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
Living conditions
Accommodation
The law establishes a minimum standard for living space per prisoner
yes
Minimum surface area requirements per person, not including space taken up by sanitary facilities and personal lockers, are the following:
-
communal cell (dormitory): 3.3 m2
-
single cell: 5.5 m2
-
hospital communal cell: 4.6 m2
-
hospital single cell: 9 m21
The South African Human Rights Commission (SAHRC) reported, in 2020, a systemic failure to ensure adequate accommodation standards.2
At Ebongweni Super Maximum, single cells only measure 5 m2.3
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, pp. 14-15. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 24. ↩
Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, p. 32. ↩
Prisoners are accommodated in single cells
in some facilities
Older facilities are generally made up of communal cells whereas newer ones also have single cells. The majority of prisoners are held in communal cells1 accommodating between 24 and 100 prisoners at a time.2.
Many cells hold more people than what they were built for.3 Communal cells designed for 40 people hold closer to 100. Single cells frequently hold three people at a time.
The SAHRC reported, in 2020, that people held in communal cells in remand centres often do not have sufficient space between beds and sometimes have to share a single bed.4
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 14. ↩
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 11. ↩
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 14. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 28. ↩
Prisoners sleep on
- a bunk bed
- a mattress on the floor
Most prisoners sleep in bunk beds.1 In the most overcrowded facilities, they sleep on mattresses on the floor.
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 11. ↩
All the prisoners are provided with bedding
Prisoners must be provided with sufficient bedding to meet hygiene requirements and climate conditions (Correctional Services Act 111 of 1998, Section 10). They must be provided with a pillow, a pillowcase, two bed sheets, two blankets, and one mattress (B-Orders, chapter 1, paragraph 37.4).
In 2020, the SAHRC reported a systemic failure to provide adequate bedding.1 For example, at Bizana Remand, the JICS reported that bedding was old and torn.2
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 24. ↩
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 29. ↩
Cells must have sufficient natural lighting to enable prisoners to read and write (Regulations to the Correctional Services Act, Regulation 3.2).
The oldest facilities, built in the 1800s, have small windows that let in very little light. In some rural facilities, the JICS was able to negotiate with the prison administration to allow prisoners to spend more time outside each day to compensate.
In 2020, the SAHRC reported that communal cells in remand facilities often have poor ventilation.1
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 28. ↩
The cells/dormitories are provided with electric lighting
-
Cells must have sufficient artificial lighting to enable prisoners to read and write (Regulations to the Correctional Services Act, Regulation 3.2c). Monitoring bodies1 have observed faulty and unsafe electrical systems and/or poor lighting in a majority of facilities as a result of the dilapidated infrastructure. At Bizana Remand, electrical sockets in cells and offices were dysfunctional. Three cells did not have lighting. Officials raised their concerns to the prison administration, but these were never addressed. At Pollsmoor Medium B, passages and communal cells were completely dark. Officials operated using torches and unlocking prisoners in complete darkness, compromising security measures. In a subsequent unannounced visit, light fittings were found to have been removed from cells and passages.2
In March 2022, during an investigation on a suicide at Westville Medium B remand detention centre, the JICS found that a man had been placed in segregation for 30 days in a cell that did not have functional lighting. Officials could not see far enough into the cell to notice that he had committed suicide. His segregation was never reported to the JICS. The suicide was discovered when officials went into his cell to take him to court. The JICS highlights that dysfunctional lighting in single cells forces prisoners “to either sleep for extended periods or sit in the dark”, and recalls that “oversleeping may cause health issues including depression“. Many other single cells also did not have functional lighting.2
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 25. ↩
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 27, 29, 47, 39, 88. ↩ ↩
The cells/dormitories are equipped with heating and/or air conditioning
no
Extra blankets are sometimes provided during the winter.
Prisoners can smoke
in their cell/dormitory
There are specific cells where smoking is permitted. This is taken into account when placing prisoners who smoke.
Of the 172 inspections carried out by the JICS during 2021/22, 44 facilities did not have serviced fire equipment.1 This is a systemic problem repeatedly reported by the SAHRC in several facilities.23
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 39. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 33. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 7, 30, 31. ↩
Hygiene
Prisoners have access to water
in their cell/dormitory
Every correctional centre must provide access to hot and cold water for washing purposes at all times (Regulations to the Correctional Services Act, Regulation 3.2d).
In practice, the JICS reports that almost a third of facilities, mostly old and rural, do not have access to hot water. Where access is provided, it is usually available via a sink.
Showers are located in the cells/dormitories
-
Sanitary facilities must be available at all times with access to hot and cold water for washing purposes. These facilities must be partitioned off in communal cells (Regulations to the Correctional Services Act, Regulation 3.2). In practice, hot water is not always available.12 Prisoners must sometimes use an urn to boil water, which creates a security risk.2 During a visit to Ebongweni Super-Maximum in May 2021, prisoners reported to the JICS that some sections had no water for showers. The hospital section had a dysfunctional plumbing system.3
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 11. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, pp. 8, 34. ↩ ↩
Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, p. 33. ↩
Types of sanitary facilities
toilets
Sanitary facilities are clean, adequate and accessible
in some facilities
The conditions of the sanitary facilities can vary significantly. The SAHRC reports inadequate waste disposal and dysfunctional sanitary facilities.12 Older facilities generally have communal cells that may or may not have a partitioned-off toilet. These may have issues such as mould, dysfunctional plumbing, and/or unpleasant odours. In newer centres, single cells are generally equipped with a sink and a toilet.
In 2022, the JICS reported that the small rural facility of Ingwavuma did not have running water. The sanitary facility was dysfunctional and prisoners had to use water from buckets to bathe and flush toilets. At Bizana Remand and Pollsmoor Medium B, exposed plumbing also needed repairs.3
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, pp. 24, 25. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 8. ↩
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 27, 29, 38. ↩
The prison service provides personal hygiene products free of charge
yes
The prison administration states that all prisoners are provided with toiletry free of charge, including a comb, a razor blade (one per week), a razor, a shaving brush, bars of laundry soap (2 x 200 gr), bars of toilet soap (2 x 100 gr), a face cloth, a towel, toothpaste, a toothbrush and toilet paper. Most facilities provide sanitary towels free of charge. However, the JICS still receives complaints regarding access to these products. Prisoners are required to have their beards and hair clean and neat at all times (B-Orders, chapter 1, paragraph 37.3).
The prison service provides cleaning products free of charge
yes
The prison administration must provide prisoners with the means to keep their person, clothing, bedding and cell clean and tidy (Correctional Services Act 111 of 1998, Section 9).
Beddings are refreshed
yes
All prisoners must be provided with suitable bedding to maintain their basic hygiene standards. Some newer facilities have washing machines and dryers that prisoners can use to clean their bedding.
Prisoners must be provided with a complete outfit of clothing sufficient to meet hygiene requirements and climate conditions (Correctional Services Act 111 of 1998, Section 10; Regulations to the Correctional Services Act, Regulations 5 & 26C). These uniforms must be in line with their security classification, and include two pairs of socks, four underwear, one pyjama, one pair of shoes, two shirts, two pants, and one jersey (B-Orders, chapter 1, paragraph 37.5). Prisoners may wear religious or cultural attire (Section 48 & Regulation 5).
The JICS reports shortages of clothing items in some facilities. This was the case for uniforms at Bizana Remand1. At Ebongweni Super-Maximum, shortages included pyjamas, uniforms, socks and shoes. One prisoner showed JICS staff that his shoes had no soles.2 The SAHRC also reports a systemic failure to provide adequate clothing. It considers that one of the main causes of shortages is the centralisation of production, which used to be carried out within facilities and by prisoners.34
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 29. ↩
Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, p. 33. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 24, 31. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 28. ↩
According to the prison administration, prisoners have access to laundry facilities to wash their clothing and bedding. The presence of these facilities has only been confirmed by the JICS in some newer prisons.
The prison administration provides prisoners with soap to wash their clothes in a sink.
Every prisoner is responsible) for keeping their person and living space in a clean and healthy condition. The healthcare services sub-directorate must ensure hygiene and waste management compliance. It must also organise educational sessions on health and hygiene.
Cleaning rotations are set up in communal cells, where different prisoners are responsible for cleaning on different days.
The JICS reports that “the dilapidated condition of correctional facilities has been of concern for several years”. At Pollsmoor Medium B, the JICS considered the facility to be “dirty and unhygienic”. Water leaked in whenever it rained. At Bizana Remand, the wall tiles were dirty, and the windowsills were dusty, with the presence of flies and cockroaches. The ceiling was covered in dirt or mould.1
The SAHRC also reports that many facilities are in a constant state of uncleanliness and/or disrepair, with no working lights, leaking taps, broken tiles, leaking roofs and/or inadequate waste disposal facilities.2 Pest prevention and management appears to be a challenge in some facilities, despite claims that they are fumigated at least once a month. In 2020, the SAHRC urged authorities to close Ladysmith Correctional Centre due to conditions amounting to inhumane and degrading treatment. Conditions in terms of poor hygiene included waste being dumped behind the facility, next to the parking lot, and a kitchen infested with rodents, flies and cockroaches.3
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 27, 29, 37. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 25. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, pp. 30, 31. ↩
Food
Drinking water is free and available in all areas of the facilities
The Correctional Services Act 111 of 1998 states that clean drinking water must be available (Section 8.6). In practice, some rural facilities do not always have drinking water due to problems with water pipes and drought, from which the entire community suffers. Water trucks must come in from other areas with drinkable water to supply the facility.
Number of meals per day
3
All prisoners are entitled to three meals per day, including infants incarcerated with their mothers.
Food must be served at intervals of 4.5 to 6.5 hours. The duration between breakfast and dinner should not exceed 14 hours (Correctional Services Act 111 of 1998, Section 8.5).
In practice, most large facilities serve lunch and dinner together due to the current work shift schedule. Prisoners are expected to eat part of the meal during the day and keep the rest for the evening. The JICS indicates that this practice increases health risks.1
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 40. ↩
Food services are managed by
- the prison service
- private services
The prison service is required to meet nutritional standards regarding quality and quantity
The Correctional Services Act 111 of 1998 states that ”each inmate must be provided with an adequate diet to promote good health, as prescribed in the regulations” (Section 8.1). Each sentenced prisoner must be provided with the following minimum protein and energy content (Regulations to the Correctional Services Act, Regulation 4):
-
men: 2,500 kilocalories per day
-
women: 2,000 kilocalories per day
-
children: 2,800 kilocalories per day, of which 0.8 grams per kilogram of bodyweight must be protein
A balanced diet must be provided including grain, fruits, vegetables, dairy, meat and protein, fats, oils and sugar.
In practice, food quality and nutrition are very poor and linked to high rates of migraines and diabetes. Diets are generally high in starch, carbohydrates, and salt. They are geared towards keeping prisoners full rather than providing necessary nutrients. They lack fruit and vegetables, which are also limited in variety. The SAHRC reports a systemic failure to provide adequate nutritional standards, citing a widespread lack of certification for food handling and preparation, in violation of the Food, Cosmetics and Disinfectants Act.1 During 2021/22, the JICS reported a number of issues: non-compliance with health and safety regulations (Bizana, Ingwavuma), expiry of kitchen certification (Bizana, Ingwavuma), faulty equipment and/or drainage (Bizana, Ingwavuma), insufficient food (Kgosi Mampuru II), and poor food quality (Ebongweni, Kgosi Mampuru).234 In 2020, the SAHRC drew attention to the fact that some repairs can only be performed by the Department of Public Works and Infrastructure (DPWI), rather than being carried out in-house or outsourced to a third party when necessary. In many cases, this leads to significant delays.5
Some sources note that women do not appear to benefit from the same quality in nutrition, receiving stodgier food than men. In one case, it was reported that the broth from the chicken served in the men’s unit was used to make soup in the women’s unit, giving them the back end of the food chain.
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, pp. 24, 25. ↩
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 29, 38. ↩
Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, 2July 2021, p. 22. ↩
Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, p. 33. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, pp. 30, 31. ↩
The prison service provides food that respects special dietary needs
The Diets must account for the specific needs of children, pregnant women, and others with special health needs, as well as religious and cultural preferences (Correctional Services Act 111 of 1998, Section 8).
Institutional and civil society organisations report that provisions in terms of religious diets are upheld. Prisoners of the same faith typically cook for one another using the kitchen facilities. During Ramadan, Muslim prisoners are placed in the same units to facilitate the organisation of meals and prayers.
Prisoners eat their meals in
their cell/dormitory
Prisoners can buy food products
All facilities generally have a commissary where prisoners can buy food. Most prison commissaries charge inflated prices that are out of line with the outside market. In May 2021, prisoners at Ebongweni Super-Maximum expressed their frustration at this situation to JICS officials.1 The shops mainly sell ‘junk food’ such as chips, and rarely offer any fruits or vegetables.
Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, p. 33. ↩
Prisoners can have access to a refrigerator
no
Prisoners are allowed to cook in their cells or in a shared space
no
Prisoners are allowed to receive food parcels
in some cases, only remand prisoners
Remand prisoners may receive food or drinks during visiting hours. It must be appropriately wrapped or sealed. A correctional official may examine or test it to verify that it is clean and/or free from contamination. Canned food and food that needs further preparation is not allowed. All food must be consumed at the following meal. A remand prisoner has the right to be informed of the identity of the sender and may refuse to accept it (Regulations to the Correctional Services Act, Regulation 26A).
Part of the prisoner's food is produced by the prison
in some facilities
Prisoners are integrated into various production processes managed by the prison administration:
-
21 big farms and 115 small sites (vegetables)
-
14 orchards
-
15 beef projects and 5 small stock farms
-
15 pig farms
-
17 dairies
-
3 broiler projects
-
7 layers
-
20 farms (animal fodder)
The administration reports several issues in piggeries, including improper wastewater disposal discharge, dilapidated infrastructure (broken windowpanes, asbestos ceilings), dysfunctional air conditioners at the furrowing houses and dysfunctional water reticulation systems (leaking taps and drinking nipples).1
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, p. 6-22. ↩