Management of Remand Detainees in South Africa - DCS-Home

prisoners; the rights and obligations of unsentenced prisoners; a system of community
corrections; release from prison and placement under correctional supervision, on day parole
and parole and the National Council for Correctional Services.
Chapter V which focuses on unsentenced offenders clearly stipulates that amenities which may
be restricted for disciplinary purposes and administration of justice must be determined by
regulations. Restrictions are not clearly articulated in the Correctional Service Regulations
(2004) because they have been included in general restriction applicable to sentenced offenders
under the reference “prisoners”. The position of DCS is very clear with regard to provision of
Development and Support Services and unsentenced offenders are excluded. They are only
entitled to receive such services as health, nutrition, and recreation. When it comes to clothing
the Act makes it clear that they may not be compelled to wear correctional centre clothes.
However, if they are provided with clothing, it must be different from that issued to sentenced
offenders. Regulations (Chapter 4) have only captured one sentence which reads as follows:
Unsentenced prisoners must perform such duties as may be necessary to maintain
good order and cleanliness of any cell, room or other place occupied by them and
may be permitted to perform other labour.
There is no document within DCS that clearly articulate the rights of RDs though this has
been captured in the introductory section of the Correctional Services Act (Act 111 of
1998).
Though RD children are incarcerated in DCS facilities, they are not managed as a special
category of RDs.
3.4.1.3 Child Justice Act (Act 75 of 2008)
The Child Justice Act (Act 75 of 2008) can be interpreted as case-flow legislation for children in
conflict with the law who have been accused of committing offences. The Act articulates clearly
all the provision for a child detained in police custody which includes visits by a wide range of
personnel including legal practitioners, social workers, probation officers, health workers,
religious counsellors. It is clear that children have to be cared for in line with special needs of
children. It is important to note that that the provisions for RD children incarcerated in
DCS are not stipulated in the Act.
3.4.2. Proposals
There is a need for new legislation that consolidates the provisions from the various
legislations in the legal framework pertaining to RDs that focuses entirely on the
management of RDs.
53