GroundUp previously reported how the issue of remand detainees is a priority for the Bail Fund, a pilot project led by the Judicial Inspectorate for Correctional Services (JICS), which aims to help detainees who cannot afford bail amounts under R1,000.

On Tuesday, the Department of Justice and Constitutional Development (DOJ) and the South African Law Reform Commission (SALRC) briefed Parliament’s portfolio committee for correctional services.

The Deputy Director-General of Court Administration in the DOJ, Lucky Charles Mohalaba, noted that there are about 60,000 people in remand detention across the country. About 26,000 have been in detention for less than three months. But about 5,000 have been awaiting trial for over two years.

A small number of people have been in remand detention for a concerning number of years, some up to and even longer than ten years. There are 430 remand detainees who have been in prison without being sentenced for five to seven years, 57 who have been in prison for seven to ten years, and five people who have been in prison for ten to 15 years.

Mohalaba acknowledged that the number of remand detainees is high, and it has increased over the past few years, from nearly 49,000 in 2021.

Mohalaba said the issue is discussed at provincial efficiency enhancement committees (PEEC), chaired by each province’s judge president. Each has a sub-committee set up to intervene and look at cases where bail is less than R1,000. He said the Department of Correctional Services would provide names of all remand detainees.

Mohalaba said factors contributing to the delays in finalising these cases include accused people changing legal representatives, requests for case-related documents, multiple co-accuseds, delays in securing court dates, loss of court records, and the failure of witnesses to appear in court.

Fanyana Mdumbe, of the SALRC, briefed Parliament on recommended additions to the CPA, which once “promulgated as law by Parliament, would add to options that are currently available to the courts”.

While the CPA does have provisions for bail, the SALRC believes that “there is room for improvement”, such as the release on bail on the basis of indigence.

Mdumbe said amendments would include the release of an accused person facing fine-only offences without having to pay money. It also included alternative security for bail for people who do not have residential addresses, such as people who live in informal settlements, whose bail applications are often denied due to this.

The amendments would also empower the courts to look into the circumstances of a remand detainee and to make a determination on whether their remand conditions are reasonable.

Some MPs were critical of the number of remand detainees, the conditions they were detained in, overcrowding, and potential failure of the judiciary to address the increasing number of remand detainees.

DA MP Kabelo Kgobisa-Ngcaba questioned how many correctional facilities officials from the DOJ had visited. “I don’t think you have a full appreciation of the horror in our prisons. Is it justice for people to languish in those conditions when they are unsentenced?” she asked.

EFF MP Nontando Nolutshungu said, “We can have the best policies, but if they are not implemented properly, we are not going to get the results.”

Nolutshungu said that the remand detainee population increase over the past five years “shows a deeper failure in the justice system”.

DA MP Janho Engelbrecht was also critical of the judiciary, saying, “Their independence is crucial to our democracy, however, the judiciary’s independence cannot be a shield against accountability. Their decisions on sentencing bail and case backlogs directly cause prison overcrowding and undermine our rehabilitation mandate.”

The Minister of Justice Mmamoloko Kubayi noted that the CPA does not give powers to the minister but to the courts.

“The judiciary is independent and does not account to the executive. We are responsible for the administration and financial support for the judiciary and the NPA. But I’m not accountable to nor are we allowed to get involved in court matters and in how a judicial decision is taken,” said Kubayi.

“Our only option is through policies, legislation and regulations,” she said.

The minister also said in response that she has been prioritising infrastructure challenges in courts, and therefore has not visited a correctional facility.

She said the CPA amendments would be completed before the end of the financial year, March 2026.

Written by Liezl Human for GroundUp and republished with permission. The original article can be found here.

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Janho Engelbrecht, DA Spokesperson on Correctional Services, said the two inmate deaths at Pollsmoor Correctional Centre “are a tragic yet predictable consequence of a facility and a regional management structure in complete crisis.”

“Our correctional facilities are severely overcrowded, with almost 60,000 remand detainees, and they are financially crippled by terrible budget planning, inflated unfit-for-purpose contracts, and misappropriated funds,” Engelbrecht said.

The DA therefore calls for a full scale, national spending review across the entire Correctional Service Department. The DA will write to Minister Dr Pieter Groenewald to ask him for the full spending review to take place without delay.

The review must account for the spending that is taking place to house tens of thousands of remand detainees, who are not yet convicted of crimes, because the Department of Justice has lost the capacity to speedily handle criminal trials, Engelbrecht continued.

“The incident at Pollsmoor thrusts it back into the spotlight for all the wrong reasons, mere weeks after the facility was embroiled in the scandal of two erroneous releases.”

This is not an isolated incident, the DA said. “It forms a devastating pattern of failure across the Western Cape Region, coming hot on the heels of similar events at the Oudtshoorn facility. The management at Pollsmoor, the Area and the Regional level have proven themselves to be fundamentally incapable of ensuring basic safety, security, and order. The DA will not stand by while this vital institution crumbles. South Africa cannot have a Correctional Service that allows inmates to be killed, or to escape, on a regular basis.”

The DA has also submitted urgent parliamentary questions to Groenewald, demanding a full and transparent account of the circumstances that led to these two deaths at Pollsmoor.

“We will intensify our oversight visits and use every parliamentary mechanism at our disposal to hold the executive and the department’s failing management to account. The blood of these inmates is on the hands of a negligent management structure and a national department that has abandoned its duty to protect both its citizens and those in its care,” Engelbrecht said.

The budget available to the Department of Correctional Services must be fully reviewed, without delay, so that all waste and all misappropriation can be immediately stopped, to spend on the fundamentals of safer and more secure prisons, Engelbrecht concluded.

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The offender, identified as Graine Martin, escaped from custody on 9 September, while working as part of facility’s Agricultural Programme.

He was serving a 12-year sentence for three counts of assault and theft, after being sentenced on 29 August 2023.

“Following an intensive search operation, involving SAPS and members of the community, the escapee was found deceased. Preliminary observations indicate that he took his own life through hanging,” the department said.

A police report has been opened with the SAPS with an inquest expected to be conducted “in line with applicable procedures”.

“A full-scale investigation is to be instituted to determine the circumstances surrounding the escape and subsequent death of the offender,” the department said.

Call for G4S termination at Mangaung

Meanwhile, the Portfolio Committee on Correctional Services has called for the immediate termination of government’s contract with the private security service G4S, that manages the Mangaung Correctional Centre.

This follows a briefing from DCS on unnatural inmate deaths, with specific reference to Mangaung, Goodwood and Oudtshoorn correctional centres.

Committee chairperson Kgomotso Anthea Ramolobeng accused G4S of “acting as a law unto themselves,” highlighting the committee heard that G4S only provided a report last week on the unnatural death of an inmate that occurred in March 2025, in Mangaung.

According to the statement, in March this year, an inmate at Manguang died following a search operation in which “offenders were allegedly assaulted and tortured”.

The inmate – who was an asthma patient – sustained “severe injuries, including blunt force trauma from tonfas and complications from pepper spray exposure” and died the following day.

The committee heard the contractor presented pre-drafted statements to officials to sign off to ensure their versions aligned. Officials were allegedly also advised to assault the inmate on his body and not the face in order to hide the marks.

“In addition, the committee heard that throughout the investigation into the incident, G4S and its employees sought to conceal the truth and obscure the investigation. This is viewed in serious light as it is tantamount to defeating the ends of justice.

“G4S’s refusal to provide reports about the March incident to DCS and only complied on 4 September, which amounts to refusing to take responsibility,” Ramolobeng said in a statement.

The centre gained infamy following the escape and subsequent re-arrest of convicted rapist and murderer, Thabo Bester, in 2022 and 2023.

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In response to a Parliamentary question, DCS clarified that it does not hold direct authority to discipline G4S employees, as this responsibility falls under the company’s internal processes. However, the Department retains the power to suspend or withdraw certificates of operation of any G4S employee deemed unfit for duty under the Correctional Services Act and related contractual provisions.

According to information submitted to the Department, between April 2023 and the present:

• 19 employees were suspended

• 12 were dismissed

• 20 resigned before investigations were concluded

These cases were linked to allegations of corruption, dereliction of duty, and security violations.

The Department further confirmed that financial penalties had been enforced. Since the inception of the contract, a total of R2.5 million has been recovered from Bloemfontein Correctional Contracts (BCC), the consortium managing the facility, with G4S as subcontractor overseeing daily operations.

The Supervisory Committee, which adjudicates on compliance matters, meets every two to three months to consider observation notices. Its rulings become binding within 14 days unless contested by either party, and the Department enforces penalty decisions when necessary.

In terms of independent oversight, the Judicial Inspectorate for Correctional Services (JICS) remains the primary watchdog. JICS is mandated to inspect correctional centres, ensure humane treatment of inmates, and report on corruption and systemic failures directly to Parliament.

The revelations underscore persistent concerns over the management of Mangaung Correctional Centre, one of only two privately run prisons in South Africa. While DCS can enforce penalties and restrict operations, critics argue that the reliance on G4S’s internal disciplinary procedures continues to raise questions about accountability and transparency in cases of misconduct.

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In response to a parliamentary question posed by FF+ MP Heloise Denner, the Minister of Correctional Services, Dr Pieter Groenewald, revealed that consultancy and advisory services were utilised in the 2023/24 and 2024/25 financial years, as well as from April 2025 to the latest reporting date. Expenditure on consultants totalled R61.8 million in 2023/24 and surged to R119.3 million in 2024/25. A partial expenditure of R8.4 million has been recorded so far in 2025/26.

Consultants Appointed Due to Skills Gaps

The Department admitted to hiring consultants in several cases due to “inadequate technical capacity” within its ranks. Four firms, Entsika Consulting, Kulungwana Accountants, Nexia SAB&T, and Mashudu Tinyiko Consulting, were specifically brought in under these circumstances, with cumulative spending on their services reaching over R143 million across the 2023/24 to 2025/26 period.

The Department defended the use of external consultants, stating that the appointments were informed by “the nature, urgency, and temporary scope of work required”. According to the response, a cost-benefit analysis indicated that hiring permanent staff to meet short-term or highly specialised needs would not be financially sustainable, due to the long-term commitments involved in full-time employment.

Breakdown of Key Contracts

Among the significant contracts:

• Entsika Consulting received over R42 million across three years.

• Kulungwana Accountants was paid more than R46 million for financial and advisory services.

• Mashudu Tinyiko Consulting received nearly R49 million.

The services rendered by these firms included financial management, advisory support, and technical expertise not available within the department’s current staffing structure.

In addition to bridging staffing gaps, several consultants were engaged for other departmental needs. These included:

• South African Bureau of Standards Commercial, with a R4.3 million contract spanning 2023 to 2026.

• CSIR, receiving nearly R13.3 million for various scientific and technical services.

• Food Safety Agency, contracted for food-related compliance across multiple facilities.

Some consultancies, such as Capic SA (R1.2 million) and Mukumba Consulting and Projects (R10 million), had contract periods stretching back to 2018 or 2019 and were still ongoing.

Legislative Compliance and Governance Roles

The Department clarified that certain expenditures, while categorised under “Consultants: Business and Advisory Services”, pertain to mandatory governance functions. These include audit and risk management committee services, which are legally required and not part of the operational consultancy contracts listed.

While the Department argues that consultancy appointments are a strategic and cost-conscious response to temporary or urgent needs, the sheer scale of annual spending and the repeated extension of some contracts raise concerns about the underlying structural capacity of the Department.

No figures were provided on how much it would cost to permanently fill the roles currently handled by consultants. However, the ongoing reliance on external providers points to persistent internal limitations that may not be addressed in the near term.

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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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The raid at the weekend resulted in the confiscation of several mobile phones and other contraband items. Investigations revealed that inmates had created sophisticated hideout spots within their cells to conceal these devices.

“What is most alarming is that these illicit activities were carried out in broad daylight, raising serious concerns about lapses in vigilance and continuous monitoring by officials.

“This glaring security breach has prompted the National Commissioner to demand a full report from the centre’s management, explaining how such activities could have occurred under their watch,” the Department of Correctional Services said in a statement

As part of immediate corrective action, all identified inmates involved in the scams have been transferred to the maximum-security unit (C-Max) at Kgosi Mampuru II Correctional Centre.

Forensic analysis will be conducted on the confiscated mobile phones to trace the extent of the scam and assist in any further legal processes, the department said.

Thobakgale has directed Baviaanspoort Management to urgently develop and submit a comprehensive plan aimed at addressing operational weaknesses and preventing the smuggling of illegal items into the facility.

He has also called for a thorough investigation into the matter.

The department reiterates that ongoing raids are part of a broader campaign to rid correctional centres of contraband and eliminate criminal networks operating from within.

“While removing illegal items is a key focus, equal attention is being given to preventing their entry in the first place. Any official found to be complicit in smuggling will face the full might of the law, with no leniency afforded.

“Correctional Services remains firm in its commitment to maintaining safe, secure and corruption free facilities,” the department said.

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Reoffending Among Supervised Offenders

According to the figures, thousands of parolees and probationers have reoffended each year while still under supervision. In the 2024/25 period to date, 5,682 parolees and 882 probationers committed new offences from a total supervised population of 52,556 individuals. Similar figures were recorded in the previous four years, with reoffending among parolees ranging from 4,489 to 5,222 cases annually, and probationers between 797 and 1,264 cases.

The number of revocations, referring to the cancellation of parole or probation due to new offences or breaches of conditions, also remains consistently high. There were 6,564 revocations in the current reporting period, with annual totals in recent years fluctuating between approximately 5,200 and 6,500.

No Monitoring After Sentence Expiry

The DCS confirmed that it does not monitor individuals beyond their Sentence Expiry Date (SED). In terms of the Correctional Services Act 111 of 1998, section 73(2), oversight by the department ends once an individual has completed the full term of their sentence, including any community corrections. As a result, reoffending data is only available for individuals still serving parole or probation, and not for released prisoners who have served their full terms.

Most Common Offences Among Repeat Offenders

The department tracks offences committed by those who reoffend while under community corrections. Between 2020 and 2025, the most frequently committed offences include:

• Assault, including grievous bodily harm, with 351 cases recorded in 2024/25

• Housebreaking and theft, rising to 488 cases in the current year

• Theft, with 523 offences recorded in 2024/25

• Rape, showing a significant increase to 303 cases this year

• Robbery, with combined counts exceeding 470 cases in 2024/25

• Possession of drugs, increasing to 155 cases this year

Other notable offences include attempted murder, sexual assault, kidnapping, and possession of stolen goods. Certain categories, such as rape, theft, and housebreaking, have shown a marked increase over the past two reporting years.

Data Limitations

While the department can provide detailed statistics on individuals under its supervision, it does not maintain or publish recidivism data for offenders who have fully completed their sentences. This presents a limitation in assessing broader reoffending trends within the general population of released prisoners.

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This according to Minister Pieter Groenewald, who presented the department’s Budget Vote in Parliament, on Tuesday.

“I can declare that in the past year, 466 raids have been conducted. I have also conducted numerous unannounced visits to numerous facilities. These unannounced visits and raids will increase in the coming year,” he said.

More than 33 000 cell phones, 20 577 sharpened objects, some 122 407 items related to alcohol and other substances, 232.16kg of drugs and over R394 000 worth of money had been confiscated during these raids.

Groenewald said officials have also been subjected to disciplinary action where necessary.

“In the last year, 515 officials have received final written warnings; 181 were suspended without pay and 146 dismissed.

“When it comes to discipline, I can only say that we can only address our problems if we recognise their true extent,” he said.

Protecting communities 

The Minister said when he took office last year, there was a backlog of some 495 life imprisonment profiles. A further 584 life imprisonment profiles have landed on his desk since.

“Of this total of 1 079 profiles considered, I approved 29 parole applications and granted three cases of day parole. Five individuals serving life sentences have been granted parole and are subject to deportation.

“Thirty-eight individuals’ parole has been revoked, two cancelled and one withdrawn. Unfortunately, I have also had to utilise the powers granted to me to refer three parole placements to the Correctional Supervision and Parole Review Board.

“The CSPRB is tasked with reviewing the original decisions made by parole boards and must confirm or replace it with its own decision. In all three cases, parole was withdrawn. We are in the process of reviewing the whole parole system,” he said.

Groenewald explained that the department is tasked with ensuring that inmates, who may reoffend, are not allowed back into society.

“The department has the important task to safeguard communities against convicted criminals whilst providing rehabilitation of offenders in order to ensure safe reintegration into society. When parole becomes a loophole for further terror and criminality, it is not merely a policy failure, it is a failure of justice.

“I am very strict on that and I want to put it on record again: it doesn’t matter whether an applicant went through all the courses and the rehabilitation programmes in our facilities but when I receive a psychological reports…and the risk of reoffending is medium to high, I will not approve any parole for that specific case,” he emphasised.

Self-sufficiency

The Minister said the department will have a budget of some R29 billion for the 2025/26 financial year, rising to just over R30 billion for 2026/27 and reaching some R31.9 billion for 2027/28.

He highlighted that the department’s budget has undergone some cuts as a result of fiscal constraints.

“The cuts in our budget translate to the provision of security being compromised, capital investment in skills cuts, the budget for nutritional services had to be cut, capital works projects will be on hold and the monitoring of parolees could be negatively impacted.

“[We] face real and pressing financial and operational constraints. The capital budget shortfall of R222 million undermines our ability to conduct infrastructure upgrades and critical maintenance. The escalating cost of food, fuelled by inflation and the growing number of inmates, including a sharp increase in foreign nationals, adds another layer of financial strain,” he said.

However, the department is doing its best to “explore alternative revenue streams so that we are not solely reliant on the fiscus”.

“We have registered commendable progress in the construction of correctional centre-based bakeries and pharmacies. The number of operational bakeries has increased from nine to 11, with Standerton and Pietermaritzburg recently coming online.

“In the past financial year, we have produced just over five million loaves of bread, which translates to estimated savings of R27 197 251.20. Farm production has also yielded R130 491 122.81 estimated savings in food provisioning.

“This is but a step in the direction of becoming entirely self-sufficient. The amendments to the 12-day cycle meal plan are expected to generate estimated savings of over R200 million per annum. These figures reflect our commitment to responsible spending of the taxpayers’ hard-earned money,” Groenewald said.

In his written remarks, the Minister acknowledged that although the department has taken a step in the right direction, more still needs to be done to create a corruption-free correctional service that contributes to South Africa’s safety.

“Our mission is to [do] the best – doing more with less. More savings of taxpayers’ money, more raids, greater discipline, bigger efforts to uproot corruption, more implementation of creative solutions, a bigger, happier workforce and ultimately, greater public trust.

“Together, we will continue to strengthen our department, affirm our constitutional commitments, and ensure that justice prevails in South Africa.

“Let us reaffirm our commitment to a correctional system that serves the people, one rooted in integrity, accountability, and safety. Only then can we truly begin to restore hope, rebuild faith in the system, and move toward the safer South Africa we all deserve,” Groenewald said.

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In her submission, Gasato requested clarity on the exact date Pollsmoor officials became aware that the inmates were missing, the absence of immediate alerts to the courts and police, and the department’s approach to biometric monitoring. The inquiry also referenced the 128 inmate escapes reported in 2023 by the Judicial Inspectorate for Correctional Services, and questioned whether the department would implement a real-time tracking system accessible to Parliament by 31 December 2025.

In response, Minister Groenewald stated that the Pollsmoor Management Area (PMA) became aware of a High Court order concerning the inmates on 4 May 2025, following an external inquiry. A preliminary investigation was initiated on 15 May. The department indicated it could not issue alerts earlier, as it was not in possession of the relevant court order. The order was subsequently re-signed by a judge and delivered to Pollsmoor on 27 May 2025.

On the issue of record-keeping, Groenewald explained that all correctional centres within the PMA use the electronic Admission and Release system as well as the Integrated Inmate Management System (IIMS), which includes biometric identification for remand detainees. He added that manual fingerprint records continue to be used alongside electronic systems as part of standard procedure to reduce the risk of incorrect releases or escapes.

Regarding the 2023 escape statistics, the Minister stated that escapes are investigated and that corrective measures are implemented to prevent recurrence. He emphasised that inmates are not permitted to leave correctional centres undetected.

In his response to the question about introducing a real-time tracking system by the end of 2025, Groenewald noted that the current systems already capture inmate movements and are actively used, though access is restricted to departmental personnel. He said that information requests from Parliament are addressed as required.

When asked whether the department deliberately maintains limited system transparency to obscure potential misconduct, Groenewald rejected the claim. He stated that the systems form part of the department’s operational processes and are not intended to conceal information.

The exchange has highlighted ongoing concerns regarding operational transparency and system efficiency within South Africa’s correctional facilities. Parliamentary oversight on the implementation of modern monitoring tools is expected to continue in the coming months.

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