Groenewald's strategy to address prison overcrowding by repatriating 27,000 foreign nationals

Correctional Services Minister Pieter Groenewald has announced that his department is initiating the repatriation of approximately 27,000 foreign nationals currently imprisoned in South Africa. 

Groenewald emphasised that overcrowding in remand detention facilities is a critical issue, with some prisons operating at over 200% capacity.

Foreign nationals contribute significantly to the strain on the system, and efforts are underway to repatriate them to their countries of origin. 

Groenewald was responding to questions from members of Parliament during a sitting of the Peace and Security Cluster on Tuesday, where he addressed issues surrounding overcrowding.

The Minister detailed efforts to reduce overcrowding, including the use of Section 63A of the Criminal Procedure Act, which allows the release or amendment of bail conditions for certain accused persons as a relief mechanism..

He explained that the criteria for applying Section 63A include accused persons who have been granted bail but are unable to pay the required amount and who are not detained for other offenses.

In the first quarter of 2025, the department referred 2,533 cases for possible release under Section 63A, with only 409 applications, or 16.15%, being successful. This success rate increased in the second quarter, where 2,362 cases were referred, and 506, or 21.42%, were successful.

Groenewald noted that despite these efforts, the ultimate decision on whether to release a detainee lies with the courts, not with the Correctional Services Department.

ANC MP Mzwanele Sokopo, asked how the department plans to strengthen the consistent use of Section 63A.

Groenewald explained: The ultimate decision lies with the court."

Democratic Alliance (DA) MP Jonho Engelbrecht asked how the department intends to systematize the application of this provision in collaboration with the judiciary and the South African Police Service.

Groenewald reiterated the department has been meeting quarterly with the Department of Justice, the National Prosecuting Authority (NPA) and judiciary.

ActionSA MP Dereleen James also weighed in: "South Africa cannot continue with the situation where our prisons face overcrowding levels up to 220%, driven by foreign nationals whose upkeep is being funded by law-abiding citizens."

Groenewald clarified that it involved the coordination with the Department of International Relations and Cooperation (DIRCO).

“I am on record to say we’re in the process to see what we can do to repatriate them back to countries of origin," he said.

Minister Groenewald highlighted the substantial cost to taxpayers, costs state over R463 per day per detainee and that the number of remand detainees increased to between 58,000 and 59,000.

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