Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Correctional Services Act, 1998 (Act No. 111 of 1998)Regulations for the Administration of the Department of Correctional Services of the Republic of South AfricaChapter IV : Management, Safe Custody and Well Being of Remand Detainees26G Referral of terminally ill or severely incapacitated remand detainee to court |
| 1) | In assessing whether a remand detainee must be referred to court as contemplated in section 49E of the Act the medical practitioner must establish whether the remand detainee is suffering from any condition contemplated in regulation 29A(5). |
| 2) | The report of the medical practitioner shall be in writing and must include, inter alia- |
| a) | a complete medical diagnosis and prognosis of the terminal illness or physical incapacity from which the remand detainee suffers; |
| b) | a statement by the medical practitioner indicating whether the remand detainee is so physically incapacitated as to severely limit daily activity or self-care; |
| c) | the care and treatment required by the remand detainee; |
| d) | whether the particular remand detention facility is able to provide adequate care for the detainee; and |
| e) | if the facility is unable to provide adequate care, reasons as to why the release of the remand detainee should be considered. |
| 3) | The Head of the remand detention facility or correctional centre, as the case may be, may refer the report to the Medical Parole Advisory Board established in terms of section 79(3)(a) of the Correctional Services Act, to provide an independent medical report in order to assist the Head to form an opinion as required by section 49E(1). |
| 4) | Prior to the referral of the remand detainee to court, the Head of the remand detention facility or correctional centre, as the case may be, must determine whether there are other remand detention facilities- |
| a) | able to provide adequate care for the remand detainee; and |
| b) | serve the court where the remand detainee is due to appear. |
| 5) | The written report of the medical practitioner and any report of the Medical Parole Advisory Board, must accompany the sworn statement or affirmation by the Head of the remand detention facility or correctional facility concerned. |
| 6) | An application must be brought with the informed consent of the remand detainee or a person acting on his or her behalf if such remand detainee is too ill or incapacitated to provide such consent. |
