One of the country's most senior judges has criticised the judiciary and the police for contributing unnecessarily to overcrowding in prisons.
The tongue-lashing by Judge Hannes Fagan, inspecting judge for prisons, on Monday came less than a week after Correctional Services Minister Ben Skosana announced that the government was to build four new prisons, each of which could take 3 000 prisoners, in the next three years.
According to the Judicial Inspectorate of Prisons' report for 2002-2003, South Africa's 241 prisons hold 188 307 prisoners - 71 percent more than they are designed to accommodate. Of these, 57 858 are awaiting trial.
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Speaking at a seminar in Pretoria on Monday, Judge Fagan said although the police and justice department were doing a good job, much more could be done to reduce overcrowding.
'The answer is not to build more prisons' "The answer is not to build more prisons, which we simply cannot afford, but to release the thousands of people who should not be in prison."
A study had found that last year more than 20 000 people a month were arrested "unnecessarily" and held.
"On average each month 20 312 awaiting-trial prisoners were taken to court and did not return to prison. (This) suggests the police are arresting people unnecessarily. Release on warning, bail, and admission-of-guilt fines are available for use by police without going to court."
Another source of overcrowding was the high number of "non-affordable bail" cases. In March, there were 19 592 awaiting-trial prisoners who had been granted bail of less than R50 and up, but could not pay. Keeping them in jail cost the state enormous sums.
Whether the magistrate failed to make proper inquiries or the police or prosecutor gave misleading information, it was apparent greater care should be taken.
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This article was originally published on page 3 of Cape Argus on July 08, 2003
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