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 VIII : Human Resources and Work Organisation Matters36. Medical Board proceedings |
| 1) | The National Commissioner must convene a Medical Board to consider and determine whether any correctional official who allegedly has become on medical grounds unfit to remain in the service of the Department, and is in fact medically unfit for that purpose. |
| 2) | A correctional official whose case is considered by a Medical Board may, at his or her own expense arrange for a medical practitioner of his or her own choice and a trade union representative to be present at the proceedings of the Medical Board. |
| 3) |
| a) | The Medical Board must consist of medical practitioners designated by the National Commissioner. |
| b) | The proceedings of the Medical Board must be recorded and must duly reflect all documentary and oral evidence and representations by that Board including those tendered or made by or on behalf of the correctional official concerned and all medical and other reports, and must include the Board’s findings, recommendations and report. |
| c) | The record must be duly signed by the members of that Board. |
| 4) | The National Commissioner may determine the form in which the report of a Medical Board must be submitted. |
| 5) | The National Commissioner, may with due regard to the findings and recommendations of a Medical Board and if consistent therewith - |
| a) | grant further sick leave to the correctional official concerned; |
| b) | discharge the correctional official due to medical unfitness for duty; or |
| c) | instruct the correctional official to resume duty. |
| 6) | For the purposes of this regulation and regulation 36, medical unfitness means any physical or mental illness or disability which renders a correctional official unfit for his or her duties or to perform efficiently. |