F.
Findings and observations
This section of the report provides the general observations and findings of the Special
Rapporteur regarding the prison regime in particular and the condition of detention in
general. It will include general observations and findings on issues such as prison population,
building structures and accommodation, categories of prisoners, sanitation, gangsterism, etc.
Under each aspect, the Special Rapporteur will discuss general observation and findings
making references to specific detention facilities where necessary.
As could be seen from the diversity of the facilities visited and organizations contacted, the
Special Rapporteur tried to cover as much as possible, all aspects of detention and
conditions of persons deprived of their liberty. The Special Rapporteur is convinced that this
wide coverage provides a representative and broad enough information on the detention
facilities in South Africa. With the information gathered, the Special Rapporteur is convinced
that she is in a position to make an informed opinion on the prisons and conditions of
detention in the country.
Generally, the conditions of detention and treatment of persons deprived of the liberty in
South Africa is satisfactory and meets minimum standards set by the international
instruments to which South Africa has agreed to adhere. A very important element that
needs particular mention is the emerging government policy of “corrections and
rehabilitation” to replace the old dictum of “prisons and punishment”. This shift in policy
however must not remain on paper. It must be accompanied by a constructive attitudinal
shift amongst correctional officials and translated in the treatment of offenders. Such an
attitudinal change is sine qua non for the realisation of the objectives of the 1998 Correctional
Services Act and the Vision and Mission expressed in the Government White Paper on
Corrections in South Africa.
There is considerable political will at both national and local level to improve the conditions
of persons deprived of their liberty. This is seen through the numerous policies developed
and revised by government to enhance the treatment of detainees. It is also illustrated in the
establishment of skills development activities and the commitment of officials. Civil society
organisations are also fully involved in the criminal justice system in general and the
conditions of detention in particular. The high level of involvement by civil society is as a
result of the openness and cooperation from government authorities.
These positive pointers notwithstanding, the mission registered numerous concerns during
the course of the inspections. The concerns include among others, high prison population,
gangsterism, the inadequate provision of skills and recreational activities, etc.
36
Special Rapporteur on Prisons
Mission to South Africa
14 – 30 June 2004
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