Correctional Services Minister, Dr Pieter Groenewald, recently stated his intention to deport foreign criminals in South African jails back to their countries of origin. The Minister said that about 26 000 foreigners are either serving sentences in South African prisons or are awaiting sentencing. This places a massive burden on taxpayers, equating to R463 per day for each incarcerated foreigner, or around R11 million per year. With a target set for 2026, Minister Groenewald also acknowledged that a number of legal constraints must be addressed before the deportation process can begin.

According to Dr Casper Lӧtter, a conflict criminologist at the North-West University (NWU), this proposal holds promise, but also complications.

“I think the Minister of Correctional Services is on to something, but the problem lies with the foreign prisoners awaiting sentencing. These prisoners are part of the 26 000 foreigners in our prisons, and they have not yet been found guilty or acquitted. So, to deport them is a bit of a problem. We must also ask what happens to those prisoners who have been sentenced and are deported. Will they simply be deported, or will they serve their sentences in their home countries?”

According to the latest statistics from World Prison Brief, as of July, South Africa has approximately 166 000 inmates, with an incarceration rate of 260 per 100 000 people, of whom 37.3% are pre-trial detainees. About 15% of all prisoners are foreign nationals. Given that South African prisons have an overcrowding rate of around 48%, a solution to the country’s incarceration dilemma is desperately needed.

“Deporting foreign prisoners is a good suggestion, but one has to keep in mind that there will have to be an agreement with their home countries to accept these prisoners and to let them serve their sentences. Then there is also the question of whether the prisons they are deported to comply with a minimum threshold for human dignity and acceptable conditions for humane incarceration. And, as I said, the problem lies with the unsentenced prisoners who are awaiting trial and have not been convicted or acquitted. To send them back before they have had their day in court is problematic. In principle, the Minister has a good idea, but there are a number of caveats that must be resolved before it can happen,” says Lӧtter.

“But, in general, it is a good idea.”

Dr Casper Lӧtter