The Portfolio Committee on Correctional Services expressed concern over the low success rate achieved in the use of current legislation in an attempt to reduce overcrowding in correctional facilities in the country.
On Friday, the committee received a briefing from the Department of Correctional Services (DCS) on the use of Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedures Act (CPA) applications. Both sections are about strategies to reduce overcrowding in correctional facilities.
Committee Chairperson, Ms Kgomotso Anthea Ramolobeng, encouraged DCS and the Department of Justice and Constitutional Development (DOJ&CD) to continue working together to strive for better ways to implement these pieces of legislation effectively to increase the success rate of matters referred.
Section 49G of the CSA refers to the maximum period of incarceration and states that the period of incarceration of a remand detainee must not exceed two years from the initial date of admission into remand without such matter having been brought to the attention of the court. No remand detainee can be brought before a court under this section if they appeared before a court three months before the expiry of the two years and the court considered the continued detention of the detainee during that appearance.
In terms of Section 62F of the Criminal Procedure Act, a court may, at any stage before a trial begins, add further bail conditions if requested by the Prosecutor. This applies even if a different court granted bail. The law also allows for the accused to be placed under the supervision of a probation officer or a Correctional Services official as part of these conditions.
The committee heard that the DCS drives both strategies, which may result in a reduction of inmates.
The committee heard that the success rate under Section 49G of the CSA for the 2022/23 financial year is 1.25% of 12,283 court referrals nationally, with the Eastern Cape and Western Cape both indicating a 0% success rate. In the 2023/24 financial year, the Eastern Cape once again showed a 0% success rate. In the 2024/25 financial year, the province had 142 court referrals, with only one being successful. In the current financial year, it has had two successful court referrals.
A member of the committee, Mr Musawenkosi Gasa, raised concerns about the low success rate of the Eastern Cape and Gauteng. He indicated that measures should be introduced to ensure a better success rate. He also called for greater collaboration between DCS and the justice department.
The committee also heard that approximately 40% of the total sentenced offender population is serving sentences above 15 years, inclusive of those serving life sentences. Lifers will typically remain incarcerated for extended periods and are sentenced/ convicted of serious crimes. This means that bed spaces will not become readily available, which places more pressure on already overcrowded correctional facilities.
Ms Ramolobeng said the DCS needs to capacitate and improve the functioning of community corrections so that the courts can have confidence in the system and place more remand detainees under correctional supervision. “In terms of the outcomes of Section 49G application, especially relating to the Eastern Cape, it’s a very serious concern. The committee will raise this with the Minister of Justice and Constitutional Development, who deals with referrals,” said Ms Ramolobeng.
The Chairperson stated that the committee will continue to monitor the implementation of both sections, which can address overcrowding in facilities if implemented efficiently and effectively.
Rajaa Azzakani
28 July 2025
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