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

Regulations for the Administration of the Department of Correctional Services of the Republic of South Africa

Chapter III : Sentenced Offenders

23. Labour of sentenced offenders

 

1) Prisoners must, in accordance with the prevailing conditions, at the workplace, at all times be issued with the necessary protective clothing, footwear and other items that may be necessary to protect their health and safety.

 

2)
a) The National Commissioner may contract with any institution or person for the utilisation of the labour or service of prisoners upon such terms and conditions as may be agreed between the parties.
b) The products of the labour or service in a correctional centre may be sold to any person on such conditions as may be determined by the National Commissioner.
3)
a) Every sentenced offender must, subject to the provisions of the Act, and also subject to any order of the court, be utilised and trained in such manner as the National Commissioner may determine.
b) Such a prisoner must at all times perform labour, tasks and other duties as may be assigned to him or her for the purpose of such utilisation or training or for any other purpose connected with such correctional centre.

 

4) A sentenced offender may not work more than 8 hours a day, unless the National Commissioner, in terms of a classification scheme or course of treatment or otherwise, order that a prisoner be exempted from work on any day during any period.

 

5) A prisoner may not perform work for another prisoner, a correctional official or a private person or body without the approval of the National Commissioner.

 

6)
a) On Sundays or other religious days of rest, with reference to the faith to which an inmate adheres to, an inmate may only perform that work which is prescribed by the Order and which is essential for cleanliness and hygiene in and around the Correctional Centre where he or she is detained, and work which is essential to provide for the basic needs of the correctional centre population and for the purposes of animal production.
b) [deleted by the Amendment of the Correctional Services Regulations, 2004 (Notice No. 143 of 2012)].
c) A prisoner may on the days referred to in paragraph (a) and (b) be allowed to perform other work as prescribed by the Order.
d) A prisoner must be exempted from one day of compulsory work for each day’s work as described in paragraph (a), (b) and (c) above or be compensated in such other way as prescribed by the Order.

 

7) If the nature of a specific place of work is in conflict with the religion or culture of a prisoner an alternative workplace must be allocated to the prisoner.