Correctional Services Amendment Act

Link to law: http://www.gov.za/documents/correctional-services-amendment-act-4
Published: 2008-11-11

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Correction Services Amendment Act [no 25 of 2008]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 521 Cape Town 11 November 2008 No. 31593
THE PRESIDENCY No. 1221 11 November 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 25 of 2008: Correctional Services Amendment Act, 2008.

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Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by the President.) (Assented to 8 November 2008.)
ACT To amend the Correctional Services Act, 1998, so as to insert, substitute, amend or delete certain definitions; to make further provision for the manner in which inmates are detained and the manner in which correctional centres are managed; to authorise the National Council to determine, under certain conditions, the period before an offender may be placed on parole; to make further provision for matters relating to Correctional Supervision and Parole Boards and the Judicial Inspectorate; to provide for compliance management and monitoring of relevant prescriptions, a Departmental Investigation Unit and a unit dealing with the institution of disciplinary procedures; to further regulate matters relating to officials of the Department of Correctional Services and the powers of the Minister to make regulations; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—
Amendment of section 1 of Act 111 of 1998, as amended by section 1 of Act 32 of 2001
1. Section 1 of the Correctional Services Act, 1998 (hereinafter referred to as the 5 principal Act), is hereby amended—
(a) by the substitution in the definition of "amenities" for the words preceding paragraph (a) of the following words:
" 'amenities' means recreational and other activities, diversions or privileges which are granted to [prisoners] inmates in addition to what 10 they are entitled to as of right and in terms of this Act, and [include] includes—";
(b) by the deletion of the definition of "Area Manager"; (c) by the insertion after the definition of "authorised official" of the following
definition: 15 " 'care' means the provision of services and programmes aimed at enhancing and maintaining the social, mental, spiritual, health and physical well being of inmates;";
(d) by the deletion of the definition of "Commissioner";
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Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
(e) by the insertion after the definition of "Controller" of the following definitions:
" 'correction' means provision of services and programmes aimed at correcting the offending behavior of sentenced offenders in order to rehabilitate them; 'correctional centre' means any place established under this Act as a place for the reception, detention, confinement, training or treatment of persons liable to detention in custody or to placement under protective custody, and all land, outbuildings and premises adjacent to any such place and used in connection therewith and all land, branches, outstations, camps, buildings, premises or places to which any such persons have been sent for the purpose of incarceration, detention, protection, labour, treatment or otherwise, and all quarters of correctional officials used in connection with any such correctional centre, and for the purpose of sections 115 and 117 includes every place used as a police cell 15 or lock-up; 'correctional medical practitioner' means a medical practitioner registered in terms of the Health Professions Act, 1974 (Act No. 56 of 1974), and appointed in terms of section 3(4);";
(f) by the insertion after the definition of "Department" of the following 20 definition:
" 'development' means the provision of services and programmes aimed at developing and enhancing competencies and skills that will enable the sentenced offender to re-integrate into the community;".
(g) by the substitution for the definition of "disability" of the following 25 definition:
" 'disability' means a physical, mental, intellectual or sensory impair­ ment which prevents a person having such an impairment from operating in an environment developed for persons without such an impairment;'"
(h) by the substitution for the definition of "Head of Prison" of the following 30 definition:
" 'Head of [Prison] the Correctional Centre' means a correctional official designated by the National Commissioner to manage and control a particular [prison] correctional centre;";
(i) by the substitution for the definition of "Independant Prison Visitor" of the 35 following definition:
" '[Independant Prison] Independent Correctional Centre Visitor' means a person appointed under section 92;'";
(j) by the insertion after the definition of "Independant Prison Visitor" of the following definition: 40
" 'inmate' means any person, whether convicted or not, who is detained in custody in any correctional centre or who is being transferred in custody or is en route from one correctional centre to another correctional centre;";
(k) by the deletion of the definition of "joint venture prison"; 45 (7) by the insertion after the definition of "management area" of the following
definition: " mechanical restraints" means a device which limits or prevents freedom of physical movement".
(in) by the deletion of the definition of "medical officer"; 50 (n) by the insertion after the definition of "mother and child unit" of the
following definition: " 'National Commissioner' means the National Commissioner of Correctional Services contemplated in section 3(3);":
(o) by the insertion after the definition of "National Council" of the following 55 definition:
" 'needs-based programmes' means programmes that are developed or rendered according to the identified specific needs of offenders;";
(p) by the deletion of the definition of "prison"; (q) by the deletion of the definition of "prisoner"; 60 (r) by the deletion of the definition of "Provincial Commissioner":
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(s) by the insertion after the definition of "publication" of the following definition:
" 'public-private partnership correctional centre' means a correc­ tional centre or part of a correctional centre referred to in section 103;";
(t) by the substitution for the definition of "sentenced prisoner" of the 5 following definition:
" 'sentenced offender' means a convicted person sentenced to incar­ ceration or correctional supervision;".
(u) by the substitution for the definition of "unsentenced prisoner" of the following definition: 10
" 'unsentenced [prisoner] offender' means any person who is lawfully detained in [prison] a correctional centre and who has been convicted of an offence, but who has not been sentenced to [imprisonment] incarceration or correctional supervision;".
Amendment of section 2 of Act 111 of 1998 15
2. Section 2 of the principal Act is hereby amended by the substitution for paragraphs (b) and (c), respectively, of the following paragraphs:
"(b) detaining all [prisoners] inmates in safe custody whilst ensuring their human dignity; and
(c) promoting the social responsibility and human development of all [prisoners] 20 sentenced offenders [and persons subject to community corrections].".
Substitution of heading to chapter III of Act 111 of 1998
3. The following heading is hereby substituted for the heading in chapter III of the principal Act:
CUSTODY OF ALL [PRISONERS] INMATES UNDER CONDITIONS OF 25 HUMAN DIGNITY".
Amendment of section 5 of Act 111 of 1998, as amended by section 4 of Act 32 of 2001
4. Section 5 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraphs (a), (b) and (c) of the 30
following paragraphs, respectively: "(a) the detention and treatment of [prisoners] inmates; (b) particular purposes in relation to [prisoners] inmates; or (c) particular categories of [prisoners] inmates."; and
(b) by the substitution in subsection (2) for paragraph (b) of the following 35 paragraph:
"(b) If there is no [prison] correctional centre in a district [a prisoner] an inmate may be detained in a police cell but not for a period longer than one month unless a longer period is authorised by the National Commissioner.". 40
Amendment of section 6 of Act 111 of 1998, as amended by section 5 of Act 32 of 2001
5. Section 6 of the principal Act is hereby amended— (a) by the substitution in subsection (3) for the words preceding paragraph (a) of
the following words: 45 'On admission, [a prisoner] an inmate must be informed promptly of his or her right to—";
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(b) by the substitution in subsection (4) for paragraphs (a) and (b), respectively, of the following paragraphs:
"(a) On admission [a prisoner] an inmate must be provided with written information in a language which he or she understands about the rules governing the treatment of the [prisoners] inmates in his or her 5 category, the disciplinary requirements, the authorised channels of communication for complaints and requests and all such other matters as are necessary to enable him or her to understand his or her rights and obligations.
(b) If [a prisoner] an inmate is illiterate, a correctional official must 10 explain this written information to the [prisoner] inmate, if necessary through an interpreter.".
Amendment of section 7 of Act 111 of 1998, as amended by section 6 of Act 32 of 2001
6. Section 7 of the principal Act is hereby amended— 15 (a) by the substitution for subsection (1) of the following subsection:
"(1) [Prisoners] Inmates must be held in cells which meet the requirements prescribed by regulation in respect of floor space, cubic capacity, lighting, ventilation, sanitary installations and general health conditions. These requirements must be adequate for detention under 20 conditions of human dignity."; and
(b) by the substitution for subsection (2) of the following subsection: "(2) (a) Sentenced [prisoners] offenders must be kept separate from
[unsentenced prisoners] persons awaiting trial or sentence. (b) Male [prisoners] inmates must be kept separate from female 25
[prisoners] inmates. (c) [Prisoners] Inmates who are children must be kept separate from
adult [prisoners] inmates and in accommodation appropriate to their age.
(d) The National Commissioner may detain [prisoners] inmates of 30 specific age, health or security risk categories separately.
(e) The National Commissioner may accommodate [prisoners] inmates in single or communal cells depending on the availability of accommodation.
(f) Where there is a danger of [prisoners] persons who are awaiting 35 trial or sentence defeating the ends of justice by their association with each other, the National Commissioner must detain them apart.".
Amendment of section 8 of Act 111 of 1998
7. Section 8 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection: 40
"(4) The medical officer may order a variation in the prescribed diet for [a prisoner] an inmate and the intervals at which (he food is served, when such a variation is required for medical reasons.".
Amendment of section 12 of Act 111 of 1998, as amended by section 8 of Act 32 of 2001 45
8. Section 12 of the principal Act is hereby amended by the substitution in subsection (4) for paragraph (c) of the following paragraph:
"(c) Except as provided in paragraph (d). no surgery may be performed on [a prisoner] an inmate without his or her informed consent, or, in the case of a minor, [with] without the written consent of his or her legal guardian.". 50
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Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Substitution of section 13 of Act 111 of 1998
9. The following section is hereby substituted for section 13 of the principal Act:
"Contact with community
13. (1) The Department must encourage [prisoners] inmates to maintain contact with the community and enable them to stay abreast of current 5 affairs.
(2) The Department must give [prisoners] inmates the opportunity, under such supervision as may be necessary, of communicating with and being visited by at least their spouses or partners, next of kin, chosen religious counsellors and chosen medical practitioners. 10
(3) In all circumstances, a minimum of one hour must be allowed for visits each month.
(4) If [a prisoner] an inmate is not able to receive visits from his or her spouse, partner or next of kin, the [prisoner] inmate is entitled to be visited by any other person each month. 15
(5) [A prisoner] An inmate who is a foreign national must be allowed to communicate with the appropriate diplomatic or consular representative or, where there is no such representative, with a diplomatic representative of the state or international organisation whose task it is to protect the interests of such [prisoner] inmate. 20
(6) (a) On admission to a [prison] correctional centre and after transfer to another [prison] correctional centre, [a prisoner] an inmate must notify his or her next of kin that he or she is being detained in a particular [prison] correctional centre, and if— (i) the next of kin [are] is unknown, the [prisoner] inmate may notify any 25
other relative; (ii) the [prisoner] inmate does not wish to notify his or her next of kin, the
[prisoner] inmate must indicate this to the Head of [Prison] the Correctional Centre.
(b) The National Commissioner must ensure that all reasonable steps are 30 taken to enable [a prisoner] an inmate to notify his or her next of kin in terms of paragraph (a) and, if necessary, steps must be taken to notify his or her next of kin on his or her behalf.
(c) (i) In the case of [a prisoner] an inmate who is a child, the National Commissioner must notify the appropriate state authorities who have 35 statutory responsibility for the education and welfare of children as well as the parents of [the prisoner] such child when this is required in terms of paragraph (a).
(ii) If no parent is available, the National Commissioner must notify the legal guardian and if the legal guardian is nol available the next of kin or 40 other relative must be notified.
(iii) [A prisoner] An inmate who is a child may not refuse to allow notification.
(d) If requested by the spouse, partner or next of kin, the National Commissioner must as soon as practicable, with the written consent of the 45 [prisoner] inmate, give particulars of the place where the [prisoner] inmate is detained.
(7) (a) The National Commissioner may allow community organ-
50 isations, non-governmental organisations and religious denominations or organisations to interact with sentenced offenders in order to facilitate the rehabilitation and integration of the offenders into the community.
(b) The organisations or denominations referred to in paragraph (a), must be registered with the Department and members thereof may be screened by the National Commissioner before they can be allowed to interact with sentenced offenders.". 55
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Amendment of section 14 of Act 111 of 1998
10. Section 14 of the principal Act is hereby amended by the substitution for subsections (1) and (2), respectively, of the following subsections:
"(1) [A prisoner] An inmate must be allowed freedom of conscience, religion, thought, belief and opinion. 5
(2) [A prisoner] An inmate may attend religious services and meetings held in the [prison] correctional centre freely and voluntarily and may have in his or her possession religious literature.".
Amendment of section 15 of Act 111 of 1998
11. Section 15 of the principal Act is hereby amended by the substitution for 10 subsection (1) of the following subsection:
"(1) Where [a prisoner] an inmate dies and a medical practitioner cannot certify that the death was due to natural causes, the Head of [Prison] the Correctional Centre must in terms of section 2 of the Inquests Act. 1959 (Act No. 58 of 1959), report such death.". 15
Amendment of section 16 of Act 111 of 1998, as amended by section 9 of Act 32 of 2001
12. Section 16 of the principal Act is hereby amended— (a) by the substitution for the heading of the following heading:
"[Development and support] Correction, development and care 20 programmes and services"; and
(b) by the substitution for subsections (1), (2) and (3), respectively, of the following subsections:
"(1) The Department may provide correction, development and [support] care programmes and services even when not required to do so 25 by this Act.
(2) In all instances, when the Department does not provide such services, the National Commissioner must inform [prisoners] inmates of services available from other sources and put [prisoners] inmates who request such services in touch with appropriate agencies. 30
(3) The Department must take measures, in terms of planning, policy and infrastructure, to accommodate [prisoners] inmates with disabilities in order to enable such [prisoners] inmates, where practicable to fully exercise the rights and to enjoy the amenities to which every [prisoner] inmate is entitled.". 35
Amendment of section 17 of Act 111 of 1998
13. The following section is hereby substituted for section 17 of the principal Act:
"Access to legal advice
17. (1) Every [prisoner] inmate is entitled to consult on any legal matter with a legal practitioner of his or her choice at his or her own expense. 40
(2) The Minister may, by regulation, impose restrictions on the manner in which such consultations are conducted if such restrictions are necessary for the safe custody of [prisoners] inmates, but legal confidentiality must be respected.
(3) The Head of [Prison] the Correctional Centre must take reasonable 45 steps to enable [prisoners] inmates to exercise the substantive rights referred to in section 6(3).
(4) [Prisoners facing trial or sentence] Persons awaiting trial or sentence must be provided with the opportunities and facilities to prepare their defence. 50
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Amendment of section 20 of Act 111 of 1998, as amended by section 10 of Act 32 of 2001
14. Section 20 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
*'(1) A female [prisoner] inmate may be permitted, subject to such 5 conditions as may be prescribed by regulation, to have her child with her until such child is [five] two years of age or until such time that the child can be appropriately placed taking into consideration the best interest of the child.";
(b) by the insertion after subsection (1) of the following subsection: 10 "(1 A) Upon admission of such a female inmate the Department must
immediately, in conjunction with the Department of Social Develop­ ment, take the necessary steps to facilitate the process for the proper placement of such a child."; and
(c) by the substitution for subsection (3) of the following subsection: 15 "(3) Where practicable, the National Commissioner must ensure that
a mother and child unit is available for the accommodation of female [prisoners] inmates and the children whom they may be permitted to have with them.".
Amendment of section 21 of Act 111 of 1998, as amended by section 11 of Act 32 of 20 2001
15. Section 21 of the principal Act is hereby amended by the substitution for subsections (3),(4), and (5), respectively, of the following subsections:
"(3) If [a prisoner] an inmate is not satisfied with the response to his or her complaint or request, the [prisoner] inmate may indicate this together with the 25 reasons for the dissatisfaction to the Head of [Prison] the Correctional Centre, who must refer the matter to the [Area Manager] National Commissioner.
(4) The response of the [Area Manager] National Commissioner must be conveyed to the [prisoner] inmate.
(5) If not satisfied with the response of the [Area Manager] National 30 Commissioner, the [prisoner] inmate may refer the matter to the [Independant Prison] Independent Correctional Centre Visitor, who must deal with it in terms of the procedures laid down in section 93 . " .
Amendment of section 22 of Act 111 of 1998
16. Section 22 of the principal Act is hereby amended by the substitution for 35 subsection (2) of the following subsection:
"(2) In case of any conviction in a court of law for an offence committed by a person whilst [a prisoner] an inmate, the Department, on the strength of such conviction, may without any further inquiry lake disciplinary action in terms of this Act.". 40
Amendment of section 23 of Act 111 of 1998
17. Section 23 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph fa) of
the following words: '"[A prisoner] An inmate commits a disciplinary infringement if he or 45 she—"; and
(b) by the substitution for subsection (2) of the following subsection: "(2) [A prisoner] An inmate who assists, conspires with or incites
another person to contravene a provision of subsection (1) commits a disciplinary infringement.". 50
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Amendment of section 24 of Act 111 of 1998, as amended by section 12 of Act 32 of 2001
18. Section 24 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraph (a) of the following
paragraph: 5 "(a) A hearing before a Head of [Prison] the Correctional Centre or
the authorised official must be conducted informally and without representation.";
(b) by the substitution in subsection (4) for the words preceding paragraph (a) of the following words: 10
"At a hearing before a disciplinary official [a prisoner] an inmate—";
(c) by the substitution in subsection (5) for paragraph (d) of the following paragraph:
"(d) in the case of serious or repeated infringements, segregation in 15 order to undergo specific programmes aimed at correcting his or her behaviour, with a loss of gratuity and restriction of amenities as contemplated in paragraphs (b) and (c)."\ and
(d) by the substitution for subsection (7) of the following subsection: "(7) (a) At the request of the [offender] inmate proceedings resulting 20
in any penalty other than [solitary confinement] a penalty contemplated in subsection 5(d) must be referred for review to the National Commissioner.
(b) The National Commissioner may confirm or set aside the [decision or] penalty and substitute an appropriate order for it.". 25
Repeal of section 25 of Act 111 of 1998
19. Section 25 of the principal Act is hereby repealed.
Amendment of section 26 of Act 111 of 1998, as amended by section 13 of Act 32 of 2001
20. Section 26 of the principal Act is hereby amended by the substitution in subsection 30 (2) for paragraph (a) of the following paragraph:
"(a) search the person of [a prisoner] an inmate, his or her property and the place where he or she is in custody and seize any object or substance which may pose a threat to the security of the [prison] correctional centre or of any person, or which could be used as evidence in a criminal trial or disciplinary 35 proceedings;".
Amendment of section 27 of Act 111 of 1998, as amended by section 14 of Act 32 of 2001
21. Section 27 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: 40
"(1) The person of [a prisoner] an inmate may be searched by a manual search, or search by technical means, of the clothed body.";
(b) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:
"Upon reasonable grounds, the person of [a prisoner] an inmate may be 45 searched in the following ways:";
(c) by the substitution in subsection (2) for paragraphs (d) and (e) of the following paragraphs:
"(d) a search by the use of an X-ray machine or technical device, by a qualified technician, if there are reasonable grounds for believing 50 that [a prisoner] an inmate has swallowed or excreted any object or substance that may be needed as an exhibit in a hearing or may pose a danger to himself or herself or to correctional officials or to the security of the [prison] correctional centre; and
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(e) by detaining [a prisoner] an inmate for the recovery by the normal excretory process of an object that may pose a danger to that [prisoner] inmate, to any correctional official, to any other person or to the security of the [prison] correctional centre.";
(d) by the substitution in subsection (3) for the words preceding paragraph (a) of 5 the following words:
"A search of the person of [a prisoner] an inmate contemplated in subsection (2) is subject to the following restrictions:"; and
(e) by the substitution in subsection (3) for paragraph (d) of the following paragraph: 10
"(d) searches contemplated in subsections (1) and (2) must be authorised by the Head of [Prison] the Correctional Centre but searches in terms of subsection (2)(b), (c), (d) and (e) must be executed or supervised by a registered nurse, a correctional medical [officer] practitioner or a medical practitioner other than a correctional 15 official, depending on the procedure necessary to effect the search.".
Amendment of section 28 of Act 111 of 1998, as amended by section 15 of Act 32 of 2001
22. Section 28 of the principal Act is hereby amended— 20 (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: "To ensure safe custody the following steps may be taken to identify [a prisoner] an inmate:"; and
(b) by the substitution for subsection (3) of the following subsection: 25 "(3) If as a result of ascertaining the age of [a prisoner] an inmate in
terms of subsection (1 )(e) or for any other reason it appears to the Head of [Prison] the Correctional Centre that the court's determination of the age of the said [prisoner] inmate is incorrect, the Head of [Prison] the Correctional Centre may remit the case to the court concerned for a 30 reappraisal of the [prisoner's] inmate's age.".
Amendment of section 29 of Act 111 of 1998
23. The following section is hereby substituted for section 29 of the principal Act:
"Security classification
29. Security classification is determined by the extent to which the 35 [prisoner] inmate presents a security risk and so as to determine the [prison] correctional centre or part of a [prison] correctional centre in which he or she is to be detained.".
Amendment of section 30 of Act 111 of 1998, as amended by section 16 of Act 32 of 2001 40
24. Section 30 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: "Segregation of [a prisoner] an inmate for a period of time, which may be for part of or the whole day and which may include detention in a 45 single cell, other than normal accommodation in a single cell as contemplated in section 7 (2) (e), is permissible—";
(b) by the substitution in subsection (1) for paragraphs (a), (b), (d) and (e) of the following paragraphs, respectively:
"(a) upon the written request of [a prisoner] an inmate; 50 (b)to give effect to the penalty of the restriction of the amenities
imposed in terms of section 24(3)(c) [or], 5(c) or 5(d) to the extent necessary to achieve this objective;
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(d) when [a prisoner] an inmate displays violence or is threatened with violence;
(e) if [a prisoner] an inmate has been recaptured after escape and there is a reasonable suspicion that such [prisoner] inmate will again escape or attempt to escape; and"; 5
(c) by the substitution in subsection (2) (a) for the words preceding subparagraph (i) of the following words:
"[A prisoner] An inmate who is segregated in terms of subsection (\)(b) to (/)—"; and
(d) by the substitution for subsection (7) of the following subsection: 10 "(7) [A prisoner] An inmate who is subjected to segregation may
refer the matter to the Inspecting Judge who must decide thereon within 72 hours after receipt thereof.".
Amendment of section 31 of Act 111 of 1998, a
25. Section 31 of the principal Act is hereby amended— 15 (a) by the substitution for subsection (1) of the following subsection:
"(1) If it is necessary for the safety of [a prisoner] an inmate or any other person, or the prevention of damage to any property, or if a reasonable suspicion exists that [a prisoner] an inmate may escape, or if requested by a court, a correctional official may restrain [a prisoner] an 20 inmate by mechanical restraints as prescribed by regulation.";
(b) by the substitution for subsection (2) of the following subsection: "(2) [A prisoner] An inmate may not be brought before court whilst
in mechanical restraints [except handcuffs or leg-irons], unless authorised by the court."; 25
(c) by the substitution in subsection (3) for paragraph (a) of the following paragraph:
"(a) When [a prisoner is in solitary confinement or in segregation] an inmate is in segregation and mechanical restraints are to be used, such use of mechanical restraints must be authorised by the Head of [Prison] 30 the Correctional Centre and the period may not, subject to the provisions of paragraphs (b) and (c), exceed seven days.";
(d) by the addition to subsection (3) of the following paragraph: "(d) All cases of the use of mechanical restraints must be reported
immediately by the Head of the Correctional Centre to the National 35 Commissioner and to the Inspecting Judge.";
(e) by the deletion of subsection (4); and (f) by the substitution for subsections (5) and (7) of the following subsections:
"(5) [A prisoner] An inmate who is subjected to such restraints may appeal against the decision to the Inspecting Judge who must decide 40 thereon within 72 hours after receipt thereof.
(7) Mechanical restraints in addition to handcuffs or leg-irons may only be used on [prisoners] inmates when outside their cells.".
Amendment of section 32 of Act 111 of 1998, as amended by secion 18 of Act 32 of 2001 45
26. Section 32 is hereby amended— (a) by the substitution for subsection (1) of the following subsection:
"(1) (a) Every correctional official is authorised to use all lawful means to detain in safe custody all [prisoners] inmates and, subject to the restrictions of this Act or any other law, may use minimum force to 50 achieve this objective where no other means are available.
22 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
(b) A minimum degree of force must be used and the force must be proportionate to the objective.
(c) A correctional official may not use force against [a prisoner] an inmate except when it is necessary for— (i) self-defence; 5
(ii) the defence of any other person; (iii) preventing [a prisoner] an inmate from escaping; or (iv) the protection of property.":
(b) by the substitution for subsection (5) of the following subsection: "(5) If force was used, the [prisoner] inmate concerned must undergo 10
an immediate medical examination and receive the treatment prescribed by the correctional medical [officer] practitioner."; and
(c) by the addition after subsection (5) of the following subsection: "(6) All instances of use of force in terms of subsections (2) and (3)
must be reported to the Inspecting Judge, immediately.". 15
Amendment of section 33 of Act 111 of 1998, as amended by section 19 of Act 32 of 2001
27. Section 33 of the principal Act is hereby amended— (a) by the substitution in subsection (3) for paragraphs (a) and (b), respectively, of
the following paragraphs: 20 "(a) if [a prisoner] an inmate fails to lay down a weapon or some other
dangerous instrument in spite of being ordered to do so; (b) if the security of the [prison] correctional centre or safety of
[prisoners] inmates or others is threatened by one or more [prisoners] inmates; or"; and 25
(b) by the substitution for subsection (7) of the following subsection: "(7) If [a prisoner] an inmate has been affected by tear-gas he or she
must receive medical treatment as soon as the situation allows.".
Amendment of section 34 of Act 111 of 1998, as amended by section 20 of Act 32 of 2001 30
28. Section 34 of the principal Act is hereby amended by the substitution in subsection (3) for paragraphs (c) and (d), respectively, of the following paragraphs:
"(c) to prevent [a prisoner] an inmate from escaping; or (d) when the security of the [prison] correctional centre or the safety of
[prisoners] inmates or other persons is threatened.". 35
Amendment of section 37 of Act 111 of 1998
29. Section 37 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: "In addition to the obligations which apply to all [prisoners] inmates 40 every sentenced [prisoner] offender must—":
(b) by the insertion after subsection (1) of the following subsection: "(1A) In order to furnish sentenced offenders the opportunity to
comply with the obligations contemplated in subsection (1), the Department must, as far as it is possible, apply a management regime which consists of— (a) good communication between correctional officials and inmates,
which is understood by everyone; (b) team work; (c) direct, interactive supervision of inmates;
45
50
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
24 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
(d) assessment of sentenced offenders: (e) needs-driven programmes for sentenced offenders in a structured
day and correctional sentence plan; (f) the provision of multi-skilled staff in an enabling and resourced
environment; (g) a restorative, developmental and human rights approach to sen­
tenced offenders; and (It) delegated authority with clear lines of accountability."; and
(c) by the substitution for subsection (4) of the following subsection: "(4) In addition to the general purpose stated in section 22, the 10
disciplinary system for sentenced [prisoners] offenders shall have the particular aim of promoting self-respect and responsibility on the part of [the prisoner] such offenders.".
Amendment of section 38 of Act 111 of 1998
30. Section 38 of the principal Act is hereby amended— 15 (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: "As soon as possible after admission as a sentenced [prisoner] offender, such [prisoner] offender must be assessed to determine his or her—";
(b) by the insertion after subsection (1) of the following subsection: 20 "(1A) (a) As soon as possible after the assessment contemplated in
25
30
35
subsection (1) the Case Management Committee must compile a correctional sentence plan in relation to the future of persons sentenced to incarceration of more than 24 months in the correctional centre.
(b) The correctional sentence plan must address each of the matters and needs referred to in subsection (1) and must, in particular—
(i) contain the proposed intervention aimed at addressing the risks and needs of the sentenced offender, as identified during an in-depth risk assessment, to correct the offending behaviour;
(ii) spell out what services and programmes are required to target offending behaviour and to help the sentenced offender develop skills to handle the socio-economic conditions that led to criminal­ ity;
(iii) spell out services and programmes needed to enhance the sentenced offender's social functioning; and
(iv) set time frames and specify responsibilities to ensure that the intended services and programmes are offered to the sentenced offender."; and
(c) by the substitution for subsection (2) of the following subsection: "(2) In the case of a sentence of [imprisonment of 12 months or 40
more] incarceration exceeding 24 months, the manner in which the sentence should be served must be planned in the light of [this] the assessment and correctional sentence plan referred to in subsections (1) and (1A) and any comments by the sentencing court.".
Amendment of section 39 of Act 111 of 1998 45
31. Section 39 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraph (b) of the following
paragraph: "(b) In the case of the imposition of more than one period of
[imprisonment] incarceration, the non-parole period or periods, fixed by 50 the court must be served consecutively before a [prisoner] sentenced offender becomes eligible for parole.";
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(b) by the substitution for subsection (3) of the following subsection: "(3) The date of expiry of any sentence of [imprisonment]
incarceration being served by a [prisoner] sentenced offender who escapes from lawful custody extradited in terms of the Extradition Act, 1962 (Act No. 67 of 1962), and returns to the Republic or who is 5 unlawfully discharged is postponed by the period by which such sentence was interrupted.";
(c) by the substitution in subsection (5) for paragraphs (d), (e) and (f) of the following paragraphs, respectively:
"(d) If a person sentenced to correctional supervision or [parolee] a 10 person under community corrections is sentenced to periodical impris­ onment, the sentence of periodical imprisonment and the correctional supervision or parole, as the case may be, must be served simultaneously, unless the court directs otherwise.
(e) If a person sentenced to correctional supervision or [parolee] a 15 person under community corrections is served with a warrant of detention for contempt of court, the correctional supervision or parole, as the case may be, must be postponed for the period specified in the warrant of detention.
(f) If a [parolee] person under community corrections is sentenced to 20 [imprisonment] incarceration for an offence committed before the commencement of the parole, the parole must be regarded as cancelled and the matter be referred to the Correctional Supervision and Parole Board concerned for consideration."; and
(d) by the substitution in subsection (6) for paragraph (a) of the following 25 paragraph:".
"(a) After the National Commissioner is satisfied that [a prisoner] a sentenced offender has been released from a [prison] correctional centre erroneously, he or she may issue a warrant for the arrest of such [a prisoner] a sentenced offender to be re-admitted to [prison] a 30 correctional centre, to serve the rest of his or her sentence.".
Amendment of section 40 of Act 111 of 1998
32. The following section is hereby substituted for section 40 of the principal Act:
"Labour of sentenced [prisoners] offenders
40. (1) (a) Sufficient work must as far as is practicable be provided to 35 keep [prisoners] sentenced offenders active for a normal working day and [a prisoner] a sentenced offender may be compelled to do such work.
(b) Such work must as far as is practicable be aimed at providing such offenders with skills in order to be gainfully employed in society on release.
(2) A sentenced [prisoner] offender may not work or conduct any 40 business on his or her own account.
(3) (a) A sentenced [prisoner] offender may elect the type of work he or she prefers to perform, if such choice is practicable and in accordance with an appropriate vocational programme.
(b) A child who is [a prisoner] a sentenced offender may only do work 45 for the purposes of training aimed at obtaining skills for his or her development.
(c) A child who is [a prisoner] a sentenced offender may not be subjected to work if the work that is to be performed is inappropriate for the age of the child or if the work places the child's educational, physical, mental, moral 50 or social well-being at risk.
(4) (a) Subject to paragraph (b), the amount of the gratuity that sentenced [prisoners] offenders receive for their labour, the administration of the gratuity and the [prisoners'] sentenced offenders' conditions of work must be prescribed by regulation. 55
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(b) The amount of the gratuity contemplated in paragraph (a) must be determined by the National Commissioner with the concurrence of the Minister of Finance.
(5) [A prisoner] A sentenced offender may never be instructed or compelled to work as a form of punishment or disciplinary measure. 5
(6) Work performed by [a prisoner] a sentenced offender must be in accordance with the principles contained in section 37(\)(b) and the performance thereof will not constitute an employment relationship with the Department.".
Substitution of section 41 of Act 111 of 1998 10
33. The following section is hereby substituted for section 41 of the principal Act:
"Treatment, development and support services
41. (1) The Department must provide or give access to as full a range of programmes and activities, including needs-based programmes, as is practicable to meet the educational and training needs of sentenced 15 [prisoners] offenders.
(2) (a) Sentenced [prisoners] offenders who are illiterate or children [may] must be compelled to take part in the educational programmes offered in terms of subsection (1).
(b) Such programmes may be prescribed by regulation. 20 (3) The Department must provide social and psychological services in
order to develop and support sentenced [prisoners] offenders by promoting their social functioning and mental health.
(4) The Department must provide as far as practicable other development and support programmes which meet specific needs of sentenced [prison- 25 ers] offenders.
(5) Sentenced [prisoners] offenders have the right to take part in the programmes and use the services offered in terms of subsections (1), (3) and (4).
(6) Sentenced [prisoners] offenders may be compelled to participate in 30 programmes and to use services offered in terms of subsections (1), (3) and (4) where in the opinion of the National Commissioner their participation is necessary, having regard to the nature of their previous criminal conduct and the risk they pose to the community.
(7) Programmes must be responsive to special needs of women and they 35 must ensure that women are not disadvantaged.".
Amendment of section 42 of Act 111 of 1998, as amended by section 27 of Act 32 of 2001
34. The following section is hereby substituted for section 42 of the principal Act:
"Case Management Committee 40
42. (1) At each [prison] correctional centre there must be one or more Case Management Committees composed of correctional officials as prescribed by regulation.
(2) The Case Management Committee must— (a) ensure that each sentenced [prisoner] offender has been assessed, and 45
that for sentenced offenders serving more than [twelve] 24 months there is a plan specified in section 38[(2)](1 A);
(b) interview, at regular intervals, each [prisoner] sentenced offender sentenced to more than [twelve] 24 months, review the plan for such [prisoners] offenders and the progress made and, if necessary, amend 50 such plan;
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(c) make preliminary arrangements, in consultation with the Head of Community Corrections for possible placement of [a prisoner] a sentenced offender under community corrections;
(d) submit a report, together with the relevant documents, to the Correctional Supervision and Parole Board regarding— 5
(i) the offence or offences for which the sentenced [prisoner] offender is serving a term of [imprisonment] incarceration together with the judgment on the merits and any remarks made by the court in question at the time of the imposition of sentence if made available to the Department; 10
(ii) the previous criminal record of such [prisoner] offender; (iii) the conduct, disciplinary record, adaptation, training, aptitude,
industry, physical and mental state of such [prisoner] offender;
(iv) the likelihood of a relapse into crime, the risk posed to the 15 community and the manner in which this risk can be reduced;
(v) [a prisoner] a sentenced offender who has been declared an habitual criminal which indicates that— (aa) there is a reasonable probability that [the prisoner] such
an offender will in future abstain from crime and lead a 20 useful and industrious life; or
(bb) [the prisoner] such an offender is no longer capable of engaging in crime: or
(cc) for any other reason, it is desirable to place [the prisoner] such an offender on parole; 25
(vi) the possible re-placement of such [prisoner] sentenced offender under correctional supervision in terms of a sentence provided for in section 276(1 )(7J or 287(4)(a) of the Criminal Procedure Act, or in terms of the conversion of such [prisoner's] an offender's sentence into correctional supervi- 30 sion under section 276A(3)(e)(ii), 286B(4)(fo)(ii) or 287(4)(6j of the said Act, and the conditions for such placement;
(vii) the possible placement of such [prisoner] sentenced offender on day parole or on parole, and the conditions for such placement; and 35
(viii) such other matters as the Correctional Supervision and Parole Board may request; and
(e) [at the request of the Area Manager,] submit a report as contem­ plated in paragraph (d) to [him or her] the National Commissioner in respect of any [prisoner] scnlenced offender sentenced to [12 40 months' imprisonment] incarceration of 24 months or less.
(3) [A prisoner] A sentenced offender must be informed of the contents of the report submitted by the Case Management Committee to the Correctional Supervision and Parole Board or the [Area Manager] National Commissioner and be afforded the opportunity to submit written 45 representations to the Correctional Supervision and Parole Board or [Area Manager] National Commissioner, as the case may be.".
Amendment of section 43 of Act 111 of 1998
35. Section 43 of the principal Act is hereby amended by the substitution for subsections (1), (2), (3) and (4), respectively, of the following subsections: 50
"(I) A sentenced [prisoner] offender must be housed at the [prison] correctional centre closest to the place where he or she is to reside after release, with due regard to the availability of accommodation and facilities to meet his ot­ her security requirements and with reference to the availability of programmes.
(2) The transfer of [a prisoner] a sentenced offender is subject to the same 55 consideration.
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(3) [A prisoner] A sentenced offender must be examined by the registered nurse or correctional medical [officer] practitioner before his or her transfer. Where such [a prisoner] an offender is being treated by a medical practitioner, he or she must not be transferred until [the prisoner] such an offender has been discharged from the treatment or the transfer has been approved by the correctional medical 5 [officer] practitioner after consultation with the Head of [Prison] the Correctional Centre.
(4) The National Commissioner may, in consultation with the Director-General of the Department of [Welfare] Social Development, transfer a [sentenced child] a sentenced offender who is a child to a reform school as contemplated in the Child 10 Care Act, 1983 (Act No. 74 of 1983), and from the date of such transfer, the provisions of section 290 of the Criminal Procedure Act will apply.".
Amendment of section 44 of Act 111 of 1998
36. Section 44 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of 15
the following words: "The National Commissioner may grant permission in writing on such conditions and for such periods as he or she may specify, for a sentenced [prisoner] offender to leave [prison] the correctional centre temporarily for the purpose of—"; 20
(b) by the substitution of the word "sentenced offender" for the word "prisoner" wherever it occurs in that section.
Amendment of section 45 of Act 111 of 1998
37. The following section is hereby substituted for section 45 of the principal Act:
"Placement and release 25
45. (1) A sentenced [prisoner] offender must be prepared for placement, release and reintegration into society by participating in a pre-release programme.
(2) Where [a prisoner] a sentenced offender is to be placed under correctional supervision or to be released on parole there must be 30 compliance with section 55(3).
(3) At release, sentenced [prisoners] offenders must be provided with material and financial support as prescribed by regulation.
(4) If the correctional medical [officer] practitioner considers it necessary to establish the health status of [a prisoner] a sentenced offender 35 at his or her release, [the prisoner] such an offender must undergo a health status examination which may include testing for contagious and commu­ nicable diseases as defined in the Health Act, 1977 (Act No. 63 of 1977).".
Amendment of section 47 of Act 111 of 1998
38. The following section is hereby substituted for section 47 of the principal Act: 40
"Clothing
47. No [unsentenced prisoner] person who is awaiting trial or sentence may be compelled to wear [prison clothes] prescribed sentenced offenders' dress, unless [the prisoner's] such person's own clothing is improper or insanitary or needs to be preserved in the interests of the administration of 45 justice and [the prisoner] he or she is unable to obtain other suitable clothing from another source.".
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Amendment of section 50 of Act 111 of 1998
39. Section 50 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection:
"(1) (a) The objectives of community corrections are— (i) to afford sentenced offenders an opportunity to serve their sentences in a 5
non-custodial manner; (ii) to enable persons subject to community corrections to lead a socially
responsible and crime-free life during the period of their sentence and in future;
(iii) to enable persons subject to community corrections to be rehabilitated in a 10 manner that best keeps them as an integral part of society; and
(iv) to enable persons subject to community corrections to be fully integrated into society when they have completed their sentences.
(b) These objectives do not apply to restrictions imposed in terms of [sections] section 62(f) or 71 of the Criminal Procedure Act.". 15
Amendment of section 51 of Act 111 of 1998
40. Section 51 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:
"(b) while out of [prison] the correctional centre, [prisoners] sentenced offenders who have been granted temporary leave in terms of section 44;" . 20
Amendment of section 52 of Act 111 of 1998
41. Section 52 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: "When community corrections are ordered, a court, the Correctional 25 Supervision and Parole Board, the National Commissioner or other body which has the statutory authority to do so, may, subject to the limitations contemplated in subsection (2) and the qualifications of this Chapter, stipulate that the person concerned—";
(b) by the substitution in subsection (1) for paragraph (b) of the following 30 paragraph:
"(b) does community service in order to facilitate restoration of the relationship between the sentenced offenders and the community;";
(c) by the substitution in subsection (1) for paragraph (d) of the following paragraph: 35
"(d) where possible takes up and remains in employment;"; (d) by the substitution in subsection (1) for paragraph (k) of the following
paragraph: "(k) refrains from using [or abusing] alcohol or illegal drugs";
(e) by the substitution in subsection (1) for paragraph (q) of the following 40 paragraph:
"(q) in the case of a child, is subject to the additional conditions as contained in section 69[.] ; or".
(/) by the addition to subsection (1) of the following paragraph: "(r) is subject to such other conditions as may be appropriate in the 45
circumstances.".
Amendment of section 55 of Act 111 of 1998
42. Section 55 of the principal Act is hereby amended by the substitution in subsection (4) for paragraph (a) of the following paragraph:
"(a) must allow his or her identity and other particulars to be established in the 50 manner and to the same extent as required in section 28 in respect of [a prisoner] an inmate; and".
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Amendment of section 58 of Act 111 of 1998, as amended by section 25 of Act 32 of 2001
43. Section 58 of the principal Act is hereby amended by the substitution in subsection (6) for paragraph (b) of the following paragraph:
"(b) submit a report and advise the Correctional Supervision and Parole Board or 5 the National Commissioner, as the case may be, on the desirability of— (i) applying for a change in the conditions of the community corrections
imposed on such person; or (ii) applying for or issuing a warrant for the arrest of such a person.".
Substitution of section 67 of Act 111 of 1998 10
44. The following section is hereby substituted for section 67 of the principal Act:
"Use [or abuse] of alcohol or illegal drugs
67. Where there is a reasonable suspicion that a person has used [or abused] alcohol or illegal drugs in contravention of a condition set in terms of section 52(1 )(k), a correctional official may require such a person to 15 allow a designated correctional medical [officer] practitioner to take a blood or urine sample in order to establish the presence and concentration of alcohol or drugs in the blood or urine.".
Amendment of section 68 of Act 111 of 1998
45. Section 68 of the principal Act is hereby amended by the addition of the following 20 subsection:
"(4) The National Commissioner may appoint persons in terms of section 96(4) to assist correctional officials in such monitoring.".
Amendment of section 70 of Act 111 of 1998
46. Section 70 of the principal Act is hereby amended— 25 (a) by the substitution in subsection (\)(a) for subparagraph (ii) of the following
subparagraph: "(ii) instruct the person to appear before the Correctional Supervision
and Parole Board or other body which imposed the conditions of community corrections or, if a Correctional Supervision and Parole 30 Board under whose jurisdiction such person falls imposed the conditions of community corrections, before such Board; or";
by the substitution in subsection (2) for paragraph (a) of the following paragraph:
"(a) A warrant issued in terms of subsection [(!)(£)] (l)(a)(iii) may be 35 executed by any peace officer as defined in section 1 of the Criminal Procedure Act."; and;
by the substitution for subsection (4) of the following subsection: "(4) If a person subject to community corrections fails to obey an
instruction issued in terms of subsection (\)(b) or (3) the National 40 Commissioner may issue a warrant in terms of subsection [(l)(c)] (l)fflX'ii) and act in terms of subsection (2).".
Amendment of section 71 of Act 111 of 1998
47. Section 71 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: 45
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Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT. 2008
"(3) If such person fails to appear, the National Commissioner may issue a warrant in terms of section [70(l)(c)] 70(l)(a)(m) for his or her arrest.".
Amendment of section 73 of Act 111 of 1998, as amended by section 27 of Act 32 of 2001
48. Section 73 of the principal Act is hereby amended— 5 (a) by the substitution for subsections (1), (2), (3) and (4), respectively, of the
following subsections: "(1) Subject to the provisions of this Act—
(a) a sentenced [prisoner] offender remains in [prison] a correctional centre for the full period of sentence; and 10
(b) [a prisoner] a sentenced offender sentenced to life [imprisonment] incarceration remains in [prison] a correctional centre for the rest of his or her life.
(2) Any sick [prisoner] sentenced offender whose sentence has expired but whose release is certified by the correctional medical 15 [officer] practitioner to be likely to result in his or her death or impairment of his or her health or to be a source of infection to others, may be temporarily detained until his or her release is authorised by the correctional medical [officer] practitioner.
(3) A sentenced [prisoner] offender must be released from [prison] a 20 correctional centre and from any form of community corrections imposed in lieu of part of a sentence of [imprisonment] incarceration when the term of [imprisonment] incarceration imposed has expired.
(4) In accordance with the provisions of this Chapter [a prisoner] a sentenced offender may be placed under correctional supervision or on 25 day parole or on parole before the expiration of his or her term of [imprisonment] incarceration.";
(b) by the substitution in subsection (5) for paragraph (a) of the following paragraph:
"(a) A sentenced offender may be placed under correctional super- 30 vision or on day parole or on parole— (i) on a date determined by the Correctional Supervision and Parole
Board; or (ii) in the case of a sentenced offender sentenced to life incarceration.
on a date to be determined by the Minister."; and 35 (c) by the substitution for subsections (6) and (7) of the following subsections
respectively: "(6) (a) Subject to the provisions of paragraph (b), [a prisoner] a
sentenced offender serving a determinate sentence may not be placed on parole until such [prisoner] an offender has served either the stipulated 40 non-parole period, or if no non-parole period was stipulated, [half of the sentence, but parole must be considered whenever a prisoner has served 25 years of a sentence or cumulative sentences] the period determined by the National Council in terms of section 73A.
(b) A person who has been sentenced to— 45 (i) periodical [imprisonment] incarceration, must be detained periodi­
cally in a [prison] correctional centre as prescribed by regulation; (ii) [imprisonment] incarceration for corrective training, may [be
detained in a prison for a period of two years and may] not be placed on parole until he or she has served the period [at least 12 50 months] determined by the National Council in terms of section 73A;
(iii) [imprisonment] incarceration for the prevention of crime, may [be detained in a prison for a period of five years and may] not be
40 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
placed on parole until he or she has served [at least two years and six months] the period determined by the National Council in terms of section 73A;
(iv) life [imprisonment] incarceration, may not be placed on parole until he or she has served [at least 25 years of the sentence but a 5 prisoner on reaching the age of 65 years may be placed on parole if he or she has served at least 15 years of such sentence] the period determined by the National Council in terms of section 73A;
(v) [imprisonment] incarceration contemplated in section 51 or 52 of 10 the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), may not be placed on parole unless he or she has served [at least four fifths of the term of imprisonment imposed or 25 years, whichever is the shorter, but the court, when imposing impris­ onment, may order that the prisoner be considered for 15 placement on parole after he or she has served two thirds of such term] the period determined by the National Council in terms of section 73A.
(c) A person who has been declared an habitual criminal may [be detained in a prison for a period of 15 years and may] not be placed 20 on parole until [after a period of at least seven years] he or she has served the period determined by the National Council in terms of section 73A.
(7) (a) A person sentenced to [imprisonment] incarceration under section 276( 1)(i) of the Criminal Procedure Act, must serve [at least one 25 sixth of his or her sentence] the period determined by the National Council in terms of section 73A, before being considered for placement under correctional supervision, unless the court has directed otherwise, but if more than one sentence has been imposed under section 276(1)(/) of the said Act, the person may not be placed under correctional 30 supervision for a period exceeding five years.
(b) If a person has been sentenced to [imprisonment] incarceration under section 276(1 )(i) of the Criminal Procedure Act, and to [impris­ onment] incarceration for a period not exceeding five years as an alternative to a fine the person must serve [at least one sixth of the 35 effective sentences] the period determined by the National Council in terms of section 73A before being considered for placement under correctional supervision, unless the court has directed otherwise.
(c) If a person has been sentenced to [imprisonment] incarceration for— 40 (i) a definite period under section 276( I )(b) of the Criminal Procedure
Act; (ii) [imprisonment] incarceration under section 276(1 )(i) of the said
Act; (iii) a period not exceeding five years as an alternative to a fine, the 45
person shall serve [at least a quarter of the effective sentences imposed] the period determined by the National Council in terms of section 73A, or the non-parole period, if any, whichever is the longer, before being considered for placement under correctional supervision, [unless the court has directed otherwise]: Provided 50 that the sentence contemplated in subparapraph (i) has been converted into correctional supervision in accordance with section 276A(3) of the said Act.".
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
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Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Insertion of section 73A in Act 111 of 1998
49. The following section is hereby inserted in the principal Act, after section 73:
"Incarceration framework
73A. (1) The National Council must, in consultation with the National Commissioner— (a) determine minimum periods for which sentenced offenders must be
incarcerated before being considered for placement under community corrections; and
(b) develop a framework (hereinafter referred to as "the incarceration framework') in terms of which such minimum periods will be 10 determined.".
(2) The incarceration framework— (a) must prescribe sufficient periods in custody to indicate the seriousness
of the offences; (b) must apply to all sentenced offenders generally; 15 (c) must provide for consistent application of its provisions; (d) may provide for different periods in relation to the same offence,
depending on the measure of good behaviour or co-operation of a sentenced offender during incarceration; and
(e) may provide for any ancillary or incidental administrative matter 20 necessary for the proper implementation or administration of the incarceration framework.
(3) The incarceration framework may not be applied in a manner that would be in conflict with any other law or any direction given or decision made by a court of law. 25
(4) The incarceration framework must be ratified by the Minister. (5) If the Minister ratifies the incarceration framework, he or she must
submit it to the relevant Parliamentary Committees on Correctional Services for approval.
(6) After the Parliamentary Committees contemplated in subsection (5) 30 have approved the incarceration framework, the Minister must make regulations enacting such framework into law.".
Amendment of section 74 of Act 111 of 1998, as amended by section 28 of Act 32 of 2001
50. Section 74 of the principal Act is hereby amended— 35 (a) by the substitution for subsection (3) of the following subsection:
"(3) The National Commissioner must designate [one of] the correctional [officials] official referred to in subsection (2)(e) to act as a secretary for a Board."; and
(b) by the substitution for subsection (8) of the following subsection: 40 "(8) A member of a Board who is not in the full-time service of the
State, may receive such remuneration and allowances as the National Commissioner may, on the recommendation of the [Commission for Administration] Department of Public Service and Administration, determine [with the concurrence of the Minister of Finance].". 45
Amendment of section 75 of Act 111 of 1998, as amended by section 29 of Act 32 of 2001
51. Section 75 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: 50 "A Correctional Supervision and Parole Board, having considered the report on any [prisoner] sentenced offender serving a determinate sentence [exceeding 12] of more than 24 months submitted to it by the Case Management Committee in terms of section 42 and in the light of any other information or argument, may—"; 55
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Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
(b) by the substitution in subsection (1) for paragraph (c) of the following paragraph:
"(c) in respect of any [prisoner] sentenced offender serving a sentence of life [imprisonment] incarceration, make recommendations to the [court] Minister on granting of day parole or parole, and, 5 subject to the provisions of section 52, the conditions of community corrections to be imposed [to] on [the prisoner] such an offender.";
(c) by the substitution in subsection (2) for paragraph (c) of the following paragraph:
"(c) If in the case of a person sentenced to life [imprisonment] 10 incarceration the National Commissioner, on the advice of a Supervision Committee, requests a Board to advise on the cancellation of parole or day parole or to amend the conditions of community corrections imposed on a person, the Board must within 14 days consider the matter and make recommendations on cancellation or amendment to the [court] Minister 15 but its recommendations may be implemented provisionally prior to the decision of the [court] Minister.";
(d) by the insertion after subsection (4) of the following subsection: "(4A) The Correctional Supervision and Parole Board may, whenever
it acts in terms of this section, request any sentenced offender to present 20 oral representations in order to clarify matters contained in his or her representation submitted to the Case Management Committee in terms of section 42(3).";
(e) by the substitution for subsection (5) of the following subsection: "(5) If, after the Board has approved a [prisoner] sentenced offender 25
being placed under correctional supervision or be granted day parole or parole, and, prior to the implementation of the decision of the Board, the Case Management Committee reports to the Board that the circum­ stances of [the prisoner] such an offender have changed to such an extent that it is not advisable to implement the decision, the implemen- 30 tation shall be deferred until the Board authorises it.";
(f) by the substitution in subsection (7) for paragraph (a) of the following paragraph:
"(a) place under correctional supervision or day parole or grant parole to [a prisoner] a sentenced offender serving a sentence of [less than 35 12 months imprisonment] incarceration for 24 months or less and prescribe conditions in terms of section 52; or"; and
(g) by the substitution for subsection (8) of the following subsection: "(8) A decision of the Board is final except that the Minister [or], the
National Commissioner or the Inspecting Judge may refer the matter to 40 the Correctional Supervision and Parole Review Board for reconsidera­ tion, in which case the record of the proceedings before the Board must be submitted to the Correctional Supervision and Parole Review Board.".
Amendment of section 76 of Act 111 of 1998 45
52. Section 76 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (b) of the following paragraph:
"(b) a director [or a deputy director] of Public Prosecutions or a person nominated by that director;".
Amendment of section 77 of Act 111 of 1998 50
53. Section 77 of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:
"On consideration of a record submitted in terms of section 75 and any submission which the Minister, National Commissioner, Inspecting Judge or [person] the sentenced offender concerned may wish to place before the Correctional 55 Supervision and Parole Review Board, as well as such other evidence or argument as is allowed, the Correctional Supervision and Parole Review Board must—".
46 No. 3)593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Substitution of section 78 of Act 111 of 1998
54. The following section is hereby substituted for section 78 of the principal Act:
"Powers of [court] Minister in respect of [prisoners] offenders serving life sentences
78. (1) Having considered the record of proceedings of the Correctional 5 Supervision and Parole Board and its recommendations in the case of [a prisoner] a person sentenced to life [imprisonment] incarceration, [the court] the National Council may, subject to the provisions of section 73(6)(£>Xiv), recommend to the Minister to grant parole or day parole [or] and prescribe the conditions of community corrections in terms of section 10 52.
(2) If the [court] Minister refuses to grant parole or day parole in terms of subsection (1), [it] the Minister may make recommendations in respect of treatment, care, development and support of the [prisoner] sentenced offender which may contribute to improving the likelihood of future 15 placement on parole or day parole.
(3) Where a Correctional Supervision and Parole Board acting in terms of section 73 recommends, in the case of a person sentenced to life [imprisonment] incarceration, that parole or day parole be withdrawn or that the conditions of community corrections imposed on such a person be 20 amended, the [court] Minister, on advice of the National Council, must consider and make a decision upon the recommendation.
(4) Where the [court] Minister refuses or withdraws parole or day parole the matter must be reconsidered by the [court] Minister, on advice of the National Council, within two years.". 25
Substitution of section 79 of Act 111 of 1998
55. The following section is hereby substituted for section 79 of the principal Act:
"Correctional supervision or parole on medical grounds
79. Any person serving any sentence in a [prison] correctional centre and who, based on the written evidence of the medical practitioner treating 30 that person, is diagnosed as being in the final phase of any terminal disease or condition may be considered for placement under correctional supervi­ sion or on parole, by the National Commissioner, Correctional Supervision and Parole Board or the [court] Minister, as the case may be, to die a consolatory and dignified death.". 35
Amendment of section 80 of Act 111 of 1998
56. Section 80 of the principal Act is hereby amended by the substitution for subsections (1) and (2), respectively, of the following subsections:
"(1) A Correctional Supervision and Parole Board may, on the recommendation of the National Commissioner, grant to [a prisoner] a sentenced offender, except to 40 [a prisoner] a person serving a life sentence or a sentence^] in terms of section 286A of the Criminal Procedure Act, who has acted highly meritoriously, special remission of sentence not exceeding two years either unconditionally or subject to such conditions as the Board may determine.
(2) Special remission in terms of this section may not result in the [prisoner] 45 sentenced offender serving less than a stipulated non-parole period or [half of his or her original sentence], if no such period has been stipulated, the period determined by the National Council in terms of section 73A.".
48 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Amendment of section 81 of Act 111 of 1998
57. Section 81 of the principal Act is hereby amended by the substitution for subsections (2) and (3), respectively, of the following subsections:
"(2) The National Council may recommend the advancement of the approved date for placement of any [prisoner] sentenced offender or a group of [prisoners] 5 sentenced offenders under community corrections and the Minister may act accordingly.
(3) Community corrections granted in terms of subsection (2) is subject to such conditions as may be imposed by the Correctional Supervision and Parole Board under whose jurisdiction the [prisoners] sentenced offenders may fall or the 10 National Commissioner in terms of section 75(7).".
Amendment of section 82 of Act 111 of 1998
58. Section 82 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraphs (a) and (b), respectively,
of the following paragraphs: 15 "(a) at any time authorise the placement on correctional supervision or
parole of any sentenced [prisoner] offender, subject to such conditions as may be recommended by the Correctional Supervi­ sion and Parole Board under whose jurisdiction such [prisoner] sentenced offender may fall or, in the case of [a prisoner] a person 20 serving a life sentence, by the [court] Minister; and;
(b) remit any part of [a prisoner's] a sentenced offender's sentence."; and
(b) by the substitution for subsection (2) of the following subsection: "(2) Nothing in this Act affects the power of the President to pardon or 25
reprieve sentenced offenders.".
Amendment of section 83 of Act 111 of 1998
59. Section 83 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraphs fa) and (h) respectively, of
the following paragraphs: 30 "(a) [two] three judges of the Supreme Court of Appeal of South Africa
or of the High Court of South Africa appointed after consultation with the Chief Justice;
(h) four or more persons 1 not in the full-time service of the State, [or members of Parliament] appointed as representatives of the public 35 [after] in consultation with the [Portfolio Committee on Correc­ tional Services] relevant Parliamentary Committees."; and
(b) by the substitution for subsection (4) of the following subsection: "(4) The Minister must appoint one of the judges referred to in
subsection (2)(a) as chairperson and the other two as [vice-chairperson] 40 vice-chairpersons of the National Council.".
Substitution of heading to Chapter IX of Act 111 of 1998
60. The following heading is hereby substituted for the heading to Chapter IX of the principal Act:
"THE JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES". 45
50 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Substitution of section 85 of Act 111 of 1998
61. The following section is hereby substituted for section 85 of the principal Act:
"Establishment of Judicial Inspectorate for Correctional Services
85. (1) The Judicial Inspectorate [of prisons] for Correctional Services is an [independant] independent office under the control of the Inspecting 5 Judge.
(2) The object of the Judicial Inspectorate for Correctional Services is to facilitate the inspection of [prisons] correctional centres in order that the Inspecting Judge may report on the treatment of [prisoners] inmates in [prisons] correctional centres and on conditions in [prisons] correctional 10 centres.".
Repeal of section 87 of Act 111 of 1998
62. Section 87 of the principal Act is hereby repealed.
Insertion of section 88A in Act 111 of 1998
63. The following section is hereby inserted in the principal Act after section 88: 15
"Appointment of the Chief Executive Officer
88A. (1) The Inspecting Judge must identify a suitably qualified and experienced person as Chief Executive Officer, who- (a) is responsible for all administrative, financial and clerical functions of
the Judicial Inspectorate; 20 (b) is accountable to the National Commissioner for all the monies
received by the Judicial Inspectorate; and (c) is under control and authority of the Inspecting Judge.
(2) The person contemplated in subsection (1) must be appointed by the National Commissioner. 25
(3) The appointment and other conditions of service, including salary and allowances of the Chief Executive Officer are regulated by the Public Service Act.
(4) Any matters relating to misconduct and incapacity of the Chief Executive Officer must be referred to the National Commissioner by the 30 Inspecting Judge.".
Substitution of section 89 of Act 111 of 1998, as amended by section 32 of Act 32 of 2001
64. The following section is hereby substituted for section 89 of the principal Act:
"Appointment of staff and Assistants 35
89. (1) The Chief Executive Officer must appoint staff as may be necessary to enable the Judicial Inspectorate for Correctional Services to perform its functions in terms of this Act.
(2) The staff componenl must be established in accordance with the Public Service Act.
(3) The conditions of service including salaries and allowances of such staff are regulated in terms of the Public Service Act.
(4) (a) The Chief Executive Officer must appoint one or more persons with legal, medical, penological or any other expertise as assistants and when required by the Inspecting Judge, to assist the Inspecting Judge with any specialised aspect of inspection or investigation.
(b) Such persons must be appointed for a fixed period or until the completion of a specific task.
40
45
52 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
fc) The remuneration of such persons must be determined in accordance with the Public Service Act.
(d) Such persons must perform such functions as authorised and directed by the Inspecting Judge.".
Amendment of section 90 of Act 111 of 1998 5
65. Section 90 of the principal Act is hereby amended— (a) by the substitution for subsection (3) of the following subsection:
"(3) The Inspecting Judge must submit a report on each inspection to the Minister and the relevant Parliamentary Committees on Correctional
(b) by the substitution for subsection (7) of the following subsection: "(7) The Inspecting Judge may [delegate] assign any of his or her
functions to inspectors, except where a hearing is to be conducted by the Inspecting Judge."; and
Amendment of section 92 of Act 111 of 1998
66. Section 92 of the principal Act is hereby amended by the substitution for subsections (1). (2) and (3), respectively, of the following subsections:
"(1) At the request of and in consultation with [The] the Inspecting Judge, the Chief Executive Officer must as soon as practicable, after publicly calling for 20 nominations and consulting with community organisations, appoint an [Independant Prison] Independent Correctional Centre Visitor for [any prison or prisons] each correctional centre.
(2) An [Independant Prison] Independent Correctional Centre Visitor holds office for such period as the [Inspecting Judge] Chief Executive Officer may 25 determine at the time of such appointment in consultation with the Inspecting Judge.
(3) The [Inspecting Judge] Chief Executive Officer may at any time, if valid grounds exist, suspend or terminate the service of an [Independant Prison] Independent Correctional Centre Visitor.". 30
Amendment of section 93 of Act 111 of 1998
67. Section 93 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words: '"An [Independant Prison] Independent Correctional Centre Visitor 35 shall deal with the complaints of [prisoners] inmates by—"; and
(b) by the deletion of subsection (8).
Substitution of heading to Chapter XI of Act 111 of 1998
68. The following heading is hereby substituted for the heading to Chapter XI of the principal Act: 40
[INTERNAL SERVICE EVALUATION AND ERADICATION AND PRE­ VENTION OF CORRUPTION] COMPLIANCE MANAGEMENT".
Services."; 10
by the deletion of subsection (8). 15
54 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT. 2008
Amendment of section 95 of Act 111 of 1998, as amended by section 34 of Act 32 of 2001
69. The following section is hereby substituted for section 95 of the principal Act:
'[Objectives and functions of internal service evaluation] Compliance monitoring 5
95. (1) The National Commissioner must [conduct an internal service evaluation] monitor compliance with relevant prescriptions by means of internal auditing, performance auditing, inspections and investigations to promote the economical and efficient operation of the Department and to ensure that the objectives and principles of this Act are met. 10
(2) Such [a service evaluation] compliance monitoring must assess, at regular intervals, the effectiveness of internal control at national and [provincial] regional level, individual [prisons] correctional centres including [joint venture prisons] public-private partnership correctional centres and community corrections, by— 15 (a) determining whether the departmental operations are conducted
effectively; (b) reviewing the reliability of financial, operational and management
information; (c) ascertaining whether departmental assets and interests are controlled 20
and safeguarded from losses; (d) assessing the effective utilisation of human and other resources; and (e) monitoring whether established objectives for programmes are being
achieved[; (J) suggesting measures to combat theft, fraud, corruption and any 25
other dishonest practices or irregularities; and (g) investigating theft, fraud, corruption and any other dishonest
practices or irregularities]. (3) The National Commissioner must establish appropriate mechanisms
for [internal service evaluation] compliance monitoring. 30 [(3A) (a) The Commissioner must establish a unit to deal with
matters in terms of subsections (2)(/) and (g) and (3). (b) Members of this unit—
(i) are responsible to initiate disciplinary proceedings resulting from any investigation in terms of subsection (2)(g); and 35
(ii) may in the manner prescribed by regulation enter and search any departmental premises and seize any departmental record.
(4) The Commissioner must include in the annual report to Parliament, an account of the process and results of the internal service evaluation. 40
(5) The Commissioner must, on request, send a copy of all internal service evaluation reports to the Inspecting Judge.]".
Insertion of sections 95A, 95B and 95C in Act 111 of 1998
70. The following sections are hereby inserted in the principal Act, after section 95:
"Departmental Investigation Unit 45
95A. The National Commissioner must establish a unit to investigate theft, fraud, corruption and maladministration by correctional officials.
Code enforcement
95B. The National Commissioner must establish a unit to institute disciplinary proceedings and to prosecute in disciplinary matters resulting 50 from any investigation contemplated in section 95A.
56 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Parliament an account of the process and results of— (a) the compliance monitoring in terms of section 95; (b) the investigations contemplated in section 95A; and (c) the disciplinary proceedings contemplated in section 95B.
(2) The National Commissioner must, on request, send a copy of any account contemplated in subsection (1) to the Inspecting Judge.".
Amendment of section 96 of Act 111 of 1998, as amended by section 25 of Act 32 of 2001 10
71. Section 96 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection:
"(2) (a}_ Subject to the provisions of subsection (1), the relationship between the Department as employer and every correctional official in the service of the Department is regulated by the provisions of the 15 Labour Relations Act and the Public Service Act.
20
(b) Notwithstanding item 6(2) of Schedule 8 to the Labour Relations Act. where a service of the Department is designated as an essential service in terms of section 71 of that Act, and an official who provides such service participates in a strike that does not comply with the provisions of chapter IV of that Act and the strike constitutes a threat to the safety of inmates, officials or the public, the official in question may be summarily dismissed, if such dismissal is substantively fair, as contemplated in item 6(1) of that Schedule."; and
(b) by the substitution for subsection (5) of the following subsection: 25 "(5) The provisions relating to the retirement, resignation or discharge
of correctional officials contained in the Correctional Services Act. 1959 (Act No. 8 of 1959), remain in force unless amended in the Bargaining Council for the Department of Correctional Services in terms of the Labour Relations Act and the Public Service Act.". 30
Amendment of section 98 of Act 111 of 1998
72. The following section is hereby substituted for section 98 of the principal Act:
"Professionals
98. Any professional correctional official appointed by the National Commissioner to work directly with [prisoners] inmates and [persons] 35 sentenced offenders subject to community corrections retains his or her professional [independence] discretion, but is still subject to all the prescripts not in conflict with his or her ethical or professional code applicable to correctional officials.".
Amendment of section 99 of Act 111 of 1998 40
73. Section 99 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection:
"(5) The National Commissioner may permit any person other than those mentioned in subsections (1) to (4) to visit [a prisoner] an inmate, a [prison] correctional centre or any specific section of a [prison] correctional centre for any 45 special or general purpose.".
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Report of Commissioner
95C. (1) The National Commissioner must include in the annual report to
58 No. 31593 GOVERNMENT GAZETTE. 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Amendment of section 101 of Act 111 of 1998, as amended by section 37 of Act 32 of 2001
74. Section 101 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraph (a) of the following
paragraph: 5 "(a) maintaining the safe custody of [a prisoner] an inmate, the security
of a [prison] correctional centre and controlling access of persons to and permissibility of goods in a [prison] correctional centre;
(b) by the deletion in subsection (1) of the word "or" at the end of paragraph (b), the addition of the word "or" at the end of paragraph (c) and the addition of 10 the following paragraph:
"(d) investigating theft, fraud, corruption and maladministration by correctional officials."; and
(c) by the substitution for subsection (2) of the following subsection: "(2) Despite the provisions of subsection (1)— 15
(a) a correctional official may not search another correctional official or seize his or her property without his or her consent or being authorised to do so by the National Commissioner but a general authorisation to search other correctional officials may be granted to a correctional official who is required to act in order to control 20 access to or maintain secure custody within a [prison] correctional centre, or to give effect to subsection (\)(d)\ and
(b) action cannot be taken in terms of subsection (1)(c) or (d) outside a prison unless a search warrant has been issued by a magistrate but a correctional official may act in terms of subsection (])(c) or (d) 25 without a warrant when he or she on reasonable grounds believes that— (i) a warrant will be issued authorising action in terms of sub­
section (1)(c) or (d); and (ii) the delay in obtaining such a warrant would defeat the object of 30
the search.".
Amendment of section 106 of Act 111 of 1998
75. Section 106 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (c) of the following paragraph:
"(c) apply approved mechanical means of restraint contemplated in section 31 to 35 a [prisoner] sentenced offender detained in [a single cell] segregation for a period not exceeding 30 days;".
Amendment of section 113 of Act 111 of 1998
76. Section 113 of the principal Act is hereby amended by the substitution for paragraph (e) of the following paragraph: 40
"(e) incites or induces [a prisoner] an inmate to contravene a lawful rule, order, a regulation or a provision of this Act,".
Amendment of section 115 of Act 111 of 1998
77. Section 115 of the principal Act is hereby amended by the substitution for paragraphs (b) and (c), respectively, of the following paragraphs: 45
"(b) assists [a prisoner] an inmate in escaping or attempting to escape from any prison or from any place where he or she may be in custody;
(c) for the purpose of facilitating the escape of any [prisoner] inmate, supplies or agrees to supply or assists, incites or induces any other person to supply [a prisoner] an inmate with any document, disguise or any other article;". 50
60 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Amendment of section 116 of Act 111 of 1998
78. The following section is hereby substituted for section 116 of the principal Act:
"Unauthorised removal of [prisoner] inmate from [prison] correc- tional centre
116. Any person who, without lawful authority, removes [a prisoner] an 5 inmate or allows him or her to leave the [prison] correctional centre, or place where such [prisoner] inmate is in custody, is guilty of an offence and liable on conviction to a fine, or in default of payment, to imprisonment for a period not exceeding eight years or to imprisonment without the option of a fine or both.". 10
Amendment of section 118 of Act 111 of 1998
79. Section 118 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (b) of the following paragraph:
"(b) except for the purposes of the execution of official duties, have any pecuniary dealing with [a prisoner] an inmate or with any other person relating to 15 [a prisoner] an inmate; or".
Amendment of section 123 of Act 111 of 1998
80. Section 123 of the principal Act is hereby amended— (a) by the substitution in subsection (2) for paragraph (a) of the following
paragraph: 20 "(a) No person may without the permission of the National
Commissioner publish any account of an offence for which [a prisoner] an inmate or person subject to community corrections is serving a sentence.".
(b) by the substitution for subsection (4) of the following subsection: 25 "(4) (a) Any person who is not satisfied with the decision of the
National Commissioner to grant or refuse permission in terms of subsections (2) and (3), may within 10 days after being informed of the decision refer the matter to the [Inspecting Judge] Minister.
(b) The [Inspecting Judge] Minister must confirm or set aside the 30 decision."; and
(c) by the substitution for subsection (7) of the following subsection: "(7) A Court convicting [a prisoner] an inmate or any other person of
an offence in terms of this section may declare any reward or remuneration received by or on behalf of such [prisoner] inmate or 35 person, forfeit to the State.".
Substitution of section 124 of Act 111 of 1998
81. The following section is hereby substituted for section 124 of the principal Act:
"Unauthorised wearing of departmental dress or insignia or pre­ scribed sentenced offender dress 40
124. Any unauthorised person who wears or uses— (a) the departmental dress, distinctive badge or insignia of the Department
or of a custody official; or (b) the prescribed sentenced offender dress, or anything deceptively resembling them is guilty of an offence and liable 45 on conviction to a fine or, in default of payment, to [imprisonment]
62 No. 31593 GOVERNMENT GAZETTE, II NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
incarceration for a period not exceeding [six] _18 months or to such [imprisonment] incarceration without the option of a fine or both.".
Amendment of section 133 of Act 111 of 1998
82. Section 133 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: 5
"(1) All State departments must, as far as practicable, purchase articles and supplies manufactured by [prisoner] sentenced offender labour from the Depart­ ment at fair and reasonable prices as may be determined by the Minister of Finance.".
Amendment of section 134 of Act 111 of 1998, as amended by section 41 of Act 32 10 of 2001
83. Section 134 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraph (m) of the following
paragraph: "(m) providing money, food, clothing, a travelling allowance or method 15
of transport for [prisoners] sentenced offenders prior to their placement for release;";
(b) by the substitution in subsection (1) for paragraph (hh) of the following paragraph:
"(hh) the appointment and conditions of service, including the disciplin- 20 ary code and procedures, of correctional officials and voluntary workers, excluding officials of the Senior Management Service as defined in the Regulations issued in terms of the Public Service Act, and all personnel matters pertaining to them;";
(c) by the substitution in subsection (2) for paragraphs (m) and (n), respectively, 25 of the following paragraphs:
"(m) the recording of identification particulars of [a prisoner] an inmate;
(n) the taking of the fingerprints and photographs of [a prisoner] an inmate for identification purposes;"; 30
id) by the substitution in subsection (2) for paragraph (ee) of the following paragraph:
"(ee) the conditions for the issuing, wearing and maintenance of articles of [uniform] departmental dress and equipment;"; and
(e) by the deletion in subsection (2) of paragraph (hh). 35
Amendment of section 136 of Act 111 of 1998, as amended by section 42 of Act 32 of 2001
84. Section 136 of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection:
"(4) If a person is sentenced to life [imprisonment] incarceration 40 after the commencement of Chapters IV, VI and VII while serving a life sentence imposed prior to the commencement, the matter must[, after the prisoner has served 25 years accumulatively, be referred to the court which imposed the last sentence of life imprisonment for consideration of] be referred to the Minister who must, in consultation 45 with the National Council, consider him or her for placement under day parole or parole.".
Transitional provision
85. The amendments effected by the Correctional Services Amendment Act, 2008, must with the necessary changes to the context apply to all life sentences imposed since 50 1 October 2004.
64 No. 31593 GOVERNMENT GAZETTE, 11 NOVEMBER 2008
Act No. 25, 2008 CORRECTIONAL SERVICES AMENDMENT ACT, 2008
Substitution of certain words in Act 111 of 1998
86. The principal Act is hereby amended— (a) by the substitution for the words specified in Column 1, wherever they occur,
of the words specified opposite thereto in Column 2:
Column 1 Column 2 "Area Manager" "National Commissioner" "Commissioner" "National Commissioner" "Head of Prison" "Head of the Correctional Centre" "imprisonment" "incarceration" "Independant Prison Visitor" "Independent Correctional Centre Visitor" "Independant Prison Visitors" "Independent Correctional Centre Visitors" "joint venture prison" "public-private partnership correctional centre" "joint venture prisons" "public-private partnership correctional centres" "medical officer" "correctional medical practitioner" "prison" "correctional centre" "prisons" "correctional centres" "Provincial Commissioner" "Regional Commissioner" sentenced prisoner sentenced offender sentenced prisoners sentenced offenders unsentenced prisoners unsentenced offenders
5
(b) by the substitution for the words specified in Column 1, wherever they occur in the sections specified in Column 2, of the words specified in Column 3:
Column 1 Column 2 Column 3
"prisoner or prisoners" Sections 4 to 24, 26 to 34. 99. 101, 115 to 123, 134(1 )C, (b). (c), (e), (f), (g), (h), (i), (j), (k), (1). (n), (o), (Oa) (Ob), (r). (s), (2)L (t), (bb). («•), (ee), (x), and 136(2) and (3)
"sentenced offender or sentenced offenders"
Short title and commencement
87. (1) This Act is called the Correctional Services Amendment Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
(2) Different dates may be fixed under subsection (1) in respect of different provisions of this Act. 40
(3) The commencement date for sections 73 and 73A must be fixed after the regulations contemplated in section 73A(6) have been made and published in the Gazette.".