Africa-Press – South-Africa. A new bail reform proposal could see people who are awaiting trial but can’t afford bail pledge their property as security.
Minister of Justice Mmamoloko Kubayi said that her department has requested the South African Law Reform Commission to review the Criminal Procedure Act to include the reform of the bail system in the face of growing prison overcrowding.
Kubayi was responding to a written parliamentary question from Rise Mzansi member of Parliament (MP) Makashule Gana on what progress has been made on reforming the bail system to ease overcrowding, because those incarcerated can’t afford bail.
Earlier in 2025, Minister of Correctional Services Pieter Groenewald suggested that corporal punishment be revisited to alleviate overcrowding in prisons by those who can’t afford to pay the minimum amount of bail.
Submissions have also been made about the creation of a bail fund to help those who can’t afford bail.
Kubayi said the commission has now proposed an amendment to Section 60(2b) of the Criminal Procedure Act to make provision for pledging propertyas security for bail.
She said that both the act and the Child Justice Act are silent on this aspect.
Kubayi said an accused person may have sufficient assets that they can offer as security instead of cash as part of the new reform.
“This measure would provide an additional option, particularly for accused persons with limited or no cash available, to secure bail or temporary release from prison.”
She said the accused or any other person who pledges property as security for bail will have to sign a bail agreement and a sworn declaration and file it with the court.
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