REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
64. In addition to creating very specific offences criminalising trafficking in persons, the Act also
focus on the plight of victims, by allowing for those convicted of trafficking to be forced to
pay compensation to a victim for damages, injuries, both physical and psychological harm
suffered and loss of income, amongst others.
65. In this regard, the Prevention and Combating of Trafficking in Persons Act50 is forward-looking
in that it satisfies modern developments in terms of human rights law, such as that the law
should not only serve to prosecute offenders and prevent re-offending, but it should also look
at the reparative needs of the victim. The Act was put into operation in August 2015.
Article 6: Right to liberty and security of person
66. In essence, section 12(1) of the Constitution embodies the substantive component of the
right to freedom and is concerned with the reasons for which the state may deprive someone
of their freedom.51 In this regard, the state may only deprive the liberty of an individual when
there is a rational connection between the deprivation and some objectively determinable
purpose.
67. The majority of persons who are deprived of their liberty in South Africa are those who are
awaiting trial for alleged criminal offences or those who are already serving their sentences
in correctional centres. Inmates are housed in correctional centres which comprise of two
general categories of inmates, namely sentenced offenders and remand or awaiting-trial
detainees whose cases have yet to be finalised.
68. As at 31 March 2013, South Africa’s inmate population was 150,608, of which 45,730 (30.4%)
were remand detainees, and 104,878 were sentenced offenders. According to the National
Offender Population Profile many offenders were detained for the following crime
categories: economic, aggressive, sexual and narcotics. Due to the high levels of violent
crimes, prison sentences had become longer and minimum sentences had been introduced.
There is diversity in terms of size, minimum standards and facilities across the South African
correctional centres, given the time periods over which they were built, the purposes for
which they were built and the political landscape that prevailed when they were built.
69. DCS must manage this legacy to enable a set of minimum norms and standards to prevail
across all centres and to ensure cost-effective and delivery efficient centres. In 2012/2013,
of the 243 correctional centres, there were:
50
51
Act No. 7 of 2013
S 12 “(1) Everyone has the right to freedom and security of the person, which includes the right –
(a) not to be deprived of freedom arbitrarily or without just cause;
(b) not to be detained without trial;
(c) to be free from all forms of violence from either public or private sources;
(d) not to be tortured in any way; and
(e) not to be treated or punished in a cruel, inhuman or degrading way.”
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