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

Correctional Services

THIS REPORT REPLACES THE REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES PUBLISHED IN ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS No. 117 – 2011 ON 14 SEPTEMBER 2011, P2864.

1. REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON THE DRAFT REGULATIONS MADE IN TERMS OF THE CORRECTIONAL SERVICES ACT (ACT 111 OF 1998) DATED 14 SEPTEMBER 2011

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

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’) on Wednesday, 24 August 2011. On 31 August 2011 the Committee received a briefing by the Department of Correctional Services (DCS) on the proposed amendments.

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 Services Act, Act 111 of 1998 and relate to the processes and procedures to follow when considering and administering medical parole. These regulations were submitted to Parliament for approval. All other regulations were submitted in terms of section 134 (5) of the Correctional Services Act, 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”.

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 and the Judicial Inspectorate for Correctional Services.

2. RECOMMENDATIONS

The Committee raised no serious reservations about the proposed amendments and recommends as below.

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 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 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 by the House. 

Report to be considered