The Department of Correctional Services has estimated that South Africa spends over R11-million for the daily upkeep of incarcerated illegal foreigners.
Kgomotso Ramolobeing, the chairperson of the portfolio committee on correctional services, has revealed that there were at least 25 585 foreign nationals in South African prisons as of June 30.
At least 13 444 of them are sentenced, and 12 145 are detainees, who are mostly struggling to afford bail, even as little as R300.
In all, there are 162 954 inmates across South African correctional services.
Ramolobeng said 105 023 are sentenced, and 67 603 are remanded detainees, highlighting that the detainees were causing overcrowding.
Correctional Services spokesperson Singabakho Nxumalo confirmed that the state spends between R470 and R480 per inmate per day, including those who are undocumented migrants.
Daily upkeep of inmates
“The figure reflects what is broadly referred to as the daily upkeep of an inmate,” according to Nxumalo.
“It includes expenses related to food, utilities such as water and electricity, hygiene products, and other essential services required to maintain basic living conditions within correctional facilities.”
He told Sunday World that undocumented migrants remain in remand detention simply because they cannot afford bail.
Nxumalo said the department cannot act on its own when a detainee is unable to pay.
The department is not allowed to release any detainee unless a valid court order has been issued, the sentence has been served, or bail has been settled, he said.
In cases where trials are delayed for more than two years, the department may raise concerns with the court.
However, he said only the court can decide whether someone should be released or placed under correctional supervision.
Court remains the final arbiter
Nxumalo also explained that there is no specific limit for how long an illegal foreign national may be held without trial, especially when bail is unpaid.
“The court remains the final arbiter in such cases. The department may intervene by notifying the court when a detainee has been held for an extended period without case resolution.
“Discussions around foreign nationals in custody must be approached with clarity and care to avoid misinterpretation. Presently, South Africa does not have a dedicated policy on this matter.
“However, engagements are underway at various levels, and any policy direction will be communicated should there be significant developments.”
