The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology / (D. Litt et Phil.(Penology))

Incarceration of offenders has been relied upon as the dominant sentence option through the years to address the objectives of punishment. Research has shown that the above-mentioned approach does not match the current lifestyle anymore. Correctional centres (prisons) not only in South Africa, but across the board are faced with the same challenge. This is of course not a problem of the Department of Correctional Services alone, but that of the entire justice system. It is therefore obligatory for Justice to join hands with society in accordance with the White Paper on Corrections in South Africa (2005:63-68). Playing a major role in all above-mentioned bodies is Parliament, without which the whole justice system would not exist, let alone functioning. The victims of crime would most probably not condone any soft approach towards treating offenders, worse with alleviating overpopulation by releasing inmates from correctional centres. It is the researcher's submission that the effects of overpopulation coupled with inmate's human rights, as entrenched in the Constitution becomes the major driving force to address overcrowding in our correctional centres. / Penelogy / (M.A. (Penelogy))

Incarceration of offenders has been relied upon as the dominant sentence option through the years to address the objectives of punishment. Research has shown that the above-mentioned approach does not match the current lifestyle anymore. Correctional centres (prisons) not only in South Africa, but across the board are faced with the same challenge. This is of course not a problem of the Department of Correctional Services alone, but that of the entire justice system. It is therefore obligatory for Justice to join hands with society in accordance with the White Paper on Corrections in South Africa (2005:63-68). Playing a major role in all above-mentioned bodies is Parliament, without which the whole justice system would not exist, let alone functioning. The victims of crime would most probably not condone any soft approach towards treating offenders, worse with alleviating overpopulation by releasing inmates from correctional centres. It is the researcher's submission that the effects of overpopulation coupled with inmate's human rights, as entrenched in the Constitution becomes the major driving force to address overcrowding in our correctional centres. / Penelogy / (M.A. (Penelogy))

The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology and Security Science / (D. Litt et Phil.(Penology))

This report is the culmination of literature study and semi-structured interviews which assisted in developing a Model for Implementation of Restorative Justice in the South African Correctional System. The study explores the use of Restorative Justice as part of rehabilitation in a prison setting. Literature focuses mainly on Restorative Justice as part of diversion, in cases of first offenders and less serious offences. Restorative Justice with sentenced offenders has been gaining momentum, though. Diversity in terms of language, cultural and religious practice as well as social background, should be considered as it affects the decision to enter into a Restorative Justice process. Restorative Justice with sentenced offenders is challenging and in the main a largely unsupported field. The study draws on experience from other countries, while at the same time advocate for uniquely South African practice. The involvement of the most important role players, namely victim, offender and the community is emphasized. Attitude and insufficient training seem to be some of the challenges for the implementation of Restorative Justice. Successes are reported in the few sites where Restorative Justice is implemented in the Correctional System, but a change of mindset, of being open to possibilities other than lock-up and punish in the entire Criminal Justice System is needed. Restorative Justice in the Correctional System seems to have been approached as yet another new programme, and not as a paradigm shift for the entire Criminal Justice System. Dealing with conflict in a restorative way should be at the front end of the chain, with young children whose behaviour can be directed, as changing behaviour of adults proves to be difficult. Repentance and forgiveness in different cultures and spiritual backgrounds are some of the issues that are grappled with, although forgiveness is nowhere indicated as a requirement for a successful Restorative Justice process. Voluntary participation is required from victims and offenders with support from communities. It remains a deeply spiritual and individual journey for those who choose to turn away from anger, fear and hatred, and start the process of personal healing and restoration. Restorative Justice with sentenced offenders can assist in dealing with the aftermath of crime. / Penology / D. Litt. et Phil. (Penology)

In this research project the overcrowding problem in South African prisons will be analysed as well as the influence it had on the rehabilitation of offenders. The problem of overcrowding in South Africa's prisons is very clear when the approved accommodation of a prison is compared with the actual number of prisoners incarcerated. Prison sentences are a favoured form of punishment throughout the world. More and more people seek alternatives to incarceration in order to reduce prison overcrowding. The time to finalize criminal cases, releases on bail, the abolishment of minimum sentences and better utilization of community based sentences are some of the issues which can reduce overcrowding. One of the concepts that was implemented to establish rehabilitation within prisons was Unit Management. The number of prisoners incarcerated makes it difficult for Unit Management to be effective. In some cases prisoners are kept under inhumane conditions which is a violation of the Constitution of South Africa. Currently the morale of members of Correctional Services is very low and this has an influence on the way in which they treat prisoners. These members are supposed to be an example to prisoners but instead their bad behaviour has a negative influence on prisoner's discipline. Correctional Services goal is to make every member a rehabilitator but overcrowding will first have to be reduced. Individual attention to prisoners is one of the building blocks of Unit Management but overcrowding of prisons creates a member/prisoner ratio which is far too high to be effective with rehabilitating prisoners. Community based sentences can also be utilized more frequently by the courts. It can better rehabilitation possibilities and through this the objectives of punishment are met. In the past the focus of South African Law was on the criminal. With the Correctional Services Act (Act 111/1998) this focus was shifted to the victim as well. Both these parties can now come together and discuss the offence as well as the influence it had on the victim. This is called restorative justice and it helps the offender with re-integration into the community. / Criminology / D. Litt. et Phil. (Penology)

This dissertation is the culmination of extensive literature study on the application of Restorative Justice in the South African Correctional System. International and national resources on the application of Restorative Justice both in Corrections and as pre-sentence option had been studied. The background of the penal system and the development of Restorative Justice as part of the Criminal Justice System are investigated by looking at ancient practices, indigenous and modern practices. The study intends to draw on experience from other countries, while at the same time advocate for the development of a uniquely South African model or practice. The role of the most important stakeholders, namely victim, offender and community is emphasized with reference to the challenges that offenders face in terms of reintegration and the lack of resources in communities to enable them to honour Restorative Justice agreements. / Criminology / M. A. (Criminology)

Text in Afrikaans / Gevangenis oorbevolking is ʼn probleem waarmee die Suid-Afrikaanse korrektiewe stelsel reeds vir baie jare worstel. Suid-Afrika is een van die lande met die hoogste gevangenis bevolking in die wêreld. Een van die grootste probleme wat tot die situasie bydra, is die aantal oortreders wat nie in staat is om borg te betaal nie. ʼn Ander probleem is die aantal verhoorafwagtendes wat in aanhouding is. Die Suid-Afrikaanse Witskrif van die Departement van Korrektiewe Dienste, is vasberade om die rehabilitering van die oortreder te bevorder. Die fokus van die studie wentel om die rehabilitasie van die oortreder en die vraag of hierdie doelwit binne die korrektiewe stelsel haalbaar is. Heelwat klem word op die noodsaaklikheid van alternatiewe vonnisse geplaas asook rehabilitasie as strafoogmerk tydens vonnisoplegging. Dit is die navorser se mening dat die korrektiewe stelsel nie die geskikste plek is vir die rehabilitering van die oortreder nie. / Criminology / D. Litt. et Phil. (Penology)

The aim of this dissertation is to place the phenomenon of the overpopulation of South African prisons in perspective and to rectify the current situation in search of possible solutions. Since 1981, when this phenomenon reached unmanageable proportions, government has made numerous amnesties. This was only a short-term alleviation of the problem due to the high levels of recidivism. Correctional supervision as a sentence option was advocated by both the Lansdowne and Viljoen Commissions, enacted during 1986 and finally implemented during 1991. Initial expectations soon became blurred by factors such as insufficient development programmes and specialised personnel, enormous caseloads and the exclusion of supervision cases from development programmes. This study endeavours to analyse the current application of correctional supervision to determine the stumbling blocks and to create a foundation for new perspectives and possible solutions. / Penology / M.A. (Penology)

The Constitution of the Republic of South Africa guarantees every person a fair trial; the right to a fair trial right trial must begin and conclude within a reasonable time and without undue delay. Internationally the same guarantees and protections are available to unconvicted suspects. However, the South African criminal justice system lacks behind internationally and falls short of promoting these guarantees. Investigation was done on delays in commencing and finalising trials in light of constitutional provisions, the consequence and the impact of the delay with discussion on prison conditions and overcrowding with reference to the Constitutiton, legislation and case law. Delayed trial, prison overcrowding and poor prison conditions are still an issue in South Africa and there needs to be positive change to enforce and practice prescribed directives. South Africa‟s justice system through its servants, need to do more to gain a higher status of having a constitutionally democratic country that fully promotes‟ rights of detainees. / Criminal & Procedural Law / LLM