Question NW127 to the Minister of Justice and Correctional Services
05 March 2024 - NW127
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
Whether the budget cuts in his department have impacted any programmes run by his department; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The budget cuts are expected to impact the Department of Justice and Constitutional Development substantially.
Relevant details:
Court Administration: Budget cuts will obstruct the expansion of specialized courts for commercial crimes and impede the full implementation of gender-based violence legislation. A significant increase in case backlogs is anticipated, with an estimated additional 150,000 cases. The delays in processing maintenance cases and administering estates will negatively impact beneficiaries dependent on these funds.
State legal Services: The State Attorney's capacity to settle cases and reduce contingent liabilities will be hindered, leading to potential losses in litigation and increased state expenditure. Additionally, efforts to overhaul the civil justice system and reform legal services will be significantly impeded, potentially undermining the efficacy and reliability of state litigation and legal services.
National Prosecuting Authority's (NPA): The budget cuts will severely disrupt the NPA’s progress in handling complex prosecutions, particularly those involving state capture cases. the provision of adequate protection services for prosecutors, the ceasing of the Aspirant Prosecutors programme which was the training programme for next generation prosecutors and will impede the expansion of Thuthuzela Care Centres which were introduced as a critical part of South Africa’s anti‐rape and gender‐based violence strategies, which aim to reduce secondary victimisation, improve conviction rates and reduce the time taken to finalise cases.
Special Investigating Unit: The budget cuts will restrict increasing staff to address a growing number of investigations, which could damage its reputation and hinder its ability to achieve strategic goals such as improved investigation times, data analytics for corruption cases, accelerated civil litigation, and digital transformation.
Legal Aid South Africa: A substantial decrease in the number of courts served and a reduction in civil cases due to a shortage of practitioners. This will also lead to a strained staff complement due to higher caseloads, increased service complaints and a significant rise in court backlogs.
Modernisation: The budget cuts will significantly constrain the Department’s technological operations and infrastructure. Essential system maintenance and the progress achieved with a new data centre are at risk. Planned ICT upgrades and the deployment of the Court Audio Visual System are likely to be delayed, forcing continued reliance on outdated equipment. The department must keep pace with rapid technological changes, which necessitates substantial financial investment.