On Friday, President Cyril Ramaphosa granted the pardon of 212 286 non-violent offenders across the nation.
Why did Ramaphosa pardon ‘low-risk’ prisoners?
In a statement, Justice Minister Ronald Lamola explained this initiative, rooted in Section 84 (2) (J) of the Constitution, is a significant step towards addressing the challenges posed by the current occupancy rate, which stands at a staggering 143%.
Recent unfortunate incidents, such as the fire-related loss of 3 024 beds at Kutama Sinthumule, have exacerbated the situation, projecting an imminent rise in overcrowding to 47 06% and a corresponding increase in the occupancy rate to 147%.
Beyond the implications for inmate health, safety, and overall management, this trend also raises concerns about potential surges in gang activity and undermines the effective implementation of development and rehabilitation programs.
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Prisoner profiles excluded from president’s special remissions
While the decision to pardon non-violent offenders is rooted in the Constitution, certain categories of offenders remain excluded from this process.
Those convicted of sexual offences, tampering with critical infrastructure, serving life sentences, or being designated dangerous criminals are ineligible.
However, even within these categories, some low-risk offenders may still be eligible for a 12-month remission.
Notably, offenders convicted of non-violent and non-sexual crimes could qualify for a remission of up to 24 months, contingent upon the completion of pre-release programs, risk assessments, and the provision of fingerprints and DNA samples for comparison with the South African Police Service database.
The ramifications of this decision extend beyond addressing overcrowding concerns. Approximately 9 488 inmates, along with an additional 15 000 individuals currently under correctional supervision and parole, are expected to benefit from the initiative.
Furthermore, this move will facilitate the deportation of 3 064 foreign nationals who are serving short-term sentences under the purview of the Department of Home Affairs.
To ensure the effective implementation of this decision, a joint technical task team comprising various departments within the Justice, Crime Prevention, and Security cluster will oversee the process over a period of ten months.
How likely is a pardoned ‘low-level’ prisoner to commit a crime?
Predicting the behaviour of individuals, including those granted a pardon due to overcrowding, is a complex and multifaceted task.
Several factors come into play when assessing the likelihood of a low-risk South African prisoner committing a crime after being granted a pardon:
Risk Assessment and Selection Process
Pardon decisions are typically based on thorough risk assessments and eligibility criteria.
Low-risk offenders, who have demonstrated good behaviour and have participated in rehabilitation programs, are often considered for release.
The selection process aims to identify individuals who have a lower propensity for reoffending.
Rehabilitation and Reintegration
Pardons are often granted with the intention of providing individuals with an opportunity to reintegrate into society and lead productive lives.
Effective rehabilitation programs and support networks can significantly reduce the likelihood of reoffending by addressing underlying factors that contribute to criminal behaviour.
Community Support
The availability of strong family and community support can play a crucial role in reducing recidivism. A supportive environment can provide emotional, social, and financial assistance that helps individuals avoid returning to criminal activities.
Employment and Education
Access to stable employment and educational opportunities can provide individuals with a legitimate means of supporting themselves and their families. Meaningful engagement in these areas can reduce the incentive to engage in criminal activities.
Substance Abuse and Mental Health Treatment
Addressing issues related to substance abuse and mental health is vital. Effective treatment and support can mitigate the risk factors associated with these challenges and contribute to successful reintegration.
Supervision and Monitoring
Some individuals granted a pardon may be subject to parole or post-release supervision. Regular monitoring and compliance with conditions can serve as a deterrent to criminal behaviour.
Individual Motivation and Determination
The personal commitment of the individual to lead a law-abiding life post-release is a significant factor. Many low-risk offenders genuinely desire to turn their lives around and avoid further involvement in criminal activities.
It’s important to note that while pardons are intended to provide a second chance and alleviate prison overcrowding, no prediction can be made with absolute certainty regarding an individual’s future behaviour.
Factors such as external influences, unforeseen circumstances, and personal choices can impact an individual’s trajectory.