In the past 15 years much research has been conducted on the prison system in South Africa focusing on governance, law reform and human rights. It is, however, of particular concern that the voices of prisoners and ex-prisoners had not been heard in the current discourse, one that has been dominated by the Department of Correctional Services (DCS), Parliament, service delivery organisations, academics and human rights activists. In essence, there has been a lot of talk about prisoners and ex-prisoners but there has been little listening to prisoners and ex-prisoners taking place.
The submission deals with the following: research and information; dealing with complaints; torture and ill treatment; deaths in custody, formulating clear recommendations, and performance indicators for centre-level monitoring.
This submission to the South African parliamentary Portfolio Committee on Justice and Correctional Services on the 2008/9 Department of Correctional Services Annual Report addresses the issues of safe custody, challenges faced by the pre-trial detention population, staff management and social reintegration.
This submission was made to South Africa's Parliamentary Portfolio Committee on Correctional Services, in response to DCS tabling its 2009/10 Annual Report. The submission discusses internal and external accountability, inmate labour, parole and social reintegration, human resources management, and services to offenders.
The submission deals with the following: the size of the budget; the size of the prison population; Meeting the minimum standards of humane detention; Performance and operations indicators; Engaging prisoners in programmes and employment; Development of sentence plans; Preparing for release and post-release support; and the handover report.
by Vanja Karth, Jean Redpath & Michael O'Donovan. Report prepared for the Open Society Foundation for South Africa (OSF-SA).
This article investigates the meaning and use of life imprisonment in South Africa in four major legal historical eras: life imprisonment at the time when the death penalty was still lawful in South Africa (including life imprisonment as early as 1906); life imprisonment in the immediate aftermath of the abolition of the death penalty (1994-1998); life imprisonment following the introduction of the minimum sentences legislation (1998-2007); and life imprisonment after December 2007, when the sentencing jurisdiction of the regional courts was extended to include life imprisonment.
Every month in South Africa approximately 6000 sentenced prisoners are released, some on parole and some on expiry of sentence. After serving their prison sentences it is society’s expectation that they will refrain from committing crime and be productive citizens. They are expected to find employment, rebuild relationships with their families and communities, and cease from engaging in certain activities and avoiding the risks that caused their imprisonment in the first instance. Unfortunately, it is the case that many released prisoners commit further offences and find their way back to prison, some in a remarkably short period of time while others return after several years. This study is concerned with the immediate post-release period and asked a very simple question: “What happens to people immediately after they have been released from prison?” The question is aimed at gaining a deeper and empirical understanding of what prisoner re-entry and reintegration into society mean and what the obstacles are to successful reintegration. When people’s lives have effectively been put on hold for several months or years, how do they pick up the strings where they had left them, if there are indeed strings to pick up?
In 1998 South Africa ratified the UN Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and in 2006 signed the Optional Protocol to CAT (OPCAT). By signing a convention a state expresses, in principle, its intention to become a party to the Convention or Protocol.
The incidence of HIV/AIDS infection in South African prisons has been extensively documented in recent years. This research has focused variously on the geographic and demographic spread of the disease and on the rights of inmates to prophylactics and to appropriate treatment and care. In contrast, little research has been directed towards the incidence and impact of the pandemic amongst correctional officials. From this research it is evident that whilst the Department of Correctional Services (DCS) has developed a fairly coherent (albeit unevenly implemented) programme for the prevention and treatment of HIV/AIDS amongst inmates, and notwithstanding the recent launch of a “Framework for the Implementation of a Comprehensive HIV and AIDS Programme” it has yet to develop and implement systematic measures to manage the disease amongst its own staff.
This submission discusses the South African Criminal Procedure Amendment Bill 42 of 2008, which aimed at allowing audio-visual link-up with the courts and at addressing the expungement of criminal records. The Criminal Procedure Amendment Act was adopted in 2008 (Act 65 of 2008).
The submission analyses statistics on deaths in custody and medical parole releases. An overview of legislative provisions is provided and recommendations are made in order to achieve greater consistency in decision-making.
"This publication aims to provide guidance on how the UN Convention against Torture and Cruel, Inhuman and Degrading Treatment or Punishment (CAT) can be used as a resource in South Africa to eradicate torture and ill-treatment...This prohibition of torture imposes on states obligations which are owed to all other members of the international community; each of these obligations has a correlative right. It signals to all states and to the people under their authority that 'the prohibition of torture is an absolute value from which nobody must deviate.' At the national level it de-legitimates any law, administrative or judicial act authorising torture."
This submission focuses on the prevention and combating of torture, cruel, inhuman or degrading treatment within the context of the Prevention of and Treatment for Substance Abuse Bill [B12- 2008]. The overall objective is to promote the use of two international instruments (UNCAT and OPCAT) and, more specifically, to assist in creating the enabling legislation to give effect to section 12 of the Constitution.
Ex-prisoners' Views on Imprisonment and Re-Entry
