Prisons Amendment Act 4 of 1972

The Prisons Amendment Act 4 of 1972 intends:

• to amend the provisions of the Prisons Act, 1959, relating to special warders, trial by commissioned officers of certain contraventions by members of the Prisons Service and special warders and the payment of sales duties in respect of canteens at prisons; and
• to provide for incidental matters.

(Afrikaans text signed by the State President.)
(Assented to 2nd March, 1972.) 

Be it enacted by the State President; the Senate and the House of Assembly of the Republic of South Africa, as follows:-

Substitution for "special warder" of "temporary warder"in Act 8 of 1959.

1. The Prisons Act, 1959 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the expression "special warder" wherever it occurs of the expression "temporary warder".

Amendment of section 9 of Act 8 of 1959

2. Section 9 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsections:

"(2) Any commissioned officer who has been retired on pension and who thereafter is appointed as a special warder in terms of subsection (1), may be vested with the powers, functions and responsibilities of a commissioned officer, and if he is so vested, he shall, subject to the conditions referred to in subsection (1), be deemed to be a commissioned officer.

(3) Every persoon, other than a person deemed to be a commissioned officer in terms of subsection (2), shall, while acting as a special warder, be vested with the same powers, functions and responsibilities, perform the same duties and be subject to the same discipline and authority as a warder appointed in terms of section 8 (1).".

Substitution of section 9bis of Act 8 of 1959, as inserted by section 3 of Act 75 of 1965.

3. The following section is hereby substituted for section 9bis of the principal Act:

"Remuneration of members of the Prisons Service and special warders.

9A. (1) All members of the Prisons Service and inserted by section special warders, other than special warders who 3 of Act 75 by agreement receive no remuneration for their of 1965  services, shall be paid salaries or wages and allow ances in accordance with the provisions of the Public Service Act, 1957 (Act No. 54 of 1957).

(2) Special warders who receive no remuneration for their services, shall not by reason of the fact that they receive no such remuneration be regarded as not being in the service of the State.".

Commencement

12 May 1972 (Gazette 3495 of 12 May 1972)