Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter VII : Release from a Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole74. Correctional Supervision and Parole Boards |
1) | The Minister may- |
a) | name each Correctional Supervision and Parole Board; |
b) | specify the seat for each Board; |
c) | determine and amend the area of jurisdiction of each Board. |
2) | The Minister must appoint one or more Correctional Supervision and Parole Boards consisting of- |
a) | a chairperson; |
b) | a vice-chairperson; |
c) | [deleted by the Correctional Services Amendment Act, 2001 (Act No. 32 of 2001)]. |
d) | [deleted by the Correctional Services Amendment Act, 2001 (Act No. 32 of 2001)]. |
e) | one official of the Department nominated by the National Commissioner; and |
f) | two members of the community. |
3) | The National Commissioner must designate the correctional official referred to in subsection (2)(e) to act as a secretary for a Board. |
4) | If the chairperson is absent from a meeting of the Board, the vice-chairperson must preside at that meeting. |
5) | Three members constitute a quorum for a meeting of a Board and must include the chairperson or vice-chairperson. |
6) | Any decision of a Board must be taken by resolution of the majority of the members present at any meeting of that Board and, in the event of equality of votes, the person presiding shall have the casting vote as well as a deliberative vote. |
7) |
a) | A member of a Board- |
i) | holds office for such period and on such conditions as the Minister may determine; and |
ii) | may at any time resign by tendering written notification to the Minister. |
b) | The Minister may remove a member from office on grounds of misbehaviour, incapacity or incompetence but such action by the Minister does not preclude disciplinary action against officials in the full-time service of the State as provided for in their conditions of service. |
c) | If any member resigns, is removed from office or dies, the Minister may fill the vacancy by appointing a person in accordance with subsection (1) for the unexpired portion of the term of office of the predecessor. |
7A) |
a) | A Board may co-opt an official nominated by the National Commissioner of the South African Police Service or an official nominated by the Director-General of the Department of Justice, or both such officials, for a meeting of the Board. |
b) | Any such co-opted official may vote at the meeting of the Board. |
8) | A member of a Board who is not in the full-time service of the State, may receive such remuneration and allowances as the National Commissioner may, on the recommendation of the Department of Public Service and Administration, determine. |