A.
Introduction
Since the abolition of Apartheid in 1994, the non-racial Government of the Republic of
South Africa has been improving its laws and policies to meet the challenges brought about
by the new dispensation of respect for human rights, human dignity, non-racialism, nonsexism and an open and democratic society. The Government has adopted a number of laws
and formulated policies to conform to this new dispensation. To this end, the Government
has signed and ratified numerous human rights instruments and adhered to several United
Nations and Regional Treaties and Declarations relating to the treatment of offenders and
detainees.
The policy of the Government in this regard seeks to turn all prisons into correctional
centres and all prison officials to rehabilitators. As part of the continuing process of
enhancing human rights in the country, the government has adopted an open door policy to
international, regional and domestic human rights bodies to visit the country and make
concrete proposals where government might be falling short. It is on this basis that the
South African Government extended an invitation to the African Commission’s Special
Rapporteur on Prisons and Conditions of Detention in Africa to visit the country and
inspect its detention facilities from 14 – 30 June 2004.
The visit falls within the mandate of the Special Rapporteur to monitor conditions in prisons
and other places of detention in Member States of the African Union and make appropriate
recommendations on how to enhance the protection of persons deprived of their liberty.
The Special Rapporteur was accompanied to the mission by Mr. Robert Wundeh Eno,
Assistant to the Special Rapporteur who is based in Banjul, the Headquarters of the African
Commission.
On 14 and 15 June 2004, the Special Rapporteur held meetings with the Minister and
Deputy Minster of Safety and Security, the Minister, Deputy Minister of Correctional
Services, including the Commissioner and Deputy Commissioners of the Department of
Correctional Services, the Minister in the Presidency, the Deputy Minister of Social
Development and the Director General in the Department of Home Affairs. The Special
Rapporteur was also invited to attend the Budget Vote of the Department of Correctional
Services submitted to Parliament by the Minister. This Budget Vote outlined the proposed
budget for the Financial Year 2004/2005 and the plans to improve the conditions in prisons.
During the visit, meetings were also held with members of civil society and organizations
working to protect the rights of persons deprived of their liberty. As the mandate of the
Special Rapporteur dictates, a wide range of detention facilities including prisons, police
stations, juvenile centers, a repatriation center and a mental health institution were visited.
The following is an account of the activities undertaken during the mission, including
facilities visited, observations and findings and/or problems identified, good practices and
relevant recommendations on how to enhance the protection of the rights of persons
10
Special Rapporteur on Prisons
Mission to South Africa
14 – 30 June 2004