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

Chapter III : Custody of all Inmates under Conditions of Human Dignity

Part C : Security

31. Mechanical restraints

 

(1) If it is necessary for the safety of an inmate or any other person, or the prevention of damage to any property, or if a reasonable suspicion exists that an inmate may escape, or if requested by a court, a correctional official may restrain an inmate by mechanical restraints as prescribed by regulation.

 

(2) An inmate may not be brought before court whilst in mechanical restraints unless authorised by the court.

 

(3)

(a) When an inmate is in segregation and mechanical restraints are to be used, such use of mechanical restraints must be authorised by the Head of the Correctional Centre and the period may not, subject to the provisions of paragraphs (b) and (c), exceed seven days.
(b) Mechanical restraints may only be used for the minimum period necessary and this period may not, subject to the provisions of paragraph (c), exceed seven days.
(c) The National Commissioner may extend such period for a maximum period not exceeding 30 days after consideration of a report by a correctional medical practitioner or psychologist.
(d) All cases of the use of mechanical restraints must be reported immediately by the Head of the Correctional Centre to the National Commissioner and to the Inspecting Judge.

 

(4) [deleted by the Correctional Services Amendment Act, 2008 (Act No. 25 of 2008)]

 

(5)

(a) An inmate who is subjected to such restraints must be informed of the right to appeal and may appeal against the decision 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 31(5) substituted by section 3 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]

 

(6) 1Mechanical restraints in addition to handcuffs or leg-irons may only be used on inmates when outside their cells.