Management of Remand Detainees in South Africa - DCS-Home

Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person.
2. (a) Accused persons shall, except in exceptional circumstances, be segregated
from convicted persons and shall be subject to separate treatment appropriate
to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of
which shall be their reformation and social rehabilitation. Juvenile offenders shall be
segregated from adults and be accorded treatment appropriate to their age and legal
status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
Finally, Article 14(c) of the ICCPR underscores the right of an accused person “to be tried
without undue delay”. The essence of this injunction was stated in Fillastre v. Bolivia,
Communication No. 336/1988 where the United Nations Human Rights Committee found that:
“What constitutes „reasonable time‟ is a matter of assessment for each particular
case. The lack of adequate budgetary appropriations for the administration of
criminal justice… does not justify unreasonable delays in the adjudication of
criminal cases. nor does the fact that investigations into a criminal case are in
their essence, carried out by way of written proceedings, justify such delays.”
The ICCPR is a treaty which South Africa acceded to on 3 October 1994. Apart from the fact
that South Africa has an obligation under the ICCPR as a State party to the treaty, there is a
constitutional acceptance of international law as a very valuable norm in the South African legal
system. Section 39(1) (b) of the Constitution of the Republic of South Africa provides that “when
interpreting the Bill of Rights, a court, tribunal, or forum must consider international law.” Also in
this regard, Section 232 of the constitution stipulates that “customary international law is law in
the Republic unless it is inconsistent with the Constitution or an Act of Parliament.” In the same
vein, Section 233 of the Constitution encourages the use of good interpretation of international
law in domestic adjudication. It states “when interpreting any legislation, every court must prefer
any reasonable interpretation of the legislation that is consistent with international law over any
alternative interpretation that is inconsistent with international law.”
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