9. Clause
25 - section 25 to be deleted because it is a repetition as it is covered in
section 30(1)(b). the rights of the offender will still be protected in that
all cases have to be reported to the Inspecting Judge, and if the offender
wishes to appeal the decision subsection (7) allows the Inspecting Judge who
will confirm or dismiss the appeal.
The concept of solitary confinement is removed from the Act in order to be in
line with the White Paper
10. Clause 32 - section 32(2) an addition of subsection (6) which will read as
follows "All instances of use of force in terms of subsection (2) &
(3) the Head of Correctional Centre must report the matter to the Inspecting
Judge.
11. Clause 35(b) - section 37(1A)(e) the word "sentence" has
been mistakenly omitted between correctional and plan. In other words the
subsection should read "needs-driven programmes in a structured day and
correctional sentence plan;"
12. Clause 38 - section 40( 1 )(b) the Department would like to remove the word
"market-related" and remain with "skills".
13. Clause 39 - section 41 (2)(a): The word "sentenced" to be
inserted before 'offender', and the word "may" to be changed to
"must" and therefore section will read thus "Sentenced offenders
who are illiterate or children [may] must be compelled to take
part in educational programmes offered in terms of subsection (1)."
14. Clauses to be omitted are the following:
[a] Clause 47(b) - section 52(2)(aA) about the placing offender under house
arrest. The reason for the omission is that it is a duplication as this is
provided for in section 52(1)(a) of the principal Act (and further conditions
may be imposed with this condition).
[b] Clause 24(d) - section 24(d) to be omitted from the Bill and to read as
follows, "By the deletion in subsection (5) of paragraph (d).
[c] Clause 25 - section 25 to be omitted from the Bill and the new clause to
read" By the deletion of section 25 of the principal Act.
[d] Clause 38 - section 40(1)(b) the Department would like to remove the word
"market-related" and remain with "skills".
15. Clause 40 - section 42(2)(d)(vi): The word prisoner to be replaced with
'sentenced offender'. In other words the subsection will read "the
possible replacement of such [prisoner] sentenced offender under
correctional supervision.. . ."
16. Clause 61 - section 77: The word 'inmate' to be replaced by 'sentenced
offender.
17. Clauses 68 to 76 - sections 85 to 93 relating to the Judicial Inspectorate
the following submissions are being made:
17.1 Clause 68 - Chapter IX which is the heading. The submission is that the
amendment which reads as follows in the Bill "[The Judicial
Inspectorate] Office of the Inspector-General for Corrections should
be omitted and be substituted to read "Judicial Inspectorate for
Correctional Services.
17.2 Clause 69 - section 85 to be omitted except for the heading to read as
follows "Establishment of the Judicial Inspectorate for Correctional
Services".
In other words the provisions of this section will remain as they are except
for the name which will now read Judicial Inspectorate for Correctional
Services.
Throughout the Act reference to the Judicial Inspectorate will be changed to
Judicial Inspectorate for Correctional Services.
17.3 Clause 70 - section 86 the Department is withdrawing the amendments made
herein. Therefore the provisions of this section will remain as they are in the
principal Act.
17.4 Clause 71 - section 87 will remain as is in the Bill, i.e. section 87 of
the principal Act is hereby repealed. This relates to the appointment of
Assistants by the Inspecting Judge and will be dealt with in clause 73 -
section 89.
17.5 Clause 72 - section 88 to be omitted from the Bill. In other words the
Department is not changing the provisions of section 88 as it stands in the
principal Act. This section deals with conditions of service of retired judges.
17.6 Clause 73 - section 89 the Department is not withdrawing the amendments of
this section. However, the submission is that the amendments should read as
follows:
17.6.1 The heading [Inspectors and staff] Appointment of staff and
Assistants
17.6.2 Section 89 1 The staff complement of the Judicial Inspectorate for
Correctional Services consists of:
(a) A suitably qualified and experienced person as Chief Executive Officer,
appointed by the Inspecting Judge or seconded from the Public Service, as
contemplated in paragraph (d), for the purpose of assisting the Inspecting
Judge in the performance of all financial, administrative and clerical
functions pertaining to the Office of the Inspecting Judge.
(b) Such staff seconded from the Public Service, as contemplated in paragraph
(d) as may be necessary to enable the Inspecting Judge to perform his or her
functions.
(c) The Inspecting Judge may, in the performance of the functions contemplated
in paragraphs (a) and (b), at his or her request be assisted by officers in the
public service seconded to the service of the Inspecting Judge in terms of any
law regulating such secondment.
(d) The Chief Executive Officer referred to in paragraph (a) shall subject to
the Public Finance Management Act, 1999 (Act No. 81 of 1999)
(i) be charged with the responsibility of accounting for money received or paid
out for or account of the Office of the Inspecting Judge;
(ii) cause the necessary accounting and other related records to be kept; and
(iii) may exercise such powers and shall perform such duties as the Inspecting
Judge may from time to time confer upon him or her and shall in respect thereof
be accountable to the Accounting Officer of the Department.
17.6.3 Section 89(2)(a) Assistants may be appointed by the Chief Executive
Officer on request of the Inspecting Judge as and when such persons are
required to assist the Inspecting Judge with legal, medical, penological or any
other expertise. Such persons to be appointed for a fixed period or until the
completion of a specific task.
17.6.4 Section 89(2)(b) The remuneration of such Assistants will be dealt with
in terms of public service regulations.
17.6.5 Assistants will perform such functions as authorised and directed by
the Inspecting Judge.
17.7 (i) Clause 74 - section 90(7) the amendment should remain as is in the
Bill. In other words the subsection should be deleted. The reason for the
deletion is that the Inspecting Judge does not have a staff to which he or she
can delegate but can authorise the functions to the staff appointed in terms of
section 89 (1) (b) in the Bill.
(ii) Section 90(8) the amendment should remain as is in the Bill because the
provision is catered for in section 89 in the Bill.
15.4 Clause 75 - section 92 relating to the appointment of Independent
Correctional Centre Visitors remains as is in the Bill, except for the
correction of the spelling of the word "Independent" which is spelt
with an "a".
15.5 Clause 76 - section 93 the amendment remains as is in the Bill, i.e.
subsection (8) dealing with the remuneration of Independent Correctional Centre
Visitors is deleted since their remuneration will be dealt with in terms of the
public service regulations.