Plan to allow the poor to skip bail

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.