Questions over high bail's impact on poor

File photo: Timothy A Clary

File photo: Timothy A Clary

Published Mar 8, 2017

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MPs have called into question the strict conditions of bail after it emerged that more than 7 300 suspects were locked in prison because they could not afford small amounts of bail.

The Department of Correctional Services told Parliament yesterday that out of 41 000 remand detainees, a total of 7 380 qualified for bail but could not afford it.

Chief deputy commissioner in the department James Smalberger told members of the portfolio committee on justice and correctional services this constituted 18% of the remand detainees who should be out on bail.

The National Prosecuting Authority, the Office of the Chief Justice, the SAPS and the Department of Correctional Services said they were working on an integrated strategy to release those who were not supposed to be in prison because of bail.

DA MP Glynnis Breytenbach said there were many people sitting in prison because they could not afford bail of R2 000 or less.

The department said some of the people in custody were on R500 bail.

Smalberger said: “In terms of the question of bail, from 41 000 remand detainees we have 18%, which is 7 000, who have bail but can't afford it.”

Advocate Bradley Smith, of the National Prosecuting Authority, said Minister of Justice Michael Masutha was concerned that many people were in jail because they could not afford bail.

He said the department did not want people who have been given bail, but cannot afford it, to continue to sit in jail.

Officials have done a study on remand detainees and their circumstances for not paying bail. This revealed that 90% of detainees could not afford it because of their financial circumstances as they came from poor financial backgrounds.

A total of 64% of the detainees said they were not employed.

The officials have also done studies in other countries to benchmark the number of remand detainees, and South Africa was doing well.

The country has managed to cut down the number of remand detainees to below 50% of the prison population.

However, there were countries that still have the highest number of remand detainees.

In the Comoros, it was found that 92% of the prison population were remand detainees.

In Benin, remand detainees were sitting at 75%, and in Paraguay, the figure was 72.5%.

Smith said South African officials were getting the balance right as they had fewer remand detainees.

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