Jails could turn away inmates

2005-04-13 15:32

Cape Town - Correctional centres where overcrowding levels have become unmanageable might be allowed to refuse further admissions, Correctional Services Minister Ngconde Balfour said on Wednesday.

Speaking in the national assembly during debate on his budget vote, Balfour said he would soon be discussing the issue with Justice and Constitutional Minister Brigitte Mabandla.

Many prisons could not handle any more overcrowding, he said.

As at January 31 this year, the accommodation capacity of correctional centres stood at 113 825, but the total inmate population was 187 446.

Of these, 52 326 were awaiting trial detainees (ATD) and 135 120 sentenced offenders.

"This amounts to roughly four out of every 1 000 South Africans being in prison while the international average of incarceration rates is 1.5 per 1 000.

"Of course, we have to manage this situation in co-operation with our colleagues in the integrated justice system," he said.

The department was in combined efforts with the social development and justice and constitutional development departments, police, and the national prosecuting authority in the management of overcrowding.

Paradigm shift "As noted by both the office of the inspecting judge and the Law Society of South Africa in its 2004 prison report, overcrowding remains one of the biggest challenges facing the department.

"The Law Society recommends a paradigm shift while the inspecting judge states that the only answer is to drastically reduce our prison population."

The national council for correctional services chaired by Judge Siraj Desai, committed itself at its recent inaugural meeting to focusing on how to reduce overcrowding.

"In addition, the judiciary under the guidance of Judges Bertelsmann and Boshielo, will convene a conference in September to deliberate on the role of the judiciary in reducing overcrowding in correctional centres," Balfour said.

The department was also in discussions with the justice and constitutional development and safety and security departments over who was responsible for accommodating awaiting trial detainees.

Double-edged sword "While it remains important for us to continue managing levels of overcrowding in terms of our constitutional obligations, the sustainable solution to overcrowding is to be found in how we correct offending behaviour and improve the correction and development of offenders.

"In this regard, we face a double-edged sword.

"For correction and development to be effective, we need more manageable numbers of inmates, while to achieve this, we must ensure that the rate of repeat offending is reduced," Balfour said.

- SAPA