Most of the provisions of the Correctional Services Amendment Act, 2008, have been put into operation today, by the President, by proclamation in the Government Gazette.
The Act amends the Correctional Services Act, 1998, in an effort to further align it with the White Paper on Correctional Services.
Among the most notable substantive amendments brought into operation today is the fact that in line with the Constitutional principle of the best interest of the child, a female offender will no longer be permitted to have her child with her in detention until the child is five years of age.
In terms of the Amendment Act, a child will only be permitted to stay with a female offender until such a child is two years of age and a duty is placed upon the Department of Correctional Services in conjunction with the Department of Social Development to take the necessary steps, upon the admission of the female inmate, to facilitate the process for the proper placement of such a child.
Research has shown that the critical period for bonding and stimulation between a mother and child is ideal up to the age of two. Should children, however, be kept for longer periods in correctional centres they will experience difficulties in relating to other people.
Another substantive amendment relates to the emphasis placed by the White Paper on societal responsibility and the relationship between the Department of Correctional Services and Community-Based Organisations (CBOs) as inherent for successful rehabilitation and reintegration of offenders back into society. The 1998 Act limited community involvement to communication with and visits by spouses, partners and relatives.
The Amendment Act provides that the National Commissioner may allow community organisations, Non-Governmental Organisations (NGOs) and religious organisations to interact with inmates in order to facilitate the rehabilitation and re-integration of the offenders into the community.
In the White Paper, the concept of the offender rehabilitation path was developed to spell out the interventions that should take place from admission until the release of an offender in order to ensure his or her rehabilitation.
The intention with rehabilitation is to curb re-offending and to contribute to the safety and security of the community. The 1998 Act did not clearly provide for the rehabilitation path needed for the development of the offender whilst incarcerated.
The Amendment Act now introduces the following concepts in order to close this gap: Unit Management; Correctional Sentence Plans and the Personal Development of the Offender. Further amendments relate to the improvement of the administration of the parole system.
Firstly, in line with the requirements of the Constitution and the Promotion of Administrative Justice Act, offenders are now allowed to make representations to the Correctional Supervision and Parole Boards.
Secondly, certain amendments are affected to the conditions under which offenders must serve community corrections.
Thirdly, in addition to the Minister and the National Commissioner, the Inspecting Judge is also given the power to refer a decision of a Correctional Supervision and Parole Board to the Review Board for reconsideration.
Fourthly, the Minister is provided with the power to grant parole or day parole in instances where a person is serving a life sentence to which he or she was sentenced after 1 October 2004.
The Minister already has the power to grant parole or day parole to an offender serving a life sentence to which he or she was sentenced before 1 October 2004. The 1998 Act is therefore amended by aligning the provisions of the Act by taking this power away from the courts, where it should not have been situated, and giving it to the Minister.
Finally, the 1998 Act is amended by providing for the appointment of a Chief Executive Officer in the office of the Inspecting Judge to perform all the administrative and staff management functions previously performed by the Inspecting Judge. Sections 21, 48 and 49 of the Amendment Act have not been put into operation by the President.
The coming into operation of section 21 is dependent on further discussions between the Department of Correctional Services and the Department of Health. Sections 48 and 49 of the Amendment Act deals with the development of an incarceration framework, which is still in the process of being finalised by the National Council for Correctional Services after which it must be ratified by the Minister of Correctional Services before it can be approved by the relevant Parliamentary Committees.
Enquiries:
Sonwabo Mbananga
Cell: 082 045 3963
Issued by: Department of Correctional Services
1 October 2009
Source: Department of Correctional Services (http://www.dcs.gov.za)
