Correctional Services Minister Pieter Groenewald has confirmed that the government is working towards sending home approximately 27,000 foreign nationals currently held in South African correctional facilities.
Speaking in Parliament, Groenewald warned that overcrowding in remand detention centres has become increasingly severe, with some facilities operating at more than double their intended capacity.
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He said foreign nationals add significant pressure to an already strained system but emphasised that repatriating them requires legislative amendments — a process that cannot be completed overnight.
Prison Overcrowding Crisis Deepens as Section 63A Used to Ease Pressure
Responding to questions during the Peace and Security Cluster sitting on Tuesday, Groenewald outlined the department’s ongoing efforts to curb overcrowding, particularly in remand facilities.
He highlighted the use of Section 63A of the Criminal Procedure Act, which allows the head of a correctional centre to apply for an accused person’s release or for adjustments to their bail conditions.
“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.
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The criteria include individuals who have been granted bail but cannot afford to pay and who are not detained for additional offences. Groenewald added that centre heads may only apply Section 63A when overcrowding poses a “material and imminent threat” to detainees’ safety, dignity, or physical health.
During the first quarter of 2025, 2,533 cases were referred for possible release under Section 63A, but only 409 — or 16.15% — were approved by the courts. The second quarter saw a slight improvement, with 506 approvals out of 2,362 referrals, representing 21.42%.
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Groenewald stressed that while the department can submit applications, the final decision lies with the judiciary.
Foreign Inmate Repatriation Requires Legislative Changes. Groenewald Says
Groenewald said the department is engaging with the Justice Ministry, the National Prosecuting Authority (NPA), and the judiciary to streamline processes.
“We meet quarterly with the judiciary and the NPA to discuss how we can speed up processes and address the overcrowding problem,” he said.
On the issue of repatriating foreign inmates, Groenewald emphasised the complexities involved, noting the need for cooperation with the Department of International Relations and Cooperation (DIRCO) and legislative amendments.
He stated, “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.”
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Groenewald also underscored the financial burden on taxpayers, revealing that each remand detainee costs the state more than R463 per day.
He added that the Correctional Services Department forms part of a JCPS task team dedicated to finding solutions to persistent overcrowding, including exploring non-custodial measures and expanding capacity.
The Minister noted that the number of remand detainees has risen to between 58,000 and 59,000, intensifying an already critical situation.
Groenewald reiterated the department’s commitment to addressing overcrowding through legal mechanisms such as Section 63A, as well as ongoing cooperation with DIRCO, the judiciary, and international partners.
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