EFFECTIVE COUNTERMEASURES AGAINST OVERCROWDING
OF CORRECTIONAL FACILITIESBen S. Buchane*

I. INTRODUCTION
Namibia is a signatory to the United Nations Standard Minimum Rules for the Treatment of Prisoners
and has adopted a mission statement for the Department of Prisons and Correctional Services which reads:“The Namibian Prison Service, as an integrated part of the Justice System, contributes to the protectionof society by providing reasonable, safe, secure and humane custody of offenders in accordance with
universally acceptable standards, while assisting them in their rehabilitation and social reintegration as
acceptable law abiding citizens”.
The purpose of this paper is therefore to present facts on how the Namibian Prison Service is grapplingwith the problem of overcrowding and the approach taken to reduce recidivism. The paper is inclusive ofhigh level national progressive initiatives currently being pursued by Government in accordance with thethird National Development Plan (NDP 3) 2007/8-2011/12 sub-sector goal 2: Lawful Detention and Reduced
Re-offending.
The options are in the form of remission, parole, amnesty, pardon, reprieve, prison population
management strategies, community services orders and more importantly, addressing the issues ofrecidivism and factors in regard to overcrowding of correctional facilities.

II. WHAT DOES OVERCROWDING MEAN?
Overcrowding is interpreted in the current pocket Oxford dictionary as “fill beyond what is usual or
comfortable”. This definition is not far away from our context in the prison administration. In prison,
overcrowding describes the situation when the total number of inmates in prison is beyond the authorizedholding capacity.

III. FACTORS THAT LEAD TO OVERCROWDING
Some individuals think about offenders, and even treat them, as if they are not human. Ideas such asthese are haboured by some technocrats in the criminal justice system (Radzinowicz 1991), e.g. police
officers, crime investigators, prosecutors, magistrates, and even judges. They perceive imprisonment as away to isolate those members of society accused and found guilty of committing crimes. This notion impacts
severely on correctional services as follows:•

Infrastructural related issues and demography, coupled with the world recession, mean that mostof the inherited structures do not provide enough accommodation for the ever-increasing prison
population. Plans are at an advanced stage to extend existing prisons, build new ones, introduce unit
management, construct halfway houses and construct offices for the Namibian Community Service
orders. etc.;•

Magistrate courts, which handle the majority of criminal cases, are backlogged with cases, resulting
in prolonged postponements. The investigation of crimes is very slow, to the extent that sometimes
no cogent reason is given to presiding officers in court to deny or grant bail. Judicial officers seemto be very slow in processing appeals from convicted inmates to an extent that they even have their* Senior Superintendent, Oluno Rehabilitation Centre, Prisons and Correctional Services, Ministry of Safety and Security,
Namibia.

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appeal dates set after they have been released from prison. However, this is expected to change with a
new High Court in place in the North where the prison with a high number of admissions is situated.

IV. PRISON POPULATION MANAGEMENT STRATEGIESCombating prison overcrowding is being discussed in criminal justice circles. In March 1996 for example,
the overcrowded prisons were Windhoek Central Prison, Omaruru and Grootfontein. In response, during theFirst Workshop on Management of Prisons, held at Harmony Seminar Centre in 1996, the then Permanent
Secretary in the Ministry of Prisons Services, Mr. Frans Kapofi, had this to say at length: “The situationof overcrowding is very much closely monitored after introducing classification of prisons. The maximumsecurity prisons of Windhoek Central, Walvisbay, Hardap, and Oluno are responsible for incarcerationof long-term prisoners. Once prisoners are received in receiving centres which include Luderitz,
Keetmanshoop, Omaruru, Grootfontein and Swakopmund, they are immediately sent to the nearest
maximum security prison. Also with open prison farms like Divundu and Elizabeth Nepemba Juvenile
Centre, is yet another method of dealing with overcrowdness, as selected first offenders from maximum
security prisons are transferred to these centres. This move is expected to ease and control congestion in
the prisons”.
Discussions were held on associated problems and side effects and finally a plan of action to effectively
deal with this matter was designed. With the available resources, Farm Scott Open Prison is now
operational, training inmates in animal husbandry. The management of the inmate population is effective.
Every day, criminals are arrested, sentenced, and placed into the care of correctional services, but they are
well managed.
Being the final recipients, Namibian Prison Services is braced to admit criminals as per international
standards and procedures. With the Corrections and Conditional Bill in its final stages, it is expected tobring new strategies to effectively address re-offending attitudes of inmates and reduce overcrowding ofcorrectional facilities. This law will lead to a complete re-engineering of the rehabilitation system to address
recidivism. To appreciate crime trends, refer to Tables 1 and 2 in the Appendix.

A. Remission
Remission of sentence is a tool of stabilizing prison discipline and order. It is a deduction from asentenced prisoner’s total sentence and thereby shortens the term of imprisonment. It is a reward toinmates to promote good conduct and co-operation. Section 92(1) subject to subsection (2), (3) and (5) of
the Prisons Act, 1998 (Act No. 17 of 1998) stipulates that “a person sentenced to a period or periods ofimprisonment may, by reason of meritorious conduct and industry, during such period of imprisonment earnremission of part of such period, equivalent to one third of the total of the period in question.”
B. Parole
Parole is an instrument in the hands of the Service to supplement, the testing, outside the prison
walls, of genuine signs of recovery. It is a further stage after remission. If the administration through its
disciplinary and observation machinery is satisfied that such a prisoner has displayed meritorious conduct,self-discipline, responsibility and industry after a certain period, may qualify for consideration for parole.
Such a prisoner must be serving a sentence of three years and above, must have served one third of his or
her sentence. Usually, consideration is given to prisoners whom it is believed will not revert to crime. By sodoing, the prisoner may benefit as follows:••

He or she enabled to contribute to the support of his or her dependants, also relieving especiallyjuveniles and first offenders who know that punishment entails the stigma of imprisonment, while
influencing prisoners by means of certain conditions to lead an honest life, whilst the threat of an
unexpired sentence hangs over their heads;
The authorities can determine whether the effect of imprisonment is such that the prisoner will beable to refrain from committing further crimes during parole and even after.

In support, the Commissioner of Prisons Mr. Evaristus Shikongo stated that: “It is through this belief
that we are seriously thinking of strengthening and improving the parole activities. We are intending toappoint the so long missing Release Board which is going to work effectively on issues of parole, remission

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and release dates of prisoners. The people involved in the prison, heads of prisons, social workers and headsof sections, should work according to the laid down regulations and submit the necessary inputs to allow therelease board to work efficiently”.

C. Amnesty
In terms of the Prisons Service Act, section 93(1), (Act 17 of 1998) it reads “In the exercise of his or her
powers to pardon or reprieve offenders under sub–Article (3) (d) of Article 32 of the Namibian Constitution,
the President may call upon the Minister to recommend to him or her any offender for such pardon or
reprieve, and may invite the comments of the Minister of Justice thereon”.
V. ALTERNATIVES TO IMPRISONMENT
A. Legal Framework
Two aspects of non-custodial sentencing are highlighted, namely, international guidelines and alternative
sanctions provided for by national legislation on non-custodial measures.
1. International Guidelines
The need for non-custodial sanctions is recognized at the international level. Relevant here are the
Guidelines contained in the United Nations Standard Minimum Rules for Non-custodial Measures (TheTokyo Rules). As a proud member of the civilized international community, the Namibian Prison Services
adheres to and respect international obligations, including these standards.
2. Non Custodial Measures
At the national level, the necessity of non-custodial sanctions is highly recognized and provided forby lawmakers. Various pieces of legislation make provision for alternative sentences, including: fines,
discharges, compensations, security for keeping the peace, probation, reconciliation, extra-mural labour,and addition or discharge with bound. Part of Section 297 of the Criminal Procedure Act (No. 51 of 1977) on
Conditional or Unconditional Postponement or Suspension, and Caution or Reprimand, is worth quoting at
length:“Where a court convicts a person of any offence, other than an offence in respect of which any law
prescribes a minimum punishment;
The court may in its discretion – postpone for a period not exceeding five years the passing of sentence
and release the person concerned – (i) on one or more conditions whether as to – (aa) compensation;(bb) The rendering to the person aggrieved of some specific benefit or service in lieu of compensation
for damage or pecuniary loss; (cc) The rendering of some service for the benefit of the community; (dd)Submission to instruction or treatment; (ee) Submission to the supervision or control (including control overthe earning or other income of the person concerned) of a probation officer as defined in the Children’s Act,
1960 (Act 33 of 1960); (ff) The compulsory attendance or residence at some specified Centre for a specificpurpose; (gg) Good conduct; (hh) Any other matter; although there are Legal provisions on the statutebooks, the sanctions are rarely used, preference being given to imprisonment. Etc.”

B. Community Service Orders
This project began after a national seminar on Community Service Orders was held at Safari Court
Hotel in Windhoek in 2001. In attendance were relevant Ministers, Regional Governors, NGOs, Communityand spiritual leaders. Thereafter, the Minister of the then Prisons and Correctional Services conductedconsultative meetings with Regional Leaders to reach consensus on how to implement this very important
programme, relevant to rehabilitating offenders within the community. In the ensuing consultations,district committees were formed followed by the launching of the pilot project in 2005. In that same year,
three significant seminars on Community Service awareness were conducted for members of Parliament,
Members of the Press and Members of Law Societies.
1. Road Map for the Implementation of Community Services
The project was piloted at five Magistrate Districts Courts in four Regions: Katima Mulilo, Opuwo,
Ondangwa and Rundu. Guidelines were set and adopted in 2008 as follows:

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Review, monitor, budget, train, develop guidelines, design programmes, set up a National Steering
Committee to influence decision makers, introduce the project to policy makers, revise existingmodels through exposure visits to neighbouring states and create public awareness campaigns.

Stakeholders were convinced that Community Service Orders were needed for selected first-timeoffenders who have committed non-serious crimes, to perform unpaid work for communities as part of theirrehabilitation. Not every one can pay a fine and therefore many persons are sent to jail.
2. Current Progress
Another National Conference was held in Windhoek in August 2008 to counteract crime with thefollowing aim:•

To examine progress achieved, critically examine challenges, address them for better results,
consolidate support for the amendment of the Criminal Procedure Act, enact new enabling
legislation, seek a mandate for continuation, and resolve the plight of remand prisoners, etc.

3. Actual Challenges
The law has provisions for alternatives to imprisonment (non-custodial sentences.) The main issue isthat those provisions are rarely utilized. In this section, the non-utilization of those provisions is explained;
constraints and limitations likely to be encountered in the introduction of community service nationwide.
Combating crime and criminal justice administration are sensitive areas involving multiple stakeholders.
Like all sensitive areas, it is very difficult to secure agreement, be it on matters of policy or strategy. In thepast, criminal justice had many shortcomings as powerful stakeholders dominated weaker ones during final
decisions. That dominance has been found obsolete, hence collaborative strategies, including community
service.
4. Limitations and Constraints• There are established views and perceptions about crime and severity of punishment. Some people
think community service is a soft option; some stakeholders, victims of crime, communities andsome members of law enforcement agencies are reluctant to use it, feeling that community service
rewards crime;• There is misconception and misunderstanding of the scheme, associated with prevailing economic
conditions. There is a public perception that in the light of levels of massive unemployment, jobs forlaw-abiding citizens may be lost due to the availability of free labour provided by criminals;• Political will is essential for the success of community service. Policy and opinion makers must
be able to appreciate the limits of inherent dangers in imprisonment as well as to understand thebenefits that accrue from community service. There should be willingness at the political level tosensitize communities in the constituencies;• Mobilization of human and financial resources needs to be carefully planned and the resources madeavailable, especially in the start-up phase;• Planning, organizing and co-ordination of community service activities need to be thoroughly
explained and rigorously checked to reduce margins of error;• The success of the programme is dependent upon supervision of Community Service Orders;
supervisors need to be carefully selected and properly trained;• Beneficiaries of Community Service Orders should be carefully selected and monitored.  

VI. CORRECTIONAL PROGRAMMES TO PREVENT RE-OFFENDING
A. Raison d`etre
The rationale of rehabilitation, values and beliefs are the re-integration into society of offenders as
law-abiding citizens capable of leading honest and industrious lives after imprisonment, having fully
developed self-respect and sense of responsibility. Therefore, Namibian Prison Services’ main aim is toprovide services of which the public can be proud. This is regarded as a standard of excellence locally andat international level, as per the Mission statement. Currently there are positive indications that the fightagainst recidivism is fast gaining momentum, as explained hereunder.

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B. Public-Private Partnership
Addressing the offending attitude of inmates is a correct way of combating crime. Repeat offenders are
known to be a problem. Some of them commit very serious crimes while on bail or awaiting trial. In this way
they become even more dangerous to public safety. In a bid to involve Non-Governmental Organizations,a public-private partnership commenced in August 2003, between the Namibian Prison Services and Bank
Windhoek on Entrepreneurial Skills training programme for inmates at Windhoek Central Prison.
The programme was executed by Development Consultants for Southern Africa (DECOSA). A total
number of 88 participants were trained. For the sake of long sustainability without external assistance, three
long-term inmates were trained to run the course with limited assistance.
Research is being conducted on the result of rehabilitation programmes. It indicates that for the last
four years, 38.2% of the released offenders have successfully started their own businesses. They have
employed thirty-one employees and a number of part-time staff. Bank Windhoek further processed loans to
two companies owned by released offenders to the amount of N$219,000.00. The benefits which accrued to
ex-offenders are:
•
•
•
•
•

Practice oriented training;
Knowledge gained convinced family members that ex-offenders want to run their own businesses
and cannot wait for funds after release;
Creation of new enterprises in that 54% of them are registered entities;
Participants gained self knowledge to survive, fight competition, identify business ideas, opportunities, flexibility, reliability, increase knowledge in marketing, customer care, negotiation skills, costing, pricing, procurement, stock keeping and knowledge in preparing business plans;
Research shows that 32.3% of the participants are currently employed in different sectors, whereas
14.7% are doing further studies at Polytechnic of Namibia and Windhoek Vocational Training Centre,
while five are still resettling.

Furthermore, all sentenced inmates are eligible for training with due cognizance of their qualifications,previous experience, aptitude, abilities, psychological and physical condition. The aim of training inmatesis to equip them in such manner that they can lead an honourable, independent and decent life after theirrelease. Here is a package of the rehabilitation programmes being offered to inmates by the Namibian Prison
Services:(i) ocational Training: a prisoner can obtain a Diploma or Certificate which enjoys NationalV
recognition. Refer to Table 4.
(ii) Specialized Training: This is all training in which a period of at least one month’s intensive training
precedes production in that training area.
(iii) C onstructive Unskilled Labour: (CUL): this is all work which does not fall under any of theabovementioned categories.
On 24 February 2009, the Minister of Safety and Security, the Honourable Dr. Nickey Iyambo, stated
that: “In the same process of reducing recidivism, reduction of overcrowding should also enjoy a special
emphasis. You cannot offer rehabilitation programmes effectively if the institutions are overcrowded.
Therefore, programmes aimed at easing overcrowding should be intensified.” This high level instruction is
being worked on and the results are already showing.

VII. HUMAN RESOURCE DEVELOPMENT
Namibian Prison Services require competent staff capable of carrying out their day-to-day duties withzeal and commitment. Members are carefully selected based on qualification and suitability. In the samevein, promotions are based on integrity, honesty and other competencies associated with capabilities toeffectively render the administration of justice to offenders.
In this regard, qualifying applicants are recruited and trained to supplement the existing numberof serving members. Professionals and specialists such as teachers, nurses, social workers and trade
instructors have been appointed after going through a tough interview session.

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Through proper adherence to the Commissioner’s Directives, the code of conduct, Prisons Act, (Act 17
of 1998), prison regulations and other administrative circulars, the system is perfecting its respect of thefundamental human rights of offenders.
The Namibian Prison Service has over the past years invested heavily in recruiting and training its
personnel to reduce the shortage of manpower. As of 2009, the staff to prisoner ratio stands at 3:0. The
Prison training curriculum is being retailored to suit the purpose of the Corrections and Conditional Billcurrently under debate in parliament.

VIII. CONCLUSION
The Namibian Prison Service is genuinely concerned about imprisonment trends. It is for this reason
that the call is always made to other government agencies and stakeholders to appreciate these concerns,
and to seriously start thinking about how to implement appropriate measures. The total occupancy rate in
Namibian prisons is only 4,315 as of 11 May 2009, against the total national carrying capacity of 4,347.
This is good news, even though warning signs in terms of crime increase are already apparent. A policy
decision is being taken to introduce non-custodial measures in the form of community service as one of theoptions that can help alleviate problems associated with the rehabilitation of short-term prisoners.
Criminals come from and belong to society. Therefore society has an important role to play in theirtreatment. Non-custodial measures provide an opportunity for criminals to reconcile with communities from
where they come, as observed by Dr. Andrew Coyle (1993:315), the governor of Brixton Prison, London.
As the world moves towards setting effective counter measures against overcrowding of correctional
facilities, making sure that people can establish crime free lives, helping those who have been in prison
to lead law abiding lives on release, then support mechanisms can only be sought in the community toeradicate the fear of miscarriage of justice. It is quite apt that people are very much less likely to commit
crime if they have somewhere to live, if they have means of earning a living, if they have a personal support
system. Refer to Table 3.

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APPENDIX
Table 1: Namibia Prisons: Capacity and Total Inmates admitted per Year
PrisonWindhoek
HardapOluno
Walvis bay
Omaruru
Grootfontein
Swakopmund
Keetmanshoop
Luderitz
GobabisDivunduE/Nepemba
Farm Scott
Total Admitted

Capacity

Number ofinmates
2002-2003

912
941
557
300
59
70
88
110
290
220
480
320
4347

2003-2004 2004-2005 2005-2006 2006-2007 2007-2008

882
276
1242
218
416
21
251
683
150
392
4531

1047
258
1414
245
371
34
178
707
105
289
4440

1047
214
1256
208
573
43
271
597
95
504
6
4576

1337
180
1054
253
380
147
305
395
58
318
4427

696
251
829
175
331
292
294
433
77
322
3700

815
102
1038
200
327
376
333
423
78
362
3723

Table 2: Namibia: Imprisoned Inmates Population according to Duration of Sentence
2002-2003
Up to 6 months
Over 6 months-2 years
Over 2-3 years
Over 3-5 years
Over 5-10 years
Over 10 years
Habitual
Lifers
Total

2088
1456
180
159
111
108
4
4106

2003-2004

2004-2005

2005-2006

2006-2007

2007-2008

2043
1382
284
151
76
50
3
3990

1830
1701
312
200
99
65
1
4208

1768
1371
312
174
112
117
1
3855

1564
1116
247
139
96
54
3
1
3220

1502
1228
221
144
89
115
1
1
3301

Table 3: Community Services Workers in 2008
RegionCaprivi (Katima Mulilo)
Oshana (Ondangwa)
Kunene (Opuwo)
Total

Total combined hours
11,1002,610
1,620

No. Of offende
29
12
11

Average hours
383
218
147

15330

52

295

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Table 4: Education Report for Oluno Rehabilation Centre 2006 – 2009
Education Level
Tertiary
Diplomas/Degrees
Senior Secondary
Certificates

2006

2007

2008

2009

1

1

1

1

7

10

9

30

Junior Certificate

6

4

10

19

Literacy

71

109

146

185

Number of Rooms usedand capacity

85

85

85

85

Inmates

Members

Ratio

1247
872
728
359
133
98
111
52
134
82
338
79
82
4315

401
164
186
131
48
41
48
53
30
42
108
79
93
1424

3.1
5.3
3.9
2.7
2.8
2.4
2.3
0.98
4.5
1.9
3.1
1
0.9
3.0

Source: nps january to march 2009 report

Table 5: Inmates and Members Ratio per Institution
Stations
Windhoek Prison
Oluno Rehabilitation Centre
Hardap Prison
Walvisbay Prison
Grootfontien Prison
Swakopmund Prison
Keetmanshoop Prison
Luderitz Prison
Gobabis Prison
Omaruru Prison
Divundu Rehabilitation Centre
E. Nepemba Juvenile Centre
Farm Scott
Total

BIBLIOGRAPHY
DEVELOPMENT CONSULTANT FOR SOUTHERN AFRICA 2007. Survey on Released Participant of
Entrepreneurial Skills Training Programme a Windhoek Prison. Internal Document.
Republic of Namibia. National Planning Commission. 2008 Third National Development Plan (NDP3)
2007/08 – 2011/12 Volume 1 Windhoek.
Sufian Hemed BUKURURA, 2008, Grappling with Community – Based Sanctions in Namibia. In National
Conference on Community Service Orders. Windhoek: Prison Service Libraries: 37 – 45.

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