Implementation of Geneva Conventions Act, 2012
R 385
Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter III : Custody of all Inmates under Conditions of Human DignityPart B : Discipline24. Procedures and penalties |
| 1) | Disciplinary hearings must be fair and may be conducted either by a disciplinary official a Head of Correctional Centre or an authorised official. |
| 2) |
| a) | A hearing before a Head of the Correctional Centre or the authorised official must be conducted informally and without representation. |
| b) | At such hearing the inmate must be informed of the allegation against him or her, whereupon the inmate has the right to refute the allegation. |
| c) | The proceedings of a hearing contemplated in paragraph (a) must be recorded in writing by a correctional official. |
| 3) | Where the hearing takes place before the Head of the Correctional Centre or the authorised official, the following penalties may be imposed severally or in the alternative: |
| a) | A reprimand; |
| b) | a loss of gratuity for a period not exceeding one month; |
| c) | restriction of amenities for a period not exceeding seven days. |
| 4) | At a hearing before a disciplinary official an inmate- |
| a) | must be informed of the allegation in writing; |
| b) | has the right to be present throughout the hearing, but the disciplinary official may order that the accused inmate be removed and that the hearing continue in his or her absence if, during the hearing, the accused inmate acts in such a way as to make the continuation of the hearing in his or her presence impracticable; |
| c) | has the right to be heard, to cross-examine and to call witnesses; |
| d) | has the right to be represented by a legal practitioner of his or her choice at his or her own expense, unless a request to be represented by a particular legal practitioner would cause an unreasonable delay in the finalisation of the hearing in which case the inmate may be instructed to obtain the services of another legal practitioner; and |
| e) | has the right to be given reasons for the decision. |
| 5) | Where the hearing takes place before a disciplinary official, the following penalties may be imposed severally or in the alternative: |
| a) | a reprimand; |
| b) | a loss of gratuity for a period not exceeding two months; |
| c) | restriction of amenities not exceeding 42 days; |
| d) | in the case of serious or repeated infringements, segregation in order to undergo specific programmes aimed at correcting his or her behaviour, with a loss of gratuity and restriction of amenities as contemplated in paragraphs (b) and (c). |
| 6) | The penalties referred to in subsections (3) and (5) may be suspended for such period and on such conditions as the presiding official deems fit. |
| 7) |
| a) | At the request of the inmate proceedings resulting in any penalty other than a penalty contemplated in subsection 5(d) must be referred for review to the National Commissioner. |
| b) | The National Commissioner may confirm or set aside the penalty and substitute an appropriate order for it. |
