SA needs a ‘bail fund’ to help reduce overcrowding in prisons

Currently the occupancy rate in South African prisons stands at 128%.

John Maytham speaks to DA MP Glynnis Breytenbach about concerns that Justice Minister Ronald Lamola will again green light the early remission of prisoners to reduce massive overcrowding.

In August, President Cyril Ramaphosa signed a special remission order that allowed close to 10 000 ‘non-violent’ offenders to be released early from prison.

The move formed part of government’s early remission programme, designed to tackle the issue of overcrowding in South African prisons. Currently the occupancy rate stands at 128%.

This week Minister Ronald Lamola presented his annual report to the Portfolio Committee on Justice and Correctional Services.

He said that the remission policy had helped reduce the occupancy rate in prisons from 143% to its current figure.

But DA MP Glynis Breytenbach says the policy is fraught with problems:

What we’re talking about here, is a remission programme which allows convicted criminals to be let out of prison before the sentence, that a competent court has deemed appropriate, has been served.

Glynnis Breytenbach, Member of Parliament – Democratic Alliance

Breytenbach says that the issue of overcrowding in South African prisons is largely fuelled by those on remand.

There are currently close to 50 000 on remand prisoners in correctional facilities across the country.

These are people who have been granted bail by a competent court but are
unable to pay it. So they’re not regarded as a flight risk, they’re not
regarded as a risk to society. They are innocent until proven guilty.

Glynnis Breytenbach, Member of Parliament – Democratic Alliance

The answer, says Breytenbach, lies in part with creating a bail fund:

A bail fund is a publically funded collection of money that is used specifically to fund bail and once you’ve stood your trial come back with your bail receipt and the money goes back into the bail fund.

Glynnis Breytenbach, Member of Parliament – Democratic Alliance