There has over the years been a significant reduction in the number of remand detainees.
Periods |
Average number of RDs |
Average March 2012 |
47191 |
Average Sept 2012 |
45138 |
Average March 2013 |
46852 |
Average Sept 2013 |
43360 |
Average March 2014 |
43973 |
Average Sept 2014 |
40146 |
Average March 2015 |
42901 |
Average Sept 2015 |
40675 |
Average March 2016 |
44026 |
Average Sept 2016 |
41486 |
Reduction in numbers |
5705 |
Reduction in % |
12.09% |
The table above reflecting the trends from March 2012 to September 2016 revealed that the population of RDs reduced by 12.09% over a period of five years. This reduction should be equated to the team effort of various role players who contribute in the implementation of the strategies. These results could be much better if the factors that play a role in delaying cases could be effectively managed. A further study is required with focus on the remand detainees with co-accused whose cases take longer than three years. Another area that requires attention is the front end of the Criminal Justice System with focus on the RDs that spend up to three months in detention.
Children Remand Detainees:
With the introduction of the Child Justice Act (Act 75 of 2008), the number of RD children reduced from 504 in March 2010 to an annual average of 99 in 2015/16. The lowest average number of children was recorded in August 2016 (72). The overall reduction of children RDs from 2010 to August 2016 was 85.7%.
It is crucial to understand that the key drivers of the population of the remand detainees are beyond the control of the detention institutions. These drivers, according to international literature, are the use of pre-trial detention and the increasing trend in serious crimes. The increase in serious crimes is closely related to an increase in the use of pre-trial detention by courts without the option of bail.
The number of admissions and the length of stay are regarded as other drivers which are beyond the control of institutions responsible for the detention of RDs. Factors found to be linked to the increase in the length of stay of remand detainees are as follows,
In addition to the previously mentioned key drivers, there are other factors that are thought to play a role in the failure to reduce the number of RD’s. These factors include failure to pay bail by the remand detainees who have been given bail by courts. The percentage of such RD’s ranges between 15 and 19%.
Despite all the challenges mentioned above there are several strategies implemented to deal with overcrowding at the cluster level and the departmental level.
Additional interventions which specifically focus on the down management of remand detainees by the DCS are:
The cluster approach in the reduction management of remand detainees appears to be effective. The DCS alone could not be successful in reducing the population of the RDs. The Executive Head of the Department of Justice and Correctional Services in consultation with Director of NPA and the National Commissioner of Correctional Services has appointed a bail task team which has been assigned to determine factors that contribute to the RDs staying in detention while they have an option of paying bail. The task team falling under the Criminal Justice System Reform is finalizing the report on audit conducted in Pollsmoor and the Mthatha centres remand detention facilities. It is hoped that the report will assist in providing guidance on coming up with alternative approaches for managing RDs with bail.