Sexual assault, overcrowding, lack of expertise on mental health and LGBTQI+ treatment flagged at prisons

A Commission for Gender Equality (CGE) inspection of correctional facilities has found overcrowding, a lack of understanding on how to cater for LGBTQI+ and mentally ill people, and sexual assault in some prisons to be of serious concern.

Correctional services department national commissioner Makgothi Thobakgale appeared before the commission as the report was presented on Thursday.

During the study in September it was determined that overcrowding was a central issue with implications of increasing the spread of infectious diseases. 

The department has experienced many issues recently, including problems with decisions taken by the parole board and prison conditions flagged as grave human rights violations, according to the report.

“During the commission's oversight inspection of Westville Correctional Centre, the CGE noted an intersex inmate was receiving medical attention and during an interaction with the inmate it was clear they did not understand the medical and psychological effects of being intersex. 

“[In] the Rustenburg Correctional Centre inspection, the CGE noted an intersex inmate was being kept in the hospital section as they were 'being assessed'. The centre could not provide details on the assessment or what procedures would be followed to accommodate the inmate.”

The CGE noted overcrowding was a common cause of problems in prison facilities.

The Mangaung Correctional Centre did not accommodate awaiting trial inmates and could only accommodate a maximum of 2,928 inmates. 

“Inmates who have been diagnosed with a mental illness are not kept in separate sections and overcrowding is the main reason for this,” said the report.

“Rustenburg Correctional Centre was observed to be overcrowded by 124% and is [also] accommodating inmates from Kutama Sinthumule Correctional Centre.

“Worcester was observed to be overcrowded in the male and the female facilities. It was apparent that the number of remand detainees contributed to the high rates of overcrowding,” said the report.

The department confirmed inmates are permitted to report a complaint to a case officer verbally or through the complaints register process. If there is an allegation of sexual assault, the inmate is referred to a public hospital for assessment and management. 

In 2023, the department registered 1,805 sexual assault complaints throughout the country.

“The [department] asserted it has a budget of R4bn to ensure a secure, safe and humane environment for inmates,” said the report.

The commission observed the free use and sharing of scissors between inmates in the sewing room at the Worcester Correctional Centre, as well as the use of knives and sharp equipment in kitchen facilities at other correctional centres.

At the Rustenburg Correctional Centre the CGE observed the tuck shop had lighters for sale, which posed a risk to the facility.

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