South Africa Act or statute

Parliament of the Republic of South Africa

Correctional Services Second Amendment Act, 1996

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Jurisdiction: South Africa
Structure: 40 provisions
Citation: Act 79 of 1996
Dates: updated 20 Nov 1996

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Dates: updated 20 Nov 1996

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“This provision amends several definitions in Section 1 of the principal Act.”

This provision amends several definitions in Section 1 of the principal Act. This section amends subsection 5(I) so the Department of Correctional Services consists of correctional officials appointed in accordance with section 8 and the regulations, and it repeals section 4. This provision repeals section 4A of the principal Act. Section 4B of the principal Act is repealed. A correctional board must be made up of members the Minister considers appropriate, and the Minister must from time to time appoint a correctional official as the board’s chairman.

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Section 1 of the Correctional Services Act, 1959 (hereinafter referred to as the

This provision amends several definitions in Section 1 of the principal Act.

Section 1

The following section is hereby substituted for section 9A of the principal Act:

Correctional officials covered by this section are entitled to salary or wages, allowances, or expense reimbursement, except where they agreed to receive no remuneration.

Section 12

Notwithstanding the provisions of this Act the Commissioner may,

The Commissioner may summarily discharge a commissioned officer or senior official from the Department, and must do so if ordered by the State President.

Section 13A

Section 49 of the principal Act is hereby amended-

People who help hand over a prisoner and incur expenses may be paid reasonable expenses and a reward set by the Commissioner; rewards to correctional officials or police members need exceptional circumstances.

Section 29

Section 27 of the Correctional Services Amendment Act, 1993, is hereby repealed .

Section 27 of the Correctional Services Amendment Act, 1993 is repealed.

Section 40

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Showing 40 of 40 provisions

Substitution 23Repeal 15CommencementShort title

§ 1Section 1 of the Correctional Services Act, 1959 (hereinafter referred to as theSubstitution

This provision amends several definitions in Section 1 of the principal Act.

1. Section 1 of the Correctional Services Act, 1959 (hereinafter referred to as the principal Act), is hereby amended- 10 (a) by the deletion of the definitions of .. commissioned officer" and "reserve force"; · (b) by the substitution for the definition of "correctional official" of the following definition: " 'correctional official' means a [member of the Department] correc- 15 tiona) official referred to in section 2(1), 7 or 9 or any person appointed , under section [84C(a)] 84C(l);"; (c) by the substitution for the definition of "Public Service" of the following definition: · · · , " 'Public Service'.means the public service referred to in section 7 of the 20 Public Service Act, [1984 (Act No. 111 of 1984)] 1994 (Proclamation · No. 103 of 1994);"; and (d) by the insertion before the definition of "State patient" of the following · definition: 4 No. 17591 · GOVERNMENT GAZETTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECfi0NALSERVICE5 SECONDAMENDMENTACT,I996 " 'senior official' means a correctional official on or above the post level of senior correctional officer;''. Amendment of section 2 of Act 8 of 1959, as substituted by section 2 of Act 122 of 1991

Section 1Verify source

§ 2Section 2 of the principal Act is hereby amended by the substitution for subsection 5Repeal

This section amends subsection 5(I) so the Department of Correctional Services consists of correctional officials appointed in accordance with section 8 and the regulations, and it repeals section 4.

2. Section 2 of the principal Act is hereby amended by the substitution for subsection 5 (I) of the following subsection: · "(I) There shall be a department to be styled the Department of Correctional Services, consisting of [members who shall be known as] correctional officials and who[- ( a) have been appointed as commissioned officers under section 4; (b) have been appointed as members, other than commissioned officers, . I 0 under section 8; and (c) are members of the reserve force in terms of section 9B] have been appointed in accordance with section 8 on the post levels as set out in the regulations.". 15 Repeal of section 4 of Act 8 of 1959, · · 3. Section 4 of the principal Act is hereby repealed. • · Repeal of section 4A of Act 8 of 1959

Section 2Verify source

§ 4Section 4A of the principal Act is hereby repealed.Repeal

This provision repeals section 4A of the principal Act.

4. Section 4A of the principal Act is hereby repealed. Repeal of section 4B of Act 8 of 1959

Section 4Verify source

§ 5Section 4B of the principal Act is hereby repealed.Repeal

Section 4B of the principal Act is repealed.

5. Section 4B of the principal Act is hereby repealed. Amendment of section 5 of Act 8 of 1959, as substituted by section 5 of Act 122 of 1991

Section 5Verify source

§ 6Section 5 of the Principal Act is hereby amended by the substitution for subsectionSubstitution

A correctional board must be made up of members the Minister considers appropriate, and the Minister must from time to time appoint a correctional official as the board’s chairman.

6. Section 5 of the Principal Act is hereby amended by the substitution for subsection (3) of the following subsection: 20 25 "(3) (a) A correctional board shall consist of such number of members, who may be [members and non-members] correctional officials and persons who are not in the service of the Department, and who, in the latter case, will be able to contribute to that board's functions, as the Minister may think fit. (b) The Minister shall from time to time designate a [member of the 30 Department] correctional official who serves on a correctional board, as chairman of that board.". · · Amendment of section 5B of Act 8 of1959, as inserted by section 3ofAct 65 of1982 and substituted by section 7 of Act 122 of1991 and amended by section 3 of Act 135 of 1993 · ' 35

Section 6Verify source

§ 7Section 5B of the Principal Act is hereby amended by the substitution forSubstitution

This section amends section 5B by replacing two job-description paragraphs with new wording.

7. Section 5B of the Principal Act is hereby amended by the substitution for paragraphs (d) and (e) of subsection (I) of the following paragraphs: "(d) a member of the South African Police Service of or above the rank of [brigadier] director; - - - (e) a [member of the Department of] correctional official on or above the 40 [rank of brigadier] post level of director;". Amendment of section 5C of Act 8 of 1959, as inserted by section 4 of Act 68 of 1993 and amended by section -15 of Act 135 of 1993 ' .

Section 7Verify source

§ 8Section 5C of the Principal Act is hereby amended by the substitution in subsectionSubstitution

This provision amends the wording for how a parole board is to be made up, and gives the Commissioner power to determine the number of members.

8. Section 5C of the Principal Act is hereby amended by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: · 45 "A parole board shall consist of so many members, who may be [members or . non-members] correctional officials and persons who are not in the service of the Department, as the Commissioner may determine and of whom-". · 6 No. 17591 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECfiONAL SERVICES SECOND AMENDMENT ACT, 1996 Amendment of section 7 of Act 8 of 1959, as substituted by section 5 of Act 68 of 1993

Section 8Verify source

§ 9Section 7 of the Principal Act is hereby amended by the substitution for subsectionSubstitution

The Commissioner may appoint certain people as temporary or voluntary correctional officials to work with prisoners or probationers.

9. Section 7 of the Principal Act is hereby amended by the substitution for subsection (I) of the following subsection: (I) Apart from [commissioned officers appointed under section 4(1) and 5 members of the Department appointed under section 8] correctional officials who hold posts as chaplains, psychologists, social workers or educationists on the fixed establishment of the Department, the Commissioner may from time to time appoint, as temporary [correctional officials] or voluntary [workers] correctional officials, one or more ministers of religion, psychologists, social workers, 10 educationists or other suitable persons, to render such services and to perform such. functions, in respect of any prisoner or group of prisoners or on behalf of a probationer, as the Commissioner may determine.". Substitution of section 8 of Act 8 of 1959, as amended by section 2 of Act 58 of 1978

Section 9Verify source

§ 10The following section is hereby substituted for section 8 of the principal Act:Substitution

The Commissioner appoints correctional officials under a written agreement, and may discipline or dismiss them in certain cases.

10. The following section is hereby substituted for section 8 of the principal Act: 15 "Appointment and dismissal of correctional officials 8. (I) Every [member of the Department other than a commissioned officer,] correctional official shall be appointed by the Commissioner under an agreement in writing incorporating the period and the conditions of his service. 20 (2) The Commissioner may, subject to the provisions of this Act, suspend, reprimand, discharge or retire any [such member] correctional official or reduce him in [rank] post level or in seniority in [rank] post level. --"(:3) Any [member of the Department] correctional official who in or in 25 connection with his application for employment in the Department wilfully made any false statement, shall be liable to dismissal without notice.". Substitution of section 9 of Act 8 of 1959, as amended by section 2 of Act 4 of 1972 and sections 8 and 32 of Act 122 of 1991

Section 10Verify source

§ 11The following section is hereby substituted for section 9 of the principal Act:Substitution

The Commissioner, or a prison correctional official with the Commissioner’s approval, may appoint temporary correctional officials when needed for prisoner custody, transport, or other purposes.

11. The following section is hereby substituted for section 9 of the principal Act: 30 "Temporary correctional officials 9. (I) Whenever it is necessary for the safe custody or transport of any prisoner or for any other purpose, the Commissioner or, subject to the approval of the Commissioner, any [member of the Department] correctional official in charge of any prison, may appoint so many fit and 35 proper persons as may be deemed expedient to act as temporary [warders] correctional officials upon such conditions as may be prescribed by regulation. (2) Any [commissioned officer] senior official who has been retired on pension and who thereafter is appointed as a temporary [warder] 40 correctional official in terms of subsection (I), may be vested with the powers, functions and responsibilities of a [commissioned officer] senior official, and if he is so vested, he shall, subject to the conditions referred to in subsection (I), be deemed to be a [commissioned officer] senior official. (3) Every person, other than a person deemed to be a [commissioned 45 officer] senior official in term of subsection (2), shall, while acting as a temporary [warder] correctional official, be vested with the same powers, functions and responsibilities, perform the same duties and be subject to the same discipline and authority as a [member] correctional official appointed in [terms ol] accordance with section 8(1).". 50 8 No. 17591 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECTIONAL SERVICES SECOND AMENDMENT ACT, 1996 Substitution of section 9A of Act 8 of1959, as inserted by section 3 of Act 75 of1965 and substituted by section 3 of Act 4 of 1972 and amended by sections 9 and 32 of Act 122 of 1991

Section 11Verify source

§ 12The following section is hereby substituted for section 9A of the principal Act:Repeal

Correctional officials covered by this section are entitled to salary or wages, allowances, or expense reimbursement, except where they agreed to receive no remuneration.

12. The following section is hereby substituted for section 9A of the principal Act: "Remuneration or reimbursement for expenses of correctional officials 5 9A. (I) All [members of the Department, temporary] correctional officials, temporary and voluntary [workers] correctional officials referred to in section 84C and temporary [warders] correctional officials, other than [temporary warders] those who by agreement receive no remuneration for their services, shall be paid salaries or wages and allowances or I 0 reimbursement for expenses in accordance with the provisions of the Public Service Act, [1984 (Act No. 111 of 1984)]1994 (Proclamation No. 103 of 1994). (2) Temporary [warders] correctional officials who receive no remu neration for their services, shall not by reason of the fact that they receive 15 no such remuneration be regarded as not being in the service of the State.". Repeal of section 9B of Act 8 of 1959

Section 12Verify source

§ 13Section 9B of the principal Act is hereby repealed.Repeal

Section 9B of the principal Act is repealed.

13. Section 9B of the principal Act is hereby repealed. Repeal of section 9C of Act 8 of 1959

Section 13Verify source

§ 14Section 9C of the principal Act is hereby repealed.Repeal

This section repeals section 9C of the principal Act and refers to the repeal of section 9D of Act 8 of 1959.

14. Section 9C of the principal Act is hereby repealed. Repeal of section 9D of Act 8 of 1959

Section 14Verify source

§ 15Section 9D of the principal Act is hereby repealed.Repeal

Section 9D of the principal Act is repealed.

15. Section 9D of the principal Act is hereby repealed. Repeal of section 9E of Act 8 of 1959

Section 15Verify source

§ 16Section 9E of the principal Act is hereby repealed.Repeal

This section repeals section 9E of the principal Act and refers to repeal of section 9F of Act 8 of 1959.

16. Section 9E of the principal Act is hereby repealed. Repeal of section 9F of Act 8 of 1959

Section 16Verify source

§ 17Section 9F of the principal Act is hereby repealed.Repeal

Section 9F of the principal Act is repealed.

17. Section 9F of the principal Act is hereby repealed. 20 25 Amendment of section 9G of Act 8of1959, as inserted by section 6ofAct 68 of1993 and amended by section 6 of Act 135 of 1993

Section 17Verify source

§ 18Section 9G of the principal Act is hereby amended by the substitution for theSubstitution

The Commissioner decides appointments, promotions, and transfers of correctional officials, but promotions of senior officials at director level or above need the Minister’s approval.

18. Section 9G of the principal Act is hereby amended by the substitution for the words preceding paragraph (a) of the proviso and that paragraph of the following words 30 and paragraph: "Subject to the provisions of this Act, the Commissioner shall decide on the appointment of persons and the promotion and transfer of [members of the Department] correctional officials having regard to the personnel requirements of the Department prescribed under this Act: Provided that- (a) the promotion of a [commissioned officer ol] senior official on or above the [rank] post level of [brigadier] director shall be subject to the approval of the Minister;". 35 Amendment of section 12 of Act 8 of 1959, as amended by section 4 of Act 75 of 1965, section 10 of Act 62 of 1966, section 2 of Act 9 of 1971, section 3 of Act 58 of 40 1978, section 5 of Act 104 of 1983, section 4 of Act 92 of 1990, section 1 of Act 80 of 1992 and section 7 of Act 135 of 1993

Section 18Verify source

§ 19Section 12 of the principal Act is hereby amended by the substitution forSubstitution

A correctional official may be retired on pension only with written consent and if the Commissioner considers there is sufficient reason and it is to the advantage of the State.

19. Section 12 of the principal Act is hereby amended by the substitution for subsection (3)quat of the following subsection: 10 No. 17591 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 Act No. 79, 1996 . CORRECfiONAL SERVICES SECOND AMENDMENT ACf, 1996 "(3)quat Notwithstanding anything to the contrary in this section contained, a [member of the Department who has attained the age of fifty years] correctional official may, with his written· consent, be retired on pension[: . Provided that any member of the Department who has been retired in terms of this subsection, and feels aggrieved at this retirement, shall have the right of 5 appeal to the Minister] if in the opinion of the Commissioner sufficient reason · . exists for the retirement and it will be to the advantage of the State.". Substitution of section 13 of Act 8 of 1959, as amended by section 6 of Act 104 of 1983 and section 11 of Act 122 of 1991

Section 19Verify source

§ 20The following· section is hereby substituted for section 13 of the principal Act:Substitution

The Commissioner may discharge or demote certain correctional officials if they are found unfit, and the official may appeal to the Minister.

20. The following· section is hereby substituted for section 13 of the principal Act: I 0 "Discharge or reduction in post level of certain correctional officials 13. (I) (a) A [member of the Department] correctional official who is not a [commissioned officer] senior official, may be discharged from the service of the Department or be reduced in [rank] post level or in seniority in [rank] post level if, after enquiry in the manner prescribed by regulation, 15 the Commissioner is of opinion that he is unfit to remain in the service of the Department or to retain his [rank] post level or seniority in [rank] post level, as the case may be. ---"{ii) Notwithstanding the provisions of paragraph (a) the Commissioner may discharge such a [member] correctional official from the service of the 20 Department without such an enquiry if- (i) (ii) that [member] official is serving a sentence of imprisonment; that [member] official is convicted of any offence referred to in section 12, 14, 43, 44, 45,46 or 47; (iii) within a period of 24 months after the appointment of that [member] 25 official it appears to the Commissioner that he is unfit to remain in the service of the Department. (2) Any such [member of the Department] correctional official may, in the manner and within the period prescribed by regulation, appeal to the Minister against any order discharging him or reducing him in [rank] post 30 level or in seniority in [rank] post level, and in such event the Minister may confirm, set aside or alter such order or make such other order as to. him seems just.". Substitution of section 13A of Act 8 of 1959, as inserted by section 5 of Act 92 of 1990 and amended by section 15 of Act 135 of 1990 35

Section 20Verify source

§ 21The following section is hereby substituted for section 13A of the principal Act:Substitution

Section 13A of the principal Act is substituted with a section titled “Discharge of certain senior officials.”

21. The following section is hereby substituted for section 13A of the principal Act: "Discharge of certain senior officials

Section 21Verify source

§ 13ANotwithstanding the provisions of this Act the Commissioner may,Substitution

The Commissioner may summarily discharge a commissioned officer or senior official from the Department, and must do so if ordered by the State President.

13A. Notwithstanding the provisions of this Act the Commissioner may, and shall if ordered thereto by the [State] President, discharge a · [commissioned officer] senior official from the service of the Department 40 summarily if- . (a) that [commissioned officer] official is serving a sentence of impris onment; or that [commissioned officer] official is convicted of any offence referred to in section 12, 14, 43, 44, 45,46 or 47.". 45 (b) Substitution of heading to Chapter III of Act 8 of 1959

Section 13AVerify source

§ 22The following heading is hereby substituted for the heading to Chapter Jll of theSubstitution

This section substitutes a new heading for Chapter Jll of the principal Act.

22. The following heading is hereby substituted for the heading to Chapter Jll of the principal Act: "DUTIES OF [MEMBERS OF THE DEPARTMENT] CORRECTIONAL OFFICIALS IN RELATION TO THE RECEPTION OF PRISONERS AND THE 50 CARRYING OUT OF SENTENCES IN PRISONS". 12 No. 17591 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECTIONAL SERVICES SECOND AMENDMENT ACT, 1996 Amendment of section 27 of Act 8 of 1959, as amended by section 4 of Act 88 of 1977, section 6 of Act 58 of 1978, section 8 of Act 104 of 1983, section 7 of Act 135 of 1991 and section 10 of Act 68 of 1993

Section 22Verify source

§ 23Section 27 of the principal Act is hereby amended by the substitution in subsectionRepeal

The provision amends section 27 so a correctional official may take an unconvicted person into custody only if the person is accused of an offence and the required commitment warrant or signed police order is produced.

23. Section 27 of the principal Act is hereby amended by the substitution in subsection (2) for the words preceding paragraph (a) and paragraph (a) of the following words and paragraph: 5 "No [member of the Department] correctional official in charge of a prison referred to in subsection (I) shall receive any unconvicted person into his custody except- (a) in the case of a person accused of an offence, upon production to him of the 10 warrant of commitment of that person to prison or an order in writing signed by a member of the South African Police [Force] Service;". Repeal of section 36 of Act 8 of 1959

Section 23Verify source

§ 24Section 36 of the principal Act is hereby repealed.Repeal

This section repeals section 36 of the principal Act.

24. Section 36 of the principal Act is hereby repealed. Repeal of section 37 of Act 8 of 1959 15

Section 24Verify source

§ 25Section 37 of the principal Act is hereby repealed.Repeal

Section 37 of the principal Act is repealed.

25. Section 37 of the principal Act is hereby repealed. Substitution. of section 42A of Act 8 of 1959, as inserted by section 13 of Act 122 of 1991

Section 25Verify source

§ 26The following section is hereby substituted for section 42A of the principal ActSubstitution

This section substitutes section 42A of the principal Act, titled “Penalty for interference with correctional officials.”

26. The following section is hereby substituted for section 42A of the principal Act "Penalty for interference with correctional officials 20

Section 26Verify source

§ 42AAny person who resists or intentionally hinders or obstructs anySubstitution

A person must not resist, intentionally hinder, or obstruct a correctional official performing official powers, functions, or duties.

42A. Any person who resists or intentionally hinders or obstructs any [member of the Department or any] correctional official in the exercise of his powers or the performance of his functions or duties shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or. in default of payment, to imprisonment for a period not exceeding 12 months, 25 · or to such imprisonment without the option of a fine, or to both such fine and such imprisonment". Amendment of Section 44 of Act 8 of 1959, as substituted by section 6 of Act 88 of 1977 and amended by section 10 of Act 104 of1983, section 16 of Act 92 of1990 and section 2 of Act 80 of 1992 30

Section 42AVerify source

§ 27Section 44 of the principal Act is hereby amended by the substitution in subsectionSubstitution

The amendment covers a rule about loitering near prisons, places where prisoners may be held or work, and certain burials, and requires a person to leave if ordered by a correctional official or police officer.

27. Section 44 of the principal Act is hereby amended by the substitution in subsection (I) for subparagraph (ii) of paragraph (a) of the following subparagraph: "(ii) is found loitering within one hundred metres of any prison or any other place where prisoners may be for the purpose of imprisonment or labour or within one hundred metres of any burial referred to in section 35(4)(b) and 35 who fails to depart therefrom upon being ordered so to do by any [member of the Department] correctional official or a member of the South African Police [Force] Service;". Amendment of section 48 of Act 8 of 1959, as amended by section 1 of Act 54 of 1979 and section 2 of Act 173 of 1993 40

Section 27Verify source

§ 28Section 48 of the principal Act is hereby amended by the substitution in subsectionSubstitution

A person who helps a correctional official or another person to let a prisoner leave prison without lawful authority or by false pretences commits an offence and may be imprisoned for up to five years.

28. Section 48 of the principal Act is hereby amended by the substitution in subsection (I) for paragraph (d) and the words following paragraph (d) of the following paragraph and words: "(d) in any manner collaborates with a [member of the Department] correctional official or any other person, whether under the supervision of such [member] 45 correctional official or person or not, to leave the prison without lawful authority or under false pretences, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years [and, in addition, where the escape or attempt to 14 No. 17591 GOVERNMENT GAZETTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECflONAL SERVICES SECOND AMENDMENT ACf, 1996 escape was accompanied by any act of violence, such prisoner may be sentenced to undergo corporal punishment not exceeding seven strokes).", Amendment of section 49 of Act 8 of1959, as amended by section 4 of Act 9 of1971, section 10 of Act 58 of 1978 and section 15 of Act 135 of 1993 ·

Section 28Verify source

§ 29Section 49 of the principal Act is hereby amended-Substitution

29. Section 49 of the principal Act is hereby amended- (a) ·by the substitution for subsection (2) of the following subsection: 5 "(2) Any person who gives such information or who apprehends, secures and hands over or causes to be handed over to any [member of the Department] correctional official or a member of the South African Police [Force] Service any such prisoner, and has incurred any expense 10 in connection with the giving of such information or such apprehension, securing or handing over, may be paid his just and reasonable expenses and in addition such sum as a reward as the Commissioner may determine."; and (b) by the substitution for subsection (3) of the following subsection: 15 _ "(3) No payment of any sum as a reward shall be made under the authority of this section to any [member of the Department] correctional official or a member of the South African Police [Force] Service, unless, in the opinion of the Commissioner, such exceptional circumstances exist as to justify such payment being made.". 20 Substitution of heading to section 53 of Act 8 of 1959

Section 29Verify source

§ 30The following heading is hereby substituted for the heading to section 53 of theSubstitution

This provision replaces the heading for section 53 of the principal Act with “(ii) Trial by senior officials”.

30. The following heading is hereby substituted for the heading to section 53 of the principal Act - "(ii) Trial by [commissioned officers] senior officials". Substitution of section 53 of Act 8 of 1959, as amended by section 17 of Act 75 of 25 1965, section 4 of Act 4 of 1972, section 11 of Act 58 of 1978, section 4 of Act 22 of 1980 and section 21 of Act 92 of 1990

Section 30Verify source

§ 31The following section is hereby substituted for section 53 of the principal Act:Substitution

Senior officials may try certain correctional officials for alleged breaches of the Act and can impose limited penalties; the Commissioner can also review, alter, suspend, or restrict those decisions.

31. The following section is hereby substituted for section 53 of the principal Act: "Trial by senior officials of contraventions of Act by certain correc· tiona! officials 30 53. (I) Subject to the prov1s1ons of subsections (3) and (8), a [commissioned officer] senior official shall have jurisdiction to try at a prison or at a place designated by the Commissioner for the purpose, any [member of the Department (except a commissioned officer)] correc tional official or any temporary [warder] correctional official (eXCePt 35 another senior official) for any alleged contravention of or failure to comply with any provision 1of this Act (except any alleged contravention or non-compliance which is expressly declared or be an offence under this Act), whether such contravention or non-compliance is alleged to have taken place within or outside a prison. 40 (2) Subject to the provisions of subsection (8) a [commissioned officer] senior official shall, upon conviction of such [member] correctional official or temporary [warder] correctional official in respect of any such contravention or non-compliance, have jurisdiction- ( a) (b) to reprimand him; to deprive him in respect of any month of not .more than two of his off-days; or to impose a fine not exceeding R200, which fine may be recovered by deduction from his accrued or future [pay] salary in such instalments as may be determined by the Commissioner: Provided that that 50 [commissioned officer) senior official may suspend the payment of any fine so imposed, or any part of that fine, for a period not exceeding (c) 45 · - 16 No. 17591 GOVERNMENT GAZElTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECTIONAL SERVICES SECOND AMENDMENT ACT, 1996 · three years on any condition relating to good conduct or any other matter. (3) Any such [member of the Department] correctional official or temporary [warder] correctional official who is alleged to have contra vened or failed to comply with any provision of this Act, may be tried by the [commissioned officer] senior official under whose [command] control that [member] vfficial or temporary [warder] official is, or by any [commissioned officer] senior official deputed generally or specially thereto by the Commissioner. 5 (4) The trial referred to in subsection (I) shall be conducted in 10 accordance with the provisions of section 58 and the [commissioned . officer] senior official presiding over any such trial may summon witnesses to give evidence thereat and may administer an oath to or accept an affirmation from any such witness. (5) Any such [member] correctional official or temporary [warder] 15 correctional official who has been convicted by a [commissioned officer] senior official may in the manner and within the period prescribed by regulation, appeal to the Commissioner against the conviction and sentence,. and thereupon the Commissioner may confirm or quash the conviction and sentence or confirm or alter the conviction and set aside, 20 increase, reduce or otherwise alter the sentence as he deems necessary in the interests of justice. (6) In the event of an appeal under subsection (5), the execution of the sentence imposed in respect of the conviction which is the subject of the appeal, shall be suspended pending the Commissioner's decision on the 25 appeal. (7) Whenever any such [member] correctional official or temporary [warder] correctional official has been convicted and sentenced under this section, the Commissioner may, if he thinks fit, direct that the record of the proceedings in the case be submitted to him for review, and may thereupon 30 confirm or quash the conviction and sentence or confirm or alter the conviction and set aside; increase, reduce or otherwise alter the sentence as he deems necessary in the interests of justice. (8) The Commissioner may, if he deems it necessary, restrict in respect of any [commissioned officer] senior official the jurisdiction conferred on a 35 [commissioned officer] senior official by any provision of this Act. (9) In this section, unless the context otherwise indicates- 'any [member of the Department] correctional official'; and 'any temporary [warder] correctional official', · includes any person who, at the date of any alleged contravention of or 40 failure to comply with any provision of this Act (except any alleged contravention or non-compliance which is expressly declared to be an offence under this Act), whether such contravention or non-compliance is alleged to have taken place within or outside a prison, was such [a member ·or such a warder] an official or temporary official, as the case may be, on· 45 a post level below senior correctional officer.". Amendment of section 55 of Act 8 of 1959, as amended by section 49 of Act 70 of 1968, section 13 of Act 58 of 1978, section 4 of Act 65 of 1982, section 32 of Act 97 of 1986, section 22 of Act 92 of 1990 and section 10 of Act 135 of 1993

Section 31Verify source

§ 32Section 55 of the principal Act is hereby amended-Repeal

This section amends section 55 of the principal Act and repeals section 81A of Act 8 of 1959.

32. Section 55 of the principal Act is hereby amended- 50 (a) by the substitution in subsection (6) for subparagraph (iv) of paragraph (d) of the following subparagraph: "(iv) direct that the senior official be discharged, retired or reduced in post level as from a date fixed by the Minister."; and (b) by the deletion in subsection (6) of subparagraph (v) of paragraph (d). 55 Repeal of section 81A of Act 8 of 1959

Section 32Verify source

§ 33Section 81 A of the principal Act is hereby repealed.Repeal

Section 81 A of the principal Act is repealed.

33. Section 81 A of the principal Act is hereby repealed. 18 No. 17591 GOVERNMENT GAZETIE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECfiONAL SERVICES SECOND AMENDMENT ACT, 1996 Substitution of section 84Cof Act 8 of 1959, as inserted by section 28 of Act 122 of 1991 · 34. The following section is hereby substituted for section 84C of the principal Act: "Personnel 84C. (I) The Commissioner may appoint as many suitable persons who are not [members] in the service of the Department as he may deem necessary, on the conditions prescribed by regulation-'- ( a) to act as temporary correctional officials [in respect of probationers]; or to act as voluntary [workers] correctional officials, · (b) in respect of probationers. 5 10 (2) Every person shall, while acting as a temporary correctional official or voluntary [worker] correctional official referred to in subsection (I), be vested and charged with the same powers, functions and responsibilities, perform the same duties and be subject to the same discipline and authority 15 as any [member of the Department] correctional official appointed in accordance with section 8( I).". Substitution of section 88 of Act 8 of 1959, as amended by section 5 of Act 4 of 1972

Section 33Verify source

§ 35The following section is hereby substituted for section 88 of the principal Act:Substitution

This section substitutes a new section 88 about the establishment, conduct, and exemption from certain moneys for 20 prison canteens.

35. The following section is hereby substituted for section 88 of the principal Act: "Establishment, conduct and exemption from certain moneys, of 20 canteens at prisons

Section 35Verify source

§ 88I Canteens for the exclusive use or benefit of correctional officials,Commencement

Canteens for correctional officials may be established and run under regulations, and most licence moneys, tax, duty, or fees are not payable for them.

88. I Canteens for the exclusive use or benefit of correctional officials, their families and other persons or categories of persons prescribed by regulation, may be established and conducted on such conditions and in such manner as may be prescribed by regulation. 25 (2) No licence moneys, tax, duty or fee (other than customs or excise duties or value-added tax leviable by Jaw) shall be payable by any person in terms of any Jaw in respect of any canteen established under subsection (I). (3) The production of an official document bearing the signature of the Minister or of a person authorized by him to sign any such document and 30 indicating that he has certified the canteen shall be conclusive proof that it is a canteen as contemplated in subsection (I). · ( 4) For the purpose of this section- ( a) 'canteen' includes any mess for correctional officials or any institution of the Department or any premises temporarily or permanently used 35 for providing recreation, refreshment or necessaries for the exclusive use or benefit of correctional officials, their families and other persons or categories of persons prescribed by regulation; (b) any canteen which before the date of commencement of this section was certified by the Minister or any person authorized by him as 40 contemplated in subsection (3), shall be deemed to be a canteen established on the conditions and in the manner referred to in subsection(!)."; Amendment of section 93 of Act 8 of 1959, as amended by section 23 of Act 75 of 1965, section 51 of Act 70 of 1968, section 4 of Act 6 of 1985, section 30 of Act 122 45 of 1991 and section 25 of Act 68 of 1993

Section 88Verify source

§ 36Section 93 of the principal Act is hereby amended by the substitution forSubstitution

The Commissioner may delegate certain delegated powers to a designated senior official at or above deputy director level.

36. Section 93 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection: "(3) The Commissioner may delegate any of the powers delegated to [him] the Commissioner under subsection (I) to any other [commissioned officer ot] senior 50 official on or above the [rank] post level of [colonel] deputy director designated by [him] the Commissioner.". 20 No. 17591 GOVERNMENT GAZETTE. 20 NOVEMBER 1996 Act No. 79, 1996 CORRECfiONAL SERVICES SECOND AMENDMENT ACT, 1996 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 of1970, section 17 of Act 62 of1973, section 6 of Act 43 of1981, section 20 of Act 104 of 1983, section 46 of Act 97 of 1986, section 28 of Act 92 of 1990, section 31 of Act 122 of 1991, section 26 of Act 68 of 1993 and section 15 of Act 135 of 1993 5

Section 36Verify source

§ 37Section 94 of the principal Act is hereby amended-Substitution

This section amends Section 94 of the principal Act to update rules about correctional officials, searches, and how imprisonment and disciplinary measures are carried out.

37. Section 94 of the principal Act is hereby amended- (a) by the substitution in subsection (I) for subparagraph (i) of paragraph (b) of the following subparagraph: . "(i) the mode of appointment, the conditions of service; the promotion, . [the retention of rank on retirement,] the supply of uniforms, the 10 prohibition 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 Department] correctional officials, including temporary [warders] correctional officials and . the rates of remuneration or allowances, if any,. payable to 15 ministers of religion appointed under section 7;"; (b) by the deletion in subsection (I) of subparagraph (iii) of paragraph (b); (c) by the substitution in subsection (I) for paragraph (dA) of the following paragraph: "(dA) the appointment, conditions of service powers, functions and 20 duties of temporary correctional officials and voluntary [work ers] correctional officials referred to in section 84C;"; (d) by the substitution in subsection (I) for paragraph (i) of the following paragraph: "(i) the searching of prisoners and of [non-commissioned members 25 of the Department and of temporary_ warders] correctional officials who are not senior officials and of temporary correctional officials and of all quarters and other places within any prison occupied or frequented by such [members and temporary warders) officials and temporary officials and the seizure and 30 examination of any letter or communication addressed to or received by any such [member or temporary warder] official or temporary official;"; and (e) by the substitution in subsection (I) for paragraph (p) of the following paragraph: . _ . "(p) the manner in which sentences of imprisonment [corporal punishment] or any other sentences and any disciplinary meas ures imposed under section 54 are to be carried out;·:- Substitution of certain expressions in Act 8 of 1959

Section 37Verify source

§ 38The principal Act is hereby amended-:-Repeal

This provision amends the principal Act by replacing certain terms and repeals section 23 of the Prisons Amendment Act, 1978.

38. The principal Act is hereby amended-:- 35 40 (a) by the substitution wherever it appears for the expression "commissioned officer" of the expression "senior official"; · · (b) by the substitution wherever it appears for the expression "commissioned officers" of the expression "senior officials"; (c) by the substitution wherever it appears for the expression "member of the 45 Department" of the expression ''correctional official"; (d) by the substitution wherever it appears for the expression "members of the Department" or "members of Department" of the expression "correctional officials"; (e) by the substitution wherever it appears for the expression "temporary 50 warder" of the expression "temporary correctional official"; . (f) . by the substitution' wherever it appears for the expression "temimrary · warders" of the expression "temporary correctional officials"; (g) by the substitution wherever it appears for the expression "rank" of the expression "post level"; 55 (h) by the substitution wherever it appears for the expression "seniority in rank" of the expression "seniority in post level''; (i) by the substitution wherever it appears in sections 9G(d), l2(8)(b), 13B, 16, 17(1) and (2), 19(1), 26(2), 31, 41(c)(v), 50(2), 82(aa), 87(3) and 89 for the expression "member" of the expression "correctional official"; · 60 22 No. 17591 GOVERNMENT GAZElTE, 20 NOVEMBER 1996 Act No. 79, 1996 CORRECfiONAL SERVICES SECOND AMENDMENT ACT, 1996 .· (j) · by the substitution wherever it appears in sections 23(2) arid 55(2)(b), (5), (6)(a) and (d) for the expression ''officer•: or "an officer" of the expression '.'senior official"; . 1 (k) by the substitution where it appears in section 94(1)(x) for the expression · . "officers" of the expression "senior officials". Repeal or section 23 or Act 58 or 1978 . 39. Section 23 of the Prisons Amendment Act, 1978, is hereby repealed. Repeal or section 27 or Act 68 or 1993 . ..

Section 38Verify source

§ 40Section 27 of the Correctional Services Amendment Act, 1993, is hereby repealed .Short title

Section 27 of the Correctional Services Amendment Act, 1993 is repealed.

40. Section 27 of the Correctional Services Amendment Act, 1993, is hereby repealed . . Short title and commencement . 5 10 ,. . . ' - . . 41. This Act shall be called the Correctional Services Second Amendment Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.

Section 40Verify source

Legislative relationships

14 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Correctional Services Act, 1959
Section 1
Correctional Services Amendment Act, 1993
Section 40
Department prescribed under this Act
Section 18

N–S

9 instruments

of section 36 of Act
Section 23
of section 9C of Act
Section 13
of section 9E of Act
Section 15
principal Act
Sections 4, 6, 7, 8, 9, 14, 16, 24, 26, 32, 37
Prisons Amendment Act, 1978
Section 38
Public Service Act
Section 12
section 4. 2. Section 2 of the principal Act
Section 2
Section 44 of Act
Section 42A
State. 19. Section 12 of the principal Act
Section 19

T–Z

2 instruments

This provision replaces the heading for section 53 of the principal Act
Section 30
This section substitutes a new heading for Chapter Jll of the principal Act
Section 22

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