The report follows an extensive investigation undertaken pursuant to the Commission’s constitutional and statutory mandate to monitor, investigate and report on the observance of human rights. The investigation was informed by monitoring activities conducted between 2023 and 2025 at police stations and correctional centres across the province, stakeholder engagements with the South African Police Service (SAPS), the Department of Correctional Services (DCS), the Department of Public Works and Infrastructure (DPWI), and other stakeholders, as well as a subpoena hearing convened in terms of section 15 of the South African Human Rights Commission Act.

During the investigation, the Commission observed and received reports of serious and recurring challenges affecting detention facilities throughout the province. These included overcrowded detention cells, deteriorating infrastructure, staff and vehicle shortages, inadequate detainee care, unsanitary detention conditions, inadequate tele-communication facilities for detainees, delays in access to medical care in some instances, and broader administrative and operational shortcomings. The investigation further revealed that several police stations either lacked detention facilities altogether or had detention cells that had been closed because they were unsafe or dilapidated, placing additional pressure on neighbouring police stations and correctional centres.

After considering the totality of the evidence presented before it, together with the applicable constitutional and legislative framework, the Commission found that the challenges identified are not isolated incidents but reflect persistent and systemic failures relating to governance, maintenance, planning, funding and institutional accountability.

Whilst the Commission recognised that certain improvements have been implemented in individual facilities, including repairs to detention cells and ablution facilities, provision of bedding, repairs to generators and plumbing systems, cleaning and fumigation of detention facilities, and upgrades to security infrastructure, these interventions remain inadequate when measured against the scale of the systemic challenges identified across the province. Numerous infrastructure projects also remain delayed, unfunded or without clear implementation timelines.

In view of the above, the Commission specifically found, amongst others, that:

• The conditions prevailing in many police stations and correctional centres violate the constitutional rights to human dignity.
• The conditions violate the rights to freedom and security of the person, including the rights to be free from violence and from cruel, inhuman or degrading treatment.
• Many detention facilities fail to provide conditions of detention consistent with human dignity, including adequate accommodation, nutrition and medical treatment.
• The inadequate tele-communication facilities available to detainees impair their constitutional right to communicate with family members, legal representatives, medical practitioners and religious counsellors.
• The deteriorating conditions in many facilities also undermine the right of officials to fair labour practices by exposing them to unsafe and unsuitable working environments.
• SAPS and DCS bear the primary constitutional responsibility for safeguarding the rights of detainees, officials and communities they serve, notwithstanding the maintenance obligations resting on DPWI under the Government Immovable Asset Management Act and related agreements. SAPS and DCS may have recourse against DPWI in the ordinary course.
• The fragmented allocation of responsibilities between SAPS, DCS and DPWI, together with chronic maintenance backlogs, funding constraints and delayed implementation of infrastructure projects, has contributed significantly to the persistence of these human rights violations.

In light of these findings, the Commission made the following recommendations, amongst others:

• SAPS and DCS must immediately strengthen detainee care by ensuring timely access to medical treatment, adequate provision of toiletries, nutritious meals, clean bedding and the regular fumigation of detention facilities.
• Within 90 days, SAPS and DCS must, in consultation with DPWI, develop comprehensive, time-bound plans to address infrastructure, staffing, vehicle, furniture and operational deficiencies over the next 24 months, with priority given to dysfunctional detention facilities.
• SAPS and DCS must develop and implement plans to address overcrowding in detention facilities within 24 months.
• Functional communication facilities must be made available to detainees in all facilities within 90 days.
• Remaining shortages relating to bedding, uniforms, staff accommodation and operational resources must be addressed within 90 days.
• SAPS and DCS must submit progress reports to the Commission within 30 days of the release of the report, and thereafter provide quarterly reports on the implementation of the Commission’s recommendations.

The Commission emphasises that detention facilities and police stations are not beyond constitutional scrutiny. The treatment of detainees and the conditions under which law enforcement and correctional officials perform their duties remain a critical measure of South Africa’s commitment to constitutional democracy, human dignity and the rule of law. As stated by His Excellency, Nelson Rolihlahla Mandela, “[I]t is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”

The Commission will continue to monitor compliance with these recommendations and will take further steps, including approaching a court of law where appropriate, should the responsible authorities fail to implement the required remedial measures.