South Africa
Capital city — Pretoria
Incarceration rate (per 100,000 inhabit…
i10/2022Country population
i2022Type of government
iCentral Intelligence Agency, The World Factbook - South AfricaHuman Development Index
0.713(109/191)
iHomicide rate (per 100,000 inhabitants)
i2021Name of authority in charge of the pris…
Total number of prisoners
i31/03/2023/ Judicial Inspectorate for Correctional ServicesPrison density
143 %According to the…
i11/08/2023Total number of prison facilities
243As of March 2022,…
i31/03/2022/ Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 13.An NPM has been established
yes, in 2019On 19 July 2019,…
Female prisoners
i31/03/2023/ Judicial Inspectorate for Correctional ServicesIncarcerated minors
0.1 %Sixty-five childr…
i31/03/2023/ Judicial Inspectorate for Correctional ServicesPercentage of untried prisoners
35.6 %The high rate of…
i31/03/2023/ Judicial Inspectorate for Correctional ServicesDeath penalty is abolished
yes, since 1997The last executio…
iTogether against the death penalty (ECPM), Worldmap
Overview
Prison population
Incarceration rate (per 100,000 inhabitants)
250
The authorities publish official statistics on prison population
on a regular basis, annually
The prison service has a computerised record keeping system
According to Lawyers for Human Rights, a new e-Corrections system is being rolled out. However, many prisons still rely on paper-based operations, keeping only tangible records of prisoners.
Total number of prisoners
157,056
Variation in the number of prisoners
increase
The total number of prisoners increased by 9.64% between March 2022 (143,244) and March 2023 (157,056).
Variation in the incarceration rate
decrease
The incarceration rate decreased by 3.48% from 2020 (259) to 2022 (250).
Prison density
143 %
According to the prison administration, the main reasons for overcrowding are court backlogs, the absence of a response from courts, or their reluctance to grant release for pre-trial prisoners.
The functioning of courts has a particular impact on pre-trial detention facilities. The African Policing Civilian Oversight Forum (APCOF) notes that, due to infrastructural and financial constraints, courts can only operate 4.5 to 5.5 hours per day. Frequent power cuts (load shedding) in Pretoria, Johannesburg and Cape Town also affect their ability to operate. Rural areas face major challenges regarding electricity supply and transportation of prisoners to and from courts.
The head of the Judicial Inspectorate for Correctional Services (JICS), Inspecting Judge Edwin Cameron, also attributes overcrowding to the implementation of mandatory minimum sentences after the end of apartheid (1994).
Variation in the prison density
increase
The prison density rate increased from 131.65% (March 2022) to 147% (August 2023).
Overcrowding is an issue for specific types of prison facilities
yes
Prison density varies between facilities and regions. Pre-trial detention centres and prisons in urban centres such as Johannesburg, Durban and Cape Town are generally the most severely overcrowded.
Historically, Western Cape has had the highest rates of overcrowding, and Free State/Northern Cape the lowest. Some facilities may have a low overall density, while having units operating beyond their capacity. The Tswelopele centre (Free State/Northern Cape), for instance, has an occupancy rate of 62%1 but some of its units are severely overcrowded.
The most overcrowded facilities by region are as follows1:
-
Eastern Cape: Bizana (306%), Polokwane (251%), Lusikisiki (233%), Umtata (207%)
-
Free State/Northern Cape: Grootvlei Maximum (198.7%), Harrismith (173%), Bethlehem (143.2%), Colesburg (130%)
-
Gauteng: Baviaanspoort Maximum (160%), Leeuwkop Medium (156%), Zonderwater Medium A (144%), Krugersdorp (149%)
-
KwaZulu-Natal: Pietermaritzburg Medium A (203%), Eshowe (160%), Ladysmith (158%), Durban Medium B (153%)
-
Limpopo, Mpumalanga and North West: Makadu (206%), Polokwane (200%), Thohoyandou Medium B (159%), Barberton Maximum (148%)
-
Western Cape: Worcester male (227%), Beaufort West (219%), George (200%), Pollsmoor RDF (192%).
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 32-34. ↩ ↩
The country has been condemned by an international court for its prison overcrowding
yes
A supervisory body has issued a decision on prison overcrowding
The Saldanha Judgement, issued by the Western Cape High Court on 22 December 2016, declared that the number of persons detained at Pollsmoor Remand Detention Facility must be reduced to 150% of the approved accommodation within six months. Pollsmoor’s density decreased from 251% to 144.7% by June 2017. By May 2018, it had risen back to 174.7%.1
Overcrowding has been extensively documented by the Judicial Inspectorate for Correctional Services (JICS) and the South African Human Rights Commission. The JICS frequently issues recommendations to the prison administration to ease overcrowding.
Parliamentary Monitoring Group, Report by the Department of Correctional Services to the Select Committee on Justice and Security, June 2018, p. 14. ↩
Organisation
Name of authority in charge of the prison service
Ministry of Justice and Correctional Services
Budget of the prison service
1,250,000,000
R 25,943,252,000
Percentage of the ministerial budget allocated to the prison service
55.46 %
The total budget for law courts and prisons for the 2021/22 fiscal year was R 46.7 billions.
The prison service outsources the management of the facilities to private companies, either partially or fully
yes
A contract with a third party may be concluded to design, construct, finance and operate all or part of a correctional centre. The contract period for a public-private partnership (PPP) may not exceed 25 years. The Contractor must appoint a director in each PPP facility. The Director has the same powers, duties and functions as a prison governor (Correctional Services Act 111 of 1998, Sections 103-105).
A Controller from the prison administration is appointed for each contract and must oversee the daily operation of the public-private partnership (Section 106).
There are two PPP correctional centres. Both are classified as maximum security prisons:
-
Mangaung PPP has a capacity of 2,928 prisoners. It was opened in 2001 and is managed by G4S. The full contract between the prison administration and G4S is not disclosed.1
-
Kutama-Sinthumule (Makhado) has a capacity of 3,024 prisoners.2 It was opened in 2002 and is managed by a joint venture, South African Custodial Services (SACS), established by Kensani Corrections and the Geo Group.
Mangaung prison is located adjacently to Grootvlei Maximum, the most overcrowded facility in the region. Available space at Mangaung prompts the immediate transfer of prisoners from Grootvlei.
According to the Judicial Inspectorate for Correctional Services (JICS), Mangaung prison is “a hotspot for dangerous and uncooperative prisoners”. Those belonging to gangs and/or involved in riots and stabbings are often transferred to this facility.3
In October 2022, the South African Police Service (SAPS) informed the prison administration and the JICS that a prisoner had escaped from Mangaung in May 2022. Documents provided by G4S reveal evidence that a fire was staged in the prisoner’s cell with the help of custody officials4 to fake his death and facilitate his escape. The JICS reports delays in investigating the escape, including a slow response in reporting it, and in carrying out the autopsy and DNA tests on the body found in the cell. This incident has led to doubts over G4S’ ability to properly manage the facility.
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 32-34. ↩
Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, July 2021, pp. 5, 13-16. ↩
Ibid. ↩
A custody official is employed by a contractor or subcontractor in a PPP facility, whereas a correctional official is employed directly by the prison administration. ↩
-
On 27 July, 50 prisoners at Kutama-Sinthumule Correctional Centre (KSCC) submitted a memorandum to prison management and the Department of Correctional Services (DCS). It includes a list of grievances ranging from lack of food and a dysfunctional healthcare system to cases of torture, assault and rape. The signers were targeted by vengeful prison management shortly after.
Prisoners started a fire at the facility on 7 August. -
In October, 100 prisoners at Mangaung Prison submitted a memorandum to G4S and the Department of Correctional Services (DCS). They cited unnatural deaths, cases of torture by members of security, and a lack of medical care, professional training, and access to education. The spokesperson for the Correctional Services said that an investigation will look into the issues. The prisoners say that they have been persecuted by surveillance officers since signing the memorandum and since the visit from an inspecting judge of Correctional Services.
-
On 2 May, the Department of Correctional Services (DCS) sent Bloemfontein Correctional Contracts (BCC) a 90-day notice to terminate the contract with G4S for the management of Mangaung Prison. The contract with G4S has been extended for a period of three months, starting 26 August, so that a dispute relating to the termination of the contract between DCS and BCC can be resolved. DCS will take over operations management at Mangaung following the contract termination process.
The Department of Correctional Services (DCS) is headed by the National Commissioner. The prison service is divided in six administrative regions. Every region has its own Regional Commissioner and is subdivided into multiple areas, each headed by an Area Commissioner:
-
Eastern Cape: 6 areas
-
Free State / Northern Cape: 7 areas
-
Gauteng: 8 areas
-
KwaZulu-Natal: 7 areas
-
Limpopo, Mpumalanga and North West: 8 areas
-
Western Cape: 10 areas
The national prison administration is made up of five service departments:
-
Incarceration Services: admission; assessment and placement; development of correctional sentences plans (CSPs); release
-
Rehabilitation Services: implementing and monitoring of correctional sentences plans; psychological and social work services and programmes; spiritual, correctional, educational and skills development programmes; sports, recreation, arts, culture and libraries services; health care social behaviour change programme
-
Social Re-integration Services: parole and probationer monitoring, and community liaison services; re-integration programmes
-
Security Services: personal, physical, technological, information and operational security; management supervision
-
Care Services: primary health care (health promotion and disease prevention; curative, rehabilitative and referral services; palliative care); HIV/AIDS, pharmaceutical, nutrition, and personal and environmental hygiene services1
The prison administration faces different challenges: shortcomings in human resources management, a lack of Information and communication technology (ICT) resources and a shortage of legal staff. The management structure is described as top-heavy and fragmented.2
Department of Correctional Services, Service Delivery Charter, pp. 6-7. ↩
Department of Correctional Services, Operations Management Framework Phase II, Operations Design Report, February 2021, pp. 24-27. ↩
Sentenced prisoners are assessed on admission to determine their security risk and placement. They may be classified under minimum, medium, maximum, C-Max or super maximum security. Each category provides different rights and amenities, such as the number, duration and types of authorised visits, the objects they can have and the number of hours spent outside the cell. Prisoners with the same security classification, but held in different facilities, may be subject to different security measures. The same facility may be designated for a specific category or have several wards for different groups of prisoners.
There are two C-Max facilities: Kgoši Mampuru II C-Max and Ebongweni Super Maximum. These facilities are intended for prisoners with the highest level of security and/or escape risk. The regime is described as harsh. Prisoners spend most of the day in single cells and are allowed one hour of exercise per day.
Prison facilities
The Correctional Services Act 111 of 1998 makes a distinction between two main types of prison facilities:
-
remand detention facilities for pre-trial prisoners
-
correctional centres for sentenced prisoners
A prison may be designated for a specific security category or have different units for each: minimum, medium, maximum, C-Max and/or super-maximum security. It may also be entirely reserved for a specific group of prisoners, such as women or children, or have different sections for each of them. For example, Tswelopele prison has units for men, women, juveniles (18-21) and children, who are further divided into medium security, maximum security and remand. These groups are all separated. The degree of diversity at Tswelopele is an exception within the prison estate.
Most prisons are medium or maximum security, with a unit dedicated to pre-trial prisoners. Minimum facilities are often located in rural areas. They have low walls and limited security measures. The only two C-Max facilities are Kgoši Mampuru II C-Max and Ebongweni Super Maximum.
Placement primarily depends on the length of sentence:
-
minimum: less than 24 months
-
medium: less than 10 years
-
maximum: 10 years to life
-
C-Max / super maximum: for prisoners representing the highest security and/or escape risk
Security risks are also taken into consideration. For example, long-term prisoners that present a low-security risk may find themselves placed in a medium security prison.
The prison administration also manages halfway houses: community based residential facilities for probationers and parolees that do not have a residence upon release. These facilities are run in partnership with civil society organisations. They are intended to serve as bridge between correctional centres and the community.1
Department of Correctional Services, Presentation of the Importance of Half Way House, 16 July 2015. ↩
Total number of prison facilities
243
As of March 2022, Brandvlei, Geluk and Swellendam prisons are temporarily closed due to dilapidation, and Brits and Parys prisons for renovation.1 As of August 2023, Kutama Sinthumule prison is closed due to a fire that broke out in the facility.2
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 21. ↩
Department of Correctional Services, Rehabilitation of Offenders and its Partnerships with Sector Stakeholders and Service Providers - Presentation to Portfolio Committee, 1 February 2017, slide 81. ↩
Total official capacity of the prison facilities
108,804
Variation in the capacity of the prison facilities
decrease
The total capacity decreased by 9.76% from March 2021 (120,567 )1 to March 2022 (108,804).
Judicial Inspectorate for Correctional Services, Annual Report 2020 -2021, p. 36. ↩
The size of facilities varies according to their location, particularly between urban and rural areas. Some of the largest correctional facilities are found in Gauteng region, including Johannesburg, Krugersdorp, Kgoši Mampuru II, Boksburg and Modderbee. The region of Limpopo, Mpumalanga and North Westand, as well as Eastern Cape mainly consist of small and rural centres.1
Tswelopele is the largest prison in terms of capacity, roughly 3,000 places according to JICS. The smallest facilities, such as Bizana, have a capacity of approximately 50 prisoners.1
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 32-34. ↩ ↩
The facilities managed by the prison administration are spread across the following regions1:
-
Eastern Cape: 45
-
Free State/Northern Cape: 47
-
Gauteng: 26
-
KwaZulu-Natal: 42
-
Limpopo, Mpumalanga, North West: 38
-
Western Cape: 43
There are also two public-private partnership (PPP) facilities, one in the Free State and the other in Limpopo.
Roughly 20% of all facilities are located in rural areas.
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 11. ↩
Prison facilities are accessible by public transport
some facilities
Prisons located in urban centres are accessible by public transport, which is not the case for most prisons in rural areas.
Staff
Guard to prisoner ratio
-
The prison administration does not publish an overall guard to prisoner ratio. Large facilities have an average ratio of 1:6, medium sized facilities 1:5, and small ones 1:2. This ratio can vary considerably. In Calvinia, it stood at 1:25 in February 2021.1
The staff to prisoner ratio in Mangaung PPP was 1:64 in 2020. This ratio is stipulated in the contract between G4S and the prison administration. The staff primarily rely on CCTV cameras for security monitoring. Doors are opened and closed remotely from a workstation. Staff can communicate with prisoners via an intercom system in each cell.2
Different sources report a shortage of correctional officials and a high absenteeism rate. This shortage also extends to administrative staff.3
Staff across all prisons are generally on duty from 6.30 am to 3.00 pm. The night shift starts at 3.00 pm. Prisoners are then generally placed in communal cells, holding up to 100 prisoners, with minimal staff supervision. A single official may be responsible for an entire section which may contain multiple communal cells. Staff numbers are also reduced to a minimum during weekends, as well as on Mondays and Fridays in most prisons. Some sources note that these conditions fuel violence and sexual abuse.
Department of Correctional Services, Operations Management Framework Phase II, Operations Design Report, February 2021, pp. 24-27. ↩
Judicial Inspectorate for Correctional Services, “Pressure Cooker”, 20 September 2020, pp. 8, 14. ↩
Department of Correctional Services, Operations Management Framework Phase II, Operations Design Report, February 2021, pp. 24-27. ↩
Number of socio-educational workers (FTE)
-
Social work services must be provided to all sentenced prisoners (Regulations to the Correctional Services Act, Regulation 10.1). Social work services provide needs-based programmes and services for the adjustment, social functioning and reintegration of prisoners back into the community. They assess each person and determine the appropriate programmes for them. They provide counselling and support, crisis intervention, and handle administrative procedures such as parole reports. They also organise information campaigns and facilitate contact with families.
In practice, there is a shortage of social workers and educators. The prison administration faces difficulties in recruiting these professionals, especially in rural areas. As of 2022, at least 14 facilities do not officially employ any educator.
The prison staff is represented by (a) union(s)
The Police and Prisons Civil Rights Union (POPCRU) is a trade union organisation operating within the South African Police Service (SAPS), the Department of Correctional Services (DCS) and the Traffic component. This Union represents more than 150,000 Police, Corrections and Traffic Officials.
Officials used to undergo three to six months’ training, including on-the-job learning, but institutional and civil society actors report that the quality and duration of such training has declined in recent years. Some external organisations, such as Just Detention International - South Africa (JID-SA), provide specific training on sexual abuse and LGBTIQ+ groups.