Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter II : Introduction3. Establishment, functions and control of Department |
| 1) | The Department of Correctional Services, established by section 7(2) of the Public Service Act, is part of the Public Service, established by section 197 of the Constitution. |
| 2) | The Department must- |
| a) | fulfil the purpose of the correctional system in terms of this Act; |
| b) | as far as practicable, be self-sufficient and operate according to business principles; |
| c) | perform all work necessary for its effective management; and |
| d) | manage remand detainees. |
| 3) | The National Commissioner of Correctional Services is appointed in terms of the Public Service Act, but the conditions of service of the Commissioner are governed by this Act and he or she is also entitled to the privileges of a head of a department which are conferred by the Public Service Act. |
| 4) | The Department consists of the National Commissioner, other correctional officials appointed by the National Commissioner in terms of this Act and other employees appointed in terms of the Public Service Act. |
| 5) | The Department is under the control of the National Commissioner, who must, without derogating from the generality of subsection (2)- |
| a) | determine the fixed establishment of the Department and the number and grading of posts; |
| b) | determine the distribution of the numerical strength of the Department; |
| c) | organise or reorganise the Department at a national or provincial level into various components, units or groups; |
| d) | establish and maintain training institutions or centres for the training of students or correctional officials; |
| e) | award to any person who is or was a correctional official such monetary or other reward for exceptional ability or possessing special qualifications or rendering meritorious service, as is, in his or her opinion, a fitting reward; |
| f) | award a monetary or other reward to any person who performs an act which promotes the interests of the Department; |
| g) | appoint, remunerate, promote, transfer, discipline or dismiss correctional officials in accordance with this Act, the Labour Relations Act and the Public Service Act; and |
| h) | enter into collective agreements as provided for in the Labour Relations Act pertaining to matters within his or her authority. |
| 6) | The National Commissioner and correctional officials must perform the functions of the Department as prescribed in this Act, subject to such policy as the Minister may determine. |