The Portfolio Committee on Correctional Services has expressed concern over the low success rate of legislation aimed at reducing overcrowding in the country’s correctional facilities.

This follows a briefing from the Department of Correctional Services on the implementation of Section 49G of the Correctional Services Act 111 of 1998 and Section 62F of the Criminal Procedure Act 51 of 1977.

Both sections aim to ease pressure on the country’s overburdened correctional system.

Section 49G states that a remand detainee may not be held for more than two years without the matter being brought before the relevant court. The head of the remand detention centre must refer such a case to court at least three months before the two-year period lapses to give the court time to consider it. If the detainee remains in custody, further submissions must be made each year.

Section 62F allows for the placement of awaiting-trial detainees under the supervision of a correctional official as a bail condition.

During a briefing on Friday, the committee heard that the success rate under Section 49G for the 2022/23 financial year was just 1.25% of 12 283 court referrals nationally. The Eastern Cape and Western Cape recorded a 0% success rate.

In 2023/24, the Eastern Cape again reported 0%. In 2024/25, only one of 142 court referrals was successful, while two were successful in the current financial year.

“The committee also heard that approximately 40% of the total sentenced offender population are serving sentences above 15 years, including life sentences. Lifers will typically remain incarcerated for longer periods and are sentenced or convicted of serious crimes. This means that bed spaces will not become readily available, which places more pressure on already overcrowded correctional facilities,” said committee chairperson Kgomotso Anthea Ramolobeng. – SAnews.gov.za

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