There are about 18 000 foreign nationals detained in Department of Correctional Services (DCS) facilities across the country.
There are about 18 000 foreign nationals detained in Department of Correctional Services (DCS) facilities across the country.
This was recently revealed by the Minister of Correctional Services Pieter Groenewald in response to a Parliamentary question by IFP MP Busaphi Machi, who questioned whether the department intends to address the increase in undocumented foreigners in already strained correctional facilities through intergovernmental approaches.
In his response, the Minister said during the month of October, the population of sentenced and unsentenced foreign nationals in DCS custody stands at approximately 18 000.
“This constitutes 11% of the incarcerated population, which impacts on the resources of the department.”
Groenewald said the DCS is responsible for identifying foreign nationals in its detention facilities and reporting such individuals to the Department of Home Affairs (DHA).
The DHA then establishes the nationality of such offenders and initiates the deportation of those whose stay in the Republic of South Africa is illegal or undesirable, he said.
“It is the responsibility of the DCS to hand over such offenders to the relevant authorities either for release or deportation based on status confirmed by DHA,” said Groenewald.
Groenewald said in cases where the offender who is a foreign national is found to be suitable for parole placement, the following conditions will be set by the DHA for all sentenced foreign nationals who will be deported:
– Offenders should not return to the Republic of South Africa (RSA) before the expiration of the parole period.
– Offenders may not commit crime while on parole.
– He/she must seek authorisation from the DHA to return to the country after the expiration of the parole period.
– His/her personal details must be circulated to all South African borders, South African Police Service (SAPS), and Criminal Record Centres until the expiry of the parole period.
He said the circulation of personal details to South African borders, SAPS, and Criminal Records Centres will assist in tracking the deported foreign nationals should they re-offend and get re-arrested.
“In collaboration with other stakeholders, the Department is at an advanced stage of consultation with the Justice Crime Prevention and Security Cluster with the objective of formalising a South African procedure in relation to the interstate transfer of offenders, as currently there is no legal provision for the transfer of sentenced foreign nationals to their country of origin,” said Groenewald.
Department spokesperson Sikabhako Nxumalo said that it costs R477 to maintain each inmate per day at correctional facilities.
Asked about interstate transfer of offenders plan, Gareth Newham, director of the Justice and Violence Prevention Programme at the Institute for Security Studies (ISS), said he does not believe there was anything South Africa could do to ensure that prisoners who committed crimes in SA served their sentences in their country of origin.
“From what I understand, most countries require a person to have committed what is considered a crime in that specific country to be held in prison there. This usually follows a clear legal process such as an extradition that relies on a formally signed agreement such as an extradition treaty or an international convention that both countries have signed into.”
“Once a person is released from prison in another country, there is little [that can be done] to stop that person from travelling back to SA using illegal methods,” he said.
Newham said people who are in another country can only be held in prisons in their country of origin if they have committed a crime there and then have fled.
“I am not aware of situations whereby a person from country X commits a crime in country Y - goes through a criminal prosecution and is convicted in country Y, but is then sent back to country X to be held in prison there. This may be attempted through an agreement between country X and Y but could be subject to a legal challenge,” he said.
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