Judicial Matters Amendment Bill

Steve Swart, MP – ACDP

Friday, 2 November 2001

Speech by Steve Swart, MP for the African Christian Democratic Party on the Judicial Amendment Bill:


Madame Speaker, the ACDP alerted the Chairman of the Justice Committee regarding problems with the envisaged amendment to the Correctional Services Act. It was significant that I raised this issue after an address to the Committee by the Constitutional Court President, Judge Chaskalson as the learned judge had referred to the appalling conditions which existed at the Diepkloof prison.

In view of the high crime rate and the increasing awaiting- trial prisoner population, clearly the most serious challenge facing the criminal justice cluster is that of a backlog of court cases and overcrowding in the prisons. Despite urgent and unpopular interventions during September and October last year, the prison population stood at 168 497 as at 31 July 2001 – 63,481 percent over-populated.

The Inspecting Judge[1], Judge Fagan, has similarly drawn attention to the inhumane conditions in certain of our prisons, and the urgent need to curtail the spread of disease, particularly HIV/AIDS while still manageable.

The number of deaths in prison attributable to disease has increased 584 percent over the past five years, most of which were caused by HIV/Aids. It is projected that, unless a cure is found, deaths of prisoners will amount to 7 000 per annum in five years and to 45 000 in ten years. Of a total prison population of 168 497, 50 902 are awaiting trial, many of whom may well be acquitted. Many thousands of these awaiting trial prisoners are exposed to appalling conditions, and run the risk of becoming infected with the HIV virus – resulting in an indirect death sentence.

Whilst acknowledging the role of prisons in protecting society from dangerous criminals, “prisons are an expensive way of making bad people worse.” This is particularly true of SA prisons and it is for this reason that members of civil society need to lobby government officials and parliamentarians for penal reform. It is also interesting to note that the scriptures do not refer to imprisonment as a form of punishment, rather as holding cells for those awaiting trial.

Judge Fagan has suggested various methods of reducing the number of awaiting-trial as well as sentenced prisoners. Prime among his recommendations is the usage of Restorative Justice principles, such as pre-trial diversion, especially for juveniles.

The appeal of the restorative justice model, particularly when considered against the huge backlog of criminal cases, is the acceptance of blame by the offender, and the recognition of the need to make restitution to the victim. Once this stage has been reached, the restorative process can commence. Unfortunately this has not been the traditional approach where the offender has in fact sought to evade accountability, and the legal process has degenerated into a contest between the state and the defence lawyers to establish guilt or obtain an acquittal.

Section 8 introduces a new section 63A into the Criminal Procedure Act and provides for the release of accused persons or the amendment of the bail conditions of accused persons on account of prison conditions. The provision aims to reduce the number of unsentenced prisoners in overcrowded prisons, who do not pose a threat to society.



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[1] In his annual report for the period 2000/2001


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For more information please call Steve Swart MP at 083 2856290 or ACDP Media Liaison Liza Bloemetje 082 4781037