Correctional Services Act, 1998 (Act No. 111 of 1998)Regulations for the Administration of the Department of Correctional Services of the Republic of South AfricaChapter II : Custody of all Inmate under Conditions of Human Dignity14. Discipline of inmates |
| 1) |
| a) | The disciplinary hearing must be conducted as soon as possible, and if practicable within 14 days from the date the accused inmate was informed of the charge against him or her, such notification may not be less than 7 days before the hearing. |
| b) | At every disciplinary hearing conducted by a disciplinary official, a correctional official, herein called the case presenter, will be appointed to arrange and co-ordinate the proceedings. |
| c) | At such a hearing the rules of the law of evidence will apply and evidence to prove or disprove any fact in issue, may be submitted in writing or orally. |
| d) | The disciplinary official must keep a full record of the proceedings, and it must be signed by him or her on conclusion of the proceedings. |
| e) | Every person testifying in such a hearing must take the prescribed oath or affirmation. |
| f) | The case presenter and the accused inmate or the legal practitioner representing the accused inmate, if any, may address the disciplinary official on the merits of the case. |
| g) | The disciplinary official must make a finding of guilty or not guilty on a balance of probabilities. |
| h) | If the disciplinary official makes a finding of guilty, the case presenter and the accused inmate or the legal practitioner, if any, may address him or her on the appropriate penalty. |
| 2) |
| a) | The disciplinary official may decide who will be allowed to attend the hearing. |
| b) | If a disciplinary official is of the opinion that the accused inmate is not mentally capable of understanding the proceedings he or she must refer the accused inmate to a psychologist who must report on the ability of the inmate to stand the hearing. |
| c) |
| i) | The case presenter must make arrangements for the attendance at the disciplinary hearing of the witnesses and the accused inmate, including witnesses the accused inmate may request to give evidence. |
| ii) | The case presenter may issue a subpoena, in the Order prescribed form, to any person to attend the hearing, to give evidence or produce any document or article in support of the charge or in defence of the accused inmate. |
| d) | A subpoena served on a person required to give evidence or to produce any book, record, document or article at the hearing must be signed by the disciplinary official and the service thereof will be subject to the rules of court applicable to the service of such process in a summary trial on a criminal charge in a magistrate’s court. |
| e) | Any person summoned as a witness at a disciplinary hearing to give evidence or to produce any document or article, who fails to attend such hearing or to produce any document or article or to answer any question put to him or her is guilty of an offence and is liable for a period of incarceration not exceeding 6 months or to such incarceration without the option of a fine or both. |
| f) | If a witness makes a false statement under oath or affirmation knowing the same to be false, he or she is guilty of an offence and is liable on conviction for a period of incarceration not exceeding 6 months or to such incarceration without the option of a fine or both. |