RepealedThis Government Notice was repealed on 22 June 2020 by Directions to Address, Prevent and Combat the Spread of COVID-19 in Correctional Centres and Remand Detention Facilities.
This is the version of this Government Notice as it was when it was repealed.
Disaster Management Act, 2002
Directions regarding correctional centres and remand detention facilities
Government Notice 460 of 2020
- Published in Government Gazette no. 43225 on 9 April 2020
- Assented to on 9 April 2020
- Commenced on 9 April 2020
- [This is the version of this document from 9 April 2020.]
1. DefinitionsIn these directions, a word or expression bears the meaning assigned to it in the Correctional Services Act, 1998 (Act No. 111 of 1998) and in the regulations published on 18 March 2020 by the Minister of Cooperative Government and Traditional Affairs in terms section 27(2) of the Disaster Management Act, 2002, as amended on 25 March 2020, 26 March 2020 and 2 April 2020, respectively, and unless the context otherwise indicates—"Chief Operations Commissioner" means a correctional official designated by the National Commissioner to manage and control all operational matters with the Department;"correctional centre" means any place established under the Correctional Services Act, 1998 (Act No. 111 of 1998) as a place for the reception, detention, confinement, training or treatment of persons liable to detention in custody or to placement under protective custody, and all land, outbuildings and premises adjacent to any such place and used in connection therewith and all land, branches, outstations, camps, buildings, premises or places to which any such persons have been sent for the purpose of incarceration, detention, protection, labour, treatment or otherwise, and all quarters of correctional officials used in connection with any such correctional centre;"Correctional Supervision and Parole Board" means a board appointed by the Minister under section 74 of the CSA;"COVID-19" means the Novel Coronavirus (2019-nCov), which is an infectious disease caused by a virus, which emerged during 2019 and was declared a global pandemic by the World Health Organization during the year 2020 that has previously not been scientifically identified in humans;"Department" means the Department of Correctional Services;"day parole" means a form of community corrections contemplated in section 54 of the CSA;"Head of Centre" means a correctional official designated by the National Commissioner to manage and control a particular correctional centre or remand detention facility;"inmate" means any person, whether convicted or not, who is detained in custody in any correctional centre or remand detention facility or who is being transferred in custody or is en route from one correctional centre or remand detention facility to another correctional centre or remand detention facility;"lockdown" means the period from 23h59 on Thursday, 26 March 2020, until 23h59 on Thursday 16 April 2020, or any extended period to be determined and during which time the movement of persons is restricted;"movement" means entering or leaving a correctional centre or remand detention facility by sentenced offenders and remand detainees;"National Commissioner" means the National Commissioner of Correctional Services as contemplated section 3(3) of the CSA;"parole" means a form of community corrections contemplated in Chapter VI of the CSA;"remand detainee" -(a)Means a person detained in a remand detention facility awaiting the finalisation of his or her trial, whether by acquittal or sentence or is not already serving a prior sentence; and(b)Includes a person contemplated in section 9 of the Extradition Act, 1962 (Act No. 67 of 1962), detained for the purposes of extradition;"remand detention facility" means a place established under the CSA as a place for the reception, detention or confinement of a person liable to detention in custody, all land, branches, outstations, camps, buildings, premises or places to which any such persons have been sent for the purpose of detention, protection, treatment or otherwise, and all quarters used by correctional officials in connection with any such remand detention facility;"sentenced offender" means a convicted person sentenced to incarceration or correctional supervision;"the Regulations" means the regulations issued in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002) and published under Government Notice No. R. 318 in Government Gazette No. 43107 of 18 March 2020, as amended on 25 March 2020, 26 March 2020 and 2 April 2020, respectively. .
2. Restrictions regarding placement, movement and release of inmates
3. Referral of remand detainees to court for review of bail and consideration of length of detentionThe referral of remand detainees to court for consideration of their length of detention and bail review will continue as it assists with the reduction management of the population of remand detainees.
4. Communication between inmates and legal representatives
5. Duration and commencement
History of this Government Notice
22 June 2020
9 April 2020 this versionAssented to by council.Published in Government Gazette no. 43225Government Notice commences.
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