Post SoNA Media Briefing by Justice Minister Jeff Radebe

Briefing

24 Feb 2013

Minutes

Panel: Minister Jeff Radebe, Justice and Constitutional Development, Minister Siyabonga Cwele, Minister of State Security, Deputy Minister of Police, Makhotso Sotyu, National Police Commissioner, Mangwashi Phiyega, Ms Nonkululeko Sindane, Director General for Justice and Constitutional Development, Minister Sibusiso Ndebele, Correctional Services  

Statement by Minister Jeff Radebe See Appendix

Questions and Answers [This transcript is provided by GCIS]

Journalist: Minister Radebe, this publishing of this list is it people who are accused of corruption? How is it going to work is it a countrywide publication of people accused of corruption? And are you not afraid of the comeback if they have not yet been convicted. I mean how you will decide on that list.

Journalist: My question regards current crime situation or as you pointed out in your statement that the current discourse seems to suggest that crime in South Africa is on the up again. What would your response be to people that live abroad for example; I will quote you something that someone has written on the social network ever since the Oscar event. The person’s name is Felicia Mabuza Suttle who lives in the US and she says “South African crime rate is back in the spotlight in the US since the Oscar case; everywhere I go I have to defend South Africa.” What would your response be in that regard?

Journalist: I would just like to know if you could expand a bit on the rural safety programme and then also with the appointment of the National Director of Prosecutions and the Head of the Special Investigating Unit, if there’s a specific timeframe to it.

Journalist: My question is the following not only the positions of the NPA and the SIU Head or vacant we also see three top positions in the intelligence agency also being vacant for a very long time. Also your point on the NPA Head is obviously well made given the judicial process but the SIU Head has been vacant for more than a year now. How is this acceptable and what does soon mean when you say it is going to be filled soon. Then I also wanted to know your views on the non appointment of Advocate Gauntlet to the Constitutional Court, what does that imply for excellence and for how that weighs up against what I see as turned arrogance.

Journalist: Minister I just want to find out in the Oscar Pistorius bail hearing we saw tensions playing out between the police and officials from the National Prosecuting Authority – there is a history and it stems back from previous cases like the Selebi trial. Is there’s a problem with the system that sets off these officials or is it personality driven? Why do you think this keeps happening and particularly in front of the international media in the way it happened this week? Thank you.

Minister Jeff Radebe: What happened? What is this?

Journalist: Sorry it was the issue around warrant officer Botha and his arrest and there seem to be some communication problem between the police and the NPA on the matter.

Minister Jeff Radebe: The issue of vacancies at state securities, Minister Cwele will address it and on rural safety programme either Minister Cwele or Deputy Minister of Police.

Publication of people convicted of corruption it is public knowledge the records of our courts indicates that so that there is no problem whatsoever to indicate those people who have been convicted of corruption cases of freezing orders also is public knowledge so we want to ensure that the public is conscious about what has happened because sometimes when people talk about corruption we say 32 people have been convicted it is just a number but if we can attach a number to actual persons you will recognise that this fight against corruption we do it in a very meaningful way.

Felicia Mabuza Suttle is a South African I also expect her to defend her own country South Africa. My perception is that the issue that has brought Pistorius into the world spotlight is because of the personality in Oscar Pistorius who is a legend in terms of Paralympic athleticism in the world so obviously journalists have been very mobilised to look at what has happened. So it is nothing that reflects that the levels of crime have increased in South Africa the statistics show that the survey that was done show that so these are the cold facts, so I think the issue of Oscar should be separated from the general crime in our country. If you look at what happens around the world how many times have you opened CNN and BBC World and see mad people in America shooting tens of our children in schools there? So it is not being said it is being put in the spotlight so I think we need to look at these issues very objectively that statistics tell us that violent crimes in South Africa is going down the survey of people at large indicates people satisfaction that we are doing something about it not that we have solved all our country’s crime problems but I think looking back where we started in 2009 and where we are in 2013 we are satisfied that we are making progress in these areas. So I agree with Felicia Mabuza Suttle and I hope she continues to defend our motherland.

Timeframes are indicated when we met last month that this appointment of the NDPP should be by the end of February and the President, I’m sorry you are talking about the SIU? It should be by the end of February the President himself in the State of the Nation Address his prioritising this issue of appointment.

On the workings of the Judicial Service Commission it has a Chairperson who is the Chief Justice of the Republic of South Africa and if people who are entrusted there Chief Justice will be able to explain what the recommendations of the JSC it is not for me because I’m just an ordinary member of the JSC.

I’m not aware of a conflict between the NPA and the police as regarding the matter of the bail hearing of Oscar Pistorius what I’m aware of that is that the person who went to the scene has now been removed by the National Commissioner who is here in front of us. The NPA decided on the 4th of February 10 days before the tragic occurrence on the 14th of February so these cases are separate all together. So I have not discern any conflict between the NPA and the Police in fact they always worked as a team even here we’ve got the National Police Commissioner, we’ve got the National Deputy Director of Public Prosecutions here Willie Hofmeyer, there’s a DG of Justice, they work as a team so to insinuate there is a conflict I think is stretching the point to the limit.

Minister Siyabonga Cwele: Thank you Minister. Just to follow up on the last question now the system is working very well as the Minister of Justice has just communicated in cases of handling these public issues in relation to crime our structures at a national level they are co-ordinating very well. In relation to violence and other serious crimes the national joints has been activated they are working with provincial joints so these are structures of coordination where the system work well as a criminal justice system cluster.

On the three posts in the Civilian Intelligence Committee; yes these are being prioritised the colleague of Cape Town must remember we have been hoping that some legislation in Parliament will be extradited but it has come to our notice that there are delays we are engaging the Presidency as you know some of these appointments are done by the President himself so soon we hope that before the end of this quarter we should be able to have some stability and make all the necessary appointments. Thank you.

Deputy Police Minister Makhotso Sotyu: Thank you very much programme director. With regard to the question on rural safety I just want to remind the house that a month ago we had a media briefing when we were dealing with our ten point plan with regard to the SAPS performance plan and the Minister of Safety and Security and Minister of Police, Minister Mthethwa elaborate on the matter with regard to the rural safety. What is happening currently as you know that in order for us to be able to assist the communities within the rural areas we need to have an integrated approach, hence we are saying we have the rural police stations that we needed to resource we have then in our clusters in the provinces we have introduced an integrated programme between the police and the stakeholders in order for them to implement that rural safety strategy that we referred to. One of the issues that was a problem previously is the issue of crime happening between borders that is Gauteng/Eastern Cape, Gauteng/Free State then we said we needed to establish rural safety coordinators among the issues that they will be looking at is the issue of the strengthening of the borders between provinces so that criminals should not migrate from Gauteng to the Eastern Cape as its happening now, Gauteng/Free State, Gauteng/North West as it is happening now. Thank you very much.

Journalist: Could the Police Commissioner please tell us what programmes or structures the police are putting in place to mitigate domestic violence and alcohol abuse amongst their own members. Secondly you talked about publishing names of people convicted of corruption. Minister Radebe will you tell us what happened to the Sexual Offenders Register because that still doesn’t seem to be working. Thank you.

Journalist: Just clarity Minister Radebe on the names of those convicted the Western Cape Government publish convicted drunk drivers on front pages of newspapers are you talking about something similar to this? Just clarity on that.

Journalist: Minister Cwele you referred to the legislation before Parliament with regards to the process of filling these positions you would know what the basics of that legislation is must I from that produce that you want to disestablish those positions that you basically want to get rid of them and that you will not fill them. Then to Deputy Minister I’m incredibly perplexed by your point or maybe I misunderstood on strengthening the borders between provinces? What do you mean?

Journalist: Minister can you please expand a bit on this compulsory qualifications that inmates must have by the time they get out of jail. What prompted that decision and what is the expected outcome.

Journalist: To the Minister of Correctional Services, Minister there’s a man and I wouldn’t want to cast dispersion to the entire correctional services department in this regard but there’s a general view out there that the rehabilitation process isn’t really working because just in the past week or the week following the murder of Anene Booysen there was a man in the North West Province who had murdered a young girl, raped her first and then buried her in a shack and this person was out on parole. This for me speaks to that very process that people are saying the rehabilitation process clearly isn’t working. What are you doing about this Minister?

Minister Jeff Radebe: The first question was directed at the commissioner so she will answer it the second question on what happened to the Sexual Offence Register the DG of Justice will answer that question. On the legislation of intelligence Minister Cwele will answer it, Deputy Minister of Police meant boundaries not borders but she will explain further. On inmates qualification the Minister of Correctional Services is here and she will answer as well as the last question on rehabilitation. So let’s start with the National Commissioner.

National Police Commissioner Mangwashi Phiyega: On the issue of structures relating to how we are dealing with the environment of violence against women and children and the vulnerable I will again reiterate the fact that the establishment of specialised unit was pronounced upon by our Minister we have gone again to implement that and at this point in time we have in all the clusters of SAPS, we cluster police stations into particular clusters, clusters may range from anything to six police stations to twelve if not fourteen. In all those clusters we now we have this unit along to that our victim friendly facilities where we are ensuring that those victims have secured platforms in which we could be able to consult with them. The Minister has already indicated that to that we have appointed over 2000 social workers and a forensic social worker is a social worker who received base training in social work they go on to receiving additional training that gives them those forensic skills to investigate but what we are also getting out of those social workers is that it is not only investigating but there’s also a caring and a counselling outcome that comes from that perspective.

You touched a little bit on the issue around police themselves yes we should agree that policing is a very stressful environment it is a very stressful job and for that we have an employee health and well-being portfolio that takes care of the police themselves. We have 500 social workers that are there to service the police, we have 500 chaplains that are there to also give support in that space we had a 114 psychologists cut into clinical psychologists and those that are also assisting us in psychometric testing. So we are also mindful of the fact that we need to deal with the stress the suicides that come out of that environment. Minister; thank you very much.

DG Nonkululeko Sindane: Just to clarify the Sexual Offences Register is operational; it is working. Perhaps what people may be confused about or unaware of is the level of the effectiveness of the Sexual Offences Registrar. In so far as information relating to people who should have been in the register because they committed the offences prior to the coming into effect of the Criminal Sexual Offences Amendment Act. So to that extend there is indeed a delay in getting those people because the Act does not have a cut off date. It just says anybody who has been convicted of an offence against a miner child or a person with mental disability shall be put in the Register, so it means we need to go back as far as possible so to that extend yes there are challenges but we are working on it. So there is a program of work, we are not too concerned about that. In respect to from the date of the application or the implementation of the Act going forward to today the Sexual Offences Register is completely updated. It is in the Department of Justice. You can in fact go into our website, it is very clear, please do not ask me now in terms of the links. But if you go to our website you go to the link you will find the information. You will not find the names of people because that we are not allowed to specifically publish and tell the world about these specific names necessarily. But it means we have that information, if you apply to the Registrar of the Sexual Offences Register that information can then be dealt with along those lines. Minister I wanted to just clarify one small thing that has been a bit of an issue last year. That small thing is that part of what needs to happen is that as soon as the presiding officer in court has found that a person is convicted of a sexual offence they immediately must direct, in addition to making that decision, must direct that the name of that person must be included in the Sexual Offences Register. Unfortunately they have not been very clear therefore we are following up to make sure that judicial officers also do that so that we complete the whole exercise of updating the Register of Sexual Offences. Thank you very much Minister.

Minister Sibusiso Ndebele: Thank you very much for your questions. I must first indicate that we do have the highest prison population on the continent and that is abnormal. It means that our programmes, we need to do something new in terms of rehabilitation and reducing the people that are actually incarcerated. Part of this electronic monitoring that Justice and we are working on ensures that people are not kept in prison simply because they don’t have a proper address and therefore can’t afford bail, and therefore they will abscond. So it is part of reducing that prison population. But in terms of actual rehabilitation, it is no use putting someone in prison, whether it is for 6 months or 25 years if they come back exactly how they were or worst. Therefore the programme of rehabilitation, we have taken it quite seriously and that is why we say those people are in the custody of the State. The State feeds them at the rate of something like just over R7000 a month; you can’t just sleep, eat and sleep again. So there must do something that demonstrates that they are becoming better people. The clearest test is that a person who could not write must be able to read, write and count. A person, who didn’t have a matric, must have a matric, a person who could not do anything with his hands accept kill must actually do furniture, build a house, do something, and they will find better use for their hands. That programme is working; quite a lot of schools and school furniture are not being constructed by inmates. It is constructive work that they do, they get pride in it and it is part of rehabilitation in a manner that is envisaged by the Freedom Charter that it is not for punishment but for re-education.

We also have embarked on a programme that we call Victim Offender Dialogue where the victim is put at the centre. It is not just crime against the State, it crime against a human being. What then do you say, go to that person and say I am sorry, whether they forgive you or not but say I am sorry. Then the dialogue begins and it extends further to the community to say we wronged not only this person but also the community, and that programme is working quite well. Those of course who are not corrigible (sic) stay longer, we have accommodation for that, but those who ensure that they are changing, and they do change. I must just perhaps say something on the case that has been sited here of Mr Oscar Pistorius. He was granted bail and has been placed under Section 62F of the Criminal Procedure Act of 1977, which means that he, is placed under community corrections of the DCS. He will be seen 4 times a month and he himself will come 2 times a month to report and ensure that he doesn’t take drugs, drink and do all those sort of things. We do hope that we get corporation in that regard but the case I think is being handled well. Thank you.

Minister Siyabonga Cwele: No on the Legislation, I didn’t mean that the Legislation has been hindering. As you know we have appointed these Heads of Department before the new Legislation. What I was saying is that the new Legislation was going to bring certainty and was going to assist us to take the views of Parliament on which direction we should take. That is why because these appointments were necessitated when the Bill was already in Parliament that is what I meant. The fact of the matter is that as I have correctly said we are in consultation with The Presidency and these appointments will be made before the end of this quarter. I thank you very much.

Deputy Minister Makhotso Sotyu: Thank you very much Honourable Minister Radebe for correcting me. You must understand that I come from the Free State and my constituency is just on the border of Lesotho and the Free State so I am dealing with borders almost every day, challenges at the borders so I decided then to call boundaries borders. You know after the national statistics of this year we discovered that crime in Gauteng has decreased but in other small provinces surrounding Gauteng like Free State, Eastern Cape and those has increased. And what has happened after that when you travel, even today if you travel from the Free State, you are coming to Gauteng, you can feel when you enter Gauteng because the first thing that you come across are roadblocks and police visibility. You travel less than 500 metres you will get police visibility all over. When you go from the Free State to the Eastern Cape, as soon as you cross Ruval (sic) and Smithveld (sic) the first thing you get visibility of police, the other side and the roadblock the other side of the Free State which is the Eastern Cape. So you get roadblocks and Minister Radebe from now onwards each and every province makes it their businesses to not have criminals in their provinces. That is what I meant by saying that this rural strategy is among the issues that we are going to deal with, those safety issues. Thank you.

Journalist: I feel quite fortunate that this is the entire Criminal Justice Cluster to ask this question. The Provincial Commissioner earlier in the week on the removal of the detective on the Oscar Pistorius case said that he will not be removed from the case nor will he be on suspension pending the finalisation of the criminal case against him. Is it not fit for Mr Botha to be suspended from all duties in this regard and is his removal this week Minister of Justice and Constitutional Development was he not an embarrassment for the Criminal Justice System to have been placed on this case in the first place. That is the question I have for now.

Journalist: To the Police Commissioner I would like to know how far is the assembling of the team that was supposed to investigate the Pistorius’ case.

Journalist: Mind just speaks to the training of the police; this is also for the Police Commissioner. I would like to know do you feel the police have been adequately trained to deal with cases of violence against women and children based on the fact that the crime scene of Mr Pistorius was also contaminated by the investigating officer.

Journalist: Minister it is very important that everybody in the country follows the law but if the State itself does not set the example then we cannot expect our citizens to pick up on that. I am referring to the so-called spy tapes, when the NPA will release those spy tapes. I know you have handed it back to The Presidency and all that but there is a very strong perception that you are just trying to, rather than if not necessarily following the letter of law you are certainly ignoring the spirit of the law.

Journalist: My question was on clarity on the publishing of convicted fraudsters. I asked the question is it going to be similar to what the Western Cape does when it publishes convicted drunk drivers in the front page of the newspaper. That is what I was trying to understand from the Minister.

Journalist:  To the National Police Commissioner and Minister Ndebele. There are reports in the Sunday papers this morning that Mr Pistorius was kept in a special cell during this week while awaiting bail and that the cell was treated differently to how normal prisoners are kept while they await trial. I just want to find out from the national Police Commissioner if this was in fact true. And from Minister Ndebele cases such as these where high profile people are given special treatment, is this not undermining the work that you are doing.

Journalist: Earlier this week I spoke to a woman, who says that her perpetrator is living in her community, police didn’t take a statement from her, she was accusing the man of having raped her and also a case of domestic violence. Police didn’t take a statement from her and the man was never arrested. I have also spoken to many women who are also in the same situation who say that police are not doing enough groundwork in making sure that there is conviction in their cases whether it is domestic violence or rape. I just want to find out your response on that, does it have to be a big case for there to be an intervention from a commissioner or from someone in Government office.

Journalist: Once again my colleagues have stolen my thunder. But just out of curiosity we are talking about these inmates who have to have this qualification and it will be compulsory. What if they don’t pass, what are we going to do with them? Just curious.

Minister Jeff Radebe: This press conference of the JCPS Cluster was called to deal with the issues emanating from the State of the Nation Address by the President so I am now issuing an order that the questions about Oscar Pistorius will not be answered in this press conference. So if the media is entrusted they can either contact the police outside the press conference or the National Prosecuting Authority. So which leaves us with 2 questions, the issue of the training of police as well as the issue of, oh and the so-called spy tapes, that are a matter for the National Prosecuting Authority, it is a court case also that can be answered outside this conference. Which leaves us with 1 question now with national Police Commissioner about the training of police. Those who are not taking statements from victims, maybe you can just explain the process or procedure.

National Police Commissioner, Mangwashi Phiyega: Let me start off with the issue of training. Any system, any organisation will always engage in continuous improvement. I do want to say we have invested a lot in terms of training our police. Let me remind all of you that we have moved from a 6 months training to a 2-year training for our police. We have revised their curriculum to try and be as comprehensive as possible so that a number of generic service offerings for police are taken into account. From there it will be electives and they would have to spend something like 2 years in the service to specialise in particular areas. So I would like to say you can never have absolutism in terms of training. As and when we pick up gaps we shall continuously improve our offerings because the environment is also not sceptic it is dynamic so we respond to the dynamism of that situation. My answer to you is that we are happy with the training we are offering and we shall continue to improve the training of our police.

On the issue that was raised on details, people who report cases that are not handled. I would appreciate to receive some of those cases so that we can look into them because right now I would academically give you a response. Thank you Minister.

Minister Jeff Radebe: Just parting short that in addition to what the National Commissioner has said that as we have said that all the good work that law enforcement agencies are doing will not be able to succeed unless communities themselves come forward and become part and parcels of ensuring that there is peace in our communities. They report offender’s including those who abuse women and children, either to the police or to the Justice System as a whole. So we will appreciate that, go to us directly we will intervene, so that there is no status in the manner in which law enforcement agencies operate. Whether you are a superstar or a common man, the law must take its course. On the last question I forgot to answer on the names of people found guilty of corruption or assets being seized. Publication means we will use all communication mediums available whether it is electronic, newspapers, radio, SAFM, Television, community radio stations, pamphlets so that people this information. So the details of those officials will work out what will be the best means of disseminating this information to the public that is the key word, to publish the names of those people. Thank you.

Appendix

Justice, Crime Prevention, Safety and Security Cluster (JCPS) post-State of the Nation Address media briefing by Minister of Justice and Constitutitonal Development Jeff Radebe

24 Feb 2013

Ministers
Deputy Ministers
Directors-General
Members of the media

The adoption of the National Development Plan (NDP) by government as the vision for the country encourages us to intensify our efforts in pursuit of public safety. As the JCPS Cluster, we are aware that Safety and Security is a critical component of this journey to a South Africa in which all will have water, electricity, sanitation, jobs, housing, public transport, adequate nutrition, education, social protection, quality healthcare, recreation and a clean environment.

The proposals made in the NDP require that government develops practical and implementable strategies to ensure the realisation of socio economic rights. The Cluster is mindful that for South Africa to secure socio-economic rights, our criminal justice system will have to operate efficiently and sustain confidence amongst investors and entrepreneurs.

Violent protests

Infrastructure development is key to economic growth and government’s commitment to reduce levels of inequality, poverty and unemployment. Lately, we have observed incidents of violent and disruptive conducts during demonstration and protests, which interfere with the rights of other citizens and have caused damage to public facilities and in some instance, private property. The Constitution guarantees everyone’s right to peaceful and unarmed demonstration. While we respect this Constitutional right, we will not hesitate to act against individuals whose conduct undermines the rights of others. We will have to ensure that the country’s infrastructure, which is critical for economic growth, is not targeted by vandals during these protests and demonstrations.

As directed by the President, we are discussing with the judiciary and the other stakeholders to ensure that stricter caseflow management processes are put in place to ensure that these cases receive priority.  From the side of the police, a mandatory Basic Crowd Management training is already being offered to all new intakes in the police.  These efforts will be strengthened by a dedicated detective team and Legal Officers to advise and assist the Public Order Policing Units, as well as enhanced capacity within Crime Intelligence Units.

Regarding the backlog interventions I wish to express appreciation for the work these additional courts are doing. The country-wide situation regarding both the outstanding and the backlog cases (per court level) in the lower courts has improved significantly in quarter 3 with the total backlog case numbers for all courts now below 30 000 cases (namely, 29 604). At the end of March 2012, 34 926 cases were backlog cases representing 17.4% of all cases on the outstanding roll of 200 532 cases. At the end of December 2012, this was reduced to 29 604 backlog cases, representing 16.2% of the outstanding roll of 194 725 cases. This reduction means that the Regional and District backlog courts have removed 17 425 cases from the court rolls since 1 April 2012 until the end of December 2012.

We have also met the target for an increased number of finalised criminal cases per annum for the quarter ending December 2012. The 2012/13 quarter 3 target was an increase per quarter to 76 657 cases finalised. In this regard we surpassed the target and managed to finalise 78 584 criminal cases at end of Q3 with a total year to date achievement of 248 022 cases finalised.

We have also managed to increase the number of cases finalised through diversion or Alternative Dispute Resolution Mechanisms (ADRM). For the past financial year till December 2012 we have finalised 33 526 cases through ADRM with a total year to date achievement of 104 068 cases finalized. This has surpassed the target set for the quarter (32 810).

Violence against women and children

The JCPS cluster is also concerned about the reports of sexual and domestic violence, which continues to undermine the rights of vulnerable people, in particular women and children. More concerning is that these kinds of crimes happen in our homes and are committed by people who are known to the victims. This challenge therefore requires that all social agents work together with the law enforcement agencies to root out these tendencies. On its own the criminal justice system will not be able to eliminate this scourge in our society. We urge community members to come forward and report these crimes so that perpetrators may be brought to book.

With regards to gender-based violence, the re-establishment of the Family Violence Child Protection and Sexual Offences unit in 2010. Nationally there are 176 established Family Violence Child Protection and Sexual Offences Units attached to all police clusters in SAPS. In support of the investigation of such crimes, over 2000 Forensic Social Workers were appointed to deal with crimes against children in order to provide expert evidence in court. Since the re-establishment there were a combined 36 225 years imprisonments and 695 life imprisonments.

The Cluster has implemented various measures to ensure that these cases are dealt with effectively and finalised in time while ensuring that victims receive the necessary support. The re-establishment of sexual offences courts will supplement the work that is being done by the cluster to ensure that these cases are handled successfully. The Family Violence Child Protection and Sexual Offences (FCS) units have proven effective in ensuring efficiency in combating and investigating crimes against women and children. Nationally there are 176 established Family Violence Child Protection and Sexual Offences Units. In support of the investigation of such crimes, Forensic Social Workers were appointed to deal with crimes against children in order to provide expert evidence in court.

We welcome the adoption of the Prevention and Combating of Trafficking in Persons Bill by the National Assembly as this legislation will further strengthen coordination in the fight against gender based violence. Women and children are mostly targeted for trafficking and subjected to forced labour, exploitation and sexual violence.

Strategies implemented to reduce crime

Our ability to safeguard complex and huge events was once again proven as the African Cup of Nations (AFCON) was hosted safely, cementing our international standing as one of the safest destinations.

The levels of crime continue to drop and contrary to the current discourse, more people are beginning to feel safe. There is an increase of 8% in the public appreciation of how government is doing in reducing crime levels when compared to five years ago (32% in November 2007 to 40% in November 2012). These findings are encouraging and in line with the 2011/12 (SAPS) National crime statistics report. Victims of Crime Survey 2012 (VOCS) shows that 38% believed that the level of violent crime had decreased in their area of residence compared to 33% who said that crime had increased, 29% believed that crime had stayed the same during the period 2009 to 2011.

The rehabilitation programme contributes towards reduced levels of crime by limiting the chances of reoffending. Rehabilitation equips inmates with skills required to enhance their re-integration into society and prepares them to sustain themselves without reverting back to crime. From the new financial year (1 April 2013), it will be compulsory for every inmate, who does not have a qualification equivalent to Grade 9, to complete Adult Education and Training (AET) level 1 to 4.

Appointment of NDPP and Head of SIU

To strengthen the cluster’s resolve to deal decisively with crime and corruption, the President has prioritized the filling of all vacant posts at the upper echelons of the criminal justice system and appointments, including that of the National Director of Public Prosecutions (NDPP) and the Head of the Special Investigation Unit (SIU) will be made soon. It is important to recognize that the length it has taken to make an appointment of the NDPP must be viewed in the context of the prior judicial processes. 

The fight against corruption

The fight against crime requires that we deal effectively with corrupt officials whose actions undermine the integrity of the criminal justice system and the work of the JCPS cluster as a whole.

Similarly since 2010, 237 persons have been arrested, 32 have convicted whilst only two have been acquitted and the other 203 accused persons are still before court.

The cluster is committed to fighting corruption at all levels and areas of our society. Since the establishment of the ACTT in 2010, good progress has been made in recovering the proceeds of corruption. Criminal assets of 59 persons to the value of R816 million have already been frozen. Nearly R78 million has already been forfeited and returned to the state. The ACTT, working with the Department of Rural Development and Land Reform, have recovered 3 farms to the value of R59 million which were lost through corruption. These can now be used for proper service delivery to the poor in the land reform program. Another 5 farms to the value of R74 million have been frozen and should be recovered soon.

Good progress is also being made with regard to our intervention in Limpopo in terms of Section 100 of the Constitution. The ACTT is currently investigating 39 criminal cases involving fraud and corruption. This includes 29 persons and 4 companies were brought before the court as part of the on-going criminal investigations.

87 persons have been identified as having potentially benefitted more than R5 million from corrupt activities. Freezing orders have already been obtained against 32 persons who personally benefitted R5 million. The use of freezing orders is an important weapon of fighting corruption to prevent those involved in corruption from benefitting from ill-gotten gains while their cases are being finalised.

Modernisation

Several technological projects seeking to modernize the functioning of criminal justice system and enhance coordination are at an advanced stage. The Electronic Case Management System (ECMS) was introduced to ensure the integration of the Criminal Justice System (CJS). The integration with SAPS systems was established in early February 2013 to provide instant messaging and case details to the process clerks, eliminating manual data capturing. The current ECMS solution is being enhanced to a fully integrated solution that will enable the Prosecutors to manage the electronic information relating to criminal cases which will include electronic charge sheets and the ability to enroll cases electronically. In the process this will automatically create an electronic court roll at the Department of Justice and Constitutional Development. The ECMS will further make it possible to receive real time case update information from the Department of Justice and Constitutional Development and South African Police, keeping the prosecutor informed of important case outcome information such as postponements dates and bail status. The Integrated ECMS solution is planned to be rolled out to 20 more sites by the end of 2013 and to additional 100 sites by the end of 2014.

The Department of Correctional Services is currently implementing a pilot project for electronic monitoring of certain categories of inmates placed on parole, which started on 14 February 2012. It is our view that the pilot has been a resounding success, and that it is time to extend electronic monitoring to other categories of offenders, including those still serving custodial sentences in our centres.

As a means to increase the capacity in this environment, there were 40 specialised DPCI investigators trained in the current financial year to ensure an increase in the detection of cyber-crimes. At the end of the third quarter, at least 60% of identified threats have been successfully addressed.

We are also stepping up our measures to address cybersecurity and will soon make announcement on the progress regarding the implementation of the National Cybersecurity Policy Framework. Let me just add that we have had several successful investigations leading to trials regarding cybercrime matters. Last year till December 2012, 113 cases of cybercrime were finalized with an 83.1% conviction rate.

Government is committed to protecting and ensuring the identity and status of South African and foreign nationals alike.  As such, the Department of Home Affairs is seized with a modernisation programme which will, amongst others, see an integration of all its systems.  In the year head, the smart ID card will also be rolled out following a successful pilot in 2012.

Rural Safety

Significant steps have been taken to ensure rural safety in the various provinces of our country. The appointment of Rural Safety Coordinators at provincial, cluster and all rural police stations contributed in enhancing coordination, community involvement and cooperation amongst all stakeholders. 

Securing our borders

The SANDF’s deployment at our country’s borders continues to contribute significantly in reducing the levels of crime and safeguarding of the sovereignty of our country. Successes during the past year include a total of 19 887 undocumented persons being apprehended, contraband to the value of R18,8 million,  44 weapons, 7 726 kg of dagga being confiscated,  stolen vehicles recovered,  criminals arrested and 10 301 livestock recovered.

Conclusion

The JCPS Cluster continues to build a criminal justice system that is responsive to the needs of the people and is able to handle the security needs of our country. The task of building a safe and prosperous South Africa requires a social pact amongst all of us to play our roles with commitment and unflinching loyalty to the values enshrined in our Constitution. Let’s all go out there and work to ensure that the people of South Africa are and feel safe.

NGIYABONGA

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