Overcrowding of short-term offenders and remand detainees in South Africa : evidence from Pietermaritzburg, KwaZulu-Natal

Abstract

This study aimed to highlight the effects of prison overcrowding in Pietermaritzburg Management Area in KwaZulu Natal by acquiring knowledge about and seeking alternatives to imprisonment for the two categories of offenders in this study. The study endeavoured to address, implement and redress in relation to the overcrowding experienced in correctional centres. It presented a complete evaluation of research on the causes and consequences of overcrowding, drew conclusions, and proposed solutions. It is unfortunate that the correctional system is unable to keep up with the influx of new offenders, leading to a number of other challenges within the system. Overall, the study argues the need to put into effect innovative options to address the circumstances which lead to overcrowding, such as providing access to redirection programmes and public protection, whilst promoting restorative justice. Prison overcrowding is a significant problem in South Africa, which has amongst the highest numbers of incarceration in the world. This is not a new problem in South Africa as it has been recurring for several decades. In this study, overcrowding refers to a situation when the total number of offenders in a correctional centre exceeds the capability to conveniently accommodate prisoners, whilst ensuring their security at the same time. number of people being sent to correctional centres has drastically increased, leading to prison overcrowding. The comments and the outcry from the populace indicate that government is not doing enough to curb the underlying increase in the crime rate, which will lessen overcrowding. Alternatives to imprisonment are necessary, and the Justice Department needs to refer to the sentencing guidelines in South Africa when a term of imprisonment is the only option in order for sentencing to be fair and not biased in any way. According to Statistics South Africa, the numbers are increasing with a yearly growth rate of an increase in the prison population and the lack of adequate facilities to house offenders, both remand detainees and sentenced offenders, is a major contributing factor. This in turn affects the safety, human rights and health of offenders, officials, the community at large, as well as the effectiveness of the justice system in fulfilling its purpose of rehabilitation. The phenomenon becomes a burden on the taxpayers as there are insufficient finances to provide for offenders' needs whilst incarcerated. Another major problem causing overcrowding in prisons in South Africa is the high crime rate, especially of violent crimes. Due to this high crime rate, the The research study also highlighted the importance of the reduction of offenders and remand detainees in prison by offering alternatives such as making use of the free bail for remand detainees and offering alternatives to imprisonment for the category of short-term offenders who are incarcerated for economic crimes, which are considered to be less violent or serious. Furthermore, the study examined the causes and solutions to overcrowding, which include the impact thereof on offenders, officials and the community at large. Addressing overcrowding is critical as it will ensure that offenders' human rights are upheld, which is necessary to prepare them for release back into society. Over the past years, various approaches have been taken into consideration to deal with overcrowding. Many amnesties have been granted by various successive Presidents of the country, but to no avail. Overcrowding remains an issue which is a threat to the Justice system of South Africa. The situation needs the Government of the day to join forces with the two Departments, namely the Department of Justice and the Department of Correctional Services, along with the involvement of communities. This research study collected data through a qualitative method using interview schedules. Officials directly affected by the overcrowding from both the Department of Correctional Services and the Department of Justice in the Pietermaritzburg area, formed part of the focus group of individuals who offered insight and possible solutions to the overcrowding currently being experienced.