| a) | a remand detainee is, based on the written advice of the medical practitioner treating that person, suffering from a terminal disease or condition or if such detainee is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care; |
| b) | the remand detention facility or correctional centre in question cannot provide adequate care for such detainee; and |
| c) | there are appropriate arrangements for the remand detainee's supervision, care and treatment within the community to which the inmate is to be released, |
that Head may apply to the court concerned, in the manner set out in this section, for the release of such detainee.
| a) | An application contemplated in subsection (1) must be lodged in writing with the clerk of the court, and must- |
| i) | contain a sworn statement or affirmation by the Head of the remand detention facility or correctional centre concerned to the effect that he or she is satisfied that the conditions stipulated in subsection (1) have been met; and |
| ii) | contain a written certificate by the Director of Public Prosecutions concerned, or a prosecutor authorised thereto by him or her in writing whether the prosecuting authority opposes the application or not. |
| b) | The remand detainee and his or her legal representative, if any, must be notified of an application referred to in subsection (1). |
| 3) | The National Commissioner may, in consultation with the National Director of Public Prosecutions, issue directives regarding the procedure to be followed by a Head of a remand detention facility or correctional centre, as the case may be, and a Director of Public Prosecutions whenever it is necessary to bring an application contemplated in subsection (1). |
