8000 Early Releases
(Published in The Sowetan, 12 August 2003)
The Department of Correctional Services is about to undertake yet another
controversial task: the early release of prisoners. This will not be the first
time that the Department has released prisoners early. The last time it was
attempted, dangerous prisoners mistakenly released had to be re-arrested. Some
of those released re-offended and had to be re-arrested.
Mistakes like these make the public apprehensive at the prospects of people
being released from prison. The exact rate of repeat offending in South Africa
is unknown but it is estimated to be over 50%. Any increase in the number of
likely offenders on the streets is cause for concern.
But if the rate of repeat offending is so high, prisons are clearly failing
to ‘correct’ offenders. This situation seems to support the notion
that prisons are ‘universities of crime’. Looking closely at the
conditions in South African prisons, this is not surprising.
South African prisons are overcrowded by 71%. This means that the supervision
and monitoring of prisoners is an arduous and daunting task. In this environment,
correctional officials and inmates are exposed to violence, corruption, and
communicable diseases. Harsh controls are required simply to prevent escapes.
Rehabilitating prisoners is an almost impossible task where officials are
preoccupied with simply controlling the masses of offenders. An extra burden
is added by the number of juveniles in custody and inmates who fall ill. These
categories of prisoners require extra attention.
The Jali Commission revealed conditions in our prisons that are hardly conducive
to rehabilitation, including:
-
the open sale of drugs, firearms and alcohol,
-
the sale of juveniles to older hardened criminals for sex, and
-
nepotism, and unfair recruitment and promotion practices.
One way or another, overcrowding needs to be addressed if prisons are to be
able to deliver on their mandate, which is:
-
safe custody of prisoners under conditions consistent with human dignity;
-
provision of rehabilitation and reintegration programmes to offenders;
and
-
effective supervision of persons under community corrections.
One of the few options that is available to reduce overcrowding is to allow
for early releases. The Minister of Correctional Services, Ben Skosana, has
announced that Government has approved the release of certain categories of
sentenced prisoners by advancing their parole dates. This measure will, to
a degree, contribute to the alleviation of overcrowding in prisons.
This decision will affect about 8 000 prisoners who are regarded as low risk
and therefore pose very little danger to society. They will exclude prisoners
who have been convicted of committing serious crimes such as murder and rape.
Early releases will undoubtedly bring discomfort to many South Africans.
However, people’s concerns and fears can at least be allayed if more
information was provided to citizens prior to the releases. For example, the
public should
know:
-
Correctional Services is continually releasing people on parole, and
all that has happened in this instance is that these prisoners’ parole
dates have been advanced.
-
Prior to release, a prisoner’s name, offence and address are verified
to ensure that wrong people do not slip through the net.
-
Families are contacted and asked if they are ready to receive the prisoners.
If not, an alternative is to be arranged so that they can be supervised.
-
A variety of parole conditions are set, such as abstaining from
any criminal activity, alcohol or drugs, and can include confinement
to the
home except
under specified circumstances.
-
Senior managers in provinces will oversee the releases and
the supervision.
-
8000 prisoners will be released from 241 prisons in nine
provinces in a manageable manner. This is not a blanket
release.
To avoid the necessity of early releases, a number of measures can be taken
which can ensure that prisons are not unnecessarily overcrowded. Firstly, the
police should not make more arrests than the system can handle. Secondly, when
people are arrested, only those with a reasonable prospect of prosecution should
be made to await trail, and given the rate of cases withdrawn in court, this
needs to be better assessed. Thirdly, magistrates should consider sentencing
options other than imprisonment.
Makubetse Sekhonyane
Senior Researcher, Institute for Security Studies
