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.

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During a presentation, the committee heard that more than R842 million was processed and paid to the DPWI under the user charges allocation during 2024/25. However, the DPWI has since relinquished the majority of its maintenance responsibilities to the DCS, despite these payments.

Committee Chairperson Ms Kgomotoso Anthea Ramolobeng said Members wanted to know if the DCS has requested the DPWI for a refund, when the request was made and what was the DPWI’s response. The committee also asked for an explanation if, indeed, no request has been lodged for a refund. “What is the process of requesting a refund? We cannot keep on paying DPWI when service ought to be done but nothing happens whilst we are sitting with correctional facilities that are highly dilapidated, on the verge of collapse,” she emphasised.

The DCS was scheduled to brief the committee on concerns raised regarding the state of the kitchens in correctional centres in KwaZulu-Natal and Gauteng, as noted by the committee during oversight visits to these provinces.

The DCS indicated that it has a total of 217 kitchens serving all correctional centres. The committee heard that the devolvement of functions without proportional budget allocation to fund this responsibility impacts on the repair, refurbishment and maintenance of mission-critical infrastructure, such as kitchens.

The committee heard that an estimated R1.2 million is required to replace the asbestos ceiling and extractor fan at Baviaanspoort Correctional Centre.

In addition, the DPWI advertised a tender to upgrade the entire kitchen facility, including a complete kitchen upgrade, at Modderbee Correctional Centre, but no award occurred and the tender lapsed. The project was not implemented and no official feedback has been received from DPWI. The non-responsiveness prompted DCS to begin a project to renovate the floor surface during October 2024, using its own resources. Repair costs amounted to R94 464. All the repairs were done by DCS officials and inmates. The kitchen was reopened on 4 March 2025. An estimated R7 million is still required for the replacement of the required kitchen equipment.

The DCS informed the committee that the kitchen at Westville Medium A was closed during February 2025, due to non-compliance. The production of meals is undertaken by the neighboring kitchens within the Westville Management Area. An in-house artisan’s project began the preparation work. The committee heard that an estimated budget of R12 million is required to finalise the project, by replacing kitchen equipment, refurbishing the floor surface, tiling and painting.

The committee raised concerns about the water leakage and flooding of basement areas at Johannesburg Correctional Centre. The DCS, as an interim solution pending the implementation of the major repair and renovation project, frequently drains the flooded areas by means of mechanical discharge, repairing leaks and clearing of discharge systems.

The committee heard that the DCS requires R1.2 billion to refurbish the entire Johannesburg Correctional Centre management area.

The DCS said due to insufficient budget allocations over the Medium-Term Economic Framework period, it will not be in a position to implement the required repair and renovation project and therefore will implement day-to-day maintenance operations to ensure the safety and well-being of inmates and staff.

Ms Ramolobeng said the committee is pleased to note that the DCS has started to operate outside the ambit of the DPWI. “When we took over as this portfolio committee last year, this is something we have been emphasising. The state of the K-block at Modderbee can collapse at any time.”

The committee appreciated the fact that one of the three bakeries in KwaZulu-Natal is operational. “It would ease the cost of buying bread for daily use. We will monitor the remaining two bakeries,” the Chairperson said.

She said the committee noted the work done on the concerns it raised. She urged the department to continue to use inmates for labour to ensure cost containment but also transfer of skills.

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Acting Committee Chairperson Mr Janho Engelbrecht said committee members were referring to one inmate in particular, Mr Janusz Walus, who was serving a life sentence for the murder of South African Communist Party leader Mr Chris Hani. Members took exception to the fact that after Walus’s release he said in an interview that if given the opportunity, he would repeat his actions. Walus was deported to Poland after serving his sentence.

Members further enquired if it was possible to request that Walus be returned to South Africa, as they wanted him re-arrested for his utterances. Correctional Services Minister Pieter Groenewald told the committee that Walus’s sentence falls within the terms of the Van Vuren Constitutional Court judgement, which referred to those sentenced to life before 1 March 1994. The judgement confirmed that a life sentence meant serving at least 10 years of a sentence or 15 years in the case of serious circumstances. Thereafter these inmates are placed on parole for a period of three years. Over 360 lifers benefited from the Van Vuren judgement, including Walus.

The committee heard that Walus benefited from the Van Vuren finding, as he killed Mr Hani in 1993. He served his sentence and three-year parole period before he was deported.

Regarding the cancellation of parole for Mr Frans du Toit and Mr Theuns Kruger, who brutally raped Ms Alison Botha in 1997, the Minister explained that it is first for the Parole Board to assess an application and make a recommendation to the National Council for Correctional Services (NCCS). The NCCS will then assess the recommendation on the basis of all the files and make its own decision, which is sent to the Minister. Before making his determination in this matter, the Minister considered a risk analysis, among other things.

He said the department received notice of litigation from Ms Botha’s legal representatives indicating that, among other things, there had been no victim consultation in the parole process. The Minister indicated that the department received legal advice on the matter. He also considered the utterance of the Judge in the case, who said neither of the two should ever be allowed out on bail due to the brutality of the crime.

“The committee noted the Minister’s conviction on the matter and his stance that he is prepared to fight his decision to cancel the parole in court. We appreciate the fact that he took all matters into consideration when he made his determination,” said Mr Engelbrecht.

The committee also received a briefing on the process of overhauling South Africa’s parole system. The committee expressed serious concern about the number of vacancies on Correctional Supervision and Parole Boards. The committee heard that the Department of Correctional Services has had to defend a number of disputes in various courts owing to conflicts in the contracts of the Chairperson and Vice-Chairperson of the Correctional Service Parole Board . In an effort to put an end to this problem, a number of engagements were held with affected parties, including obtaining a legal opinion on how the matter could be resolved. The legal opinion obtained culminated in the drafting of a revised contract.

“The committee will monitor these matters very closely, as it is important to fully capacitate them,” said Mr Engelbrecht.

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Committee Chairperson Ms Kgomotso Anthea Ramolobeng said the visit forms part of the committee’s constitutional mandate over the Department of Correctional Services (DCS). She said the committee will regularly conduct such physical oversight visits and then follow up on the commitments made by officials to address the challenges that were highlighted.

In its walkabout programme, the committee visited the centre’s clinic, baby-mother-housing unit, the section for juvenile remand detainees, female section, male section as well as the workshops for woodwork, steelwork, and textiles. Ms Ramolobeng said it was worthwhile to see what was theoretically presented to the committee in its practical version on the ground.

After its walkabout around the facility the committee received a briefing from the DCS on, among other things, structure and functions, challenges and successes, inmate population, management of overcrowding, healthcare services, and self-sufficiency.

The committee raised concerns over the high levels of overcrowding at the facility as well as delays in its maintenance. The remand detainees facility is 234% overcrowded, Medium A- section 146%, Medium B-Section 149%, Medium C-Section61% and the female section is 248% overcrowded.

At the remand detainee facility for juveniles, Ms Ramolobeng, encouraged the young detainees to change as life inside correctional centres is obviously uncomfortable and inconvenient. “When you are arrested you jettison your home comfortability and some rights and endure a direct opposite of that behind the prison doors. You may enjoy your limited human rights, but in an unfavourable correctional centre environment,” said Ms Ramalobeng.

Regarding the lack of maintenance of infrastructure at the centre, the committee has seen some dilapidated parts of the facility, damaged water infrastructure at certain areas, kitchen equipment not working and the bed space at the remand detainees that need urgent attention.

Ms Ramlobeng said the committee has resolved to have a joint meeting with the Portfolio Committee on Public Works and Infrastructure to address the problem of maintenance at facilities as the challenge of maintenance is common at all the facilities that the committee has visited.

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The committee commenced its oversight at Kokstad Medium Correctional Centre and eBongweni Super Maximum Correctional Centre, which saw members conduct an inspection of facilities and engage with officials on critical operational issues. Committee Chairperson Ms. Kgomotso Ramolobeng stated the visits were vital in ensuring correctional centres are managed correctly and operating within the framework of the law.

“We are all at work to get clarity about what we are contracted to do as a committee and the Department of Correctional Services,” said Ramolobeng. “We are in the province to get assurance that the correctional facilities are run the way they should be run.”

During their visit to Kokstad Medium Correctional Centre, the committee raised serious concerns around the facility’s kitchen, which has been operating with a non-compliant certificate since 2020. Ramolobeng called for immediate action to rectify the issue and ensure food safety standards are met, stating, “the department should ensure that the Kokstad Medium Correctional Centre’s kitchen is compliant to meet the required food safety standards.”

At eBongweni Super Maximum Correctional Centre, the facility was commended for maintaining a contraband-free status and committee members urged other correctional centres to adopt similar measures to combat the ongoing smuggling of illegal goods.

A key issue raised by the committee was the delayed appointment of personnel for critical operational roles. Ramolobeng called for further immediate action to fill funded but vacant positions, emphasising the instability created by prolonged delay in appointments.

“We can’t continue to have people acting in critical operational positions indefinitely. Such critical posts must be filled with immediate effect, and the department must give us timeframes; we can’t make acting a normality,” she stated.

The Department of Correctional Services has been tasked with developing a turnaround strategy to address these outstanding concerns, including facility compliance, staffing shortages, and overall management inefficiencies.

The committee will continue its oversight programme , with the next visit scheduled to take place at Pietermaritzburg Med A and Med B correctional centres, with further assessments planned for the remainder of the week.

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These visits form part of the committee’s ongoing oversight programme, which seeks to provide members with first-hand insight into the conditions of correctional facilities and facilitate direct engagement with correctional officials on the ground.

As part of the programme, the committee will also meet with various stakeholders, including the National Efficiency Enhancement Committee, which works to improve case-flow management between the police, courts, and correctional centres. Strengthening this process is expected to enhance the management of remand detainees, ultimately contributing to a reduction in inmate populations.

Committee Chairperson Kgomotso Ramolobeng emphasized the importance of the visits, noting that they follow recent briefings from the Department of Correctional Services on critical issues such as inmate-to-official ratios, infrastructure conditions, escape prevention, and inmate statistics.

“We are embarking on this oversight visit with the firm intention of fulfilling our role in addressing the challenges facing correctional facilities,” said Ms. Ramolobeng.

The committee will visit the following correctional centres:

• Ebongweni Correctional Centre
• Durban Westville Correctional Centre
• Qalakabusha Correctional Centre
• Eshowe Correctional Centre

The findings from these visits will inform future legislative and policy interventions, ensuring that correctional facilities operate efficiently, humanely, and in line with rehabilitation objectives.

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According to the department, over 41 000 cell phones and more than R200,000 in proceeds from illicit drug sales have been confiscated from inmates to date. Additionally, 64 correctional services officials have been implicated in facilitating illegal acts. Of these officials, 16 were dismissed, 11 have been criminally charged, and their cases have been handed over to the South African Police Services (SAPS). Another 37 cases remain under investigation, while the rest could not be pursued due to insufficient evidence.

Highlighting the magnitude of the crisis, Portfolio Committee Chairperson Kgomotso Ramolobeng remarked that the number of illegal cell phones circulating in prisons outnumbers the inmate population.

“These alarming numbers could be related to the fact that visitors caught trafficking contraband are not arrested immediately. Instead, they are banned from visiting for a certain period, creating a cycle of repeat offenders,” she said.

Committee members raised concerns about the effectiveness of consequence management strategies to stem the influx of contraband.

Mzwanele Sokopo, committee member for the African National Congress (ANC), questioned why cell phone jammers are not being used to prevent inmates from running extortion rackets from inside prison walls.

National Commissioner of Correctional Services Makgothi Thabakgale explained that previous efforts to introduce signal jammers were blocked by the Independent Communications Authority of South Africa (ICASA). According to ICASA, the department no longer has the authority to make such requests because it is not classified as part of the security cluster of government departments. Instead, requests must go through SAPS or the Department of Justice.

“We are now looking into that, but there is also an attempt to reclassify us as part of the security cluster,” Commissioner Thabakgale said.

Betty Diale, committee member for the Economic Freedom Fighters (EFF) inquired about what happens to confiscated cell phones. Commissioner Thabakgale clarified that the phones are handed over to SAPS, which has the expertise to analyse the devices and trace the criminal networks operating from within correctional facilities.

Responding an inquiry about lifestyle audits as an accountability tool, Commissioner Thabakgale confirmed that 38 000 lifestyle audits had been conducted. He emphasised that, under the Correctional Services Act, the heads of correctional centres have the authority to deal with corruption and illegal activity among staff, and those who fail to do so must be held accountable for any inaction.

Chairperson Ramolobeng further inquired about the proceeds from confiscated illicit drug sales and why officials caught with drugs are not arrested immediately.

Commissioner Thabakgale stated that the proceeds often become part of the Department of Justice’s resources for crime-fighting operations. However, he admitted that the amount confiscated represents only a fraction of the illicit activity occurring through e-commerce platforms in prisons, which remains largely unaccounted for.

“It can be difficult to prosecute officials for possession of drugs because they often claim the drugs are for personal use. For now, we find this aspect tricky,” Commissioner Thabakgale said.

Additionally, Chairperson Ramolobeng expressed concern that only 14 out of 243 correctional centers in South Africa are equipped with body scanners. She stressed that body scanners are critical for ensuring the safety of both officials and inmates and urged the department to reprioritise its budget to incrementally roll out more scanners, despite fiscal constraints.

The committee also recommended that the department focus its limited resources on facilities with the highest levels of criminal activity. While waiting for reclassification as part of the security cluster, Chairperson Ramolobeng suggested prioritising these high-crime facilities for the installation of cellphone jammers.

“The department has to reprioritise its strategies in this regard and move from being reactive to proactive when dealing with systemic problems,” she advised.

The rising tide of contraband and corruption in South Africa’s correctional facilities demands urgent action and systemic reform. The committee’s pointed questions and suggestions reflect the dire need for stricter consequence management, targeted use of technology, and a re-evaluation of the department’s security classification.

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The committee chose Pollsmoor Correctional Services Centre for the oversight visit following a recent TikTok video where a prisoner with a cell phone broadcast all the contraband prisoners have access. Subsequent raids in correctional centres at Goodwood and in Gauteng drew further attention to this matter.

The committee sought a full report from the department on actions being taken to address this issue, consequence management, the plan to address corruption, and a specific programme of action with timeframes.

The committee went on a walkabout of the prison, visiting selected areas starting from the virtual court facility, kitchen, correctional centre clinic, workshop and prison cells. The committee welcomed the briefings it received at each area, saying they provided members of the committee with a unique opportunity to see the work of the department in action.

During engagements, the committee expressed concerns about prison cells that were flooded with water and unoccupied cells that could be used. The committee advised the DCS to involve the municipality and other key role players in its work. A call was made for a Justice, Crime Prevention, and Security Cluster meeting to address the need to improve the processing of remand detainees, as well as releasing funds to roll out more virtual court facilities.

The committee called for appropriate measures for the control of contraband to be enforced at all correctional centres and disciplinary measures and consequence management taken against corrupt officials. The committee also thanked the officials who are working hard in a challenging environment and urged them to continue with that good work.

The committee also called on the Department of Public Works and Infrastructure to repair all the damaged infrastructure at the centre. Notwithstanding the challenge of budget limitation, the committee asked the prison management to fill all vacancies, especially posts that concern caring for the needs of all inmates.

The Chairperson of the committee, Ms Jane Mananiso, told the DCS to showcase the good work that the inmates do at Pollsmoor Correctional Centre, which includes beautiful and quality woodwork, steel products and textiles. She said: “We are very impressed by the wonderful work we saw that comes from the creativity of the inmates.”

She added: “We also appreciate the special facilities for mothers and their babies and the beautiful educare facility. The DCS is clearly taking good care of our mothers and babies. We would like to see these good stories translated into all areas of this facility.” She said the committee would like to see more raids conducted at all correctional centres to stop smuggling of contraband in the correctional centres.

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During the engagement, the department told the committee that currently, the country only has 52 correctional supervision and parole boards (CSPB) to consider offenders who could be placed on parole and correctional supervision.

Furthermore, the department revealed that during the 2022/23 year financial year, at least 85 inmates applied for medical parole. Twenty-two of them died while awaiting finalisation of their applications, four were released on normal parole, 43 were successful in their applications, while 13 were not recommended.

“We have raised concerns. We noted that vacancies exist in some of these boards, which could be a contributing factor. The department will furnish us with further information we require,” Committee Chairperson Kgomotso Ramolobeng said.

The committee raised concerns about the medical parole of some inmates, who went on to live healthy lives years later.

The department acknowledged that such exceptional cases do occur and committed that it would provide statistics to the committee in that regard.

“The department will provide us with the statistics of such matters, but they have assured us in the meantime that that figure is generally low. We will engage once we receive the information requested,” Ramolobeng said.

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The committee, on its first oversight visit of the 7th Parliament, decided to visit the correctional centre after videos made by an inmate at the centre went viral on social media early this month.

Ms Kgomotso Anthea Ramolobeng, the Committee Chairperson, was reported as saying, “The content loaded on social media by a specific inmate at Goodwood is also the reason we selected this centre first. How did he obtain the cell phone and manage to upload content on a social media account for so long without being found?”

The committee was informed that the inmate had stored a cell phone inside a radio, which he had permission to use. Further, it was revealed the inmate had been posting videos for approximately three months. The cell phone was subsequently confiscated, and the centre underwent a security threat and risk assessment. Two surprise searches were conducted, resulting in 28 cell phones and other contraband being seized.

“We commend the department for this action. It seems it is necessary to do these random unexpected searches. Inmates who break the laws inside our centres should be dealt with decisively. It is important to ascertain whether they had assistance from family, officials or contractors delivering good to centres,” said Ramolobeng.

Committee member Mr Damien Klopper questioned the incident, asking “why was the inmate’s application for a radio approved?” He further expressed concerns about the CCTV cameras in the centre, which are currently not functional, but officials promised would be brought “back to life”.

Mr Erald Cloete, committee Member, inquired on how regularly the DCS conducts surprise raids at facilities and committee Member Ms Betty Diale raised concerns about the perimeter fence, which is not maintained by the Department of Public Works and Infrastructure.

The committee was accompanied during the visit by the Deputy Minister of Correctional Services and other officials. The group visited cells housing remand detainees and sentenced offenders, followed by the kitchen, health facilities, library and the centre’s in-house court, reported Rajaa Azzakani for the Department of Correctional Services (DCS).

The DCS and the centre management briefed the committee about its current 53% overcrowding rate. The centre houses a total of 2 497 inmates; however, it only has an approved bed space for 1 651 inmates. The centre currently has a staff vacancy rate of 15.25% with 56 vacant posts.

Ramolobeng reflected on the visit, saying “The kitchen was clean. The health facility has a doctor daily on duty. We raised concern about the overcrowding. We realised that this is not a new thing and that severe budget cuts to the department of the years impacted on this.”

Remarking on the in-house court, Ramolobeng said “The inhouse-based court is the first of its kind. It is a groundbreaking initiative and has cost and security benefits for the department. This is indeed a good story to tell.”

Ramolobeng informed the centre management this is just the first visit and to expect unannounced visits in future.

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