Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology

ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

Overcrowding of Short – Term Offenders and

Remand Detained. Evidence from
Pietermaritzburg-KwaZulu Natal
N.A Carries; Dr S. Lombo

Durban University of Technology

Publication Date: 2025/02/13

Abstract: This article seeks to bring to light effects of prison overcrowding in Pietermaritzburg Management Area in
KwaZulu-Natal. The aim is to explore innovative approaches to rehabilitation and restorative justice, which can provide
valuable insights into effective ways to address the needs of the two distinct group of offenders in this study, to implement
and redress congested prison conditions. It will present a complete evaluation of research on the causes and consequences,
draw conclusions, and propose solutions. It is unfortunate that the correctional system is unable to keep up with the influx
of new offenders, leading to a number of other challenges within the system. Overall, the article argues for the need to put
into effect innovative options to address the circumstances which lead to overcrowding, such as providing access to
redirection programs, and multiplying public protection while promoting restorative justice.

Prison overcrowding is a significant problem in South Africa, which has the uppermost numbers of incarceration in
the world. This is not a new problem in South Africa as it has been recurring for several decades. In this article,
overcrowding is when the entire numerical figures of offenders in a correctional centre exceeds the capability to
conveniently accommodate prisoners, while ensuring their security at the same time.

Keywords: Correctional Centres, Offenders, Officials, Overcrowding.

 Definitions
 Offender: a sentenced offender or convicted person sentenced to incarceration.
 Overcrowding: an environment where the number of inmates incarcerated exceeds the functional or usable bed space
capacity.
 Prison: an international concept which is universally applied in the Justice system to refer to facilities for detention of
unsentenced and sentenced persons.
 Probationer: an individual who has been handed a prison sentence but has had their penalty commuted to correctional
supervision; also, those who receive a sentence of correctional supervision directly from the court.
 Parolee: a criminal who has been released conditionally from a centre to complete the remaining segment of their punishment
outside of prison.
 Remand detainee: a person who is detained whilst awaiting the outcome of their trial.
 Reoffending or recidivism is the behavioural pattern whereby an offender, parolee or probationer who is convicted of a crime
and given a punishment by a judge
 Special Remission: a decrease of the sentences of incarcerated criminals, probationers and parolees with a period as
determined by the President of South Africa
 Short Term Offenders: any offenders sentenced to a period of 24 months or less imprisonment.
 Awaiting-trial person: an accused person placed in a correctional centre awaiting the finalisation of his/her trial.
 Bed space /Accommodation: the figure which represents the maximum allowable number of prisoners that can potentially be
held in a particular centre.
 Design bed space: the number of bed spaces that can be utilized for housing inmates and may be equivalent to or less than the
design bed spaces.
 Inmate: any individual in a prison or detention centre who is being held, regardless of whether they have been found guilty or
not.
 Revocation: when a parolee/probationer violator breaks their parole conditions, and such person is brought back to the
correctional centre to complete their incarceration; their parole is therefore revoked by CSPB.

IJISRT25JAN1192 www.ijisrt.com 2277

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

How to Cite: N.A Carries; Dr S. Lombo (2025). Overcrowding of Short – Term Offenders and Remand Detained. Evidence from
Pietermaritzburg-KwaZulu Natal. International Journal of Innovative Science and Research Technology, 10(1), 2277-2289.
https://doi.org/10.5281/zenodo.14862888

I. INTRODUCTION currently in prison globally. Since 2000, correctional centres

saw a surge in the numbers of incarcerations by 24%. In
The correctional system seeks to assist in the South Africa, overcrowding is an issue for many other
promotion and protection of a fair serene, and safe stakeholders, including communities, the Department of
community by implementing court orders pursuant to the Social Development, SAPS, and the DOJ.
requirements of the Correctional Services Act 111 of 1998. The findings will assist in providing current and relevant
In doing so, it ensures that all inmates are in a controlled and solutions for the DCS regarding jail reforms.
secure setting while assuring their personal integrity as an
individual is being always upheld, encouraging public II. EXPLORING THE CAUSES OF
accountability and universal improvement of human OVERCROWDING IN PIETERMARITZBURG
conditions of all offenders is crucial. Challenges of
overcrowding in the Department of Correctional Services Overcrowding in correctional centres has both direct
has been in existence for more than fifty years and affects and indirect effects on the entire society, as convict
the delivery of services throughout the entire chain. rehabilitation appears unsuccessful and criminal inclinations
are intensified. correctional centres are overcrowded in
The Correctional system in South Africa has been left almost every country in the world, and South Africa is no
with a huge problem of prison overcrowding due to the different. As stated in the white paper on remand detention,
growing crime rate. Correctional centres are required by law congestion in South African (2014:20) detention facilities
to offer a healthy atmosphere for all offenders, allowing are a long- standing issue, and as outlined in the White
them to reflect on their crimes, repent, and rejuvenate Paper on Corrections, the roots of the current prison system
oneself in preparation for their release into the free world can be traced back to the early 1900s, wen presented by
Anderson & Achipelago, (2018). Adopting the rehabilitation Commissioner of Correctional Services (2005) it can be
idea in correctional facilities has existed for a considerable traced back to the early 1900s when the prison system was
period; it dates back to the nineteenth century. regulated mainly by various Provincial Ordinances.
Overcrowding, on the other hand, has been an obstacle in
implementing this idea for many years and it continues to be The cost of an offender in the country is high. The
a scourge to this huge problem. government spends R52 000 per year on offenders, which is
more than three times the amount spent on a child in school.
The Department of Correctional Services (DCS) and It costs more to go to prison than to live because there are so
the Department of Justice (DOJ) located in the scenic many offenders in overcrowded correctional centres and a
Msunduzi River, the city of Pietermaritzburg, which serves high staff-to-offender ratio. A total of 161 050 inmates are
as the capital of KwaZulu Natal, has been grappling with a currently housed in 243 correctional facilities. According to
significant surge in criminal activity. As reported by Stats the South African Prison Service, there are 38 459 people
SA in their 2022 publication (12-14), the prevailing crime working in the prison, almost one in every five offenders is
rate has reached unprecedented levels, with a mean average concerned with their psychological well-being on a daily
of 86.08% prison capacity filled in all prisons of the basis. Each offender eats three meals per day.
Republic of South Africa. This is the reason that the
Pietermaritzburg (Pmb) area been chosen. According to the Inmates in South Africa do not have adequate medical
Amnesty International (2013:45) the challenges of care and cannot eat whenever they feel like but are restricted
overcrowding, the high conviction rate of short-term to three meals a day at specific times which must be in line
offenders and the unnecessary detaining of remand detainees with the three-meal system. As a result of these conditions,
is a serious concern globally. many inmates suffer from mental and physical disorders.
However, there are programmes which are aimed at
 Background breaking the cycle of re-offense and re- incarceration, use
Overcrowding in correctional institutions occurs when offender education to combat the oppressive mental power
the population of the inmates surpasses the maximum dynamic that drives offenders to re-offend and re-
occupancy limit which is a major problem worldwide. It incarceration. If South African offenders can share their
remains one of the most pressing issues globally, with 27 experiences with confinement in the United States, they may
nations running at 150 percent to 200 percent capacity be able to provide insight into how other countries deal with
Anderson & Achipelago, (2018: 23-25). Despite repeated confinement issues. It can provide them with a
calls to reduce prison populations since the outbreak of the psychological understanding of how society and the prison
COVID-19 four years ago, the prison population in the environment have a psychological impact on them. A
world has increased significantly. Global Prison Trends 2022 person’s ability to learn has an impact on his or her future
reveals that, rather than reducing prison numbers, many and the minds of those imprisoned.
governments are increasing prison capacity, with the global
prison estate expanding significantly in the last year. One of the main causes of subpar jail conditions
According to the report, there are 11.5 million people worldwide is prison overpopulation. In addition to being

IJISRT25JAN1192 www.ijisrt.com 2278

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

likely the largest issue facing prison systems, it can have  Consequences on Prison Overcrowding
potentially fatal implications and hinder correctional The consequences of prison overcrowding can be
facilities from carrying out their assigned duties. Eleven severe and far – fetching reaching, affecting not only the
national jail systems are operating at more than double their prisoners but also the correctional system. Communities and
capacity, while correctional facilities in more than 118 society. Some of the consequences will be discussed below:
countries have surpassed their maximum occupancy rate.  Poor living conditions: Overcrowding can lead to poor
Prison systems' capacity to provide basic necessities like living conditions including inadequate availability to a
food, shelter, and medical treatment is weakened by number of basic human rights.
overcrowding, which is a result of criminal justice policies  Risk of disease transmission: It can act as an agent for
rather than an increase in crime rates. Additionally, it the increasing of contagious or transmittable diseases
jeopardizes the availability and efficacy of recreational such as tuberculosis and HIV.
activities, educational and vocational training, and  Mental health: It can increase mental health problems,
rehabilitation programs. Pretrial detention's overuse, as well such as depressions and anxiety.
as the high jail population rates are largely caused by the  Strain on state resources: it can put a strain on the staff,
usage of prisoners for little, petty offenses. In addition to facilities and the equipment
increasing rates of violence, self-harm, and suicide,  Low moral amongst staff: It can decrease the moral
overcrowding and other associated issues including invasion amongst staff, such as burnout, stress and job
of privacy can also create or worsen mental health issues. satisfaction.
 Current State Of Incarceration In South Africa  Prison Occupancy Vs Overcrowding
The current state of incarceration in South Africa is a The increase in the use of imprisonment has resulted in
matter of great concern. The imprisonment system in South severe overcrowding. Overcrowding is caused by the justice
Africa is overcrowded, underfunded, and understaffed. More system sending more people to prison and for longer periods
than half of all offenders are awaiting trial, and many have of time than is permitted. Overcrowding has no immediate
been in prison for years without being convicted of a crime. cause, but it can be caused by either overuse of
The conditions in South African correctional centres are imprisonment or an inadequate prison population.
often deplorable, and offenders are subject to violence,
sexual assault, and extortion. In addition, the prison system Overcrowding means the number of inmates exceeds
is plagued by corruption, and offenders are often forced to the official capacity of the prison (over 100% occupancy).
pay bribes to guards in order to obtain basic necessities. Currently, this is the only metric available for broader
There are approximately 161 050 inmates housed in 243 comparisons across countries. The main problem with this
jails in South Africa. Inmates and offenders are subjected to measure is that the degree of overload in this sense depends
harsh living conditions, which are extremely overcrowded heavily on national/local standards norms and standards.
and inhumane. Correctional centres, in addition to these
conditions, can be breeding grounds for sexual violence. In a While nations where single-cell housing is the norm
constitutional democracy, offenders’ rights to dignity, bodily may record congestion with significantly less "objective"
integrity, and protection from cruel, inhuman, and degrading overcrowding, those that let four offenders in a single cell
treatment must be respected. Despite the high rate of sexual may report "free space" if some cells are filled by just three
violence in South African correctional centres, a large criminals. This measure does not account for variations in
portion of this abuse is rarely reported. Prison overcrowding, jail conditions, including space. This indicates that the
poor sanitation, inadequate nutrition, inadequate medical following overcrowding statistics are often the very lowest
care, and a toxic culture is some of the factors that possible numbers. Ratings for prison overcrowding would
contribute to the spread of HIV among offenders. most likely appear significantly worse if more stringent
criteria were used, such as those set by the CPT. For
The issue of prison overcrowding must be addressed in instance, privacy, social density, and spatial density are
a multi-pronged manner. Prison issues can be addressed examples of more substantial criteria. Feelings of stress and
with education and awareness campaigns. It is critical to powerlessness are also subjective indicators of
pursue legal recourse to protect the rights of vulnerable and overcrowding. Nevertheless, there is currently no data on
marginalised individuals. The proper oversight of a prison these efforts in order to make comparisons. Additionally,
system is critical to ensuring that inmates’ human rights are there is no global consensus on what defines overcrowding
protected. Inmates’ rights are not an isolated issue, they can in prisons.
have a direct and indirect impact on all of us. It is critical to
activists and policymakers to strengthen JICS and encourage The minimal space in the EPR is not covered by the
parliamentarians and judges to visit prison at least once a Council of Europe Prison Rules because there is a chance
year. To effectively protect inmates, the Policy to Address that it will become the standard (Smit and Snacken
Sexual Abuse of inmates must be properly resourced and 2008:131). The CPT has underlined that the quality of the
implemented within the national prison system. space and the amount of time spent in the cells also affect
the minimal amount of space that is acceptable. However,
the CPT states that the bare minimum would be 4 square
meters for shared housing and 6 square meters for solitary

IJISRT25JAN1192 www.ijisrt.com 2279

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

cells, which is larger than what is found in many nations security and prevent them from being victims of immoral
worldwide. activities. In addition to negatively affecting the offender's
well-being, Ramadikela (2008:5) asserts that "not providing
According to Steinberg (2005), "each inmate would enough space for accommodation has a significant impact
have an average of only 2m² of floor space due to the on the implementation of rehabilitation programs."
overcapacity of more than 74 000 inmates in South African
correctional facilities at the time." In addition to arguing that This might happen when criminals who need to be
"the issues surrounding prison conditions are piercing the concentrating on programs that can benefit them instead
public consciousness, and once there is ignorance or denial, worry about their health and give their rehabilitation very
a new shift in thought is taking place and all courts that have little thought. According to Muthaphuli (2008:144), "there is
been traditionally fearful of tackling sensitive issues, such as no doubt that they will find it comfortable and focus on
these have begun to sit up and act," Brivika (2006:35) the positive aspects of their lives" if offenders are given
predicted that the overcrowding problem would get worse adequate space to meet all of their needs. The Department
and that “the issues surrounding prison conditions are must make sure that the accommodations satisfy the needs
piercing the public consciousness, and once there is of all offenders in order to prevent such issues.
ignorance or denial, a new shift in thought is taking place
and all courts that have been traditionally fearful of tackling  Offenders Awaiting Trial
sensitive issues, such as these have begun to sit up and act”. According to Brunys (2007:35), in certain nations, the
Notwithstanding the lack of control in local case law, there waiting time for trials is made worse by certain regulations
are international standards on accepted accommodation combined with the existence of non-bailable legislation,
standards "A minimum floor space of 4 m2 per inmate in a which leads to overcrowding. For instance, a rule that
communal cell and 6 m2 for single cells" was established permits a 60-day detention period without trial was passed
by the Council of Europe & Committee for the Prevention of in Swaziland (Makhanya, 2011). According to Brunys
Torture and Inhuman or Degrading Punishment (1999). (2007: 35), the Criminal Procedure Second Amendment Act
According to Brivika (2006: 35), "the prescribed floor No. 85 of 1997 in SouthAfrica gives magistrates and judges
space for an inmate in 2008" should be 3.344 m2, which is the authority to issue bail in specific situations, which
what was normal since 2008. occasionally reduces the number of prisoners awaiting trial.

To regulate this institution, DCS drafted the The non-bailable Offences Act of 1998, which was
Correctional Services Act No. 107 of 2008 DCS (2008). passed in Swaziland, forbids Swaziland's courts from giving
Brivika (2006), Judge Eberhard Bertelsmann eloquently bail to anyone who have been arrested for serious offenses
describes the difficulties faced by inmates incarcerated in including robbery, murder, or rape. Many prisoners awaiting
South Africa. According to him, the mattresses are piled one trial "are detained unnecessarily," according to the South
on top of the other, with just a few inches between them. African Judicial Inspectorate of Correctional Centers' annual
Offenders can die If there aren't enough officials, the report (SAJIP 2006:28). For instance, according to the 2005
building may collapse, in addition to having sanitary report, 225 373 trial awaiting inmates roughly 18,000 per
facilities that are typically overcrowded and in poor month were taken to court but were never sent back to
condition, cells are closed up for the majority of the day. prison SAJIP (2006:28). While some offenders may have
The same is true for the electricity, hot water, and other had their charges dropped, others may have been found
creature amenities. No exaggeration is intended when it is guilty and received non-custodial sentences.
stated that, if an SPCA crammed as many animals, the
SPCA would face charges for animal cruelty if it were found Trial awaiting defendants are frequently imprisoned
to be confining animals in a cage while our correctional despite the fact that their offenses may be subject to bail
services are compelled to pack convicts into a single cell. because they are either unable to pay it because of financial
There is an immediate need to overhaul our entire hardship or are denied it because of legal limitations
sentencing and jail regimes since the crisis in our (Brunys, 2007:36). According to the SAJIP (2006:28), on 6
correctional facilities has significant constitutional February 2006 “there were almost 13 000 trial awaiting
ramifications for the entire criminal justice system Brivika inmates in South African correctional centres because of
(2006: 36). their inability to pay their bail amounts. Non-bailable
legislation and the slow delivery of justice exacerbate
"Offender accommodations must meet all requirements ongoing judicial problems such as the backlog of pending
which are adequate for offenders to be detained under cases, lengthy pre-trial detention, and continual remands in
conditions maintaining their human dignity," states custody by the courts”. It was also noted that 11 464
Ramadikela (2008:5). According to the Standard Minimum offenders had been awaiting their trials for more than six
Rules for the Treatment of offenders, the detention cell must months whilst 1 433 had waited more than two years SAJIP
be in a state that supports the offender's health and safety (2006:14). In South Africa, the average number of trial-
and have adequate room, lighting, ventilation, and sanitary awaiting inmates were 23 783 in 1995 and reached a high of
facilities. This provision of the Act mandates that offenders 64 000 in 2000 Brunys (2007:37). The latter scholar further
be divided into groups, such as those who have been states that these numbers steadily declined to 46 327 in 2005
sentenced and those who have not, males and females, “and continuing to drop due to efforts made by the police
adultsand children, in order to protect their safety and

IJISRT25JAN1192 www.ijisrt.com 2280

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

and judiciary to reduce the number of those awaiting trials” recidivism among short-term offenders, correctional
Brunys (2007:37). agencies should work together to create a standardized,
centralized information collection system. The efficacy of
According to Nxumalo (2016), spokesman for the treatments that appear to be meant to prevent recidivism
DCS, at the end of the 2015/2016 financial year a quarter of must be closely assessed by correctional services.
inmates who were incarcerated in South Africa in that Correctional services should maximize the length of time
period were detainees. Actions such as releasing trial- that violent and dangerous offenders are confined when
awaiting inmates on warning, affordable bail settlements and working with them. Offenders who do not represent a risk to
the proclamation of higher amounts for admission of guilt public safety should, whenever feasible, not be imprisoned.
fines assisted in achieving this goal.
 The White Paper on Corrections
Many people think that correctional facilities are The 1994 White Paper was substituted with the 2005
essential for reducing crime, however jail overpopulation is White Paper on Corrections by parliament in November
a major issue. According to the National Institute of Justice, 2004. According to the Department of Correctional Services
riots and other violent behavior cost the jail system billions (2005b:13), the 1994 White Paper had the following
of dollars annually, making overcrowding one of its most inadequacies, amid others:
critical issues. Without a doubt, jails and incarceration are
insufficient to solve South Africa's crime issue. Prisons are  It did not focus on correction and rehabilitation in South
not the answer; we need to rethink how we can handle Africa and, in particular, the role of the Department in
criminal activity. these services.
 Short-Term Incarceration  It lacked a positive approach to the erection and
Brunys (2007:36) maintains that short-term inmates are procurement of facilities to ensure alignment with the
usually offenders who are sentenced for a period of objectives of rehabilitation.
incarceration of less than two years. Moreover, short-term  It lacked a long-term vision on policy with regard to
incarceration has the likelihood of destroying the issues such as a public-private partnership policy.
community’s support for an offender who may lose his/her  It did not address important issues relating to human
job, residence and partner and become less employable resources that are critical to the implementation of the
Brunys (2007:36). Smit, Goggin and Gendreau (2002) Department’s new rehabilitation center system.
indicate that short sentences are not effective in reducing  It did not set out a clear departmental role in
crime, and neither are they effective in containing contemporary government initiatives, including
population growth in correctional centres. These academics corrections in the African Union, the Moral
also assert that the elimination of sentences less than six Regeneration Movement, sustained growth and
months has been a topic of political and scholarly discussion development, and the National Crime Prevention
for many years in many nations. According to Tonry, who Strategy.
was quoted by McGinty (2002:27), "short sentences are  It lacked consistency in the use and understanding of key
ineffective and problematic in the context of recidivism." terminology and definitions in a way that is user-friendly
Additionally, this researcher discovered that in cases where and consistent with the philosophy of corrections.
short sentences have been abolished, courts are slightly
more likely to impose longer sentences.  In 2014, Makabetse Sekhonyane published an article
entitled “First things first:
To support his argument, Tonry (Ibid) cited Western Rehabilitation starts with alternatives to prison” in
Australia as an example, noting that since October 2001, the which he wrote: “The White Paper of 2005 focuses on the
population of adult correctional centers in this region of correction of offending behaviour, the development of the
Australia has decreased by 11% due to legislation that, offenders, security (for both offenders and officials), care of
among other things, abolished correctional sentences shorter offenders (health, physical and psychological needs),
than six months (Daley, 2003:1-2). Because short-term facilities and aftercare” Sekhonyane (2004). According to
offenders are only detained for a brief period of time, it is the South African Yearbook (2006/07: 415), the White
challenging for vocationalists like psychologists, social Paper of 2005 addresses the notion of rehabilitation and the
workers, and spiritual counselors to positively influence fact that rehabilitation as well as social reintegration remain
these inmates' likelihood of reoffending in the future the chief responsibilities of the authorities.
(Brunys 2007:40).
 Role of Officials
The John Howard Society of Alberta (2002:3-4) also Officials are to ensure that rehabilitation of offenders is
argues that there is no definite indication that correctional taking place according to the nature of their crimes they
efforts will have any effect on the probability of future incarcerated for. The main focus being on correcting of
recidivism amongst short-term offenders. offender behaviour and the development of offenders both
internally and once released externally. They also need to
According to the JHSA (2002:12), the following may ensure the physical safety, health, hygiene, accommodation,
have a beneficial effect on short-term offenders' recidivism nutritional, clothing and bedding, exercise and psychological
rates. To identify the risk factors for criminal activity and needs are catered for. Most importantly they are to ensure

IJISRT25JAN1192 www.ijisrt.com 2281

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

offenders maintain and build relationships with their family the greatest prevalence of incarceration (629 per 100,000),
and communities. Officials are unable to perform their followed by Rwanda (580), Turkmenistan (576), El
duties well when there is a shortage of officials, this Salvador (564), and Cuba (510). To put this into perspective,
compromises safety for both officials and offenders. The on any given day, there are 140 prisoners for every 100,000
Department is then to ensure steps are taken to avoid such. people worldwide. In certain locations, enormous numbers
have been reported. Over the past two years, the number of
Officials are to refrain from doing favours for inmates in 24 of India's 28 states which account for about
offenders or smuggling with them as this in turn can cripple 84% of the country's total jail population has surged by 14%
the whole rehabilitation system. They are also to avoid as a result of more arrests, court delays for applications, and
building personal relationships with offenders as this can suspension of regular court proceedings. Turkey's prison
compromise security. population has grown 130% in the last ten years, from 128
000 in 2010 to 295 000 at the end of 2021. Restrictions in
Rehabilitation and social reintegration remain the sole contrast, data from 2021 revealed that Switzerland had the
responsibility of officials. lowest rate of incarceration in a decade, with an 8.4% drop
between 2020 and 2021, maybe as a result of pandemic-
 The Role of Offenders related.
Offenders are to ensure they abide by the prison rules
and regulations, this in turn will assist them to positively The COVID-19 pandemic has undoubtedly contributed
partake in the rehabilitation programs offered at the centre. to some of the fluctuations in prison population numbers
They are to refrain from becoming involved in gangsterism, over the past two years, either directly through extensive
smuggling and any type of assaults on other offenders or the exceptional release policies aimed at decluttering
people who are there to render rehabilitation services to correctional facilities or indirectly through shifts in the types
them the officials. of offenses being committed or a slowdown in the legal
system and the ensuing attempts to clear court backlogs.
Offenders must take full advantage to the services
offered by Correctional Services to assist them to change It is now evident that COVID-19 has not led to a
what is wrong in their behaviour to that which is right, in general decrease in the number of people incarcerated
turn this will enable them to be released safely back into worldwide, over four years after the pandemic began. Due to
their communities of origin and becoming model citizens of courts which were not functioning normally during the
the community and the country at large. epidemic, fewer people were admitted to correctional
facilities, which led to lower incarceration rates in various
 The Importance of Prison Overcrowding countries. The criminal justice system is greatly impacted by
Overcrowding is a powerful driver of dissatisfaction, the massive backlog of cases that many nations' courts
stress, and crime; it makes offenders more violent and continue to handle.
irritated. Gangsters smuggle drugs more readily in such
conditions of overcrowding because there is a relatively Court delays have been exacerbated in Ireland, for
shortage of staff to monitor them. Hence, cells and inmates instance, where correctional facilities dealing with active
are not searched properly on a regular routine. Offenders lockdowns are not taking in new inmates because staff
who are not happy with their cell mates become stressed and members are unable to escort inmates to court. Due to
many try to injure themselves, especially if a certain gang COVID-19-related constraints, about 20,000 court
rules a cell or section and the offender does not want to appointments in New Zealand have been delayed.
become a gang member. Sexual violence has also become a
norm in most correctional centres, particularly in The populations of 83% of the jails sampled in May
overcrowded facilities where offenders are accommodated 2020 and February 2021 grew, and by December 2021, 28%
in communal cells. Inmates who are excluded from gangs of them had larger populations than they had before due to
are generally afraid of gang members. the pandemic. Early changes to alleviate COVID-19 have
been largely abandoned, and data indicates that the majority
The families of the offenders are also extremely of the population declined during the pandemic are
important in helping to rehabilitate the whole system, the attributable to fewer jail admissions rather than targeted
correctional system can give offenders’ families the decongestion initiatives.
opportunity to have an input into an offender’s rehabilitation
needs. It can separate an offender from a criminal Additionally, South Africa is having difficulty
background or give a family respite from a difficult or reducing the congestion in its correctional facilities, where
dangerous family member. some facilities are up to 248% overcrowded. In a
parliamentary response, Ronald Lamola, the ex-Minister of
The prison population in the world continues to Justice and Correctional Services, said that the overcrowded
increase. There are many countries with no official statistics capacity of the nation's correctional facilities is 33%.
in the world, the World Prisons Brief show that are over 11.5 Correctional facilities in the Eastern Cape lead the pack with
million people are incarcerated worldwide. Of these, at least 63%, followed by those in the Western Cape with 49%, and
1.69 million are in China, 811 000 are in Brazil, and over 2 those in Gauteng with 45% overcrowding. According to the
million are in the US. The United States continues to have Judicial Inspectorate for Correctional Services (JICS),

IJISRT25JAN1192 www.ijisrt.com 2282

 Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

overcrowding has long been an issue in South African individuals place on daily life. Qualitative research makes
correctional facilities. up for the limitations on how people can talk or how their
voices are not directly heard in quantitative research, which
III. THE CASE OF OVERCROWDING IN SOUTH are disadvantages.
AFRICA
The study made use of interview schedules which were
 Research Methods administered by the researcher to the respective participants,
Exploratory research is research that looks at a to collect the required data, that was given to 15 participants.
problem that isn't well-defined. The researcher used an An interview schedule referring to a list of structured
exploratory research design for this study because it has the questions which was prepared was given to the participants.
benefit of being detailed in rich qualitative information that It serves as a research tool to collect information from
offers insight for further research as well as allowing respondents. This study used the Medium A and Medium B
investigation of situations that would otherwise be cases from the Pietermaritzburg Correctional Centre as its
impractical or unethical Bless (2013: 7). A division of the exploratory cases. The research strategy was found to be
South African government is the Department of Correctional effective in achieving the desired goals. The researcher met
Services. It is in charge of the running of the South African with each participant individually. Additionally, before the
prison system. The political head of the Department is the actual interview started, each participant was given a
Minister of correctional services Dr Groenewald, who is consent form and a letter of information in order "to abide
supported by the Deputy Minister. Since July 2024. The by the ethical requirements of the professional institute"
department has about 34 000 staff, and 240 correctional Saunders, Phillip, and Adrian (2012).
centres throughout South Africa which accommodate
approximately 189 748 offenders. These offenders are made  Analysis of Data and the Interpretation Thereof
up of different security categories such as minimum, This section provides an overview of the analysis and
medium, and maximum which include male, female, and conclusions reached after utilizing NVivo to analyse all the
juvenile offenders. Currently at the Pietermaritzburg New data gathered from the interviews. The main findings and
Prison the approved accommodation for the total number of conclusions were discussed. After spending time gathering
offenders is 1493, currently they have 1223 remand the raw data from the Department of Justice,
detainees and 1960 sentenced offenders which leaves them Pietermaritzburg Medium A, and Medium B correctional
with a current population of 3183 offenders and at 194.90% facilities, the NVivo software was used to interpret and
overcrowded, this information was obtained from the Pmb analyse the data. The impact of the overcrowding of short-
management area lock up totals on 28 June 2023. The term offenders and remand prisoners from Pietermaritzburg,
second prison where data was obtained is Pietermaritzburg KwaZulu-Natal, South Africa, is the main topic of
Medium B, as of 4 July 2023 they have 437 offenders with discussion.
approved accommodation of only 316 offenders, they are
currently overcrowded by 38.29%. On the first day collecting data at Pietermaritzburg
Medium A, on 28 June 2023, the approved bed space was
This study looked at a number of issues related to recorded at 1493, meaning that this is the actual number of
prison overpopulation that the Department of Correctional offenders who can be accommodated for both sentenced and
Services is facing. The in-depth investigation into the remand categories at the centre. Shockingly, the centre had
different dynamics that directly and indirectly contribute to an unlock of 3183 on this day. Broken down, this means that
overcrowding in South African correctional facilities will there were 1960 sentenced offenders and 1223 remands. The
highlight the complex interplay between socioeconomic centre was overcrowded by 113.19%. In the afternoon, the
causes and how politicians will solve issues will be lock-up total had also increased; they locked up with 1965
examined. The qualitative metrics employed in this study sentenced offenders, and 1225 remands, and a further 2
assisted in grasping the complex phenomenon of offenders were admitted in outside hospitals, leaving them
overcrowding in South African correctional centres. The with a total of 3192 compared to the 3183 in the morning.
prison experiences of correctional services were closely Thus, by the afternoon, the percentage of overcrowding had
scrutinised. That is, the constructs of the rehabilitation increased from 113.19% to 113.79%.
centre staff and offenders were used in the engagement and
motivation, successful acquisition of knowledge, and On the first day of collecting data from Medium B
institutional support will drive the data collection processes. Correctional centre, on 5 July 2023, there was an approved
bed space of 316 offenders. The centre was, however, filled
Gay, Mills, and Airasian (2006) offer a qualitative with 444 offenders, leaving them with a 40.51%
research project design where a qualitative approach can overcrowding percentage.
only be able to provide a complete knowledge of the
underlying phenomena. Inductive reasoning or argument is The process of data collection revealed that the
used in qualitative research to create concepts, insights, and situation was far worse than expected.
knowledge from data patterns. It also employs an emic
perspective of inquiry, which derives significance from the
standpoint of the topic. Ideographic in nature, qualitative
research seeks to comprehend the significance that

IJISRT25JAN1192 www.ijisrt.com 2283

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

IV. DEFINITIONS OF QUALITATIVE TECHNIQUES USED WITH DIAGRAMS

 Word Clouds Definition and Diagram

The most commonly used terms are displayed as word clouds. The font size indicates how frequently a word was used. This
aids in locating important topics or areas.

Fig 1: Word Cloud Diagram of all Respondent Interviews Demonstrating the Most Frequent Words Identified in the Study

 Cluster Analysis Definition and Diagram

Bubble charts were employed. These diagrams use "bubbles" to represent the data (keywords). The frequency of words and
references increases as the bubble size increases. Additionally, the proximity of the bubbles indicates a link between those terms.

IJISRT25JAN1192 www.ijisrt.com 2284

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

Fig 2: Cluster Analysis Diagram of all the Respondents’ Interviews Identified During the Study

 Word Trees Definition and Diagram

These serve to illustrate significant words and the phrases or sentences that go along with them. You may then observe how
these words relate to other words, sentences, and viewpoints. There are a number of word trees that came out during the analysis;
a few were selected.

IJISRT25JAN1192 www.ijisrt.com 2285

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

Fig 3: Word Trees Diagrams of all the Respondents’ Interviews Identified During the Study

V. DELIBERATIONS AND SUGGESTIONS  Contributes to public opinion: It can contribute to public

disclosure which can assist to shape public opinion and
The qualitative analysis and discussion of this study inform policy decisions.
has highlighted the major discoveries made through analysis  Promotion of social justice: it can promote social justice
of the data gathered. Various analytical techniques were used by highlighting the need for fair and equitable treatment
during the data analysis procedure. The study was able to of prisoners and their families.
respond to the research questions and achieve its goals
through the analysis. The study's findings have offered fresh  Restrictions
perspectives on the subject, which can be utilised to guide There are several restrictions on the study on the
further study and real-world applications. The suggestions overcrowding and its consequences in South African
for additional study were also considered. prisons, notably Pietermaritzburg. Among the restrictions
are:
VI. FORCES AND RESTRICTIONS  Small sample size: The results of the study might only be
applicable to the group of officials who took part in it.
 Forces The population of prisoners in Pietermaritzburg and
There are a number of forces which can be linked to a other locations of South Africa may not be well
study on prison overcrowding and its consequences in the represented by the sample size.
Pietermaritzburg area, which include but are not limited to  Lack of generalizability: Outside of Pietermaritzburg and
the following: South African correctional facilities, the study's findings
 Raise Awareness: It can raise awareness about the issue might not be transferable to other situations. The
and its consequences, which can lead to increased public findings might only be relevant to the socioeconomic
understanding. situation, culture, and criminal justice system of South
 Human Impact is highlighted: Human impact and the Africa.
effects on prisoners, their families and communities.  Difficulty in acquiring correct data: The study's accuracy
 Encourages critical thinking: It encourages critical may be constrained by the challenge of locating precise
thinking on the issue, including its root causes and statistics on the jail population, particularly in
potential solutions. developing nations without adequate statistical
databases.

IJISRT25JAN1192 www.ijisrt.com 2286

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

 Limited data gathering strategies: The study may custodial procedures, and pre-trial diversion programs, the
encounter issues with data collection strategies such self- issue still exists due to a lack of funding and resources.
report surveys, case file reviews, and other strategies that Increased funding for the criminal justice system, better case
are susceptible to biases and errors in reporting. management, and better inmate post-release support are all
 Limited research scope: The study concentrated urgently required to address the issue of overcrowding.
primarily on the short-term effects of overcrowding
rather than its long-term effects on prisoners and the Additionally, it is critical that the government acts to
criminal justice system. The long-term implications of alleviate the socioeconomic problems like unemployment,
overcrowding on offenders' health, rehabilitation, and poverty, and substandard housing that fuel criminal activity.
reintegration into society require further study. When By addressing these fundamental problems, we can
analyzing the study's results, researchers should take potentially reduce jail overcrowding, improve the
these limitations into account and keep generalizability effectiveness of the judicial system, and reduce the number
concerns in mind. of short-term offenders and remand detainees. Short-term
offenders and remand prisoners are overcrowded in South
The article was only conducted in one management African prisons, particularly Pietermaritzburg, and the
area in KwaZulu-Natal (KZN) Province, the problem is complicated and multifaceted. Addressing the
Pietermaritzburg management area. KZN consists of a total core causes of overcrowding and promoting human rights,
of 7 management areas in the Correctional Services context, rehabilitation, and reintegration of prisoners back into
which have a number of correctional centres falling under society requires a joint and ongoing effort from all parties.
each management area. There are also 6 provinces in
Correctional services and the article is based on one of them. REFERENCES

VII. CONCLUSION [1]. Ahmad, K. 2009. The memories of imprisonment.

Lahore: Manshurat Publications.
The researcher gathered information on two groups of [2]. Amnesty International, 2013. The state of world human
offenders: those serving short sentences and those being rights. London: Peter Benenson House.
held on remand. The study was conducted to highlight the [3]. Anderson, A. and Achipelago, C. 2018. The Pains of
true worrisome incidence of overcrowding in the Imprisonment: A Historical Sociology of. Leicester:
Pietermaritzburg Management Area, which includes two University of Leicester.
correctional facilities. The department of justice was also [4]. Atabay, T. 2015. Handbook on strategies to reduce
included in the study because it is a significant cause of the overcrowding in correctional centres. 3rd ed.
overcrowding epidemic. Barcelona: Word Press.
[5]. Aus, A. 2020. Handbook of International Law.
The Department of Justice and the Department of Cambridge: Cambridge University.
Correctional Services, the two primary stakeholders, were [6]. Bartollas, C.F. 2021. Correctional Treatment: Theory
questioned. A long-standing problem in the criminal justice and Practice. New Jersey: Prentice Hall.
system of South Africa is the overcrowding of short-term [7]. Bertram, C. and Christiansen, I. 2014. Understanding
offenders and remand inmates, which has serious research. Hatfield, Pretoria: Van Schaik.
ramifications for the welfare of people impacted, as well as [8]. Bhorat, H., & Lilenstein, A. 2019 May 12. The socio-
the larger society. Since the local jail system has failed to economic determinants of crime in SA: Development
handle the recent increase of inmates, this issue has been a policy research unit. Retrieved from Google Scholar:
serious worry for law enforcement officials and lawmakers Bless. C. 2013. Fundamentals of Social Statistics: An
in the city of Pietermaritzburg. In this chapter, the study African Perspective (5th ed) Cape Town.
looks at the factors that contribute to Pietermaritzburg's [9]. Botha, A. 2015. Offender risk assessment: Guidelines
prison overcrowding, analyses its effects, and offers for selection and use. Criminal Justice and Behaviour.
solutions. The study aimed to discover significant solutions Incomplete
that can enhance the lives of people who are negatively [10]. Brierly, J. L. 2015. The law of nations: An Introduction
impacted by overcrowding while also encouraging more to the International law of peace. Glasgow: Oxford
effective and humane responses to crime and criminal University Press.
justice in South Africa, through a thorough investigation of [11]. Bruyns, H. 2017. The impact of prison reform on the
the current status of the prison system. inmate population of South Africa - Doctoral thesis.
Unisa.
Short-term offenders and remand prisoners are [12]. Carlie, I. 2020. Prisons around the world: Studies in
overcrowding South African jails, particularly in International. Washington: Brown Publishers.
Pietermaritzburg, and this problem needs urgent solution. [13]. Coetzee, W. and Loubser, C. 2018. Correctional
Inmates who are overcrowded in prisons suffer grave Services in Focus Cape Town: Hodder & Stoughton.
repercussions, including poor living circumstances, higher [14]. Creswell, J. W.and Creswell, J. D. 2018. Research
violence risks, limited access to healthcare, and reduced design, qualitative, quantitative, and mixed methods
involvement in rehabilitation and reintegration programs. approach (5th ed). California. SAGE.
Despite initiatives to reduce congestion, including the [15]. Criminal Law Amendment Act No. 105 of 1997.
construction of new facilities, the implementation of non- Criminal Law Amendment Act. Pretoria: GCIS.

IJISRT25JAN1192 www.ijisrt.com 2287

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

[16]. Currie, I. and De Waal, J. 2018. The Bill of Rights [38]. Minister Ronald Lamola. 2019. Remission of sentences
Handbook. Cape Town: Juta & Co. to ease overcrowding in DCS facilities. Day of
[17]. Department of Correctional Services. 2005. White Reconciliation (pp. 1-3). Pretoria: GCIS.
Paper on Corrections. Pretoria: GCIS. [39]. Minister Ronald Lamola. 2020. Special Coronavirus
[18]. Department of Correctional Services. 2006. Offender COVID-19 parole dispensation statement. Pretoria:
Development and Care Policy. Pretoria: GCIS. GCIS.
[19]. Department of Correctional Services. 2013. Draft [40]. Ministry of Foreign Affairs and Trade.2019. African
white paper on remand detention and management in Union Commission. New Zealand: African Union
South Africa. Pretoria: GCIS. Handbook.
[20]. Department of Correctional Services. 2017. [41]. Murray, R. 2014. Human rights in Africa: From the
2013/2014-2016/2017 Strategic Plan. Pretoria: GCIS. OAU to the African Union. Cambridge: Cambridge
[21]. Department of Correctional Services. 2021. Press.
Correctional Service Regulations. Pretoria: GCIS. [42]. Muthaphuli, P. 2018. Offenders’ rights with regard to
[22]. Department of Correctional Services. 2017. rehabilitation in South Africa. Unpublished
Department of Correctional Services 2016/2017 dissertation. Unisa, Pretoria.
Annual Report. Pretoria: GCIS. [43]. Muthaphuli, P. 2018. The prison Conditions in South
[23]. Department of Correctional Services. 2021. Annual African Correctional Service Centres. Pretoria: UNISA
Report on overcrowding in South African correctional Press.
centres. Pretoria: GCIS. [44]. Rania, N. Migliorini, L. and Coppola, I. 2020. A
[24]. Department of Correctional Services. 2022. 1997 Qualitative Study of Organizational and Psychosocial
Annual Report. Pretoria: GCIS. Factors in the Burnout of Italian Correctional Officers"
[25]. Devenish, G. 2015. A commentary on the South [45]. Nkosi, N. P. 2020. The impact of correctional centre
African Bill of Rights. Durban: Juta & Co. overcrowding on rehabilitation of offenders: A case
[26]. Dugard, J. 2015. International law: A South African study of Durban Westville Correctional Centre.
perspective. Cape Town: Juta & Co. Durban: University of KwaZulu-Natal.
[27]. Giffard, C. and Muntingh, L. 2018. The effect of [46]. Republic of South Africa. Correctional Services Act
sentencing on the size of the South African prison 111 of 1998.
population. Open Society Foundation for South Africa, [47]. Republic of South Africa. The Criminal Procedure Act,
4-6. 1977 Act 51 of 1977.
[28]. Gleeson, K. 2017. March Worldwide Influence of the [48]. Schreuer, C. 2022. Sources of International Law:
Universal Declaration of Human Rights and the Scope and Application. Emirates lecture series 28. Abu
International Bill of Rights. Retrieved from universal Dhabi: Emirates Lecture Studies
rights: [49]. Schrifter, R. 2015. Human Rights at the United
http://www.universalrights.net/main/main/world.htm. Nations: The South African precedent. Washington:
[29]. Heard, C. 2019. Toward remand detainees a health- American University International Law
informed approach to penal reform? Evidence from ten [50]. Shearer, I. 1994. Starke International Law.
countries. 2 ed. Washington DC: Word Press. Butterworth: London.
[30]. Landman, C. 2016. The Incarcerated body: Judicial [51]. Siegel, L. 2015. Juvenile Delinquency; Theory,
Inspections, human rights, and religions policy in Practice and Law. St. Paul, Minnesota West.
South Africa. Studia Historiae. [52]. South Africa. 1996. The Constitution of the Republic
[31]. Luyt, W. 2020. Unit Management and Legal principles of South Africa as adopted by the Constitutional
in prisons. Pretoria: UNISA Press. Assembly on the 8 May 1996 and amended on 11
[32]. MacDonald, M. 2018. Overcrowding and its impact on October 1996. Pretoria: Government Printers.
prison conditions and health. (2nd ed). Birmingham: [53]. South Africa. 1998. Correctional Services ACT No.
Emerald Publishing Limited. 111 of 1998. Pretoria: GCIS.
[33]. Mansell, W. and Openshaw, K. 2013. International law: [54]. South Africa. 2005. Commissioner of Correctional
A critical Introduction. Oxford: Hart Publishing. Services. White Paper on Corrections in South Africa.
[34]. Matshaba, T. 2019. Imprisonment in South Africa Pretoria: GCIS.
under maximum security conditions - the new [55]. Stats SA. 2022. Crime rate in South Africa 2022.
millennium. Unpublished MTech dissertation. Unisa, Pretoria: CSIR.
Pretoria. [56]. Stratton, J. 2019. An overview of legal instruments and
[35]. Mays, L. 2015. Wadsworth, T. Essentials of other measures to aid in protection and valuation of
corrections. Belmont: Indigenous knowledge. Sydney: Legal information
[36]. McLeod, S. A. 2018. Questionnaire: Definition, Centre.
examples, design and types. Simply [57]. United Nations. 2015. Charter of the United Nations
Psychology.www.simplypsychology.org/questionnaires and statute of the international court of Justice. San
.html Francisco: United Nations Publications.
[37]. Mills A. J. 2020. Encyclopaedia of case study research. [58]. Van Heerden, M. 1996. The 1996 Constitution of the
Thousand Oaks. Sage Publications. Republic of South Africa: Ultimately supreme without
a number. Pretoria: GCIS.

IJISRT25JAN1192 www.ijisrt.com 2288

Volume 10, Issue 1, January – 2025 International Journal of Innovative Science and Research Technology
ISSN No:-2456-2165 https://doi.org/10.5281/zenodo.14862888

[59]. Watson, 2018. Imprisonment today and tomorrow:

International perspectives on prisoners’ rights and
prison conditions. Kluwer Law International.
[60]. Willemse, R. P. 2018. An investigation into the South
African correctional officers’ lived experiences of their
work and the employee assistance programme and
meaning thereof. Unpublished Doctor of Philosophy
thesis. Unisa.

IJISRT25JAN1192 www.ijisrt.com 2289