Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter XVI : General134. Regulations |
| 1) | The Minister may make regulations not inconsistent with this Act as to- |
| a) | the safe custody of inmates and the maintenance of good order, discipline and security in prisons; |
| b) | the provisions of a register and the procedure for recording in it information regarding an inmate’s identification, date and hour of admission and release, the authority for doing so, and the inmate’s personal and criminal record; |
| c) | the procedure to be followed on admission for the medical examination of an inmate; |
| d) | the assessment of a sentenced offender; |
| e) | the receipt and safe custody of money or other articles belonging to an inmate by correctional officials at correctional centres and the disposal of such possessions should an inmate escape, die or fail to claim them; |
| f) | accommodating inmates in cells in respect of floor space, cubic capacity, lighting, ventilation, sanitary installations and general health conditions; |
| g) | the classification of categories of inmates based upon age, gender, health and security risk considerations; |
| h) | the location, transfer, temporary leave, placement and release of inmates; |
| i) | the diet of inmates with special provision for the nutritional requirements of children, pregnant women and any other category of inmates whose physical condition requires a prescribed diet; |
| j) | the clothing and bedding to be supplied to and worn by inmates; |
| k) | the standards of hygiene to be maintained by inmates in reference to their daily exercise and health care; |
| l) | visits to correctional centres by relatives of inmates and others and arrangements for an inmate to consult with a legal practitioner; |
| m) | providing money, food, clothing, a travelling allowance or method of transport for sentenced offenders prior to their placement for release; |
| n) | the procedure to be followed on the death of an inmate; |
| o) | informing the next of kin of death of an inmate and the conveyance and disposal of the body; |
| oA) | the manner in which any publication, video or audio material, film or computer program may be drawn from a library in the correctional centre, sent to an inmate from outside the correctional centre or be used by an inmate; |
| o) | the conditions subject to which a female inmate may be permitted to have her child with her; |
| p) | financial and other support of institutions, social agencies and individuals promoting the social responsibility and human development of sentenced offenders or persons under community corrections, including the establishment of one or more funds to support these objects; |
| q) | the admission to a correctional centre of any person; |
| r) | the manner in which an inmate may make requests and complaints, and how they are to be dealt with by correctional officials or custody officials; |
| s) | conducting disciplinary proceedings against an inmate and the implementation and enforcement of any penalty imposed; |
| t) | the procedure to be followed by a sentenced offender in exercising a right of appeal, review or pardon or in making any or further representations or submissions; |
| u) | those amenities susceptible to restriction as a penalty for disciplinary infringements and the amenities allowed to unsentenced offenders; |
| v) | the searching of persons upon entering or when inside a correctional centre; |
| w) | the examination, confiscation and disposal of any document or other article found in any correctional centre; |
| x) | the permissible mechanical restraints and the manner in which they may be used; |
| y) | the permissible non-lethal incapacitating devices and the manner in which they may be used; |
| z) | the use of weapons other than fire-antis and non-lethal incapacitating devices, the recording of such use and the training in their use; |
| aa) | the reporting procedures when force, including the use of a firearm, is used; |
| bb) | providing and equipping workshops and other facilities for the training of and the use by sentenced offenders and the supply of material for that purpose; |
| cc) | the working hours, gratuity and conditions relating to work done by sentenced offenders; |
| dd) | the composition, terms of office of members and procedures for the conducting of meetings of Case Management Committees ; |
| ee) | the entering into contracts for labour or services of sentenced offenders or the products of their labour or services; |
| ff) | the obtaining and recording of information relating to persons subject to community corrections; |
| gg) | the composition and supervision of a community corrections office; |
| hh) | the appointment and conditions of service, including the disciplinary code and procedures, of correctional officials and voluntary workers, excluding officials of the Senior Management Service as defined in the Regulations issued in terms of the Public Service Act, and all personnel matters pertaining to them; |
| ii) | the management and control of the medical scheme established under section 94(1)(b)bis of the Correctional Services Act, 1959 (Act No. 8 of 1959), to provide for medical treatment of correctional officials and other persons entitled thereto, membership of the scheme, membership contributions, rights, privileges and obligations of members, the vesting of assets, rights, liabilities and obligations of the scheme, the disposal of the assets of the fund and generally all matters reasonably necessary for the proper functioning of the scheme; |
| jj) | the management and control of the private fund established under section 94(1)(b)ter of the Correctional Services Act, 1959 (Act No. 8 of 1959), for the purposes of developing and supporting correctional officials or other persons financially or otherwise, the payment of voluntary contributions to the fund, the utilisation of money from the fund in the advancement of its purpose, and generally all matters reasonably necessary for the proper functioning of the fund; |
| kk) | the powers, duties and functions of correctional officials, temporary correctional officials, unpaid voluntary workers, Directors of public-private partnership correctional centres and custody officials and, in general, the operation of a correctional centre; and |
| kkA) | the detention of a sentenced offender in order to search him or her or for the recovery, by normal excretion, of objects swallowed, and the manner in which such searches must be conducted; |
| kkB) | types of mechanical restraints which may be used on sentenced offenders, their application and the reporting procedure on their application; |
| kkC) | the use of electronic and other monitoring devices and the procedures for their application; |
| kkD) | the procedures for the detention of a sentenced offender sentenced to periodical incarceration; |
| kkE) | the establishment, management and use of canteens and the liquidation and distribution of assets on the termination of their business; |
| kkF) | the management and use of canteens established under section 88 of the Correctional Services Act, 1959 (Act No. 8 of 1959), and the liquidation and distribution of assets on the termination of their business; |
| kkG) | the management and membership of clubs established in terms of regulation 7A promulgated under the Correctional Services Act, 1959 (Act No. 8 of 1959), and the establishment and membership of new clubs; |
| kkH) | the proper performance of its functions by the unit contemplated in section 95(3A) when acting in terms of subsections (2)(f) and (g) and (3) of that section; |
| kkI) | the information and data to be kept relating to the incarceration of a remand detainee; |
| kkJ) | the safe custody of remand detainees and the maintenance of good order, discipline and security in remand detention facilities; |
| kkK) | the obtaining, safekeeping and retaining of information relating to the incarceration of a remand detainee; |
| kkL) | the location, transfer, placement and release of remand detainees; |
| kkM) | the manner in which a remand detainee may make requests or complaints, and how they are to be dealt with by correctional officials or remand detention officials, as the case may be; |
| kkN) | the diet of a pregnant remand detainee, a child in custody with a remand detainee and an aged remand detainee; |
| kkO) | accommodation of remand detainees who are pregnant, aged, mentally ill or mothers with newborn children; |
| kkP) | the conditions subject to which a remand detainee may be permitted to have her child with her; |
| kkQ) | the clothing to be supplied to, and worn by, remand detainees; |
| kkR) | visits to remand detention facilities by relatives and others of aged or mentally ill remand detainees; |
| kkS) | visits to remand detention facilities by relatives and others of remand detainees and arrangements for a remand detainee to consult with a legal practitioner; |
| kkT) | the provision of food and drink to remand detainees by their visitors; |
| kkU) | the admission to a remand detention facility of any person; |
| kkV) | those amenities susceptible to restriction as a penalty for disciplinary infringements and the amenities allowed to remand detainees; |
| kkW) | the treatment of mentally ill or aged remand detainees; |
| kkX) | the conditions and procedures to be followed where an application is lodged in terms of section 49E; |
| kkY) | the conditions and procedures to be followed where a remand detainee is surrendered to the South African Police Service for investigation purposes; |
| kkZ) | the conditions and procedures to be followed where a referral is made in terms of section 49G; and |
| kkZA) | the composition of the medical parole advisory board; |
| ll) | generally, all matters, the prescription of which is necessary or expedient for attaining the purpose of this Act, or which must or may be prescribed by regulation in terms of this Act. |
| 2) | The National Commissioner may issue orders, not inconsistent with this Act and the regulations made thereunder, which must be obeyed by all correctional officials and other persons to whom such orders apply, as to- |
| a) | the conditions for and circumstances under which payment to an inmate, or the taking into safekeeping, release or disposal of money, valuables or other articles belonging to an inmate, may take place; |
| b) | the bathing or showering of inmates; |
| c) | hygienic requirements of bedding; |
| d) | the provision of special diet; |
| e) | the provision of clothing and bedding on admission; |
| f) | the wearing of attire for religious or cultural purposes; |
| g) | access to the services of a medical practitioner of the inmate’s choice; |
| h) | the supply at State expenses of medical assistance devices not including surgical implants; |
| i) | reports on problems concerning environmental health conditions and health-related issues; |
| j) | the manner in which the Head of the Correctional Centre must allow an inmate to notify his or her spouse, partner or next-of-kin when the inmate is transferred; |
| k) | recreational activities to be provided for the benefit of the mental and physical health of inmates; |
| l) | the establishment and maintenance of libraries; |
| m) | the recording of identification particulars of an inmate; |
| n) | the taking of the fingerprints and photographs of a an inmate for identification purposes; |
| o) | the manner in which mechanical restraints are to be applied; |
| p) | the reporting of incidents and actions taken where non-lethal incapacitating devices were used; |
| q) | the handling of firearms; |
| r) | the reporting of firearm use; |
| s) | general safety measures for handling firearms; |
| t) | the types of weapons other than non-lethal incapacitating devices and firearms to be used by correctional officials; |
| u) | the use of batons; |
| v) | the procedures for the use of pyrotechnical equipment; |
| w) | amenities to be made available to inmates; |
| x) | work which may be performed by an inmate on Sundays or other days of rest and gratuity for such work; |
| y) | a discharge report of an inmate under medical treatment; |
| z) | the restrictions on amenities for unsentenced offenders; |
| aa) | the appointment of correctional officials on probation; |
| bb) | health and security requirements of an applicant for appointment in the Department; |
| cc) | the written contract of employment to be provided to every correctional official upon appointment; |
| dd) | the conditions under which a correctional official may do remunerative work outside the Department; |
| ee) | the conditions for the issuing, wearing and maintenance of articles of departmental dress and equipment; |
| ff) | the termination of service of correctional officials; |
| gg) | the conditions under which a correctional official may resign from the Department; |
| hh) | categories of leave and deviations from leave conditions; |
| ii) | the payment of subsistence allowances and the deviations from qualifying conditions; |
| jj) | the conveyance at State expense of the personal and household effects of a correctional official who is transferred; |
| kk) | the powers, functions and duties of the Board of Trustees of the Facilities Fund; |
| ll) | the constitution and performance of functions of a committee to control a departmental canteen; |
| mm) | the obtaining of information of statistical value and research; |
| nn) | the conditions under which the Head of the Correctional Centre must allow certain persons access to the correctional centre; |
| oo) | generally, all matters necessary or expedient for the application of this Act or the regulations. |
| 3) | A regulation may provide penalties for its contravention or failure to comply with it and other penalties in the case of any subsequent contravention or non-compliance. Such penalties may consist of a fine or incarceration for a period not exceeding six months, or such incarceration without the option of a fine, or both such fine and such incarceration. |
| 4) | If the Minister considers that a regulation is not suited to the circumstances of a particular correctional centre or community corrections office he or she may modify its application to such correctional centre or community corrections office. |
| 5) | The Minister must refer proposed regulations to the relevant Parliamentary Committees in both Houses dealing with the Department. |