Correctional Services are working to streamline the legalities allowing for easier deportation of foreign national offenders.
Just over one in every 10 prisoners in South Africa is a foreign national.
The Department of Correctional Services (DCS) revealed this ratio when responding to a parliamentary question about any potential increase in the rate of foreign national arrests.
Police have reported numerous successes involving foreign nationals this year, prompting questions about how they are processed.
11% of prison population not South African
The DCS conducted a nationwide tour of South Africa’s prisons in September and October to assess their operational and human resources capacities.
In their written response to the parliamentary question, the DCS revealed that, as of October 2024, the number of foreign nationals in the correctional services system was approximately 18,000.
This figure includes both sentenced prisoners and those awaiting sentencing.
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Upon arrest, the DCS identifies the nationality of suspects and relays this information to the Department of Home Affairs (DHA).
The DHA then confirms the information, and should the foreign national be in the country illegally or meet the definition of undesirability, the deportation process begins.
‘Undesirable’ is the DHA designation that refers to immigrants who overstay or do not comply with the terms of their relevant permits.
Deportation framework vague
The DCS highlighted that there is “no legal provision for the transfer of sentenced foreign nationals to their country of origin”.
At best, when foreign nationals are eligible for parole, the parolee will be deported to their nation of origin should the DHA cancel their permits or visas.
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Details of foreign parolees will be circulated to all law enforcement agencies and ports of entry and they will not be allowed to return to South Africa until their parole has expired or if they have approval from DHA.
“The DCS is at an advanced stage of consultation with Justice Crime Prevention and Security cluster with the objective of formalising a South African procedure in relation to interstate transfer of offenders,” stated the department’s response.
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