Regulation 785 of 1996

AMENDMENT OF THE CORRECTIONAL SERVICES REGULATIONS

GOVERNMENT NOTICE

DEPARTMENT OF CORRECTIONAL SERVICES

No. R. 785 10 May 1996

CORRECTIONAL SERVICES ACT, 1959

AMENDMENT OF THE CORRECTIONAL SERVICES REGULATIONS

The Minister of Correctional Services has, under section 94 of the Correctional Services Act, 1959 (Act No. 8 of 1959), made the regulations in the Schedule.

SCHEDULE

Definitions

1. In these regulations "the Regulations" means the Correctional Services Regulations published by Government Notice No. R. 2080 of 31 December 1965, as amended by Government Notices Nos. R. 992 of 30 June 1967, R. 441 of 22 March 1968, R. 801 of 10 May 1968, R. 1865 of 11 October 1968, R. 2227 of 6 December 1968, R. 2325 of 20 December 1968, R. 1530 of 18 September 1970, R. 1979 of 13 November 1970, R. 557 of 8 April 1971, R. 1199 of 9 July 1971, R. 53 of 14 January 1972, R. 776 of 12 May 1972, R. 1476 of 25 August 1972, R. 384 of 16 March 1973, R. 922 of 30 May 1973, R. 2368 of 14 December 1973, R. 1842 of 11 October 1974, R. 1311 of 11 July 1975, R. 921 of 28 May 1976, R. 2261 of 3 December 1976, R. 173 of 1 February 1977, R. 607 of 15 April 1977, R. 966 of 3 June 1977, R. 967 of 3 June 1977, R. 968 of 3 June 1977, R. 1047 of 17 June 1977, R. 1199 of 23 June 1977, R. 1584 of 12 August 1977, R. 1731 of 2 September 1977, R. 2094 of 14 October 1977, R. 992 of 19 May 1978, R. 1759 of 1 September 1978, R. 1993 of 6 October 1978, R. 1994 of 6 October 1978, R. 2091 of 21 September 1979, R. 350 of 18 February 1980, R. 1091 of 30 May 1980, R. 1434 of 11 July 1980, R. 832 of 16 April 1981, R. 1933 of 30 August 1985, R. 1229 of 24 June 1988, R. 586 of 31 March 1989, R. 774 of 30 March 1990, R. 2251 of 21 September 1990, R. 2486 of 28 August 1992, R. 3042 of 30 October 1992, R. 1809 of 27 September 1993, R. 537 of 13 April 1995, R. 812 of 7 June 1995 and R. 1140 of 4 August 1995.

Amendment of regulation 15 of the Regulations

2. Regulation 15 of the Regulations is hereby amended by the substitution for subregulation (2) of the following subregulation:

"(2) Whenever a medical practitioner of a member's own choice or a medical practitioner in the service of the State reports that, in his or her opinion, a member has become or is likely to become medically unfit to remain in the service of the Department, such report shall be submitted without delay to the Commissioner, who may decide that such member shall be

(a) discharged as medically unfit for further service;

(b) granted leave of absence;

(d) instructed to resume duty.".

Amendment of regulation 16 of the Regulations

3. Regulation 16 of the Regulations is hereby amended by the substitution for subregulation (1) of the following subregulation:

"(1) Whenever the Commissioner orders a member to submit himself or herself at a given time and place to an examination by a medical board, such a board shall be constituted by an officer authorised by the Commissioner, and the expenditure connected with such examination shall be met from public funds: Provided that such member may, if he or she so desires, arrange at his or her own expense for medical practitioner of his or her own choice to be present at the proceedings of the medical board.".

Amendment of regulation 17 of the Regulations

4. Regulation 17 of the Regulations is hereby amended by the substitution for subparagraph (ii) of paragraph (a) of subregulation (2) of the following subparagraph:

"(ii) a member referred to in subparagraph (i) who has retired or has been discharged from the Department with an annuity and a gratuity, unless otherwise directed by the Commissioner;".

Amendment of regulation 96 of the Regulations

5. Regulations 96 of the Regulations is hereby amended by the substitution for subregulation (4) of the following subregulation:

"(4) The body of a deceased prisoner shall be buried by the prison authorities at a burial place in the area in which he or she died: Provided that the Commissioner may, at his or her discretion, grant authority for

(a) the body of any such deceased prisoner to be handed to the next-of-kin, other relative or a friend for removal and burial at their own expense; or

(b) the body of any such prisoner, in exceptional cases for humanitarian reasons and at the request of the next-of-kin, other relative or a friend, to be transported at State expense to another centre for burial.".

Substitution of regulation 110 of the Regulations

6. The following regulation is hereby substituted for regulation 110 of the Regulations:

"Social services

110. (1) Social work services shall be available to all sentenced prisoners and probationers under the control of the Department who have need of such services, which shall be rendered by a social worker who is duly registered in terms of the Social Work Act, 1978 (Act No. 110 of 1978).

(2) If social work services are not available at a prison and the need for such services arises, the head of the prison shall take the necessary steps to ensure that such services become available.

(3) If social work services are not available at a community corrections office and the need for such services arises, the Head: Community Corrections shall take the necessary steps to ensure that such services become available.

Confidentiality

(4) All social work information on social work files or on any other files regarding prisoners and probationers shall at all times be dealt with as confidential in accordance with the rules issued by the South African Council for Social Work.

Family relationships

(5) The head of prison shall give special attention to the development and maintenance of good familial relationships between prisoners, probationers and parolees and their family members and other relatives.

(6) A commissioned officer or the head of a prison shall convey any important information regarding a prisoner's family, relatives or friends that may come to his or her attention, to the prisoner within a reasonable time.

Notification of admission or transfer of a prisoner

(7) Whenever a prisoner is admitted to or transferred from a prison, the head of the prison shall, unless otherwise requested in writing by the prisoner, notify the next-of-kin or, if particulars of the whereabouts of the next- of-kin are unknown, any of the prisoner's relatives or friends of such admission to or transfer from such prison.

Notification of death, serious illness or injury of a prisoner

(8) The head of prison shall notify the next-of-kin of a prisoner or, if particulars of the whereabouts of the next-of-kin are unknown, any of his or her other relatives of the death or serious illness of the prisoner or of his or her having been seriously injured in an accident or having been declared mentally ill.".