| (1) |
Segregation of an inmate for a period of time, which maybe 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— |
| (a) |
upon the written request of an inmate; |
| (b) |
to give effect to the penalty of the restriction of amenities imposed in terms of section 24(3)(c), (5)(c) or (5)(d) to the extent necessary to achieve this objective; |
| (d) |
when an inmate displays violence or is threatened with violence; |
| (e) |
if an inmate has been recaptured after escape and there is a reasonable suspicion that such inmate will again escape or attempt to escape; and |
| (2) |
An inmate who is segregated in terms of subsection (1)(b) to (f)— |
| (a) |
must be visited by a correctional official at least once every four hours and by the Head of the Correctional Centre at least once a day; and |
| (b) |
must have his or her health assessed by a registered nurse, psychologist or a correctional medical practitioner at least once a day. |
| (c) |
Segregation must be discontinued if the registered nurse, psychologist or correctional medical practitioner determines that it poses a threat to the health of the inmate. |
| (3) |
A request for segregation in terms of subsection (1)(a) maybe withdrawn at any time. |
| (4) |
Segregation in terms of subsection (1)(c) to (f) may only be enforced for the minimum period that is necessary and this period may not, subject to the provisions of subsection (5), exceed seven days. |
| (5) |
If the Head of the Correctional Centre believes that it is necessary to extend the period of segregation in terms of subsection (1)(c) to (f) and if the correctional medical practitioner or psychologist certifies that such an extension would not be harmful to the health of the inmate, he or she may, with the permission of the National Commissioner, extend the period of segregation for a period not exceeding 30 days. |
| (6) |
All instances of segregation and extended segregation must be reported immediately by the Head of the Correctional Centre to the National Commissioner and to the Inspecting Judge. |
(7)
| (a) |
An inmate who is subjected to segregation must be informed of the right to appeal and may refer the matter to the Inspecting Judge who must decide thereon within 72 hours after receipt thereof. |
| (b) |
The Head of the Correctional Centre or the Head of the Remand Detention Facility must, upon request, provide all relevant information relating to the matter contemplated in paragraph (a) to the Inspecting Judge within 24 hours of receiving the request. |
[Section 30(7) substituted by section 2 of the Correctional Services Amendment Act 14 of 2023, Notice No. 4596, GG50429, dated 3 April 2024 - effective 1 December 2024 per Commencement Proclamation 232, GG51689, dated 29 November 2024]
| (8) |
Segregation must be for the minimum period, and place the minimum restrictions on the inmate, compatible with the purpose for which the inmate is being segregated. |
| (9) |
Except in so far as it maybe necessary in terms of subsection (1)(b) segregation may never be ordered as a form of punishment or disciplinary measure. |
Trade Marks Act, 1993
