Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter XIII : General Powers of Enforcement101. Entry, search and seizure |
| 1) | In addition to the powers of a correctional official to search inmates, their cells and their property and to seize articles in terms of section 27, a correctional official also has the power to enter any premises, to search without warrant any other person or place and seize any article when this is reasonably necessary for- |
| a) | maintaining the safe custody of an inmate, the security of a correctional centre and controlling access of persons to and permissibility of goods in a correctional centre; |
| b) | carrying out any sentence or order in terms of which a person is subject to community corrections; |
| c) | preventing, or gathering evidence of, the commission of any offence under this Act; or |
| d) | investigating theft, fraud, corruption and maladministration by correctional officials. |
| 2) | Despite the provisions of subsection (1)- |
| a) | a correctional official may not search another correctional official or seize his or her property without his or her consent or being authorised to do so by the National Commissioner but a general authorisation to search other correctional officials may be granted to a correctional official who is required to act in order to control access to or maintain secure custody within a correctional centre, or to give effect to subsection (1)(d); and |
| b) | action cannot be taken in terms of subsection (1)(c) or (d) outside a correctional centre unless a search warrant has been issued by a magistrate but a correctional official may act in terms of subsection (1)(c) or (d) without a warrant when he or she on reasonable grounds believes that- |
| i) | a warrant will be issued authorising action in terms of subsection (1)(c) or (d); and |
| ii) | the delay in obtaining such a warrant would defeat the object of the search. |
| 3) |
| a) | The provisions of section 21 of the Criminal Procedure Act, relating to the issue of a warrant to a police official apply, with the necessary changes, to a correctional official acting in terms of this section. |
| b) | The provisions of section 27 of the Criminal Procedure Act, relating to resistance to entry or search by a police official apply, with the necessary changes, to a correctional official acting in terms of this section. |
| c) | The provisions of section 29 of the Criminal Procedure Act, relating to the manner in which a search must be conducted by a police official apply, with the necessary changes, to a correctional official acting in terms of this section. |
| 4) |
| a) | The National Commissioner may sell any property seized in terms of this Act or the property of a deceased or escaped inmate which is in the care of the Department by public auction, if it is not lawfully claimed within six months after being seized or after the death or escape. |
| b) | The proceeds of the sale may be appropriated in settlement of any claims by the State against the applicable person and the balance, if any, must be paid into the National Revenue Fund. |
| c) | If, after the period of six months referred to in paragraph (a), a person proves to the National Commissioner that he or she is lawfully entitled to the balance of the proceeds, the balance must be paid to that person. |