To ease overcrowding in South African prisons, taxpayer money will fund bail for detainees who cannot afford the cost themselves. The limit has been set at R1 000, and the aim is to relieve rampantly overcrowded prisons, reports The Citizen. The Judicial Inspectorate for the Department of Correctional Services is tasked with overseeing prison conditions in South Africa. And it says more than 2 613 detainees are unable to pay the minimum bail amount of R1 000. And even more detainees struggle to afford slightly higher bail amounts. Hence the initiative that taxpayer money will fund bail for minor offenders.
Retired Justice Edwin Cameron is head of the inspectorate, and it is his recommendation that taxpayer money will fund bail within the R1 000 threshold. Bail amounts vary, but factors influencing the figure are determined by the police officer. These include the seriousness of the offense, the likelihood of the accused re-offending, and if/she is considered a flight risk. Petty theft, common assault, or possession of a minimal amount of drugs is considered a minor offence. As a result, bail is often not on the table for serious crimes like rape, murder, hijacking and armed robbery.
TAXPAYER MONEY WILL FUND BAIL
So, it is proposed that taxpayer money will fund bail for offenders on the low end of the scale. Cameron believes prison overcrowding is leading to ‘massive violations’ of human dignity. “In Westville Medium B prison alone, we were informed that a facility designed for 1 500 inmates currently holds around 4 000 people. That’s an overcrowding rate of 157%. That is not just undignified, it is deplorable. However, we do not place the blame on the department of correctional services. The responsibility lies with parliament and SAPS for failing to manage it effectively,” said Cameron.
Furthermore, in Gauteng alone, 742 remanded detainees cannot afford bail under R1 000. In the Western Cape, the number stands at 798. Therefore the proposed ‘bail fund’ will operate independently of any government institutions. And taxpayer money will fund bail primarily for detainees accused of petty offences. But, crucially, exclude gender-based violence (GBV) or spousal assault.
NO APPROVAL NEEDED
Therefore, Cameron’s recommendation is that the ‘bail fund’ will be an independent entity. One that does not require government/institutional approval in anyway. “The pilot phase will begin cautiously, focusing on individuals with bail under R1 000. It will be implemented in one or two magistrate’s courts and prisons within a specific municipality. While the fund is not a long-term solution to the injustices of cash bail or overcrowding, it is a necessary intervention given the current crisis,” Cameron said.
Also, the growing number of remand detainees is alarmingly high. Driven by poverty and the near-breakdown of the social justice system. Cases are frequently postponed before a bail application is even heard. Systemic issues within the police, prosecution services and the judiciary are worsening by the week. The bail process is not intended as a punishment, it is to ensure an accused appears in court.
SHOULD TAXPAYER MONEY GO TOWARDS FUNDING BAIL?
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