World Factbook of Criminal Justice Systems 

South Africa*

Wilfried Scharf and Rona Cochrane
University of Cape Town

This country report is one of many prepared for
the World Factbook of Criminal Justice Systems
under Bureau of Justice Statistics grant No.
90-BJ-CX-0002 to the State University of New York
at Albany.  The project director was Graeme R.
Newman, but responsibility for the accuracy of the
information contained in each report is that of
the individual author.  The contents of these
reports do not necessarily reflect the views or
policies of the Bureau of Justice Statistics or
the U. S. Department of Justice.

*Note: This report was written prior to the
National Elections in April, 1994, which changed
substantially the Constitutional basis of South
African law.  However, because it will be some
time before the changes affect the actual
operations of the criminal justice system, we have
included the report as it was written, with some
minor alterations.

GENERAL OVERVIEW
          

1. South Africa's political system.

     South Africa has three branches of
government: legislative, executive and judicial. 
The doctrine of parliamentary supremacy and the
absence of a Bill of Rights limits the degree to
which there are checks and balances.  As of August
1993, the country has undergone a major transition
from a racial oligarchy to a non-racial democracy. 
Multi-party negotiations between most political
parties (both those represented in parliament and
those excluded from parliament) are in progress.
(Dugard, 1978: 53-201).
     The two most powerful political parties are
the African National Congress and the National
Party.  Universal adult statutory privileges
were introduced by the end of 1993.  Elections for
a Constituent Assembly, the body that will draft
the new Constitution, were planned for April
1994.
     The responsibility for legislating and
enforcing most criminal laws falls on the national
legislature and national infrastructure of courts,
police and correctional institutions.  The
judiciary makes law by setting precedents through
its interpretative functions over legislation and
common-law principles.  Provincial administrations
have the power to legislate traffic laws and have
their own traffic police, but use the national
infrastructure of courts to prosecute violations. 
Local authorities are entitled to enact by-laws,
the violation of which is also prosecuted in the
national courts.

2.  South Africa's legal system.

     The criminal justice system is administered
nationally.  It is an adversarial system in which
state prosecutors present cases against the
accused, who has a right to be represented by a
lawyer.  (McQuoid-Mason, 1990:198).  
     One of the vestiges of the process of
indirect rule during colonial times is the urban
equivalent of the chief's courts in the African
townships.  Under the Black Administration Act no.
38 of 1927 (as amended ) certain Africans can
acquire the right to convene courts and hear
matters in which customary law features.  Since
customary law does not distinguish between
criminal and civil law, they may hear certain
criminal matters.  The system has, however, been
so discredited through its close association with
the apartheid administration that hundreds of
competing non-state courts have been set up and
operate in the townships (Hund and Kotu-Rammopo,
1983).
     During the emergency years these competing
courts were an oppositional system of justice, but
now are gradually profiling themselves for
inclusion into the adjudicative hierarchy in the
post-apartheid era (Burman and Schaerf, 1990).

3. History of Criminal Justice System.

     South Africa became a Union of four Provinces
and a member of the British Commonwealth in 1910. 
Its criminal justice system has a mixed heritage
of Roman-Dutch law and common law.  In 1948, the
policy of Apartheid was embedded in legislation by
the dominant party in the legislature, the
National Party of the Afrikaner nationalists.
     The system of apartheid refers to a
race-based hierarchy of privilege among four main
races, in which the whites occupied the top
position and Africans occupied the bottom position
of the hierarchy.  Persons of mixed race
(coloured) and Indians (descendants of citizens
from India) occupied intermediary positions while
the Chinese were classified as coloured and
Japanese were classified as 'honorary whites'. 
Until 1982 full franchise for the national
legislature was only enjoyed by whites.  Apartheid
controlled every aspect of life on the basis of
racial classification: separate residential areas,
education, health, welfare, local government,
employment opportunities, the right to collective
bargaining, the franchise, access to land,
business licences, credit, graveyards, public
amenities, the right to marriage and sexual
liaison.  (Brewer, 1988:157). 
     Apartheid laws created numerous status
offenses and crimes based on racial
classification.  In 1961, South Africa became a
Republic and severed its ties with the British
Commonwealth.  In 1982, an amendment to the
Constitution gave a limited franchise to coloureds
and Indians and created a tricameral parliament in
which three of the four main 'races' (whites,
Coloureds and Indians) occupied separate
legislative chambers.  Coloureds and Indians were
allowed to legislate only on issues that concerned
their "own affairs" on matters affecting their
'race'.  Whites, therefore, dominated the
legislative process despite their numeric
minority. 
     Until the first democratic election in April,
1994, Africans could not vote in the national
legislature. Africans were supposed to live
out their political aspirations in a number of
ethnically exclusive 'homelands' called
"self-governing states" and "independent states". 
In these enclaves they acquired citizenship and
franchise, and the right to purchase land.   
     The "independent states" have established
their own criminal justice systems and statistical
data bank.  The "self-governing states" acquired
partial independence only, and still retain an
accountability to the apartheid state.  The
criminal justice statistics of "self-governing
states" are reflected in the national statistics.  
     The "self-governing states" accommodate 35%
(10.7 million) of the South African population of
30.9 million (Population Census, 1991: table 1,
p.1).  None of these apartheid creations are
recognized by the international community.  They
are almost exclusively dependent on the central
state for their financial survival.  Their
re-incorporation into the post-apartheid South
Africa is a heavily debated issue in the current
multi-party negotiations. (Marais, 1992:1-2).
     The political struggle against apartheid 
resulted in successive states of emergency being
declared between 1985 and 1992, giving the
armed forces extensive powers of detention without
trial; search, seizure and entry; and declaration
of curfews.  Consequently, the criminal law is a
highly politicized terrain.  In addition, the law
in general, and the armed forces in particular, do
not carry much legitimacy among the majority of
the population. (Albertyn and Davis, 1990; Faculty
of Law UCT, 1986; Vander Vyver, 1988; Corder,
1989).

CRIME

1. Classification of crimes.

*Legal classification.  Criminally punishable
conduct is sometimes referred to as a "crime" and
sometimes as an "offense".  Crimes are not divided
into treason, felonies and misdemeanors.  The
layperson may use the term "crime" to refer to the
more serious forms of criminal conduct such as
murder, theft and rape, and the term "offense" to
refer to less serious forms of criminal conduct
such as contraventions of municipal by-laws. 
However, there is no technical difference between
a "crime" and "offense". (Snyman, 1984: 4).

*Age of criminal responsibility.  A child below
the age of 7 years is presumed to lack criminal
responsibility.  A child between the ages of 7 
and 14 is also presumed to lack criminal 
responsibility; the onus is on the state to rebut
this presumption beyond reasonable doubt.
(Snyman, 1984: 131).

*Drug Offenses.  The Drugs and Drug Trafficking
Act (No. 140 of 1992) provides for the prohibition
of the use or possession of or the dealing in
drugs, and of certain acts relating to the
manufacture or supply of certain substances.  A
drug is defined as any dependence-producing
substance: any dangerous dependence-producing
substance, for example, coca leaf, opium, or any
undesirable dependence-producing substance, for
example, dagga, heroin, LSD, etc. 

2. Crime Statistics.

     The following data on the number of crimes
reported are taken from the the 1992 Annual Report
of the Commissioner of Police (hereinafter 1992
Annual Report) which covers the period between
January 1 to 31 December 1992. 

*Murder.  In 1992, there were 16,067 murders
reported to the police.  The rate of reported
murders per 100,000 population was 176 in Natal,
110 on the Witwatersrand and in Soweto, and 61 in
the Western Cape.  (1992 Annual Report: 60).

*Theft.  In 1992, there were 78,677 cases of
reported robbery.  The rate per 100,000
population, was 7 on the Witwatersrand and Soweto,
5 in Natal, and 2 in the Western Cape. (1992
Annual Report: 60).

*Rape.  In 1992, there were 24,360 cases of rape
reported to the Police.  According to specialists,
a large percentage of rapes are never reported to
the Police.  Estimates of the proportion of rapes
that are reported to the police in this country
range from one in every two cases, to one in every
twenty cases.  This suggests that between 24,360
and 462, 840 rapes were not reported in 1992
(Hansson and Russell, 1993:14).  Of all
rapes reported, 18.90% took place on the 
Witwatersrand, 17.48% in the Western Cape, 14.54%
in Natal, 10.72% in the Eastern Cape, and 8.30% in
Soweto.  The rate per 100,000 population was 146
cases in Natal, 139 in the Eastern Cape, 120 in the
Western Cape, and 90 on the Witwatersrand. (1992
Annual Report: 61).

*Drug offenses. A total of 20,071 persons were
arrested in 1992 in connection with the drug
trade. (1992 Annual Report: 62).

*Crime regions.  Of the serious crimes committed
in 1992, 24.12% were on the Witwatersrand and in
Soweto (61 serious crimes per 1,000 population),
17.75% in the Western Cape (66 per 1,000 population)
and 16.83% in Natal (91 per 1,000 population).
(1992 Annual Report: 54).

VICTIMS

1. Groups Most victimized by crime.

     Africans constitute the largest group of
violent crime victims (per capita), while whites
are the most frequent victims of monetary or
property crimes.  A 1981 survey revealed that of
those persons interviewed, 8% of blacks, 7% of
coloured, 5% of Indians and 2% of whites were
affected by robbery with violence.  In addition,
20% of the black respondents, 10% of coloured, 5%
of Indian and 2% of white respondents reported
being victims of assault.  Finally, 4% of the
black and 2% of the coloured respondents reported
being rape victims. (Lotter, 1992: 145).  As South
Africa is a highly patriarchal society, African
women suffer high levels of domestic violence and
sexual assault.

2. Victims' Assistance Agencies.

     With the exception of a recent victim
compensation and victim protection scheme provided
for in the 1991 amendment to the Criminal
Procedure Act No. 51 of 1977 [hereafter CPA], not
much attention has been given to victims of
conventional crime.  There is hardly any
state-initiated victim support infrastructure,
although the Goldstone Commission is exploring the
creation of a witness protection and victim
compensation scheme (National Peace Accord
[hereinafter NPA], 1991:33).  
     There is a vast network (14,000) of foreign-
funded private victim support groups for the 
victims of the apartheid state, for instance,
the National Committee Against (forced) Removals,
support and counselling groups, human rights
organizations, psychological trauma centers,
advice offices, pre-school and other educational
institutions, skills training groups, etc.  For
victims of "conventional" crime and neglect, there
are Rape Crisis Centers (in six towns and cities),
street children's shelters, and welfare agencies
for released prisoners.

3. Role of victim in prosecution and sentencing. 

     The victim role in a trial is primarily that
of a witness.  A legislative amendment has enabled
child witnesses to testify in more congenial
surroundings in front of cameras.  There have also
been limited efforts at victim-offender mediation
by a welfare organization in a few cities.
     In addition, a pilot project has been
launched in Cape Town to establish a special rape
court in which the police, the prosecutor, the
district surgeon staff, and the magistrate will
all have received special training, sensitizing
them to the potential for a secondary
victimization to occur during case proceedings.  A
special recovery room has been established at a
local hospital so the victim does not have to be
brought to the police station to submit a
statement.  The project also emphasizes ongoing
counseling for rape survivors. (Hansson,
forthcoming 1993). 

4. Victims' rights legislation.

     There is no specific victims rights
legislation.

POLICE

1. Administration.

     A national police force has been created
through legislation and under the authority of the
Ministry for Law and Order, the most important
statute being the Police Act (No. 7) of 1958.  In
addition to the national police force, the city of
Durban has a municipal police force of its own,
comprising 750 staff members (Chief Constable
Taylor August 30, 1993; Visser, 1984). 
     The South African Police (SAP) is a
paramilitary force in which most of the white
personnel have served as military fighters in
counter-insurgency wars in the former Rhodesia,
and more recently (until 1990) in Namibia and
Angola.  The SAP is considered to be part of the
Law and Order Community and currently works in
conjunction with the military.  The SAP has
command over the South African Defense Force, thus
both SAP and the military help to patrol some of
the more violent African townships. (Dippenaar,
1988: 431,442; Williamson, 1984).
     Provinces have their own traffic police, as
do the towns and cities.  For example, the Cape
Province has 8,000 traffic officers (Botha, 
August 30, 1993).
           
2. Resources.

*Expenditures.  The Annual Expenditure on the SAP
for the year 1992-1993 was 5,645,143,000 Rand, an
increase of 21.9% over the previous year. (1992
Annual Report: 16).
*Number of police.   According to the 1992 Annual
Report (p. 19), as of December 31, 1992, there
were 83,764 permanent SAP members.  In addition,
there were also 30,038 civilian employees,
temporary members, police assistants and national
servicemen, rendering a total of 113,802. 
     Other sources compute the figures in a
different manner by including the "self-governing"
states (Kwazulu 4,000; Gazankutu 1,059; Kangwane
507; Qwaqwa 725; Lebowa 1,315; and Kwandebele 592)
up until June 1992.  This would increase the total
number of police personnel to 119,624, including
the civilian staff.  One could add to these
figures even more by including the independent
states (Bophuthatswana, Venda, Transkei, Ciskei)
which have 12,200 members with 60 additional
personnel from the SAP. 
     Racial breakdowns only include SAP
statistics.  Self-governing states' members are
excluded from this figure.  With the exception of
the 60 additional members of the SAP assgned to
these self-governing states, all of the 8,198 staff
members are non-white.  (Policing Research Project,
1992).
     Of the 4,946 SAP officers, 4601 (93%) were
white, 157 (3.2%) were Asian, 90 (1.8%) were
coloured, and 98 (2%) were African.  Of the 69,
806 SAP NCO's, 35,530 (51%) were white, 3,274
(4.7%) were Asian, 6,712 (9.6%) were coloured, and
24,290 (35%) were African.
     As of May 31, 1990, the Minister of Law and
Order reported that the black population (in the
broad sense) comprised 56% (45,845) of the
police force.  There were a total of 2,818 Indian
police officers, of which 2,581 were men and 237
were women; a total of 5,819 coloured police
officers, of which 5,415 were men and 404 were
women; and a total of 37,208 black police
officers, of which 35,736 were men and 1,472 were
women. (Rauch, 1992:27).
     Women comprised 7% (5,666) of all police.  In
addition to the data above, a total of 3,553
policewomen were White. (Rauch, 1992: 28).
     In 1992, 224 members of the police were
killed in the line of duty and 94 committed
suicide. (Annual Report: 58, 27).

3. Technology.

*Availability of police automobiles.  There are
1,330 motorcycles, 9,377 patrol vehicles, 12,734
motor vehicles, 446 riot vehicles and 493
"sophisticated/effective urban riot vehicles"
(1992 Annual Report: 5).  There is an unequal
ratio of police to vehicles; however there are no
published detailed statistics on this.
     Black police personnel and the stations
serving black townships tend to have fewer
vehicles than stations and personnel serving other
race groups.  For example, "One police van for the
township is simply not adequate to police 80,000
to 120,000 people.  The new Rini [African
township] satellite police station had no
telephone when we visited.  Police radios are
reportedly often out of order." (Rauch and
Simpson, 1993: 31).

*Electronic equipment.  Data are unavailable from
the official statistics and reports.

*Weapons.  According to Brewer (1988: 170) every
policeman and woman, black and white, is issued a
side-arm and an R-1 rifle.  In 1992, 12,450 R-5
rifles and 9,218 Musler shotguns were purchased;
13,755 complete sets of body-armour and 36,900
additional outer garments were made available to
members of the SAP. (1992 Annual Report: 10).

4. Training and Qualifications.

     Basic training is 6 months.  Most of the
training takes place within the six training
colleges and the police academy.  The academy is
linked to the University of South Africa, which in
turn  accredits the academy's degrees and offers
correspondence degrees of its own.  Technicon 
RSA offers correspondence courses which are
obligatory for the promotion of lower ranking
officers. The minimum entrance requirement for new
recruits is a matriculation certificate. (Van der
Spuy, 1989:284).

5. Discretion.

*Use of force.  If the person being arrested
resists or attempts to escape arrest, the police
may use such force as is "reasonably necessary" to
prevent such actions (CPA, Sect. 49(1)), regardless
of whether a warrant is present.  If the person
resisting or escaping arrest has been arrested
for a Schedule One offense, the police may shoot
the person if this is the only means to prevent
his/her escape. (CPA, Sect. 49(2)). 
     The principle of minimum and incremental
force is prescribed for the break up of unlawful
protest marches and demonstrations (Internal 
Security Act, No. 74 of 1982 sec 48,49 [hereafter
ISA]).
     Deadly force may be used by policemen under
three circumstances: 1) to protect the person or
property of another, or onseself; 2) to secure the
arrest of a fleeing or resisting suspect; 3) to
disperse illegal gatherings (Haysom, 1987: 10). 
     However, in the past, there were continuing,
seemingly systematic, abuse of the legal
limitations on the use of force through the
torture of political detainees and nonpolitical
suspects, the existence of police death squads,
the abuse of the rules restraining fatal shootings
and the abuse of minimum force rules at protest
demonstrations and marches. (Fernandez, 1992;
Foster, Sandler and Davis, 1987; Hansson, 1989;
Haysom 1987: 22-7; Jeffery, 1991: 23-43;  Levine
1990: 130; Pauw, 1991; Van der Vyver, 1988).

*Stop/apprehend a suspect.  The police require a
warrant issued by the Attorney-General in order to
detain a person as a state witness in a trial
relating to a serious offense such as arson,
murder and kidnapping (CPA, Sect. 185) and to
detain a person as a state witness in a political
trial (ISA, Sect. 31).  The police do not require
a warrant to arrest and detain a person for
interrogation as a suspect in terrorist or
subversive activities (ISA, Sect. 29).  Where the
police believe that a person is active in public
disturbance, disorder, riot or public violence and
his/her detention is necessary to stop such
activities, (ISA, Sect. 50) a warrant is not
required for an arrest, provided the arrested
person is not held for longer than 48 hours. 
     When an area has been declared an "Unrest
Area" a person can be arrested and detained
without a warrant if the arresting officer
believes the person's detention is necessary to
prevent public disorder or public violence
(Regulations under the Public Safety Act No. 3 of
1953, Sect. 5a).

*Decision to arrest.  The police can arrest a
suspect with a warrant issued by a magistrate in
order to take the suspect to court on a criminal
charge or as a suspect in a criminal investigation.
(CPA, Sect. 39).  The police can arrest a person
without a warrant if the police witness a crime or
are acting upon a "reasonable suspicion" that the
person has committed an offense referred to in
Schedule I, which includes generally traditional
crimes ranging from murder to breaking and entering
(CPA, Sect. 40).

*Searches and seizures.  The police derive their
general powers to enter, search and seize from the
CPA as well as numerous other statutes (e.g. the
Police Act No. 7 of 1958, Publications Act No. 42
1974, Internal Security Act, and the Public Safety
Act No. 3 of 1953).  The CPA makes it possible to
enter any premises for the search and seizure of
persons and objects. (CPA, Sect. 19).  Articles
may be seized under the following conditions: 1)
there are reasonable grounds to believe the article
was involved in the commission or suspected
commission of an offense; 2) the article may afford
evidence of the commission or suspected commission
of an offense; 3) the article is intended to be 
used or, by reasonable grounds, is believed to be
intended to be used in the commission of an offense.
(CPA, Sect. 2; Hiemstra, 1977: 7).
     Goods which may be seized are articles,
documents or substances.  Money in the form of
coins, notes or negotiable instruments in an
article or document may be seized.  Privileged
documents which are not admissible as evidence may
be seized and used to trace an offender.
(Hiemstra, 1977: 7).
     A warrant is required for a seizure to take
place, although there are certain exceptions.
(CPA, Sect. 21).  The warrant may be issued by a
Magistrate or Justice of the Peace before the
commencement of a trial.  The police requesting
the warrant must provide information which creates
a reasonable basis for the belief that the article
is under the control of a person within the
jurisdiction of the court.  The warrant describes
the person and place to be searched and the
particular article to be seized (CPA, Sect.
21(2)).  During a trial, a seizure may be ordered
by the presiding judicial officer.
     The police may search and seize without a
warrant where a) the person gives the police
consent to search and seize; b) the officer
believes on reasonable grounds that a warrant
would be issued if it were applied for and that
the delay in obtaining a warrant would defeat the
object of the search (sec 22 CPA); c) the police
are acting under the Unrest Areas Regulations and
believe a search and seizure is necessary to
maintain public order or safety of the public or
to stop public disturbances or public violence. 
In this latter case, they may without a warramt 
enter any building or premises; search any person,
premises, vehicle or object; and seize any object
which could be used in a crime or could be evidence
of a crime.

*Confessions.  A confession is a statement made
outside of court in which the suspect concedes
that he/she has committed the offense. 
(Hiemstra, 1977: 129-131).  In order for a
confession to be admissible as evidence the
confession must be made without compulsion
(Hiemstra, 1977: 129-131).

6. Accountability.

     Complaints against the police can be
processed through a number of channels.  The most
long-standing method is laying a charge at a
police station, which results in an investigation
by the police at that station.  In principle, once
the investigation has been completed by the
police, the docket is forwarded to the
Attorney-General, who decides whether or not to
prosecute.
     There are also internal disciplinary hearings
which can take place within the police force in
which a senior officer acts as judge.  The general
public has viewed this to be a highly
unsatisfactory process, particularly if the
complainants have been black, illiterate and
ignorant of their rights.  Typically the vast
majority of complaints under these circumstances
have not resulted in suspensions, prosecutions,  or
convictions (Jeffrey, 1991: 149-162).
     For instance, if the complainant is a
political detainee or suspect, the trend has been
for policemen to be promoted shortly after
receiving reprimands and criticism from judges
during "trials within trials" to establish the
admissibility of confessions extracted under
conditions of solitary confinement. (Foster and
Luyt 1986:297).  In response to the shortcomings
of this system, the National Peace Accord set up a
range of complaint mechanisms which began
operation in September 1991. A complaint could now
be lodged with the Goldstone Commissioner or his
regional representatives, the Police Reporting
Officer (a lawyer nominated by the legal
profession rather than the police) (NPA, 1991:
11), a Justice of the Peace (NPA, 1991:28), or the
Commissioner of Police.  Special investigations
units of the police have been set up to
investigate these complaints.  They are
accountable primarily to the police hierarchy but
also report to the Police Reporting Officer who
reports to the Regional Peace Committee. (NPA,
1991: 12).

PROSECUTORIAL AND JUDICIAL PROCESS

1. Rights of the accused.

*Rights of the accused at trial.  The accused has
the right to be brought before a court 48 hours
after his/her arrest.  The accused also has the
right to be informed of the charges being brought
against him/her (CPA, Sect. 80), the right to ask
for bail (CPA, Sect. 60), the right to question
any witnesses (CPA, Sect. 166), the right to
subpoena witnesses for the defense (CPA, Sect.
179) and the right to legal representation from
the moment of arrest (CPA, Sect. 73(2)).  However,
there is no provision to prevent the suspect from
being questioned without a legal representative
present.  Rather, only in rare cases does a
suspect have legal representation at the
questioning stage.  
     If the accused alleges that an admission or
confession was made under conditions of duress or
torture, a trial is held within a trial to
ascertain the admissibility of the evidence (CPA,
Sect. 217).  The right to legal representation has
been severely curtailed by legislation, dealing
with state security, which denies arrested and
detained people access to counsel until they are
charged or brought to court as witnesses
(McQuoid-Mason,1990: 190).
     An accused charged with a capital crime is
entitled to legal representation free of charge,
called "pro Deo" legal representation, provided by
the state. (Du Plessis, 1992: 100).  
     The accused has a right to a speedy and
public trial and the right to a trial by an
unbiased court.  All accused have the right
against self incrimination and the right not to be
tried twice for the same crime.
     The above rights may be severely curtailed by
security legislation which creates a series of
political crimes and gives the authorities
 sweeping powers to ban, arrest and detain
political opponents.  Most of these powers are
contained in the ISA and the Public Safety Act.

*Assistance to the accused.  If an accused cannot
afford the representation of counsel he/she may
apply for legal aid to the Legal Aid Board. (Legal
Aid Act 22 of 1969, Sect. 3).  A financial means
test is used to determine whether an accused
qualifies for legal aid.  A single person whose
"disposable" income is less than R500 per month
(plus R150 per child) and a married person where
the joint monthly income is less than R1OOO per
month (plus R150 per child) can receive legal
aid (McQuoid-Mason, 1990: 200).  If the accused
qualifies for an attorney, the Legal Aid Board
pays an attorney to represent the accused in court
(Legal Aid Act 22 of 1969; Sect. 3).  
     The Legal Aid Board will pay for an attorney
or advocate to defend an accused in the Regional
Court on a charge of murder, but not in the
Supreme Court, where the "pro Deo" system
operates.  Appointment of pro Deo counsel is made
by the bar on the instruction of the State.  Pro
Deo counsel are paid a fixed tariff.
     The Legal Aid Board has limited resources. 
Due to a shortage of funds experienced by the
Legal Aid Board, it is impossible for it to
provide legal aid for every indigent accused who
is in danger of being sentenced to a term of
imprisonment.  The state is under no obligation to
provide legal representation.  As a result,
probably 85-90% of persons charged with crimes in
the magistrates' courts are unrepresented by
lawyers and 85% of people in all criminal cases
are unrepresented. (McQuoid-Mason, 1990: 198;
202-203).
     At present the feasibility of introducing a
public defender system is being explored.  Public
defenders will be jurists supplied by the
State to represent an accused who cannot afford a
legal representative in criminal matters (Du
Plessis, 1992: 100).  A pilot project for public
defenders was begun on January 2, 1992 in
Johannesburg (Department of Justice Annual Report,
1992: 20).  The office is staffed by 4 advocates
and 6 attorneys.  Three of the staff members are
black.  In the first 10 months, 2,212 cases were
handled.  There was a 57.25% acquittal rate in
cases where the accused pleaded not guilty and a
success rate of over 90% in bail applications.
(Asmal, 1993).  While the country needs an
expansion of the public defender system, it is
currently not possible due to the lack of funds.
(Department of Justice Report, 1992: 20).

2. Procedures.

*Preparatory procedures for bringing a suspect to
trial.  Charges are brought up with the police by
a person (the complainant) or the police may
investigate a matter on their own initiative.  The
police open a case docket (or file) in which
statements of witnesses and other documentary
evidence is kept. 

     The police file is then transferred to the
Attorney-General, or the public prosecutor
authorized by the Attorney-General.  The Attorney-
General then decides whether there is sufficient
evidence to prosecute the accused. (Du Plessis,
1992: 100).  Where the State declines to prosecute,
the complainant may institute a private prosecution
(Hiemstra, 1977: 4).  Where the State decides to 
prosecute the matter, the suspect may be brought
before court by way of summons, warrant or 
indictment (CPA, Sect. 38).  In cases of serious 
offenses, the police have the right to detain
suspects for 48 hours before bringing them to
court in order to investigate the matter further
(CPA, sect. 50).  
     Except in security law cases, people arrested
must be charged before a court within 48 hours. 
During this stage of the proceedings, the accused
may request bail and request a postponement of the
proceedings in order to find an attorney, to
prepare his/her case, or to contact witnesses. 
The prosecution may request a postponement to give
the state more time to prepare its case.  The
accused may oppose the prosecutor's request for a
postponement and may request that the case be
finalized without delay.
     Once the prosecutor has put the charges to
the accused, the accused is asked to plead.  In
cases of less serious offenses where the accused
pleads guilty and the prosecutor accepts the plea,
the accused may be found guilty without any
further evidence. (CPA, Sect. 121(2)(a)).  Where
the offense is of a more serious nature, the court
must first ascertain that the accused acknowledges
all the material allegations against him/her
before the court may find the accused guilty
without hearing further evidence.  The magistrate
will question the accused with reference to the
alleged facts of the case to satisfy himself/
herself that the accused is guilty of the offense 
to which he/she has pleaded guilty (CPA,
Sect. 112(b)).  Depending on the accused's reply
the magistrate may accept the plea of guilty or
he/she may change the accused's plea to not guilty
so that the court may hear evidence.
     Where the accused is to be tried in the
Supreme Court, a preparatory examination may be
held in the magistrate court.  The purpose of the
examination is to place on record certain
particulars, in order to enable the
Attorney-General to decide whether to proceed with
the trial in the Supreme Court (CPA, Sect.
123-143).

*Official who conducts prosecution. The State
President appoints an Attorney General for each
provincial division and for the Witwatersrand
Local Division of the Supreme Court of South
Africa.  The Attorney General makes decisions
regarding the institution or criminal proceedings
in lower and higher courts, which includes the
consideration of evidence, consultation with
witnesses, instructions to police and public
prosecutors, and advice and guidance to public
prosecutors. (Department of Justice Report, 1992:
102). 
     An Attorney General may delegate his/her
powers to public prosecutors in lower courts
(Hiemstra, 1977: 3).  Further, in districts where
the amount of work does not justify appointing a
full-time public prosecutor, the power to
prosecute is delegated to the police officers.
(Department of Justice Annual Report, 1992: 102). 
State Advocates and public prosecutors are
employed by the Department of Justice and are
under the control of the Attorney General.  Prior
to January 1993, the Attorneys General were in
principle subject to possible interference in
their functions on the part of the Executive. 
However, since January 1993, the Attorney General
has been made independent of the Minister of
Justice and he/she is now only responsible to
Parliament (the Attorney-General No. 92 of 19
92, Sect. 5) which came into operation in January
1993.

*Alternatives to going to trial.  Although it is
not officially acknowledged prosecutors and
attorneys engage in the process of plea
negotiation.  The power to prosecute is directly
controlled by the prosecutors, and negotiations
over charges are allowed to take place prior to
the trial without the consent or approval of the
judge (Van Zyl Smit and Isakow, 1986: 10).  The
plea negotiations between the prosecutor and
defense counsel may concern questions of law but
more commonly center around questions of fact. 
Once there is an agreement that a plea will be
offered and accepted, a written statement is
drafted by the defense counsel (CPA, Sect.
112(2)).  The facts contained in the statement are
an explanation of the accused's plea and the basis
on which the court finds the accused guilty. (Van
Zyl Smit and Isakow, 1986: 11).
     Community service orders and correctional
supervision have been established as alternatives
to prosecutions.  The prosecutor may at any time
prior to judgement, after receiving a written
admission from the accused for the charge brought
against him/her or a lesser charge, arrange for
the accused, with his/her consent, to do community
work or to be placed under correctional
supervision.  Before an accused is placed under
correctional supervision, the prosecutor has to
consider the report of a probation officer.  The
Commissioner of Correctional Services and the
police official investigating the case must be
consulted (sec 36 of Correctional Services and
Supervision Matters Amendment Act No
2E 122 of 1991).
     If at any stage of the criminal proceedings
the court finds that the accused is by reason of
mental illness or mental defect not capable of
understanding the proceedings, the court shall
have the accused detained in a mental hospital or
prison pending the signification of the decision
of the State President (CPA, Sect. 77).  An
accused may be sent for 30-day observation and
assessment to ascertain whether he/she is mentally
fit to stand trial (CPA, Sect. 78-79).  A juvenile
court (criminal) may convert the trial of an
accused under the age of 18 into a children's
court enquiry (welfare tribunal) if it appears to
the court that the child is in need of care.  The
children's court then investigates the background
and circumstances of the child.  The child is
removed from the criminal justice system and no
criminal conviction is recorded (McLachlan, 1984:
26).  

*Proportion of prosecution cases going to trial. 
The total number of prosecutions in South Africa
for 1991/1992 were 485,099.  There were 373,590
convictions, 111,119 discharged, 263 of the accused
died and 127 were found to be mentally disordered.
(Central Statistical Report 1991/1992 Table 4).  
Figures on the number of cases dealt with by means
of plea bargaining are not available.

*Pre-trial incarceration conditions.  The security
laws give the police wide powers of detention
without trial.  People can be detained as state
witnesses in political trials involving terrorism
or subversion.  A person can be held for 6 months
or longer if the trial is still in process. If the
trial does not commence within 6 months, then the
detainee must be released (sec 31, ISA).  A person
can be detained for short-term preventive
detention for a total of 14 days (sec 50, ISA). 
Persons can also be detained for interrogation. 
     A person accused of a serious offense can be
held for a maximum period of 48 hours.  After 48
hours, the accused must be brought before the
court where the magistrate, on application by the
public prosecutor, may extend the period of
detention, pending further investigation of the
case. (Hiemstra, 1977: 22-23).
     In addition, pre-trial incarceration may
result when the accused is denied bail or is
financially unable to post bail.  A person may be
detained as a state witness in a trial involving a
serious offense such as arson, murder or
kidnapping.  The maximum period for which a person
may be detained as a state witness is 6 months
(CPA, Sect. 185).
     People arrested and detained in areas which
have been declared "Unrest Areas" can be held for
as long as the Unrest Regulations are in force. 
The Minister of Law and Order has to write an
order for a person to be detained for longer than
30 days.  However, there is no maximum period of
detention (Public Safety Act, Sect. 5a).
     Where an offense is one of a serious nature,
an accused can be held for a maximum period of 48
hours, after which the accused must be brought
before the court where the magistrate, on
application by the public prosecutor, may extend
the period of detention, pending further
investigation of the case (Hiemstra, 1977: 22-23).
     Where the accused is denied bail or where
he/she is financially unable to post bail, this
results in pre-trial incarceration. 

*Bail procedure.  Bail is granted to ensure that
the accused will appear in court.  If the accused
is in custody for an offense not listed in part II
or III of Schedule 2 of CPA, he/she may be
released on bail before the first court appearance
by a police official with the rank of sergeant or
above.  Release would be granted providing that
the accused pays the sum of money decided by the
police official at the police station. (CPA, Sect.
58(1)(a). 
     If the offense is serious, the accused must
wait in custody until his/her first appearance in
court.  The accused may request bail at any time
on or after the first court appearance (CPA, Sect.
60).  There are three general principles according
to which the question of bail is decided: a) the
risk that the accused will evade trial; b) the
possibility that the accused will commit a crime
before trial; c) the possibility that the accused
will interfere with the course of justice.  
(Hiemstra, 1977: 28-29).
      The court is obligated to refuse the bail
application if the Attorney-General informs the
court that the accused has information in his/her
possession which cannot be revealed without
prejudicing the public interest or administration
of justice and which indicates the release of the
accused would probably frustrate the
administration of justice or could jeopardize
public safety. (Hiemstra, 1977: 30; CPA, Sect.
61).

*Proportion of pre-trial offenders incarcerated. 
As of December 31, 1992, there were 20,029 persons
held in prison while awaiting trial. (Department
of Correctional Services Report, 1992: 23, Table
3).

JUDICIAL SYSTEM

1. Administration.

Higher Courts.  The Higher Courts, such as the
Supreme Court, have various divisions.  For
instance, the Supreme Court of South Africa
consists of an Appellate Division, provincial
divisions, and local divisions. The Chief Justice
heads the Appellate Division; Judge Presidents,
the various provincial divisions.  Each Supreme
Court goes on Circuit to hear cases in towns and
cities away from the seat of the division.
(Du Plessis, 1992: 86-87).

Lower Courts.  Magistrates Courts may be divided
into two main groups, district courts and regional
courts. There are 269 magisterial districts.  The
criminal jurisdiction of a magistrate's court is
limited to all crimes other than murder, rape and
high treason.  The maximum sentence which a
magistrate's court can impose is limited to 2
months imprisonment or a fine of R20 000 per
charge. (Du Plessis, 1992: 88-89).  Ninety-nine
percent of all the criminal cases in the Republic
of South Africa are tried in the lower courts.
(The Department of Justice Annual Report,1992:
98).

Regional Courts.   Regional courts hear more
serious criminal cases in which heavier sentences
can be imposed.  They can also hear rape cases and
murder cases, except where the death penalty is a
possible sentence.  They can impose a maximum jail
sentence of 10 years and a maximum fine of
R200,000, per charge.  (Department of Justice
Annual Report, 1992: 11).

2. Special Courts. 

     Under the NPA of 1991, provision is made for
the constitution of Special Criminal Courts. 
These special courts will deal with cases related
to "unrest," cases of public violence and cases
involving intimidation.  In order for these courts
to be effective, special procedural and evidentiary
rules need to be applied. The idea is to establish
mobile courts in certain geographic areas to bring
justice closer to the people. (NPA, 1991: 33).  At
the time of writing no such courts have been 
established. 
     A Commission of Inquiry regarding the
Prevention of Public Violence and Intimidation was
appointed on 24 October, 1991, by the State
President (Sec 3 of the Prevention of Public
Violence and Intimidation Act No. 139 of 1991).
Offices were set up in Pretoria and Cape Town. 
In order to ensure that steps are taken against 
perpetrators of violence and intimidation, the
Commission may refer any evidence constituting an 
offense to the relevant Attorney-General and to the 
Special Criminal Courts (NPA, 1991: 24).

Dispute Resolution Committees.  The National Peace
Secretariat has established 11 regional dispute
resolution committees and approximately 85 local
dispute resolution committees since 1992
(Department of Justice Annual Report, 1992: 2).

Special Superior Courts.  If an accused is
arraigned before a superior court for a charge
relating to the security of the State or the
maintenance of public order, the State President
may constitute a special superior court to conduct
the trial upon the recommendation of the Minister. 
(Sect. 148 of CPA).

Juvenile Courts.  Juvenile Courts handle cases in
which persons under 18 years-old are charged with
criminal offenses.  In Juvenile Courts the cases
are heard in camera.

Non-state Courts.  Judicial powers may be
conferred upon any African Chief or headman for
trying and sentencing any African person who has
committed any offense under Common Law or under
Black Laws and customs (except for any offense
referred to in the third schedule (sec 20) of the
Black Administration Act).  The same judicial
powers may be conferred upon an African in an
urban area (sec 21(A) of Black Administration Act
38 1927 as amended by Act 94 of 1980).  
     Non-state courts in the Black townships
arguably hear more criminal cases than the formal
courts, but they tend to turn murder and rape
cases over to the police. (Burman, 1989: 154).

3. Judges.

*Number of judges.  There are 146 Judges of the
Supreme Court.  There is only one woman Judge.
There is one Indian Judge.  All other judges are
white males. (Hansard Parliamentary Debates [hereinafter
Hansards], 1993: 816).
     Excluding the "Self-Governing" territories,
there are 867 white magistrates, 9 black
magistrates, 12 coloured magistrates and 16 Indian
magistrates, for a total of 904 magistrates. 
     There are 169 white Regional Court
magistrates and 2 Indian Regional Court
magistrates, for a total of 171 Regional Court
magistrates.  There are no coloured or black
Regional Court magistrates. (Hansards, 1993: col
1178).

*Appointments and qualifications.   Judicial
officers in the Supreme Court are called "judges"
and in the lower courts, "magistrates".  The State
President appoints judges on recommendation of the
Bar Councils.  The only legal requirement for
being appointed a judge is that the appointee be a
"fit and proper person"; no formal academic or
professional qualifications are required. 
     In practice, however, judges are appointed
primarily from the ranks of senior advocates in
private practice.  In some exceptional cases
senior civil servants with legal qualifications
are also appointed as judges.  In practice, thus,
all judges have at least the LLB 5 year degree 
(Bacallareum Legum). (Du Plessis, 1992: 105). 
     Magistrates, unlike judges, are civil
servants.  The Minister of Justice appoints
magistrates for specific districts or regions. 
Magistrates are appointed from within the
Department of Justice personnel, usually from
amongst the ranks of prosecutors.  Magistrates
must hold a degree in law or have passed the Civil
Service Higher examinations (Sec 10(a) Magistrates
Court Act No.32, 1944).  Seminars are held for
criminal court magistrates during which the
criminal law, law of evidence, law of criminal
procedure and assessment for sentence are
discussed. 
     A seminar is also held for prospective
regional magistrates.  After the seminar, the
regional magistrates are evaluated for a period of
5 months during which their suitability for
appointment to regional courts is determined.
(Department of Justice Annual Report, 1992: 63).

PENALTIES AND SENTENCING

1. Sentencing Process.

*Who determines the sentence?   Except where
legislation requires a specific penalty,
sentencing is made at the discretion of the
presiding officer.
     The CPA prescribes the range of sentences
generally available.  Statutes creating offenses
usually specify the type and maximum sentence for
each offense.  Occasionally, legislation excludes
the court's discretion entirely by setting
mandatory sentences for specific offenses.  (Van
Zyl Smit and Taitz, 1987: 221).
     There is no jury system.  Lay participation
does happen in a very limited manner through the
assessor system.  A magistrate may, once a person
who has been found guilty, appoint assessors with
a view to imposing community-based sentence.  The
aim is to give magistrates the opportunity of
involving the community, particularly one where
the accused resides, in the administration of
justice. (Department of Justice Annual Report,
1992: 15-16).

*Is there a special sentencing hearing?  Before
passing sentence, the court may hear evidence that
will inform or assist in developing a suitable
sentence (CPA, Sect. 274(1).

*Which persons have input into the sentencing
process?  The accused has the opportunity to
present evidence towards sentence mitigation.  The
prosecutor, in turn, may present argument for
sentencing increases (CPA, Sect. 274(2)).  
     Expert evaluations may be used in all Supreme
Court criminal cases and are obligatory in Supreme
Court cases where the death penalty is a possible
sentence.  The evaluations mainly aid in factual
interpretations, while the judge decides the
matters of law.  To be considered an expert, one
must be familiar with the administration of
justice, or be a specialist in a particular field
relevant to the case (Barrow, 1986: 84-5). 
Social workers, correctional officers,
criminologists, and psychologists play an
important role in assisting the court in the
sentencing process.  They can make recommendations
for an appropriate sentence by means of a sworn
statement or in-court testimony (CPA, Sect. 212). 

2. Types of Penalties.

*Range of penalties.  The following penalties are
presently in use: a jail sentence with the
possibility of a fine, periodic imprisonment,
being declared a habitual or dangerous criminal,
being placed in an institution such as a juvenile
reformatory, a fine, corporal punishment,
community service, correctional supervision,
caution or reprimand, and the death penalty. (CPA,
Sect. 276-297).

*Death penalty.  The death penalty may be imposed
by the Supreme Court for the following crimes:
murder, treason (committed when the Republic is in
a state of war), robbery or attempted robbery with
aggravating circumstances, kidnapping,
child-stealing and rape.  The typical form of
execution is by hanging.  The death penalty cannot
be imposed on persons who were under 18 years old
at the time of the crime.  Once a guilty verdict
has been passed, the death sentence is not
mandatory.  Since 1991 judges have the discretion
to decide on whether the death sentence should
be imposed (The Criminal Law Amendment Act 1990). 
Further, the Appellate Division can change the
sentence, or impose an alternative sentence.
(Report of the Department of Correctional
Services, 1992: 14).
     Persons sentenced to death have the automatic
right to appeal the conviction or sentence.  If
the person does not make use of the right
to appeal, or does not ask for clemency from the
State President, lawyers are be appointed to
appeal on behalf of the condemned prisoner.
(Sloth-Nielsen et al, 1991: 11-12).
     The total number of executions in South
Africa for the 10 year period of 1980-1989
(excluding the internal divisions of Transkei,
Bophuthatswana, Venda and Ciskei) are as follows:
130 (1980); 95 (1981); 100 (1982); 90 (1983); 115
(1984); 137 (1985); 121 (1986); 164 (1987); 117
(1988); and 53 (1989).
     On February 2, 1990, the State President
announced a moratorium on executions and said that
the government was investigating the matter
(Sloth-Nielsen et al, 1991: 33).  The number of
people sentenced to death in South Africa
(excluding the Transkei, Bophuthatswana, Ciskei
and Venda) between 1989 and 1992 are as follows:
170 (1989); 89 (1990); 90 (1991); 93 (1992).
(Hansard 1993: 679).

PRISON

1. Description.

*Number of prisons and type.  There are 11 maximum
security prisons, 1 minimum security prison, 16
prison farms, 2 juvenile prisons, and 8 female
prisons.  Prison farms can include maximum
security, medium security and juvenile facilities.
(Captain Gerber, August 23, 1993).

*Number of prison beds. As of December 31, 1992,
the prisons had a total cell accommodation for
87,706 prisoners and were occupied by 108,698
prisoners the prisons (Department of Correctional
Services Report, 1992: 2).  During 1991-1992,
12,000 beds and 14,500 mattresses were purchased.
Backlogs remain in the provision of these items. 
Where certain items are not available substitute
items are issued, such as two or more felt
mattresses in the place of beds and/or mattresses.
(Department of Correctional Services Report, 1992:
3).

*Average daily population/number of prisoners. 
The total daily average of sentenced and
unsentenced prisoners for the period July 1, 1991
to December 31, 1992 was 102,2688.  There were
4,225 white prisoners, of which 4,045 were male
and 180 were female; 71,811 black prisoners, of
which 69,301 were male and 2,510 were female; 721
Asian prisoners, of which 694 were male and 27
were female; and 25,511 coloured prisoners, of
which 24,800 were male and 711 were female.
(Department of Correctional Services Report, 1992:
Table 4). 

*Number of annual admissions.  During the period
between July 1, 1991 and December 31, 1992, the
total number of prisoners admitted to the prisons
system was 604,706. (Department of Correctional
Services Report, 1992: Table 1).

*Actual or estimated proportions of inmates
incarcerated: 

Violent Crimes                      39,177
Economic Crimes                     53,977
Other Crimes (includes drug crimes) 19,219

(Captain Gerber, August 23, 1993)

          
2. Administration.

*Administration.  The Department of Correctional
Services (DOCS)and its body of correctional
officers are responsible for the administration of
prisons (Van Zyl Smit, 1992: 115). The  DOCS is
under the control of the Commissioner of
Correctional Services.  The Head of the Prison is
the key actor at the operational level in
executing the functions of the Department of
Correctional Services. (Van Zyl Smit, 1992: 120).

*Prison guards.  As of August 23, 1993, there were
a total of 22,428 prison wardens.  There were a
total of 11,380 white wardens, of which 9,682 were
male and 1,698 were female; a total of 3,082
coloured wardens, of which 2,886 were male, and
196 were female; 346 Indian wardens, of which 337
were male and 9 were female; and 7,620 black
wardens, of which 7,168 were male and 452 were
female.  (Captain Gerber, August 23, 1993).

*Training and qualifications.  To be a prison
guard or warden, a person must be a South African
citizen, between 18 and 35 years old, physically,
mentally and medically fit, have no criminal
record, have a 10th grade education, must have
successfully completed the basic training course,
and must be HIV-negative.

*Expenditure on the prison system.  The total
expenditure of the Department of Correctional
Services for Fiscal Year 1991/1992 was
R1,337,777,612.(Department of Correctional
Services Report, 1992: 23).

3. Prison conditions.

*Remissions.  Sentence remissions are made at the
discretion of correctional services officials
and involve the reduction of a prisoner's sentence
by a specific period of time.  Remissions may be
allowed conditionally or unconditionally.  A
maximum remission of one third of a prison
sentence may be granted to prisoners sentenced to
2 or more years (Report of the Department of
Correctional Services, 1992: 6).
     The goal of sentence remission is to motivate
prisoners into continual cooperation and good
behavior.  Sentence remissions are not a right,
but rather a concession which must be earned.     The prisoner may
earn credits by observing
the rules which apply in the prison and by
actively taking part in programmes which are aimed
at his/her treatment, training and rehabilitation.
The number of days and months earned by a prisoner
as credits may be taken into account in
determining when a prisoner may be paroled
(Correctional Services Amendment Act No. 68 of
1993, Sect. 22A).
     Prisoners may also be released on parole into
society under certain conditions and supervision
requirements.  Prisoners may be considered for
parole after they have completed one third of
their sentence.  If the parolee violates any of
the conditions of parole, he/she can be readmitted
to prison to serve the remainder of the sentence.
(Report of the Department of Correctional
Services, 1992: 6).

*Work/education.  Sentenced prisoners in South
Africa have a duty to work. Prisoners can be paid
a small gratuity at the discretion of the
authorities (Van Zyl Smit, 1991: 548).  However,
prisoners awaiting trial do not have to work
except to clean the areas in which they are
detained (Van Zyl Smit, 1991: 218, 548).
     Prisoners do not have a "right" to study. 
Permission to study is subject to the discretion
of the commissioner.  The commissioner may
encourage the prisoner to study in his/her spare
time if it is believed the prisoner's deficient or
inadequate schooling, or lack thereof, could
possibly have been a factor in causing the crime.
(Van Zyl Smit, 1992: 211). 
     The Department of Correctional Services has
established education and training programmes to
equip prisoners with the knowledge and skills that
are necessary to obtain a job after release from
prison (Report of the Department of Correctional
Services, 1992: 14).  Vocational and skills
training programs are offered to prisoners in a
variety of fields, such as the construction
industry, furniture industry, steel industry, and
hairdressing.  A minimum sentence of 2 years is
generally required before a prisoner can be
considered for admission to a training programme. 
The determination of whether a prisoner would be
eligible for training is determined provisionally
shortly after admission.
     Training can take 3 forms: a) vocational
training which would allow the prisoner to obtain
a nationally recognized diploma or certificate; b)
specialized training in which a prisoner would be
given at least one month's intensive training
before being put to work; and c) constructive
unskilled labour (Van Zyl Smit, 1992: 221-222).
     All education and training programmes involve
literacy training.  These literacy programs are
offered free of charge and are available to all
prisoners who are unable to read or write (Report
of the Department of Correctional Services, 1992: 15). 

*Amenities/privileges.  Medical services are
provided by medical officers who are assigned to a
prison or group of prisons. Prisoners are
routinely examined on admission, prior to transfer,
prior to release (when possible), at their own 
request, when they have been injured, or when the 
district surgeon's attention is drawn specifically
to a case.
     Psychological services are also provided
directly by the Department of Correctional
Services to sentenced prisoners or persons under
correctional supervision. (Van Zyl Smit, 1992:
161). The following target groups fall under the
care of psychologists:  Prisoners identified as
having suicidal tendencies, prisoners referred by
psychiatrists and district surgeons for treatment,
prisoners for whom the court recommended
treatment, prisoners who were found guilty of
serious aggressive and sexual misdeeds, prisoners
who are referred for treatment because of problem
behaviour, prisoners who have previously received
psychological or psychiatric treatment, and 
prisoners who personally request to see a 
psychologist.
      Individual psychotherapy, group therapy,
married couples and family therapy, and
therapeutic milieu programmes are provided.
     Psychiatric services are provided by the
Department of National Health at a few major
centers.  In cases where prisoners cannot receive
psychiatric treatment in prison, medical officers
may refer prisoners from smaller centers to
prisons near a suitable hospital. (Van Zyl Smit,
1992: 161).
     Prisoners who require special treatment are
referred to specialists who conduct clinics within
the prison, or, where clinics are not available,
they are referred to specialist outpatient
departments of public hospitals or any health care
facility outside the prison.  All persons detained
in prisons are entitled to the comprehensive
health care system. (Report of Department of
Correctional Services, 1991: 3-4).
     Individual prisoners are allocated to
privilege groups A, B, C, and D.  They are then
granted the package of privileges that are
specified for each group (Van Zyl Smit, 1992:
193).  Prisoners are interviewed within 3 months
of admission and at monthly intervals at which
time their privilege group is upgraded or
downgraded.  The following areas are considered
privileges: visitation from outsiders, delicacies
during visits, letters and cards, photo albums,
telephone calls, access to radios, television sets
and reading matter, private musical instruments,
writing and poetry, library, hobbies, wearing of
jewelery, pets. (Van Zyl Smit, 1992: 195).

EXTRADITION AND TREATIES

*Extradition.  Under the terms of the 1870
Extradition Act of the United Kingdom, the Union
of South Africa signed extradition treaties
with the United States (Proclamation R.91/51 dated
April 20, 1951) and with Israel (Proclamation
R14/60 dated February 5, 1960).
     Under the 1962 Extradition Act No. 67,
extradition treaties have been established between
South Africa and the following countries:
Botswana, Transkei, Swaziland, Bothuthatswana,
Venda, Malawi, Ciskei, and China (Amanda Haasbroek,
3/09/1993).
     Agreements entered into by the United Kingdom
prior to South Africa becoming a Republic are
deemed to be legitimate treaties involving 
South Africa and the following countries:
Argentina, Austria, Hungary, Belguim, Bolivia,
Brazil, Chile, Colombia, Denmark, Ecuador, France,
Guatemala, Haiti, Italy, Liberia, Luxemburg,
Mexico, Monaco, Netherlands, Paraguay, Romania,
Russia, El Salvador, San Marino, Spain,
Switzerland, Thailand, Tonga, Uruguay, and Greece. 
(Amanda Haasbroek, September 3, 1993). 

*Exchange of prisoners.

*Specified conditions.  A request for the
extradition of persons from certain countries is
usually made through diplomatic channels. The
channels through which a request is advanced may
depend on the extradition agreement in question. 
For example, the extradition convention with 
Bophuthatswana, Ciskei and Venda and the
extradition agreement with Transkei, provide for a
shortened procedure which negates the necessity of
diplomatic channels.
     If an extradition request is received from a
country that does not have an extradition
agreement with the Republic, the State President
may consent in writing to surrender the specific
person.  At present negotiations are being held
with Australia, Namibia, Germany and the United 
Kingdom to establish extradition agreements.
(Department of Justice Report, 1992: 82).

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Publications Act No. 42 of 1974

Wilfried Scharf
Professor and Director
Institute of Criminology
University of Cape Town
Private Bag
Ron de bosch 7700
South Africa
Tel: 021-650-2980
Fax: 021-650-3790

Rona Cochrane
Public Relations Officer
Institute of Criminology
University of Cape Town
Private Bag
Ron de bosch 7700
South Africa
Tel: 021-650-2980
Fax: 021-650-3790