CHAPTER 4
COOPERATION WITH AND ASSISTANCE TO COURT IN OR OUTSIDE SOUTH AFRICA (ss 8-32)

Part 2
Judicial assistance to court (ss 14-32)

31 Designation of Republic as State in which sentences of imprisonment can be served

(1) In order to give effect to paragraphs 1 (a) and (b) of Article 103 of the Statute, the Cabinet member responsible for correctional services, must, as soon as practicable after the commencement of this Act-

(a) in consultation with the Cabinet; and

(b) with the approval of Parliament,

inform the Court, through the Central Authority, whether the Republic can be placed on the list of States willing to accept sentenced persons, and if so, of the conditions pertaining to such acceptance.

(2) The processes in respect of an acceptance and the conditions pertaining to such acceptance, as contemplated in subsection (1), apply with the necessary changes in respect of a revocation of such acceptance or a variation in the conditions pertaining to such acceptance.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.