DoJ&CD, DCS & OCJ Budget: Committee Reports

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Justice and Correctional Services

03 June 2020
Chairperson: Mr G Magwanishe (ANC)
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Meeting Summary

The Committee met to consider three reports:

Report on the Strategic Plan for 2020/21–2024/25 and Annual Performance Plan for 2020/21 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice and Judicial Administration

Report on the Strategic Plan for 2020–2025 and Annual Performance Plan for 2020/21 of the Department of Correctional Services, and Vote 22: Correctional Services

Report on the respective Strategic Plans and Annual Performance Plans 2020/21 of the Department of Justice and Constitutional Development, National Prosecuting Authority, Legal Aid South Africa, Special Investigating Unit, Public Protector South Africa, South African Human Rights Commission and Information Regulator; and Budget Vote 25: Justice and Constitutional Development.

Following deliberations, the reports were adopted with amendments. The DA and ACDP reserved their positions on the reports.

Concern was expressed that some of the Committee recommendations had no timeframes for when the Department would be expected to have implemented them.
 

Meeting report

The Chairperson welcomed everyone to the consideration of three Committee reports on Strategic Plans and Annual Performance Plans 2020/21 of departments and entities under the Committee’s purview.    

Committee Report on the Strategic Plan for 2020/21–2024/25 and Annual Performance Plan for 2020/21 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice and Judicial Administration

The Chairperson took the draft report as read as it had been sent to Members prior to the meeting. He took the Committee through the report page by page.

Adv S Swart (ACDP) noted the use of the terms ‘risk-based assessment’ on paragraph 1.1 and proposed the use of ‘risk-adjusted strategy’ instead.  

Members agreed. 

Mr W Horn (DA) commented on paragraph 3.1 and proposed that it read as follows: The Committee has noted that in the absence of a final court administration model, the making of regulations dealing with the functioning of SA Courts leads to some discord between the Judiciary and the Executive. He further suggested the addition of a statement by the Minister of Justice in his political briefing to the Committee that the issue of a final court administration model will receive the Department’s attention.

Ms J Mofokeng (ANC) felt the essence of Mr Horn’s proposal was already well-articulated and hence there was no need to make any additions.

Majority Members agreed with Ms Mofokeng.  

The Chairperson put the report up for adoption with amendments.

Ms N Maseko-Jele (ANC) moved.

Ms W Newhoudt-Druchen (ANC) seconded.

Mr Horn reserved the DA’s position.

Adv Swart reserved the ACDP’s position.

The report was adopted with amendments.

Committee Report on the Strategic Plan for 2020–2025 and Annual Performance Plan for 2020/21 of the Department of Correctional Services, and Vote 22: Correctional Services

The Chairperson took the Committee through the draft report page by page and asked Members to indicate if they had any comments.

Adv Swart commented on paragraph 2.11. The Minister, during a Committee briefing, had mentioned that the Department was currently looking at a mechanism to deal with Awaiting Trial Detainees (ATDs) who have been granted bail but cannot afford it. He suggested a statement be added that the mechanism must be adopted widely as many of those inmates might not be found guilty in a subsequent trial: The Committee believes that this mechanism (section 63A) should be more widely used as there are, according to the Minister, approximately 5000 ATDs who are unable to afford bail, many of whom may be found not guilty in their criminal cases.

There were no objections from Members.

Mr Horn proposed an additional recommendation as follows: The Committee has taken note of the undertaking by both the Minister and the Department of Correctional Services that a Bill is being processed to give effect to the Sonke Gender Justice judgement case to establish and strengthen the independence of the Judicial Inspectorate. The Committee recommends that the Bill be processed within the current financial year.

There were no objections from Members.

Adv Swart noted that some of the Committee recommendations had no timeframes for when the Department would be expected to have implemented them. For instance, the recommendation on the review of the parole system on paragraph 7.9. Also, the Department ought to bring about legislative amendments as per its commitments expeditiously.

The Chairperson suggested that subcommittee Members be mandated with the responsibility to come up with timeframes and timelines with firm but workable dates which take into account the effects of the pandemic as well as court deadlines, informed by the Committee programme. The full Committee would be subsequently briefed on this. The Committee was not averse to setting dates at all as this assists in meeting and measuring deliverables. Reasonable timeframes ought to enable the Committee to carry out oversight meaningfully.

Adv Swart was satisfied with the proposal.

Mr Horn objected to the Chairperson’s proposal. The Committee report was going to be tabled before the House and it ought to be clear how the Committee will hold the Minister and the Department to account in this financial year. The Department of Correctional Services is a consistent underperformer, hence the report must not be silent on key issues on the basis that the subcommittee will deal with them. The majority might have its way but the DA’s objection must be noted.

The Chairperson pointed out that the subcommittee reports to the Committee; there is no point in having unrealistic timelines. It will be the subcommittee’s responsibility to make determinations on timelines to which it will then be expected to report back to the full Committee. There has to be application of minds on the timeframes and the full Committee will makes follow-ups on all set commitments.

Mr R Dyantyi (ANC) said, as a Member of the subcommittee, he would be happy to implement the Chairperson’s proposal then report back to the full Committee.

The Chairperson said the subcommittee will be expected to brief the Committee on timeframes before the report is tabled before the House for adoption. He put the report up for adoption with amendments.
 
Ms Mofokeng moved.

Mr X Nqola (ANC) seconded.

Mr Horn reserved the DA’s position on the report.

Adv Swart reserved the ACDP’s position as he had to first hold discussions with his party caucus.

The Report was adopted with amendments.

Committee Report on the respective Strategic Plans and Annual Performance Plans 2020/21 of the Department of Justice and Constitutional Development, National Prosecuting Authority, Legal Aid South Africa, Special Investigating Unit, Public Protector South Africa, South African Human Rights Commission and Information Regulator; and Budget Vote 25: Justice and Constitutional Development

The Chairperson took the Committee through the draft report page by page.  

Adv Swart commented on paragraph 16.4 which speaks to COVID-19-related transgressions. The draft report states that the Minister is aware of the challenge and intends to introduce a Judicial Matters Amendment Bill to address the problem. He proposed that the Committee request the Department to advise by when this will be done as the Minister’s proposal was open-ended and existing legislation would impact more than 250 000 individuals with transgressions who might sit with a criminal record if they pay admission of guilt fines. This is a very serious issue.  

Adv G Breytenbach (DA) agreed and added the introduction of a Judicial Matters Amendment Bill was a matter of urgency and ought to be treated as such. 230 000 South Africans have been labelled criminals on the basis of Regulations that have been declared unconstitutional. The Minister must come back to the Committee and tell Members how this would be dealt with as a matter of urgency. The Committee should not wait further than this month for some indication on when the Bill was going to be introduced.

The Chairperson felt end of June would be too early. He suggested end of July instead.

Adv Breytenbach said the Committee would want to get a report from the Minister or some indication on when the amendment Bill will be introduced before July. People with cases of contraventions of COVID-19 Regulations who have been sent summonses are expected to appear before courts soon- either to pay fines or plead on these matters. This should be treated with the urgency it deserves.

Adv Swart proposed that the Committee request that the Department table the Bill before the end of July. If the Department fails to do so, Members should consider drafting a Committee Bill which would also avoid a lot of processes involving Cabinet. 

Members agreed.

The Chairperson put the report up for adoption.

Mr Nqola moved.

Ms Mofokeng seconded.

Mr Horn reserved the DA’s position.

Adv Swart reserved ACDP’s position.

The report was adopted with amendments.

The Chairperson thanked Members and Committee staff for their inputs and efforts. The reports crystallise the Committee’s work going forward.

The meeting was adjourned.

 

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