NDLOVU NOKUKHANYA LOVOUCIA

PEN2607
STUDENT NO : 68411979
PORTFOLIO

SECTION 1 ACKNOWLEDGEMENT OF SOURCES AND PLAGIARISM

QUESTIONS 1.1
CASE STUDY 1 statement one and two
1. Statement one
Students only commit plagiarism when they copy their answers in
assignments, portfolios or portfolio examinations directly from other
students.”
I agree with the above statement. Students commit plagiarism when they take
someone else's words and pass them off as their own, turning them it into their
original without full acknowledgement. Is to use anthers production without crediting
the source, when trying to present as new and original an idea derived from an
existing source. failing to put a quotation in quotation marks. Is to commit literally
theft. Plagiarism is an act of fraud. It involves both stealing someone’s else’s and
lying about it afterwards.
Statement two
Students also commit plagiarism when they copy and paste from books,
internet websites, or study guides and when they quote extensively without
acknowledging the source(s) they quote from.”
I agree with above statement. Plagiarism is now much easier for modern students to
practice given the easy with which they can access subject relevant information over
the internet. Is to present an existing source a your original and to use another’s
production without crediting the source. giving incorrect information about the
source of a quotation. internet made plagiarism way simpler because every
information is given in the internet. Plagiarism is a bad thing to do because is
considered a violation of academic integrity and a breach of journalistic ethics.
Plagiarism- Is the practice of taking someone else's work or ideas and passing
them off as one's own. Plagiarism is unethical because it is a form of theft. By taking
the ideas and words of others and pretending they are your own, that is called
stealing someone else's intellectual property. Plagiarism can get you expelled from
your course, college or university. Plagiarism can result in your work being
destroyed. Plagiarism can result in legal action, fines and penalties. students can be
 affected as their degree can be valued by the tag of cheating. if you as a student are
found guilty of plagiarising, you may be removed from your academic institution and
be permanently banned from enrolling in academic institutions in the future.
Something like this can really destroy your future so I recommend students to avoid
plagiarism. The best way of avoiding plagiarism is to learn and employ the principles
of good academic practice from the beginning of the year. Avoiding plagiarism is not
simply a matter of making sure your references are all correct, or changing enough
words so the examiner will not notice your paraphrase it is about deploying your
academic skills to make your work as good as it can be.
QUESTION 1.2
Yes students should acknowledge every source even when they quote only a few
paragraphs from a source to avoiding plagiarism and acknowledging your external
sources completely and accurately are vital parts of the writing process. Your
credibility as a writer and the reception that you work will receive from readers may
depend on how well you acknowledge your sources. By carefully and accurately
citing your external sources in the text and by documenting them at the end of your
paper you show your readers that you are serious about your subject, your research.
QUESTION 1.3
A referencing is list of all the sources you have used in the process of researching
your work. Students should use referencing because is a way to provide evidence to
support the assertions and claims in your own assignments. Is to show your reader
you've done proper research by listing sources you used to get your information. To
be a responsible scholar by giving credit to other researchers and acknowledging
their ideas. To avoid plagiarism by quoting words and ideas used by other authors.
Referencing allows you to acknowledge the contribution of other writers and
researchers in your work. By citing experts in your field, you are showing your
marker that you are aware of the field in which you are operating.

SECTION 2 LEGISLATIVE PROVISIONS

Case study/ statement 2
QUESTION 2.1

2.1.1
• Peremptory- A peremptory provision states an obligation and therefore orders
an action to be followed. Usually a consequence is defined that may come into
effect when the peremptory provision or obligation is not complied with. This
 means you must do what the Act commands. Such provisions usually contain
words such as must or shall.
• Directory- A directory provision stipulates how one may act. I stipulates what is
permissible or grants authorisation for a particular action. It creates a power that
normally leaves some discretion to the organ of government regarding the
exercise of that power. The freedom of choice entailed by such discretion will
depend on what the specific statute allows.
• Prohibitive- A prohibitive provision forbids certain actions. It therefore stipulates
that certain actions are not permissible. Normally it is coupled with a sanction or
punitive measure that takes effect if the prohibition is transgressed. For
example, it may identify certain actions as being offences and prohibit them.
2.1.2 Peremptory provision
• Effect- Usually a consequences defined that may come into effect when the
peremptory provision or obligation is not complied with.
Purpose-It also ensures that a person who was supposed to serve another
sentence, such as incarceration, cannot argue that the period for which he or she
was incorrectly placed under community corrections may count as a portion of
the correct sentence.
Directory provision
• Effect- The fact that someone has the power or is authorised to do something
does not mean that they are obliged to do it.
Purpose- It serves to prevent a person from being unlawfully subjected to
community corrections or without there being grounds for this.
Prohibitive provision
• Effect- Normally it is coupled with a sanction or punitive measure that takes
effect if the prohibition is transgressed.
Purpose- may identify certain actions as being offences and prohibit them. The
offence of escape by inmates is coupled with the sanction or punitive measure of
incarceration upon conviction.

2.1.3 Peremptory provision- The provisions usually contain words such as must,
shall, and is obliged.
• Directory provision- Directory provisions usually contain words such as may,
can, is authorised to, is permitted or has power to.
• Prohibitive provision- Such provisions usually contain words such as nobody
may, no person shall, may not, it is impermissible that and shall not.
2.1.4 Peremptory provision- Every inmate is obliged to participate in development
programmes. The Department shall make development programmes available
to inmates. A penalty that may come into effect when the peremptory provision or
obligation is not complied with.
• Directory provision- The head of the correctional centre may permit an
inmate to attend a funeral. Correctional officials have the power to defend
themselves against a life-threatening attack. The fact that someone has the
power or is authorised to do something does not mean that they are obliged to do
it. If the Commissioner is authorised to release an inmate on parole on certain
grounds, this does not mean he or she is obliged to release the inmate but only
to use discretion in this regard.
• Prohibitive provision- No person shall take an inmate out of the correctional
centre without authorisation. Nobody may assist an inmate to escape in any way.
It may identify certain actions as being offences and prohibit them. The offence
of escape by inmates is coupled with the sanction or punitive measure of
incarceration upon conviction.

2.1.5 own examples

• Examples of statutory law include traffic violations like running a red light and the
minimum legal drinking age of 21.
• An example of provision is food you take with you on a hike.
• An example of provision is when legal aid provides legal advice.
QUESTION 2.2
Legislation is a source of law which, together with the other sources, namely common
law and court decisions, gives rise to the creation of the law. In other words, legislation
is a medium through which law is brought into being. Law created by means of
legislation is known as statutory law. Legislation can be enacted by various organs of
government that have governmental authority, such as
• Parliament is the legislator with regard to the statutes.
• The provincial government has a legislative body that can promulgate
provincial laws for the province concerned.
• Ministers of the different government departments have the power to
promulgate regulations for the department concerned.

QUESTION 3
SECTION 3 LAWFUL USE OF FORCE AND SAFE CUSTODY
QUESTION 3.1
Totally agree with the statement that says correctional officials should never use force
and should simply avoid it at all times, no matter the circumstances. The use of force is
not easily justifiable in the light of human rights and has indeed become more difficult
to justify in the context of the protection of the human rights of inmates or offenders. It
has to be avoided as far as possible especially by public officials. In seeking to
recognise the human dignity of inmates, every correctional official must almost forswear
the use of force as a rightful option and reserve it as an absolutely last resort. In reality,
however, doing away with this option entirely cannot be justified; in exceptional
circumstances it may be the only available option. In fact there are some circumstances
in which the use of force may be required to protect the very lives of the inmates. , force
must be avoided as far as possible. However, correctional officials are in the awkward
position that force is sometimes unavoidable and necessary in performing a legal duty.
Correctional officials have a legal duty to keep inmates in safe custody, and this
implies that inmates' lives must be protected. Sometimes, correctional officials may
find themselves in the unenviable position where failing to use force may have negative
legal implications as well. The use of force is an action that should be avoided as far as
possible owing to the legal implications it may have. If such an exercise of force were
found to be unjustifiable or unlawful, it could lead to criminal as well as civil prosecution
of the person who used force.

QUESTION 3.2
My different statement would be correctional officials should use force to avoid mistakes
at all times, no matter the circumstances. The use of force is very useful when it comes
to such situations. For example let’s take the officials are called by neighbors that they
see people trying to break into someone’s house. When the officials arrive will chase
those people and once they hold them. They will get really to put them in the van if
those people resist the officials are forced to use force and get them inside the van. By
doing so it was not to harm them but to force them obey the rules of officials and also to
prevent them from escaping.

QUESTION 3.3
The use of force will likely be deemed lawful when the people use a weapon to defend
themselves against an attack by unarmed inmates will depend on the circumstances
surrounding the particular case. It will depend on whether that is the only means of
ending the attack. An answer to this will depend in turn on whether you are alone or
have others to assist you. The concept reasonable will differ from one situation to
another and therefore depends on the specific circumstances of the individual case. It is
logical that the use of force by an elderly woman against a strong man would be
accepted as reasonable more readily than its use the other way around.
QUESTION 3.4

deemed as unlawful. The use of force is not easily justifiable in the light of human rights
and has indeed become more difficult to justify in the context of the protection of the
human rights of inmates or offenders. It has to be avoided as far as possible especially
by public officials. In seeking to recognise the human dignity of inmates, every
correctional official must almost forswear the use of force as a rightful option and
reserve it as an absolutely last resort. Force must always be the last resort. It is limited
by strict conditions, and it is essential that every correctional official be thoroughly
familiar with the limitations and conditions to which its use is subject.

• If the attack was unlawful

• If the defence was a reasonable response
• If the action was necessary to avert danger
• If the defence was directed against the attacker

SECTION 4 SEPARATION, SEGREGATION AND CHALLENGES DUE TO COVID19.

QUESTION 4.1

The primary purpose of separation is to ensure the protection and safety of persons
deprived of their liberty, and the optimal management of prisons. provision for the
compulsory separate custody of sentenced offenders and persons awaiting trial or
sentence and unsentenced prisoners. The separation of male and female inmates.
inmates who are children and adult inmates must be separated for them to be
protected. Concerning inmates who are children, there is the further requirement that
they beheld in accommodation that is appropriate to their age. This may mean that
children of different ages are kept separate for practical reasons, for example where
specific cells are suitable for one age group but not for another, or to separate children
whose ages differ significantly. It is also a measure to preserve the principle of the
presumption of innocence of untried persons and to provide the most appropriate prison
conditions for each category of detainees. As a matter of principle, women should be
separated from men, minors from adults, and untried detainees from convicted
detainees. Migrants detained in connection with their migrant status should be
separated from convicted persons and held in conditions as far removed from a prison
regime as possible. Persons imprisoned for debt and other civil prisoners should be
kept separate from persons imprisoned for criminal offenses. Other separation criteria
can be justified to protect detainees in situations of particular vulnerability due to their
age, health condition, ethnicity, sexual orientation, or gender identity.
QUESTION 4.2
• Minors should be kept separate from adults to prevent potential abuse, including
sexual abuse, and harmful influences affecting their development. Separation
should also ensure that the detention regime of minors is appropriate to their
age, as open as possible, and focused on their rehabilitation .
• Persons with physical or mental disabilities should not be systematically
separated from the rest of the prison population. Some may require specific care
or special protection measures, which may necessitate temporary segregation
from the rest of the prison population. Persons with disabilities who are
temporarily separated from the rest of the prison population should retain
unrestricted access to activities, services and benefits available in the institution.
• Migrants deprived of their liberty for contravening migration laws should not be
detained in institutions holding accused or convicted persons. Where applicable,
upon their admission migrants should be kept strictly separate from the rest of
the prison population, and should benefit from a regime that is as open as
possible.
• Foreigners and detainees from ethnic and religious minorities or indigenous
peoples should have the same rights as the rest of the detained population. They
should therefore not be kept separate based solely on ethnic, racial, religious or
other such consideration.

QUESTION 4.3
Conditions in prison where very bad that is why the authorities decided to implement a
decision to segregate. Because overcrowding, violence, sexual abuse, and other
conditions pose grave risks to prisoner health and safety. Mistreatment of prisoners
based on race, sex, gender identity, or disability remains far too common. Inmates in
protective custody are segregated for their own protection, and their placement in segregation is
sometimes voluntary.

QUESTION 4.4
I agree with the above statement that Covid19 poses an even higher risk within
Correctional Centres, than in the general community. We all know that in order to
protect against Covid19 there are protocols that must be followed. The protocols are
social distancing, improving hygiene with soap and hand sanitizer, wearing a mask and
quarantining. The question is how do you expect the prisoners to follow all this
protocols while locked up with more than million of people in one facility. The prisoners
suffer from their own disease such as asthma, diabetes and high blood pressure and
that causes a higher risk of severe complications from Covid19 the elderly and those
with chronic health condition that I already mentioned. Social distancing means staying
at least 6 feet from other people, not gathering in groups, and staying out of crowded
places. This will make social distancing impossible in jail because prisoners live, work,
eat, sleep and even bathe in communal settings. The risk of transmission remains high.
Social distancing, in the words of one governor, is. Prisoners can not use better
hygiene or wear face masks because jails and prisons do not operate like our homes or
our workplaces. This makes it easy for them to be sick. The problem faced by the
correctional centre due to Covid19 is very difficult to handle and it’s no surprise that
correctional facilities are uniquely vulnerable to diseases such as Covid19. It’s a shame
for them because clearly there is no solution.