Chapter 4
Cooperation with and assistence to Court in or outside South Africa
Part 2
Judicial assistance to court (ss 14-32)
32 Enforcement of sentence of imprisonment
(1) If the Republic has been placed on the list of States contemplated in section 31 (1) and if the Court, in a particular case, as contemplated in paragraph 1 (c) of Article 103 of the Statute designates the Republic as a State in which a person in the case in question must serve a sentence of imprisonment, it must inform the Central Authority as soon as possible of such designation.
(2) The Central Authority must forward such designation to the Cabinet member responsible for correctional services who-
(a) may accept or refuse the Court's designation; and
(b) through the Central Authority, must inform the Court as soon as possible whether the designation is accepted or not.
(3) (a) Any person referred to in subsection (1) must, subject to paragraph (b), be committed to a prison in the Republic after the designation referred to in subsection (2) has been accepted and a warrant for his or her detention lawfully issued by the Court is deemed to be a valid warrant for the purposes of section 6 of the Correctional Services Act, 1998 (Act 111 of 1998).
(b) If the Court, at any time, decides to transfer a sentenced person referred to in paragraph (a) to a prison of another State, the Central Authority must, in consultation with the Commissioner of Correctional Services and the Registrar of the Court, arrange for the removal of that person from the Republic in the custody of a person authorised by the Court and the provisions of section 12 apply with the necessary changes.
(4) (a) Subject to paragraphs (b) and (c), the provisions of the Correctional Services Act, 1998, and the domestic law of the Republic apply to a person contemplated in subsection (3).
(b) The sentence of imprisonment referred to in subsection (1) may only be modified by the relevant authorities in the Republic at the request of the Court, as a result of an appeal by the person serving the sentence to, or review by, the Court in terms of the Rules.
(c) The relevant authorities in the Republic must, as far as possible, ensure that communication between persons serving a sentence as contemplated in subsection (3) (a) and the Court can take place freely and confidentially.
Enforcement of sentences imposed
National procedures re enforcement of sentences imposed
Enforcement of sentence of imprisonment
EDIT.