Clause 1
1. On page 10, in line 48, to omit "88" and substitute "87".
2. On page 12, in line 13, to omit "104" and substitute "103".
3. On page 12, in line 18, to omit "106" and substitute "105".
4. On page 12, in line 24, to omit "75" and substitute "74".
5. On page 12, in line 26, to omit "77" and substitute "76".
6. On page 12, in line 32, to omit "55" and substitute "54".
7. On page 12, in line 35, to omit "109" and substitute "108".
8. On page 12, in line 37, to after "24" insert ", or where such official is not available a correctional official specially trained in the conduct of disciplinary hearings of prisoners".
9. On page 12, in line 46, to omit "60" and substitute "59".
10. On page 12, in line 47, to omit "93" and substitute "92".
11. On page 12, in line 48, to omit "87" and substitute "86".
12. On page 12, in line 49, to omit "104" and substitute "103".
13. On page 12, in line 13, to omit "86" and substitute "85".
14. On page 142, in line 13, to omit "84" and substitute "83".
15. On page 14, in line 27 to omit "116 and 118" and substitute "115 and 117".
16. On page 16, in line 14, to omit "59" and substitute "58".
17. On page 16, in line 16, to omit "113" and substitute "112".
18. On page 16, in line 19, to omit "95 and substitute "94".
Clause 3
1. On page 16, in line 42, to omit "upon him or her".
Clause 5
1. On page 18, in line 32, to omit "(2)" and substitute "(2)(a)".
2. On page 18, after line 35 to add the following subparagraph:
(b) If there is no prison in a district a prisoner may be detained in a police cell but not for a longer period than one month unless authorised by the Commissioner.
Clause 21
1. On page 26, in line 42, to omit "94" and substitute "93".
Clause 27
1. On page 32, in line 3 to omit "urine or other excretion" and substitute "body tissue or body excretion".
2. On page 32, in lines 19, to omit all the words after "(d)" up to and including "Prison" in line 24.
3. On page 32, in line 19, to add, after "(d): "searches contemplated in & subsections (1) and (2) must be authorised by the Head of Prison but searches in terms of subsection (2)(b), (c), (d) and (e) must be executed or supervised by a registered nurse, medical officer, or medical practitioner depending on the procedure necessary to effect the search.
Clause 30
1. On page 34, in line 9, to omit all the words after "(a)" up to and including "officer." in line 11.
2. On page 34, in line 9, after "(a)" to add:
A prisoner who is segregated in terms of subsection (1) (b) to (f) must be visited at least once every four hours by a correctional official, once a day by the Head of Prison, and his or her health assessed once a day by a registered nurse, psychologist or a medical officer.
3. On page 34, after line 14 to omit all the words from and including "(c)" up to and including "psychologist" in line 16.
Clause 31
1. On page 34, in line 37, to omit "or".
2. On page 34, in line 37, to omit "the Head of Prison has" and to substitute "there is".
3. On page 34, in line 38, to omit "the Head of Prison may order that a prisoner be restrained" and to substitute "a correctional official may restrain a prisoner by mechanical restraints as prescribed by regulation".
4. On page 34, to renumber sub-clause "31(1)" to "31(1)(a)" and add a new subparagraph "(6)" after line 39:
(b) Mechanical restraints may only be used for the minimum period necessary.
5. On page 34, in line 40, to omit "shackles" and to substitute "mechanical restraints".
6. On page 34, in line 42 and 43, to omit all the words after "3(a)" up to and including "days" in line 43, and to substitute the following:
When a prisoner is in solitary confinement or in segregation and mechanical restraints are used it must be authorised by the Head of Prison and the period may not, subject to the provisions of paragraph (b), exceed seven days.
7. On page 34, in line 45, to renumber Clause (4) to (c) so that it becomes subparagraph 3(c), and in line 48, to renumber sub-clause (5) to (d) so that it becomes subparagraph 3(d).
8. Renumber the present sub-clause (6) to (4).
Clause 33
1. On page 36, in the line 24, to after "Prison" add "or the Head of Community Corrections".
Clause 34
1. On page 36, in line 37, to after "Prison" add "or the Head of Community Corrections".
Clause 39
1. On page 40, in line 18, after "custody" to insert, "extradited in terms of the Extradition Act, 1962 (Act no. 67 of 1962) and returns to the Republic".
2. On page 40, after line 45, to add a new sub clause:
(6) (a) After the Commissioner is satisfied, that a prisoner has been released from a prison erroneously he or she may issue a warrant for the arrest of such a prisoner td' be readmitted to prison to serve the rest of his or her sentence.
(b) A warrant issued in terms of subsection 6(a) may be executed by any peace officer as defined in section 1 of the Criminal Procedure Act.
Must be enquiry if not adhering to the principle
Clause 40
1. On page 40, in line 48, to after "day" insert, "and a prisoner may be compelled to do such work".
2. On page 40, after line 56, to add a new sub clause (6):
A prisoner may be compelled to do such work normal working day and prisoners who is provided with such work may be compelled to do such work.
(6) Work performed by a prisoner must be in accordance with the principles contained in section 37(1) (b) and the performance thereof will not constitute an employee relationship with the Department.
Clause 43
1.On page 44, after line 22, add a new sub-clause:
(4) The Commissioner may, in consultation with the Director-General of the Department of Welfare, transfer a sentenced child to a reform school as contemplated in the Child Care Act, 1983 (Act 74 of 1983) and from that date the provisions of section 290 of the Criminal Procedure Act, will be applicable.
Clause 44
1.On page 44, in line 42, to omit "118" and substitute "117"
Clause 45
1. On page 44, in line 47, to omit "56 (3)" and substitute "55 (3)".
Clause 51
1. On page 46, in line 34, after "276(1)(i)" to insert "276A(3)(a)(ii),".
2. On page 46, in line 39, to omit "55" and substitute "54".
3. On page 46, in line 40, to omit "74" and substitute "73".
Clause 52
1. On page 48, in line 31, to omit "74" and substitute "73".
2. On page 48, in line 37, to omit "55" and substitute "54".
Clause 54
1. On page 50, in line 4, to omit "118" and substitute "117".
Clause 56
1. On page 50, in line 34, to omit "practitioner" and substitute "officer".
Clause 59
1. On page 52, in line 30, to omit "53 (1)(a)" and substitute "52 (1)(a)".
Clause 61
1. On page 52, in line 47, to omit "53 (1)(a)" and substitute "52 (1)(a)".
Clause 62
1. On page 54, in line 3, to omit "53 (1)(d)" and substitute "52 (1)(a)".
Clause 63
1. On page 54, in line 12, to omit "53 (1)(e)" and substitute "52 (1)(e)".
Clause 64
1. On page 54, in line 20, to omit "53 (1)(f)" and substitute "52 (1)(f)".
Clause 65
1. On page 54, in line 32, to omit "53 (1)(h)" and substitute "52 (1)(h)".
Clause 66
1. On page 54, in line 40, to omit "53 (1)(j)" and substitute "52 (1)(j)".
2. On page 54, in line 50, to omit "71" and substitute "70".
Clause 67
1. On page 56, at line 4, to omit "practitioner" and substitute "officer".
Clause 67
1. On page 56, in line 3, to omit "53 (1)(k)" and substitute "52 (1)(k)".
Clause 68
1. On page 56, in line 8, to omit "53 (1) (p)" and substitute "52 (1)(p)".
Clause 69
1. On page 56, in line 15, to omit "53 (1)(q) and substitute "52 (1)(q)".
2. On page 56, in line 20, to omit "53 (1)(f) and substitute "52 (1)(I)".
Clause 71
1. On page 58, in line 4, to omit "71 (1)(c) and substitute "52 (1)(c)".
Clause 73
1. On page 58, in line 46, to omit "half of".
Clause 75
1. On page 62, in line 28, to omit "53" and substitute "52".
2. On page 62, in line 34, to omit "53" and substitute "52".
3. On page 62, in line 37, to omit "53" and substitute "53".
4. On page 64, in line 29, to omit "53" and substitute "52".
5. On page 62, at line 36, to omit "parole or day parole" and to substitute "day parole or parole".
Clause 77
1. On page 64, in line 54, to omit "76" and substitute "75".
Clause 78
1. On page 66, in line 10, to omit "74" and substitute "73".
2. On page 66, in line 12, to omit "53" and substitute "52
3. On page 66, in line 17, to omit "74" and substitute "73".
Clause 80
1. On page 66, in line 34 and 35, to omit ", or to a person subject to community corrections,".
Clause 81
1. On page 66, in line 44, after "of the" to insert "approved".
2. On page 66, in line 49, to omit "76" and substitute "75".
Clause 82
1. On page 68, in line 5, to omit "may".
Clause 84
1. On page 68, in line 52 to 55 to omit all the words after sub-clause (2) from "(3)" up to including "Act".
Clause 96
1. On page 76, in line 36, after "on" to insert "level of".
Clause 97
1. On page 78, in line 5 to omit "134" and substitute "133".
Clause 102
1. On page 80, in line 32, after "Act," to insert "which include mechanical restraints, non-lethal incapacitating devices, fire-arms and other weapons,"
Clause 104
1. On page 82, in line 16, to add "an" after "as".
2. On page 82, in line 20, to omit "measures" and substitute "action".
3. On page 82, in line 20, to omit "punishment" and substitute "penalties".
4. On page 82, in line 26, to omit "be entitled to".
Clause 107
1. On page 82, in line 48, to omit "108" and substitute "109".
Clause 108
1. On page 84, in line 9, to omit "107" and substitute "106".
Clause 110
1. On page 84, in line 37, to omit "105" and substitute "104".
Clause 123
1. On page 92, at line 35 to line 47, to omit the whole Clause and substitute:
(1) No person may publish any account of prison life or conditions that may identify a specific prisoner unless the prisoner concerned grants permission for such publication.
(2) (a) No person may without the permission of the Commissioner publish any account of an offence for which a prisoner or person subject to community corrections is serving a sentence.
(b) If however the information that is published forms part of the official court records the permission of the prisoner or the Commissioner is not required.
(3) The Commissioner may refuse such permission only if in his or her opinion the publication may undermine the objective of the implementation of the sentence of imprisonment as specified in section 36 or the objectives of community corrections specified in section 50.
(4) Any person who is not satisfied with the decision of the Commissioner to grant or refuse permission in terms of subsections (2) and (3) may within 10 days after being informed of the decision refer the matter to the Inspecting Judge. The Inspecting Judge must confirm the decision or set aside the decision.
(5) No prisoner or person serving community corrections may profit from, or receive directly or indirectly any reward or remuneration for, any account of an offence for which a prisoner or person subject to community corrections is serving a sentence.
(6) Any prisoner or any other person who contravenes subsections (1), (2) or (5) of this section is guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding two years or to such imprisonment without the option of a fine or both.
(7) A Court convicting prisoner or any other person of an offence in terms of this section may declare any remuneration received by or on behalf of such prisoner or person forfeit to the State.
Clause 132
1. On page 98, after line 19, to add a new Clause 133:
Agreements for articles, supplies and services
133(1) All departments of the Public Service must as far as practicable purchase articles and supplies manufactured by prisoner labour from the Department at fair and reasonable prices to be determined by the Minister of Finance.
(2) The Commissioner may authorise specific services necessary or expedient and in the public interest or in the interest of any deserving charity to be rendered gratuitously.
Clause 133
1. On page 100, after line 13, to add a new subparagraph:
(x) the permissible mechanical restraints and the manner in which they may be used; (Renumber subparagraphs accordingly).
2. On page 100, after line 20, to add a new subparagraph:
(dd) the entering into contracts for the labour or services of provisions or the products of their labour or services; (Renumber the rest 6f the subparagraphs accordingly).
3. On page 100, in line 48, to after "particular prison" add "or community corrections office".
4. On page 100, in line 48, to after "particular prison" insert "or community corrections office" and after "such prison" to insert "or community corrections office".
5. On page 100, in line 49 and 50, to omit "Portfolio Committee on Correctional Services" and to substitute "relevant Parliamentary Committees dealing with the Department in both Houses
Clause 136
1. On page 102, after line 8 to add a new sub, clause:
(3) Different dates may be fixed for the repeal of different provisions of the Correctional Services Act, 1959 (Act no. 8 of 1959), by the President by proclamation in the Gazette.
Clause 135
1. On page 102, in line 1, to add new Clause 135:
Transitional provision.
135(1) Any person serving a sentence immediately before the commencement of this Act will be subject to the provisions of the Correctional Services Act, 1959 (Act no.8 of 1959) relating to his or her placement under community corrections.
(2) For the purposes of considering the placement of such person under community corrections the relevant authority provided for in this Act will have the power to consider such a person.