Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter IV : Sentenced Offenders40. Labour of sentenced offenders |
| 1) |
| a) | Sufficient work must as far as is practicable be provided to keep sentenced offenders active for a normal working day and a sentenced offender may be compelled to do such work. |
| b) | Such work must as far as is practicable be aimed at providing such offenders with skills in order to be gainfully employed in society on release. |
| 2) | A sentenced offender may not work or conduct any business on his or her own account. |
| 3) |
| a) | A sentenced offender may elect the type of work he or she prefers to perform, if such choice is practicable and in accordance with an appropriate vocational programme. |
| b) | A child who is a sentenced offender may only do work for the purposes of training aimed at obtaining skills for his or her development. |
| c) | A child who is a sentenced offender may not be subjected to work if the work that is to be performed is inappropriate for the age of the child or if the work places the child’s educational, physical, mental, moral or social well-being at risk. |
| 4) |
| a) | Subject to paragraph (b), the amount of the gratuity that sentenced offenders receive for their labour, the administration of the gratuity and the sentended offenders’ conditions of work must be prescribed by regulation. |
| b) | The amount of the gratuity contemplated in paragraph (a) must be determined by the National Commissioner with the concurrence of the Minister of Finance. |
| 5) | A sentenced offender may never be instructed or compelled to work as a form of punishment or disciplinary measure. |
| 6) | Work performed by a sentenced offender must be in accordance with the principles contained in section 37(1)(b) and the performance thereof will not constitute an employment relationship with the Department. |