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South Africa

Capital city — Pretoria

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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 In October 2023, around 100 people held in this facility denounced unnatural deaths, cases of torture by members of security, and a lack of medical care, professional training, and access to education. The people concerned complain to JICS, in November 2023, that they are being persecuted by surveillance staff.

  • 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. On July 27, 2023, some fifty people detained in this facility denounced dysfunctions in the healthcare system and cases of torture, assault and rape. Shortly afterwards, the people concerned were allegedly targeted for revenge by the prison management.

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.

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 32-34. ↩

  2. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, July 2021, pp. 5, 13-16. ↩

  3. Ibid. ↩

  4. 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. ↩

  • Officials at Mangaung Prison are reportedly implicated in acts of corruption, poisoning, extortion and the organisation of a sex ring involving prisoners and guards. The Police and Prisons Civil Rights Union (POPCRU) criticised the poor management of the prison by G4S. The union is also alarmed by recent layoffs and staff resignations and reports that staff have been intimidated.

    G4S noted that these resignations were not unusual and were due to retirement, health problems or career changes.

    i
    02/03/2024
    / IOL

  • The Police and Prisons Civil Rights Union (POPCRU) stated that prisons managed by private contractors were no longer cost-effective, innovative or efficient in terms of limiting reoffending. The union asked the prison service to accelerate the process of terminating its contracts with private contractors. The union also expressed its concern over the deadlock preventing the termination of the contract with Bloemfontein Correctional Contracts (BCC) for the management of Mangaung Prison.

    i
    21/02/2024
    / IOL

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.

  • In 2024, the prison service reported that programmes were rolled out according to the needs of the female prisoners, identified during the initial evaluation. Available programmes addressed gender-based violence awareness, anger management, sexual offences, substance abuse, restorative justice, behaviour modification in response to gangsterism, and programmes to prepare for release.

    i
    17/03/2024
    / IOL

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

  1. Department of Correctional Services, “Policy to address sexual abuse of inmates in DCS facilities”, January 2011. ↩ ↩

  • In the event of sexual assault allegations, the victim is sent to the hospital for evaluation and treatment.

    i
    22/02/2024
    / Times LIVE

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.

  1. Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, pp. 57-59. ↩

  2. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 51. ↩

  3. 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. 27. ↩

  • Prisoners can verbally report complaints to guards or file written complaints using the complaints register.

    i
    22/02/2024
    / Times LIVE

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

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 44-49, 53, 55. ↩

  2. Ibid. ↩ ↩

  3. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, July 2021, p. 3. ↩

  4. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 44-49, 53, 55. ↩

  5. 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. 27. ↩

  6. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 44-49, 53, 55. ↩

  7. Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 46. ↩

  • The prison service received 1,805 complaints concerning sexual assault in 2023.

    i
    22/02/2024
    / Times LIVE

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

  1. Department of Correctional Services, “Health Care Policy and Procedures Manual”, paragraph 2.11. ↩

  2. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 36. ↩

  • The Commission for Gender Equality (CGE) reported to the head of the prison administration, in 2024, that prisoners with mental disorders are not placed in separate units from the general prison population due to overcrowding.

    i
    22/02/2024
    / Times LIVE

Prisoners have the right to vote

yes

Prisoners over the age of 18 can participate in national and provincial elections (Electoral Act 73 of 1998, Section 24B). Mobile voting stations may be put in place (Section 65.1A). Prisoners cannot, however, participate in local elections. The Independent Electoral Commission is responsible for visiting correctional centres to register prisoners as voters, which requires an identity document.1

  1. Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 56. ↩

  • Ahead of the general elections of May 2024, prisoners were invited to register with the Independent Electoral Commission (IEC) between 30 January and 1 February 2024. The prison service, alongside the IEC, collected prisoners’ identity documents from their families in order to complete registration.

    i
    2024
    / The Citizen

Acts of violence between prisoners are investigated

-

The prison administration must conduct internal investigations. In many cases of sexual assault, these are not carried out or are concluded prematurely, with no disciplinary action being taken against the perpetrators.1

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 70. ↩

  • Fourteen people in pre-trial imprisonment were attacked with broken glass on 16 February 2024 at Westville Prison. Convicted prisoners were reportedly behind the attack. The prison service launched an inquiry.

    i
    17/02/2024
    / SABC News