Acts Online
GT Shield

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

Chapter XVI : General

136. Transitional provision

 

(1) Any person serving a sentence for an offence committed before the commencement of Chapters IV, VI and VII is subject to the provisions of the Correctional Services Act,1959 (Act No. 8 of 1959), relating to his or her placement under community corrections, and is to be considered for such release and placement by the Correctional Supervision and Parole Board in terms of the policy and guidelines applied by the former Parole Boards prior to the commencement of those Chapters.

[Section 136(1) substituted by section 3(a) of the Correctional Services Amendment Act 7 of 2021, Notice No. 323, GG44650, dated 1 June 2021 - effective 1 February 2025 per Proclamation Notice 241, GG52016, dated 30 January 2025]

 

(2) For the purposes of considering the placement of such person under community corrections, the relevant authority provided for in this Act will have the power to consider such a placement.

 

(3)

(a) Any sentenced offender serving a sentence of life incarnation for an offence committed before the commencement of Chapters IV, VI and VII is entitled to be considered for day parole and parole after he or she has served 20 years of sentence.

[Section 136(3)(a) substituted by section 3(b) of the Correctional Services Amendment Act 7 of 2021, Notice No. 323, GG44650, dated 1 June 2021 - effective 1 February 2025 per Proclamation Notice 241, GG52016, dated 30 January 2025]

(b) The case of a prisoner contemplated in paragraph (a) must be submitted to the National Council which must make a recommendation to the Minister regarding the placement of the prisoner under day parole or parole.
(c) If the recommendation of the National Council is favourable, the Minister may order that the prisoner be placed under day parole or parole, as the case may be.

 

(4) If a person is sentenced to life imprisonment after the commencement of Chapters IV, VI and VII while serving a life sentence imposed prior to the commencement, the matter must, after the prisoner has served 25 years accumulatively, be referred to the court which imposed the last sentence of life imprisonment for consideration of placement under day parole or parole.