An analysis of the South African legislative framework for the reintegration of sentenced adult male offenders.

Abstract

South Africa has one of the highest crime rates in the world. The state aims to reduce the prevalence of crime mainly by sentencing offenders to imprisonment. In turn the goal of imprisonment is to rehabilitate offenders so that they can refrain from reoffending and be reintegrated into society. Unfortunately, due to various factors which exist inside and outside of prisons, rehabilitation and reintegration is difficult to achieve. The study unpacks the perennial question of whether or not the state has a legal duty to reintegrate offenders into society. This question looms particularly, during the post-release phase of offenders’ life. Preliminary indications are that the state currently views reintegration as a ‘societal responsibility.’ This study intends to determine whether or not the state has a legal duty to reintegrate offenders and provide them with support even after their release from imprisonment.