Plan to allow the poor to skip bail

OrbitalDawn

OrbitalDawn

Ulysses Everett McGill
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A senior ANC MP yesterday called for a policy change that could result in awaiting-trial prisoners unable to pay bail of R1000 or less being released from prison.

Vincent Smith, chairman of parliament's correctional services portfolio committee, also suggested that remand detainees who could not give a "reliable" address, such as people living in informal settlements, be released.

Arguing his point during the presentation of a draft white paper on remand and detention management by the Department of Correctional Services, Smith said: "People [who got bail for] less than R1000 shouldn't be there, on the basis that they can't afford it.

"Also, half of the people we find there [in detention], [is because] they do not have reliable addresses. Half of South Africa doesn't have a reliable address - those that live in informal settlements."

Smith's proposal has drawn support from opposition parties and civil society groups, who said it was ridiculous to lock up poor people, especially those accused of petty crimes, whereas the rich were able to get bail after being charged with serious offences. But they said that such a policy should not be extended to murder, rape and robbery suspects.

The DA's correctional services spokesman, James Selfe, supported the proposal, describing the current system as "economic apartheid".

But he said the department needed to get its house in order before Smith's proposal was approved.

"It keeps poor people in prison and allows rich people to walk. I'm not talking about serious offenders because those are people who normally don't get bail. These are typically petty offences and the bail is set at R350 or R500 but people are very poor and they can't afford R500, neither can their families," said Selfe.

He said remand detainees caused overcrowding in prison because of their inability to pay a relatively small bail.

Prison overcrowding is a serious problem.

In August, there were 156370 prisoners in jail, of whom 112416 were sentenced offenders and 43954 remand detainees.

"It absolutely makes no sense whatsoever that, if a prisoner costs you about R300 a day, R9000 a month to incarcerate, the bail is set at R1000," said Selfe.

Lukas Muntingh, project coordinator of Civil Society Prison Reform, said those who could not afford to pay bail of less than R1000 within a certain time should be taken back to court for a magistrate to review the bail set.

Muntingh dismissed claims that allowing an accused to be freed without bail was counter-productive in the fight against crime.

"I don't think it should have a bearing ... the court looks at what has been presented in terms of what the flight risk is. Is he going to appear at his next court appearance?

"Is he going to interfere with or intimidate witnesses, or interfere with evidence? Those are the three main issues," he said.

In terms of the criminal justice system, judges and magistrates are responsible for decisions on bail and its conditions.

Smith encouraged Correctional Services to discuss remand detentions with the Justice Department, which is responsible for the administration of the courts .

Britta Rotman, Correctional Services' chief deputy commissioner for remand and detention, had earlier tabled a white paper on remand detention.

The white paper lists, among other factors, failure to pay bail, further investigation and detention without the option of bail as contributing factors to the large number of awaiting-trial prisoners.

Other factors stalling cases in court, according to Pieter du Rand, chief director in the Department of Correctional Services, was that some cases were in court for as long as seven years because of delays caused by both the accused and the state.

Some of the delays, he said, were because an accused would not be present in court despite being in detention.
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Hmm, sticky issue. But I suppose there is some merit to what they're saying. How does locking up people who are accused of petty crimes help anyone? Awaiting trial prisoners face pretty horrific conditions, and you might see them come out worse than when they went in, being a school for prisoners and all that.

But then again, if they have unreliable addresses and you let them go, why would they pitch up for the trial?
 
Why lock anybody up for crimes? Close the prisons and free everybody. There is no crime.
 
I'm not against this for petty crimes, but if the crime involves harming someone (assault, rape, murder) then it should not be allowed.

I have unfortunately seen what goes on in the remand section of Westville prison, and its not pretty at all, so for simple petty crimes it makes the situation worse for the person in the long run.

Also as a warning for anyone who ever has to deal with a person (not part of your family, or close friends) ending up in prison, help as much as you can, but do not offer financial aid in any way shape or form.. it gets abused, and there are groups in the remand section who will phone you at all hours (they have cellphones somehow) and demand airtime from you.
 
It's a good proposition, but you are essentially letting that criminal go.
 
Can we get examples of crimes that have bails of <R1000?

For any crime involving house robbery, invading private property, theft out of motor vehicles, smash and grab, assault etc. I would say definitely no.

If it was something petty like shoplifting (first offense), vandalism (spray painting a wall), traffic offenses etc. I would say ok, let them out if they can't pay.
 
So why arrest them in the first place if that is the case ... The po-po can assess the crime at the scene and make a decision right there ... shoplifting, B&E, snatch & grabs etc. This way the courts can focus on their backlog and more important stuff like, you know, rapists, e-toll offenders, fraud, murders etc. In time we won't bother reporting them (petty crimes) anymore and then the crime stats will look way better too! :rolleyes:
 
The issue is that in the public mind, and in the mind of the accused, in South Africa bail and guilt are intimately tied. When somebody is released without bail being set, absent a proper explanation, the sense of having gotten away is a major problem.

The entire process and procedure for first appearance and remand in South Africa needs to be seriously reevaluated and put back onto first principles. The procedures currently in place are largely a hangover from a conflict during apartheid between the State seeking more kragdadighied and the Supreme Court driving the Rule of Law. You can actually see the successive amendments to the CPA betray the horribly incorrect path this country has been on for so long.
 
Paul Hjul said:
there isn't a bail bond market in this country
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Not officially, nope.

After my experience a few years ago, the loan sharks are operating partially as bail bonds man (at least in as much as providing the bail money at absolutely ridiculous interest rates)
 
Jase said:
So why arrest them in the first place if that is the case ... The po-po can assess the crime at the scene and make a decision right there ... shoplifting, B&E, snatch & grabs etc. This way the courts can focus on their backlog and more important stuff like, you know, rapists, e-toll offenders, fraud, murders etc. In time we won't bother reporting them (petty crimes) anymore and then the crime stats will look way better too! :rolleyes:
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Uhm, how about no? Do you realise what a massive incentive for corruption that is? "Slip me R50 and you walk free."
 
If they plan on enacting this, then they best ensure that judges' apply suitable bail amounts to serious perpetrators. I think we have all seen rather disproportionate bail amounts issued to offenders...
 
quite simply, bail set at an unaffordable amount - is bail denied.
the prisons are crammed with awaiting trial prisoners, many for petty crimes.
there are also way to many people in prison awaiting trial for minor offenses as they are unable to provide a fixed address
 
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