Women are incarcerated in specific units or in separate buildings within large prison complexes. Separate buildings are more commonly found in urban centres.

The following facilities have specific buildings for women:

• Durban

• East London

• Johannesburg

• Kgosi Mampuru II

• Oudtshoorn

• Pollsmoor

• Thohoyandou

• Worcester

The following facilities have specific units for women:

• Bethal

• Bizzah Makhate Medium C

• Eshowe

• Kimberley

• Kokstad

• Mafikeng

• Nelspruit

• Newcastle

• Port Elizabeth

• Upington

• Vryheid

Searches must be conducted by a correctional official of the same gender. The other gender must not be present (Correctional Services Act 111 of 1998, Section 27.3b). In practice, sources indicate that a male officer may remain at the door or just outside during searches. Incarcerated women report feeling a lack of privacy in these situations. They also report feeling uncomfortable when male officers conduct cell searches during which they may touch their undergarments. There are no operating procedures to prevent male officers from doing so.

The National Commissioner must ensure, “where practicable”, that a mother and child unit is available for women incarcerated with their children (Correctional Services Act 111 of 1998, Section 20.3). These units must promote physical, social and mental development. Its staff is responsible for providing care and protecting the infants against sexual and child abuse. Mothers must receive counselling, guidance and training to develop their parenting skills. Infants must sleep in cots in the same cell as their mother and be provided with bedding (B-Orders, chapter 8, paragraphs 5-6). These units are usually located in a secure room with painted walls and toys, sometimes with a playroom.

In 2020, the South African Human Rights Commission (SAHRC) reported that some mother and child units are inadequate, small and lack baby cots. Structurally, the doors make a loud banging noise similar to other cell doors when being closed, locked and unlocked. The SAHRC considers that this can have adverse psychological effects on the development of infants. The mother and child unit at Oudtshoorn Female Correctional Centre was found to be heavily infested with cockroaches.¹

Security staff wear standard uniforms when working in mother and child care units.

Minors are subject to the Child Justice Act 75 of 2008.

The Child Justice Act 75 of 2008 sets out the following sentencing options (Chapter 10, Part 2):

• community-based sentence

• restorative justice

• fine, symbolic restitution, financial compensation, obligation to provide a service or benefit

• correctional supervision

• compulsory residence in a child and youth care centre (CYCC)

• imprisonment

Only imprisonment and correctional supervision as part of a prison sentence are managed by the prison administration.

There are 15 juvenile and youth centres in which children are held:

• Barberton Town

• Boksburg Juvenile

• Brandvlei Juvenile

• Cofimvaba

• Cradock

• Drakensteyn Youth

• Durban Juvenile

• Ekuseni

• Emthonjeni Juvenile

• Modimole

• Mosselbay Youth

• Mount Ayliff

• Pollsmoor Medium A

• Rustenburg Medium A

• Rustenburg Medium B

Incarcerated children must be provided with recreational, religious, psychological and social work services. The prison administration must also, “if practicable”, foster family contact through additional visits and other means (Correctional Services Act 111 of 1998, Section 19).

As of 30 September 2022, the most represented foreign nationalities are Mozambique, Lesotho, and Tanzania.¹ As of 31 March 2023, the most represented nationalities serving life sentences are Mozambique (139) and Zimbabwe (193).²

Foreign prisoners of the same nationality are generally kept together.³

Illegal residence can be punishable with imprisonment. The Immigration Act 13 of 2002 states that any person who enters, remains in or leaves the territory in contravention of the Act is guilty of an offence and liable to a fine or to imprisonment for a period not exceeding two years (Section 49).

Foreign prisoners have access to payphones and can call their home country.¹

Lawyers for Human Rights notes that visiting adjustments are largely at the discretion of officials. Visitors coming from afar may be granted up to an hour and a half instead of the standard 45 minutes.

Long-term prisoners are not subject to a specific prison regime. Rights and amenities are based on their security classification.

A life sentence can be imposed for the following offenses:

• premeditated murder

• murder committed alongside a robbery with aggravating circumstances

• rape of a person under the age of 16

• rape of a person who is physically or mentally disabled

• rape where the survivor was raped more than once (whether by the perpetrator or a co-perpetrator or accomplice (‘gang rape’)

• rape when the perpetrator knew they were HIV-positive

• human trafficking

• terrorism

• genocide and crimes against humanity

Life-sentenced prisoners are not subjected to a specific prison regime.

Eligibility for parole depends on the date of sentencing and the length of time served. Prisoners sentenced between March 1994 and June 1998 must have served 15 years of their sentence to be eligible. Those sentenced between July 1998 and September 2004 must have served 12 years and four months.

Parole eligibility for prisoners sentenced after September 2004 depends on the date on which the offense was committed. Prisoners having committed the offense before 1 October 2004 must have served 12 years and four months to 15 years. The current parole regime establishes that prisoners having committed offenses after 1 October 2004 must have served 25 years before becoming eligible.¹

The request must be submitted to the Correctional Supervision and Parole Board and to the National Council for Correctional Services. The latter must then submit a recommendation to the Minister of Justice and Correctional Services, who renders the decision (Section 136.3). If the Minister denies the request, the case must be re-examined within two years (Section 78).

The National Council submitted 1,009 recommendations to the Minister during 2021/22. The Minister granted parole to 186 prisoners sentenced to life and referred 495 cases back to the prison administration. A further 328 cases were not processed. As of 31 March 2022, 4,362 prisoners sentenced to life were eligible for parole. Many have already been eligible for years. The JICS frequently receives complaints regarding parole and the lack of feedback from the National Council. There is a substantial backlog of cases to be considered by the Minister. This problem has existed for several years.²

Pre-trial detention must not exceed two years, unless extended by the court. The head of the remand detention facility must report cases of untried prisoners biannually to the relevant Director of Public Prosecutions. Cases exceeding two years must be reported annually to the court (Correctional Services Act 111 of 1998, Section 49G).

Lawyers for Human Rights indicates that provisions for reviews are not upheld. Pre-trial detention frequently exceeds the maximum sentence for the alleged offence. The average wait time before trial was 176 days in 2021/22.¹ As of 31 March 2022, 27 people had been awaiting trial for more than seven years.²

The placement of children in prison prior to sentencing must be reconsidered every 14 days (Child Justice Act 75 of 2008, Section 77). The time spent awaiting trial in a correctional centre or a child and youth care centre must count towards the total sentence of incarceration imposed (Section 77.5).

All prisoners have the right to challenge the lawfulness of their detention in person before a court (Constitution (Section 35.2).

Untried prisoners are entitled to the same provisions as sentenced prisoners, alongside additional rights, such as more visits and phone calls. In practice, their access to activities, work and support programmes is more limited than for sentenced prisoners.

Prisoners belonging to specific minority or indigenous groups are not subject to a particular prison regime.

The prison administration must implement measures to create a gender sensitive environment for all prisoners (Correctional Services Act 111 of 1998, Section 16.4). A risk and needs assessment must be carried out within six hours of admission to determine whether a person is vulnerable to sexual violence or other forms of exploitation (Section 7.1.1). A security risk evaluation must be completed within 24 hours to determine proper placement as well as the necessary personnel and resources required to keep the prisoner safe and secure (Section 7.1.2). Prison governors must ensure that officials receive training based on the SOPs (Section 8.3.6).¹

Civil society organisations were seemingly not consulted in the drafting of the new SOPs. Just Detention International - South Africa (JDI-SA) considers that the document lacks substance, providing mainly a glossary of terms, without developing specific policy such as staff training and access to healthcare. Despite training requirements, officials often do not understand what LGBTQI+ means, nor the terms transgender, sexual orientation, gender identity, etc. JDI-SA does, however, provide training for officials on gender identity, sexual orientation, sex characteristics and prejudices against LGBTQI+ persons.

The are no special provisions for sentenced elderly persons.¹ Facilities do not have specific handrails or ramps. In some correctional centres, the elderly may be held in medical units or separated from the rest of the population.

Prisoners aged over 65 and having served 15 years may be placed on day parole or parole (Correctional Services Act 111 of 1998, Section 73.6).

The Correctional Services Act 111 of 1998 defines a disability as “a physical, mental, intellectual or sensory impairment which prevents a person having such an impairment from operating in an environment developed for persons without such an impairment”. The prison administration must provide, “within its available resources”, additional health care services, as well as additional psychological services if recommended by a medical practitioner (Section 49B). Medical assistive devices such as wheelchairs, artificial limbs, dentures or glasses, may be issued at State expense.¹

Lawyers for Human Rights reports that prisoners with disabilities often rely on informal assistance from officials or fellow prisoners.