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Towards the Establishment of a Prisoners Transfer Legal Regime in South Africa: Failed Attempts, Available Options and Critical Issues to Consider

Towards the Establishment of a Prisoners Transfer Legal Regime in South Africa: Failed Attempts,... ∗ I. INTRODUCTION As at 17 August 2010 South African prisons were home to 4,868 sentenced foreign prisoners and 3,712 awaiting trial foreign inmates. Of the 4,868 sentenced prisoners, 1,845 had been convicted of economic-related crimes, 1,899 for aggressive offences, 560 of narcotic offences, 246 of sexual offences and 326 of ‘other’ offences.1 Media reports indicate that it is estimated that over 1,000 South Africans are serving prison sentences in foreign countries such as Mauritius, the United Kingdom, Brazil and Venezuela and ‘[a]ccording to statistics made available by the Chief Directorate of Consular Services, 91 percent of women and 51 percent of men jailed abroad are serving drug-related sentences.’2 Other countries in the region such as Botswana,3 Namibia4 and Tanzania5 also host a sizeable number of foreign nationals in their prisons. However, unlike some countries in the region that have enacted legislation to govern the transfer of prisoners to and from their jurisdictions, South Africa is yet to enact such ∗ LLD (University of the Western Cape), LLM (University of the Free State), LLM (University of Pretoria), LLB (Makerere University). Senior Lecturer, Faculty of Law, University of the Western Cape (UWC) and Research Fellow, Community Law Centre, UWC. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Towards the Establishment of a Prisoners Transfer Legal Regime in South Africa: Failed Attempts, Available Options and Critical Issues to Consider

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2012
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2012.0034
Publisher site
See Article on Publisher Site

Abstract

∗ I. INTRODUCTION As at 17 August 2010 South African prisons were home to 4,868 sentenced foreign prisoners and 3,712 awaiting trial foreign inmates. Of the 4,868 sentenced prisoners, 1,845 had been convicted of economic-related crimes, 1,899 for aggressive offences, 560 of narcotic offences, 246 of sexual offences and 326 of ‘other’ offences.1 Media reports indicate that it is estimated that over 1,000 South Africans are serving prison sentences in foreign countries such as Mauritius, the United Kingdom, Brazil and Venezuela and ‘[a]ccording to statistics made available by the Chief Directorate of Consular Services, 91 percent of women and 51 percent of men jailed abroad are serving drug-related sentences.’2 Other countries in the region such as Botswana,3 Namibia4 and Tanzania5 also host a sizeable number of foreign nationals in their prisons. However, unlike some countries in the region that have enacted legislation to govern the transfer of prisoners to and from their jurisdictions, South Africa is yet to enact such ∗ LLD (University of the Western Cape), LLM (University of the Free State), LLM (University of Pretoria), LLB (Makerere University). Senior Lecturer, Faculty of Law, University of the Western Cape (UWC) and Research Fellow, Community Law Centre, UWC.

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Jun 1, 2012

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