- Government
Gazette
14889
-
STATE
PRESIDENT'S
OFFICE
No.
1108.
-
25
June
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- NO.
68
OF
1993:
CORRECTIONAL
SERVICES
AMENDMENT
ACT,
1993. GENERAL
EXPLANATORY
NOTE:
-
Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words in
italics
indicate
insertions
in
existing
enactments.
-
ACT
-
- To
amend
the
Correctional
Services
Act,
1959,
so
as
to
define or
further
define
certain
expressions
and
to
delete
certain
definitions;
to
regulate
the
structure
of
institutional
committees
and parole
boards;
to
provide
for
the
utilization
of
experts
who are
not
members
of
the
Department;
to
regulate
the
promotion
and transfer
of
members;
to
provide
for
the
granting
of
monetary
or other
rewards
to
persons
who
are
not
members
of
the
Department
1 but
who
promote
the
interests
of
the
Department;
to
further
regulate
the
granting
and
withdrawal
of
prisoners'
privileges;
to regulate
the
earning
of
credits
by
prisoners;
to
provide
for
the recapture
of
prisoners
who
were
released
erroneously;
to
regulate
disciplinary
hearings
of
prisoners
by
institutional
committees;
to
define
the
powers,
functions
and
duties
of
correctional
boards, parole
boards,
institutional
committees
and
the
National
Advisory Council
on
Correctional
Services;
to
regulate
the
placement
of prisoners
on
parole;
to
define
the
powers
of
the
State
President and
the
Minister
with
regard
to
special
releases
and
remissions
of
sentence;
to
provide
for
special
measures
to
reduce
the
prison
population;
to
regulate
the
placement
on
parole
or
release
of prisoners
on
medical
grounds;
to
regulate
the
use
of
isolation cells;
to
authorize
the
payment
of
boarding
fees
by
prisoners
on daily
parole;
to
extend
the
power
of
the
Minister
to
delegate;
to provide
for
the
regulation
of
labour
relations
in
the
Department; and
to
empower
the
Minister
to
make
regulations
regarding
the general
administration
and
management
of
prisons,
the
manner
in which
certain
sentences
are
to
be
served
and
the
attendance
of witnesses
at
Departmental
hearings;
to
amend
the
Prisons
Amendment Act,
1978,
so
as
to
delete
obsolete
expressions;
and
to
provide
-
for
matters
connected
therewith.
-
(Afrikaans
text
signed
by
the
State
President.)
(Assented
to
17
June
1993.)
BE
IT
ENACTED
by
the
State
President
and
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
1968,
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
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
and
section
1
of
Act
122
of
1991
-
- 1.
Section
1
of
the
Correctional
Services
Act,
1959
-
(hereinafter
referred
to
as
the
principal
Act),
is
hereby
amended-
-
- (a)
by
the
insertion
after
the
definition
of
"correctional
supervision"
of
the
following
definition:
-
- "'credits'
means
the
days
and
months
contemplated
in
section
22A(2);";
-
- (b)
by
the
insertion
after
the
definition
of
"Department"
of the
following
definition:
-
- "
'determinate
sentence'
means
a
sentence
of
imprisonment
for
a
definite
period;";
-
- (c)
by
the
insertion
after
the
definition
of
"hospital
prison for
psychopaths"
of
the
following
definition:
-
- "
'indeterminate
sentence'
means
a
sentence
of
imprisonment
for
an
indefinite
period;";
-
(d)
by
the
insertion
after
the
definition
of
"National
Advisory
Council"
of
the
following
definitions:
-
- "
'parole'
means
the
conditions
under
which
a
prisoner
may
be
placed
in
terms
of
section
65;
-
- 'parole
board'
means
a
parole
board
contemplated
in section
5C;";
-
- (e)
by
the
deletion
of
the
definition
of
"President's
patient";
-
- (f)
by
the
substitution
in
subparagraph
(iii)
of
paragraph (a)
of
the
definition
of
"prisoner"
for
the
expression
"President's
patient"
of
the
expression
"State
patient";
-
- (g)
by
the
deletion
of
the
definition
of
"release
on
parole";
-
and
-
- (h)
by
the
insertion
after
the
definition
of
"reserve
force" of
the
following
definition:
-
"
'State
patient'
means
a
State
patient
as
-
defined
in
section
1
of
the
Mental
Health
Act,
1973
(Act
-
No.
18
of
1973);".
-
- Amendment
of
section
4
of
Act
8
of
1959,
as
substituted
by
section
-
- 48
of
Act
70
of
1968
and
amended
by
section
14
of
Act
62
of
1973, section
31
of
Act
97
of
1986
and
section
4
of
Act
122
of
1991
-
- 2.
Section
4
of
the
principal
Act
is
hereby
amended
by
the substitution
for
subsection
(2)
of
the
following
subsection:
-
- "(2)
Subject
to
the
provisions
of
this
Act
the
Minister
may, and
shall
if
ordered
thereto
by
the
State
President,
-
- (a)
promote;
or
-
(b)
discharge,
dismiss
or
reduce
in
rank,
any
officer.".
Amendment
of
section
5A
of
Act
8
of
1959,
as
inserted
by
section
3
-
of
Act
22
of
1980
and
amended
by
section
6
of
Act
122
of
1991
-
- 3.
Section
5A
of
the
principal
Act
is
hereby
amended-
-
- (a)
by
the
substitution
for
subsection
(2)
of
the
following
subsection:
-
- "(2)
An
institutional
committee
shall
consist
of
so many
members
who
may
be
members
and
non-members
of
-
the
Department
as
the
Commissioner
may
determine
and
of whom
one
of
the
former
shall
be
designated
by
the
Commissioner
as
chairman
of
that
committee.";
-
- (b)
by
the
deletion
of
subsection
(4);
and
-
- (c)
by
the
substitution
for
subsection
(5)
of
the
following
subsection:
-
- "(5)
Any
member
of
a
correctional
board
or
of
a parole
boar
may
attend
any
meeting
of
the
institutional
committee
at
the
prison
where
such
correctional
board
or
parole
board
is
appointed,
-
but
cannot
vote
on
a
matter
before
the
institutional
committee.".
-
- Insertion
of
section
5C
in
Act
8
of
1959
-
- 4.
The
following
section
is
hereby
inserted
in
the
principal
-
Act
after
section
SB:
-
- "Parole
boards
-
- 5C.
(1)
The
Commissioner
shall
appoint
one
or
more
boards,
-
to
be
styled
parole
boards,
to
perform
the
functions
and
duties
-
entrusted
to
or
imposed
upon
a
parole
board
by
or
under
this
Act.
-
(2)
A
parole
board
shall
consist
of
so
many
members,
who
may
be members
or
non-members
of
the
Department,
as
the
Commissioner
may
determine
and
of
whom-
-
- (a)
one
shall
be
designated
by
the
Commissioner
as
chairman
of that
board;
and
-
- (b)
at
least
one
shall
in
respect
of
each
prisoner
who
appears
-
- before
such
board,
be
a
member
of
the
institutional
committee
at the
prison
where
the
prisoner
in
question
is
being
detained.
-
- (3)
A
member
of
a
parole
board
shall
hold
office
for
such
period
and
on
such
conditions
as
the
Commissioner
may
determine.
-
- (4)
The
members
of
a
parole
board
who
are
not
in
the
full-time
service
of
the
State,
may
receive
such
remuneration
and
allowances
as the
Minister
may,
on
the
recommendation
of
the
Commission
for
Administration,
determine
with
the
concurrence
of
the
Minister
of State
Expenditure.
-
- (5)
Any
member
of
a
correctional
board
may
attend
any
meeting
-
of
the
parole
board
at
the
prison
where
such
correctional
board
is
-
appointed,
but
may
not
vote
on
a
matter
before
the
parole
-
board.".
-
- Substitution
of
section
7
of
Act
8
of
1959,
as
substituted
by section
1
of
Act
6
of
1975
-
- 5.
The
following
section
is
hereby
substituted
for
section
7
of the
principal
Act:
-
- "Ministers
of
religion,
psychologists,
social
workers,
educationists
and
other
persons
-
- 7.
(1)
Apart
from
commissioned
officers
appointed
under
-
section
4(1)
and
members
of
the
Department
appointed
under
section
-
8
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,
one
or
more
ministers
of
religion,
psychologists,
social
workers,
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.
-
- (2)
A
minister
of
religion,
psychologist,
social
worker,
educationist
or
other
person
contemplated
in
subsection
(1)
shall be
paid
the
allowances
determined
by
the
Commissioner
on
the
recommendation
of
the
Commission
for
Administration
and
after
consultation
with
the
Department
of
State
Expenditure:
Provided
that any
other
remuneration
paid
by
the
State
to
such
a
person
shall not
be
affected
by
this
provision.".
-
- Insertion
of
section
9G
in
Act
8
of
1959
-
- 6.
The
following
section
is
hereby
inserted
in
the
principal
-
Act
after
section
9F:
-
- "Filling
of
posts
-
- 9G.
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
having
regard
to
the
personnel
requirements
of
the
Department
prescribed
under
this Act:
Provided
that-
-
- (a)
the
promotion
of
a
commissioned
officer
of
or
above
the rank
of
brigadier
and
the
transfer
of
a
commissioned
officer
of
or
above
the
rank
of
Deputy
Commissioner,
shall be
subject
to
the
approval
of
the
Minister;
-
- (b)
no
person
who
qualifies
for
the
relevant
appointment,
transfer
or
promotion
shall
be
favoured
or
prejudiced;
-
- (c)
only
the
qualifications,
level
of
training,
relative
merit,
skill
and
suitability
of
the
persons
who
qualify
for the
relevant
appointment,
promotion
or
transfer,
shall be
taken
into
account;
and
-
- (d)
the
Commissioner
may
exempt
a
member
who
is
exceptionally
skilled
or
who
has
special
qualifications
or
who
renders
exceptional
service
or
who
has
successfully
completed
a
prescribed
departmental
training
course,
from
such
personnel
requirements
in
order
to
promote
or
transfer
him.".
-
- Amendment
of
section
19
of
Act
8
of
1959,
as
amended
by
section
8 of
Act
92
of
1990
-
- 7.
Section
19
of
the
principal
Act
is
hereby
amended
by
the addition
of
the
following
subsection:
-
- "(3)
The
Commissioner
may
with
the
approval
of
the
Minister
award a
monetary
or
other
reward
to
a
person
who
performs
an
act which
promotes
the
interests
of
the
Department
or
of
a
member
of the
Department
and
which
justifies
such
award.".
-
- Substitution
of
section
22
of
Act
8
of
1959,
as
substituted
by section
4
of
Act
58
of
1978
-
- 8.
Section
22
of
the
principal
Act
is
hereby
amended
by
the substitution
for
subsection
(2)
of
the
following
subsection:
-
- "(2)
The
Commissioner
may
in
his
discretion
-
- (a)
grant
such
privileges
and
indulgences
as
he
may
determine to
any
prisoner;
-
- (b)
notwithstanding
anything
to
the
contrary
contained
in any
law,
withdraw
or
amend
any
privilege
or
-
indulgence
granted
in
terms
of
paragraph
(a)
to
any prisoner
without
furnishing
any
reason
and
without
hearing
such
prisoner
or
any
other
person
if
it
is
-
in
the
interests
of
the
administration
of
prisons.".
Insertion
of
section
22A
in
Act
8
of
1959
-
9.
The
following
section
is
hereby
inserted
in
the
principal
-
Act
after
section
22:
-
- "Allocation
of
credits
-
- 22A.
(1)
A
prisoner
may
earn
credits,
to
be
awarded
by
an
-
- institutional
committee,
by
observing
the
rules
which
apply
in the
-
prison
and
by
actively
taking
part
in
the
programmes
which
are aimed
-
at
his
treatment,
training
and
rehabilitation:
Provided
that the
-
institutional
committee
may,
in
allocating
credits,
take
into
account
any
other
factor
which
may
be
relevant
to
the
prisoner
-
in
-
question:
-
- Provided
further
that-
-
- (a)
a
prisoner
may
not
earn
credits
amounting
to
more
than
half of
the
period
of
imprisonment
which
he
has
served;
-
- (b)
credits
shall
be
awarded
at
the
intervals
referred
to
in
section
62(1);
-
- (c)
a
prisoner
sentenced
to
imprisonment
for
up
to
and
including
six
months
shall,
unless
the
institutional
committee
awards
him
fewer
credits,
be
deemed
to
have
been
awarded
the
maximum
number
of
credits.
-
- (2)
The
number
of
days
and
months
earned
by
a
prisoner
as
-
credits
may
be
taken
into
account
in
determining
the
date
on
which
a parole
board
may
consider
the
placement
of
such
prisoner
on
parole.
(3)
In
the
calculation
of
credits,
a
fraction
of
a
day shall
be
regarded
as
a
full
day.".
-
- 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
and
section
8
of Act
104
of
1983
-
- 10.
Section
27
of
the
principal
Act
is
hereby
amended
by
the substitution
in
paragraph
(d)
of
subsection
(2)
for
the
expression
"President's
patient"
wherever
it
occurs
of
the
expression
"State
patient".
-
- Amendment
of
section
30
of
Act
8
of
1959,
as
amended
by
section
3 of
Act
6
of
1985
-
- 11.
Section
30
of
the
principal
Act
is
hereby
amended
by
the deletion
of
subsection
(5).
-
- Amendment
of
section
32
of
Act
8
of
1959,
as
amended
by
section
14
of Act
101
of
1969
-
- 12.
Section
32
of
the
principal
Act
is
hereby
amended
by
the substitution
for
subsections
(2)
and
(3)
of
the
following
subsections,
respectively:
-
- "(2)
When
a
person
receives
more
than
one
sentence
of imprisonment
or
receives
additional
sentences
while
serving
a
term
of imprisonment,
each
such
sentence
shall
be
served
the
one
after the
expiration,
setting
aside
or
remission
of
the
other
in
such order
as
the
Commissioner
may
determine,
unless
the
court
specifically
directs
otherwise,
or
unless
the
court
directs
that
-
- such
sentences
shall
run
concurrently:
Provided
that
any
such
sentence
of
imprisonment
or
additional
sentence
of
imprisonment
in
which
solitary
confinement
with
or
without
spare
diet
is
imposed,
shall be
served
first:
Provided
further
-
- (a)
that
any
determinate
sentence
of
imprisonment
to
be
-
served
by
any
person
shall
run
concurrently
with
a
life
sentence
-
or
with
an
indeterminate
sentence
of
imprisonment
to
be
served
by
-
such
person
in
consequence
of
being
declared
an
habitual
criminal;
-
and
-
- (b)
that
one
or
more
life
sentences
and
one
or
more
such
indeterminate
sentences,
or
two
or
more
life
sentences,
or
two
or more
such
indeterminate
sentences,
shall
also
run
concurrently.
-
- (3)
Subject
to
the
provisions
of
the
second
proviso
to
-
subsection
(2),
the
date
of
expiry
of
any
sentence
of
imprisonment
being served
by
a
prisoner
who
escapes
from
lawful
custody
or
who is
unlawfully
discharged
erroneously
released
shall,
-
subject
to
the
provisions
of
section
32A(3),
upon
his
recapture
or
rearrest
be
postponed
for
a
period
equal
to
the
period
by
which
such
sentence
was
interrupted
by
reason
of
such
escape
or
discharge
release.".
-
- Insertion
of
section
32A
in
Act
8
of
1959
-
- 13.
The
following
section
is
hereby
inserted
in
the
principal
-
Act
after
section
32:
-
- "Rearrest
of
prisoner
released
erroneously
-
- 32A.
(1)
If
the
Minister
reasonably
suspects
that
a
prisoner
has been
released
from
a
prison
erroneously,
whether
in
terms
of any
law
or
not,
he
may
issue
a
warrant
for
the
rearrest
of
such
prisoner,
which
warrant
may
be
executed
by
any
peace
officer
as
defined
in
section
1
of
the
Criminal
Procedure
Act,
1977
(Act
No.
-
51
of
1977),
and
shall
serve
as
authority
for
the
detention
of such
prisoner
in
a
prison
for
a
period
not
exceeding
72
hours.
-
- (2)
During
the
period
of
such
prisoner's
detention
as
contemplated
in
subsection
(1),
the
Minister
shall
submit
all
relevant
documents
including
those
submitted
by
the
prisoner,
if any,
to
a
judge
in
chambers:
Provided
that
if
the
period
of
72 hours
referred
to
in
subsection
(1)
expires
on
a
day
on
which
no such
judge
is
available.
the
said
period
shall
be
deemed
to
expire
at four
o'clock
in
the
afternoon
of
the
next
succeeding
day
on which
such
judge
is
available.
-
- (3)
If
such
judge
finds
that
such
prisoner
was
erroneously
released,
-
he
may
order
the
prisoner
to
serve
the
unexpired
portion
of
his I
sentence
as
contemplated
in
section
32(3)
in
full
or
partially.".
-
- Repeal
of
section
38
of
Act
8
of
1959
-
- 14.
Section
38
of
the
principal
Act
is
hereby
repealed.
-
- Repeal
of
section
39
of
Act
8
of
1959
-
- 15.
Section
39
of
the
principal
Act
is
hereby
repealed.
Amendment
of
section
51
of
Act
8
of
1959
-
16.
Section
51
of
the
principal
Act
is
hereby
amended
by
the substitution
for
subsection
(2)
of
the
following
subsections:
-
- "(2)
A
magistrate
shall,
upon
conviction
of
such
prisoner
in respect
of
any
such
contravention
or
non-compliance,
have
jurisdiction
to
impose
any
penalty
specifically
prescribed
by
this
Act or
any
punishment
disciplinary
measure
which
any
commissioned
officer
an
institutional
committee
might
lawfully
have
imposed
could,
under
subsection (2)
(13)
of
section
54,
have
made
applicable
to
a
-
prisoner,
and
shall
have
special
jurisdiction
to
sentence
the offender
in
lieu
of
or
in
addition
to
any
such
punishment
disciplinary
measure-
-
- (a)
to
undergo
imprisonment
for
a
period
not
exceeding
six months;
or
-
(b)
to
be
kept
in
solitary
confinement
in
an
isolation
cell -
with
or
without
light
labour
for
a
period
not
exceeding
forty-two
days,
twenty
eight
days
of
which
may
be
ordered
to
be
passed
on
reduced
diet:
Provided
that
no
continuous
period
passed
on
reduced
diet
shall
exceed
fourteen
days,
and
that
at
least
fourteen
days
shall
elapse
between
one
period
passed
on
reduced
diet
and
another
such
period
to
pay
partial
or
full
compensation
for
any
-
damage
caused
by
the
misdemeanour
of
which
he
has
been
found
guilty:
Provided
that
the
magistrate
may
suspend
the
operation
of any
penalty
imposed
in
terms
of
this
subsection,
or
any
part
of that
penalty,
for
a
period
not
exceeding
three
years
on
any
condition
relating
to
good
conduct
or
otherwise.
-
- (3)
No
person
shall
be
permitted
to
attend
any
court
held
at
a prison
or
at
a
place
designated
in
terms
of
subsection
(1)
unless he
is
a
witness
summoned
to
attend
the
trial
thereat
or
is
specially
authorized
to
attend
by
the
magistrate
presiding
over that
court,
or
unless
he
has
received
a
special
authority
to attend
from
the
Commissioner:
Provided
that
the
accused
shall
in all
cases
at
any
hearing
be
entitled
to
have
present,
and
to
be
represented
by,
his
legal
adviser.
-
- Substitution
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,
section
5
of
Act
22
of
1980
and
section
14
of
Act
-
104
of
1983
-
- 17.
The
following
section
is
hereby
substituted
for
section
54 of
the
principal
Act:
-
- "Disciplinary
hearing
by
institutional
committee
of contravention
of
regulations
by
prisoner
-
- 54.
(1)
An
institutional
committee
may
conduct
a
discipliner
hearing
at
a
prison
or
at
a
place
designated
by
the
Commissioner
-
for
that
purpose,
against
any
prisoner
(hereinafter
referred
to
as the
accused)
for
any
alleged
contravention
of
or
failure
to
comply
with any
provision
of
any
regulation,
whether
such
contravention
-
or
noncompliance
is
alleged
to
have
taken
place
within
or
outside a
prison.
(2)
Apart
from
the
minutes
contemplated
in
subsection
(3), no
record
of
the
proceedings
shall
be
kept.
-
- (3)
The
chairman
of
the
institutional
committee
shall
keep
minutes
or
cause
minutes
signed
by
him
to
be
kept
containing
particulars
of
the
offence,
verdict,
reasons
for
the
verdict
and
disciplinary
measures
imposed.
-
- (4)
If,
as
a
result
of
the
absence
or
incapacity
of
the
chairman
or
one
or
more
members
of
an
institutional
committee,
only one
member
of
the
committee
which
commenced
hearing
the
proceedings
is
available
to
complete
a
hearing
in
terms
of
this
section,
such
hearing
shall
commence
de
novo
before
a
new
committee
consisting
of
at
least
two
members.
-
- (5)
Subject
to
the
provisions
of
this
section,
the
rules
of
the law
of
evidence
shall
not
apply
to
the
proceedings
in
terms
of this
section
and
an
institutional
committee
may
ascertain
any
relevant
fact
in
such
manner
as
it
may
deem
fit.
-
- (6)
Evidence
to
prove
or
to
disprove
any
question
in
issue
may be
submitted
in
writing
or
orally.
-
- (7)
No
examination
or
cross-examination
by
an
accused
shall
be
allowed
except
with
the
consent
of
the
chairman,
but
the
institutional
committee
shall
proceed
inquisitorially
to
ascertain
the
relevant
facts,
and
to
that
end
the
institutional
committee
-
may
interrogate
the
accused
or
a
witness
at
any
stage
of
the
-
proceedings.
-
- (8)
(a)
The
accused
may,
with
the
permission
of
the
chairman
of the
institutional
committee,
call
one
or
more
witnesses.
-
- (b)
The
chairman
referred
to
in
paragraph
(a)
shall
have
the power
to
decide
that
sufficient
evidence
has
been
adduced
on
which
a
decision
can
be
arrived
at,
and
to
order
that
no
further
-
evidence
shall
be
adduced:
Provided
that
the
accused
shall
in every
case
be
afforded
the
opportunity
to
put
his
case.
-
- (9)
No
person
shall
testify
or
be
interrogated
before
an
institutional
committee
unless
the
prescribed
oath
has
been
administered
to
him
or
the
prescribed
affirmation
has
been
accepted
from
him
in
the
presence
of
the
institutional
committee.
-
- (10)
No
legal
representation
shall
be
allowed
during
the
proceedings.
-
- (11)
Upon
completion
of
the
proceedings,
an
institutional
committee
may
find
such
accused
guilty
if
it
is
satisfied
beyond
reasonable
doubt
that
the
accused
has
committed
the
offence
in
question.
-
- (12)
If
found
guilty
the
accused
shall
be
given
an
opportunity
to
address
the
institutional
committee
with
regard
to
mitigation
-
- of
the
disciplinary
measures
to
be
imposed
on
him,
which
address
shall be
noted
verbatim.
-
- (13)
Upon
conviction
of
any
accused
of
a
contravention
contemplated
in
this
section
an
institutional
committee
may
impose
a
reprimand
or
may
deprive
the
accused
of
one
or
more
privileges
-
or
indulgences
for
a
period
not
exceeding
two
months:
Provided
that-
-
- (a)
such
deprivation
may
be
suspended
for
a
period
not
exceeding
one
year
on
the
conditions
laid
down
by
such
committee;
-
- (b)
the
accused
shall
at
all
times
be
entitled
to
maintain
his
family
ties;
and
-
(c)
the
classification
of
a
prisoner
in
terms
of
section
-
22(1)(b)
shall
not,
as
a
disciplinary
measure
imposed
under
this
section,
be
altered
in
any
way.
-
- (14)
If,
during
the
proceedings,
the
accused
acts
in
such
a
way as
to
cause
the
continuation
of
the
proceedings
in
his
presence
to
be
impracticable,
the
chairman
of
the
institutional
committee
may order
that
he
be
removed
and
that
the
proceedings
continue
in
his
absence.
-
(15)
No
person
shall
be
permitted
to
attend
the
proceedings
at -
a
prison
or
at
a
place
designated
in
terms
of
this
section
for
the
-
hearing
of
a
disciplinary
offence,
unless
he
is
a
witness
summoned
to
attend
the
proceedings
thereat
or
is
specially
authorized
to attend
by
the
chairman
of
the
institutional
committee
presiding
over those
proceedings,
or
by
the
Commissioner.
-
- (16)
No
person
whose
mental
state
is
being
investigated
in
-
terms
of
section
30
of
the
Mental
Health
Act,
1973
(Act
No.
18
of
-
1973),
or
who
is
suspected
of
being
mentally
ill,
shall
be
regarded
as
an
accused
for
the
purposes
of
this
section
until
a
certificate
is
issued
in
terms
of
the
aforementioned
Act
which
indicates
that
the
accused
is
mentally
competent.
-
- (17)
(a)
Deliberations
by
the
members
of
the
institutional
committee
to
determine
the
verdict
as
well
as
suitable
disciplinary
measures
shall
take
place
behind
closed
doors.
-
- (b)
A
decision
of
the
majority
of
the
members
who
heard
the
matter
shall
be
the
decision
of
the
institutional
committee,
and in
the
event
of
an
equality
of
votes
the
chairman
shall
in
addition
to
his
deliberative
vote
have
a
casting
vote.".
-
- Repeal
of
section
56
of
Act
8
of
1959
-
- 18.
Section
56
of
the
principal
Act
is
hereby
repealed.
Amendment
of
section
57
of
Act
8
of
1959
-
19.
Section
57
of
the
principal
Act
is
hereby
amended
by
the substitution
for
subsection
(1)
of
the
following
subsection:
-
"(1)
Any
person
summoned
as
a
witness
at
a
trial
under
section -
50,
51
or
53,
or
fifty-four
at
a
disciplinary
-
hearing
under
section
54
or
at
an
enquiry
or
investigation
-
under
section
13
or
55
to
give
evidence
or
to
produce
any
document
-
or
thing
which
in
criminal
proceedings
in
a
magistrate's
court
he
-
could
be
compelled
to
produce,
and
who
fails
to
attend
such
trial or
such
enquiry
or
investigation
or
to
produce
such
document
or thing
or
to
answer
any
question
lawfully
put
to
him
thereat,
shall
be guilty
of
an
offence
and
liable
on
conviction
before
a magistrate's
court
to
such
penalty
as
he
would
have
been
liable
to if
he
had
failed
upon
lawful
summons
to
attend
any
trial
at
the magistrate's
court
of
the
district
in
which
the
trial
or
enquiry
-
or
investigation
is
held,
or
being
a
witness
at
a
trial
before
a
-
magistrate's
court,
had
refused
to
answer
any
question
lawfully
-
put
to
him
thereat.".
-
- Substitution
of
section
58
of
Act
8
of
1959
-
- 20.
The
following
section
is
hereby
substituted
for
section
58 of
the
principal
Act:
-
- "Trial
procedure
at
prisons
-
- 58.
(1)
Save
as
is
provided
in
subsections
(2)
and
(3),
the proceedings
at
any
trial
under
this
Act,
other
than
a
hearing
contemplated
in
section
54,
at
a
prison
or
at
a
place designated
by
the
Commissioner
for
the
trial
of
any
offence
or
other
contravention
shall
be
in
the
manner
and
form,
as
nearly
as practicable,
as
in
summary
proceedings
in
a
magistrate's
court
at the
hearing
and
determination
of
criminal
cases.
-
- (2)
No
person
shall
be
permitted
to
attend
any
court
held
at
a prison
or
at
a
place
so
designated
for
the
a
trial
-
of
any
offence
or
other
contravention
contemplated
in
subsection
(1),
unless
he
is
a
witness
summoned
to
attend
the
trial
thereat
or
is
specially
authorized
to
attend
by
the
commissioned
officer
or
magistrate
presiding
over
that
court,
or
has
received
a
special
authority
to
attend
from
the
Commissioner:
Provided
that
the
accused
shall
in
all
cases
at
any
such
-
hearing
be
entitled
to
have
present,
and
to
be
represented
by,
his
legal adviser.
-
- (3)
Failure
of
the
accused
to
attend
the
hearing
contemplated
in
subsection
(1)
either
personally
or
through
his legal
adviser,
shall
not
invalidate
the
proceedings.".
-
- Substitution
of
Chapter
VI
of
Act
8
of
1959
-
21.
The
following
chapter
is
hereby
substituted
for
Chapter
VI -
of
the
principal
Act:
-
"CHAPTER
VI
-
POWERS,
FUNCTIONS
AND
DUTIES
OF
CORRECTIONAL
BOARDS,
PAROLE
BOARDS,
INSTITUTIONAL
COMMIT
TEES
AND
THE
NATIONAL
ADVISORY
COUNCIL,
AND
RELEASE
AND
PLACEMENT
OF
PRISONERS
ON
PAROLE
-
- (i)
Powers,
functions
and
duties
of
correctional
boards,
parole boards,
institutional
committees
and
the
National
Advisory
-
Council
-
- Powers,
functions
and
duties
of
correctional
boards
-
- 61.
A
correctional
board
may
exercise
the
powers
and
shall
perform
the
functions
and
duties
which
the
Minister
may
from
time to
time
confer
upon
or
assign
to
such
board
and
shall-
-
- (a)
take
such
steps
as
may
be
necessary
for
the
effective
reintegration
of
released
prisoners
and
probationers
into the
community;
-
- (b)
extend
and
promote
the
community's
interests
and
involvement
in
correctional
matters;
-
(c)
make
suggestions
to
the
Minister
regarding
any
matter
which
ought
to
be
considered
by
the
National
Advisory
Council;
-
- (d)
advise
the
Minister
regarding
the
most
cost-effective
running
of
a
region
in
which
such
board
is
involved;
-
- (e)
discuss
any
matter
connected
with
the
effective
functioning
of
the
Department
and
make
suggestions
in that
regard
to
the
regional
commissioner
or
commander
of the
area
concerned.
-
- Powers,
functions
and
duties
of
institutional
committees
-
- 62.
(1)
An
institutional
committee
shall,
in
respect
of
each
prisoner
under
its
jurisdiction
except
a
prisoner
sentenced
to
imprisonment
for
a
period
not
exceeding
six
months
unless
otherwise
ordered
by
the
Commissioner,
having
regard
to
any
remarks
made
by
the
court
in
question
at
the
time
of
the
-
imposition
of
sentence
if
made
available
to
the
Department,
and
at
such
intervals
(which
shall
not
be
longer
than
six
months)
as
the
Commissioner
may
determine,
after
consideration
of
the
prisoner's
criminal
history,
sentence,
personal
circumstances,
behaviour
and
adaptation
as
well
as
his
co-operation
in
the
prison-
-
- (a)
make
decisions
with
regard
to
the
credits
to
be
awarded
to him,
his
treatment,
training
and
classification
and the
regulation
of
his
conduct
according
to
prescribed
programmes,
classifications
and
procedures;
-
- (b)
make
recommendations
to
the
Commissioner
with
regard
to
matters
which
are
brought
to
the
attention
of
the
committee
by
a
prisoner
during
his
appearance
before
such
committee
and
which
fall
outside
the
committee's
powers;
and
-
- (c)
exercise
the
other
powers
and
perform
the
other
functions
and
duties
prescribed
by
regulation.
-
- (2)
If
a
prisoner
is
not
satisfied
with
the
decision
or
recommendation
of
the
institutional
committee,
he
may
submit
a
-
- complaint
or
request
in
the
manner
prescribed
by
regulation
after the
reasons
for
the
decision
or
recommendation
have
been
made
known to
him.
-
- (3)
If
a
prisoner
has,
in
terms
of
subsection
(2),
indicated
that he
is
not
satisfied
with
the
decision
of
the
institutional
committee,
the
Commissioner
may,
after
having
obtained
and
considered
the
verbal
or
written
remarks
of
the
prisoner
and
the
institutional
committee,
ratify,
amend,
declare
null
and
void
or
replace
a
decision
of
the
institutional
committee
if
it
is
necessary
in
the
interests
of
the
treatment,
training,
rehabilitation
or
welfare
of
such
prisoner
or
for
the
discipline,
good
order
or
safety
of
the
prison
in
question:
Provided
that
any
amendment
or
replacement
of
such
decision
by
the
Commissioner
shall not
adversely
affect
the
prisoner.
-
- Powers,
functions
and
duties
of
parole
boards
-
63.
A
parole
board
shall,
in
respect
of
each
prisoner
under -
its
jurisdiction
serving
an
indeterminate
sentence
or
a
sentence
-
of
imprisonment
in
excess
of
six
months
or
in
respect
of
whom
a special
report
is
required
by
the
Minister
or
the
Commissioner
having
regard
to
the
nature
of
the
offence
and
any
remarks
made
by
the court
in
question
at
the
time
of
the
imposition
of
sentence
if
made
available
to
the
Department,
and
at
the
times
and
under
the
circumstances
determined
by
the
Commissioner
or
when
otherwise
required
by
the
Minister
or
the
Commissioner-
-
- (a)
submit
a
report
to
the
Commissioner
or
to
the
Minister,
as the
case
may
be,
with
regard,
inter
alia,
to
the
conduct,
adaptation,
training,
aptitude,
industry
and
physical
and
mental
state
of
such
prisoner
and
the
possibility
of
his
relapse
into
crime;
-
- (b)
together
with
the
report
on
each
prisoner
submitted
in terms
of
paragraph
(a),
make
recommendations
to
the
Commissioner
regarding-
-
- (i)
the
placement
of
such
prisoner
under
correctional
supervision
by
virtue
of
a
sentence
contemplated
in
section
276(1)(i),
276A(3)(a)(ii)
or
-
287(4)(a)
of
the
Criminal
Procedure
Act,
1977
(Act
No.
51 of
1977),
or
by
virtue
of
the
conversion
of
such
prisoner's
sentence
into
correctional
supervision
under
section
276A(3)(e)(ii)
or
287(4)(b)
of
the
said
Act
and the
period
for
which
and
the
conditions
on
which
such
prisoner
may
be
so
subjected
to
correctional
supervision:
Provided
that
for
the
purposes
of
such
recommendations
a
prisoner's
date
of
release
contemplated
in
section
-
276A(3)(a)(ii)
of
the
Criminal
Procedure
Act,
1977,
shall be
deemed
to
be
the
earliest
date
on
which
a
prisoner
-
may,
in
terms
of
this
Act,
be
considered
for
placement
on
-
parole
or
the
date
on
which
the
prisoner
may
be
released
upon the
expiration
of
his
sentence,
whichever
occurs
first;
or
-
- (ii)
the
placement
of
such
prisoner
on
parole
in terms
of
section
65
or
on
daily
parole
in
terms
of
-
section
92A
and
the
period
for
which,
the
supervision
under
which
and
the
conditions
on
which
such
prisoner
should
be
so
placed;
and
-
- (c)
exercise
such
other
powers
and
perform
such
other
functions
and
duties
as
may
be
prescribed
by
regulation.
-
- Powers,
functions
and
duties
of
National
Advisory
Council
-
- 64.
The
National
Advisory
Council
may
of
its
own
accord,
but shall
when
so
ordered
by
the
Minister,
advise
the
Minister
regarding-
-
- (a)
the
general
policy
which
ought
to
be
followed
in
respect
of-
-
- (i)
correctional
supervision
and
matters
in
connection
therewith;
-
- (ii)
the
detention
and
treatment
of
prisoners;
(iii)
the
placement
of
prisoners
on
parole;
(iv)
the
release
of
prisoners;
-
(v)
the
placement
of
prisoners
on
daily
parole;
-
- (vi)
the
efficient
and
most
cost-effective
management
of
the
Department;
-
- (b)
the
release
or
the
placement
of
a
prisoner
on
parole
or on
daily
parole,
the
placement
of
a
prisoner
under
correctional
supervision
or
the
conversion
into
correctional
supervision
of
a
prisoner's
sentence,
if
a
particular
case
has
been
submitted
to
the
Minister;
-
- (c)
the
reintegration
of
prisoners
and
probationers
into
the
community;
-
- (d)
the
assimilation
into
the
labour
force
of
prisoners
who have
been
placed
on
parole
or
released
and
of
probationers;
-
- (e)
the
generation
of
revenue
by
the
Department;
and
any
other
matter
which
is
in
the
interests
of
the
efficient
running
of
the
Department.
-
- (ii)
Release
of
prisoners
and
placement
of
prisoners
on
parole,
special
remission
of
sentence
and
special
measures
for
the
reduction
-
of
the
prison
population
-
- Release
of
prisoners
and
placement
of
prisoners
on
parole
-
- 65.
(1)
A
prisoner
shall
be
released
upon
the
expiration
of the
term
of
imprisonment
imposed
upon
him.
-
- (2)
A
prisoner
may,
in
accordance
with
the
provisions
of
this
section
after
the
report
submitted
by
the
parole
board
in
terms
of
section
63
has
been
studied,
be
placed
on
parole
before
the
expiration
of
his
term
of
imprisonment
if
he
accepts
the
conditions
of
such
placement.
-
- (3)
(a)
A
placement
contemplated
in
subsection
(2)
shall
be
subject
to
the
conditions
mentioned
in
the
warrant
for
such
placement
and
shall
extend
for
the
period
between
the
date
of
such
placement
and
the
expiration
of
the
term
of
imprisonment.
-
(b)
(i)
The
Commissioner
may
at
any
time
cancel
or
amend
any
condition
in
respect
of
the
placement
of
a
prisoner
on
parole,
including
those
contemplated
in
paragraph
(a)
and
in
sections
66,67
and
69,
or
add
new
conditions
if
it
is
in
the
interests
of the
prisoner's
treatment,
rehabilitation
or
integration
into
the
community
or
in
the
interests
of
the
community.
-
- (ii)
Before
acting
in
terms
of
subparagraph
(i)
the
Commissioner
shall
make
the
reasons
for
the
proposed
action
known
to
the
prisoner
and
shall
afford
him
an
opportunity
to
be
heard
in
regard
thereto.
-
- (iii)
If
the
prisoner
does
not
accept
the
amended
conditions,
his
placement
on
parole
shall
be
cancelled,
after
which
he
shall be
detained
in
a
prison
for
the
unexpired
period
of
his
sentence
of
imprisonment:
Provided
that
the
Commissioner
may
at
a
later
date
place
such
prisoner
on
parole
once
more
should
the
prisoner
accept
the
amended
conditions.
-
- (c)
If
the
Commissioner
is
satisfied
that
a
prisoner
has,
during
the
period
of
parole,
failed
to
observe
any
condition
of such
parole,
he
may
issue
a
warrant
for
the
arrest
of
that
prisoner,
which
may
be
executed
by
any
peace
officer
defined
in
section
1
of
the
Criminal
Procedure
Act,
1977
(Act
No.
51
of
1977),
and
which
shall
serve
as
authority
for
the
detention
of
the
prisoner
until
the
Commissioner
has
heard
the
prisoner
and
has
had
sufficient
opportunity
to
hear
other
evidence
in
this
regard,
which
detention
shall
not
exceed
72
hours.
-
- (d)
If,
after
he
has
ascertained
all
the
relevant
facts,
the
Commissioner
is
still
satisfied
that
the
prisoner
has
contravened
a
condition
of
his
parole,
he
may
order
that
the
prisoner's
placement
on
parole
be
withdrawn
partially
or
completely
and
that the
prisoner
be
detained
for
a
period
not
exceeding
the
unexpired
portion
of
his
sentence
of
imprisonment,
calculated
as
from
the date
on
which
he
contravened
the
condition.
-
- (4)
(a)
A
prisoner
serving
a
determinate
sentence
or
any
of
the
sentences
contemplated
in
subparagraphs
(ii)
and
(iii)
of
paragraph
(b)
shall
not
be
considered
for
placement
on
parole
until he
has
served
half
of
his
term
of
imprisonment:
Provided
that the
date
on
which
consideration
may
be
given
to
whether
a
prisoner
may
be
placed
on
parole
may
be
brought
forward
by
the
number
of
credits
earned
by
the
prisoner.
-
- (b)
A
person
who
has
under
any
law
been
sentenced
to-
-
- (i) periodical
imprisonment,
shall
be
detained
periodically
in
a
prison
in
the
manner
prescribed
by
regulation;
-
- (ii) imprisonment
for
corrective
training,
shall
be
detained
in
a
prison
for
a
period
of
four
years
-
- (iii) imprisonment
for
the
prevention
of
crime,
shall
be
detained
in
a
prison
for
a
period
of
eight
years;
-
- (iv) an
indeterminate
sentence,
by
virtue
of
his
having
been
declared
an
habitual
criminal,
shall
be
detained
in
a
prison
until,
after
a
period
of at
least
seven
years,
he
is
placed
on
parole.
-
- (5)
Upon
receipt
of
a
report
from
a
parole
board
regarding
a
prisoner
who
has
been
sentenced
to
life
imprisonment,
the
Minister
shall
refer
the
matter
to
the
National
Advisory
Council,
which,
after
considering
the
report
of
the
parole
board,
and
having
-
regard
to
the
interests
of
the
community,
shall
make
a
recommendation
to
the
Minister
regarding
the
placement
of
the
prisoner
on
parole.
-
- (6)
The
Minister
may,
after
considering
such
recommendation,
authorize
the
placement
of
the
prisoner
on
parole
subject
to
any
conditions
which
he
may
determine
and
as
from
a
date
determined
by
him up
to
the
date
of
such
prisoner's
death.
-
- (7)
After
considering
a
report
from
a
parole
board
regarding
a
prisoner
who
has
been
sentenced
to
an
indeterminate
sentence
because
of
his
declaration
as
an
habitual
criminal
and
which
report
contains
a
recommendation
for
the
placement
on
parole
of the
prisoner
stating-
-
- (a)
that
there
is
a
reasonable
probability
that
the
prisoner
will in
future
abstain
from
crime
and
lead
a
useful
and
industrious
life;
or
-
- (b)
that
the
prisoner
is
no
longer
capable
of
engaging
in
crime;
or
-
- (c)
that
for
any
other
reason
it
is
desirable
to
place
such
prisoner
on
parole,
-
- the
Commissioner
may,
subject
to
the
provisions
of
subsection
(4),
authorize
the
placement
of
the
prisoner
on
parole
for
a
period
of
three
years,
subject
to
any
conditions
which
he
may
determine.
-
- (8)
After
considering
a
report
from
a
parole
board
submitted
in terms
of
section
63
regarding
a
prisoner
who
has
been
sentenced
to
a
determinate
sentence
or
to
imprisonment
for
corrective
training
or for
the
prevention
of
crime,
the
Commissioner
may,
subject
to the
provisions
of
subsection
(4),
place
the
prisoner
on
parole
as from
a
date
determined
by
him.
-
- (9)
Without
considering
a
report
contemplated
in
section
63,
-
- the
Commissioner
may,
subject
to
the
provisions
of
subsection
(4),
place a
prisoner
sentenced
to
imprisonment
for
a
period
not
exceeding
six
months
on
parole
as
from
a
date
determined
by
-
him.
-
- Placement
on
parole
and
unconditional
release
of
prisoners,
and
remission
of
sentence
by
the
State
President
-
- 66.
(1)
Notwithstanding
anything
to
the
contrary
in
any
law
contained,
the
State
President
may
at
any
time
authorize
the
placement
on
parole
or
unconditional
release
of
any
prisoner
and may
remit
any
part
of
a
prisoner's
sentence.
-
- (2)
In
any
case
where
a
placement
on
parole
or
release
contemplated
in
subsection
(1)
of
any
prisoner
is
justified
and
urgent,
the
Minister
may
authorize
the
immediate
placement
on parole
or
release
of
the
prisoner
concerned,
subject
to
any
conditions
which
he
may
determine,
in
anticipation
of
the
State
President's
approval:
Provided
that
the
Minister
shall
as
soon
as
possible
inform
the
State
President
of
his
decision
and
the
conditions
determined
by
him
in
anticipation
of
the
State
President's
approval.
-
- Special
measures
for
the
reduction
of
the
prison
population
-
67.
If
the
Minister
is
satisfied
that
the
prison
population -
in
general
or
the
population
of
a
particular
prison
is
reaching
-
such
proportions
that
the
safety,
human
dignity
and
physical
care
-
of
the
prisoners
are
being
materially
affected
detrimentally,
he
may
on
the
recommendation
of
the
National
Advisory
Council
advance
the date
of
the
placement
of
any
prisoner
or
group
of
prisoners
on
parole,
subject
to
any
condition
which
he
may
determine.
-
- Special
remission
of
sentence
by
the
Minister
-
- 68.
Notwithstanding
any
provision
to
the
contrary
the
-
Minister
may
on
the
recommendation
of
the
Commissioner
grant
to
a
-
prisoner
who
has
rendered
highly
meritorious
service
a
special
-
remission
of
sentence
not
exceeding
two
years
either
-
unconditionally
or
on
such
conditions
as
he
may
determine.
-
- Placement
on
parole
or
release
on
medical
grounds
-
- 69.
A
prisoner
serving
any
sentence
in
a
prison-
-
- (a)
who
suffers
from
a
dangerous,
infectious
or
contagious
disease;
or
-
- (b)
whose
release
or
placement
on
parole
is
expedient
on
the
grounds
of
his
physical
condition
or,
in
the
case
of
a woman,
her
advanced
pregnancy,
-
- may
at
any
time,
on
the
recommendation
of
the
medical
officer,
be
released
unconditionally
or
placed
on
parole
by the
Minister.
-
- Saving
of
State
President's
power
to
pardon
or
reprieve
offenders
-
- 70.
Nothing
in
this
Act
shall
affect
the
power
of
the
State
-
President
to
pardon
or
reprieve
offenders.".
-
- Amendment
of
section
79
of
Act
8
of
1959
-
- 22.
Section
79
of
the
principal
Act
is
hereby
amended
by the
substitution
for
paragraph
(a)
of
the
following
paragraph:
-
- "(a)
to
confine
a
prisoner
so
as
to
ensure
that
the
disciplinary
measures
imposed
upon
him
in
terms
of
section
51 or
54
can
be
applied
effectively
if
no
other
cell
is
available
which
fits
the
purpose;". -
- Amendment
of
section
81
of
Act
8
of
l959,
as
substituted
by
-
section
20
of
Act
58
of
1978
and
amended
by
section
3
of
Act
54
of
-
1979
-
- 23.
Section
81
of
the
principal
Act
is
hereby
amended
by
the
substitution
in
subsection
(3)
for
the
expression
"President's
patient",
wherever
it
occurs,
of
the
expression
"State
patient".
-
- Amendment
of
section
92A
of
Act
8
of
1959,
as
inserted
by
section
-
27
of
Act
92
of
1990
-
- 24.
Section
92A
of
the
principal
Act
is
hereby
amended
by
the
addition
of
the
following
subsection:
-
- "(5)
A
boarding
fee
in
accordance
with
a
tariff
determined
by
the
Minister
in
consultation
with
the
Minister
of
State
Expenditure,
may
be
levied
from
a
prisoner
to
whom
daily
parole
has been
granted
in
terms
of
subsection
(1).".
-
- 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
and
section
30
of
Act
122
of
1991
-
- 25.
Section
93
of
the
principal
Act
is
hereby
amended
by
the
substitution
for
subsection
(1)
of
the
following
subsection:
-
- "(1)
The
Minister
may
delegate
any
of
the
powers
vested
in
him by
this
Act
(except
sections
6(2),
19(2)
and
(20)
-
section
94)
to
the
Commissioner.
".
-
- 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,
section
6
of
Act
43
of
198',
section
20
of
Act
104
of
1983,
-
section
46
of
Act
97
of
1986,
section
28
of
Act
92
of
1990
and
-
section
31
of
Act
122
of
1991
-
- 26.
Section
94
of
the
principal
Act
is
hereby
amended-
-
- (a)
by
the
insertion
after
paragraph
(b)ter
of
subsection
(1)
of
the
following
paragraph:
-
- "(b)quat
fair
labour
practices
and
in
general
all
matters
in
order
to
attain
the
objectives
of
this
-
- Act;"
-
- (b)
by
the
substitution
in
the
Afrikaans
text
for
paragraph
-
(c)
of
subsection
(1)
of
the
following
paragraph:
-
- "(c)
die
algemene
beheer
en
bestuur
van
gevangenisse,
die
handhawing
van
die
goeie
orde
en tug
dissipline
daarin,
en
die
dade
of
-
versuime
wat
as
misdrywe
oortredings
teen
-
die
tug
dissipline
geag
word;";
-
- (c)
by
the
substitution
for
paragraph
(d)
of
subsection
(1)
-
of
the
following
paragraph:
-
- "(d)
the
powers,
functions
and
duties
of
institutional
committees,
parole
boards,
-
correctional
boards
and
the
National
Advisory
Council,
quorum
and
procedure
at
meetings
and
the
form
of
reports
of such
committees,
boards
and
Council;"
-
- (d)
by
the
substitution
for
paragraph
(p)
of
subsection
(1)
-
of
the
following
paragraph:
-
- "(p)
the
manner
in
which
sentences
of
imprisonment,
-
spare
diet,
corporal
punishment
solitary
-
confinement
or
any
other
sentences
and
any
-
disciplinary
measures
imposed
under
section
54
are
to be
carried
out,"
-
- (e)
by
the
substitution
for
paragraph
(r)
of
subsection
(1)
-
of
the
following
paragraph:
-
- "(r)
the
release
or
placement
on
parole
of
persons
serving
sentences
of
imprisonment;";
and
-
- (f)
by
the
substitution
for
paragraph
(y)
of
subsection
(1)
-
of
the
following
paragraph:
-
- "(y)
the
attendance
of
witnesses
at
trials
or
enquiries
or
investigations
by
commissioned
officers,
institutional
committees
and
boards
of
enquiry
-
under
this
Act
and
the
payment
of
witness
fees
and
travelling
expenses;".
-
Substitution
of
section
23
of
Act
58
of
1978
-
- 27.
The
following
section
is
hereby
substituted
for
section
23 of
the
Prisons
Amendment
Act,
1978
(Act
No.
58
of
1978):
-
- "Substitution
of
section
88
of
Act
8
of
1959,
as
amended
by
section
5
of
Act
4
of
1972
-
- 23.
The
following
section
is
hereby
substituted
for
section
88
of
the
principal
Act:
-
- 'Establishment,
conduct
and
exemption
from
certain
moneys
of
canteens
at
prisons
-
- 88.
(1)
Canteens
for
the
exclusive
use
or
benefit
of
members
of
the
Department,
of
Prisons,
the
families
of such
members
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.
-
- (2)
No
licence
moneys,
tax,
duty
or
fee
(other
than
customs
or
excise
or
sales
duties
or
value-
-
added
tax
leviable
by
law)
shall
be
payable
by
any
person
under
any
law
or
bye-law
in
respect
of
any
canteen
established
in
terms
of
subsection
(1).
-
- (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
indicating
that
he
has
certified
the
canteen
shall
be
conclusive
proof
that
it
is
a
canteen
as
contemplated
in
subsection
(1).
-
- (4)
For
the
purposes
of
this
section-
-
(a)
'canteen'
includes
any
mess
for
members
of
the
-
Prisons
Service
Department
or
any
Prisons
-
Department
institution
Prisons,
institution
of
the
-
Department
or
any
premises
temporarily
or
permanently
-
used
for
providing
recreation,
refreshment
or
necessaries
for the
exclusive
use
or
benefit
of
members
of
the
Department,
-
of
Prisons,
the
families
of
such
members
and
other
-
persons
or
categories
of
persons
prescribed
by
regulation;
-
- (b)
any
canteen
which
before
the
date
of
commencement
of
section
23
of
the
Prisons
Amendment
Act,
1978,
was
certified
by
the
Minister
or
any
person
authorized
by
him
as
contemplated
in
subsection
(3),
shall
be
deemed
to
be
a canteen
established
on
the
conditions
and
in
the
manner
referred
to
in
subsection
(1)."'.
-
- Short
title
and
commencement
-
- 28.
(1)
This
Act
shall
be
called
the
Correctional
Services
Amendment
Act,
1993,
and
shall
come
into
operation
on
a
date
fixed
by the
State
President
by
proclamation
in
the
Gazette.
-
- (2)
Different
dates
may
be
fixed
in
terms
of
subsection
(1)
in
respect
of
different
provisions
of
this
Act.
-
(3)
Section
13
shall
be
deemed
to
have
come
into
operation
on
2 -
February
1990.
|
