Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter III : Custody of all Inmates under Conditions of Human DignityPart C : Security32. Use of force |
| 1) |
| a) | Every correctional official is authorised to use all lawful means to detain in safe custody all inmates and, subject to the restrictions of this Act or any other law, may use minimum force to achieve this objective where no other means are available. |
| b) | A minimum degree of force must be used and the force must be proportionate to the objective. |
| c) | A correctional official may not use force against an inmate except when it is necessary for- |
| i) | self-defence; |
| ii) | the defence of any other person; |
| iii) | preventing an inmate from escaping; or |
| iv) | the protection of property |
| 2) | Force may be used only when authorised by the Head of the Correctional Centre, unless a correctional official reasonably believes that the Head of the Correctional Centre would authorise the use of force and that the delay in obtaining such authorisation would defeat the objective. |
| 3) | If, after a correctional official has tried to obtain authorisation, force is used without prior permission, the correctional official must report the action taken to the Head of the Correctional Centre as soon as reasonably possible. |
| 4) | Any such permission or instruction to use force may include the use of non-lethal incapacitating devices or firearms, subject to the restrictions set out in sections 33 and 34. |
| 5) | If force was used, the inmate concerned must undergo an immediate medical examination and receive the treatment prescribed by the correctional medical practitioner. |
| 6) | All instances of use of force in terms of subsections (2) and (3) must be reported to the Inspecting Judge, immediately. |