Man awaiting trial for the past seven years

Katharine Child

THOUSANDS of awaiting-trial prisoners are languishing in jail because of delays in the justice system, such as witnesses not appearing, missing documents and lengthy postponements.

With a third of all prisoners – 45612 – awaiting trial, prisons are overcrowded and the conditions inhumane.

A report, "Guilty or Not But Behind Bars Anyway", compiled by the Wits Justice Project and the Helen Suzman Foundation, says 40% of awaiting-trial prisoners will eventually be acquitted.

"This means a staggering number of innocent people are being deprived of their freedom," the report says.

One of many cases is that of Jacob Tsiane, 43, who has been awaiting trial on hijacking charges in Pretoria Central Prison for seven years.

A Correctional Services Department official, Britta Rotmann, confirmed that Tsiane was one of the 20 longest-imprisoned accused waiting for their cases to be finalised.

Awaiting-trial prisoners are innocent until proven otherwise, according to section 35 of the constitution, but experts say they experience worse conditions than those convicted.

A Justice Department spokesman said the management of remand detainees had "greatly improved" since the establishment of a branch within the department that dealt exclusively with awaiting-trial detention.