Minister Groenewald says foreign nationals contribute significantly to South Africa’s overcrowded prisons, and has emphasised efforts to repatriate them and ease the burden on correctional facilities Correctional Services MinisterPieter Groenewaldhas confirmed that his department is working towards the repatriation of approximately 27,000 foreign nationals currently incarcerated in South African prisons. Groenewald emphasised that overcrowding in remand detention facilities is a critical issue, with some prisons operating at over 200% capacity. Foreign nationals contribute significantly to the strain on the system, and efforts are underway to repatriate them to their countries of origin.
However, Groenewald noted that this process requires legislative amendments, which take time. Groenewald was responding to questions from members of Parliament during a sitting of the Peace and Security Cluster on Tuesday, where he addressed issues surrounding overcrowding in correctional facilities, particularly in remand detention centers. The Minister detailed efforts to reduce overcrowding, including the use of Section 63A of the Criminal Procedure Act, which allows the release or amendment of bail conditions for certain accused persons as a relief mechanism.
“Yes, the department does invoke Section 63A, which empowers the head of a correctional center to apply to a court for the release of an accused person or the amendment of their bail conditions as a means to ease overcrowding,” Groenewald said. He explained that the criteria for applying Section 63A include accused persons who have been granted bail but are unable to pay the required amount and who are not detained for other offenses. The Minister also highlighted that the head of a correctional facility must be satisfied that overcrowding poses a material and imminent threat to the human dignity, physical health, or safety of the detainees.
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In the first quarter of 2025, the department referred 2,533 cases for possible release under Section 63A, with only 409 applications, or 16.15%, being successful. This success rate increased in the second quarter, where 2,362 cases were referred, and 506, or 21.42%, were successful. Minister Groenewald noted that despite these efforts, the ultimate decision on whether to release a detainee lies with the courts, not with theCorrectional Services Department.
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