The prison administration provides an Early Childhood Development (ECD) programme, which entails support services and systems for mother and child care units. Infants must be provided with food, clothing, health care and facilities that promote their development (Correctional Services Act 111 of 1998, Section 20.3). Food must be in accordance with the dietary scale and their unique needs. The prison administration is responsible for all infant medical costs. Those with disabilities are entitled to specialised care. The fact that an infant is born in prison may not appear on their birth certificate. They must be provided with adequate clothing, as well as with toys that promote their physical, psychological and emotional development. A nurse must be assigned at every correctional centre to manage the supervision of all the infants. Officials and prisoners (called ‘infant-minders’) working in the mother and child unit must be specially trained and selected based on specific criteria. They must complete a departmental course in childcare. ‘Infant-minders’ may not have been convicted for a violent crime (B-Orders, chapter 8, paragraphs 8, 9, 11, 15, 17).

The Department of Correctional Services’ (DCS) Health Care Policy and Procedures Manual details provisions for gender-specific care. For example, women must benefit from Pap smears, and mammograms if they have a personal or family history of pre-menopausal breast cancer.¹ In practice, civil society organisations report that specific health services focus on pre- and post-natal care, but do not extend to preventive screenings such as for cervical or breast cancer. They frequently report a lack of access to specialist medical care for women. Getting an appointment can take weeks if not months. Even for those with chronic illnesses, a single phone call with a specialist can be difficult to obtain.

Most facilities provide sanitary products free of charge.

Women can submit a request for an abortion in writing to a nurse. The prison governor and Area Manager must be informed. The National Commissioner may approve an abortion at State expense on medical grounds (Regulations to the Correctional Services Act, Regulation 7.9). Requests during the first 12 weeks or for socio-economic reasons are not covered. Different sources note that abortion is highly stigmatised and very difficult to obtain.

Lawyers for Human Rights observes that most women in prison have trauma and a long history of abuse and violence in their lives. Support for these experiences is virtually non-existent. Some are even afraid to leave prison because of the violent environment to which they will return.

Incarcerated women must be allowed to participate in activities, training and work. Programmes that take into consideration the specific needs of women must be provided (Correctional Services Act 111 of 1998, Section 41.7). In practice, different sources indicate that activities are highly gendered and much more limited than in men’s facilities. Activities may include sewing, flower arranging or handicrafts. Work may include hairdressing or styling. Business courses and manual work such as woodwork are generally reserved for male prisoners.

The current regulations include protection against sexual harassment of prisoners. The policy to address sexual abuse of prisoners¹ states that officials accused of participating or colluding in any form of sexual abuse must be placed on leave or transferred elsewhere. Those found to have violated policy may be subject to disciplinary sanctions or termination. All terminations must be reported to the SAPS, the National Prosecuting Authority, and other relevant bodies (Section 7.4).¹

Prisoners must be able to file complaints or requests on a daily basis. These may be made to the prison governor or a representative correctional official. If unsatisfied with the response to their complaint, they may indicate such to the prison governor who must refer the matter to the National Commissioner. As last resort, the prisoner may refer to a Independent Correctional Centre Visitor. For any complaint concerning an alleged assault, the person must undergo immediate medical examination and receive appropriate care (Correctional Services Act 111 of 1998, Section 21).

Prisoners can file complaints to the Department of Correctional Services Tshegetso call centre. They may also file complaints in writing to all State institutions established by chapter 9 of the South African Constitution (excluding the Auditor General). Prisoners can report alleged incidences of corruption to the Anti-Fraud Corruption Hotline or the Presidential Hotline. They may also lay criminal charges with the South African Police Service (SAPS) by means of the daily “Request and Complaints” procedure. The prison governor must arrange for a police official to come take the prisoner’s statement.

Family members can also file complaints on behalf of their loved ones to the National Commissioner, the prison governor, the JICS, the parliamentary Portfolio Committee on Correctional Services or their local Member of Parliament.¹

Legal representatives may file a complaint with JICS on behalf of their clients.²

During a visit to Ebongweni Super-Maximum in May 2021, JICS found that officials did in fact consult with prisoners on a daily basis and that there was a positive working relationship with Independent Correctional Centre Visitors. However, some prisoners indicated that filing complaints did not help.³

Former prisoners interviewed by Prison Insider also stated that complaints procedures are ineffective as matters are simply referred back to the prison governor. They added that this may even have repercussions for prisoners, who see their rights and amenities withdrawn as a result.

Four reports of inhuman treatment and 80 reports of official-on-inmate assaults were received during 2021/22. Six prisoners died following alleged homicides committed by officials. Two prisoners died after being shot at by South African Police Service (SAPS) officials during an escape attempt.¹

The JICS highlights the following cases of violence or ill-treatment:

• Durban Medium A, December 2021: A group of incarcerated people awaiting trial for the same incident alleged that officials degraded and spat on them, and told other prisoners the reason for their detention. The officials allegedly incited and instigated other prisoners against them, leading to the rape of a juvenile prisoner on 26 August 2021. Another prisoner from this group died of a heart attack on 22 October 2021. It is alleged that correctional officials did not respond quickly enough and that their lack of sense of urgency may have contributed to his death. These allegations have all been denied.²

• Mangaung prison, May 2021: The Emergency Security Team (EST/Ninjas) allegedly “doused inmates with water in their cells (on the bed) and then shocked them with their shock shields”. The cells are not equipped with CCTV cameras.³

• Obiqua prison, May 2021: Correctional officials allegedly assaulted seven prisoners.

• Glencoe prison, April 2021: A prisoner was disarmed after being involved in a stabbing incident. He was initially placed in an office, then taken to the hospital, where he died later that evening. The autopsy revealed that the cause of death was “extensive bruising and haematoma to soft tissue”. Allegedly involved officials did not cooperate with the JICS investigator. The SAPS investigation also appears to have been poorly conducted, with no witness interviews.⁴

• Ebongweni Super-Maximum, August 2020: Some prisoners were allegedly assaulted by officials on admission. They were ordered to undress and buckets of cold water were thrown at them. One prisoner claimed that the emergency support team stripped him naked, handcuffed him and assaulted him. When he asked for his handcuffs to be loosened, the officials tightened them. Another prisoner claimed that officials slapped him on the back with an open hand. The officials were not in uniform.² There have also been reports from prisoners who accuse correctional officials of verbal abuse.⁵

• Ekuseni Youth Facility, January 2019: Excessive force was used against juvenile prisoners who had escaped from their dormitories and who were found outside of the centre’s walls. An official claimed that the juveniles had sharp objects. This claim was later found to be untrue. Another official was charged with providing false information.⁶

The JICS notes that correctional officials are often reluctant to testify and cooperate with investigators for fear of being endangered. Prosecution policy for officials is also inadequate and takes much longer than for ordinary citizens. Some prisoners have also claimed that transfers are misused to undermine investigations when they press criminal charges against officials.⁷

Prisoners must be screened on admission for current and past suicidal ideation or mental illness.¹ A person showing signs of mental health issues must be detained in a single cell or a correctional health facility for observation by a medical practitioner (Correctional Services Act 111 of 1998, Section 49.D). Prisoners may also use their own psychologist at their own expense (Regulations to the Correctional Services Act, Regulation 10.3).

The prison administration states needs-based psychological services are provided. These aim to assist prisoners in adjusting to prison life, developing coping skills and preventing re-offending behaviour. Participation is voluntary, unless required by the Court.

Prisoners may undergo an assessment by a psychologist. The evaluation consists of interviews, psychometric tests, observing the prisoner in group settings, feedback from personnel, as well as consultation with family members and/or other relevant persons. Due to a general lack of psychologists in the country, psychological care cannot be offered to all prisoners. As such, the following groups are prioritised:

• previous history of mental illness and/or psychiatric or psychological treatment

• at-risk of suicide

• referred by a court

• youth and women

• violent and/or sexual offenders

• persons who request a psychologist

The following treatment methods are used:

• individual psychotherapy

• group therapy (8-12 persons)

• couples and/or family therapy

• structured programmes (e.g. anger management programmes) managed by psychologists and other professionals (e.g. social workers)

Access to mental health care varies considerably from one facility to another. Prisoners can wait for months before being able to see a psychiatrist. Medication such as antidepressants is provided but there remains a lack of psychologists and follow-up. Some civil society organisations and faith-based organisations provide basic non-qualified mental health support and auxiliary counselling.

People found not criminally responsible by reason of mental illness or intellectual disability are known as ‘state patients’ (Criminal Procedure Act 51 of 1977. These people may be temporarily placed in correctional centres under the care of a medical practitioner while awaiting placement in a psychiatric facility managed by the Department of Health (Regulation 7.13). Due to insufficient space in psychiatric facilities, they sometimes find themselves waiting in correctional centres for indefinite periods. Correctional officials are not trained to deal with ‘state patients’. As of September 2022, there are 113 declared state patients, of which seven are women.²

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.

Lawyers for Human Rights reports that most of their clients do not receive any family visits while in segregation.