Parliament, Wednesday, 1 April 2026 – The Portfolio Committee on Correctional Services yesterday received a briefing from the Department of Health on the growing number of declared state patients, raising serious concerns and calling for urgent, coordinated action across government departments.
Chairperson Ms Kgomotso Anthea Ramolobeng said the committee noted the department’s outline of the legislative framework governing declared state patients, including processes relating to admission, treatment, review and reintegration. The presentation also highlighted persistent challenges, such as capacity constraints at designated mental health facilities, delays in periodic reviews and coordination gaps between the criminal justice system and health services.
The Chairperson emphasised that declared state patients represent a uniquely vulnerable group whose rights must be safeguarded while ensuring public safety. “The committee is encouraged by the department’s commitment to strengthening systems but remains concerned about the pace at which some of these longstanding challenges are being addressed,” she said.
Members of the committee raised concerns about overcrowding in mental health institutions, the adequacy of rehabilitation programmes, and the need for improved interdepartmental collaboration, particularly between the departments of Health, Justice and Constitutional Development, and Correctional Services.
“We have seen the number of declared state patients increase steadily over the last few years,” Ms Ramolobeng said. The committee was further informed that this trend is exacerbated by courts increasingly declaring individuals convicted of relatively minor offences as state patients.
The committee heard that South Africa currently has 14 designated health facilities with the capacity to admit state patients, none of which are located in Mpumalanga. Additionally, the country has approximately 942 psychiatrists, about 75% of whom are employed in the private sector, while the majority of patients rely on public healthcare services.
The equitable distribution of resources between the private and public sectors, in line with the principles of universal health coverage, remains central to addressing these challenges. In the interim, the department is implementing various interventions through its Human Resources for Health Strategy to address shortages of psychiatrists and other members of the multidisciplinary team.
In its recommendations, the committee called for quarterly progress reports on efforts to transfer declared state patients from correctional centres to appropriate health facilities where they can receive the necessary care and support.
“We want to understand what is being done to mitigate the current crisis and to facilitate the transition of state patients to mental health facilities. We expect to see clear plans, measurable outcomes and tangible progress. If no action is taken, the numbers will continue to rise, as we have already seen,” Ms Ramolobeng said.
The committee noted with concern that the number of declared state patients held in correctional facilities while awaiting placement in health institutions has increased to 309 as of 28 February 2026, up significantly from 186 in the 2019/20 financial year.
Ms Ramolobeng said the committee is of the view that the current situation presents a potential human-rights risk. Detaining individuals declared mentally unfit in correctional environments – often for periods exceeding their sentences – undermines the spirit of the Constitutional Court’s De Vos judgment and the Mental Health Care Act.
The committee will continue to exercise oversight in this area and may pursue further engagements with relevant departments to ensure that identified gaps are addressed effectively.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES, MS KGOMOTSO ANTHEA RAMOLOBENG.
For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Rajaa Azzakani (Ms)
Cell: 081 703 9542
E-mail: razzakani@parliament.gov.za
Arrange a tour