To amend the Correctional Services Act, 1959, so as to defineor 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; toregulate the earning of credits by prisoners; to provide for the recapture of prisoners who were released erroneously; to regulatedisciplinary hearings of prisoners by institutional committees; todefine the powers, functions and duties of correctional boards, parole boards, institutional committees and the National AdvisoryCouncil 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 ofsentence; 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; toprovide 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 AmendmentAct, 1978, so as to delete obsolete expressions; and to provide for matters connected therewith.
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 1of 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.
" '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.
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.
"(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."
"(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.
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.
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.
A member of a parole board shall hold office for such period and on such conditions as the Commissioner may determine.
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.
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.
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.
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 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 8of Act 92 of 1990 7.
"(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.
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.
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.
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 4of 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 "Statepatient".
Amendment of section 30 of Act 8 of 1959, as amended by section 3of 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 14of Act 101 of 1969 12.
that one or more life sentences and one or more such indeterminate sentences, or two or more life sentences, or two ormore such indeterminate sentences, shall also run concurrently.
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 whois unlawfully discharged erroneously released shall, subject to the provisions of section 32A(3), upon hisrecapture 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.
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.
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.
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.
to be kept in solitary confinement in an isolation cell with or without light labour for a period not exceeding forty-twodays, 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.
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 Act104 of 1983 17.
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.
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.
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.
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.
Evidence to prove or to disprove any question in issue may be submitted in writing or orally.
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.
The accused may, with the permission of the chairman of the institutional committee, call one or more witnesses.
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.
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.
No legal representation shall be allowed during the proceedings.
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.
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.
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.
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.
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.
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.
Deliberations by the members of the institutional committee to determine the verdict as well as suitable disciplinary measures shall take place behind closed doors.
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.
"(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 hecould be compelled to produce, and who fails to attend such trialor 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 toif 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.
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 placedesignated by the Commissioner for the trial of any offence or other contravention shall be in the manner and form, as nearly aspracticable, as in summary proceedings in a magistrate's court atthe hearing and determination of criminal cases.
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.
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.
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.
exercise the other powers and perform the other functions and duties prescribed by regulation.
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.
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.
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.
exercise such other powers and perform such other functions and duties as may be prescribed by regulation.
the generation of revenue by the Department; and any other matter which is in the interests of the efficient running of the Department.
A prisoner shall be released upon the expiration of the term of imprisonment imposed upon him.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
"(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.
"(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.
"(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.
"(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.
Substitution of section 88 of Act 8 of 1959, as amended by section 5 of Act 4 of 1972 23.
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.
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).
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).
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).'.
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.
Different dates may be fixed in terms of subsection (1) in respect of different provisions of this Act.
Section 13 shall be deemed to have come into operation on 2 February 1990.