President Cyril Ramaphosa approves remission of non-violent offenders in South Africa

11 August 2023

President Cyril Ramaphosa has approved the remission of non-violent offenders in South Africa. There are 212,286 inmates, including 9,351 foreign nationals, managed by the Department of Correctional Services across the country's 243 correctional centres and 218 community centres.

Unfortunately, the current occupancy rate is 143%, with the overcrowding rate at 43.06%. The recent loss of 3024 beds at Kutama Sinthumule due to fire means that overcrowding will increase by 4%, raising the overcrowding rate to 47.06% and in turn the occupancy rate will increase 147 per cent.

This poses a direct threat to inmate health, security, and management, and it could lead to a surge in gangsterism. More importantly, it hampers the department's ability to provide development and rehabilitation programs.

The remission of sentences is a crucial aspect of our justice system, and Section 84 (2) (J) of the Constitution enables it. However, it's important to note that certain offenders, such as those convicted of sexual offences, tampering with essential infrastructure, serving life sentences, and being declared dangerous criminals, are excluded from this criterion of this special remission. Despite this, low-risk offenders in these categories may still be eligible for a 12-month remission.

Offenders convicted of non-violent and nonsexual crimes will be eligible for up to 24 months of remission after completing the pre-release program and risk assessment and providing fingerprints and DNA samples for comparison to the South African Police Service database.

This decision will result in the deportation of 3064 foreign nationals serving short-term sentences under the guidance of the Department of Home Affairs. Additionally, it will alleviate overcrowding in correctional centres by releasing approximately 9,488 inmates and a further 15,000 inmates who are currently under correctional supervision and parole. The majority of the beneficiaries of this decision are already serving parole or under correctional supervision in their communities.

The exercise of exploring special remission commenced on 24 April 2023 whnen we lost approximately 1112 bedspcae due to delapidation in most our centres.

To ensure that this decision is implemented effectively, a joint technical task team comprising Justice, Crime Prevention and Security cluster departments will oversee the process over ten months, with the Department of Home Affairs leading the aspect of foreign nationals. It's important to note that victims will be allowed to make representations during the offenders' considerations for placement.

Issued by Department of Correctional Services, 11 August 2023