emand detainees who cease to be so
Page 129 and 130:
Limited information obtained from D
Page 131 and 132:
o Lack of guidance through policy w
Page 133 and 134:
o Provisions for illiterate RDs who
Page 135 and 136:
Children RDs should be detained in
Page 137 and 138:
A strategy for determination of hig
Page 139 and 140:
A system of providing feedback to t
Page 141 and 142:
9.9 Issues and Recommendations on O
Page 143 and 144:
CONTRABANDS CONFISCATED IN PRETORIA
Page 145 and 146:
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