| (1) |
When a court sentences a person to imprisonment for— |
| (a) |
murder or any other offence which involves the intentional killing of a person; |
| (b) |
rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; |
| (c) |
robbery where the wielding of a fire-arm or any other dangerous weapon or the infliction of grievous bodily harm or the robbery of a motor vehicle is involved; |
| (d) |
sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; |
| (f) |
any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (e); or |
it shall inform—
| (ii) |
in the case of murder or any other offence contemplated in paragraph (a), any immediate relative of the deceased, |
if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board.
[Section 299A(1) substituted by section 48 of Act No. 7 of 2013]
| (2) |
If the complainant or a relative intends to exercise the right contemplated in subsection (1) by making representations to or attending a meeting of the parole board, he or she has a duty— |
| (i) |
to inform the Commissioner of Correctional Services thereof in writing; |
| (ii) |
to provide the said Commissioner with his or her postal and physical address in writing; and |
| (iii) |
to inform the said Commissioner in writing of any change of address. |
| (3) |
The Commissioner of Correctional Services shall inform the parole board in question accordingly and that parole board shall inform the complainant or relative in writing when and to whom he or she may make representations or when and where a meeting will take place. |
(4)
| (a) |
The Commissioner of Correctional Services must issue directives regarding the manner and circumstances in which a complainant or relative contemplated in subsection (1) may exercise the right contemplated in that subsection. |
| (b) |
Directives issued under paragraph (a) must be published in the Gazette. |
| (c) |
Before the directives issued under paragraph (a) are published in the Gazette, the Commissioner of Correctional Services must submit them to Parliament, and the first directives so issued, must be submitted to Parliament within three months of the commencement of this section. |
| (d) |
Any directive issued under paragraph (a) may be amended or withdrawn in like manner. |
[Section 299A inserted by section 6 of Act No. 55 of 2003]
Housing Development Agency Act, 2008
