Unsentenced detainees spending years in prison – protectionweb.co.za

Report on Legislative Amendments to Address Pre-Trial Detention and Advance Sustainable Development Goals in South Africa

Executive Summary: Aligning Justice with Global Goals

Proposed amendments to South Africa’s Criminal Procedure Act (CPA) are set to address a critical challenge to the nation’s justice system: the excessive number of unsentenced remand detainees. This situation directly contravenes the principles of Sustainable Development Goal 16 (Peace, Justice and Strong Institutions) by undermining the rule of law and equal access to justice. The reforms aim to mitigate prison overcrowding and ensure that poverty is not a barrier to pre-trial release, thereby advancing SDG 10 (Reduced Inequalities) and SDG 1 (No Poverty).

Current State of Remand Detention: A Challenge to SDG 16

Briefings to Parliament’s portfolio committee for correctional services by the Department of Justice and Constitutional Development (DOJ) revealed statistics that highlight a justice system under strain. The high number of detainees awaiting trial represents a significant failure in providing access to justice for all, a core target of SDG 16.

• Total Remand Detainees: Approximately 60,000 individuals are in remand detention nationwide, an increase from nearly 49,000 in 2021.
• Long-Term Detention: Approximately 5,000 people have been awaiting trial for over two years.
• Extreme Cases of Delayed Justice:
  • 430 detainees have been imprisoned for five to seven years without sentencing.
  • 57 detainees have been imprisoned for seven to ten years.
  • 5 detainees have been imprisoned for ten to fifteen years.

These figures underscore a systemic crisis that compromises the health and well-being of thousands (SDG 3) and erodes public trust in judicial institutions.

Systemic Factors Contributing to Judicial Delays

The DOJ identified several procedural factors that contribute to the backlog of cases, which in turn prolongs pre-trial detention. These inefficiencies point to a need for stronger and more accountable institutions as called for in SDG 16.

1. Changes in legal representation by the accused.
2. Requests for case-related documentation.
3. Complexities arising from cases with multiple co-accused.
4. Delays in securing court dates.
5. Loss of official court records.
6. Failure of witnesses to appear in court.

Proposed Legislative Reforms for Equitable Justice

The South African Law Reform Commission (SALRC) has proposed amendments to the CPA designed to create a more equitable bail system. These reforms are directly aligned with SDG 10 by seeking to reduce inequalities in access to justice.

• Release Based on Indigence: The amendments would introduce provisions for release on bail specifically for those who cannot afford it, directly addressing economic disparity.
• Non-Monetary Release for Minor Offences: An accused person facing fine-only offences could be released without having to pay money.
• Alternative Security for Bail: To assist individuals in informal settlements without formal residential addresses, alternative forms of security for bail would be permitted.
• Judicial Review of Remand Conditions: Courts would be empowered to formally review the circumstances of a remand detainee to determine if their continued detention is reasonable.

Strengthening South Africa’s Commitment to the Sustainable Development Goals

The proposed CPA amendments represent a significant policy initiative to address multiple SDGs simultaneously.

• SDG 16 (Peace, Justice and Strong Institutions): The core objective is to enhance access to justice (Target 16.3) and build more effective and accountable institutions (Target 16.6) by reducing the number of unsentenced detainees.
• SDG 10 (Reduced Inequalities): By creating mechanisms to assist the indigent, the reforms aim to ensure that economic status does not determine one’s access to liberty and justice (Target 10.3).
• SDG 1 (No Poverty): Preventing prolonged incarceration for those unable to pay minor bail amounts helps to break the cycle of poverty that is often exacerbated by contact with the criminal justice system.
• SDG 3 (Good Health and Well-being): Alleviating prison overcrowding is a critical step toward improving health outcomes and reducing the spread of disease within correctional facilities.

Conclusion and Projected Timeline

Parliamentary members expressed significant concern over the current state of remand detention, viewing it as a failure of the justice system that requires urgent and effective implementation of new policies. While acknowledging the independence of the judiciary, the Minister of Justice confirmed that legislative reform is the primary tool available to the executive to influence change. The CPA amendments are scheduled for completion before the end of the financial year in March 2026. The successful promulgation and implementation of these reforms will be a crucial measure of South Africa’s progress toward achieving a just, equitable, and sustainable society in line with its global commitments.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article on remand detainees in South Africa’s prisons touches upon several interconnected Sustainable Development Goals (SDGs). The primary goals addressed are:

• SDG 16: Peace, Justice and Strong Institutions: This is the most central SDG, as the article’s core theme is the malfunctioning of the justice system, the rights of detainees, and efforts to reform legal procedures to ensure justice is fair and accessible.
• SDG 10: Reduced Inequalities: The article explicitly links prolonged detention to poverty, noting that many detainees remain in prison because they “cannot afford to pay bail,” highlighting a systemic inequality where justice outcomes are determined by economic status.
• SDG 1: No Poverty: The issue of indigence being a barrier to freedom (via unaffordable bail) directly relates to the vulnerabilities faced by people living in poverty and the need for social protection systems within the justice framework.
• SDG 3: Good Health and Well-being: The mention of “overcrowded prisons” and the “horror in our prisons” implies severe negative impacts on the physical and mental health of detainees, connecting the issue to the goal of ensuring healthy lives and well-being.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the issues discussed, the following specific SDG targets are relevant:

1. SDG 16: Peace, Justice and Strong Institutions

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article directly addresses this target by highlighting the failure to provide swift justice, with thousands of people “awaiting trial spend more than two years in overcrowded prisons.” The proposed amendments to the Criminal Procedure Act (CPA) aim to improve access to justice for those who cannot afford bail.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels. The article critiques the justice system’s effectiveness, citing an MP who calls the increase in remand detainees a “deeper failure in the justice system.” The discussion around the judiciary’s accountability for case backlogs and sentencing also points to the need for more accountable institutions.

2. SDG 10: Reduced Inequalities

   • Target 10.2: By 2030, empower and promote the social, economic and political inclusion of all, irrespective of… economic or other status. The article shows how the justice system disproportionately affects those with a lower economic status. The fact that people are detained for being unable to pay bail amounts “under R1,000” is a clear example of economic status leading to exclusion from the right to liberty.
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome… by eliminating discriminatory… policies and practices. The current bail system creates an inequality of outcome where the wealthy can secure release while the poor remain incarcerated. The proposed CPA amendments, such as the “release on bail on the basis of indigence,” are a direct attempt to reform policy to reduce this inequality.

3. SDG 1: No Poverty

   • Target 1.3: Implement nationally appropriate social protection systems and measures for all… and achieve substantial coverage of the poor and the vulnerable. The “Bail Fund,” a pilot project to help detainees who cannot afford bail, and the proposed legal amendments for indigent individuals can be seen as social protection measures designed to shield the poor and vulnerable from the most severe consequences of interacting with the justice system.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article provides both direct and implied indicators that can be used to measure progress:

1. Indicators for SDG 16 (Peace, Justice and Strong Institutions)

   • Indicator 16.3.2: Unsentenced detainees as a proportion of overall prison population. The article provides explicit data for this indicator. It states there are “about 60,000 people in remand detention,” an increase from “nearly 49,000 in 2021.” Progress would be measured by a decrease in this number.
   • Length of pre-trial detention. The article provides specific data points that can be used as a baseline indicator: “about 5,000 have been awaiting trial for over two years,” with smaller numbers detained for “five to seven years,” “seven to ten years,” and even “ten to 15 years.” A reduction in these figures would signify progress.

2. Indicators for SDG 10 (Reduced Inequalities)

   • Number of individuals released on bail based on indigence. While not a formal SDG indicator, this is a practical measure implied by the proposed solutions. Tracking the number of people assisted by the Bail Fund or released under new CPA amendments for indigence would measure the success of policies aimed at reducing economic inequality in the justice system.

3. Implied Indicators

   • Prison overcrowding rate. The article repeatedly mentions “overcrowded prisons” as a consequence of the high number of remand detainees. A reduction in the remand population would directly lead to a reduction in the prison overcrowding rate, which is an indicator of a more effective justice system and better conditions (relevant to SDG 3 and SDG 16).

4. Summary Table of SDGs, Targets, and Indicators

Source: protectionweb.co.za