ATC110914: Report Proposed amendments to the Correctional Services Regulations, 2004

Correctional Services

REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON THE AMENDMENT OF THE CORRECTIONAL SERVICES REGULATIONS, 2004 DATED 14 SEPTEMBER 2011

 

The Portfolio Committee on Correctional Services, having considered the proposed amendments to the Correctional Services Regulations, 2004, reports as follows:

 

1.         PROCESS

 

1.1               The draft amendments to the 2004 regulations of the Correctional Services Act were tabled in Parliament on 15 August 2011 and referred to the Portfolio Committee on Correctional Services (‘the Committee’) and the Select Committee on Security and Constitutional Affairs on Wednesday, 24 August 2011. On 31 August 2011 the Committee received a briefing by Department of Correctional Services on the proposed amendments.

 

1.2               The amendments seek to align the Correctional Services Act regulations with the 2008 amendments to the principal act, and the Correctional Matters Amendment Act (Act 5 of 2011). Regulations 29A and 29B were made under section 79(8) of the Correctional Matters Amendment Act and relate to the processes and procedures to follow when considering and administering medical parole.  These regulations were now submitted to Parliament for approval. All other proposed amendments were submitted to Parliament in terms of section 134 (5) of the Correctional Services Act 111 of 1998, which states that “the Minister must refer proposed regulations to the relevant Parliamentary Committees in both Houses dealing with the Department”. These do not require parliamentary approval.

 

1.3               The Committee invited all those who commented on the Correctional Matters Amendment Bill to submit written comments on the proposed amendments. Comment was received from the Omega Research Foundation and the Institute for Security Studies (ISS) Arms Management programme, as well as the Judicial Inspectorate for Correctional Services,

 

 

2.         RECOMMENDATIONS

The Committee raised no serious reservations about the proposed amendments and recommends as follows:

2.1        Amendment of Regulation 8: The DCS should ensure that cellphones are not only prohibited, but also impossible to use within correctional centres. If technology that disables cellphones so that they cannot be used at all is available, it should be invested in,so as to ensure that there are no security breaches.

 

2.2        Amendment of Regulation 26H: The DCS should ensure that where remand detainees are under the supervision of the South African Police Service, whether for purposes of investigation, or because there is no correctional or remand detention centre in the vicinity, a service level agreement be entered into so as to ensure that, at no point during their detention, remand detainees’ right to services is violated.

 

2.3        Regulations 29A and 29B: The regulations relate to the administration and consideration of medical parole, and the establishment and composition of the Medical Advisory Board, and were developed in consultation with the South African Medical Association. The Committee recommends that they be approved.

 

Report to be considered