More than a quarter of prisoners have not been convicted of anything, they just couldn’t meet bail requirements.
Themba* had been arrested for stealing a single bar of deodorant when I met him as a public defender at the Johannesburg magistrate’s court. He said he hadn’t stolen it and that there had been a misunderstanding at the shop.
The legal term for them is “remand detainees” but really they are people who are, in our system of justice, presumed innocent and should be released unless there are good reasons for detaining them. Prisoners cannot physically distance and the situation is that much worse for remand detainees. For those awaiting trial,. In addition to the overcrowding, unsanitary conditions in many cells where running water may be a rarity and a single toilet and shower is shared among all occupants of a cell, make maintaining good hygiene almost impossible. If nothing is done, prisons will inevitably become infection hotspots for Covid-19.
Though the intention behind these bail regulations is laudable, as a practical matter they are unlikely to result in any real change. In addition, the regulations do not do away with the onerous requirements that prevent many from getting bail in the first place and many will still not be able to afford it.
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