Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter III : Custody of all Inmates under Conditions of Human DignityPart C : Security33. Non-lethal incapacitating devices |
| 1) | Non-lethal incapacitating devices may only be issued to a correctional official on the authority of the Head of the Correctional Centre. |
| 2) | Such devices may only be used by a correctional official specifically trained in their use. |
| 3) | Such devices may be used in the manner prescribed by regulation and then only- |
| a) | if an inmate fails to lay down a weapon or some other dangerous instrument in spite of being ordered to do so; |
| b) | if the security of the correctional centre or safety of inmates or others is threatened by one or more inmates; or |
| c) | for the purpose of preventing an escape. |
| 4) | Whenever such devices are used, their use must be reported in writing and as prescribed by regulation. |
| 5) | Teargas grenades and cartridges fired by firearms or launch-tubes may not be fired or launched directly at a person or into a crowd. |
| 6) | Whenever a correctional official decides to use teargas he or she must be convinced that its use in the specific situation meets the requirements of minimum and proportionate force as required by section 32(1)(b). |
| 7) | If an inmate has been affected by teargas he or she must receive medical treatment as soon as the situation allows. |