On 25 July 2025, the Portfolio Committee on Correctional Services voiced serious concern over the continued failure of legislation intended to relieve overcrowding in South Africa’s prisons.
The Department of Correctional Services (DCS) briefed the committee on the use and outcomes of Section 49G of the Correctional Services Act (CSA) and Section 62F of the Criminal Procedure Act (CPA), both designed to reduce the remand population and ease pressure on correctional facilities.
Committee Chairperson, Ms Kgomotso Anthea Ramolobeng, called for closer cooperation between the DCS and the Department of Justice and Constitutional Development (DOJ&CD), urging both departments to improve the implementation of these provisions to make a measurable impact.
Section 49G of the CSA sets a two-year cap on the detention of remand detainees (RDs), requiring court oversight if that limit is reached without resolution of the case. Section 62F of the CPA allows courts to impose additional bail conditions, such as placing an accused person under supervision, rather than keeping them in custody.
However, the committee heard that these tools have been largely ineffective. In the 2022/23 financial year, the success rate for Section 49G applications was just 1.25%, with 12,283 cases referred to courts nationwide. The Eastern Cape and Western Cape each reported a 0% success rate that year. In 2023/24, the Eastern Cape again recorded no successful applications. In 2024/25, only one of 142 cases in the province succeeded, with two successes recorded so far in the current financial year.
The committee was also informed that around 40% of sentenced inmates are serving sentences longer than 15 years, including life sentences. These long-term convictions limit the turnover of inmates, meaning bed space remains tied up for extended periods. As a result, overcrowding persists despite legislative tools aimed at relief.
Ms Ramolobeng highlighted the need to boost capacity in community corrections, arguing that more effective oversight outside prison walls would increase judicial confidence in placing remand detainees under supervision instead of behind bars.
“The outcomes of Section 49G applications, particularly in the Eastern Cape, are deeply concerning,” she said. “The committee will raise the matter directly with the Minister of Justice and Constitutional Development, who is responsible for these referrals.”
She confirmed that the committee would continue to push for proper implementation of both Sections 49G and 62F, stressing that these provisions can help address overcrowding, but only if applied consistently and backed by proper institutional support.
