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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

34. Firearms

 

1) A firearm may only be issued to a correctional official on the authority of the Head of Correctional Centre or the Head of Community Corrections.

 

2) A firearm may only be used by a correctional official specifically trained in its use.

 

3) Firearms may only be used as a last resort and then only-
a) in self-defence;
b) in defence of any other person;
c) to prevent an inmate from escaping; or
d) when the security of the correctional centre or the safety of inmates or other persons is threatened.

 

4) Before a firearm is fired, the following procedure must be adhered to, if circumstances permit:
a) A verbal waning must be given;
b) if the warning is of no effect, a warning shot must be fired;
c) if the warnings are of no effect, the line of fire should be directed in such a manner that the probable result will not be a fatal injury.

 

5) Weapons equipped for firing rubber-type ammunition may only be issued to trained correctional officials and then only for training purposes or during emergency situations.

 

6)
a) Rubber-type ammunition may as a general rule only be fired at a distance of more than 30 metres from a person.
b) If such ammunition is fired at less than 30 metres from a person, the line of fire must be directed at the lower body of the person.
c) Rubber-type ammunition may not be fired within a building.

 

7) Whenever a firearm is used, its use must be reported in writing and as prescribed by regulation