Correctional Services Minister Pieter Groenewald has revealed that more than 27 000 foreign nationals are currently incarcerated in South Africa’s correctional facilities, contributing significantly to chronic overcrowding across the system.
Addressing MPs during a Peace and Security Cluster sitting, Groenewald said the department is actively exploring the repatriation of these inmates to their countries of origin – but stressed that the process is far from simple.
Repatriation of foreign nationals on this scale would require changes to existing legislation, as well as cooperation with the Department of International Relations and Cooperation (DIRCO), which he said “cannot be done overnight”.
Foreign nationals aren’t the only factor
South Africa’s prisons, particularly remand detention centres, are operating under immense strain.
Some facilities are sitting at over 200% capacity, with the number of remand detainees climbing to nearly 59 000.
The Minister warned that prison overcrowding poses a direct risk to the “human dignity, physical health and safety” of inmates.
To ease pressure, the department continues to use Section 63A of the Criminal Procedure Act, which allows the head of a correctional centre to apply for the release or adjustment of bail conditions for certain detainees who cannot afford bail and pose no further risk.
However, the final decision rests with the courts, not Correctional Services.
In the first quarter of 2025, 2 533 cases were referred for possible release under this provision – but only 16% were granted.
The success rate improved slightly in the second quarter to 21%. MPs questioned whether the system is being applied effectively enough to make a meaningful difference.
Remand detainees cost taxpayers R463 each per day
Opposition parties, including ActionSA and the ACDP, raised concerns about the cost burden on taxpayers.
Housing a remand detainee (a person who is being held in custody while awaiting trial) costs the state over R463 per day, amounting to millions spent each month on inmates awaiting trial.
Groenewald agreed that the situation in prisons is unsustainable, but reiterated that the department must work within the constraints of the judicial system.
He said Correctional Services continues to meet quarterly with the judiciary, NPA and other JCPS stakeholders to find practical solutions, including expanding facilities and improving referral processes.
“We will continue to explore all options to reduce overcrowding, including repatriating foreign nationals,” Groenewald said, “but the legislative process is slow, and we must balance justice with the realities facing our prisons.”
