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Correctional Services Act, 1998 (Act No. 111 of 1998)

Chapter XV : Offences

118. Giving or receiving money or other consideration

 

1) No correctional or custody official and no other person acting for or employed by him or her may directly or indirectly-
a) sell, supply or derive any benefit or advantage from the sale or supply of any article to or for the use of any inmate or correctional centre; or
b) have an interest in any contract or agreement for the sale or supply of any such article.

 

2) No correctional official may directly or indirectly-
a) have any pecuniary interest in the purchase of any supplies for the use of the Department or receive any discounts, gifts or other consideration from contractors for or sellers of such supplies;
b) except for the purposes of the execution of official duties, have any pecuniary dealing with an inmate or with any other person relating to an inmate; or
c) on behalf of any inmate, have any unauthorised communication with any person.

 

3) Except for the payment of fines or for goods purchased in accordance with regulations made in terms of this Act, no money or other consideration shall, on any pretext whatsoever, be payable, paid, given or promised by or on behalf of any inmate, either before, during or after serving a correctional centre sentence or being placed under community corrections to any correctional or custody official or other person in the service of the Department or in the employ of a Contractor.

 

4) Except as envisaged in subsection (3), no correctional or custody official or other person in the service of the Department or in the employ of a Contractor may enter into any business transaction with an inmate or pay, receive or demand any money or other consideration or undertake any service instead of receiving money or other consideration.

 

5) Any person who contravenes any provision of this section is guilty of an offence and liable on conviction to a fine or, in default of payment, to incarceration for a period not exceeding two years, or to such incarceration without the option of a fine, or both.