Concerns raised over proposed fund to help poor awaiting-trial prisoners

The Portfolio Committee on Correctional Services has raised concerns about the potential implementation of a Bail Fund for South Africa.

Introduced by the Judicial Inspectorate for Correctional Services (JICS), the Bail Fund is designed to assist those awaiting trial who have been granted bail, yet face financial barriers preventing their release.

Currently, 2,613 detainees or "prisoners of poverty" who have been approved for bail set at less than R1,000 but are unable to pay.

Committee chairperson Kgomotso Anthea Ramolobeng, said broader public engagement was necessary before any further steps are taken. 

During the session on Tuesday, JICS revealed plans for a pilot project, likely to be launched in the Western Cape, aimed at assessing the operational viability of such a fund.

However, it was indicated that individuals charged with certain serious crimes, such as gender-based violence, would be excluded from benefiting from the fund.

The initiative intends to support only those defendants identified by the courts as non-threatening, who have a reliable home address, and pose no risk to public safety or state witnesses while out on bail.

Ramolobeng acknowledged that while there is consensus on the need for the fund, committee members are wary of community sentiments towards reintegrating awaiting trial offenders, expressing that many community members harbour fears of re-offending.

"During our recent oversight visits to correctional facilities, we observed numerous detainees, including juveniles, who had low bail amounts set. Upon inquiry, families often refused to pay even these small sums, believing that the youths stirred trouble in their communities," she explained.

An essential aspect of the discussion was the plan for monitoring those released on bail.

Concerns were raised about how re-offending would be tracked, as well as the implications should bail money be forfeited if families are unable to pay or if offenders violate their bail conditions.

Ramolobeng noted that "the committee is keen to understand how JICS will ensure compliance and prevent further offences while released on bail." 

The committee encouraged JICS to continue collaborating with key partners, including the South African Police Service and the National Prosecuting Authority (NPA).

Ramolobengsaid the committee will monitor this space and engage JICS and other stakeholders once it has sight of a more comprehensive plan.

IOL