Groenewald plans to deport 27 000 foreigners in South African prisons

Correctional Services Minister Pieter Groenewald has 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.

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 the Correctional Services Department.

He reiterated that the department has been working closely with the Department of Justice, the National Prosecuting Authority (NPA), and the judiciary to explore ways to streamline the process.

"We meet quarterly with the judiciary and the NPA to discuss how we can speed up processes and address the overcrowding problem," Groenewald said, emphasising that while the department could push for more applications, the decision ultimately lies with the court.

The Minister acknowledged the problem but clarified that repatriating foreign nationals is a complex matter that involves coordination with the Department of International Relations and Cooperation (DIRCO) and changes to legislation.

He added: “I am on record to say we’re in the process to see what we can do to repatriate them back to countries of origin. In the end, I would like to see that those people are sent back to their countries of origin, but unfortunately, it is an amendment of legislation, and the honourable member will know it’s not a simple thing that you change legislation tomorrow.”

Minister Groenewald highlighted the substantial cost to taxpayers, with each remand detainee costing the state over R463 per day.

"The reality is that we only have so much space. We are in the process of expanding our facilities, but we must also continue working closely with the judiciary and the Department of Justice to find practical solutions," he said.

He also pointed out that the Department of Correctional Services is part of a special task team within the JCPS (Justice, Crime Prevention, and Security) cluster, which regularly meets to find ways to tackle overcrowding.

Minister Groenewald reiterated that while the cost of housing remand detainees is high, his department is doing everything it can to alleviate overcrowding, including exploring non-custodial options and working with other departments to increase capacity.

He emphasised that addressing overcrowding requires a comprehensive and coordinated approach, involving collaboration with the judiciary, other government departments. 

He noted that the number of remand detainees had increased to between 58,000 and 59,000, making overcrowding even more acute.

Groenewald said that the department remains committed to addressing overcrowding through a combination of legal tools, including Section 63A, and continued collaboration with the judiciary, DIRCO, and other stakeholders and international partners.