Prisons Amendment Act
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
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CAPE TOWN, 26 AUGUST 1983
KAAPSTAD, 26 AUGUSTUS 1983 No. 8870
OFFICE OF THE PRIME MINISTER KANTOOR VAN DIE EERSTE MINISTER
No.1888. 26 August.1983 No. 1888. 26 Augustus 1983
It is hereby notified that the State President has ::ssented to the following Act which is hereby published ::::Jr general information:-
No. 104 of 1983: Prisons Amendment Act, 1983.
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
No. 104 van 1983: Wysigingswet op Gevangenisse, 1983.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
2 No. 8870 GOVERNMENTGAZETIE, 26 AUGUST-1983
Act No. 1041 1983 PRISONS AMENDMENT ACf, 1983
GENERAL EXPLANATORY NOTE:
[
Amendment of section 1 of Act 8 of 1959, as amended by section 1 of Act 75 of 1965, section 46 of Act 70 of 1968, section 1 of Act 88 of 1977, section 1 of Act 58 of 1978, section 1 of Act 22 of 1980, section 1 of Act 43 of 1981 and section 1 of Act 65 of 1982.
J Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with solid line indicate insertions in existing . enactments.
ACT To amend the Prisons Act, 1959, so as to extend the definition of
"prisoner" to include certain mentally ill persons; to provide for th·e establishment of a Prisons Service Reserve Force; to extend the composition of the Prisons Service by the inclu· sion of the Prisons Service Reserve Force; to delete a refer· ence to the Senate and to replace the words "Consolidated Revenue Fund" with the words "State Revenue Fund"; to extend the circumstances in which members of the Prisons Service may be discharged without an enquiry; to define more fully the requirements for the reception of unconvicted persons at prisons; to prohibit the unauthorized presence of persons at a prison; to increase the penalties for certain of· fences; to do away with the prohibition in connection with to· bacco in a prison; to make other provision relating to the de· termination of the prices at which goods manufactured by the Prisons Service may be sold; to make further and other provision relating to the detention of certain unconvicted persons, and to the holding of inquests in respect of the deaths of prisoners who presumably died from other than natural ~uses; to extend the power of the State President to make regulations; and to delete the provision that the said Act may be applied to the territory of South West Africa; and to provide for incidental matters.
(English text signed by the State President.) (Assented to 18 August 1983.)
BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-
1. Section 1 of the Prisons Act, 1959 (hereinafter referred to as the principal Act), is hereby amended-
(a) by the substitution for paragraph (a) of the definition of 5 "prisoner" of the following paragraph:
"(a) any person who is being detained in custod within or outside any prison- (i) to serve a sentence of imprisonment; (ii) for the carrying out of a sentence of death im- 10
posed upon him; (iii) as a President's patient; (iv) as a mentally ill prisoner on expiry of his sen-
tence under section 34 of the Mental Health Act, 1973 (Act No. 18 of 1973), or under an 15 order by a judge;"; and
(b) by the insertion after the definition of "release on pro- bation" of the following definition:
'"reserve force' means the Prisons Service Reserve Force referred to in section 9B;". 20
4 No.8870
Ac:t No. 104, 1983
Amendment of section 2 of Act 8 of 1959, as amended by section 2 of Act 43 of 1981.
Amendment of section 6 of Act 8 of 1959.
Insertion of sec- tions 98, 9C, 90, 9E and 9F in Act 8 of 1959.
GOVERNMENTGAZETIE, 26AUGUST 1983
PRISONS AMENDMENT ACT, 1983
2. Section 2 of the principal Act is hereby amended by the substitution for subsectio-n (1) of the following subsection:
"(1) There shall be in the Department of Justice a service, known as the Prisons Service, which shall consist of- ( a) officers appointed under section 4; 5 (b) members of the Prisons Service, other than officers, ap-
pointed under section 8; (c) members of the reserve force.".
3. Section 6 of the principal Act is hereby amended by the substitution in subsection (3) for the expression "Secretary for 10 Health" of the expression "Director-General: Health and Wel- fare".
4. The following sections are hereby inserted in the principal Act after section 9A:
"Prisons Ser- 9B. (1) Every person who has served in a full-time 15 vice Reserve capacity for a period of not less than four years in a Force. ' post on the fixed establishment of the Prisons Ser·
vice, and who has resigned or who resigns from the service of the Prisons Service on or after 1 January 1983, becomes at the commencment of this Act or 20 upon his resignation a member of the Prisons Ser· vice Reserve Force, and, subject to the provisions of this Act, remains a member thereof until he attains the age of 55 years.
(2) (a) A person contemplated in subsection (1) 25 shall, within three months after the commence- ment of this Act or within three months after he has so resigned, by registered post _ notify .. an officer designated by the Commissioner of his postal and residential address, and shall within 30 14 days after any change in such postal or. resi- dential address by registered post notify the said officer of his new postal or residential address.
(b) In any prosecution of such a person for a con- travention of paragraph (a) he shall be deemed 35 not to have notified the said officer of his postal and residential address or of his new postal or residential address, as the case may be, unless proof to the satisfaction of the court is adduced that he did in fact do so or that he took all 40 reasonable steps to do so. '
(3) The Minister or an officer acting under his authority may order any member of the reserve force by notice in writing, served upon him by post or de- livered to him, to report to. the officer and at the 45 place and time specified in the. notice to serve for the period so specified: Provided that the Minister or such an officer may exempt such a member from any obligation imposed upon him in terms of this section, or may grant him an extension of time to comply 50 therewith, or may discharge him from the reserve · force.
(4) No member of the ·reserve force shall be com- pelled to serve in the Prisons Service in a rank infer- ior to the rank in which he served upon his resigna- 55 tion from the Prisons Service.
(5) The period contemplated in subsection (3) shall not exceed 60 days per year and in the aggregate not 720 days: Provided that where a member of the re- serve force has rendered more than four years' con- 60 tinuous service in a full-time capacity in a post on the fixed establishment of the Prisons Service, his obliga- tion so to serve shall be reduced by 120 days for every completed year of such continuous service in excess of four years. · 65
(6) If the Minister is of the opinion that the public safety, the maintenance of public order, or life or property is seriously endangered,_ he may, notwith-
6 No.8870
Act No. 104, 1983
GOVERNMENT GAZETTE, 26 AUGUST 1983
PRISONS AMENDMENT ACf, 1983
standing the provisions of subsection (5), order any member of the reserve force to serve in the Prisons
. Service for such period as he thinks fit. (7) Any member of the reserve force who con-
travenes any provision of this section or fails to com- 5 ply with an order issued thereunder, shall be guilty of an offence and liable on conviction to a fine not ex- ceeding R300 or to imprisonment for a period not ex- ceeding six months or to both such fine and such im- prisonment. 10
Duties of em- 9C. (1) An employer shall afford any person in his ployers. employment who is ordered in terms of section 9B to
report for service all reasonable facilities to enable him to report for and render that service.
(2) Subject to the provisions of subsection (4) an 15 employer who- (a) fails to afford facilities as aforesaid; (b) dismisses an employer or reduces his salary .or
wages or alters his position to his disadvantage or in any other manner penalizes that employee 20 because he has been ordered under section 9B to report for service or has reported for that ser- vice or is rendering or has rendered that service; or
(c) by words, conduct or. in any other manner di- 25 reedy or indirectly compels, induces or prevails upon, or attempts to compel, induce or prevail upon, any person in or seeking to enter his em- ployment to evade the service contemplated in subsection (1), or not to report for or render 30
.. that service, shall be guilty of an offence and libale on conviction to a nne not exceeding R300 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. . 35
(3) When in any proceedings in terms of subsec- tion (2) (b) it is proved that an employer has dis- missed the employee concerned or has reduced his salary or wages or has altered his position to his dis- advantage or has in any other manner penalized that 40 employee, that employer shall be deemed, unless the contrary is proved, to have dismissed that employee or to have reduced his salary or wages or to have so altered his position or to have so penalized him, as the case may be, because that employee has been or- 45 dered under section 9B to report for service or be- cause he has reported for that service or because he is rendering or has rendered that service.
(4) (a) Nothing in this section shall be construed as requiring any employer to pay any person in his 50 employment any salary or wages in respect of any period during which he is absent from his work in order to render the service contem- plated in subsection. (1) . .
(b) Notwithstanding the provisions of subsections 55 (1) and (2) or of any law no employee who is rendering the service contemplated in subsection (1) and who is by law or in terms of any con- dition of his employment entitled to increased remuneration, paid sick leave or other paid 60 leave of absence, or any similar benefit upon completion of a fixed period or successive fixed periods of employment, shall- (i) be entitled to reckon in respect of any one
unbroken period, of service contemplated in 65 subsection (1) more than 60 days of the ab- sence from his employment occasioned by that service as employment in the determi-
8 No. 8870
Act No. 104, 1983
Amendment of section 12 of Act 8 of 1959, as amended by section4 of Act 75 of 1965, section 10 of Act 62 of 1966, section 2 of Act 9 of 1971 and section 3 of Act 58 of 1978.
Amendment of section 13 of· Act 8 of 1959.
GOVERNMENT GAZETTE, 26 AUGUST 1983
PRISONS AMENDMENT ACf, 1983
nation of that increased remuneration, paid sick leave or other paid leave of absence or similar benefit which may accrue to him in · respect of that employment: Provided that this subparagraph shall not be construed as 5 limiting any longer period which may be de- termined or fixed by or under any law relat- ing to his employment;
(ii) be entitled to the grant to him by his em- ployer of paid sick leave in respect of a 10 period falling within the limits of any period of the service contemplated in subsection {1) during which he is incapacitated as are- sult of any injury or illness;
(iii) be entitled to claim any such paid sick leave 15 or other paid leave of absence or any. other benefit before he has, in accordance with the provisions of this Act, been permitted to resume his employment, and has so re- sumed his employment. · 20
Employment 9D. Notwithstanding the provisions of section 9B of members the Commissioner or an officer acting under his auth- f~r~~erve ority may employ any member of the reserve force in
Voluntary service in re· serve force.
the Prisons Service, and may at any time terminate the services of such a member so employed. 25
9E. Notwithstanding the provisions of section 9B any person who has been exempted from service in the reserve force may, with the approval of the Com- missioner, voluntarily serve in the reserve force: Pro- vided that the provisions of section 9C (1) shall not 30 apply to the employer of any person so serving.
Remunera- 9F. (1) A member of the reserve force shall be tion of mem- paid the salary and allowances determined by the ~ers 0 { re- Minister on the recommendation of the Commission · erve orce. for Administration and after consultation with the 35
Minister of Finance: Provided that any other re- muneration paid by the State to such a member shall not be affected by this provision.
(2) The Commissioner may, on the recommenda- tion of the Commission for Administration and with 40 the approval of the Treasury, prescribe conditions of service in respect of the reserve force.".
5. Section 12 of the principal Act is hereby amended by the substitution for paragraph (b) of subsection (3)ter of the follow- ing paragraph: 45
"(b) with the approval, by resolution, of [the Senate and of] the House of Assembly, after the expiry of the said three years, for further periods which shall not exceed in the aggregate two years.".
6. Section 13 of the principal Act is hereby amended by the 50 substitution for subsection (1) of the following subsection: "(1) (a) A member of the Prisons Service who is not a commis-
- sioned officer, may be discharged from the service of the Prisons Service or be reduced in rank or in seniority in rank if, after enquiry in the manner prescribed by 55 regulation, the Commissioner is of opinion that he is unfit to remain in the service of the Prisons Service or to retain his rank or seniority in rank, as the case may be [Provided that such a member of the Prisons Service who is convicted of any of the offences mentioned in sec· 60
10 .No. 8870 GOVERNMENT GAZETTE, 26 AUGUST 1983
Act No. 104, 1983 PRISONS AMENDMENTACf, 1983
Substitution of section 14 of Act 8 of 1959, as amended by section 5 of Act 75 of 1%5.
Amendment of section 27 of Act 8 of 1959, as amended by section 4 of Act 88 of 1977 and section 6 of Act 58 of 1978.
Amendment of section 29 of Act 8 of 1959, as amended by section 104 of Act 33 of 1960 and section 8 of Act 75 of 1965.
Amendment of section 44 of Act 8 of 1959, · as substituted by' section 6 of · Act AA of 1977.
Substitution of section 45 of Act 8 of 1959, as amended by section 13 of Act 75 of 1965.
tion· twelve/fourteen, forty-three, forty-four, forty-five, forty-six or forty-seven may • in addition to any other
· penalty imposed therefor • be' discharged from the ser- vice of the · Prisons Service without an enquiry being
· held]. · 5 (b) Notwithstanding · the provisions of paragraph (a) the
Commissioner may discharge such a member from the servke of the Prisons Service without such an enquiry if- . . (i) that · member is· serving a ·sentence of im· 10 · · · prisonment; . .
(i_i) that member is convicted of· any offence referred to in section 12; 14, 43, 44, 45, 46 or 47;
·(iii) within a period of 12 months after the appointment ··of. that member it appears to the Commissioner 15
that he is unfit to remain in the service of the Pris· ons Service.".
' .7. The following section is hereby substituted for section 14 of the principal Act: · · '· · · · ' ·
"Members of 14. Any member of the Prisons Service other than 20 Prisons Ser· a commissioned officer who is convicted of assaulting vice other ; · any' prisoner may, in addition to any other penalty than officers may be dis·. imposed therefor, be discharged from· the service of charged for the Prisons· Service and if he [has been sentenced for assaulting such offence to a fine exceeding ten rand or to any 25 prisoners. period of imprisonment· without the option of a fine
and] has been so discharged, he shall [in no circum- stances] ·!!2! ~e reappointf?d as a member of the Pris- ons Service." .
. 8. Section 27. of the principal Act is hereby ;amended by the 30 substitution for paragraph:(e) of subsection (2) of the following paragraph: · .
"(e) in any other case, upon production to him of a warrant · · · or order under the himd of any person authorized·
. tqereto by any law or any order; iule or reguhition bav- 35 ' ing the force of law;:•. · · · . ·.. ·· · .
' _, jl_ 1 ·, . -, -- • ... -·- • _: • ' .
9 .• Secti.op :i9. o(the· 'pii~~ipal Act is hereby a~ended by the . deletion ohubsection (5). · .· ·. · .. ·.. . .. , . .. · · ·
.' -j '
. 10. Section 44 of .the principal Act is hereby amended by the substitution for. paragraph (a) of subsectio11 (1) of the f(Jllawing 40 paragraph: . ·· .. :'.· "(a) (i) without the permission of the Commissioner enters · · • " upon or enters, or is upon or in, any land, building,
premises or that portion . of the sea or. the seashore form in art of a rison· ·'' · 45
(ii) 1s oun mtenng on any prison reserve or on any pris- - on property or] within one hundred metres of any pris-
on or any other place where prisoners may be for the purpose of imprisonment or labour or within one hun-
, dred metres of any burial referred to in section 35 (4) 50 (b) and . who fails . to . depart . therefrom upon being: or- dered so .to do by any member of the· Prisons Service or of the South African Police Force;". '
11. The following section is hereby substituted .for section 45 of the principal Act: 55
"Penalty for · 45. No money or other consideration shall, on any receiving or pretext whatsoever, be payable, paid, given or prom- demanding ised by or on behalf of any prisoner, either on his en- ~~~~~~~: trance into, commitment to, continuance in or dis-
12 No. 8870
Act No. 104, 1983
Amendment of section 46 of Act 8of 1959, as amended by section 14 of Act 75 of 1965 and section 5 of Act 43 of 1981.
Substitution of section 47 of . Act 8 of 1959, as amended by section 15 of Act 75 of 1965.
. sideration from a pris- oner.
GOVERNMENT GAZETTE, 26 AUGUST 1983
PRISONS AMENDMENT ACf, 1983
charge from any prison, to any member of the Prisons Service or other person in the service of the Prisons Service, and any member of the Prisons Ser- vice or other person in the service of the Prisons Ser- vice receiving or demanding ·any such money or 5 other consideration, or undertaking any service in consideration of receiving or the promise of any such money or other consideration, shall be guilty of an offence and liable on conviction to a fine not exceed- ing [two hundred rand] Rl 000 or, in default of pay- 10 ment, to imprisonment for a period not exceeding one year, or to such imprisonment without the op- tion of a fine, or to both such fine and such im- prisonment.".
12. Section 46 of the principal Act is hereby amended by the 15 substitution for subsection (3) of the following subsection:
"(3) Any person who contravenes any provision of this sec- tion shall be guilty of an offence and liable on conviction to a fine not exceeding [two hundred rand] Rl 000 or, in de- fault of payment, to imprisonment for a period not exceed- 20 ing one year, or to such imprisonment without the option of . a fine, or to both such fine and such imprisonment.".
. 13. The following section is hereby substituted for section 47 of the princip;1l Act: _
"Penalty for supplying cer- tain articles to prisoners.
47. (a) Any person who without lawful authority- 25 (i) supplies, conveys or causes to be supplied or
conveyed to any prisoner. or hides or places for his use any letter, document, intoxicating liquor, [tobacco] dagga, drug, opiate, money, clothing, provisions or any other article; or 30
(ii) brings or attempts in any manner whatever to introduce into any prison, or places or at- tempts to place where prisoners shall labour, any letter, document, intoxicating liquor, [to- bacco] dagga, drug, opiate, money, clothing, 35 provisions or any other article to be sold or used therein; or
(iii) brings or attempts to bring out of any prison, or conveys from any prisoner any letter, docu- ment or other article; and . 40
(b) any member of the Prisons Service or other per- son in the service of the Prisons Service who, without lawful authority-
(i) allows any letter, document, intoxicating liquor, [tobacco] dagga, drug, opiate, money, 45 clothing, provisions or any other article to be supplied or conveyed to any prisoner or to be hidden or placed for his use; or
(ii) allows any letter, document, intoxicating liquor, [tobacco] dagga, drug, opiate, money, 50 clothing, provisions or any other article in- tended to be sold or used therein to be brought or conveyed into a prison or to be placed where prisoners shall labour; or
(iii) allows any letter, document or other article to 55 be_ brought out of any prison or to be con- veyed from any prisoner; or .
(iv) enters into or attempts to enter into any busi- ness transaction with a prisoner; and
(c) any prisoner who; without lawful authority- 60 (i) receive~, directly or indirectly, for his own use
or on behalf of any other prisoner or person
14 No.8870
Act No. 104, 1983
Amendment of section 54 of Act 8 of 1959, as amended by section 18 of Act 75 of 1965, section 5 of Act 9 of 1971, section 12 of Act 58 of 1978 and section 5 of
_ Act 22 of 1980.
Amendment of section 73 of Act8of1959, as amended by section 16 of Act 101 of 1969.
Amendment of section 74 of Act 8 of 1959, as amended by section 22 of Act 75 of 1965.
Amendment of section 75 of Act 8 of 1959.
GOVERNMENTGAZETTE,26AUGUST1983
PRISONS AMENDMENT ACf, 1983
any letter, document,. intoxicating liquor, [to- bacco] dagga, drug, opiate, money, clothing; provisions or any other article; or
(ii) enters into or attempts to enter into any busi- - ness transaction with any member of the Pris- 5
ons Service or any other person in the service of the Prisons Service; or ·
(iii) arranges, or attempts to arrange, with any member of the Prisons Service or any other person for any letter, document, intoxicating 10 liquor, [tobacco] dagga, drug, opiate, money, clothing, provisions _ or any other article to be sent or passed into any prison for his use or on his behalf: or
(iv) directly or indirectly gives or sends, or at- 15 tempts to give or send. or promises to give or send, ·any money or any other article to any member of the Prisons Service or any other person in the service of the Prisons Service as a reward for any service rendered or to be 20 rendered to him or on his behalf within or outside any prison; or
(v) hands or attempts to hand to any member of the Prisons Service or any other person any letter, document or other article for the pur- 25 pose of being hidden or placed by such mem- ber or person for eventual use by or delivery to any other prisoner or person,
shall be guilty of an offence and liable on conviction to a fine not exceeding [four hundred rand] ~ 30 or, in default of payment, to imprisonment for a period not exceeding two years, or to such im- prisonment without the option of a fine, or to both such fine and such imprisonment.".
14. Section 54 of the principal Act is hereby amended by the 35 deletion of paragraph (f) of subsection (2).
15. Section 73 of the principal Act is hereby amended by the deletion of subsection (5).
16. Section 74 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: 40
"(2} A person transferred to a prison in terms of subsec- tion (1) shall for all purposes be deemed to have been re- leased from the provisions of the Children's Act, 1960, and to be subject, mutatis mutandis, to all the provisions of this Act as if he had on the date of his transfer been sentenced 45 to [imprisonment for corrective training] two years' im- prisonment: Provided that he shall not under this section be detained under this Act for a period beyond the date upon which he would normally have been released from the re- formatory had he not been so transferred.". 50
17. Section 75 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2} As far as practicable, all departments of the Public Service shall purchase from the Prisons Service. at such
16 No. 8870
Act No. 104, 1983
Amendment of section 86 of Act 8 of 1959.
Amendment of section 87 of Act 8 of 1959, as amended by section 22 of
·Act 58 of 1978.
Amendment of section 94 of Act 8 of 1959, as amended by section 37 of Act 80 of 1964, section 24 of Act 75 of 1965, section 17 of · Act 101 of 1969. section 8 of Act 92 of 1970, section 17 of Act 62 of 1973 and section 6 of Act 43 of 1981.
Repeal of section 96 of Act 8 of 1959, as substituted by section 52 of Act 70 of 1968.
Short title.
GOVERNMENT GAZETIE, 26 AUGUST 1983
PRISONS AMENDMENT ACf, 1983
prices as may from time to time be determined by the [Re· public Tender and Supplies Board] Minister of Finance to be fair and reasonable, such articles and supplies as may be required by those departments and as may be manufactured or produced and can be supplied by the Prisons Service.". 5
18. Section 86 of the principal Act is he.reby amended- ( a) by the substitution for subsection (1) of the following
· subsection: · "(1) Where a prisoner dies and a medical practition-
er is unable to certify that his death is due. to natural 10 causes, the member of the Prisons Service in charge of the prison in question shall furnish the report required by section 2 of the Inquests Act, 1959 (Act No. 58 o 1959)."; and ·
(b) by the deletion of subsections (2) and (3). 15 , , _, . .
19. Section 87 of the principal Act is hereby amended by the substitution in paragraph (d) of subsection (4) for the words "Consolidated Revenue Fund" of the words "State Revenue Fund".
20. Section 94 of the principal Act is hereby amended- 20 (a) by the substitution in subsection (1) for subparagraph
(i) of paragraph· (b) of the following subparagraph: "(i) the mode of appointment, the · conditions of ser-
vice, the promotion, the retention of rank on re- tirement, the supply of uniforms, the prohibition 25 of the disposal of any article of kit or equipment, the conduct, the medical examination and the medical, dental and hospital treatment of members of the Prisons Service, including temporary ward- ers, and the rates of remuneration or allowances, if 30 any, payable to ministers of religion appointed under section 7;";
(b) by the addition to paragraph (b) of "subsection (1) of the following subparagraph:
••(iii) all matters which he considers necessary or expe- 35 dient to prescribe for the efficient functioning of the reserve force;";
(c) by the substitution for paragraph (j) of subsection (1) of the following paragraph: "(j) the confiscation or destruction of all articles illicitly 40
introduced into any prison or found in or near any prison, and of all clothing or other articles belong- ing to prisoners which by reason of their condition or for any other [valid] cause that the Commis- sioner may deem sufficient [it is undesirable to 45 keep] ought to be destroyed;"; and
(d) by the substitution in paragraph (t) of subsection (1) for the words "Consolidated Revenue Fund" of the words., "State Revenue Fund".
21. Section 96 of the principal Act is hereby repealed.
22. This Act shall be called the Prisons Amendment Act, 1983.
50