pi_fp_afrique_du_sud_en_illustration.jpg

South Africa

Capital city — Pretoria

+
Country-profile

Security, order, and discipline

Security measures

Security functions are fulfilled by

the prison service

The prison administration is in charge of the security within the facility. The South African Police Service (SAPS) is responsible for transporting prisoners to and from courts.

Some prison facilities, units or cells implement high-security measures

yes

Closed-circuit television (CCTV) is used for monitoring access to the front gates, the perimeter (fencing), and public spaces such as visitors’ areas, courtyards and passages. The systems are often dysfunctional or inoperable due to lack of training. In Tswelopele, Brandvlei Maximum, Malmesbury and Mangaung, CCTV cameras are also used to remotely open and close doors. Due to inadequate maintenance and installation, “the pneumatic doors are often dysfunctional and have to be operated by hand”.1

Kgosi Mampuru II C-Max has CCTV cameras in all units, but not directly in cells. The cameras have 30-day memory slide footage, but not all cameras present are operational.2

  1. Judicial Inspectorate for Correctional Services, “Pressure Cooker”, 20 September 2020, pp. 8, 14, 21-22. ↩

  2. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, July 2021, p. 18. ↩

Prisoners are classified according to their supposed level of dangerousness

yes

Sentenced prisoners are assessed upon admission to determine their level of security risk and the part of a correctional centre in which they must be placed (Correctional Services Act 111 of 1998, Section 29). The Regulations to the Correctional Services Act specifies that prisoners belonging to different security classifications must be detained separately (Regulation 3.2g). The security classification is based on the average grade given for each of the 11 following criteria:

  • crime category (severity of conviction)

  • motive or circumstances under which the offense(s) was committed

  • number of victims

  • length of sentence

  • age upon admission of the current sentence

  • offence history

  • time lapse between current offence(s) and previous one(s)

  • history of violence in the last five years

  • history of escapes

  • gang/crime syndicate/accomplice affiliations

Sentenced prisoners are further classified into three groups: A, B and C.

A source indicates that people classified under different security groups sometimes find themselves placed in the same cells.

Lawyers for Human Rights notes that different law enforcement and security agencies do not have an integrated system in which information is shared. They all operate using completely different systems, creating blind spots in the identification of potential risk factors.

The criteria for placement at Kgosi Mampuru II C-Max includes:

  • persons convicted for violent crimes

  • persons declared ‘dangerous criminals’ by the court

  • ‘troublesome prisoners’ who have been demoted to C group and showed no improvements in their behaviour

  • prisoners who have assaulted or murdered a Department of Correctional Services/South African Police Service official or a fellow prisoner

  • prisoners who have escaped from lawful custody (depending on the nature of the escape)

  • prisoners who participate in or promote gangsterism/riots

  • on the instruction of the Deputy Regional Commissioner, Regional Commissioner, or Chief Operations Commissioner

The period of placement in Kgosi Mampuru II C-Max is determined as follows:

  • standard incarceration: maximum 12 months

  • with approval from the Area Commissioner: 12-24 months

  • with approval from the Regional Commissioner: 2-5 years

  • with approval from the Chief Operations Commissioner: 5+ years

The Judicial Inspectorate for Correctional Services (JICS) notes that some prisoners are placed in Kgosi Mampuru II C-Max for petty offences.1

  1. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, July 2021, pp. 7-9. ↩

The classification of prisoners is revised

every six months

The Regulations to the Correctional Services Act states that reclassification must remain progressive and flexible (Regulation 22.2). Classification is generally reviewed every six months for possible downgrading to a lower security risk group. Upgrading may occur immediately, for example as a disciplinary measure. Prisoners who pose a high escape risk or those serving more than 20 years must be placed in a maximum facility for five years before becoming eligible for reclassification.1

  1. Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, pp. 45-46. ↩

Prison staff do not receive specific training in dynamic security.

Correctional officials may, for security purposes, search the prisoner, their property and their cells. They may also seize objects or substances (Correctional Services Act 111 of 1998, Section 26.2). After verbally demanding to enter the premises and notifying the purpose of the search, officials may use force to overcome any resistance, including breaking the door or window (Section 101.3 & Criminal Procedure Act, Section 27).

All body searches must be authorised by the prison governor and be conducted in private. Manual and technical inspections of clothed persons and visual inspections of naked bodies may be conducted by correctional officials of the same gender as the prisoner.

Other types of body searches must be executed or supervised by a medical staff (Section 27) and carried out in a correctional centre hospital or clinic, or in a public hospital (Regulations to the CSA, Regulation 16.1). These may include:

  • the probing of a bodily orifice

  • the sampling of body tissue or body excretion for analysis

  • the use of an X-ray machine or technical device by a qualified professional to detect suspected objects or substances

Prisoners may also be detained in a single cell while awaiting the excretory process of an object they swallowed. They must be visited by the prison governor once a day and have their health status assessed by a nurse every four hours (Section 27 & Regulation 16.2).

Lawyers for Human Rights reports that these procedures are not always respected. The South African Human Rights Commission (SAHRC) affirms that some facilities do not provide sufficient privacy during body searches.1 There are many reported cases of sexual abuse taking place during body searches. Prisoners at Pollsmoor Medium B have reported being assaulted by the Emergency Support Team (EST) during searches.2

  1. South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 32. ↩

  2. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 27. ↩

All searches are logged in a register

no

Body cavity searches are conducted by a physician

yes

Physical probing of any bodily orifice must be executed or supervised by medical personnel (Correctional Services Act 111 of 1998, Section 27). This provision is not always upheld.

Relatives who enter the prison are searched using the following methods

  • electronic devices
  • pat-downs

Every visitor must be searched upon entering and leaving the prison premises.1 This may again take place upon entering or leaving the designated visiting area.2 They may be subject to a pat-down, a metal detector search, and/or an x-ray check for any property being brought into the prison (B-Orders, chapter 10, paragraph 9.1).

  1. Lukas Muntingh, A Guide to the Rights of Inmates as Described in the Correctional Services Act and Regulations, 2017, p. 117. ↩

  2. Foreign & Commonwealth Office, Foreign, Commonwealth & Development Office, Guidance, South Africa: prisoner pack, p. 7. ↩

Professionals who enter the prison are searched using the following methods

-

National Preventive Mechanism (NPM) personnel, including those of the Judicial Inspectorate for Correctional Services (JICS) are exempt from searches.1

  1. South African Human Rights Commission, National Preventive Mechanism, Annual Report 2019-2020, p. 16. ↩

The following types of mechanical restraints are authorised (Regulations to the Correctional Services Act, Regulation 18):

  • plastic cable ties

  • handcuffs

  • leg-irons and cuffs

  • belly chains

  • electronically activated high security transport stun-belts (permitted on prisoners when outside of their cell)

  • medical patient restraints

Mechanical restraints may be applied for the following reasons: to prevent damage to property, to prevent a suspected escape, or if requested by a court. They may never be used as a form of punishment or for disciplinary purposes. The use of mechanical restraints may last up to seven days and may be extended to 30 with authorisation from the National Commissioner. They may only be used on prisoners outside of their cells, or in segregation with authorisation from the prison governor. Prisoners subject to mechanical restraints may appeal the decision to the Inspecting Judge, who must make a decision within 72 hours following receipt (Correctional Services Act 111 of 1998, Section 31). The prisoner’s condition must be monitored by a nurse on a daily basis.1 All cases of use of mechanical restraints must be reported to the Inspecting Judge (Sections 31.3 & 32.6).

In practice, reporting and procedural requirements are not always upheld. The JICS received 49 reports of use of mechanical restraints during 2021/22. No appeals were received.2 At Ebongweni Super-Maximum, prisoners classified under Phases One and Two are cuffed whenever they leave their cells, are in the passageways or in transit.3

  1. Department of Correctional Services, “Health Care Policy and Procedures Manual”, paragraph 2.43. ↩

  2. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 62-63. ↩

  3. Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, pp. 23. ↩

Extending the period of restraint from 7 to 30 days requires the authorisation of the National Commissioner. Use of restraint in segregation requires the authorisation of the prison governor (Correctional Services Act 111 of 1998, Section 31).

Correctional officials may use force without prior authorisation if they “reasonably believe that the Head of Correctional Centre would authorise the use of force and that the delay in obtaining such authorisation would defeat the objective” (Section 32). The use of non-lethal incapacitating devices also requires authorisation from the prison governor (Section 33). The use of firearms requires authorisation from the prison governor or the Head of Community Corrections (Section 34). All cases of use of mechanical restraints or use of force, including non-lethal incapacitating devices and/or firearms, must be reported to the Inspecting Judge (Sections 31.3 & 32.6).

Security staff carry

  • firearms
  • non-lethal weapons

Non-lethal incapacitating devices and firearms may only be used by a specifically trained correctional official (Correctional Services Act 111 of 1998, Sections 33 & 34).

The following non-lethal incapacitating devices are authorised (Regulations to the Correctional Services Act, Regulation 19): chemical agents (canisters or cartridges indoors, and grenades outdoors), electronically activated devices, rubber missiles. Teargas may not be fired directly at a person or into a crowd (Section 33.5).

A verbal warning must be given prior to using a firearm. If the verbal warning is of no effect, a warning shot must be fired. If the latter is ineffective, subsequent fire must not be intended to cause fatal injury (Section 34.3).

The use of force, non-lethal incapacitating devices and/or firearms, may be applied in the following circumstances (Sections 32, 33.3, 34):

  • in self-defence (use of force & firearms)

  • to defend another person (use of force & firearms)

  • to prevent an escape (use of force, non-lethal incapacitating devices and firearms)

  • to protect property (use of force only)

  • if a prisoner ignores instructions to lay down a weapon or other dangerous device (non-lethal incapacitating devices only)

  • if security or safety is threatened by one or more prisoners (non-lethal incapacitating devices & firearms)

Prisoners must undergo medical examination and care following the use of force, non-lethal incapacitating devices and/or firearms.

These use of baton-type and pyrotechnical equipment requires specific training and authorisation from the National Commissioner (Section 35; Regulation 21). Their issuing of these weapons must be recorded. Refresher training is required every six months for baton use and every quarter for pyrotechnical equipment. The latter may only be used by members of the Emergency Support Teams (EST) and on authority of the EST leader. In Mangaung PPP, members may also use “shock shields” to electrocute and immobilise prisoners.1

The JICS received 471 reports of use of force during 2021/22. It remains sceptical as to whether all instances are effectively reported.2

  1. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, July 2021, p. 3. ↩

  2. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 62-63. ↩

A special intervention unit is in charge of restoring order

yes

Special intervention units are called Emergency Support Teams (EST). ESTs are composed of correctional officials specially trained to ensure safety and security in emergency situations. They are authorised to use pyrotechnical equipment (Regulations to the Correctional Services Act, Regulation 21). In 2020, prisoners interviewed by the JICS claimed that the EST “doused inmates with water in their cells (on the bed) and then shocked them with their shock shields”.

No policies for the prevention of violent extremism and radicalisation have been implemented.

Incidents

The prison service keeps record of incidents

yes

The use of force, non-lethal incapacitating devices, firearms and all other weapons must be recorded in writing (Correctional Services Act 111 of 1998, Section 35).
The degree to which registers are accurately updated is uncertain. Institutional and civil society organisations remain sceptical. The JICS reports several contradictions between registers and incidents reported to them by prisoners.1

  1. Judicial Inspectorate for Correctional Services, “The Moral Fiber is Nowhere to be Found: Unannounced oversight visit to Ebongweni Super-Maximum Correctional Centre”, 11-12 May 2021, p. 23. ↩

Number of escapes

10

i
2022/23 / IOL, More than 200 prison escapes over last five years

The prison administration reported 256 escapes between 2018 and 2023.
Some prisons keep the keys to certain units and/or cells off-site to prevent escapes. In case of emergency, it can take one to two hours to recover the key and open the door.

Individual acts of protest are recorded

yes

The JICS reported 30 hunger strikes during 2021/22, most of which occurred due to the inadequate handling or feedback of complaints and requests, rejected transfer applications and frustrations linked to being placed far away from family. The number of strikes increased by 21 compared to 2020/21. Prisoners on hunger strikes are isolated to prevent others from following suit. They must be assessed daily by a medical practitioner. Depending on their condition after 10 days, they may be transferred to an in-patient facility.1

  1. Department of Correctional Services, “Health Care Policy and Procedures Manual”, paragraph 2.45. ↩

Collective movements are recorded

no

The B-Orders indicate that complaints must be individualised and that they should not be heard in groups. The reasoning behind this policy is that receiving multiple prisoners at the same time may lead to “complaints of the same nature without any substance”.
The Constitution recognises the right to protest, but the Correctional Services Act, Regulations and B-Orders prevent prisoners from exercising this right.1

  1. Institute for crime studies, South African Crime Quarterly: Prison protests in South Africa: a conceptual exploration, 27 September 2022, pp. 31-32. ↩

Disciplinary regime

Breaches of discipline are clearly defined in writing

yes

The Correctional Services Act 111 of 1998 sets out the following disciplinary infringements (Section 23):

  • use of indecent, insulting, obscene or threatening language

  • communicate at unauthorised times or in unauthorised places and/or make unnecessary noise or cause a nuisance

  • reply dishonestly or make dishonest accusations

  • perform indecent acts or gestures

  • disobey or fail to comply with lawful commands, orders and/or regulations

  • leave the cell or an assigned place without permission

  • fail or refuse to perform labour or other required tasks

  • carelessness or negligence in performing labour or other required tasks

  • conceal, destroy, alter, deface or dispose of an identification card, document or other issued article

  • commit theft

  • possess an unauthorised article

  • abuse or assault another person

  • create or participate in a disturbance, foment a mutiny or engage in an activity that may jeopardise the security or order of the facility

  • take part in gang activities

  • deface or damage property

  • commit an act with the intention of endangering their life, injuring themselves or impairing their ability to work

  • attempt to commit, assist, conspire with, or incite anyone to commit any infringements listed above

Lawyers for Human Rights notes that hard copies listing breaches of discipline are not provided to all prisoners. Rules are generally communicated verbally. Punitive measures are sometimes stencilled in writing inside prison walls.

The range of disciplinary sanctions depends on whether the hearing takes place before the prison governor or an authorised official, or before a disciplinary official. Where a hearing takes place before the prison governor or an authorised official, the prisoner may be subject to a reprimand, a loss of gratuity for up to one month, and/or a restriction of amenities for up to seven days. Where a hearing takes place before a disciplinary official, the prisoner may be subject to a reprimand, a loss of gratuity for up to two months, a restriction of amenities for up to 42 days, and/or placement in segregation in case of serious or repeated infringements (Correctional Services Act 111 of 1998, Section 24).

According to sources, a large proportion of disciplinary sanctions are imposed informally and at the discretion of officials.

Disciplinary offences are investigated

no

The decision to apply a disciplinary sanction must be subject to an adversarial debate

yes

In a hearing before the prison governor or an authorised official, the prisoner must be informed of the allegation against them and have the right to refute it. The hearing must be recorded in writing.
In a hearing before a disciplinary official, the prisoner must be informed of the allegation in writing, have the right to be present, heard, cross-examine evidence, call upon witnesses and be given reasons for the decision (Correctional Services Act 111 of 1998, Section 24).

Prisoners are allowed to be assisted by a lawyer

-

A disciplinary hearing before a prison governor or authorised official must be conducted without representation. In a hearing before a disciplinary official, the prisoner has the right to be represented by a legal practitioner of their choice and at their own expense (Correctional Services Act 111 of 1998, Section 24).

In practice, hearings can be scheduled at times when it is difficult for legal practitioners to be present. Lawyers for Human Rights reports that the outcome of hearings sometimes appears to be predetermined, with the official ruling against the prisoner despite considerable evidence in their favour.

Disciplinary hearings must be conducted either by a prison governor or an authorised official, or by a disciplinary official (Correctional Services Act 111 of 1998, Section 24.1). Disciplinary hearings may only take place between 7 and 14 days after the prisoner has been informed of the charges against them. The disciplinary official holds the authority to decide who can attend the hearing. They must maintain a comprehensive record of the proceedings (Regulations to the Correctional Services Act, Regulation 14.1).

Prisoners may appeal against disciplinary sanctions

-

Prisoners may request a review of any disciplinary sanction, except for placement in segregation following serious or repeated infringements. These appeals must be submitted to the National Commissioner who may accept, reject or substitute the disciplinary sanction (Correctional Services Act 111 of 1998, Section 24.7).

Disciplinary sanctions can be imposed as a collective punishment

-

Collective punishments are not set forth in the law. In practice, when violence breaks out, some prisoners who were not involved also find themselves placed in segregation.

Some disciplinary sanctions have an impact on the length of sentence. The Correctional Services Act 111 of 1998 states that the following offenses can lead to a fine and/or to incarceration.

2 years:

  • publish any account of life or conditions in a correctional centre that may identify a particular prisoner or the offence they committed (Section 123)

  • impersonate an official (Section 125)

4 years:

  • receive or send an article without authorisation (Section 120)

5 years:

  • assist, conspire with or incite others subject to community corrections (parole, day parole, temporary leave) to contravene a condition set forth (Section 114)

6 years (Section 113):

  • resist, hinder or obstruct an official in the performance of their duties

  • assist, conspire with, or induce any official not to perform their duties

  • suggest the use of violence or restraint against, or threaten an official or any of their relatives or dependants

  • threaten to damage the property of an official or any of their relatives or dependants

  • undertake any action that could result in avoiding a legitimate directive issued by an authority

  • incite or induce a prisoner to contravene anything set forth by the Correctional Services Act

10 years:

  • aid or conspire to aid in an escape (Section 115)

  • a remand prisoner who intimidates or conspires with another remand prisoner to defeat the ends of justice or to exchange identities (Section 128A)

Solitary confinement

Solitary confinement can be used as

  • punishment 
  • protection 
  • security measure

Solitary confinement was technically outlawed in 2008 and replaced by segregation. The latter is described as the “segregation of an inmate for a period of time, which may be for part of or the whole day and which may include detention in a single cell, other than normal accommodation in a single cell”.

In practice, there are no notable differences between the two. Most segregation units are de facto places of solitary confinement.

The Correctional Services Act 111 of 1998 states that segregation can be used (Section 30):

  • if requested in writing by a prisoner

  • for disciplinary purposes

  • as prescribed by a medical practitioner

  • to isolate a prisoner displaying violent or threatening behaviour

  • following the recapture of a prisoner after an attempted escape and if it is suspected that they will try again

  • at the request of the police and if the prison governor considers that it is in the best interest of the administration of justice

All instances of segregation must be reported to the prison governor, the National Commissioner and the Judicial Inspectorate for Correctional Services (Section 30.6). In public-private partnership facilities, the Controller1 must be notified within an hour of placement.2

The Judicial Inspectorate for Correctional Services (JICS) reported 4,921 cases of segregation during 2021/22. It estimates that only 10% of segregations are reported to them by the prison administration.3

In July 2021, the JICS found that 52 prisoners were being held in the segregation unit called “Broadway” at Mangaung PPP. Each cell occupied had a card on the door containing the identity of the person, reason for placement, date of entry and the planned release date from segregation.4

  1. A Controller is appointed for each public-private partnership (PPP) facility. They appoint the facility’s director and oversee daily operations. ↩

  2. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, 2July 2021, p. 24. ↩

  3. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 10. ↩

  4. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, 2 July 2021, p. 24. ↩

Solitary confinement is decided

  • by the prison governor 
  • by guards   
  • at the request of the prisoner

Segregation may be appealed to the Inspecting Judge (head of the JICS) who must make a decision within 72 hours following receipt (Correctional Services Act 111 of 1998, Section 30.7).

The JICS received six segregation appeals during 2020/21. It faces difficulties complying with the 72-hour deadline, especially given the lack of information provided by the prison administration. In March 2021, it found that procedures had not been followed in one case at Drakenstein Maximum, later resulting in the suicide of a prisoner.1

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 10, 45. ↩

The duration for placement in solitary confinement is limited

yes

Segregation may not exceed 42 days (Correctional Services Act 111 of 1998, Section 24).
Cases of prolonged solitary confinement, lasting from several months to several years, are reported:

“JICS confirmed that both solitary confinement and prolonged solitary confinement are indeed occurring at Ebongweni and Kgoši Mampuru II. Inmates sit alone in a single cell for 22-23 hours a day without stimulation or human contact. There is an hour of exercise – not with other inmates, but alone, in an isolated exercise cage. Food is provided through a slim post-box sliver. The initial period of solitary confinement extends for at least six months. JICS also identified issues relating to the transfers and admissions of inmates to these centres. For example, when inmates are transferred from Ebongweni to KM II, as occurs, years of prolonged solitary confinement eventuate.”1

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, pp. 43-44. ↩

Solitary confinement can be extended

yes

The National Commissioner may, with authorisation from a medical practitioner or a psychologist, extend the segregation for a maximum of 30 days (Correctional Services Act 111 of 1998, Section 30.5). All extensions must be reported to the prison governor, National Commissioner, and Inspecting Judge (Section 30.6).

The JICS reports that solitary confinement at Ebongweni and Kgoši Mampuru II may be extended well beyond six months.1

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 43. ↩

Prisoners in solitary confinement receive regular medical care

-

Prisoners placed in segregation, except those having requested it themselves, must have their health assessed by a nurse, psychologist or medical practitioner once a day. Segregation must be discontinued if any of the latter determine that it poses a threat to the health of the prisoner (Correctional Services Act 111 of 1998, Section 30.2).

Lawyers for Human Rights reports that most of their clients do not receive any medical visits.

Segregation is implemented in single cells, and sometimes in specific units.12 Overall conditions are generally more harsh than in the other units: poor infrastructure, smaller cells, broken toilets, and a slab of concrete to sleep on without a blanket or mattress. The B-Orders state that prisoners in segregation must receive bedding (chapter 4, paragraph 13.1), but this provision is not always upheld. Prisoners spend 22 to 23 hours a day inside their cell, without stimulation or human contact.3 Meals are served through small opening food slots. Prisoners considered as erratic and violent are sometimes forcibly medicated.

  1. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, 2 July 2021, p. 24. ↩

  2. Judicial Inspectorate for Correctional Services, “I Am A Human Being”, 23 September 2021, pp. 20-24. ↩

  3. Judicial Inspectorate for Correctional Services, “Ticking Time Bomb”, 2 July 2021, p. 24. ↩

Prisoners in segregation are entitled to one hour per day in the open-air. This generally takes place in an isolated outdoor cage.1 At Kgoši Mampuru II, only one of these cages offers a little natural light. Vitamins are only provided when prisoners become sick.2 Some are only allowed to leave their cell to shower.

  1. Judicial Inspectorate for Correctional Services, Annual Report 2021 -2022, p. 43. ↩

  2. Judicial Inspectorate for Correctional Services, “I Am A Human Being”, 23 September 2021, pp. 21, 24. ↩

Prisoners in segregation may, at the discretion of the prison governor, participate in all rehabilitative programmes (B-Orders, chapter 4, paragraph 4.14). Approved literature may not be taken from the prisoner upon placement in segregation (Paragraph 4.16.1). In practice, access to activities, education, work, training and rehabilitation programmes is severely limited.

Lawyers for Human Rights reports that most of their clients do not receive any family visits while in segregation.