Mental health crisis: Over 300 state patients languish in correctional facilities

The Correctional Services Committee says delays in placing declared state patients in mental health institutions pose a human-rights risk and require urgent action from several government departments. Concerns have been raised regarding the 309 declared state patients held in South African correctional facilities, who are awaiting placement in health institutions as of February 28. The Portfolio Committee on Correctional Services warns that these delays pose human-rights risks and are straining both correctional and public health systems.

This follows a briefing from the Department of Health on the legislative framework for the admission, treatment, review, and reintegration of these patients. Committee chairperson Kgomotso Ramolobeng said members had noted the department’s outline of the legal and institutional processes involved, but remained concerned about ongoing challenges affecting the system. These include capacity constraints at designated mental health facilities, delays in periodic reviews and poor coordination between the criminal justice system and health services.

Ramolobeng said declared state patients represented a particularly vulnerable group whose rights had to be protected while also ensuring public safety. “The committee is encouraged by the department’s commitment to strengthening systems but remains concerned about the pace at which some of these longstanding challenges are being addressed,” she said. Members of the committee also raised concerns about overcrowding in mental health institutions, the adequacy of rehabilitation programmes, and the need for stronger collaboration between the departments of Health,Justice and Constitutional Development,and Correctional Services.

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Ramolobeng said the number of declared state patients had been increasing steadily over the past few years. “We have seen the number of declared state patients increase steadily over the last few years,” Ms Ramolobeng said. The committee was also told that this trend was being worsened by courts increasingly declaring individuals convicted of relatively minor offences as state patients.

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