The increase in arrests of foreign nationals has seen a noticeable impact on resources for the Department of Correction Services (DCS). In response to a question posed in parliament, Minister of Corrections Dr Pieter Groenewald revealed his department is responsible for identifying foreign nationals in its detention facilities, before reporting them to the Department of Home Affairs (DHA).

“During the Month of October 2024, the population of sentenced and unsentenced foreign nationals in DCS custody stands at approximately 18000 which constitutes 11% of the incarcerated population,” noted Groenewald.

After reporting foreign nationals to the DHA, the true nationality of the detainees must then be established by DHA, who then initiates the deportation of those “whose stay in the Republic of South Africa is illegal or undesirable.”

It remains the responsibility of DCS to hand over offenders to relevant authorities either for release or deportation. Among the conditions of deportation, detainees who are leased back to their home countries must seek authorization from DHA to return. Further, their personal details are to be circulated to all South African Border posts, to the South African Police Service (SAPS), and Criminal Record Centres “until expiry of the parole period.”

“In collaboration with other stakeholders, [DCS] is at an advanced stage of consultation with the Justice Crime Prevention and Security Cluster with the objective of formalizing a South African procedure in relation to interstate transfer of offenders as currently there is no legal provision for the transfer of sentenced foreign nationals to their country of origin,” added Groenewald.