The South African government is advancing consultations to introduce legislation that will allow foreign nationals serving prison sentences in the country to be transferred to their countries of origin.
Correctional Services Minister Pieter Groenewald confirmed that his department is working with the Justice, Crime Prevention, and Security Cluster to draft a law enabling such transfers. Discussions are also under way with Southern African Development Community (SADC) member states to establish bilateral agreements for the repatriation of inmates once the legal framework is in place.
South Africa is currently grappling with a prison population that includes more than 24,000 foreign nationals. The cost of housing these prisoners is staggering—estimated at R11.1 million per day—placing significant strain on state resources.
The issue has sparked concern across party lines. ActionSA MP Delereen James pressed Groenewald on measures to improve deportation processes, while MK Party MP David Skosana sought clarity on whether any prisoners had been deported since April 1 and when deportations would resume.
Groenewald admitted that no bilateral agreements currently exist for such transfers. “South Africa does not have enabling domestic legislation to regulate and facilitate the transfer of sentenced foreign offenders, including South Africans incarcerated abroad, to serve their sentences in their countries of origin,” he said.
He noted, however, that consultations within government are at an advanced stage and that SADC partners have expressed readiness to enter agreements once South Africa finalises its domestic legislation.
The Department of Correctional Services (DCS) is tasked with identifying foreign nationals in prison and reporting them to the Department of Home Affairs (DHA), which verifies their nationality and initiates deportation proceedings for those illegally or undesirably residing in the country.
Meanwhile, Home Affairs Minister Leon Schreiber revealed that his department has spent R206 million deporting 113,837 illegal immigrants over the past three financial years. The number of deportations rose sharply from 22,560 in 2022/23 to 51,650 in the most recent financial year, with annual spending increasing from R32.2 million to R78.1 million during the same period.
Groenewald emphasised that legislative reform is critical to reducing prison overcrowding and easing financial pressures. “The department is committed to ensuring that sentenced foreign offenders are repatriated once enabling legislation is in place,” he said.
