Correctional Services Amendment Act
This Act was assented to and published, and it amends the Correctional Services Act, 1959.
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- Act 102 of 1997
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appointments contracted out prisons contracted-out prisons correctional services custody and prison operations custody operations director appointment disciplinary suspension disclosure obligations emergency management employee confidentiality employment terms inspection inspection and reporting internal service evaluation medical services personnel registration prison administration prison complaints handling prison management prison management contracts prison oversight prison rules approval prisons +12 more
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This Act was assented to and published, and it amends the Correctional Services Act, 1959. This section amends the Correctional Services Act, 1959 by adding and updating several definitions. The Minister may make prison-management contracts with private entities, but the contract cannot give the contractor certain prison powers, cannot run longer than 25 years, and the contractor has several duties and approval requirements. This section inserts a new section after section 20A titled “Appointment of Controller”. The Commissioner must appoint a Controller for even contracted out prison.
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Provisions of Correctional Services Amendment Act
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- 19 Verify source ↗
December 1997
AI-assisted research summary: This Act was assented to and published, and it amends the Correctional Services Act, 1959.
19 December 1997 No. 1656. 19 Desember 1997 It is hereby notified that the President has assented to the following Act which is hereby published for general information:— Hierby word bekend gemaak dat die President sy ~oedkeurin~ tzehe~ het aan die onderstaande Wet wat hierby ;er algemen; ;nlig~ng gepubliseer word:— No. 102 of 1997: Co~;conal Services Amendment Act, No. 102 van 1997: Wysigingswet 1997. op Korrektiewe Dienste. I 2 No. 18516 Act No. 102.1997 GOVERNMENT GAZETTE, 19 DECEMBER 1997 CORRECTIONAL SERVICES AMENDMENT ACT, 1997 GENERAL EXPLANATORY NOTE: Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the Correctional Services Act, 1959, so as to define or delete certain expressions; to empower the Minister to contract out prisons to private contrac- tors; to make provision for the establishment of a Judicial Inspectorate; to provide for the appointment of an Inspecting Judge and Independent Prison Vkitors; to empower the Inspecting Judge to establish Vkitors’ Committees; to provide for an internal service evaluation; and to provide for matters connected therewith. (Afrikaans text signed by the President.) (Assented to 27 November 1997.) B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— 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 1%8, section 1 of Act 88 of 1977, section 1 of Act 58 of 1978, section 1 of Act 22 of 1980, Government Notice No. 2302 of 31 October 1980, section 5 1 of Act 43 of 1981, section 1 of Act 65 of 1982, section 1 of Act 104 of 1983, section 1 of Act 6 of 1985, section 1 of Act 92 of 1990, section 1 of Act 122 of 1991, section 1 of Act 68 of 1993, section 1 of Act 116 of 1993, section 1 of Act 135 of 1993, section 1 of Act* of 1996 and section 35 of Act 47 of 1997 - 1 Verify source ↗
Section 1 of the Correctional Services Act, 1959 (hereinafter referred to as the 10
AI-assisted research summary: This section amends the Correctional Services Act, 1959 by adding and updating several definitions.
1. Section 1 of the Correctional Services Act, 1959 (hereinafter referred to as the 10 rn-incipal Act), is amended— . (;) (b) by the insertion before the definition of “bury” of the following definition: “ ‘Area Manager’ means a correctional official appointed as such by the Commissioner, in charge of all correctional officials who are on the establishment of the Department at a Correctional Services Management Area 15 or office or who have been attached thereto for duty;”; by the insertion after the definition of “Cornmissioner” of the following definitions: “ ‘community corrections’ means all forms of non-custodial measures and supervision applicable to persons who are subject to such measures in the community and who are under the supervision of the Department; ‘contract’, in relation to a contracted out prison, includes a contract for any or all of the design, construction, financing, management and operation of that nri son: 20 4 ., .”.,, No. 182)0 Act No. 102, 1997 GOVERNMENT GAZE~E. 19 DECEMBER 1997 CORRECTIONAL SERVICES AMENDMENT ACT. 1997 ‘contracted out prison’ means a prison or p art of a prison referred to in section Y3A; ‘Contractor’. in relation to a contracted out prison. includes the private entity who has contracted with the State for any or all of the design. construction. financing. management and operation of a prison: ‘Controller’ means a senior correctional official in the employ of the Department appointed in terms of section 20B; ”; by the insertion after the definition of “credits” of the following definition: ‘, . custody official’ means an employee of a Contractor. who is duly certified to carry out custodial duties at or in respect of a contracted out prison. and may include. if the contract so authorizes. any person employed by a sub- contractor who is so certified:”; by the insertion after the definition of “determinate sentence” of the following d~finitions: ‘. ‘ Director’ means a Director in the employ of the Contractor appointed in terms of section 20D( 1 ); ‘Head of the Prison’ means a correctional official designated by the Commissioner to manage a particular prison: ‘Independent Prison Visitor’ means an Independent Prison Visitor appointed under section 25G;”: by the insertion after the definition of “indeterminate sentence’” of the f~llowing definition: “ ‘Inspecting Judge’ means a judge appointed in terms of section XI,A:”: by the insertion after the definition of “Institutional Committee of the f~llowing definition: ,. . Judicial Inspectorate’ means the inspectorate established by section 25:”: by the insertion after the definition of “juvenile” of the following definition: . . . mana~ement area’ means an area determined by a Provmc]al Commis- sioner which consists of one or more prisons or offices and which is under the management of a correctional official designated as an Area Manager:”: by the addition at the end of the definition of the word “prison” of the following words: “and further includes a contmcted out prison;”; by the insertion after the definition of “probationer” of the follow’in~ definition: . . ‘ Provincial Commissioner’ means a correctional official designated by the Commissioner to manage and control the activities of the Department in a province as recognised in the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);”; by the insertion after the definition of “take”’ of the following definition: “ ‘Temporary Manager’ means a senior correctional official in the employ of the Department appointed for the purposes referred to in section 20J:”: by the insertion after the definition of “this Act” of the following definition: “ L Vkitors’ Committee’ means a committee established in terms of section (c) (d) ((’) (f) (XJ (j) (k) ‘I CT.73 LJl, Insertion of section 20A in Act 8 of 1959 - 2 Verify source ↗
The following section is inserted in the principal Act after section 20:
AI-assisted research summary: The Minister may make prison-management contracts with private entities, but the contract cannot give the contractor certain prison powers, cannot run longer than 25 years, and the contractor has several duties and approval requirements.
2. The following section is inserted in the principal Act after section 20: 5 10 15 ~~ 25 30 35 40 45 “Minister empowered to enter into contract for the management and operation of a prison 20A. ( 1 ) The Minister may, subject to any law gOVM@2 the award of contracts by the State, enter into a contract with any private entit] to— (a) design; (/7) construct; 50 I 6 No. 18516 GOVERNMENT G/%ZETTE. 19 DECEMBER 1997 Act No. 102.1997 CORRECTIONAL SERVICES AMENDMENT ACT. 1997 (c) finance; (d) manage and operate. any prison or part of a prison established or to be established in terms of section 20. (2) The contract shall not— (a,) confer on or assign to the Contractor the power t~ (i) conduct any disciplinary hearing against a prisoner: (ii) apply and administer correctional supervision; and (iii) place any prisoner on parole. (b) be for a period of more than 25 years. (3) The Contractor shall— (a) (b) (c) (d) (e) ensure that all prisoners are treated with dignity and in a humane manner; comply with all international law standards and conventions gover- ning the detention or imprisonment of persons and to which the Republic of South Africa is a party; not be entitled to subcontract. cede or delegate any of the management and operational functions under the contract unless authorized to do so under the contract: facilitate the exercise and the performance. by any statutor> body and an!: other person. of the powers. functions and duties conferred on or ass]gned to each of them by or under this Act or according to law; and apply to the Essential Services Committee established under section 70- of the Labour Relations Act, 1995 (Act No 66 of 1995). within 21 days after having been notified of the award of such contract. to have the whole of the service to be provided under the contract declared an essential service. (4) (a) The Contractor shall on] y be entitled to promulgate prison rules if such rules have been submitted to the Commissioner for review and approval. (b) The Commissioner shall. after consultation with the Contractor. be entitled to- (i) reject the proposed rules in their entirety: or (ii) vary such rules.’”. Insertion of section 20B in Act 8 of 1959 - 3 Verify source ↗
The following section is inserted in the principal Act after section 20A:
AI-assisted research summary: This section inserts a new section after section 20A titled “Appointment of Controller”.
3. The following section is inserted in the principal Act after section 20A: “Appointment of Controller - 20B Verify source ↗
The Commissioner shall appoint a Controller for even contracted
AI-assisted research summary: The Commissioner must appoint a Controller for even contracted out prison.
20B. The Commissioner shall appoint a Controller for even contracted out prison.”. Insertion of section 20C in Act 8 of 1959 - 4 Verify source ↗
The following section is inserted in the principal Act after section 20B:
AI-assisted research summary: The Controller must monitor and report on the daily management of a contracted out prison, and can authorize certain orders about prisoner detention and restraints. The Contractor must help the Controller carry out these duties.
4. The following section is inserted in the principal Act after section 20B: “Powers, functions and duties of Controller 20C. (1) The Controller shall— (a) keep under review and monitor the daily management and operation of the contracted out prison: (b) report to the Commissioner on the daily management and operation of a contracted out prison: 35 40 45 (c) be authorized to order the Director and custody officials in the employ of the Contractor to- (i) order the separate detention of a prisoner or prisoners of a specific 50 class in the circumstances contemplated in section 23; (ii ) temporarily confine a prisoner in a cell as contemplated in section 79 subject to any approval or orders given by the Controller; x No, 18516 Act No. 102.1997 GOVERNMENT GAZETTE. 19 DECEMBER I YY7 CORRECTIONAL SERVICES AMENDMENT ACT. I Y)7 (iii ) apply an approved mechanical means of restraint as contem- plated in section 80 to a prisoner detained in a single cell for a period not exceeding 30 days. (2) The detention of a prisoner in a single ccl] shall be in the manner prescribed by the Controller: Provided that such detention shall not be applied as a disciplinary measure. 5 (3) The Contractor shall facilitate the performance. by the Controller. of all the duties set out in subsection (1 ).”. Insertion of section 20D in Act 8 of 1959 - 5 Verify source ↗
The following section is inserted in the principal Act after section 20C:
AI-assisted research summary: The Contractor must appoint a Director, but the appointment needs the Commissioner’s prior written approval. The Director is also subject to certification under section 20F.
5. The following section is inserted in the principal Act after section 20C: 10 “Appointment of Director ~ODo ( ] ) The Contractor sha]l appoint a Director whose ap pointment shall be subject to the prior written approval of the Commissioner. as the head of the contracted out prison, (2) The Director shall also be subject to certification as con[ernplated in Is section 20F. ”. Insertion of section 20E in Act 8 of 1959 - 6 Verify source ↗
The following section is inserted in the principal Act after section 20D:
AI-assisted research summary: The Director of every contracted out prison is responsible for daily management and operation, and has prison-head-like functions for certain statutory purposes. In urgent cases, the Director may temporarily apply certain measures subject to the Controller’s orders if delay would defeat the object of the measure.
6. The following section is inserted in the principal Act after section 20D: “Powers, functions and duties of Director 20E. ( 1 ) The Director of every contracted out prison sball— f(f) be responsible for the daily management and operation of that prison: (b) be in charge of such prison for the purposes contemplated in sections ~6. Q7, ~9, 31, 86 and 87 of this Act, and shall have functions similar to those of a correctional official in charge of a prison: (c) for the purposes of section 80 of this Act and section 340 of the Criminal Procedure Act. 1977 (Act No. 51 of 1977). have functions similar to those of the Head of a Prison: (d) in cases of urgency and subject to such orders as the Controller may :i\, e. authorize the temporary application of the measures contenl- 1 plated in section 20C( 1 )(c) if he reasonably believes that dela! in obtaining such authorization would defeat the object of section QOC( I )(c): and 20 25 3(I (e) have the functions of a custody ofhcial in terms of section 20F. ”. Insertion of section 20F in Act 8 of 1959 - 7 Verify source ↗
The following section is inserted in the principal Act after section 20E:
AI-assisted research summary: The Contractor must appoint custody officials, and employees may not do custodial duties unless certified by the Commissioner.
7. The following section is inserted in the principal Act after section 20E: 35 “Appointment of custody officials 20F. ( 1 ) The Contractor shall appoint custody officials to perform custodial duties. (2) No employee of the Contractor shall perform custodial duties unless he is certified as a custody official by the Commissioner. 40 (3) A custody official shall be certified b~ the Commissioner on]} if he satisfies the prescribed qualifications. level of training and competency. 1 () No. 18516 Act NO. 102, 1997 GOVERNMENT GAZETTE. 19 DECEMBER 1997 CORRECTIONAL SER\rICES AMENDMENT ACT. } 997 (4) The Commissioner shall keep a register, to be known as the register of custody officials, containing- the full names and identity number of each custody official. who has been certified to perform custodial duties; (b) particulars of each custody otlcial whose certification has either been 5 suspended or revoked; (c) such further particulars as the Commissioner may deem necessary. (5) (a) The certification of any custody official maybe suspended by the Director— (i) pending trial for any criminal offence: (ii) pending any disciplinary hearing into a charge of misconduct arising from. or in connection with. the performance of his duties: or (iii) pending any investigation into his fitness or competenc~ to perform custodial duties. (17/ The power to suspend a custod) oflicial”s certification may only be exercised if the otllcial concerned received notification thereof and was given an opportunity to make representations in respect of the proposed suspension. (c) The Controller shall notify the Commissioner in writing of the decision to suspend the certification of a custody official. (6) (a) The Commissioner ma]. after he has been informed of the suspension— (i) lerminate the suspension of a custody official at m] time; or (ii) revoke the certification of a custody ofiicial. (b) The power to revoke a custody official’s certification may only be exercised— (i) after the custody official concerned— (au) has been convicted of any criminal offence: (bb) has been found guilt} of misconduct relating to, or in connection with, custodial duties; (cc) has been found, pursuant to an investigation into his fitness or competency to perform custodial duties. not to be a fit and proper person to perform such duties: (c/d) has failed to perform his ofilcial duties for a period of six months: and (ii ) if the official concerned recei led notification and was given an opportunist} to make written representations in respect of the proposed revocation.”. 10 15 20 25 30 15 Insertion of section 20G in Act 8 of 1959 - 8 Verify source ↗
The following section is inserted in the principal Act after section 20F:
AI-assisted research summary: Custody officials must prevent prisoner escape, stop and report unlawful acts by prisoners, maintain order and discipline, and carry out other lawful duties assigned under the contract or law.
8. The following section is inserted in the principal Act after section 20F: 40 “Powers and duties of custody officials 20G. ( 1 ) (a) A custody official shall— (i) prevent the escape of any prisoner from lawful custody; (ii) prevent. or detect and report the commission or attempted commis- sion, by any prisoner. of any unlawful act; (iii) ensure good order and discipline; (IV) if authorized thereto under a contract. keep in custody and escort any prisoner within and outside a contracted out prison or an) hospital. court, or any other prison or place to which such prisoner is lawfull~) required to be conveyed and handed over under this Act; and ( v ) perform any other dut> lawfully assigned to him under the contract 50 or according to the lau. 12 No, 18516 Act No. 102, 1997 GOVERNMENT G.4ZE’lTE. - 19 Verify source ↗
DECEMBER 1997
AI-assisted research summary: Custody officials may use force and search people in prison, but force must be minimal and proportionate, firearm use is controlled, and certain uses must be reported.
19 DECEMBER 1997 CORRECTIONAL SERVICES AMENDMENT ACT. 1997 (b) In performing the custodial duties referred to in paragraph (a), every custody official shall also have the power, subject to the limitations and restrictions contained in this Act and those contained in any other law. to use force to perform those duties. (c) In the event of a custody official using force, only the minimum degree of force may be used and such force must be proportionate to the objective sought to be achieved. (d) A custody otlicial shall only use force when authorized thereto by the Director. unless the custody official reasonably believes that the Director would necessarily authorize the use of force and that the delay in obtaining such authorization would defeat the objective. (e) Any custody official who uses force without the prior authorization of the Director shall report this to the Director as soon as reasonably practicable. 5 10 (f) The Director shall upon receiving such report, without delay notify 15 the Controller thereof. (2) (a) Subject to such conditions as the Commissioner may impose. the Director may authorize a custody official to be armed with a firearm. (b) The Director may only grant such authorization to a custody oflicial who has specifically} been trained in the use of that particular firearm, (c) Subject to the provisions of subsection (1), a custody official authorized to be armed with a firearm may use the firearm whenever it is necessa~ to prevent the escape of any prisoner or for the defence of himself or any other person. (d) A cus[ody official shall report the use of a firearm to the Director, whether or not it was discharged. (e) The Director shall. upon receiving such report, without dela} notify the Controller thereof. (3) The provisions of subsections(1)(b) to (f) and (2) shall apply. with the necessary changes required by context, to all weapons other than firearms. (4) (a) A custody official performing custodial duties shall also have the power to— ( i ) seal”ch. in accordance with this ACL any prisoner who is confined in such prison, or who is temporarily outside such prison or is being conveyed in the circumstances contemplated in subsection ( 1 )(a)(iv); and (ii ) search any other person who is in or is seeking to enter the prison. and any article in the possession of such person. (b) The power conferred by paragraph ( a)(ii ) shall not be construed as authorizing a custody official to require a person to remove any of his clothing other than an outer coat. jacket, gloves or footwear. (5) A custody official shall. for the purposes contemplated in the proviso to section 82. be deemed to be a correctional official designated b! the Commissioner to perform the functions referred to in that proviso.”. Insertion of section 20H in Act 8 of 1959 - 9 Verify source ↗
The following section is inserted in the principal Act after section 20G:
AI-assisted research summary: The contractor must employ and appoint enough registered medical practitioners and other staff to carry out the services and functions required under the contract.
9. The following section is inserted in the principal Act after section 20G: “Appointment of medical officer and other staff 20 ~5 )0 15 10 45 20H. (1) The Contractor shall employ and appoint as many registered medical practitioners and other staff as may be expedient to render the services and perform the functions required under a contract. 50 14 N(), 1851(> Act ho. 102.1997 GOVERNMENT GAZETTE. I Y DECEMBER 1997 CC) RRECTIONAL SERVICES AMENDMENT ACT. 1997 (2) Every medical officer so appointed shall be regarded as a medical off]cer for the purposes of section 6. and have such functions as are conferred on or assigned to such a medical off]cer bv or under this Act.”. Insertion of section 201 in Act 8 of 1959 - 10 Verify source ↗
The following section is inserted in the principal Act after section 20H:
AI-assisted research summary: Employees of the Contractor, and subcontractor employees where subcontracting is allowed, must keep matters learned in their work secret unless one of the listed disclosure exceptions applies.
10. The following section is inserted in the principal Act after section 20H: “Preservation of secrecy 201. ( 1 ) Every employee of the Contractor and. if the right to subcontract exists. any employee of the subcontractor. shall preserve and aid in preserving secrecy with regard to all matters that may come to his !inov ledge in the performance of his duties. unless the employee concerned i s— (~{) reasonabl! obliged to disclose any such matter in the course of his dut); (bj authorized b} the Commissioner to disclose any such matter; ~c} obliged under the provisions of an} iaw to disclose such matter: or ~d) directed by a court of law to disclose any such matter. (2) Any person who contravenes the provisions of subsection ( 1 ) shall be guiltj of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.”. Insertion of section 20J in Act 8 of 1959 - 11 Verify source ↗
The i’ollowing section is inserted in the principal Act after section 201:
AI-assisted research summary: In an emergency at a contracted-out prison, the Minister may appoint a Temporary Manager and must notify the Contractor, Director, and Controller after appointment or termination.
11. The i’ollowing section is inserted in the principal Act after section 201: 6’Minister’s powers in emergency at contracted out prisons ~OJ. ( ] ) ((, ) ]f— (i) the Director has lost. or is iikel) to lose. etiective control of [i contracted out prison or an> part of it: and 10 15 20 25 (ii ) it is necessar). in the interest of preserving the safety of any person or of preventing serious damage to any property, to secure effective control of such prison or such part of tt. the Minister ma) appoint a Temporary Manager to act as the head of that prison for such period as he may deem necessary. 30 (b) The period referred to in paragraph (a) shall— (i) commence at the time specified in the Temporar! Manager’s written notice of appointment: and (ii ) terminate at the time specified in the Temporary Manager’s written notice of temlination of such appointment. ~iil (111) (c) During the period referred to in paragraph (b)— (i) aIl the functions which would otherwise be performed b! the Director shall be performed by the Temporary Manager: the Contractor and, if the contract so authorizes. any subcontractor. shall do ail that is possible to facilitate the performance by the Temporary Manager of those functions; and the custod) otlicials and the Contractor’s other staff. including the staff of an} subcontractor. employed at the prison shall comply with an}’ directions given b~ the Temporary Manager in the performance of those functions. (d) AS soon as practicable after making or terminating the appointment of the Ternporar! Manager. the Minister shall give notice of appointment. or notice of termination. to the Contractor. the Director and the Controller.”. 35 40 45 I 6 No. 1851(> GOVERNMENT GAZETTE. 19 DECEhlBER 1997 Act NO. 102.1997 CORRECTIONAL SERVICES AkfENDMENT ACT. 1997 Insertion of section 20K in Act 8 of 1959 - 12 Verify source ↗
The following section is inserted in the principal Act after section 20J:
AI-assisted research summary: This provision inserts a new section about how references to the Department and correctional officials apply to contractors and custody officials in certain instances.
12. The following section is inserted in the principal Act after section 20J: “Reference to Department and correctional officials to apply to Contractor and custody officials in certain instances - 20K Verify source ↗
In sections 31,42. 42A. 44(1 )(a)(ii). 45.46.47. 49(3). 50.77.87. 5
AI-assisted research summary: In the listed sections, references to the Department or a correctional official are read to include the Contractor and a custody official.
20K. In sections 31,42. 42A. 44(1 )(a)(ii). 45.46.47. 49(3). 50.77.87. 5 94( 1 )(a). (R) and (i). and 94(2). references to the Department or a correctional official. or to both the Department and such official. as the case may be. shall be construed to refer to and include the Contractor and a custody official.”. Substitution of section 25 of Act 8 of 1959. as amended by section 5 of Act 58 of 1978 10 - 13 Verify source ↗
The following section is substituted for section 25 of the principal Act:
AI-assisted research summary: An Independent Inspectorate called the Judicial Inspectorate is established under an Inspecting Judge.
13. The following section is substituted for section 25 of the principal Act: “Establishment of Judicial Inspectorate ZS. ( I ) An Independent Inspectorate called the Judicial Inspecloratc. is hereby established under the control of an Inspecting Judge. (2) The object of the Judicial Inspectorate shall be to facilitate the inspection of prisons in order to report on the treatment of prisoners and conditions in prisons.”. Insertion of section 25A in Act 8 of 1959 - 14 Verify source ↗
The following section is inserted in the principal Act after section 25:
AI-assisted research summary: The President must appoint an Inspecting Judge who meets the stated judge-status requirements.
14. The following section is inserted in the principal Act after section 25: “Inspecting Judge 15 20 25A. ( 1 ) The President shall appoint the Inspecting Judge who shall be— (a) a judge of the High Court who is in active service as defined in section 1 ( 1 ) of the Judges Remuneration and Conditions of Employment Act. 1989 (Act No. 88 of 1989); or (b) a judge who has been discharged from active service in terms of 25 section 3 of the said Act. (2) The Inspecting Judge in active service shall be seconded from the Supreme Court of Appeal or the High Court to which the Inspecting Judge was appointed and shall hold office as such during the period of active service or until the Inspecting Judge requests to be released to resume judicial duties. (3) The Inspecting Judge shall continue to receive the salary. allowances. benefits and privile~es at~ached to his office as a judge.”’. 30 1 Insertion of section 25B in Act 8 of 1959 - 15 Verify source ↗
The following section is inserted in the principal Act after section 25A:
AI-assisted research summary: The Inspecting Judge may appoint legally qualified or penologically experienced assistants, who have the same functions as the Inspecting Judge and remain under the Inspecting Judge’s authority and control.
15. The following section is inserted in the principal Act after section 25A: “Appointment of Assistants 25B. ( 1 ) The Inspecting Judge may, from time to time, appoint one or more legally qualified persons or persons with penological background to assist him in the performance of his duties. (2) Such Assistants shall have the same functions as the Inspecting Judge, but shall be under the authority and control of the Inspecting Judge. (3) The salary and conditions of service of Assistants shall be determined by the Inspecting Judge in consultation with the Director-General of the Department of Public Service and Administration.”. 35 40 Is No. 18S16 GOVERNMENT GAZETTE. t 9 DECENIBER 1997 Act NO. 102, 1997 CORRECTIONAL SERVICES AMENDMENT ACT. 1997 Insertion of section 25C in Act 8 of 1959 - 16 Verify source ↗
The following section is inserted in the principal Act after section 25B:
AI-assisted research summary: Retired judges appointed as Inspecting Judges have their service counted under the Act, and certain retired judges’ pay is set by the Minister of Justice or by agreement.
16. The following section is inserted in the principal Act after section 25B: “Conditions of service of retired judges 25C. ( 1 ) Should an appointed judge be a judge retired from active ser~rice in terms of section 3(1)(a) of the Judges Remuneration and Conditions of 5 Employment Act. 1989 (Act IYo. 88 of } 989). any period of service as Inspecting Judge shall be reckoned as service performed in terms of section 7(1 ) of the said Act and the provisions of subsections (3) and (6) thereof shall apply to such appointment. (2) Should the appointee be a judge retired from active service in terms of section 3( 1 )(b). (c) or (d) of the said Act. the remuneration payable to such appointee shall be determined by the Minisler of Justice or as agreed with the prospective appointee.”. Insertion of section 25D in Act 8 of 1959 - 17 Verify source ↗
The following section is inserted in the principal Act after section 25C:
AI-assisted research summary: This section inserts a new section into the principal Act after section 25C; the visible text is only a fragment beginning “Inspectors and staff”.
17. The following section is inserted in the principal Act after section 25C: 10 15 “’Inspectors and staff - 25 Verify source ↗
D. ( 1 ) The Inspecting Judge shall appoint inspectors. a secretar\ and
AI-assisted research summary: The Inspecting Judge must appoint inspectors, a secretary, and any other needed staff.
25.D. ( 1 ) The Inspecting Judge shall appoint inspectors. a secretar\ and such other staff as are required to enable the Inspecting Judge to perform the assigned functions. (2) Such employees. if not correctional officials. shall for administrative purposes be designated as correctional officials seconded m the Judicial Inspectorate. but shall be under the control and authority of the Inspecting Judge. (3) The salary and conditions of service of an employee shall be determined by the Inspecting Judge in accordance with the Public Service Act. 1994 (Proclamation 103 of 1994). and after consultation with the Director-General of the Department of Public Service and Administra- tion.”. Insertion of section 25E in Act 8 of 1959 - 18 Verify source ↗
The following section is inserted in the principal Act after section 25D:
AI-assisted research summary: The Inspecting Judge must inspect prisons, handle only certain complaints, report on inspections, and send an annual report to the President and Minister.
18. The following section is inserted in the principal Act after section 25D: 30 “Functions of Inspecting Judge 25E. ( 1 ) The Inspecting Judge shall inspector arrange for the inspection of prisons in order to report on the treatment of prisoners and conditions in prisons. (2) The Inspecting Judge shall only receive and deal with the complaints submitted by the National Adviso~ Council. the Minister, the Commis- sioner, or a Visitors’ Committee and. in cases of urgency. from the Independent Prison Visitor. (3) The Inspecting Judge shall submit a report on each inspection to the Minister and to such other persons as the Inspecting Judge. in consultation with the Minister. considers appropriate. (4) (a) The Inspecting Judge shall submit an annual report to the President and the Minister. (b) The report shall be tabled in Parliament by the Minister. (5) The Inspecting Judge shall conduct such investigations as the Inspecting Judge considers necessary to carry out proper inspections and to submit proper reports, and— (a) for this purpose the Inspecting Judge may make an enquiry and hold any hearing; 35 40 45 I 20 N{]. 18516 Act NO. 102.1997 GOVERNMENT GAZETTE, 19 DECEMt3ER 1997 CORRECTIONAL SERVICES AMENDMENT ACT. 1997 (b) for the purposes of such a hearing. sections 3. 4 and 5 of the Commissions Act. 1947 (Act No. 8 of 1947). shall apply as if the Inspecting Judge and the secretary of the JudiciaJ Inspectorate were the-chairperson and secretary of a commission. respectively. (6) The Inspecting Judge may delegate any of his functions to inspectors, except where a hearing is to be conducted by the Inspecting Judge personally. (7) The Inspecting Judge may appoint persons with appropriate qualifications from outside the Public Service to assist in any specialised aspect of inspection or investigation at a rate of remuneration determined in accordance with the Public Service Act. 1994 (Proclamation 103 of 1994), and after consultation with the Director-General of the Department of Public Service and Administration. (8) The Inspecting Judge may make such rules. not inconsistent with this Act. as are considered necessary or expedient for the efficient functioning of the Judicial Inspectorate. ”. 5 10 15 Insertion of section 25F in Act 8 of 1959 - 19 Verify source ↗
The following section is inserted in the principal Act after section 25E:
AI-assisted research summary: This section inserts a new section titled “The Expenses of Judicial Inspectorate” after section 25E.
19. The following section is inserted in the principal Act after section 25E: “The Expenses of Judicial Inspectorate - 25F Verify source ↗
The Department shall be responsible for all the expenses of the
AI-assisted research summary: The Department must be responsible for all the expenses of the Judicial Inspectorate.
25F. The Department shall be responsible for all the expenses of the 20 Judicial Inspectorate. ”. Insertion of section 25G in Act 8 of 1959 - 20 Verify source ↗
The following section is inserted in the principal Act after section 25F:
AI-assisted research summary: The Inspecting Judge must appoint one or more Independent Prison Visitors for every prison, after calling for nominations and consulting community organisations.
20. The following section is inserted in the principal Act after section 25F: “Appointment of Independent Prison Visitors 25G. ( 1 ) The Inspecting Judge shall. after publicly calling for nomina- tions and consulting with community organisations. appoint one or more Independent Prison Visitors for every prison. (2) An Independent Prison Visitor shall hold office for such period as may be determined by the Inspecting Judge. (3) The Inspecting Judge ma) at any time suspend or terminate the services of the Independent Prison Visitor if valid grounds exist.”. 25 30 Insertion of section 25H in Act 8 of 1959 - 21 Verify source ↗
The following section is inserted in the principal Act after section 25G:
AI-assisted research summary: This section sets out how Independent Prison Visitors must handle prisoner complaints, how prison oversight committees operate, and how internal service evaluations are to be carried out.
21. The following section is inserted in the principal Act after section 25G: “Functions of Independent Prison Visitor 25H. ( 1 ) The Independent Prison Visitor shall deal with the complaints of 35 individual prisoners or groups of prisoners— (a) by visiting prisons regularly: (b) by interviewing individual prisoners or groups of prisoners in private; (c) by recording complaints in an official diary and monitoring the manner in which they have been dealt with: and (d) by discussing complaints with the Head of the Prison, or the relevant subordinate correctional official. with a view to resolving the issues internally. (~) An Independent Prison Visitor shall. in the exercise and performance of such powers. functions and duties. have access to any part of the prison and to any document or record. 40 45 1? -- No. 1S516 Act No. 102.1997 GOVERNMENT GAZETTE. 19 DECEMBER 1997 CORRECTIO\A1. SERVICES AhlENDhltXTACT. 1997 (3) The Head of the Prison shall take all measures to assist the independent Prison Visitor in the exercise md performance of the conferred or assigned powers. functions and duties. (4) The Independent Prison Visitor shall report arly unresolved complaint to the Visitors’ Committee and may. in cases of urgency. refer such complaint to the Inspecting Judge. (5) The Inspecting Judge may. by rules. or on the appointment of an Independent Prison Visitor. in the letter of appointment specify the number of visits to the prison over a stated period of time and the minimum duration of a visit, or any other aspect of the work of the Independent Prison Visitor. (6) Each Independent prison Visitor shali submit a quarterly report to the Inspecting Judge stating. among other things. the duration of visits. the number and nature of complaints dealt with. and the number and nature of the complaints referred to the relevant Visitors’ Committee. (7) The Minister may. on the recommendation of the Department of Public Service and Administration and with the concumence of the Minister of Finance. determine remuneration and allowances to be paid to Independent Prison Visi[ors who are not in the fill-time ser\ice of the State.”. Insertion of section 251 in Act 8 of 1959 ~~. The follow,lng sec[ioll is inser[ed in the principa] Act af[er section ~5H: “visitors’ Committee ~jI. ( I ) The Inspecting Judge shall establish a Visitors’ Committee fOr each management area consisting of the Independent Prison Visitors appointed for prisons in that area. [2.) A Visitors’ Committee shall mee[ a[ leasl quarterly. ( 3 ) The functions of a Visitors’ ~ommittee are to—— (~[) consider unresol\’ed compl:iints with a 17ie\~ to their resolution: (b) submit to the Inspecting Judge those complaints which the Committee cannot resolve: (c) organise the schedule of visits: ~ d) extend and promote the comtnunit! “s interest and involvement in correctional matters: and ((J) submit minutes of its meetings to the Inspecting Judce. ”. Insertion of section 25J in Act 8 of 1959 z3. The fo]]~\vin~ section is inserted in the principal Act afte]” section ~~1: “Internal service evaluation ~5J. ( 1 ) An intema[ ser\i~e e~a{ua[ion shal] be conducted b\’ the Commissioner to promote the economical and eficient management of the Department and to ensure that the objects and principles of this Act are met. (2) A service evaluation shall at regular intervals assess the soundness. adequacy and effectiveness of internal control at national and provincial le\el. individual prisons and community corrections. and in that re.gard— evaluate whether the departmental operations are conducted effec- (n) tively; review the reliability of financial. operational and management information: ascertain whether departmental assets and interests are controlled and safeguarded from losses; evaluate effective utilisation of human and other resources; (17) (c) (d) 5 10 15 25 30 35 40 45 50 24 No. 1851(> Act No. 102.1997 GOVERNMENT GAZETTE. 19 DECEMBER 1997 CORRECTIONAL SERVICES AMENDMENT ACT. 1997 (e) monitor whether established objectives and goals for programmed are achieved: and (f) suggest measures to combat theft, fraud, corruption and any other dishonest practices. (3) The Commissioner shall establish appropriate mechanisms for the 5 execution of an internal service evaluation function. (4) A report on the process of internal service evaluation and on the results of the internal service evaluation shall be included in the annual report of the Commissioner to Parliament. (5) The Commissioner shall send a copy of an internal service evaluation 10 to the Inspecting Judge if he so requests.”. Short title and commencement - 24 Verify source ↗
This Act shall be called the Correctional Services Amendment Act. 1997. and shall
AI-assisted research summary: This Act is called the Correctional Services Amendment Act, 1997, and it starts when the President fixes a commencement date by proclamation in the Gazette.
24. This Act shall be called the Correctional Services Amendment Act. 1997. and shall come into operation on a date fixed by the President by proclamation in the Ga:etre.
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