Parole release numbers set to rise as lockdown arrests continue

The number of Covid-19 infections in correctional facilities has been climbing steadily since April when Spotlight first reported on concerns raised by civil society organisations and prison rights activists over safety measures to prevent virus transmission in these facilities.

By Tuesday 16 June, the Department of Correctional Services (DCS) confirmed in a media update that there were 1,622 Covid-19 infections in correctional facilities across the country. Of these infections, 623 were correctional staff members and 999 were inmates. The update also noted a total of 12 deaths.

Zia Wasserman, the National Prisoners Co-ordinator at Sonke Gender Justice, noted the rising number of infections and deaths with concern.  

“The numbers (of Covid-19 cases) have definitely increased and seem to be increasing at quite a rapid rate. The positive cases among inmates are now higher than the positive cases among officials,” Wasserman said. “That’s concerning and we have to question whether sufficient PPE is being provided and sanitation and things like that.”

In response to questions from Spotlight, DCS spokesperson Singabakho Nxumalo outlined measures in place in correctional facilities aimed at keeping staff and inmates safe against infection.

“Correctional Services does not only provide Personal Protective Equipment (PPEs) and deep-cleaning interventions in its facilities, but we have reinforced Infection Prevention Control in all our centres. We also took a decision to employ over 600 professional healthcare practitioners in order to assist with extensive screening and taking care of the sick,” he said.

Nxumalo said no DCS facility is without hand sanitiser and that their PPE stocks are sufficient.

Up to 19,000 prisoners could be released on parole

President Cyril Ramaphosa announced in a statement on 8 May he had authorised “the placement on parole of selected categories of sentenced offenders as a measure to combat the spread of Covid-19 in correctional facilities”.

Ramaphosa said just under 19,000 prisoners could potentially be released.

“It was definitely a positive development. Civil society has been calling for it as an urgent intervention. It’s a step that has been taken by numerous countries around the world,” Wasserman said.

Justice Edwin Cameron, the Inspecting Judge for the Judicial Inspectorate for Correctional Services (JICS) told Spotlight that he also welcomed this development.

“JICS strongly affirms that bringing forward the parole dates of these prisoners will assist in alleviating some of the congestion in our correctional facilities,” he said.

Cameron had previously advised that such a step was necessary.

However, not all 19,000 who are being considered for parole will necessarily be released.

“Because it’s a parole process, that means that certain conditions have to be in place before a person can be released, Wasserman explained. “So, these 19,000, they’ll be considered for release, it doesn’t mean that they will automatically be released.”

2,280 already released

Nxumalo confirmed 2 280 prisoners had so far been released on parole. “Placement of benefiting sentenced offenders commenced on 20 May 2020 and as on 10 June 2020, 2,280 offenders have been placed out,” he said.

According to Nxumalo, the “project” of releasing qualifying prisoners will run until 17 July.

“President Cyril Ramaphosa authorised that there be consideration of parole for selected low-risk qualifying sentenced offenders who have or will reach their minimum detention periods within five years,” he explained.

Wasserman said among those qualifying for early parole are the elderly (those over 60), women, those with pre-existing health conditions and non-violent offenders.  She emphasised that no one sentenced for offences such as gender-based violence or murder would be considered for release.

Impact of the release

Cameron said the release of a significant number of prisoners could help manage Covid-19 outbreaks in correctional facilities.

“Any significant release of inmates will provide a salutary measure of decongestion, which is crucial to managing the threat of the contagion,” he said. “It is extremely difficult – and in some circumstances impossible – to maintain social distancing in correctional facilities. The provision of PPEs and maintaining a high standard of hygiene control are also more difficult in overcrowded facilities.”

In an announcement made shortly after the Presidency’s statement, Minister of Justice and Correctional Services Ronald Lamola pegged overcrowding in the country’s correctional facilities at an estimated 32.58%.  Should all inmates being considered for parole be released, overcrowding could be reduced by about 12.15%, Lamola said.

Safura Abdool Karim, a senior researcher based at the Wits School of Public Health, weighed in on the potential impact the planned release could have on the overcrowding problem.

“Prison overpopulation varies by prison,” she said. “(The impact) depends on where that release is happening.”

While she agreed that the development is good, Abdool Karim said more needs to be done.

“Advocates were calling for prisoners to be released, but now that that’s happened, we need to think about what the next step is,” she said. According to Abdool Karim, this includes the ability to social distance in prisons, improved hygiene and access to PPE.  

Impact of criminalising lockdown-related violations

Meanwhile, as prisoners are considered for parole, people have been arrested for lockdown-related offences.

Wasserman flagged this as another concern. She said these arrests often result in fines and which upon payment results in a criminal record — or someone is detained.

“We’re seeing that people are paying fines and getting criminal records and the more vulnerable persons in society, some are being detained in remand facilities for violating the lockdown regulations... that’s incredibly concerning,” she said.

Police Ministry spokesperson Lirandzu Themba said that between 27 March and 2 June, the police made 272,324 arrests for lockdown-related offences. Most arrests were in the Western Cape, which had just over 58,000, closely followed by Gauteng with just over 42,000 arrests.