Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter VIII : National Council for Correctional Services83. Structure of National Council |
| 1) | The Minister must appoint a National Council. |
| 2) | The National Council consists of- |
| a) | three judges of the Supreme Court of Appeal of South Africa or of the High Court of South Africa appointed after consultation with the Chief Justice; |
| b) | a magistrate of a regional division appointed after consultation with the chairperson of the Magistrates Commission; |
| c) | a director or Deputy Director of Public Prosecutions appointed after consultation with the National Director of Public Prosecutions; |
| d) | two members of the Department, of or above the rank of director, appointed after consultation with the National Commissioner; |
| e) | a member of the South African Police Service, of or above the rank of director, appointed after consultation with the National Commissioner of the South African Police Service; |
| f) | a member of the Department of Welfare, of or above the rank of director, appointed after consultation with the Director-General of Welfare; |
| g) | two persons with special knowledge of the correctional system who are not in full-time service of the State; and |
| h) | four or more persons, not in the full-time service of the State, appointed as representatives of the public in consultation with the relevant Parliamentary Committees. |
| 3) |
| a) | Members of the National Council hold office for such period as the Minister determines at the time of their appointment. |
| b) | If there are valid grounds for doing so, the Minister may terminate the appointment of a member. |
| 4) | The Minister must appoint one of the judges referred to in subsection (2)(a) as chairperson and the other two as vice-chairpersons of the National Council. |
| 5) | The majority of members of the National Council constitute a quorum for a meeting of the Council. |
| 6) | A decision of majority of the members of the National Council present shall be a decision of the Council and in the event of an equality of votes, the member presiding at the meeting shall have both a deliberative and the casting vote. |
| 7) | A member of the National Council who is not in the service of the State may receive such allowances as may be determined by the National Commissioner in consultation with the Minister of State Expenditure. |