Implementation of Geneva Conventions Act, 2012
R 385
Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter XV : Offences123. Prohibited publication |
| 1) | No person may publish any account of correctional centre life or conditions that may identify a specific inmate unless the inmate concerned grants permission for such publication. |
| 2) |
| a) | No person may without the permission of the National Commissioner publish any account of an offence for which an inmate or person subject to community corrections is serving a sentence. |
| b) | If, however, the information that is published forms part of the official court record the permission of the sentenced offender or the National Commissioner is not required. |
| 3) | The National Commissioner may refuse such permission only if in his or her opinion the publication may undermine the objective of the implementation of the sentence of incarceration as specified in section 36 or the objectives of community corrections specified in section 50. |
| 4) |
| a) | Any person who is not satisfied with the decision of the National Commissioner to grant or refuse permission in terms of subsections (2) and (3), may within 10 days after being informed of the decision refer the matter to the Minister. |
| b) | The Minister must confirm or set aside the decision. |
| 5) | No inmate or person subject to community corrections may derive profit from, or receive any reward or remuneration directly or indirectly for, any published account of an offence for which an inmate or person subject to community corrections is serving a sentence. |
| 6) | Any inmate or any other person who contravenes subsections (1), (2) or (5) is guilty of an offence and liable on conviction to a fine or, in default of payment, to incarceration for a period not exceeding two years or to such incarceration without the option of a fine or to both such fine and such incarceration. |
| 7) | A Court convicting an inmate or any other person of an offence in terms of this section may, declare any reward or remuneration received by or on behalf of such inmate or person, forfeit to the State. |
