Schedule 1

“SCHEDULE 3

BREACHES OF DISCIPLINE

Rule 94

A prisoner shall be guilty of a breach of discipline if he—

(a)

commits any assault;

(b)

detains any person against his will;

(c)

denies access to any part of the prison to any officer or any person (other than a prisoner) who is at the prison for the purpose of working there;

(d)

fights with any person;

(e)

intentionally endangers the health or personal safety of others or, by his conduct, is reckless whereby such health or personal safety is endangered;

(f)

intentionally obstructs an officer in the execution of his duty or any person (other than a prisoner), who is at the prison for the purpose of working there, in the performance of his work;

(g)

escapes or absconds from prison or from legal custody;

(h)

fails—

(i)

to return to prison when he should return after being temporarily released under Part 14 of these Rules; or

(ii)

to comply with any condition upon which he is so temporarily released;

(i)

has in his possession—

(i)

any article which he is not authorised to have; or

(ii)

a greater quantity of any article than he is authorised to have; or

(iii)

any article in a part of the prison where he is not authorised to have it;

(j)

sells or delivers to any person any article which he is not authorised to have;

(k)

sells or, without permission, delivers to any person any article which he is allowed to have only for his own use;

(l)

takes improperly any article belonging to another person or to the prison;

(m)

intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him;

(n)

destroys or damages any part of a prison or any other property, other than his own;

(o)

absents himself from any place where he is required to be or is present at any place where he is not authorised to be;

(p)

is disrespectful to any officer, or any person (other than a prisoner) who is at the prison for the purpose of working there, or any person visiting a prison;

(q)

uses threatening, abusive or insulting words or behaviour;

(r)

intentionally fails to work properly or, being required to work, refuses to do so;

(s)

disobeys any lawful order;

(t)

disobeys or fails to comply with any rule or regulation applying to a prisoner;

(u)

inhales any substance, or the fumes of any substance, which is—

(i)

a prohibited article;

(ii)

an article which he is not authorised to possess or keep in terms of these Rules or by any officer; or

(iii)

an article which he is so authorised to keep or possess but not for the purpose of inhaling or inhaling the fumes thereof;

(v)

consumes, takes, injects or ingests any substance which is a prohibited article;

(w)

commits any indecent or obscene act;

(x)

administers a controlled drug to himself or fails to prevent the administration of a controlled drug to him by another person (but subject to rule 98(5));

(y)

fails, without reasonable excuse, to open his mouth for the purpose of enabling a visual examination in terms of rule 88(2)(d); or

(z)

attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or to attempt to commit, any of the foregoing breaches.”