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
Daily life
Activities
All prisoners are entitled to spend at least one hour a day in the open air
All prisoners are entitled to at least one hour of outdoor exercise per day (Correctional Services Act 111 of 1998, Section 11). This provision is not always upheld in remand centres due to staff shortages and overpopulation. In some correctional centres, prisoners may spend as much as seven hours outside of their cells.
The prison service offers activities to prisoners
yes
Recreational activities must be provided in all correctional centres (Regulations to the Correctional Services Act, Regulation 11).
Access to activities depends on security classification. Untried prisoners are not entitled to rehabilitation or development services such as social work, educational or psychological services.1 Access to other activities in remand centres centres is also severely limited.2 The Department of Correctional Services (DCS) offers 13 reintegration programmes and a “long list” of skill development programmes. Prisoners’ access to these programmes is determined by their correctional sentence plans.
The DCS and the Judicial Inspectorate for Correctional Services report a lack of rehabilitation programmes. The prison administration attributes this to the shortage of staff. Correctional officials sometimes manage programmes, despite not having received proper training.3
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, pp. 21, 35. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 28. ↩
Department of Correctional Services, Operations Management Framework Phase II, Operations Design Report, February 2021, pp. 24-27. ↩
There are designated places for physical activities and sports
Most prisons have a designated space for physical activities.1 The prison administration has partnered with several sports organisations to provide physical activities in detention.2 A medical practitioner or registered nurse must issue a medical certificate stating whether or not the person is fit for exercise (Regulations to the Correctional Services Act, Regulation 6.2).
In 2020, the South African Human Rights Commission (SAHRC) reported a systemic failure to provide adequate standards of exercise.3 Designated spaces are often not properly equipped.4 The JICS found that one facility in northern KwaZulu-Natal (KZN) provided little to no exercise at all.
At Mangaung PPP, prisoners are able to exercise when they are not busy with other scheduled obligations. They receive donated equipment to play football and compete in tournaments.5
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, pp. 12-13. ↩
Department of Correctional Services, Rehabilitation of Offenders and its Partnerships with Sector Stakeholders and Service Providers - Presentation to Portfolio Committee, 1 February 2017, slides 43-47. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 24. ↩
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, pp. 12-13. ↩
Judicial Inspectorate for Correctional Services, “Pressure Cooker”, 20 September 2020, p. 10. ↩
There are designated places for cultural activities
-
The prison administration and the Department of Arts and Culture (DAC) cooperate to provide art programmes in prison.1
Sentenced prisoners classified in A and B groups, in minimum and medium security prisons, can play musical instruments and/or join a choir group.2
Department of Correctional Services, Rehabilitation of Offenders and its Partnerships with Sector Stakeholders and Service Providers - Presentation to Portfolio Committee, 1 February 2017, slide 40. ↩
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, pp. 112, 116. ↩
Prison facilities have a library
-
Every correctional centre must have a library. They must contain literature of “constructive and educational value” (Regulations to the Correctional Services Act, Regulation 13).
Various permutations exist: dedicated space, book trolley, book locker, etc. All prisoners are authorised to have two library books in their possession. Reading material can come in the form of publications, videos, audio material, film or computer programmes.1 The Correctional Services Act 111 of 1998 specifies that prisoners can have access to reading material of their choice, “unless such material constitutes a security risk or is not conducive to their rehabilitation” (Section 18). They can also receive it from the outside (Regulation 13).
In practice, the SAHRC reports a systemic failure to provide adequate standards of reading facilities,2 notably in remand centres, many of which do not have libraries or book collections.3 Ebongweni Super-Maximum offers an on-site library, but prisoners are only allowed to read in their cells. They have to write a letter of request to have access to the books.4
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 23. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 24. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 28. ↩
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. 31. ↩
Work
Work is compulsory
-
The Correctional Services Act 111 of 1998 states that sentenced prisoners must “perform any Iabour which is related to any development programme or which generally is designed to foster habits of industry”, unless a medical practitioner or psychologist certifies that they are unfit to do so (Section 37.1).
Former prisoners interviewed by Prison Insider explained that they were sometimes compelled to work under the threat of losing rights or amenities.
Number and percentage of prisoners who work
-
In 2021/22, 35,110 prisoners were employed by the prison administration in agricultural labour and workshops.1
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, p. 5. ↩
All prisoners are allowed to work
Children may only do work “for the purposes of training aimed at obtaining skills for their development” (Correctional Services Act 111 of 1998, Section 40.3b). The B-Orders specify that prisoners over the age of 50 and those who are ill should not perform work outside of the facility.1
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, pp. 37, 51. ↩
Labour as a punitive measure is prohibited
The Correctional Services Act 111 of 1998 states that prisoners “may never be instructed or compelled to work as a form of punishment or disciplinary measure” (Section 40.5).
The prison administration operates farms, gardens, bakeries, a shoe factory, as well as arts and crafts (painting, drawing, beading, sewing, etc.), textile, woodwork, and steel workshops. Prisoners work in these trades, producing goods for internal use and for sale to the outside world. Certain jobs require accredited training, which may in turn require Adult Education and Training (AET) Level 4 or Grade 9 education level.1 The B-Orders state that prisoners may not perform the following types of labour (chapter 18, paragraph 4.1):
-
labour subject to wage determination
-
construction-related activities for private entities
-
mining or digging
-
labour in residential areas where there is a high safety risk
-
nursing duties in correctional centre hospitals
-
handling and/or issuing medication
-
carrying heavy objects on their heads
-
handling or having access to ammunition, firearms and/or explosives
-
clerical work other than in correctional centre libraries or for recreational activities
-
sanitary services other than in correctional centres
-
food preparation or serving at public events
-
interpretation in investigations and trials
-
handling contaminated medical materials or dangerous substances for private entities
-
domestic services
-
work alone in the section stores and/or warehouses
-
change shooting range targets2
Prisoners can submit a request for a job. They are placed on a waiting list. Wait times can be very long, lasting up to six years for those with poor connections.3
Lawyers for Human Rights notes that demand for labour far outweighs supply and is significantly less accessible in remand centres. Allocation depends on behaviour and relationships with officials.
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, p. 30, 55-56. ↩
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 51. ↩
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 12. ↩
Sentenced prisoners may indicate their job preference (Correctional Services Act 111 of 1998, Section 40.3). The allocated job may not be in conflict with the prisoner’s religion or culture (Regulations to the Correctional Services Act, Regulation 23.7).
The Correctional Services Act 111 of 1998 states that work performed by an prisoner does not constitute employment (Section 40.6). The prison population is excluded from the Labour Relations Act and the Basic Conditions of Employment Act, which establish and regulate fair labour practices, protect the rights of workers, and promote social justice in the workplace.1
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 51. ↩
Maximum daily/weekly working hours are set, including at least one day of rest
Sentenced prisoners may not work more than 8 hours a day, unless otherwise authorised by the National Commissioner (Regulations to the Correctional Services Act, Regulation 23.4). They may be required to work on Sundays or religious holidays (Regulation 23.6).
Prisoners are paid for their work
yes
Prisoners do not receive salaries or wages but rather ‘gratuities’. The amount is minimal1 and adjusted annually.2 It is determined by the National Commissioner with the approval of the Minister of Finance (Correctional Services Act 111 of 1998, Section 40.4).
In some prisons, a list of job opportunities is provided with the corresponding gratuity. In the event of injury, compensation may be paid at the discretion of the National Commissioner.
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 12. ↩
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 53. ↩
Salaries are
significantly below the national minimum wage
Former prisoners interviewed by Prison Insider recall that the gratuity in some Western Cape facilities was R 0.18 to 0.20 an hour in 2021.
The national minimum wage is R 25.42 (EUR 1.24).
Health and safety standards applicable outside are respected in prison
-
Prisoners must be provided with necessary workplace protective clothing and footwear, as well as other items to ensure their health and safety (The Regulations to the Correctional Services Act, Regulation 23.1).
For more information on how prisoners receive their income, see section “Financial resources”.
Education and vocational training
Authority(ies) in charge of education and vocational training
Department of Correctional Services
The Department of Correctional Services partners with the following entities:
-
Directorate Formal Education for untried prisoners
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Department of Education for children under the age of 15
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national and regional departments of education for Further Education and Training (FET)
Prisoners enrolled in educational training
-
As of March 2022, 8,067 prisoners were participating in General Education and Training (GET) and 1,103 were participating in Further Education and Training (FET).1
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, p. 59-60. ↩
Education is provided
in most facilities
Education is free up to and including grade 12 (including N1-N3 business studies).
Sentenced prisoners can pursue the following educational programmes:
-
Pre-Adult Basic Education and Training (Pre-ABET): to learn how to read and write
-
Adult Basic Education and Training (ABET) levels 1 – 41
-
Further Education and Training (FET): education up to and including grade 12 (including N1-N3 business studies)
-
Higher Education and Training (HET): distance learning and for the purpose of obtaining a diploma, occupational certificate, degree, or professional qualification
-
Computer Based Learning: computer literacy and other online courses
Education must be provided by a qualified educator and the programme must be in accordance with the national education system. Sentenced prisoners who have not obtained ninth grade or adult education and training level 4 must pursue such studies until the age of 25 (Regulations to the Correctional Services Act, Regulation 10.2). Children and illiterate sentenced prisoners are required to take part in educational programmes (Correctional Services Act 111 of 1998, Section 41.2).
The South African Human Rights Commission (SAHRC) reports that there is a systemic failure to provide adequate standards of educational facilities,2 notably in remand centres.3 Access to higher education is also difficultly accessible in correctional centres.
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2020-2021, p. 24. ↩
South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 28. ↩
Education is available for all prisoners
The Correctional Services Act 111 of 1998 states that sentenced prisoners have the right to participate in educational programmes (Section 41.5). Remand prisoners are not entitled to education, unless under the age of 15 and/or not having attained Grade 9.1 Prisoners do not always attend school regularly as their attendance depends on the availability of escorting officials. Females, males, and minors are sometimes mixed during these programmes.
The prison administration specifically reports poor school structure in the following prisons: Sada, Pietermaritzburg (PMB), Johannesburg Prison (JHB), Mthatha, Kokstad and Groenpunt.2
Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 35. ↩
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, pp. 4, 58. ↩
The prison service implements measures to fight illiteracy
Illiterate sentenced prisoners are required to take part in educational programmes (Correctional Services Act 111 of 1998, Section 41.2). The prison administration provides Adult Basic Education and Training intended to teach sentenced prisoners how to read and write.
Prisoners are allowed to pass diplomas and entry examinations
The prison administration states that sentenced prisoners may obtain free Further Education and Training (FET) qualifications or paid Higher Education and Training (HET) diplomas, certificates, qualifications, or degrees at their own expense.
A total of 192 prisoners participated in grade 12 examinations in 2021.1
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, p. 59. ↩
Number and percentage of prisoners enrolled in vocational training
-
A total of 632 female prisoners participated in skills development programmes during 2021/22.1
Department of Correctional Services, Annual Report 2021/22, p. 86. ↩
Vocational training is provided
yes
The prison administration states that sentenced prisoners can pursue Higher Education and Training (HET) which includes distance learning for the purpose of obtaining an occupational certificate or professional qualification. The prison administration recognises that training facilities for skills development do not meet industry standards and need to be upgraded. Accredited vocational training programmes include woodwork, welding, clothing and textile, agriculture, and food.1
In practice, workshops are usually either full or poorly equipped.2 The Judicial Inspectorate for Correctional Services (JICS) notes that some facilities are underutilised due to budgetary discrepancies. In one case, the prison administration organised welding training, but had not budgeted for welding rods.
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, p. 62. ↩
Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 13. ↩
Vocational training is available for all prisoners
Sentenced prisoners, including children, have the right to participate in training programmes (Correctional Services Act 111 of 1998, Sections 41.5 & 40.3.b). This can also be compulsory if judged necessary by the National Commissioner (Section 41.6). Prisoners must have an Adult Education and Training (AET) Level 4 or Grade 9 education to qualify for accredited training.1
Department of Correctional Services, Annual Report on the Implementation of the Strategic Framework on Self-sufficiency and Sustainability, pp. 56, 58. ↩
Distance courses are available
The prison administration states that sentenced prisoners may pursue Further Education and Training (FET), Higher Education and Training (HET), and Computer Based Learning through distance courses and at their own expense. The University of South Africa, among other institutions and organisations, provides distance courses for prisoners.
Prisoners have access to computers
in some facilities
Access to a computer is not always guaranteed as stations are limited and time allocated is insufficient. This notably affects prisoners pursuing distance learning tertiary education.1
Prisoners registered as students are authorised to possess a personal computer. However, this provision is not upheld in practice and has been challenged in the courts, including in Hennie and Others v Minister (2015), Pretorius and Others v Minister (2018) and Ntuli v Minister of Justice and Constitutional Development (2023), which ruled in favour of prisoners’ right to use personal computers.1
Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 52. ↩ ↩
-
The prison service wants to appeal the Supreme Court’s November 2023 decision allowing every student enrolled in a higher education institution in South Africa to use a computer without a modem in their cell. The Constitutional Court suspended the use of personal computers in cells while the appeal is pending.
Access to information
Prisoners have access to a television
yes
The decision to provide access to televisions is taken by the prison governor and depends on the budget allocated to activities. Televisions are generally located in cells for state-run prisons, and in communal areas for privately-run prisons. In state-run prisons, different organisational schemes are put in place: a common cell may have access to television on a given day of the week, and another cell on another day, in alternation. Untried prisoners may possess a private portable television set with five ‘television games’ and ‘five battery operated hand-type games’.
Prisoners have access to a radio
Prisoners under group A security classification are authorised to possess a portable radio. Those under groups B or C security classification may be authorised if they are registered students.
Prisoners have access to the press
Untried prisoners may have access to reading material. Sentenced prisoners under group A security classification, except those in super max facilities, are authorised to possess a newspaper and three periodicals. Prisoners can choose from a range of newspapers or magazines to subscribe to.
The prison service allows access to Internet
in some cases
The B-Orders state that prisoners may not be in possession of electronic devices that connect to the internet (Paragraph 1.35.1). Exceptions apply for educational purposes.
The prison governor has the right to prohibit the entry or circulation of any publication, video or audio material, film or computer program that they believe could jeopardise safety or security (Regulations to the Correctional Services Act, Regulation 13.4).
Religion
The majority of the prison population is Christian, which is representative of religious demographics in free society.
Prisoners are free to practice their religion and follow their beliefs
yes
The Constitution (Section 14) and Correctional Services Act 111 of 1998 (Section 15) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion. Prisoners may possess religious literature, and attend religious services and meetings held in the correctional centre (Section 14). Sentenced prisoners under Group A security classification and remand prisoners are authorised to possess religious jewellery.
Female prisoners at Johannesburg Correctional Centre report that they are required to participate in Bible study, regardless of their religion.
Dedicated places of worship are available
in all facilities
Places of worship of all religious denominations must be provided, “where practicable”, in every correctional centre (Correctional Services Act 111 of 1998, Section 14.3). In practice, there is generally a single place of worship shared by the different denominations and a schedule that accounts for their respective prayer times.
There are chaplains in the prisons
yes
Prisoners can receive visits from chosen religious counsellors (Correctional Services Act 111 of 1998, Section 13.2), otherwise known as spiritual care workers. Such personnel must follow a one-year course on correctional ministry.1 Faith-based organisations (FBOs) regularly visit prisoners, on a weekly or biweekly basis, to provide religious services.
Department of Correctional Services, Rehabilitation of Offenders and its Partnerships with Sector Stakeholders and Service Providers - Presentation to Portfolio Committee, 1 February 2017, slide 49. ↩
The prison service remunerates the chaplains
-
Spiritual care workers are partially employed by the Department of Correctional Services.
External actors
Individuals or organisations from the outside are allowed to participate in prison activities
The main organisations authorised to enter prison provide legal, faith-based or health services, or offer physical or cultural activities.
Remuneration of external actors depends on the agreement established with the facility and the Department of Correctional Services.
Financial resources
Prisoners are allowed to make use of financial resources
The B-Orders detail how prisoners can manage their financial resources while in prison (Paragraphs 1.17-1.25). The prison administration further sets out procedures on how family and friends can deposit money for prisoners.1 Prisoners can spend their money in the prison commissary and buy food, drinks, hygiene products, etc.
Department of Correctional Services, Service Delivery Charter, pp. 8-9. ↩
Financial resources are accessible
in an account
Prisoners are prohibited from being in possession of cash (B-Orders, chapter 1, paragraph 25.2).
Destitute prisoners receive financial or in-kind support
Independent Correctional Centre Visitors (ICCVs) reported three cases of corruption during the 2021/22, including prisoners being forced to pay for services that they are entitled to. An investigation conducted at Durban Medium B revealed that certain staff members, including high-ranking officials, were involved in selling drugs, cigarettes and cell phones to prisoners. They were found to be working with 26 gang members, referred to as ‘runners’, who provided them with knives and illicit stock. Officials competed to sell as much as possible.
Expression of prisoners
Prisoners are allowed to discuss matters relating to their conditions of imprisonment
yes
Prisoner committees exist in some facilities. They meet with the prison governor or their representative on a regular basis to raise issues or concerns. Some of these committees operate under a democratically elected prisoner spokesperson.
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
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.