Monograph 29: Correcting Corrections Prospects for South Africa's Prisons

The continuous problems in South African prisons, as represented in the in-depth public debate that has occurred, have highlighted the various factors contributing to the current situation. The scope of the debate does not only concern the Department of Correctional Services, but also other departments forming part of the criminal justice system. There is a dearth of research on South African prisons. Dirk van Zyl Smit's book, South African Prison Law and Practice, provides the most substantial information on the history of imprisonment and the development of penal policy in South Africa. There have been a number of journal articles on the harshness of the prison environment and the abuse of human rights that take place within this environment. However, no publication has attempted as yet to discuss the blockages within the criminal justice system which contribute to the current problems in South African prisons. This monograph aims to deepen the debate by providing a broad overview of the problems facing other departments in the criminal justice system, and by examining their impact on the Department of Correctional Services.

Historically, the distinguishing feature of the development of South African prisons was its similarity to the mine compound. Such compounds housed mine workers, many of whom were convicts supplied by the prison system. Still today, these remnants of the past are visible in the large communal cells filled with rows of metal bunk beds in which prisoners are housed. Prisons in South Africa were built as 'cattle housing' institutions. There were no facilities to alleviate boredom or programmes to help reintegrate the offender back into the community on his/her release. The militaristic and racist culture of prison officials, embedded not only in the laws of apartheid, but also in the religion and politics of such officials, added to the harshness of the prison regime. The desperate environment in which prisoners were housed, was often described in the many books and articles written in particular by political prisoners.

President Nelson Mandela commented during his time of incarceration: "Prison not only robs you of your freedom, it attempts to take away your identity ... It is by definition a purely authoritarian state that tolerates no independence and individuality. As a freedom fighter and as a man, one must fight against the prison's attempt to rob one of these qualities."

An important aspect of prison as an institution is the fact that it developed with the colonisation of South Africa. Before then, punishment was mainly based on the reparative model. The provision of an historical perspective on South African prisons enhances the understanding of the structural and cultural problems facing the Department of Correctional Services at present.

Among these problems, the substantial rise in South Africa's prison population is of great concern, and there are indications that it will continue to increase. It seems that the government, in the run up to the 1999 elections and in the face of perceptions of the 'crime wave' is being retributive in its methods of punishment to appease its citizens by making plans for bigger and better prisons and implementing tougher bail and longer sentences. There is a danger that the Department of Correctional Services is focusing the prison debate purely on more facilities and improved security at existing ones. These may not be the best solutions. In developed countries, such as the United Kingdom and the United States, building and filling more prisons are proving to be extremely costly without necessarily bringing down levels of crime. Although a few analysts have blamed the increasing crime rate on the high incarceration rate, this is not the case in South Africa. Evidence has shown that the rising prison population depends more on the methods of sentencing being implemented and the backlog of cases that needs to be processed by the Department of Justice.

Another serious problem facing the Department of Correctional Services is the critical conditions in prison and their effects on inmates. The harshness of the prison environment affects most inmates physically and emotionally. The daily routine of prison life in South Africa is generally one of boredom and idleness. There are limited recreational and educational facilities, a shortage of staff, and inbred gangsterism which often causes conflict between gang members and correctional officials, as well as constant intimidation of non-gang members. Overcrowding adds to the desperate environment. Cells are often so full that prisoners have to sleep on the floor. These numbers cause further degradation to buildings that are often not maintained, windows are broken, toilets cracked and electrical lighting is faulty.

The problems above suggest that prisons may not be the ideal means of dealing with criminals, since many return to the community and commit further crimes. Such repeat offending, or recidivism, is a contributing factor to the high crime rate in South Africa. It seems as if the path of non-prison penalties may be a more rational one for criminals found guilty of most crimes in order to achieve protection, recompense for the harm done and a solution that might reduce crime in the future. However, the South African government is not prioritising such alternative mechanisms of sentencing, which include community sentences, reintegrative shaming, as well as restitution and compensation. Although these measures are not financially cheap options, they must be considered if South Africa does not want to continue further down the road towards other countries� policies of mass incarceration.

This monograph discusses the problems in South African prisons, highlighting the blockages in the criminal justice system which contribute to the rising prison population. Information was gathered through a national and international literature review and qualitative interviews. Several prisons in South Africa were visited to experience the real environment in which prisoners and correctional officials live and work. The monograph aims to contextualise the South African debate by providing international comparisons and examining the prison environment for both prisoners and staff. The final section discusses alternative mechanisms that have been made operational in South Africa and suggestions of where South Africa can learn from other countries. It is not an academic document, but an overview which packages information for a general readership, particularly those interested in policy-making and analysis. 

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