To amend the Correctional Services Act, 1959, so as to adjust a definition and to entrust to the Commissioner certain administrative functions previously entrusted to the Minister; to amend the Public Service Labour Relations Act, 1993, so as to make its provisions applicable to the Department of Correctional Services; and to provide for matters incidental thereto.
Insertion of section 3A in Act 8 of 1959 2.
Act, 1993, shall apply to the Department.
Whenever a provision of this Act is in conflict with a provision of the Public Service Labour Relations Act, 1993, the latter provision shall apply.
Amendment of section 5B of Act 8 of 1959, as substituted by section 7 of Act 122 of 1991 3.
"(7) A member of the National Advisory Council who is not in the full-time service of the State may receive such allowances as may be determined by the Minister Commissioner with the consent of the Minister of Finance State Expenditure.".
Amendment of section 9B of Act 8 of 1959, as inserted by section 4 of Act 104 of 1983 and amended by section 2 of Act 92 of 1990 and section 10 of Act 122 of 1991 4.
"(1) Every person who has served in a full-time capacity for a period as may be determined by the Minister Commissioner with the concurrence of the Minister of Defence Chief of the South African Defence Force in a post on the fixed establishment of the Department, and who has resigned or who resigns from the service of the Department on or after 1 January 1983, becomes at the commencement of this section or upon his resignation a member of the reserve force, and, subject to the provisions of this Act, remains a member thereof until he attains the age of 55 years.".
Amendment of section 9F of Act 8 of 1959, as inserted by section 4 of Act 104 of 1983 5.
Expenditure: Provided that any other remuneration paid by the State to such a member shall not be affected by this provision.
Amendment of section 9G of Act 8 of 1959, as inserted by section 6 of Act 68 of 1993 6.
"(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;".
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 1978, section 5 of Act 104 of 1983, section 4 of Act 92 of 1990 and section 1 of Act 80 of 1992 7.
"(b) The Commissioner may with the approval of the Minister determine the conditions under which such a member may be permitted to resign or withdraw himself from the said service.".
Substitution of section 13B of Act 8 of 1959, as inserted by section 5 of Act 92 of 1990 8.
the Minister may, after having considered the representations, reinstate such member in his employment as from the date of his dismissal in accordance with the provisions of section 19 of the Public Service Labour Relations Act, 1993 Act No. 102 of 1993.
Amendment of section 19 of Act 8 of 1959, as amended by section 8 of Act 92 of 1990 and section 7 of Act 68 of 1993 9.
(2) The Commissioner may with the approval of the Minister award to any person who is or was a member of the Department such monetary or other reward for exceptional ability or possessing special qualifications or rendering meritorious service, as is, in his opinion, a fitting reward therefor.
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.
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 and section 22 of Act 92 of 1990 10.
(2) (a) After the expiration of the period aforesaid, the Minister or, if authorized thereto by the Minister either specially in a particular case or generally the Commissioner may appoint a board of enquiry to investigate the charge in question.
in the case of a board appointed by the Commissioner, shall be such commissioned officers.
Substitution of section 68 of Act 8 of 1959, as substituted by section 21 of Act 68 of 1993 11.
Notwithstanding any provision to the contrary the Minister Commissioner 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.
Substitution of section 69 of Act 8 of 1959, as substituted by section 21 of Act 68 of 1993 12.
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 Commissioner: Provided that a prisoner sentenced to imprisonment for life shall not be placed on parole without the consent of the Minister.
Amendment of section 74 of Act 8 of 1959, as substituted by section 25 of Act 92 of 1990 13.
"(1) Notwithstanding anything contained in the Child Care Act, 1983 (Act No. 74 of 1983), or any other law, the Minister Director- General as defined in the said Act may in consultation with the Minister Commissioner, by order in writing transfer to a prison designated by the Minister Commissioner any person receiving training in a reform school governed by that Act, if, in his opinion, such person is a type of person who is not amenable to training in a reform school.".
Substitution of section 74A of Act 8 of 1959, as inserted by section 26 of Act 92 of 1990 14.
74A. The Minister Commissioner may, in consultation with the Minister Director-General as defined in the Child Care Act, 1983 (Act No. 74 of 1983), by order in writing transfer any person under the age of 21 years who is undergoing in any prison a sentence of imprisonment, to a reform school governed by the Child Care Act, 1983, and from the date of that order that person shall be deemed to have been sent to that reform school under section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Substitution of certain expressions in Act 8 of 1959 15.
The principal Act is hereby amended by the substitution wherever it appears in sections 4(2), 4A(3), 4B(1), 5C, 6(2), 9B(3),13A, 16(1), 26(1), 32A(1) and (2), 34(2), 35(2), 36(6)(b), 49(3), 61(c) and (d), 75(3) and (4), 88(3) and (4)(b) and 94(1)(w) for the word "Minister" of the word "Commissioner".
The continued validity after the date of commencement of this section of anything done or permitted by the Minister prior to such commencement in terms of a provision amended by this Act, shall not be affected solely by reason of the fact that the Minister is by virtue of such amendment divested of, and the Commissioner is by virtue of such amendment invested or charged with, the power or duty to do or to permit any such thing, and as from such date of commencement any such thing shall be deemed to have been done or permitted by the Commissioner.
Amendment of Act 102 of 1993 17.
"(a) a person employed in terms of an Act other than the Public Service Act or the Correctional Services Act, 1959 (Act No.
"(c) Upon the expiry of the period of three working days referred to in paragraph (a), the head of department shall take into account any written explanations so made, and may thereafter immediately terminate the services of any such employees at his sole discretion and notwithstanding the provisions of section 16(1) and (4) of the Public Service Act and section 12 of the Correctional Services Act, 1959 (Act No. 8 of 1959).".
This Act shall be called the Correctional Services Second Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.