Coming Soon: Bail Payment Assistance Fund Launch

Over 2,600 individuals awaiting trial are trapped in overcrowded prisons across South Africa due to their inability to afford bail amounts below R1,000. Furthermore, many others struggle to pay bail exceeding R1,000.

To address this issue, the Bail Fund working group, spearheaded by the Judicial Inspectorate for Correctional Services (JICS) and supported by the Bertha Centre and various organizations, is set to initiate a small pilot project aimed at assisting detainees who have been granted bail but lack the means to pay it.

During a working group meeting on Thursday, JICS inspecting judge Edwin Cameron highlighted that the Bail Fund would tackle the “injustice of being detained solely due to poverty” and alleviate prison overcrowding. Currently, there are approximately 742 individuals in Gauteng and 798 in the Western Cape who cannot afford bail.

“We are a temporary solution. Systemic change is not our aim,” Cameron remarked.

He mentioned potential challenges faced by the Bail Fund, saying, “There may be resistance. However, the human cost and the glaring injustice of unaffordable bail cannot be overlooked.”

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

The Fund will specifically target low-risk offenders, assisting those who have committed minor offenses with bail amounts of under R1,000.

Anton du Plessis, Deputy National Director of Public Prosecutions at the National Prosecuting Authority (NPA), expressed during the meeting that the Bail Fund aligns seamlessly with the NPA’s policy framework.

“For any bail amount below R1,000, it is crucial that prosecutors ensure these individuals do not remain incarcerated due to an inability to pay bail,” du Plessis stated.

“We need to intensify our efforts. Clearly, given the statistics shared, we are falling short in ensuring that those unable to afford these low bail amounts are not kept in custody,” he added.

Cynthia Ramulifho, chief deputy human resources commissioner representing the Department of Correctional Services, voiced support for the Bail Fund, particularly for its potential to relieve overcrowding in prisons.

She noted a rising number of remandees in the Eastern Cape who are without bail money, stating that the Bail Fund would be beneficial for the state as it would reduce costs associated with food, electricity, and medical services for those who should be released.

Bail Funds in Other Countries

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

“Cash bail in a significantly unequal society like South Africa leads to a fundamentally unequal criminal justice system where one’s freedom is dictated by socioeconomic status,” the Harvard study posits.

“Individuals are presumed innocent until proven guilty; however, they experience prison conditions and adverse consequences without immediate chance for release or access to rehabilitation programs.”

The Malawi Bail Project, described as an “access to justice project,” aids those charged with minor offenses in applying for bail during their initial court appearances. The initiative emphasizes educating individuals about their right to bail, aiming to boost the number of bail applications filed in courts.

According to the Malawi Bail Project’s website, a shortage of legal aid lawyers in Malawi often leaves individuals arrested and brought to court without representation or knowledge of their right to bail, leading to detentions in “severely overcrowded prisons.”

The broader objective of the Malawi Bail Project is not only to tackle the financial barrier but also to “empower remand detainees to understand and exercise their rights while enhancing the capacity of the criminal justice system,” per the study.

In the United States, the non-profit organization The Bail Project provides bail funding to thousands of individuals lacking financial means. Additionally, the organization offers court support after release, which includes transportation to court.

© 2025 GroundUp. This article was first published here.

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