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incarceration. There are currently 241 correctional services facilities in South Africa.
Eight of these are female-only facilities.
Ninety-one (91) facilities have separate sections for female inmates, where women are
housed separately from men, which is a
legal requirement. As of November 2015,
the total population of inmates is 161,067,
of which 5,296 are women (3.3%). Of these
1,062 are remand detainees and 4,234 are
sentenced offenders. The most recent
Department of Correctional Services (DCS)
Annual Report (2013/14) reports that
women are incarcerated most often for
economic crimes (39%) and aggressive
crimes (41%), followed by narcotics offences
(8%) and other offences (13%). There is very
little else publicly available on South African
women in correctional facilities. What little is
known about women incarcerated here
suggests that they are among the most
socially and economically vulnerable
members of South African society and that
imprisonment of women has obvious deleterious effects on both children and the
remaining family members charged with
childcare responsibilities. Some children
end up in foster care, having little to no
contact with their incarcerated mothers. A
recent change in policy meant that children
are allowed to stay with their mothers only
until the age of two, when it was established
that the previous allowance of up to ve
years impacted on the childs development.
The necessarily sudden separation is traumatic for both, regardless at which age this
happens. Women in South African correctional facilities are also generally poor,
unemployed, lacking in education and often
victims of abuse (Artz et al, 2013).
imprisonment of women has obvious deleterious effects on both children and the
remaining family members charged with
childcare responsibilities
Despite commitments set out in the DCS
White Paper (2005:6) the principal strategic document aimed at directing the management and service provision of the
department to create a national inmate
population prole system, inmate demographics and other information that is
important for rehabilitation and release are
still not presented in detail in key annual
and strategic reports of this Department.
Moreover, although South African Correctional Services policies have recognised the
distinct needs of male and female inmates,
as well as their experiences of incarceration,
data on inmates remains disaggregated only
in terms of (i) the gender of remand and sentenced inmates; (ii) the gender of Independent Correctional Centre Visitors and; (iii)
the gender of persons who died from unnatural deaths in custody is reported
(amongst other indiscriminate human
resources data).
Although the number of incarcerated
women in South Africa is relatively low
roughly 3% of the total prison population
the potential impact of their incarceration,
particularly on their children, extended
families and communities, is considerable.
This is particularly so, as the limited
number of female centres often translates
to further distances from home than that of
the male population. Yet we know relatively
little about the women we incarcerate or the
conditions from which they come.
In South Africa, and indeed in other
African states, the need for a gendered
analysis in data generated and reported by
correctional services departments is critical
for the women-specic rehabilitation
project, which is the mainstay of correctional services. At minimum, we should
have some knowledge of the demographic
and health (including mental health) proles
of women in correctional facilities; of the
extent of overcrowding in womens sections
or correctional facilities, in order to assess
health and mental health risks; of genderspecic health, mental health and hygienic
needs and risks; and of the use and availability of social and mental health services.
In relation to the latter, the South African
Department of Correctional Services (DCS)
and the Judicial Inspectorate have both
raised concerns about the lack of mental
health professionals, overburdened nurses
and social workers in their Annual Reports;
with the DCS reporting in their 2012/13
Annual Report that the highest vacancy
rate among critical occupations in DCS was
for psychologist and vocational counsellor
posts at 25.6% (DCS, 2014).
Reporting on women in prison in South
Africa, and beyond our borders, is not only
remarkably sparse: it is also inconsistent
from year to year. The lack of reported data
is a result of the poor up-streaming of
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Centering Women
The starkly different experiences and concerns of women as well the corollary
impact of their incarceration was only
recently (qualitatively) documented in a
study called Hard Times: Womens Pathways to Crime and Incarceration (Artz et al,
2013). This multi-method project designed
for womens prison settings, culminated in
55 in-depth narratives of incarcerated
women. The theoretical aim of the project
was to highlight the distinctive nature of
female criminality and therefore to shift
attention from the all-male focus on crime
and imprisonment that has characterised
most South African criminology to date.
The study was exploratory, participatory
and methodologically experimental. While
it could be argued that the sample was
small, the ndings provided a cursory representation of womens pathways to
prison. Both the methodology and the ndings also provided the basis for more
focused research on the etiological factors
that began to emerge in this work. For
instance, that, analogous to predictors
found in international studies, the history of
abuse is a statistically signicant predictor
of female offending, particularly in relation
to what has been termed as atypical
female offending such as armed robbery.
Most importantly, however, the research
put women at the centre of the research
process.
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The ndings of the above studies indicate that the lives of many female offenders
are characterised by early experiences of
extreme poverty, physical and sexual
abuse, abandonment and loss, as well as
adult experiences of depravity, violence
and nancial stress. While these experiences
are not always directly related to their
crimes, they can provide the context and
the constraints within which women make
choices, including those that result in criminal behaviour. The study found that these
experiences are frequently not disclosed at
trial or to the sentencing court and are
rarely considered in sentencing. And, in
relation to sentencing, Artz et al (2013) also
identied a curious void in South Africas
knowledge and understanding of sentencing
practices as they relate specically to female
offenders, and in exploring African-based literature, found a similar dearth of information on the sentencing of female
offenders.
Some of these rights are further elaborated in the Regulations, including anti-
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.
.
The Constitution
The Constitution of South Africa (Act 108 of
1996) is core to the interpretation of domestic law and the development of local jurisprudence. The Bill of Rights, and other
provisions of the Constitution, embodies
this normative framework, where all legislation, policies and other forms of administrative action are measured against this
framework. The Bill of Rights sets out fundamental protections for the citizens of South
Africa and enshrines a number of rights
which are of particular signicance to
women. In terms of the treatment of
inmates, the constitutional provisions that
underlie the mandate of the Department of
Correctional Services includes the rights to:
.
.
.
.
.
.
.
to caretaking arrangements for children); personal hygiene; health care; safety and security;
contact with the outside world; prison staff;
classication of inmates; prison regimes;
prison visits; reintegration upon release; minority needs; and non-custodial measures.
Among the specic rights that are established are the right to:
.
.
.
.
.
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within what are circumscribed, strictly regimented and curtailed lives. Their narratives
speak to their experiences before and
during prison and their need to forge new
identities within the gendered discourse of
imprisonment. Daisy Pillay and Sithembiso
Ngubanes study reveals the dilemmas of
an African woman inmate whose determination to make a different life provide the
possibility whereby she can meet aspirations denied to her outside of prison as a
result of poverty. The prison research with
women inmates by Adelene Africa highlights that even though women who
commit violent crimes are demonised by
society, the participants in her study actively
revisualise their lives as protagonists
capable of change. Their narratives idealise
their conversion from bad girls to good
women: yet, consistent with the intended
function of rehabilitation, the good
women identities inscribe conformity with
gender stereotypes.
Conclusion
Reading through this special edition of
Agenda, one can undoubtedly see more
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References
Artz L, Hoffman-Wanderer Y & Moult K (2013) Hard
Time(s) Womens Pathways to Crime and
Incarceration, South Africa: UCT/European
Union and the Ofce of the Presidency.
Department of Correctional Services (2005) White
Paper on Corrections in South Africa, Pretoria:
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Report 2013/2014, Department of Correctional
Services, Vote 21, Pretoria: Department of
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Haffejee S, Vetten L & Greyling M (2005) Exploring
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accessed 30 November 2015.
UN General Assembly (1991) UN Standard Minimum
Rules for Non-Custodial Measures (Resolution
A/RES/45/110, 2 April 1991).
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Prisoners Rights and Prison Conditions, Second
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LILLIAN ARTZ is the Director of the Gender, Health & Justice Research
Unit at the University of Cape Town. She specialises in domestic violence,
sexual offences, criminal justice and health care reform and womens
rights to freedom and security in Africa. Her current project work includes
research on female offenders in prisons and psychiatric settings, the epidemiology of child sexual abuse, the prevention of torture in places of
detention in southern and East Africa as well as the medico-legal management of sexual and domestic violence in conict-affected states. Email:
Lillian.Artz@uct.ac.za
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