Prisoner transfer to South Africa: Some of the likely challenges ahead

Abstract

For many years the South African government has been reluctant to enter into prisoner transfer agreements. This reluctance is demonstrated by at least two instances. The first is that in 2000 there was an attempt by an opposition member of parliament to move a private member's Bill on the transfer of offenders between South Africa and other countries. This Bill, although supported by some officials from the Department of Justice, was not passed because it was, inter alia, opposed by the Department of Correctional Services since, amongst other things, it did not provide for the cost of the prisoner transfer, and it was not clear if the Correctional Services Act3 was to be amended to empower the Minister of Correctional Services to administer the law relating to the transfer of offenders.