PROPOSED SELECT COMMITTEE AMENDMENTS
TO
CORRECTIONAL SERVICES AMENDMENT BILL
[BILL32B-2007]
----------------------------------------------
CLAUSE 1
1.
On page 2, from
line 13, to omit paragraph (b).
2.
On page 3 , from
line 31, to omit paragraph (h) and to substitute the following:
(h) by the substitution for the definition of disability of the following
definition:
disability
means a physical, mental,
intellectual or sensory impairment which prevents a person having such an
impairment from operating in an environment developed for persons without such
an impairment;
mechanical restraints means a device which
limits or prevents freedom of physical movement.
3.
On page 3, in
line 39, after [Prison], to insert the.
4.
On page 4, from
line 6, to omit paragraph (t).
5.
On page 4, in line
11, to omit sentenced prisoners and to substitute sentenced prisoner.
6.
On page 4, in line
13, to omit offenders and to substitute offender.
CLAUSE 4
Clause rejected
CLAUSE 5
Clause rejected
NEW CLAUSE
That
the following be the new clause:
Amendment of section 5 of Act 111 of
1998, as amended by section 4 of Act 32 of 2001
4. Section 5 of the principal Act is hereby amended-
(a) by the substitution in subsection (1) for
paragraphs (a), (b) and (c) of the following paragraphs, respectively:
(a) the detention and treatment of [prisoners] inmates;
(b) particular
purposes in relation to [prisoners] inmates;
or
(c) particular
categories of [prisoners] inmates..
(b) by the substitution in subsection (2) for
paragraph (b) of the following paragraph:
(b) If
there is no prison in a district [a
prisoner] an inmate may be detained in a police cell but not for a
period longer than one month unless a longer period is authorised by the National
Commissioner..
CLAUSE 6
Clause rejected
NEW CLAUSE
That
the following be the new clause:
Amendment of section 6 of Act 111 of
1998, as amended by section 5 of Act 32 of 2001
5. Section 6 of the principal Act is hereby amended-
(a)
by the substitution in subsection (3) for the words preceding paragraph (a) of
the following words:
On admission, [a prisoner] an inmate must be informed promptly of his or
her right to
(b) by the substitution in subsection (4) for
paragraphs (a) and (b), respectively, of the following paragraphs:
(a) On admission [a prisoner] an inmate must be
provided with written information in a language which he or she understands
about the rules governing the treatment of the [prisoners] inmates in his or her category, the disciplinary
requirements, the authorised channels of communication for complaints and
requests and all such other matters as are necessary to enable him or her to
understand his or her rights and obligations.
(b) If
[a prisoner] an inmate is
illiterate, a correctional official must explain this written information to
the prisoner inmate if
necessary through an interpreter..
CLAUSE 7
1.
On page 5, in
line 11, after The, to insert National.
2.
On page 5, in
line 13, after The, to insert National.
CLAUSE 8
Clause rejected.
NEW CLAUSE
That the following be the new clause:
Amendment of section 8 of Act 111 of
1998
7. Section
8 of the principal Act is hereby amended by the substitution for subsection (4)
of the following subsection:
(4) The medical officer may order a variation
in the prescribed diet for [a prisoner]
an inmate and the intervals at which the food is served, when such a
variation is required for medical reasons..
CLAUSE 9
Clause rejected.
CLAUSE 10
Clause rejected.
CLAUSE 11
Clause rejected.
CLAUSE 12
Clause rejected.
NEW CLAUSE
Amendment of section 12 of Act 111 of
1998, as amended by section 8 of Act 32 of 2001
8. Section 12 of the principal Act is hereby amended by
the substitution in subsection (4) for paragraph (c) of the following paragraph:
(c) Except
as provided in paragraph (d), no surgery may be performed on [a prisoner] an inmate without
his or her informed consent, or, in the case of a minor, [with] without the written consent of his or her legal
guardian..
CLAUSE 13
Clause rejected.
NEW CLAUSE
That the following be the new clause:
Substitution of section 13 of Act 111 of 1998
9. The following section is
hereby substituted for section 13 of the principal Act:
Contact with community
13
(1) The Department must encourage [prisoners] inmates to maintain contact with the community
and enable them to stay abreast of current affairs.
(2) The
Department must give [prisoners] inmates
the opportunity, under such supervision as may be necessary, of communicating
with and being visited by at least their spouses or partners, next of kin,
chosen religious counsellors and chosen medical practitioners.
(3) In
all circumstances, a minimum of one hour must be allowed for visits each month.
(4) If
[a prisoner] an inmate is not
able to receive visits from his or her spouse, partner or next of kin, the [prisoner] inmate is entitled to
be visited by any other person each month.
(5) [A prisoner] An inmate who is a
foreign national must be allowed to communicate with the appropriate diplomatic
or consular representative or, where there is no such representative, with a
diplomatic representative of the state or international organisation whose task
it is to protect the interests of such [prisoner]
inmate.
(6) (a) On
admission to a [prison] correctional
centre and after transfer to another [prison]
correctional centre, [a prisoner] an inmate must
notify his or her next of kin that he or she is being detained in a particular [prison] correctional centre,
and if
(i) the next of kin [are]
is unknown, the [prisoner]
inmate may notify any other relative;
(ii) the
[prisoner] inmate does not
wish to notify his or her next of kin, the [prisoner]
inmate must indicate this to the Head of [Prison] the Correctional Centre.
(b) The
National Commissioner must ensure that all reasonable steps are taken to
enable [a prisoner] an inmate
to notify his or her next of kin in terms of paragraph (a) and, if necessary,
steps must be taken to notify his or her next of kin on his or her behalf.
(c) (i) In
the case of [a prisoner] an
inmate who is a child, the National Commissioner must notify the
appropriate state authorities who have statutory responsibility for the
education and welfare of children as well as the parents of [the prisoner] such child when
this is required in terms of paragraph (a).
(ii) If
no parent is available, the National Commissioner must notify the legal
guardian and if the legal guardian is not available the next of kin or other
relative must be notified.
(iii) [A prisoner] An inmate who is a
child may not refuse to allow notification.
(d) If
requested by the spouse, partner or next of kin, the National
Commissioner must as soon as practicable, with the written consent of the [prisoner] inmate, give
particulars of the place where the [prisoner]
inmate is detained.
(7) (a) The National Commissioner
may allow community organisations, non-governmental organi
(b) The organisations or denominations referred to in paragraph (a),
must be registered with the Department and members thereof may be screened by
the National Commissioner before they can be allowed to interact with sentenced
offenders..
CLAUSE 14
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 14 of Act 111 of
1998
10. Section 14 of the principal Act is hereby amended by the substitution for
subsections (1) and (2), respectively, of the following subsections:
(1) [A prisoner] An inmate must be
allowed freedom of conscience, religion, thought, belief and opinion.
(2) [A prisoner] An inmate may
attend religious services and meetings held in the [prison] correctional centre freely and voluntarily and may
have in his or her possession religious literature..
CLAUSE 15
Clause rejected.
NEW CLAUSE
That the following be the new clause:
Amendment of section 15 of
Act 111 of 1998
11. Section 15 of the principal Act is hereby amended by
the substitution for subsection (1) of the following subsection:
(1) Where
[a prisoner] an inmate dies
and a medical practitioner cannot certify that the death was due to natural
causes, the Head of [Prison] the
Correctional Centre must in terms of section 2 of the Inquests Act, 1959
(Act No. 58 of 1959), report such death..
CLAUSE 17
1.
On page 6, in
line 44, after [Prison], to insert the.
CLAUSE 18
Clause rejected.
CLAUSE 19
Clause rejected.
CLAUSE 21
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 21 of
Act 111 of 1998, as amended by section 11 of Act 32 of 2001
14. Section
21 of the principal Act is hereby amended by the substitution for subsections
(3),(4), and (5), respectively, of the following subsections:
(3) If [a prisoner] an inmate is not
satisfied with the response to his or her complaint or request, the [prisoner] inmate may indicate
this together with the reasons for the dissatisfaction to the Head of [Prison] the Correctional Centre
,who must refer the matter to the [Area
Manager] National Commissioner.
(4) The
response of the [Area Manager] National
Commissioner must be conveyed to the [prisoner]
inmate.
(5) If
not satisfied with the response of the [Area
Manager] National Commissioner, the [prisoner] inmate may refer the matter to the [Independant Prison] Independent
Correctional Centre Visitor, who must deal with it in terms of the
procedures laid down in section 93..
CLAUSE 22
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 22 of
Act 111 of 1998
15. Section 22 of the principal Act is hereby amended by the substitution
for subsection (2) of the following subsection:
(2) In case of any
conviction in a court of law for an offence committed by a person whilst [a prisoner] an inmate, the
Department, on the strength of such conviction, may without any further inquiry
take disciplinary action in terms of this Act..
CLAUSE 23
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 23 of
Act 111 of 1998
16. Section 23 of the principal Act is hereby amended -
(a)
by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words:
[A prisoner] An inmate commits a disciplinary infringement
if he or she
(b)
by the for subsection (2) of the following subsection:
(2) [A prisoner] An inmate who assists, conspires with or
incites another person to contravene a provision of subsection (1) commits a
disciplinary infringement..
CLAUSE 24
1.
On page 7, from line 39, to omit
paragraph (a).
2. On page 7, in line 43, after [Prison],
to insert the.
3. On page 7, after line 45, to insert the
following paragraph:
(b)
by the substitution in subsection (4) for the words preceding paragraph (a) of
the following words:
At a hearing before a disciplinary
official [a prisoner] an inmate .
4. On
page 8, from line 5, after [solitary confinement], to omit detention
in a single cell and to substitute a penalty contemplated in
subsection 5(d).
CLAUSE 26
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 26 of
Act 111 of 1998, as amended by section 13 of Act 32 of 2001
19. Section 26 of the principal Act is hereby amended by the substitution in
subsection (2) for paragraph (a) of the following paragraph:
(a) search
the person of [a prisoner] an
inmate, his or her property and the place where he or she is in custody and
seize any object or substance which may pose a threat to the security of the [prison] correctional centre or
of any person, or which could be used as evidence in a criminal trial or
disciplinary proceedings;.
CLAUSE 27
1. On
page 8, after line 17, to insert the following paragraphs:
(a) by the substitution for subsection (1) of
the following subsection:
(1) The
person of [a prisoner] an inmate
may be searched by a manual search, or search by technical means, of the
clothed body..
(b) by the substitution in subsection (2) for the
words preceding paragraph (a) of the following words:
Upon
reasonable grounds, the person of [a
prisoner] an inmate may be searched in the following ways:.
(c) by the substitution in subsection (2) for
paragraphs (d) and (e) of the following paragraphs:
(d) a search by the use of an X-ray machine
or technical device, by a qualified technician, if there are reasonable grounds
for believing that [a prisoner] an
inmate has swallowed or excreted any object or substance that may be needed
as an exhibit in a hearing or may pose a danger to himself or herself or to
correctional officials or to the security of the [prison] correctional centre; and
(e) by detaining [a prisoner] an inmate for the recovery by the normal
excretory process of an object that may pose a danger to that [prisoner] inmate, to any
correctional official, to any other person or to the security of the [prison] correctional centre..
(d) by the
substitution in subsection (3) for the words preceding paragraph (a) of the
following words:
A
search of the person of [a prisoner]
an inmate contemplated in subsection (2) is subject to the following
restrictions:.
4. On
page 8, in line 25, to omit ; and and to substitute ..
6. On
page 8, from line 26, to omit paragraph (b).
CLAUSE 28
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 28 of
Act 111 of 1998, as amended by section 15 of Act 32 of 2001
21. Section 28 of the principal Act is hereby amended -
(a)
by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words:
To ensure safe custody the
following steps may be taken to identify [a
prisoner] an inmate:.
(b) by the substitution for subsection (3) of
the following subsection,
(3) If as a result of
ascertaining the age of [a prisoner] an
inmate in terms of subsection (1) (e) or for any other reason it
appears to the Head of [Prison] the
Correctional Centre that the courts determination of the age of the said prisoner is incorrect, the Head of [Prison] the Correctional Centre
may remit the case to the court concerned for a reappraisal of the [prisoners] inmates age..
CLAUSE 30
1. On
page 8, after line 41, to insert the following paragraph:
(a)
by the substitution in subsection (1) for the words preceding paragraph (a) of
the following words:
Segregation
of [a prisoner] an inmate for
a period of time, which may be for part of or the whole day and which may
include detention in a single cell, other than normal accommodation in a single
cell as contemplated in section 7 (2) (e), is permissible.
2. On
page 8, from line 42, to omit paragraph (b) of the following paragraph and to
substitute paragraphs (a), (b), (d) and (e) of the following paragraphs,
respectively.
3. On
page 8, after line 43, to insert:
(a)
upon the written request of [a prisoner]
an inmate;.
4. On
page 8, in line 46, to omit ..
5. On
page 8, after line 46, to insert:
(d) when [a
prisoner] an inmate displays violence or is threatened with
violence;
(e) if [a
prisoner] an inmate has been recaptured after escape and there is a
reasonable suspicion that such [prisoner]
inmate will again escape or attempt to escape; and.
6. On
page 8, from line 47, to omit paragraph (b) and to substitute the following
paragraphs:
(c) by the substitution in subsection
(2) (a) for the words preceding subparagraph (i) of the following words:
[A prisoner] An inmate who is segregated in terms of
subsection (1) (b) to (f)
(d) by the substitution for
subsection (7) of the following subsection:
(7) [A prisoner] An inmate who is
subjected to segregation may refer the matter to the Inspecting Judge who must
decide thereon within 72 hours after receipt thereof..
CLAUSE 31
1. On page 9, after line 3, to insert the
following:
(a) by the substitution for
subsection (1) of the following subsection:
(1) If it is
necessary for the safety of [a prisoner]
an inmate or any other person, or the prevention of damage to any
property, or if a reasonable suspicion exists that [a prisoner] an inmate may escape, or if requested by a
court, a correctional official may restrain [a prisoner] an inmate by mechanical restraints as
prescribed by regulation..
2. On page 9, from line 20, to omit
paragraph (e) and to substitute the following:
(f) by the substitution for
subsections (5) and (7) of the following subsections:
(5) [A prisoner] An inmate who is
subjected to such restraints may appeal against the decision to the Inspecting
Judge who must decide thereon within 72 hours after receipt thereof.
(7) Mechanical
restraints in addition to handcuffs or leg-irons may only be used on [prisoners] inmates when outside
their cells..
CLAUSE 32
1. On
page 9, in line 28, to omit minimum and to substitute minimum.
CLAUSE 35
1. On
page 10, in line 13, to omit [sentenced prisoner] and to
substitute sentenced [prisoner]
2.
On page 10, in
line15, after furnish to insert sentenced.
3.
On page 10, in
line 23, to omit inmates and to substitute sentenced offenders.
4.
On page 10, in
line 24, after programmes, to insert for sentenced offenders.
5.
On page 10, in
line 28, to omit inmates and substitute sentenced offenders.
6.
On page 10,
after line 30, to insert the following paragraph:
(c)
by the substitution for subsection (4) of the following subsection:
(4) In
addition to the general purpose stated in section 22, the disciplinary system
for sentenced [prisoners] offenders
shall have the particular aim of promoting self-respect and responsibility on
the part of [the prisoner] such
offenders..
CLAUSE 36
1. On
page 10, in line 36, to omit sentenced offender and to substitute offender
CLAUSE 37
1.
On page 11, from
line 8, to omit by the substitution in subsection (6) for paragraph (a) of the
following paragraph and to substitute -
2.
On page 11,
after line 9, to insert the following paragraphs:
(a) by the substitution in subsection (2) for paragraph (b)
of the following paragraph:
(b)
In the case of the imposition of more than one period of [imprisonment] incarceration, the non-parole period or
periods, fixed by the court must be served consecutively before a [prisoner] sentenced offender
becomes eligible for parole..
(b) by the
substitution for subsection (3) of the following subsection:
(3)
The date of expiry of any sentence of [imprisonment]
incarceration being served by a [prisoner]
sentenced offender who escapes from lawful custody extradited in terms
of the Extradition Act, 1962 (Act No. 67 of 1962), and returns to the Republic
or who is unlawfully discharged is postponed by the period by which such
sentence was interrupted..
(c) by the substitution in subsection (5) for paragraphs
(d), (e) and (f) of the following paragraphs, respectively:
(d) If
a person sentenced to correctional supervision or [parolee] a person
under community corrections is sentenced to periodical imprisonment, the sentence of periodical
imprisonment and the correctional
supervision or parole, as the case may be, must be served simultaneously, unless the court directs otherwise.
(e) If
a person sentenced to correctional supervision or [parolee] a person
under community corrections is served with a warrant of d detention for contempt of court, the
correctional supervision or parole,
as the case may be, must be postponed for the period specified in the warrant of detention.
(f) If
a [parolee] a person under
community corrections is sentenced
to imprisonment for an offence committed before the commencement of the parole, the parole must be regarded as cancelled and the matter be referred to
the Correctional Supervision and
Parole Board concerned for consideration..
(d) by the substitution in subsection (6)
for paragraph (a) of the following
paragraph:.
CLAUSE 38
1.
On page 11, from
line 21, after providing to omit the offender and to substitute
such offenders.
CLAUSE 39
1.
On page 11, in
line 48, after Act, to insert 111 of
2.
On page 12, in
line 4, to omit must and to substitute [may] must
CLAUSE 40
1.
On page 12, in
line 31, to omit [sentenced prisoner] and to
substitute sentenced [prisoner].
2.
On page 12, in
line 35, to omit twelve and to substitute [twelve] 24.
3.
On page 12, in
line 36, to omit sentenced.
4.
On page 12, in
line 48, to omit sentenced.
5.
On page 12, from
line 51, to omit sentenced.
6.
On page 12, in
line 57, to omit the [prisoner]
and to substitute [the prisoner]
7.
On page 12, in
line 58, to omit sentenced and to substitute such an..
8.
On page 13, in
line 1, to omit the [prisoner] sentenced
and substitute and [the prisoner] such
an.
9.
On page 13, from
line 3, to omit the [prisoner] sentenced
and to substitute [the prisoner] such
an.
10. On page 13, in line 9, to omit sentenced and
substitute an.
11. On page 13, in line 25, to omit Commission
and to substitute Commissioner.
CLAUSE 41
1.
On page 13, in
line 39, to omit a sentenced and to substitute an.
2.
On page 13, in
line 40, to omit the [prisoner] sentenced
and to substitute [the prisoner] such
an.
3.
On page 13, in
line 43, before Correctional Centre, to insert the.
4.
On page 13, in
line 30, to omit and (3) and to substitute , (3) and (4).
5.
On page 13, in line 43, to omit .
6.
On page 13, after line 43, to insert:
(4) The
National Commissioner may, in consultation with the Director-General of
the Department of [Welfare] Social
Development, transfer a [sentenced
child] a sentenced offender who
is a child to a reform school as contemplated in the Child Care Act, 1983
(Act No. 74 of 1983), and from the date of such transfer, the provisions of
section 290 of the Criminal Procedure Act will apply..
CLAUSE 43
1.
On page 14, in
line 14, to omit the[prisoner] sentenced and to
substitute [the prisoner] such an.
CLAUSE 44
On page 14, in line 22, to omit [prison]
correctional centre clothes and to substitute [prison clothes] prescribed sentenced
offenders dress.
CLAUSE 46
On page 14, in line 45, after centre,, to insert [prisoners].
CLAUSE 48
Clause rejected.
CLAUSE 51
On page 15, in line 47, to omit medical officer
and to substitute correctional medical [officer] practitioner.
CLAUSE 55
1.
On page 16, in
line 36, to omit [a sentenced prisoner] a sentenced and to
substitute [prisoner] a sentenced.
2.
On page 17, from
line 8, to omit National Council
after taking into consideration the incarceration framework contemplated in
section 73A and after having been ratified by the Minister and to
substitute Minister.
3.
On page 17, in
line 15, to omit sentenced and to substitute an.
4.
On page 17, from
line 19, to omit after taking into consideration the incarceration framework
contemplated in terms of section 73A and after having been ratified by the
Minister and to substitute in terms of section 73A.
5.
On page 17, from
line 28, to omit after taking into consideration the incarceration
framework contemplated in terms of section 73A and after having been ratified
by the Minister and to substitute in terms of section 73A.
6.
On page 17, from
line 34, to omit after taking into consideration the incarceration
framework contemplated in terms of section 73A and after having been ratified
by the Minister and to substitute in terms of section 73A.
7.
On page 17, from
line 41, to omit after taking into consideration the incarceration
framework contemplated in terms of section 73A and after having been ratified
by the Minister and to substitute in terms of section 73A.
8.
On page 17, from
line 51, to omit after taking into consideration the incarceration
framework contemplated in terms of section 73A and after having been ratified
by the Minister and to substitute in terms of section 73A.
9.
On page 18, from
line 4, to omit after taking into consideration the incarceration framework
contemplated in terms of section 73A and after having been ratified by the
Minister and to substitute in terms of section 73A.
10. On page 18, from line 15, to omit after taking
into consideration the incarceration framework contemplated in terms of section
73A and after having been ratified by the Minister and to substitute in
terms of section 73A.
11. On page 18, from line 28, to omit after taking
into consideration the incarceration framework contemplated in terms of section
73A and after having been ratified by the Minister and to substitute in
terms of section 73A.
CLAUSE 56
1.
On page 18, from
line 40 to line 41, after must, to delete in the manner prescribed
by the regulations made in terms of and substitute as contemplated in
2.
On page 18, in
line 43, before offenders, to insert sentenced.
3.
On page 18, in
line 45, to omit and after having been ratified by the Minister.
4.
On page 18, in
line 59, to omit ..
5.
On page 18,
after line 59, to insert the following:
(4)
The incarceration framework must be ratified by the Minister.
(5) The incarceration framework together
with any subsequent amendments thereto
must, before it takes effect, be submitted to the relevant Parliamentary
Committees on Correctional Services for approval..
CLAUSE 58
1. On page 19, in line 30, to omit the [prisoner]
sentenced and to substitute [the prisoner] such
an.
6.
On page 20, from
line 1, to omit paragraph (g) and to substitute the following paragraph:
(g) By the substitution for subsection (5) of the
following subsection:
(5) If,
after the Board has approved a [prisoner]
sentenced offender being placed under correctional supervision or be
granted day parole or parole, and, prior to the implementation of the decision
of the Board, the Case Management Committee reports to the Board that the
circumstances of [the prisoner] such
an offender have changed to such an extent that it is not advisable to
implement the decision, the implementation shall be deferred until the Board
authorises it..
CLAUSE 61
1.
On page 20, in line 24, to omit the second or and to substitute [or] and.
CLAUSE 63
1. On page 21, in line 6, after [a
prisoner] a, to omit sentenced offender and substitute person.
CLAUSE 64
1. On page 21, in line 20, after or, to
insert a.
CLAUSE 65
1.
On page 21, from
line 28, to omit by the substitution in subsection for paragraphs (a) and (b),
respectively, of the following paragraphs: and to substitute -
2.
On page 21,
after line 29, to insert the following:
(a) by
the substitution in subsection for paragraphs (a) and (b), respectively, of the
following paragraphs:.
3. On page
21, after line 35, to insert:
(b) by
the substitution for subsection (2) of the following subsection:
(2) Nothing
in this Act affects the power of the President to pardon or reprieve sentenced
offenders..
CLAUSE 66
1. On page 21, in line 46, to omit (i)
and to substitute (i).
CLAUSE 68
1.
On page 22, from
line 13, to omit sentenced offenders and to substitute inmates.
CLAUSE 70
1. On page 22, in line 27, to omit of
the Department.
CLAUSE 71
1.
On page 22, from
line 45, to omit as may be and to substitute when
2.
On page 22, in line
46, to omit from time to time.
CLAUSE 73
1.
On page 23, from
line 22, to omit Inspector-General for Correctional Services and to substitute
Inspecting Judge.
CLAUSE 80
Clause rejected.
NEW CLAUSE
That
the following be the new clause:
Amendment of section 99 of Act 111 of
1998
80. Section 99 of the principal Act is hereby amended by
the substitution for subsection (5) of the following subsection:
(5) The National
Commissioner may permit any person other than those mentioned in subsections
(1) to (4) to visit [a prisoner] an
inmate, a [prison] correctional
centre or any specific section of a [prison]
correctional centre for any special or general purpose..
CLAUSE 82
Clause
rejected.
CLAUSE 83
Clause
rejected.
NEW CLAUSE
That the following be the new clause:
Amendment of section 106 of Act 111 of 1998
83. Section 83 of the principal
Act is hereby amended by the substitution in subsection (2) for paragraph (c)
of the following paragraph:
(c) apply approved mechanical means of
restraint contemplated in section 31 to a [prisoner] sentenced
offender detained in
[a single cell] segregation
for a period not exceeding 30 days;.
NEW CLAUSE
That the following be the new clause:
Amendment of section 113 of Act 111 of 1998
84. Section 113 of the
principal Act is hereby amended by the substitution for paragraph (e) of the
following paragraph:
(e) incites or induces [a prisoner] an
inmate to contravene a lawful rule, order, a regulation or a provision of
this Act,.
CLAUSE 84
Clause rejected.
NEW CLAUSE
That the following be the new clause:
Amendment of section 115 of Act 111 of 1998
84. Section 115 of the
principal Act is hereby amended by the substitution for paragraphs (b) and (c),
respectively, of the following paragraphs:
(b) assists [a prisoner] an inmate
in escaping or attempting to escape from any prison or from any place
where he or she may be in custody;
(c) for the purpose of facilitating the
escape of any [prisoner] inmate, supplies or agrees to supply or
assists, incites or induces any other person to supply [a prisoner] an
inmate with any document, disguise or any other article;.
CLAUSE 85
Clause rejected.
NEW CLAUSE
That the following be the new clause:
Substitution of section 116 of Act 111 of 1998
85. The following section is
hereby substituted for section 116 of the principal Act:
Unauthorised
removal of [prisoner] inmate from [prison] correctional centre
Any person who, without lawful authority,
removes [a prisoner] an inmate
or allows him or her to leave the [prison]
correctional centre, or place where such [prisoner] inmate is in custody, is guilty of an offence and
liable on conviction to a fine, or in default of payment, to imprisonment for a
period not exceeding eight years or to imprisonment without the option of a
fine or both..
CLAUSE 86
Clause rejected.
CLAUSE 87
Clause rejected.
NEW CLAUSE
That the following be the new clause:
Amendment of section 118 of Act 111 of 1998
87. Section 118 of the
principal Act is hereby amended by the substitution in subsection (2) for
paragraph (b) of the following paragraph:
(b) except for the purposes of the execution
of official duties, have any pecuniary dealing with [a prisoner] an
inmate or with any other person relating to a prisoner; or.
CLAUSE 88
Clause rejected.
CLAUSE 89
Clause rejected.
CLAUSE 90
Clause rejected.
CLAUSE 91
1.
On page 26, after
line 36, to insert the following paragraph:
(a) by the substitution in subsection (2) for paragraph (a)
of the following paragraph:
(a) No
person may without the permission of the National Commissioner publish
any account of an offence for which [a
prisoner] an inmate or person subject to community corrections is
serving a sentence..
2.
On page 27, from
line 1, to omit paragraph (b) and to substitute the following:
(c)
by the substitution for subsection (7) of the following subsection:
(7) A
Court convicting [a prisoner] an
inmate or any other person of an offence in terms of this section may
declare any reward or remuneration received by or on behalf of such [prisoner] inmate or person,
forfeit to the State..
CLAUSE 92
1.
On page 27, in
line 6, before offender, to insert sentenced.
CLAUSE 94
1.
On page 27, from line 25, to omit paragraph (a).
2.
On page 27, from line 33, to omit paragraphs (c) to (g).
3.
On page 27, from line 50, to omit paragraph (i)
4.
On page 27, from line 53, to omit paragraph (j) and to substitute the
following:
(j) by the substitution in subsection (2) for paragraphs (m)
and (n) , respectively, of the following paragraphs:
(m) the
recording of identification particulars of [a prisoner] an inmate;
(n) the taking of the fingerprints and
photographs of [a prisoner]
an inmate for identification purposes;.
5.
On page 28, from line 1, to omit paragraphs (k) and (l).
CLAUSE 95
1.
On page 28, from
line 20, to omit paragraphs (a) and (b).
CLAUSE 97
1.
On page 28, from
line 38, to omit by the substitution for the words specified in Column 1,
wherever they occur, of the words specified opposite thereto in Column 2 and
to substitute -.
2.
On page 28,
after line 39, to insert the following:
(a)
by the substitution for the words specified in Column 1, wherever they occur,
of the words specified opposite thereto in Column 2..
3.
On page 28, in
line 41, to omit the second Area and to substitute National
4.
On page 28, in
line 44, after the second of, to insert the.
5.
On page 28, in
line 48, to omit Inspecting Judge Inspector-General
for Correctional Services.
6.
On page 28, in
line 51, to omit Judicial Inspectorate Office of the Inspector-General.
7.
On page 29,
after line 6, to insert the following paragraph:
(b) by the substitution for the words specified in Column
1, wherever they occur in the sections specified in Column 2, of the words
specified in Column 3.
Column 1 |
Column 2 |
Column 3 |
prisoner or prisoners |
Sections 4 to 24, 26 to 34, 99, 101, 115 to 123,
134 (1)(a),(b),(c),(e),(f), (g)(h),(i),(j),(k),(l),(n),(o),(Oa) (Ob),(r),(s), (2)(a),(b),(j),(k),(w), and (y), |
inmate or inmates |
prisoner or prisoners |
Sections 37 to 45, 54, 73, 75, 80, 81, 82,104,106,133,
134(1)(p),(t),(bb),(cc),(ee), (x), and 136(2) and (3). |
sentenced offender or sentenced offenders |