PROPOSED SELECT COMMITTEE AMENDMENTS
TO
CORRECTIONAL SERVICES AMENDMENT BILL
[BILL 32B-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;
3.
On page 3, in
line 39, after [Prison], to insert the.
4.
On page 3, after
line 51, to insert the following paragraph:
(m) by the insertion after the definition of management area of the following
definition:
mechanical restraints means
a device which limits or prevents freedom of physical movement.
5.
On page 4, from
line 6, to omit paragraph (t).
6.
On page 4, in line
11, to omit sentenced prisoners and to substitute sentenced prisoner.
7.
On page 4, in line
13, to omit offenders and to substitute offender.
CLAUSE 4
1. Clause
rejected.
CLAUSE 5
1. Clause
rejected.
NEW CLAUSE
1. 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
1. Clause
rejected.
NEW CLAUSE
1. That the following be a 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
1. Clause
rejected.
NEW CLAUSE
1. 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
1. Clause rejected.
CLAUSE 10
1. Clause rejected.
CLAUSE 11
1. Clause rejected.
CLAUSE 12
1. 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
1. Clause
rejected.
NEW CLAUSE
1. That
the following be a 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 organisations and religious denominations or organisations to
interact with sentenced offenders in order to facilitate the rehabilitation and
integration of the offenders into the community.
(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
1. Clause
rejected.
NEW CLAUSE
1. That the following be a 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
1. Clause
rejected.
NEW CLAUSE
That
the following be a 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
1. Clause
rejected.
CLAUSE 19
1. Clause
rejected.
CLAUSE 21
1. Clause
rejected.
NEW CLAUSE
1. 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
1. Clause
rejected.
NEW CLAUSE
1. 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
1. Clause
rejected.
NEW CLAUSE
1. 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
1. Clause
rejected.
NEW CLAUSE
1. That the following be a 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:.
2. On
page 8, in line 25, to omit ; and and to substitute ..
3. On
page 8, from line 26, to omit paragraph (b).
CLAUSE 28
1. Clause
rejected.
NEW CLAUSE
1. That the following be a 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 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
1. On
page 14, in line 22, to omit [prison] correctional centre
clothes and to substitute [prison clothes] prescribed sentenced offenders dress.
CLAUSE 46
1. On page 14, in line 45, after centre,, to insert [prisoners].
CLAUSE 48
1. Clause
rejected.
CLAUSE 51
1. 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 omit in the manner prescribed by regulations made in
terms of section 134 (1) (kkI), and
2. On page
18, in line 42, after which, 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 and must be published in the Gazette.
(5) Before the incarceration framework together
with any subsequent amendments thereto is published in the Gazette in terms of subsection (4), the National Council must,
submit it 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.
2. 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
1. Clause
rejected.
NEW CLAUSE
1. That the following be a 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
1. Clause rejected.
CLAUSE 83
1. Clause rejected.
NEW CLAUSE
1. That
the following be a 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
1. That
the following be a 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
1. Clause
rejected.
NEW CLAUSE
1. That
the following be a 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
1. Clause
rejected.
NEW CLAUSE
1. That
the following be a 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
1. Clause
rejected.
CLAUSE 87
1. Clause
rejected.
NEW CLAUSE
1. That
the following be a 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
1. Clause
rejected.
CLAUSE 89
1. Clause
rejected.
CLAUSE 90
1. 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).
6. On page 28, from line 9, to omit paragraph
(n).
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 |