'Long sentences jamming jails'

2003-05-23 12:42

Cape Town - The threat of long prison sentences is not necessarily a deterrent for people thinking about committing a crime.

This is according to South Africa's inspecting judge of prisons, Judge Johannes Fagan, who says longer sentences are resulting in more overcrowded prisons and less scope for rehabilitation.

"It is the certainty of apprehension and punishment, rather than the severity of the sentence, that is the real deterrent," he states in his inspectorate's prisoner and prisons annual report 2002/03, tabled in parliament on Friday.

Long sentences "are appropriate only in those rare cases where there is no possibility of reforming the offender".

"For rehabilitating offenders, the long sentences are not necessary.

"Much-shorter sentences were regarded in the past as just sentences for similar crimes with sufficient time for rehabilitation.

"There is no need to lengthen the times inordinately."

Fagan's report details a steady rise since 1995 in the number of prisoners serving long (more than 10-year) sentences.

Those serving sentences of more than 20 years rose from 1 885 in January 1995 to 7 885 in September 2002.

Lifers have 'escalated dramatically'

The number of prisoners serving 15- to 20-year sentences rose from 2 660 in 1995 to 8 335 in January this year, while those serving 10- to 15-year sentences rose from 6 168 to 18 956 in the same period.

Fagan says the average number of prisoners serving life sentences has "escalated dramatically".

According to a table in the report, these rose from 2 951 prisoners serving life sentences in 1996 to 5 505 such prisoners in 2002.

"It would appear that what was brought in as a temporary measure to allay the fears of the public, has contributed to long sentences becoming the norm.

"The result is more overcrowded prisons with less scope for rehabilitation. Rehabilitation is essential, as about 95% of all prisoners will go free one day."

Fagan says "although it might have been necessary in 1997 to reassure a public that believed crime was out of control by passing legislation limiting the right to bail and laying down minimum sentences", this is no longer required.

"Crime in South Africa would not appear to be worse than that in many other countries. It is under control and declining steadily," he says.

According to the report, South Africa's prisons - designed to cater for 110 924 inmates - housed 188 307 prisoners at the end of February this year.

- SAPA