Basic Conditions of Employment Act, 1997
R 385
Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter III : Custody of all Inmates under Conditions of Human DignityPart A : General requirements12. Health care |
| 1) | The Department must provide, within its available resources, adequate health care services, based on the principles of primary health care, in order to allow every inmate to lead a healthy life. |
| 2) |
| a) | Every inmate has the right to adequate medical treatment but no inmate is entitled to cosmetic medical treatment at State expense. |
| b) | Medical treatment must be provided by a correctional medical practitioner, medical practitioners or by a specialist or health care institution or person or institution identified by such medical officer except where the medical treatment is provided by a medical practitioner in terms of subsection (3). |
| 3) | Every inmate may be visited and examined by a medical practitioner of his or her choice and, subject to the permission of the Head of Correctional Centre, may be treated by such practitioner, in which event the inmate is personally liable for the costs of any such consultation, examination, service or treatment. |
| 4) |
| a) | Every inmate should be encouraged to undergo medical treatment necessary for the maintenance or recovery of his or her health. |
| b) | No inmate may be compelled to undergo medical intervention or treatment without informed consent unless failure to submit to such medical intervention or treatment will pose a threat to the health of other persons. |
| c) | Except as provided in paragraph (d), no surgery may be performed on an inmate without his or her informed consent, or, in the case of a minor, without the written consent of his or her legal guardian. |
| d) | Consent to surgery is not required if, in the opinion of the medical practitioner who is treating the inmate, the intervention is in the interests of the inmate’s health and the inmate is unable to give such consent, or, in the case of a minor, if it is not possible or practical to delay it in order to obtain the consent of his or her legal guardian. |
