Question NW286 to the Minister of Justice and Correctional Services
24 March 2023 - NW286
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
What total number of (a) criminal and/or (b) civil cases could not proceed due to missing documents in the past 12 months; (2) Whether he has any plan in place to attempt to recover the missing documents; if not, why not; if so, what are the full, relevant details?
Reply:
The Department of Justice and Constitutional Development has assured me that, in most cases, court documents are available. As the Department has a filing system, on which charge sheets are filed.
However, the Honourable Member is requested to alert/inform us if there are specific cases and/or matters that he is aware of, where documents are missing, so that the Department may investigate the matter(s) and report back accordingly.
2. Furthermore, in instances where court records are missing, records or portions of records, this leads to one (1) or two (2) scenarios:
(i) Duplicates are requested from the persons who filed said documents; and/or
(ii) Court records can be reconstructed. However, this process depends on the availability of the Magistrate and the Magistrate’s records, and requires the availability and records of the Prosecutor/s and Legal Aid Attorneys and/or legal representatives involved.
The Department’s nine (9) Provincial Offices regularly meet on a monthly basis and/or as often as the need arises with relevant various stakeholders to address any blockages which may occur.