Groenewald says 8,849 court applications reveal delays driving prison overcrowding

Minister of Correctional Services Pieter Groenewald told Parliament on Wednesday that delays in the criminal justice system are a key driver of prison overcrowding, and that the Department of Correctional Services (DCS) referred 8,849 applications to court in the 2025/26 financial year to ease pressure on facilities of which 1,278 (14.44%) were successful.

Where remand detainees fit into overcrowding

Groenewald said overcrowding must be understood in relation to available bed space and the composition of the prison population. He said:

“Currently, the bed-space available can accommodate all sentenced offenders. However, due to the criminal justice process or system, such space is also shared with awaiting trial inmates, who are sent by the courts to DCS facilities.”

The minister explained that remand detention is governed by section 49G of the Correctional Services Act 111 of 1998, and quoted the statute:

“In terms of section 49G of the Correctional Services Act 111 of 1998, as amended, the period of incarceration for a Remand Detainee must not exceed two years from the initial date of admission into the remand detention facility, without such matter having been brought to the attention of the court concerned.”

Legal interventions and departmental targets

Groenewald pointed to legal mechanisms used to reduce pressure on facilities, including bail review applications under the Criminal Procedure Act. He referred to specific provisions, saying bail review entails submissions in line with Section 63A and 63(1) of the Criminal Procedure Act 51 of 1977.

The department has set compliance targets for managing remand detainee referrals, with Groenewald noting:

“Since 2025/26 has set a target that measures the number of court referrals of Remand Detainees that have been submitted to court in terms of the provision. This is targeted at 100%.”

Coordination and case-flow measures

Groenewald said the DCS engages in monthly case-flow meetings under the Justice, Crime Prevention and Security (JCPS) Cluster and called on other agencies to act to speed cases. He said:

“South African Police Service (SAPS) to expedite the Investigation of cases for all the pending dockets and pending investigation of Length of Detention.”

He added that the department supports diverting minor cases out of the criminal justice system, noting:

“Divert minor cases out of the criminal justice system to community-based restorative justice structures, including Alternatives to Incarceration.”

Impact of court response delays and the department’s strategy

Groenewald warned that delays in responding to court referrals contribute directly to overcrowding, saying:

“Lack of responses to applications of Court Referral in line with section 49G as indicated above, does contribute to overcrowding.”

He described the DCS Overcrowding Reduction Strategy as combining direct and indirect interventions aimed at reducing both remand detainee and sentenced offender populations, and said the strategy relies on cooperation with justice sector stakeholders and ongoing analysis to guide interventions.