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

Chapter XI. Internal Service Evaluation and Eradication and Prevention of Corruption

95D. Mandatory reporting obligations of Department of Inspecting Judge

 

(1) The Head of the Correctional Centre or the Head of the Remand Detention Facility, or any official of the Department must immediately, after becoming aware, report all instances and notify the Inspecting Judge of—
(a) any deaths of inmates in correctional centres in terms of section 15(2);
(b) segregation and extended segregation of inmates in terms of section 30(6);
(c) the use of mechanical restraints in terms of section 31(3)(d);
(d) the use of force in correctional centres and remand detention facilities in terms of section 32(6);
(e) assault of an inmate by a correctional official;
(f) assault of a correctional official by an inmate;
(g) any act constituting torture or cruel, inhuman or degrading treatment or punishment;
(h) any sexual violations;
(i) any hunger strikes;
(j) any attempted suicides;
(k) any escape of an inmate; and
(l) matters related to dishonest practices or corrupt activities in correctional centres or remand detention facilities.

 

(2) The Head of the Correctional Centre or the Head of the Remand Detention Facility, or any official of the Department must within 24 hours after notifying the Inspecting Judge in terms of subsection (1), submit a written report to the Inspecting Judge in the prescribed form and manner on the matters contemplated in subsection (1)(a) to (l).

 

(3) The Inspecting Judge may investigate or instruct the National Commissioner or request any appropriate authority to investigate any matter contemplated in subsection (1).

 

[Section 95D inserted by section 6 and 7 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]