Coming Soon: Fund to Support Bail Payment Assistance -

More than 2,600 people awaiting trial find themselves confined in overcrowded prisons throughout South Africa primarily because they cannot afford bail set below R1,000. In addition, many others face challenges when it comes to paying bail amounts exceeding R1,000.

To combat this issue, the Bail Fund working group, led by the Judicial Inspectorate for Correctional Services (JICS) and supported by the Bertha Centre along with various organizations, is preparing to launch a small pilot project. This initiative aims to aid detainees who have been granted bail but do not have the financial resources to pay it.

During a meeting of the working group on Thursday, JICS inspecting judge Edwin Cameron emphasized that the Bail Fund aims to confront the “injustice of being detained solely due to lack of financial means” and reduce the issue of overcrowded prisons. Approximately 742 individuals in Gauteng and 798 in the Western Cape are unable to afford bail at this time.

“We serve as a temporary measure. Our goal is not systemic change,” Cameron stated.

He pointed out potential obstacles that the Bail Fund might encounter, adding, “There could be pushback. However, the human cost and the evident injustice of unaffordable bail cannot be ignored.”

Cameron clarified that the Bail Fund will function independently of the National Prosecuting Authority, the courts, the Department of Correctional Services, and JICS.

The Fund will focus specifically on low-risk offenders, assisting those charged with minor offenses where bail amounts are below R1,000.

Anton du Plessis, Deputy National Director of Public Prosecutions at the National Prosecuting Authority (NPA), highlighted during the meeting that the Bail Fund fits well within the NPA’s policy framework.

“For any bail amount under R1,000, it is vital that prosecutors ensure these individuals are not incarcerated due to an inability to pay bail,” du Plessis emphasized.

“We must enhance our efforts. The statistics clearly indicate that we are failing to ensure that those who cannot afford these low bail amounts are not kept in custody,” he added.

Cynthia Ramulifho, chief deputy human resources commissioner from the Department of Correctional Services, expressed her support for the Bail Fund, particularly for its potential to ease overcrowding in prisons.

She mentioned a growing number of remandees in the Eastern Cape who lack the means for bail, asserting that the Bail Fund would benefit the state by lowering costs associated with food, electricity, and medical services for individuals who should be released.

Special remissions between 2019 and 2023 led to a decrease in the sentenced prisoner population, although the count of detainees awaiting trial or sentencing continues to rise. Graphic: Daniel Steyn

Bail Funds in Other Nations

A group of students from Harvard Law School’s Advocates for Human Rights conducted research to assist in forming the South African Bail Fund, examining global bail practices.

“Cash bail in a highly unequal society such as South Africa results in a fundamentally unequal criminal justice system where one’s liberty depends on socioeconomic status,” asserts the Harvard study.

“Individuals are considered innocent until proven guilty; however, they experience poor prison conditions and negative consequences without immediate opportunities for release or access to rehabilitation programs.”

The Malawi Bail Project, identified as an “access to justice initiative,” helps people charged with minor offenses apply for bail during their initial court appearances. The project focuses on educating individuals about their right to bail, aiming to increase the number of bail applications filed in courts.

Based on the Malawi Bail Project’s website, a lack of legal aid lawyers often leaves individuals arrested and brought to court without representation or an understanding of their right to bail, resulting in detentions in “severely overcrowded prisons.”

The Malawi Bail Project aims not only to address financial barriers but also to “empower remand detainees to comprehend and exercise their rights while strengthening the capacity of the criminal justice system,” according to the study.

In the United States, the non-profit organization The Bail Project provides bail funding to thousands of individuals without financial means. Additionally, the organization offers support after release, including transport to court.

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