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Children in Prison: South Africa

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Children in Prison: South Africa Children in Prison: South Africa http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1985_02 Use of the Aluka digital library is subject to Aluka’s Terms and Conditions, available at http://www.aluka.org/page/about/termsConditions.jsp. By using Aluka, you agree that you have read and will abide by the Terms and Conditions. Among other things, the Terms and Conditions provide that the content in the Aluka digital library is only for personal, non-commercial use by authorized users of Aluka in connection with research, scholarship, and education. The content in the Aluka digital library is subject to copyright, with the exception of certain governmental works and very old materials that may be in the public domain under applicable law. Permission must be sought from Aluka and/or the applicable copyright holder in connection with any duplication or distribution of these materials where required by applicable law. Aluka is a not-for-profit initiative dedicated to creating and preserving a digital archive of materials about and from the developing world. For more information about Aluka, please see http://www.aluka.org Children in Prison: South Africa Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 2/85 Author/Creator United Nations Centre against Apartheid; McLachlan, Fiona Publisher United Nations, New York Date 1985-01-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1985 Source Northwestern University Libraries Description Ms. McLachlan is associated with the Institute of Criminology, University of Cape Town, South Africa. This study was commissioned by Defence for Children International, a non-governmental organisation with headquarters in Geneva, as one of the series of studies on children in prison with adults. It was slightly condensed for publication in the Notes and Documents series. Additional material and comments were prepared by Professor Dirk Van Zyl Smit, Director of the Institute of Criminology, Universityof Cape Town. Format extent 77 page(s) (length/size) http://www.aluka.org/action/showMetadata?doi=10.5555/AL.SFF.DOCUMENT.nuun1985_02 http://www.aluka.org NOTES AND DOCUMENTS* NOTES AND DOCUMENTS* January 1985 CHILDREN IN PRISON: SOUTH AFRICA by Fiona McLachlan "\ 7AW. ... .. /Note: Ms. McLachlan is associated with the Institute of Criminology, University of Cape Town, South Africa. This study was commissioned by Defence for Children International, a non-governmental organization with headquarters in Geneva, as one of the series of studies on children in prison with adults. It was slightly condensed for publication in the Notes and Documents series. Additional material and comments were prepared by Professor Dirk Van Zyl Smit, Director of the Institute of Criuinology, University of Cape Town. The views expressed are those of the authors./ *All material in these Notes and Documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. United Nations, New York 10017 UNITED NATIONS CENTRE AGAINST APARTHE/D 2/85 85-07291 PREFACE The detention of children in adult prison is inevitably an emotional issue. Prisons anywhere are grim places. Especially horrifying are large bare cells that are designed for adults but filled with juveniles who look as if they belong somewhere else. It might be true that alternative facilities are not available for the detention of juveniles. Where this is the case, something must be done about it. The material that has been assembled here is designed to highlight the position of children in adult facilities in South Africa. In the report which was commissioned by Defence for Children International, and written in December 1983 for the Institute of Criminology at the University of Cape Town by Fiona McLachlan, a careful attempt was made to place the knowledge that we had at the time in its full social, political and legal context. She has quite deliberately avoided drawing final conclusions and has left it to the reader to answer the question about what is to be done. Since December 1983 there have been a number of further developments. The South African prison service has apparently decided to adopt a policy of greater openness. An opportunity to visit an adult prison in which juveniles are housed was accepted gratefully. The results of this visit are recorded in the Annex I to the present report. There have also been some minor changes in law and policy. Where necessary, I have inserted the new information in the text of the initial study. However, I have not materially altered the initial report. It is noteworthy that the statistics for the number of juveniles detained in prison on a single day in 1984 (see p. 9 of the report) show that there appears to have been a significant decline in the number of sentenced juveniles in particular. Perhaps the publicity that the parliamentary questions in 1983 engendered, contributed to a change of policy. On the other hand, there was an increase in the number of children admitted to prison with their mothers. It is hoped that the work that has been done will serve to provide the basis not only for a reduction in the number of juveniles detained in adult facilities and in the conditions of their detention, but that it will eventually lead to the total exclusion of juveniles from the adult prison system. Dirk Van Zyl Smit Professor and Director Institute of Criminology Cape Town CONTENTS INTRODUCTION Scope of report............... Problems SOUTH AFRICA - A SOCIO-POLITICAL SUMMARY ........ Country and population Government and political participation ......... The courts and the legal system Apartheid laws and society .......... The Population Registration kct The Group Areas Act .......... Pass laws and influx control. General comments.......... Crime and imprisonment NUMBER OF CHILDREN IN SOUTH AFRICAN PRISONS ........ THE POSITIVE LAW AND ITS ENFORCEMENT The Children's Act ........ The Common Law ..... The Criminal Procedure Act ........ The Prisons Act Security legislation: The Internal Security Act ........ PRISON CONDITIONS FOR CHILDREN The Prisons Act and Consolidated Prison Regulations ...... Prisoners in general Unconvicted prisoners ........ The Prisons Service Prison gangs ....... ANNEX I Report on visit to children in prison 3 .3 4 24 25 5 6 "7 ......... 15 18 ........ 16 ........................................125 .. .. .. 25 ......................................... 29 30 ..........................................3 Table I ......... Table ' ANNEX II Interviews ........ Interviews with mothers detained with children Interviews with children ......... Juvenile criminal offenders Political offenders........... 38 ........... 38 40 ....... 41 4 1 ANNEX III Transcript of telex from Prisons Service to Sunday Times ...... 47 ANNEX IV Sample questionnaire for interviews with mothers 52 ANNEX V Sample quessionnaire for interviews with children ........ 54 ANNEX VI List of welfare agencies approached 56 BIBLIOGRAPHY .......58 NOTES .......61 - 1- INTRODUCTION Scope of report This report was written for Defence for Children International, an organization based in Switzerland which is conducting an international survey of prison conditions for children. The study is limited to children under the age of 18 who have been imprisoned in adult penal facilities for any reason whatsoever. In South Africa, children may be kept in police cells or prisons for one of the following four reasons: (a) If they are unconvicted prisoners: (b) If they are sentenced prisoners: (c) If they have been transferred from a reform school to prison: or (d) If they have been admitted with their mothers who are unconvicted or sentenced prisoners. Defence for Children International requested a comment on the "traditional, cultural and social setting of the problem", in addition to a report on the laws relating to the imprisonment of children, as well as details of prison conditions. This report contains the findings of the study of child imprisonment in South Africa. Unfortunately in South Africa, in terms of government policy, an individual's race determines his/her status in society. Throughout this report reference is made to different racial groups. Furthermore, official statistics in South Africa are generally given separately for each racial group. Problems The Prisons Act states: "Any person who.. .publishes or causes to be published in any manner whatsoever any false information concerning the behaviour or experience in prison of any prisoner or ex-prisoner or concerning the administration of any prison, knowing the same to be false, or without taking reasonable steps to verify such information (the onus of proving that reasonable steps were taken to verify such information being upon the accused)... shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand, or in default of payment, to imprisonment for a period not exceeding two years or to such imprisonment without the option of a fine or to both such fine and such imprisonment." l/ - 2 - The above restriction and the lack of free access to prisons have ensured that there is very little information on South African prison conditions in general. Defence for Children International specifically requested that certain data be obtained by means of interviews with women and children in prison. Questionnaires were prepared in accordance with its instructions and these were used as a guide for the interviews.
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