Minister of Justice and Constitutional Development Budget Speech

Watch: Mini-Plenary (Debate on Vote 25)

Address by the Minister of Justice and Constitutional Development, Ms Thembi Simelane, MP, on the occasion of the Department of Justice Constitutional & Constitutional Development Budget Vote Debate on the 17 July 2024 in Parliament, Good hope Chambers, Cape Town

Honourable Chairperson
Honourable Members of the Portfolio Committee
Deputy Minister of Justice and Constitutional Development, Mr Andries Nel Chairpersons and Heads of departmental Entities
Director-General of the DoJ & Constitutional Development and the Team Distinguished Guests
Ladies and Gentlemen Good afternoon

Exactly 73 years ago, on this day, the then National Party government gave effect to the Bantu Authorities Act No 68 of 1951, the very first piece of legislation introduced to support the government’s policy of separate development.

An inhumane and backward piece of legislation which heralded a balkanization of South Africa and divided the people of this country according to their ethnic groups.

Honourable Chairperson, this year marks 30 years of our liberation from the yoke of tyranny, injustice, and separate development. The commemoration of the 30th of our constitutional democracy presents us an opportunity to reflect on the journey we traversed over the years and the significant milestones we achieved since our first non-racial democratic national elections.

Honourable Chairperson, Ladies and Gentlemen, one of the aspirational goals of our Constitution is to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights, significant strides have been made to that effect.

Access to Justice in a constitutional democracy

Globally, access to justice is widely used to define measures undertaken by States to improve the lives of the most vulnerable communities, in particular the poor and the indigent and denotes a commitment by such States towards the attainment of universal human rights and justice.

Access to justice is defined in the context of programmes undertaken by States to promote equality, eradicate poverty, improve literacy, and empower vulnerable communities as part of the initiatives which seek to promote and enhance access to justice.

As part of the 30 -year review, a constitutional compact will be developed. The compact will over the year bring various think tanks and stakeholders together in reviewing the constitution and tracking the implementation of constitutional judgements.

Supporting the Rule of Law and democratic governance, the department supports, notwithstanding their independent mandates, the South African Human Rights Commission, and the Office of the Public Protector.

Until human rights and constitutional literacy is improved, participatory democracy and social cohesion will be limited and as important, people will not be well positioned to defend and protect their rights. Given the historical past, the ravages of apartheid remain all too pervasive.

Access to Justice

A significant amount of work has been done in the 30 years of democracy and freedom to expand access to justice to the majority of South African through the construction of a brand new court facilities, renovation of existing courts, increasing the number of interpreters, making our buildings disability friendly, as well as the rationalisation of magisterial districts to ensure that communities are served by the court nearest to them.

In March 2024, the long awaited multi-million-rand Port Shepstone Magistrate’s Court was officially opened and handed over by the Department of Public Works and Infrastructure to the Department in the presence of the community of Port Shepstone. This new court consists of 16 courtrooms – a high court, district courts, regional courts, sexual offences courts, civil courts, family courts and an equality court. There is also parking for 255 vehicles, for use by both staff and visitors. This court was built following concerns that the old court was inaccessible to the public.

Now, the new court is a one-stop shop because it brings together a variety of services within the justice realm. We have also seen the launching the newly revamped Polokwane Magistrates Court as well as the Chartsworths Magistrates courts in our quest to bring justice services closer to the people.

The expungement of criminal records is one of the most important service delivery initiatives by the Department. Through expungements, members of society who have been prosecuted and served their sentences can apply for their criminal record to be removed. This enables rehabilitated individuals to be reintegrated into communities and work towards making a positive contribution to society away from a life of crime.

Notably, in 2023/2024, the Department issued 19 747 expungement certifcates. Given the high number of expungement applications, the Department is building more capacity to simplify and expedite the application process. The Department has designed and piloted the digitisation of the expungement register and online application system.

The Criminal Procedure Act has been amended by the Judicial Matters Amendment Act 2023. This section provides for the automatic expungement of all criminal records relating to in terms of Covid-19 regulations (Disaster Management Act 2002).

In the past three years, 214 courts have been upgraded to provide disability-centric support services. The Department will accelerate this work in the current financial year, with the upgrading of an additional 68 courts.

The Department continues to explore various initiatives to maximise access to justice to all people in South Africa. In pursuit of this objective the Department will convene a Symposium on Access to Justice in September 2024 that will consider issues relating to the impediments hampering access to justice and explore enduring solutions.

Implementation of Court Infrastructure and Security Access

Ensuring robust security at our courthouses is a top priority. It is our considered view that, any perception of an unsafe court environment would severely undermine the integrity and efficiency of our judicial services.

Recognising the paramount importance of security, we are committed to establishing an integrated interdepartmental court security infrastructure. This coordinated mechanism will proactively assess, evaluate, and analyse potential risks, ensuring the safety of our infrastructure, personnel, and the justice process.

Office of the Master of the High Court Turnaround Plan

The Masters Office serves the public during their most vulnerable moments, offering support when they are dealing with grief or when children who need money from their deceased guardian’s estates to fund their education.

The Department continues to implement the Masters turnaround strategy which will be inclusive of internal improvement of business processes, improved stakeholder collaboration and improved customer services delivery model.

In this regard, the Department is currently undertaking a benchmarking exercise to learn from best practices from other government institutions such as the South African Revenue Service and the Department of Home Affairs from their efficient online systems that our department can learn from.

We remain committed to cleaning up the scourge of corruption within the Masters Office. Testament to this are the findings of an audit report commissioned by the Department as well as a Special Investigating Unit (SIU) report which investigated the financial affairs of the Masters Office.

These measures led to the Department placing 13 senior managers and other officials on precautionary suspensions pending the outcome of investigations into allegations of financial irregularity and maladministration in the affairs of the Office of the Master of the High Court and Family Law Services.

Ending the scourge of Gender-Based Violence and Femicide

The scourge of gender-based violence and femicide continues to cast a dark shadow over our nation and I wish to reiterate the call for all sectors of society to join hands in bringing it to an end.

The Department continues to strive to improve ease of access to justice for victims of domestic violence. To make the process related to application for protection orders more accessible, we have introduced an online application service of domestic violence protection orders. Those who feel threatened with domestic violence may now apply for protection order wherever they are through their smartphone.

Following an online application, the clerk of the court must serve the protection order on the respondent via email within 24 hours. With this intervention, victims of domestic violence receive speedy protection, which may significantly reduce the risk of domestic violence escalating to an incident of femicide and domestic homicides.

In line with the Presidential Summit on Gender-Based Violence and Femicide, 2022 Resolutions, the Department is finalising the development of a Femicide Watch to collect data and monitor GBVF incidents and trends.

This national repository will provide data on GBV-related femicide cases, assisting the government and partners in creating informed interventions. This year, we aim to finalise Phase 7, capturing and analysing live data from SAPS and Department.

Parliament has recently passed the three GBV Amendment Acts, significantly changing the legal framework in the GBVF sector. Our Department bears the responsibility to ensure the multisectoral implementation of these laws nationwide and to create a compliant court system.

Modernisation of the criminal justice system

Through modernisation of our systems, the Department ensures that services are more accessible to the public, particularly in remote and underserved areas. By embracing modernisation, we seek to transform the criminal justice system and make it more accessible, efficient, responsive, and user-friendly. Through modernising and digitalising South Africa’s courts, applications for services will be initiated, processed, and tracked through these online channels without the public having to physically visit a service point.

In the current financial year, the Department will embark on a network improvement project to ensure that there is an uninterrupted network services in our courts and service points.

Turning the tide Against Corruption

Honourable Chairperson,
We will continue to redouble our efforts in the fight against corruption. Thus, we have established a permanent prosecution-led unit, within the NPA, the Investigating Directorate Against Corruption (IDAC), with criminal investigative powers through newly enacted legislation to address complex corruption and state capture-related crimes.

Despite initial resource and capacity limitations, the IDAC has grown impressively, now boasting over 100 highly skilled employees. To date, the IDAC has authorised 117 cases, involving 212 individuals and 68 entities, with 78 cases under active investigation and 39 cases enrolled. The implementation of IDAC will further enable us to recruit essential expertise to bolster our efforts against intricate criminal activities and corruption linked to state capture.

In our continued commitment to integrity and accountability within the NPA, we have launched the Office for Ethics and Accountability (OEA) to foster ethics, integrity, accountability, compliance, and good governance within the prosecuting authority.

The NPA has adopted a Corporate Alternative Dispute Resolution (ADR) policy, driven by international best practices, to resolve cases involving corporations accused of serious corruption through alternative means, rather than relying solely on criminal prosecution. This innovative approach has already yielded significant results, including R2.68 billion in punitive reparations and R770 million in recoveries for serious crimes committed at Eskom during the state capture period.

The Department, through its entities, will continue to pursue an anti-corruption agenda and ensure that a legal and regulatory framework is in place in the fight against anti-corruption.

TRC Prosecutions

A dedicated team of sixteen TRC prosecutors and thirty-four investigators is currently handling 137 ongoing investigations, with 24 cases concluded. The National Prosecuting Authority appointed Adv Dumisa Ntsebeza SC, to review whether the measures put in place by NPA to address the issue of TRC prosecutions are adequate. The Ntsebeza SC report was shared with this office and its findings are under serious consideration as we consider these matters to be of great importance.

Dealing with Organised Crime

The NPA has achieved an impressive 93.4% conviction rate in prosecuting organised crime cases. We have developed an extensive Organised Crime Strategy, demonstrating our commitment to combating and reducing organised crime. This strategy involves close collaboration with key partners such as the SAPS, the Directorate for Priority Crime Investigation, and the South African Revenue Service. We are also enhancing our internal analytical capabilities to effectively address both current and emerging types of organised crime.

Aspirant Prosecutor Programme

In May 2023, the NPA welcomed 700 young professionals through the Aspirant Prosecutor Programme, marking the largest intake since the programme’s relaunch. While financial constraints prevented a new intake for 2024, there are plans for a smaller intake in 2025, ensuring the continuous infusion of fresh talent into the NPA.

Strengthening the capacity of the criminal justice system

In our unwavering commitment to justice and the rule of law, I am proud to announce the relaunch of the Brigitte Mabandla Justice College and the creation of the Anti-Corruption and Cyberforensic Academy, along with new Schools of Prosecution, Leadership, and Business Application. These initiatives mark significant progress in our effort to promote integrity and improve the skills of our legal professionals, the JCPS, and the public sector.

The Anti-Corruption Academy will specialise in training individuals in the latest methods of detecting, investigating, and preventing corruption, thus equipping our public servants and law enforcement officers with essential skills to combat corruption at all levels of government.

Repealing apartheid era Legislation

In commemorating our 30 Years of our Constitutional Democracy, one of the central pillars in reshaping and strengthening our constitutional democracy is the review and repeal of apartheid legislations, which is the significant task we are undertaking as the department.

Departmental budget

The overall departmental allocation for the year 2024/25 stands at R25.164 billion. This allocation will support critical operations across our department, including court services, state legal services, the National Prosecuting Authority, and our auxiliary and associated services.

A significant portion of our budget, R4.233 billion, is allocated to Cost of Employment (CoE) adjustments, addressing the vital cost of living increases for our dedicated staff.
Additionally, R628 million is earmarked for implementing the crucial recommendations of the Financial Action Task Force (FATF) and the Zondo Commission, ensuring we continue to enhance our justice system’s integrity and effectiveness.

Our strategic focus over the Medium-Term Expenditure Framework (MTEF) period centers on improving service efficiencies through digital transformation and modernization.

In the new financial year, the department received a baseline increase of R1.321 billion on the compensation of employees to fund the carry-through costs for the Cost-of-Living Adjustment (COLA).

This adjustment will relieve financial pressure on the department’s compensation of employees (COE) budget in the current financial year, as there was no additional budget allocation previously provided to fund the same. On the other hand, a budget reduction of R1.586 billion as implemented as part of National Treasury’s drive to manage the State debt.

Conclusion

As we present this Budget Vote a day before we celebrate the International Mandela Day, we are reminded of the philosophical expressions of Nelson Mandela, the iconic father of our rainbow nation, when he opined that, "No one is born hating another person because of the colour of his skin, or his background, or his religion. People must learn to hate, and if they can learn to hate, they can be taught to love, for love comes more naturally to the human heart than its opposite." Instructively, this quote underscores our commitment to foster social cohesion, nation-building, and democratic participation as outlined in the Statement of Intent of our Government of National Unity.

Our efforts are cantered on strengthening law enforcement agencies to tackle crime, corruption, and gender-based violence, while enhancing national security capabilities.

Concurrently, we strive to eradicate racism, sexism, tribalism, and all forms of intolerance through collective action and common programmes.

By upholding these values and honouring Nelson Mandela's vision, we aim to build a South Africa where justice, equality, and human dignity flourish.

Lastly, I want to thank the honourable members of the portfolio committee on Justice and Constitutional Development, and the Deputy Minister, Mr Andries Nel, for his continued support in leading the programmes in the administration of the justice portfolio, Director- General, Advocate Doc Mashabane, the management team, and staff in the justice family for their tireless efforts. A special word of thanks also goes to Heads and Chairpersons of statutory bodies, distinguished members of the legal profession and all our social partners.

Thank you!

 

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Address by the Deputy Minister of Justice and Constitutional Development, the Hon AC Nel, MP, at the Debate on Vote 25 (Justice and Constitutional Development), National Assembly, 17 July 2024

Honourable Chairperson, Minister Simelane,
Ministers and Deputy Ministers,
The National Director of Public Prosecutions, The Head of the Special Investigating Unit,
The Chairperson and Members of the Portfolio Committee, The Chairpersons and Members of our Chapter 9 institutions,
The Chairperson and Members of the Board of Legal Aid South Africa, The Chairperson and Members of the Information Regulator, Distinguished guests,
Honourable Members,

Tomorrow we celebrate the birthday of the icon of our democracy, our beloved Madiba, who was born on 18 July 1918.
As we focus on our courts today, in this Mandela Month, we think back to how Nelson Mandela himself experienced the courts and the justice system when he appeared in the dock.
In his 1962 trial, which was held in the Old Synagogue in Pretoria he delivered what would later be known as his “Black Man in a White Man’s Court” speech.
He applied for the magistrate to recuse himself and said, I quote –
“I challenge the right of this court to hear my case on two grounds.
Firstly, I challenge it because I fear that I will not be given a fair and proper trial.
Secondly, I consider myself neither legally nor morally bound to obey laws made by a
parliament in which I have no representation.”

He continued to say that he feels like, I quote,
“I am a black man in a white man's court. This should not be.
I should feel perfectly at ease and at home with the assurance that I am being tried by a fellow South African who does not regard me as an inferior, entitled to a special type of justice.”

Today, as we celebrate 30 years of democracy, we can take enormous pride in the way in which our courts and our justice system have changed.

Today, everyone appearing in a court has the constitutionally guaranteed right to a fair and proper trial. Nobody can question the legitimacy of our courts - our courts are independent and subject only to the Constitution and the law.

Today, we have a judiciary which broadly reflects the racial and gender composition of our country.

Every person who is detained has the right to be informed of the reason for being detained, and to have a legal practitioner assigned to them at state expense, if substantial injustice would otherwise result.

Today we have the rights, the courts and a justice system for which so many South Africans sacrificed their lives.
We therefore owe it to them to ensure that justice is not only done but is, as the saying goes, manifestly seen to be done.

Access to justice lies at the heart of what we do.
And we need constantly to look at ways in which access to justice for all can be improved. In this regard, a symposium on access to justice will be held later this year to examine impediments hampering access to justice and explore innovative solutions to these challenges.

The Department has been at the forefront of the fight against Gender-Based Violence in all its forms. We are pleased to announce that we shall be designating and establishing an additional 15 sexual offences courts to provide a victim-centric justice system for survivors.

I also want to mention the successes of the NPA’s Thuthuzela Care Centers.

The number of TCCs, which offer a wide range of services to survivors of sexual violence has increased from 55 in 2020/21 to 64 in 2024. The NPA is collaborating with stakeholders further to identify additional TCC sites across the country.

It is also important to highlight that the TCCs’ scope was expanded so that survivors of all forms of GBV can now receive help and support.

In collaboration with the SAPS, a significant number of DNA reports, totalling nearly 50 000, were successfully processed from October 2020 to May 2024. The objective of this initiative was to accelerate proceedings of sexual offences cases.

We know that GBV and domestic violence can also take the form of economic abuse – often a person will withhold much needed funds from their partner. That is why the issue of maintenance is so important and the Department is working tirelessly to ensure that we finalise maintenance matters within 90 days from the date of proper service of process and that we also speed up maintenance investigations.

Many people visit our courts on a daily basis and the safety of the public, of legal practitioners, of officials and of judicial officers is of the utmost importance.

In 2022, the Department of Public Works and Infrastructure increased the maintenance delegation to R1 million. This increase means that the Department is now able to complete minor, yet much needed work, at courts much faster. These repairs improve the courts' conditions and ensure that the infrastructure is maintained. Minor capital work has enabled the completion of 74 projects in 2023/24.

At least 8 capital projects for the construction of new facilities and the refurbishment of existing facilities are targeted for implementation. These include the Durban High Court and Soshanguve, Mamelodi, Pretoria, Rustenburg, Klerksdorp, Keimoes and Boksburg Magistrates Courts.

To ensure that disruptions to court activities resulting from load shedding are kept to a minimum, the Department has registered 431 projects to install generators at various service points.

Our courts see high volumes of members of the public on a daily basis and, in particular, during high profile cases. Funds have been requested for additional security at courts, with 90 courts identified for the installation of new security infrastructure.

Honourable Chairperson,
There can be no access to justice if people are not aware of their constitutional rights and how to enforce these rights. For this reason, in this financial year, the Department plans to conduct over 400 public education and communication activities to enhance access to justice services and promote constitutional rights. We look forward to the participation of Members of Parliament and their PCOs.

Community-based advice offices are crucial to enhance access to justice for all. The Programme for Legal Empowerment and Access to Justice (or “PLEAJ”) is a funded project by the European Union and over 200 Community Advice Offices have been supported and a further 60 will be funded for the next year.

These community advice offices assist in the promotion of constitutional rights education campaigns, especially for marginalised and vulnerable groups in rural areas.

A major feature of our justice system is the provision of legal aid. Legal Aid South Africa champions the rights of all persons to access justice through the provision of accessible and quality legal aid services.

Legal Aid SA’s Land Rights Management Unit has been operating for just over two years, since the entity took over the management of the component from the Department of Agriculture, Land Reform and Rural Development. The objective of the Unit is to provide quality legal services to farm occupiers, labour tenants and restitution claimants. The Unit took on 1282 new matters in 2023/24 - well exceeding the annual target of 200 new matters.

Honourable Members,
Our courts are very different to the courts of our past – we have made great strides in making access to justice a reality for all.

There are various entities and bodies which fall within the broader Justice family – whether it be the Rules Board, the Information Regulator, the South African Human Rights Commission, the Public Protector, the South African Law Reform Commission, the Legal Practice Council and others – and we look forward to working closely with all these institutions as we start this new term of this 7th Administration.

To the SIU and the NPA, the fight against crime and corruption remains ever high on Government’s agenda and you can be assured of our support in the very important work that you do.

The Department is fundamental to providing justice services at various justice points. We owe it to the legacy of those who fought for freedom to ensure that these services work well.

There is still much to be done to further improve access to justice – and this budget will enable us to do so.

I thank you.