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

Chapter XIV : Public-Private Partnership Correctional Centres

104. Duties and restrictions applying to Contractors

 

1) Subject to limitations in this Act, the Contractor must contribute to maintaining and protecting a just, peaceful and safe society by-
a) enforcing the sentences of the courts in the manner prescribed by this Act;
b) detaining all sentenced offenders in safe custody whilst ensuring their human dignity; and
c) by promoting the social responsibility and the human development of all sentenced offenders.

 

2) Within 21 days after having been notified of the awarding of such contract, the Contractor must apply to the Essential Services Committee established under section 70 of the Labour Relations Act, to have the whole of the service to be provided under the contract declared as an essential service.

 

The Contractor may make correctional centre rules only with the prior permission of the National Commissioner.

 

3) The Contractor may not-
a) take disciplinary action against sentenced offenders or impose penalties on them;
b) be involved in the determination or the computation of sentences;
c) determine at which correctional centre a sentenced offender should be detained;
d) decide upon the placement or release of a sentenced offender;
e) be involved in the implementation of community corrections;
f) grant temporary leave; and
g) subcontract, cede, assign or delegate any of the functions under the contract unless authorised to do so under the contract.