Detaining any person accused of committing a crime should be the exception rather than the rule. This is not the case in South Africa, however. Remand detainees make up an estimated 30% of the prison population. This adds significantly to the problem of overcrowding which in turn has a number of negative effects. Overcrowding increases security risks, infringes inmates’ privacy, limits their access to medical care, reduces inmates’ ability to obtain educational materials, and places immense pressure on prison staff and warders.
CALS has conducted extensive research in this area and produced a number of reports. In 2014, we hosted a series of roundtables with representatives from government to present our findings and get their views on the current situation.
CALS also initiated a pilot project with our long-time partners at the Wits Justice Project, a unit in the Wits Journalism Department dedicated to investigating cases of wrongful conviction and remand detention. The idea behind the project was to place an attorney from CALS at the Wits Justice Project for a few days every week to assist with legal research and investigations into human rights abuses in prisons. The pilot project shows that human rights abuses can be addressed more effectively through the joint efforts of lawyers and journalists.
Currently, the main focus of this work is on addressing the need for verification of address as a requirement for granting bail. Our proposal is to modify this requirement to limit the extent to which remand detention is structured to disproportionately affect people living in poverty.