Correctional Services Amendment Bill

The Select Committee on Security and Justice invites you to submit written submissions on the Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75).

The Correctional Services Amendment Bill [B 32 - 2020] (National Assembly – Section 75) seeks to:
▪  amend the Correctional Services Act, 1998, so as to amend a certain definition; to insert, delete and amend certain provisions related to parole of offenders; and to provide for matters connected therewith.

Comments can be emailed to Mr G Dixon at [email protected] by no later than Friday, 16 April 2021.

Issued by Hon. S Shaikh, MP, Chairperson: Select Committee on Security and Justice.

Background
 The review of the Correctional Services Act, 1998 (Act No. 111 of 1998) (‘‘the principal Act’’), was necessary in view of the following: (a) The President assigned the portfolios of the Department of Justice and the Department of Correctional Services under one Minister. Consequently, this necessitates an amendment to the definition of ‘Minister’ in the principal Act to accord with this decision. (b) The Constitutional Court in the judgment dated 3 May 2019 of Oupa Chipane Phaahla v the Minister of Justice and Correctional Services & Others (Case CCT 44/18) (‘‘Phaahla judgment’’) found certain sections of the principal Act to be unconstitutional and ordered that those sections be amended within a period of twenty four months (24) from the date of the order. The relevant sections of the principal Act must therefore be amended in compliance with the Phaahla judgment. (c) The Constitutional Court in the Phaahla judgment declared sections 136(1) and 73(6)(b)(iv) of the principal Act to be inconsistent with sections 9(1) and 35(3)(n) of the Constitution of the Republic of South Africa, 1996 (‘‘the Constitution’’), and ordered that section 136(1) be amended to apply parole regimes on the basis of the date of the commissioning of an offence, and not on the date of sentencing as provided in the principal Act. (d) Section 136(1) of the principal Act is a transitional provision, and the Constitutional Court ordered that this section should read as follows: ‘‘Any person serving a sentence of incarceration for an offence committed before the commencement of Chapters IV, VI and VII of the Correctional Services Act is subject to the provisions of the Correctional Services Act, 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.’’. (Our underlining) (e) For the purpose of the practical application of the principal Act and in light of the Phaahla judgment, certain provisions of the principal Act require amendments.