Contents: Obligations of Parliament and its separate bodies

Corporation for Public Deposits Act 46 of 1984

16 Bookkeeping and auditing

(1) The corporation shall-
(a) cause proper account to be kept of all financial transactions, assets and liabilities of the corporation;
(b) cause financial statements to be compiled in respect of the financial year ending on 31 March 1985 and every succeeding financial year, and submit copies of those statements, after the auditing contemplated in subsection (2), to the Minister and the bank.
(2) The accounts of the corporation shall be audited annually by a person registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951), and appointed by the board on such conditions as the board and the person concerned may determine by mutual agreement.
17 Annual report
(1) The corporation shall submit, within six months after the end of any financial year, to the Minister and the bank a report regarding its functions during that financial year.
(2) The financial statements referred to in section 16(1) (b) and the report referred to in subsection (1) of this section, shall be laid upon the Table of Parliament by the Minister within 14 days after receipt thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
18 Liquidation of corporation
The corporation shall not be liquidated except by or on authority of an Act of Parliament.

Correctional Services Act 111 of 1998 as amended by

Correctional Services Act 25 of 2008 as amended by


Correctional Matters Amendment Act 5 of 2011

3 Establishment, functions and control of Department

(3) The Commissioner of Correctional Services is appointed in terms of the Public Service Act, but the conditions of service of the Commissioner are governed by this Act and he or she is also entitled to the privileges of a head of a department which are conferred by the Public Service Act.

73A Incarceration framework

(1) The National Council must, in consultation with the National

Commissioner—

(a) determine minimum periods for which sentenced offenders must be incarcerated before being considered for placement under community corrections; and

(b) develop a framework (hereinafter referred to as ‘the incarceration framework’) in terms of which such minimum periods will be determined.’’.
(2) The incarceration framework—

(a) must prescribe sufficient periods in custody to indicate the seriousness of the offences;

(b) must apply to all sentenced offenders generally;

(c) must provide for consistent application of its provisions;

(d) may provide for different periods in relation to the same offence, depending on the measure of good behaviour or co-operation of a sentenced offender during incarceration; and

(e) may provide for any ancillary or incidental administrative matter necessary for the proper implementation or administration of the incarceration framework.
(3) The incarceration framework may not be applied in a manner that would be in conflict with any other law or any direction given or decision made by a court of law.
(4) The incarceration framework must be ratified by the Minister.

(5) If the Minister ratifies the incarceration framework, he or she must submit it to the relevant Parliamentary Committees on Correctional Services for approval.

(6) After the Parliamentary Committees contemplated in subsection (5) have approved the incarceration framework, the Minister must make regulations enacting such framework into law.’’.
Substitution of section 79 of Act 111 of 1998, as amended by section 55 of Act 25 of 2008
14. The following section is hereby substituted for section 79 of the principal Act:
‘‘Medical parole Parliament for approval—

(i) at least one month before promulgation, if Parliament is in session; or

(ii) if Parliament is not in session, within one month after the next ensuing

session starts.’’.

83.   Structure of National Council

(1)  The Minister must appoint a National Council.

(2)  The National Council consists of—

(a) three judges of the Supreme Court of Appeal of South Africa or of the High Court of South Africa appointed after consultation with the Chief Justice;

(b) a magistrate of a regional division appointed after consultation with the chairperson of the Magistrates Commission;

(c) a director or Deputy Director of Public Prosecutions appointed after consultation with the National Director of Public Prosecutions;

(d) two members of the Department, of or above the rank of director, appointed after consultation with the National Commissioner;

(e) a member of the South African Police Service, of or above the rank of director, appointed after consultation with the National Commissioner of the South African Police Service;

( f ) a member of the Department of Welfare, of or above the rank of director, appointed after consultation with the Director-General of Welfare;

(g) two persons with special knowledge of the correctional system who are not in full-time service of the State; and

(h) four or more persons, not in the full-time service of the State, appointed as representatives of the public in consultation with the relevant Parliamentary Committees.

(3) (a)  Members of the National Council hold office for such period as the Minister determines at the time of their appointment.

(b) If there are valid grounds for doing so, the Minister may terminate the appointment of a member.

(4) The Minister must appoint one of the judges referred to in subsection (2) (a) as chairperson and the other two as vice-chairpersons of the National Council.

(5) The majority of members of the National Council constitute a quorum for a meeting of the Council.

(6) A decision of majority of the members of the National Council present shall be a decision of the Council and in the event of an equality of votes, the member presiding at the meeting shall have both a deliberative and the casting vote.

(7)  A member of the National Council who is not in the service of the State may receive such allowances as may be determined by the National Commissioner in consultation with the Minister of State Expenditure.
86 Inspecting Judge
(1) The President must appoint the Inspecting Judge who must be-
(a) a judge of the High Court who is in active service as defined in section 1 (1) of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act 88 of 1989); or
(b) a judge who has been discharged from active service in terms of section 3 of the said Act.
90 Powers, functions and duties of Inspecting Judge
(3) he Inspecting Judge must submit a report on each inspection to the Minister and the relevant Parliamentary Committees on Correctional Services.
(4) (a) The Inspecting Judge must submit an annual report to the President and the Minister.
(b) The report must be tabled in Parliament by the Minister.
95 Objectives and functions of internal service evaluation
(1) The Commissioner must conduct an internal service evaluation by means of internal auditing, performance auditing, inspections and investigations to promote the economical and efficient operation of the Department and to ensure that the objectives and principles of this Act are met.
(4) The Commissioner must include in the annual report to Parliament, an account of the process and results of the internal service evaluation.
[editorial note: the Act does not appear to make provision made for an annual report to parliament other than the inspecting judge’s report – it is not clear from the Act whether this is the same report]
95C. Report of Commissioner
(1) The National Commissioner must include in the annual report to Parliament an account of the process and results of—

(a) the compliance monitoring in terms of section 95;

(b) the investigations contemplated in section 95A; and

(c) the disciplinary proceedings contemplated in section 95B.

(2) The National Commissioner must, on request, send a copy of any account contemplated in subsection (1) to the Inspecting Judge.’’.

134 Regulations
(5) The Minister must refer proposed regulations to the relevant Parliamentary Committees in both Houses dealing with the Department.