Hansard: NA: Mini-plenary 3
House: National Assembly
Date of Meeting: 17 May 2022
Summary
No summary available.
Minutes
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MINI PLENARY - NATIONAL ASSEMBLY
TUESDAY, 17 MAY 2022
VOTE NO 25 – JUSTICE AND CONSTITUTIONAL DEVELOPMENT
Watch: Mini-plenary
PROCEEDINGS OF THE MINI-PLENARY SESSION OF THE NATIONAL ASSEMBLY
____
Members of the mini-plenary session met on the virtual platform at 14:00
House Chairperson Ms M G Boroto took the Chair and requested members to observe a moment of silence for prayer or meditation.
ANNOUNCEMENT
The HOUSE CHAIRPERSON (Ms M G Boroto): Let me start by saying that I will ensure that when you have one-minute left, I will switch on my video. When you are speaking I will switch it
off. That is the first thing before we proceed. Let me welcome the Minister, Minister Lamola and your department. Let me also welcome the hon members that have logged in to this mini- plenary session. We proceed.
Hon members, before we proceed, I would like to remind you that the virtual mini-plenary is deemed to be in the precinctof Parliament and constitutes a meeting of the National Assembly for debating purposes only. In addition to the Rules of the virtual sittings, the Rules of the National Assembly including the Rules of the debate apply. Members enjoy the same powers and privileges that apply in a sitting of the National Assembly. Members should equally note that anything said in the virtual platform is deemed to have been said to the House and may be Ruled upon.
All members who have locked in, shall be considered to be present and are requested to mute their microphones and only unmute when recognised to speak. This is because the microphones are very sensitive and will pick up noise which might disturb the attention of other members. When recognised to speak, please, unmute your microphone and connect your video. Members may make use of the icons on the bar at the bottom of their screens which has an option that allows the member to put up his or her hand to raise points of order. The Secretariat will assist in alerting the Chairperson the members requesting to speak.
When using the virtual system, members are urged to refrain or desist from unnecessary points of order or interjections. We shall now proceed to the order, which is debate on Budget
Vote number 25; Justice and Constitutional Development, Appropriation Bill. I recognise the hon Minister of Justice and Correctional Services.
APPROPRIATION BILL
Debate on Vote No 25 – Justice and Constitutional Development:
The MINISTER OF MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Thank you very much, hon House Chair; Deputy Minister of Justice and Constitutional Development, hon John Jeffery; Deputy Minister of Correctional Services, hon Inkosi Phathekile Holomisa; Ministers and the Deputy Ministers present on the platform.; hon Bulelani Magwanishe; the chairperson of the portfolio committee; all members of the Justice and Constitutional Development and Correctional Service Portfolio Committee and all hon members of the House in this mini-plenary, the director-general of the Department of Justice and Constitutional Development, advocate Mashabane and distinguished guests, on 18 May 2020, I stood before Portfolio Committee on Justice and Correctional Services to give a portfolio overview of our strategic plans 2020 to 2025 as well as the annual performance plan for the financial year 2020-21.
At that time, we were all reeling from the devastating impact of COVID-19, and I said that when we conceptualize these plans, our priorities sought to invoke a paradigm shift in our country, a shift to rebuild the capacity of the state; rebuild our ability to fight corruption; restore investor confidence; recalibrate the economy and create much needed jobs. However, there’s the African proverb that goes:
IsiZulu:
Ikusasa alaziwa.
English:
No one knows what tomorrow brings. We are now required to
implement these plans on the back of COVID-19 pandemic amid a
recessional economic climate. Little did we know at the time
that will be presented with a hugely challenging year. While
responding to the unprecedented pressure of global pandemic,
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we also had to contend with the debilitating ransomware attack
in the past financial year. On the balance of this major
challenges, we’ve been able to overcome.
Hon members, I would like to take this opportunity from the
onset to condemn the racist incident that occurred and that
continue to raise their ugly heads in some of our high schools
in the country and in some of our universities, in particular,
the University of Stellenbosch recently. The university must
leave no stone unturned in investigating the incident. All of
us must send a clear and unambiguous message that there is no
space for racism in our country. Parents must teach their kids
love and to embrace diversity and not racism. White parents in
particular have also a duty to embrace diversity and to spread
love, same as black parents.
Recalibrating our economy needs all of all our efforts and it
also needs the criminal justice cluster. At the end of the
fourth quarter of 2021 Statistics SA reported an increase in
our real gross domestic product, which took our annual growth
rate in the last financial year to 4,9%. I mentioned this
because the budget allocation of the Department of Justice and
Constitutional Development for the financial year 2022-23
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amounts to R22,4 billion. This is an increase of approximately
R515 million.
This budget must enable the state to fight crime; to create a
conducive environment for investment and to create jobs. This
administration has taken a clear step to reinvest in the
justice system. The allocation will help to accelerate the
extensive work already underway to recover from the
unprecedented impact of the pandemic while delivering a more
efficient and modern justice system. The budget is inclusive
of the allocation of the National Prosecuting Authority and
the transfer to the two constitutional bodies, namely, the
Public Protector and the SA Human Rights Commission. The
budget allocation also provides funding for the information
regulator as well as the translate the Legal Aid South Africa;
the Special Investigating Unit and the direct charge to the
National Revenue Fund in respect of magistrate salaries.
This budget enables the department and its entities to execute
their respective constitutional and statutory mandates. Hon
members, the Legal Aid South Africa budget allocation is over
the years rendered legal services to many South Africans who
are unable to afford legal costs, thereby ensuring that the
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right of accused persons, enshrined in section 35(3) of the
Constitution in particular, becomes a reality. During this
financial year, Legal Aid South Africa is allocated
R2 billion. It is one of the few entities in government which
is distinguishable owner of being recognised among the top
employers in South Africa for 13 consecutive years.
Legal Aid South Africa increases its threshold for the means
test to increase its reach in society where the cost of legal
representation is expensive. Legal Aid South Africa has
increased the threshold of its means test. The threshold for
means test, legal aid has increased. As a result, access to
justice can be expanded to those who cannot afford it. In
terms of the new regulations which have been in effect since 1
April 2022, legal aid for criminal case, irrespective of
whether the applicant has a spouse or is a member of a
household, is increased from R7 400 to an amount of R7 700.
This increase also applies to civil matters for individuals
who do not have a spouse.
For individuals with spouses, there’s an increase from R8 000
rent to R8 400 in civil cases. For individuals who are members
of households and do not own immovable property and civil or
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criminal matters and has their net movable assets increase
from R128 000 to an amount of R141 900. For legal aid for a
civil or criminal matter, individuals who are members of
households who owns immovable property as their net immovable
and movable assets increase from R640 000 to an amount of
R665 800. In addition, the means test as an extension of
Security of Tenure Act for eviction matters, is said at
R13 625 as legislated in the extension of Security of Tenure
Act.
Legal Aid South Africa Land Rights Management Unit has been
operational since 5 January 2022. It is currently managed by
the Legal Aid South Africa National Office. The legal
executive land rights management is responsible for overseeing
and monitoring the performance of the ... [Inaudible.] ... New
vacancies have been filled in line with an interim
organisational structure for the unit. Most legal
practitioners who were previously providing legal
representation to farm occupiers, labour tenants and
restitution claimants throughout the ... [Inaudible.] ... have
been aggraded with Legal Aid South Africa on the judicial
system and continue to provide legal services as required.
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Internal capabilities to deal with the newly created Land
Rights Management Unit's financial and file management system
have been developed by Legal Aid South Africa. This
development enables Legal Aid South Africa to contribute to SA
land justice program and ensure access to justice, realise the
right of persons to have legal representation as envisaged in
the Constitution and provide legal aid and legal advice. This
will definitely increase access to farm occupiers, farm
dwellers and labour tenants. Building institutions enforce
accountability for crime and maladministration.
The National Prosecuting Authority budget allocation. The
National Prosecuting Authority, NPA, has been allocated
R4,9 billion which is an increase of R374 million. In the
previous financial year, we’ve set aside R106 million for the
investigative directorate. This year’s allocation for National
Prosecuting Authority is increased by R137 million and
R243 million in this financial year. Despite the continuous
performance inhibiting challenges hampering optimal
performance attributable to COVID-19 pandemic, the National
Prosecuting Authority continued to improve organisational
performance compared to the previous two financial years.
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In ensuring that the National Prosecuting Authority delivers
quality prosecutions, high conviction rates were maintained in
all courts forums. Conviction rates of 91,1% in high courts;
8,8% in the regional courts and 94% in the district courts
were recorded in the current financial year. Some progress has
been made in improving case finalisation. Leveraging on the
fusion center, the National Prosecuting Authority has been
crucial in addressing corruption related to the COVID-19
funds. A total of 232 matters have been registered with a
vision center. 173 matters are under investigation and 59 have
been closed.
The Asset Forfeiture Unit continues to play a critical role in
addressing the scourge of corruption and has delivered
significant pretense in the last financial year. The Asset
Forfeiture Unit obtain freezing order to the value of
R46 billion and to the value of R5,6 billion in corruption or
related offenses. At the end of the financial year,
R70 million was paid in the criminal asset recovery amount and
R210 million was paid to the victims of crime. This year the
Special Investigating Unit, marks 25-year anniversary with an
allocation of R152 million. In the last financial year, the
Special Investigating Unit has achieved significant recoveries
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through combining quality investigations with civil
litigation.
Between 2013 and 2021, the Special Investigating Unit has
recovered public money and assets amounting to R2,6 billion;
set aside contracts with a value of R18 billion. As of 26
March 2022, referred matters worth R75 billion for civil
litigation in the High Court and the special tribunal for
civil litigation. The establishment of the special tribunal in
2019 has expedited the work of the Special Investigating Unit.
The tribunal has adjudicated cases referred to it by the
Special Investigating Unit amounting to R8,6 billion in
unlawful contracts.
One of the cases that were finalised include the Beitbridge
border fence contract worth more than R40 million. The tender
was irregular and set aside and contractors were ordered to
pay back the money received. The Special Investigating Unit
had enrolled 119 cases worth more than R12,8 billion at the
special tribunal. Out of the 119 cases, 48 cases worth
R2,2 billion are related to the COVID-19 procurement
corruption and maladministration. President Cyril Ramaphosa
has appointed Judge Lebogang Modiba as the President of the
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Special Tribunal and added judges; Soma Naidoo and Johannes
Daffue both of the Free State division of the High Court as
the members of the tribunal.
I would like to congratulate Judge Modiba on her new
appointment as the President of the Tribunal and thank the
former President, Judge Mlindelwa Makhanya, who has retired
for the meaningful role he has played since this
establishment. He led the special tribunal with distinction
and wish him well in his retirement. Systematically, he
addressed the roots of gender-based violence and femicide.
Gender-based violence and femicide remains a pervasive
challenge in South Africa. Following the presidential
directives, the courts continue to put special emphasis on
conviction in sexual offences cases. High conviction rate of
74,4% for sexual offences cases demonstrates the success of
this focus.
The National Prosecuting Authority, NPA, participate
extensively in the implementation in terms of Pillar 3 of the
National Strategic Plan as facilitated by the Department of
Women. However, more needs to be done to address this scourge.
The Thuthuzela Care center model aims to provide a more
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effective and victim-centric approach to reporting sexual
offences. During the financial year, the National Prosecuting
Authority increased the number of operational Thuthuzela Care
Center, TCCs, from 55 to 60. The fight against violent crime,
particularly rape, has recently been undermined by the
challenges around the management of forensic Deoxyribonucleic
acid, DNA, due to shortages of essential chemicals required
for DNA analysis.
It resulted in a national backlog of these cases being
prosecuted in courts. As part of our interventions, the
National Prosecuting Authority established a partnership with
the SA Police Service Forensic Science Laboratory to reduce
the backlog in Deoxyribonucleic acid, DNA, processing; share
ideas and deal with the backlog. The National Prosecuting
Authority is capturing these reports or prioritise request for
DNA from the divisions received from Forensic Science
Laboratory, FSL, and compiles a monthly consolidated report.
The improved coordination between the National Prosecuting
Authority and the forensic science laboratories assisted in
reducing the backlog extensively. Gender-based violence is
entrenched by patriarchal social norms and belief systems,
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gender disparity, socioeconomic inequality, family
dysfunctions, the low social values attached to women and
girls and the lack of accountability at all levels of
responsibility. If men, in particular, do not take personal
accountability gender-based violence will continue to
traumatise our society and unhindered. For this reason,
Article 1 and 2 of the presidential summit declaration against
gender-based violence and femicide of 2019 unequivocally holds
every person living in South Africa accountable for actions
and omissions that are contrary to the realisation of South
Africa free from this kind of violence.
In support of the aspirations of the summit declaration and
the National Strategic Plan, and in particular, in response to
the demands of women who took to the streets in 2018 against
the scourge of gender-based violence, I introduced the gender-
based violence Bills in August 2020, which the President
recently assented into law on the 28 January 2022. I want to
thank this House for the enduring support, their hard work and
sleepless nights to ensure that these Bills reach finality.
The three Gender-Based Violence Amendment Acts do not only
ground the principles of victim central justice system, but
also inculcate the spirit of accountability by all for all,
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for example, the Domestic Violence Amendment Act of 2021,
criminalises bystanders by adults in domestic violence matters
perpetrated or suspected to be perpetrated against children,
persons, persons with disabilities or older persons.
IsiZulu:
Awusakwazi ukubukela uma uyazi le nto kufuneka uyibike.
English:
Section 54 of the Criminal law of Sexual Offenses and Related
Matters Amendment Act, number 32 of 2007, criminalises and
punishes the failure to report knowledge of a sex crime
against a child or persons with a mental disability. With
these laws in place, we should not have any surge in cases of
child abuse, statutory rape and even child pregnancies.
Xitsonga:
Vatsonga vari: Hambi wo famba enkoveni lundza ri ta vonaka.
English:
You cannot hide anywhere. Everyone is my sister’s keeper. We
all have a responsibility to report these crimes. In
continuing with our commitment to provide the victim-centric
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court system, in the 2022-2023 financial year, the Department
of Justice and Constitutional Development will upgrade
additional disability center courts above the 75 courts
introduced in the previous financial year. With these courts,
the department is progressively building a court system that
observes that reasonable accommodation for court users with
disability, to ensure the equal enjoyment of the right to
equal protection and benefit of the law and fundamental
freedoms by all. This support is also extended to older
persons.
One of the three gender-based violence laws, the Criminal and
Related Matters Amendment Act, number 12 of 2021 extend the
provision of intermediary services to older witnesses and
civil proceedings. The Domestic Violence Amendment Act number
14 of 2021, further permits the use of online application for
protection orders. This is a viable option for victims of
domestic violence to access our court services remotely and in
convenient and safe environment of their choice. The
department has already developed the online web portal for
domestic violence application for protection orders and this
system will be accessed by the public as soon as the date of
commencement of this Act is set this year.
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Very soon I shall be approving the amendment to the regulation
to the Domestic Violence Amendment Act. Shortly, I shall also
be approving the amendment to regulations for the National
Register for sex offenders, which has been aligned with the
new criminal law, sexual offences and related matters
Amendment Act number 13 of 2021. In response to the call made
by women of South Africa in 2018, these Amendment Act requires
the particulars of all convicted sex offenders to be entered
into the National Register for Sex Offenders, irrespective of
the age and the mental status of the victim. No registered sex
offender will be allowed to work or operate a business in an
environment accessible to vulnerable persons defined as
children, female students or lecturers under the age of 25
years, persons living in shelters and certain categories of
persons with disabilities and older persons, and so on.
In facilitating the implementation of this Act, the Department
of Justice and Constitutional Development has developed the
online web portal and the short message service, SMS,
notification system for the National Register on Sexual
Offence Services which will be made accessible to the National
Register on Sexual Offence’s applicants in this financial
year. The decentralisation of certain services of the National
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Register on Sexual Offence to a lower court will also commence
during the same. Through the implementation of the National
Register on Sexual Offence, NRSO, the department intends to
curb the exposure of vulnerable persons to pedophiles and
several sex offenders, and also to prevent sex offending in
the country.
It adds more pain to victims of gender-based violence when
their perpetrators roam the streets shortly after police
arrest. In terms of the Criminal and Related Matters Amendment
Act number 12 of 2021, bail in gender-based violence and
femicide matters must be denied unless it will be in the
interests of justice to grant such a bail. These Amendment
Acts also brings to an end the granting of what is referred to
as the police bail or prosecution bail in gender-based
violence and femicide matters. All applications for bail in
these cases must therefore be made in a court of law.
Modernising the justice services through the use of judicial
digital capabilities requires a supporting, responsive and
stable underlining information technology, IT, infrastructure.
The department’s currently aging information technology
infrastructure does not bode well in this regard. The
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department endeavors on upgrading and ensuring the continuous
upkeep of its information technology infrastructure as this
will not only impact the delivery of existing services enabled
by technology, but also its modernisation program. In the last
financial year, the department piloted four online justice
service projects. Maintenance online services were piloted at
the Family Court in Devon Point. The trust online services
solution enables the online registration and submission of
documents and respect of the new trust applications. This
solution was piloted at the Masters Office, Pretoria, to
identify ... [Time expired.] ...
The HOUSE CHAIRPERSON (Ms M G Boroto): ... thank you, hon
Minister. My face has been there for over a minute ...
The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: ... oh!
Okay ...
The HOUSE CHAIRPERSON (Ms M G Boroto): ... that’s a warning
when it appears to say that you are left with a minute. So,
unfortunately your time now has expired.
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The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Oh! No,
thank you, hon House Chairperson.
Mr G MAGWANISHE: Thank you very much, hon Chairperson, hon
Minister Ronald Ozzy Lamola, hon Deputy Minister, John
Jeffery, hon Deputy Minister, Inkosi Phathekile Holomisa,
Ministers and Deputy Ministers present, the Director-General
of the Department of Justice and Constitutional Development,
Adv Mashabane, hon members and distinguish guests, we would
like to take this opportunity to pay a special tribute to sons
and daughters who held their last breath whilst in the service
of the justice family during the year under review.
Our nation shall forever be indebted to you and your family
for your sacrifices and commitment. We also welcome those who
were able to survive Covid-19 and other illnesses and came
back to work.
Hon Chairperson, we are a nation in mourning on our fellow
compatriots who lost their lives in recent floods in the
KwaZulu-Natal and the Eastern Cape. Others lost their
belongings to fires in the Western Cape. May the Almighty be
with their families and friends during this trying times.
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Hon Chairperson, the leaders and managers in the public
service of today do not have the luxury of resources of yester
year. Yet, the impatience of our people for quality service
delivery is palpable. The challenges of today require
different skills sets from both managers and leaders. They
require innovation and entrepreneurship, not how best to
manage resources in front of you, but how to innovate around
little resources around you. As we look at the issue relating
to the purse, you also need to feel the pulse of frustration
that our people experience on a daily basis.
Chairperson, we were dissatisfied by certain aspects of the
Justice Department’s plan. We therefore, welcome a letter from
the Minister informing us that the department has listened and
would revise this plan accordingly. We are pleased at the
Chief Financial Officer, Ms Irene Singo, has been appointed
from 1 April 2022. We note that the department intends to
implement its turnaround plan this year and will monitor
progress thoron.
We believe that greater attention should be given to
maintaining infrastructure, which is in a terrible state. We
welcome the department intention to explore the use of
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entities to implement projects for improved delivery. There
are also discussions with the Department of Public Works and
Infrastructure to increase the delegations for today to today
maintenance so that the department can undertake more of its
own maintenance. We remain concerned by the growing number of
case backlogs. We believe that additional resources are needed
to prevent this from overwhelming our legal system.
We will continue to monitor the backlogs in respect of gender-
based violence, GBV, cases. We have asked for further details
about the strategy to transform the master of this. We urge
the department to finalise the position of the Solicitor
General so that the recruitment process can begin.
We note that following the ransomware attacks in September,
the department must rebuild its ICT infrastructure from
scratch. We note the department plan to implement various
online solutions in 2022-23 but we are concerned about the
connectivity challenges on the ground.
The committee also notes the tension to rollout 59IGS related
project in 2022-23. We welcome the National Prosecuting
Authority, NPA, intention to focus this year on perusing high
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profile corruption matters. Nine seminal corruption matters
are prioritised for enrolment within the next six months. The
NPA is allocated an additional R1,1 billion over the medium
term. A significant portion is allocated to the Investigate
Directorate so that it can employ 90 extra permanent staff
members with specialised clean experience and also develop
existing employees.
The NPA is also able to recruit 17 senior state advocates for
the Asset Forfeiture Unit and 12 protectors for the Office for
Witness Protection as well as employs 700 experienced
prosecutors in the National Prosecuting Service.
We congratulate Adv Andrea Johnson on her appointment as Head
of the Investigative Directorate and notes that the leadership
transition has been described as similes. Budget cuts have
required Legal Aid South Africa to reduce posts contributing
to the increase number of case backlogs in the Criminal
Courts. Also fewer clients can be assisted in civil matters
with surprise.
We note that Legal Aid South Africa is allocated additional
funds to employ practitioners for the new specialised
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commercial crimes courts that have been set up in six
provinces.
We welcome the transfer of the legal representation function
in the land matters from the Department of Agriculture, Land
Reform and Rural Development to Legal Aid South Africa. We
agreed that the Special Investigating Unit, SIU, funding model
must be addressed. We urge the department to finalise
legislative amendment that will address the establishment of
permanent SIU deal with funding concerns of the SIU and
monitoring and enforcement call for remedial actions.
Additional funds have allowed the Public Protector South
Africa to provide for ICT infrastructure, e-library, 22 staff
posts and an electronic document management system.
We note that the SA Human Rights Commission investigation into
the cause of the July 2021 riots is near completion. The
commission will also monitor the provision of alternative
housing, food, water and healthcare relating to flooding in
KwaZulu-Natal.
We congratulate Adv Pansy Tlakula, Adv Lebogang Cordelia
Stroom-Nzama, Adv Johannes Collen Weapond and Mr Mfana Gwala
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on their appointment as members of the Information Regulator
from 1 December 2021. We asked the Minister to urgently
intervene in the matter of the regulator’s listing under
Public Finance Management Act, PFMA.
The committee having considered the Budget Vote No. 25,
Justice and Constitutional Development supported and recommend
that it can be approved. Thank you very much, Chairperson.
Adv G BREYTENBACH: Good afternoon House Chair and hon members,
the Department of Justice and Constitutional Development has
declared the year 2022-23 a year of the community. The
Department of Justice and Constitutional Development has
declared the year 2022-23 “A Year of the Community”. This will
reportedly culminate in the roll-out of an extensive community
outreach programme to interact with communities about justice
services and issues of constitutionalism, promotion of human
rights and respect for the rule of law.
For the 2022-23 financial year and over the medium term the
Justice department’s projected performance and expenditure is
shaped by a focus on increasing access to its services and
strengthening the fight against maladministration and
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corruption. These are lofty ideals; indeed they are laudable
ideals - ideals that we naturally support. They are putting
South Africans first, lowering the crime rate and deploying
the many corrupt cadres to jail – it sounds wonderful. But
then, there is a huge gap between having wonderful plans on
paper, and actually implementing them.
The portfolio committee has been engaging with the department
for some years now on various challenges, including the
decline in the department’s performance, accompanied by
qualified audit opinions in respect of the vote count and pre-
determined objectives over the past five financial years. The
position is so bad that the committee has recommended
the involvement of the Public Service Commission to
investigate the root causes of the challenges and identify
possible solutions.
The increase in court backlogs in both the district and the
regional courts described by the department as insurmountable
for the past two years, remains a serious challenge, and no
progress is noticeable in this regard. Court hours continue to
dwindle, and unless much needed discipline is imposed, the
backlog will simply continue to spiral uncontrollably. Case
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are increasing and will increase exponentially when the
matters emanating from the Zondo Commission are trial ready.
Our courts are simply not going to be able to deal with the
massive amount of work generated. One cannot lose sight of the
fact that the backlog is ever-increasing with just the
ordinary criminal matters being generated, and that these
cases cannot be shifted aside to accommodate the massive scale
corruption, fraud, theft and money laundering prosecutions
that must follow Zondo. There simply is no possibility of the
Police, the National Prosecuting Authority, NPA, including the
Investigating Directorate, ID, which still has a limited
lifespan and must end in less than two years and the courts
dealing with it al.
The run of the mill cases must be dealt with expeditiously.
Those are the cases that carry the interests of ordinary
citizens, and cannot be left aside to deal with State Capture.
The only possible way out of this is to form a new Chapter 9
institution, along the lines of an Anti-Corruption Commission,
and given the autonomy security of tenure, budget and capacity
to properly investigate and prosecute the matters generated by
the Zondo Commission’s state capture.
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The growing inefficiency of our court system is exacerbated by
internal failures of the department, such as failure to ensure
effective contract management, which has resulted in the
breakdown of court recording systems – for which the contract
expired some time ago with nothing in its place, and the
failure of CCTV systems countrywide. Of course, the total
failure of the Department of Public Works to carry out any
discernible maintenance of any court buildings must get an
honourable mention.
The ransomware attack in September 2021 impacted negatively on
service delivery, we still do not know why there was
insufficient protection against such an attack, nor do we know
precisely what information was compromised, nor what became of
it. The Information Regulator has indicated that the
department was less than ideally co-operative in this regard,
and one must wonder why.
The service delivery of the department is left wanting on so
many levels. We are constantly inundated with complaints and
requests for assistance with services or lack thereof from the
Master’s offices countrywide, and oversight visits made it
very clear just how shocking the service delivery is. Long
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queues form from the early hours in the morning, elderly
people and pregnant women are forced to stand on pavements for
hours, often repeatedly, before they are fortunate enough to
be attended to. The systems are down more days than they work,
and the offices are closed to the public from one o’clock
daily. It is simply untenable that citizens are treated in
this fashion.
While the oversight visits also revealed some very pleasant
surprises of outstanding service delivery, these were very
limited and isolated. Generally speaking, the visits revealed
crumbling infrastructure, total lack of maintenance, poor
accommodation and a sad lack of the tools of trade, poor or no
stakeholder management and shockingly inadequate contract
management. Court staff and officials are literally left to
their own devices, with no functioning landlines, no internet
access, none or very limited access to proper libraries and
law reports and inadequate support staff.
The department is quite frankly a rather depressing
mess. This decline is hardly surprising however, when one
takes into account that the Minister thought it was more
important for him to attend an ANC event in East London rather
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than be present annual performance plan. His attention is
clearly elsewhere.
Much is made of the newly enacted swathe of gender-based
violence legislation. Our committee worked very hard to ensure
that this very important legislation was finalised and passed
in good time, often sitting late into the night. Having done
so, no one should assume that legislation - even good
legislation, is the answer to the ever-increasing scourge of
gender-based violence.
Clearly, a strong and positive approach by the criminal
justice system must act to discourage and deter. But then we
are confronted with the type of occurrences that took place in
the past few weeks. The murder trial of Bongani Ngadleka,
accused of stabbing to death Phelokazi Mqathanya was delayed
once again in Khayelitsha, because the court ran out of
photocopying paper and could not supply a copy of the docket.
In Wolseley, an accused, and an illegal immigrant, in an
attempted murder trial, allegedly for stabbing a guest house
owner 10 times, was released on warning after the state had
opposed bail. Needless to say that he did not appear on the
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next date, but did subsequently allegedly kidnap and rape a
minor, and is now in hospital after the community exacted
their own revenge.
So, while the Minister galavants, the Justice department is in
a serious state of decline, and the criminal justice system is
in serious trouble. The Master’s office is a shambles, the
State attorney is in a ... [Inaudible.] ... state. Consequence
management is a pipedream, and there is no evidence that
contract management has received any attention, despite a
litany of disasters. It will require serious, and constant
attention and a firm hand on the tiller to set it on the path
to recovery. Given the Minister’s current preoccupation with
party business, there can be no guarantee that this will be
achieved. I thank you.
Mrs Y N YAKO: Chairperson, the EFF rejects Budget Vote No 25
on Justice and Constitutional Development. South Africa’s
democracy is entering a very dangerous period during which the
very concept of justice and rule of law will be severely
challenged and undermined. We are already seeing glimpses of a
justice system that is employed by the rich and the powerful
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to advance their interests while silencing the poor and the
vulnerable.
This phenomenon is more pronounced under the Ramaphosa’s
regime than it has ever been, since 1994. Take for instance
the factional prosecutions by an equally factional and
redundant national director of public prosecutions. In May
last year, the Hawks interfiled with the NPA in relation to
fraud and corruption in manner of the Eastern Cape and how its
government handled the funeral arrangements of the late Mama
Winnie Mandela. The Hawks completed the investigations and
recommended that the NPA must charge Mabuyane. To this day,
the NPA has not charged Mabuyane, because he is a key member
of those supporting Mr Ramaphosa. That is not the end of it
all.
Take for example Steinhoff, which represents the biggest
corporate fraud in the history of this country. The public
investment corporation lost over R21 billion from that
corporate heist. This is the direct public money looted by
white corporate criminals.
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Despite having taken more than 200 witness statements from
those involved with this corporate heist, the NPA has no
appetite of any kind to pursue the criminals involved. The
whites involved in looting Steinhoff are enjoying holidays
unbothered, while the NPA is busy fiddling fingers, and
getting involved in politics.
The worst policy development regarding the NPA are the recent
moves by the leadership of the NPA and the Minister of Justice
to source private funding for the NPA. When this happens, it
will practically hand over the constitutionally enshrined
functions of the NPA to private individuals and make the
prosecuting agency dance to the whims of those who fund it.
Our public prosecutions will lose whatever semblance of
independence that they have left, and will never have the goal
to prosecute wrongdoing by those who fund it.
This is a properly though-out plan by the Minister and it is
treason in fact. But treason is not something new in a way you
function as a Minister. Your conduct relating to the
appointment of the acting judges in the Constitutional Court
must be seen in the context of the ongoing plans by this
administration to capture almost all branches of the justice
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system in this country. Going as far as wanting to remove
names proposed by the then acting Chief Justice with names you
prefer for acting Justices, is a step too far. But with the
media on your side, you may think it will not come back to
haunt you, but these erosions of the independence of the
judiciary will come back to haunt you, Minister, and rest of
the country.
We condemn your lack of support for the Office of the Public
Protector and your complicity in the mainstream media assault
and the manning of that office. Advocate Busisiwe Mkhwebane,
despite some of the mistakes she has made, does not deserve to
be treated in that way by the democratic government. The fact
of the matter is that she has released hundreds of reports
that have not been found to be wanting, protecting the rights
of thousands of South Africans. She is subjected to
impeachment today because she dared to release reports that
challenged the sainthood of Mr Ramaphosa and Jamnadas.
We will defend the Public Protector and the integrity of the
office she occupies by all means necessary. We want a criminal
justice system that is able to investigate and prosecute
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criminals without fear or favour. We want the Public Protector
who is not ...
Mr B A RADEBE: Chairperson? [Interjections.]
The HOUSE CHAIRPERSON (Ms M G Boroto): I see your hand, hon
Radebe. Yes, what are you rising on?
Mr B A RADEBE: Chairperson, I am rising on Rule 82. The member
knows very well that we cannot refer each other on first name
terms. She just referred to the Minister of Public Enterprises
in the first name terms. Thank you, Chair.
The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Yako, I heard you
very well. You referred to the President and when you ...
[Inaudible.] [Interjections.] Not, but it is not what you
said. You haven’t listened to me. Please, let’s follow the
Rules. Rule 82 expects that from us. Thank you. You may
proceed.
Mrs Y N YAKO: ... [Inaudible.] ... Jamnadas then. Thank you.
We will defend the Public Protector and the integrity of the
office she occupies by all means necessary. We want a criminal
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justice system that is able to investigate and prosecute
criminals without fear or favour. We want a Public protector
who is hounded by a wild animal, merely because she did
investigate and is being investigated by the powerful. We want
Human Rights Commission that is deeply rooted in the idea of
justice, particularly for the dispossessed majority. We want
our courts to be left independent, to interpret the law
without undue influence by the rich and the powerful.
Therefore, we reject this report. Thank you.
The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you hon member.
We now proceed and invite the IFP by recognising the hon
Msimang.
Prof C T MSIMANG: Hon Chairperson, the access to justice for
the ordinary man on the street is not a lofty ideal. At its
core, it relates to efficient, cost-effective means to resolve
disputes. It relates to capable and competent institutions
serving the public, such as the Master’s Office and the Deeds
Office.
Grand promises of modernising and increasing access to justice
- as the department envisions in its annual performance plan -
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mean very little in face of the reality of the extensive backlog
experienced in our criminal courts, the ageing infrastructure
and the dire state of the Office of the Master of the High
Court.
At the end of March 2021, only 41% of the criminal case backlog
- representing cases older than 12 months in the High Court -
was reduced, according to the Judiciary Annual Report. This
reality causes a massive delay in justice, and we cannot continue
to use the pandemic as an excuse. We need to interrogate the
reasons for these delays, as justice delayed is justice denied.
The Master’s Office, which experienced a serious blow due to
cyber-attacks last year, forms a critical function to the
public, including administering the estates of deceased persons,
and administering the Guardian’s Fund. Any delay in its
operations has a dire effect on the public. The situation
prompted the portfolio committee to demand action and report
backs from the department on the situation. However, despite
clear deadlines provided, the department failed miserably to
provide the committee with such reports. This omission cannot
and should not simply be tolerated.
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As a portfolio committee, we are denied the means to effectively
fulfil our constitutional oversight duty. The IFP strongly
endorses the portfolio committee’s sentiment that this failure
also denied the committee to properly consider and interrogate
the department’s budget.
Finally, in light of the massive task the National Prosecuting
Authority faces in prosecuting State Capture cases, the IFP
welcomes the much needed increase in its budget. However, the
stark reality is that considering the scale of corruption laid
bare in the Zondo Commission reports, much more funding will be
needed over the next two years to ensure the authority has any
chance in successfully prosecuting these complex cases.
The IFP will furthermore closely monitor the progress of the
investigative directorate’s prosecution of the nine corruption
cases relating to State Capture, which the directorate has set
out to complete over the next six months. These cases will serve
an important measurement of the directorate’s ability to
prosecute such cases and the outcome thereof will be critical
in restoring the public’s faith in the NPA.
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May this year be the one where we as a country honestly see
justice being served, and those implicated in State Capture
finally being prosecuted.
The IFP accepts the Budget Vote. I thank you, hon House
Chairperson.
Mr F J MULDER: Hon House Chairperson, the committee report
before this House today is a reflection of how the South
African government is able to uphold and protect the
Constitution and the rule of law. To reduce the salaries
budget will affect all the effectiveness on the legal system
which relies heavily on warm bodies to deliver a wide range of
services.
The FF Plus therefore welcomes the prioritisation of the 2022
budget by the Minister of Finance to allocate more funds to
the National Prosecuting Authority, NPA. While additional
funding should be made available to the Special Investigating
Unit, SIU, as well.
The State Capture Commission should be allowed to complete its
work in the fight against corruption, and enough capacity
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ensured for the investigation and prosecution of criminal
cases emanating from the State Capture Commission.
The further reprioritised budget of R426 million over the
medium-term is therefore welcomed. The FF Plus is however
concerned about the significant decline in a number of
convictions against government officials in the recent years.
For the 2020-21 financial year, the relevant conviction
figures more than half from where they were in 2016-17. The
evidence simply does not support claims of a particular focus
on corruption.
The NPA was indeed one of the hardest hit by the Zuma years
and the effects are still being felt by the large numbers of
vacancies at the NPA, that half of highly skilled and
experienced prosecutors as well as staff morale issues.
Hon Chairperson, it seems as if the NPA is pursuing easy and
winnable cases across all forms of crime at the expense of
more complex prosecutions, that could bring down its
misleadingly high conviction rate. The mere fact that state
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departments owe the SIU more than R650 million could pose a
serious threat to the crucial important institution.
Without a well-funded and equipped Special Investigating Unit,
a more effective National Prosecuting Authority and the
completion of the work of the State Capture Commission, the
government will not be able to uphold and sustain the
Constitution and the rule of law. Therefore, Chairperson, the
FF Plus will not be able to support this Budget Vote. Thank
you.
Mr S N SWART: Hon Chairperson, it is the central role of the
state to protect its citizens and uphold the rule of law.
The ACDP believes that it is largely failing in this regard
despite the best efforts of thousands of dedicated court
officials, judges, magistrates, and prosecutors. The criminal
justice sector is struggling to cope with the high-levels of
crime and violence.
The average law-abiding citizen feels overwhelmed by the
lawlessness pervading the nation. Consider the high-levels of
gender-based violence, senseless murders, robberies,
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hijackings, and kidnappings. One can add the ongoing taxi and
trucker wars, the construction mafia, corrupt tenders running
to billions of rand, the gold, coal and diesel syndicates, the
copper mafia, illegal mining, State Capture and the looting of
state-owned enterprises, SOE’s, the theft of rail
infrastructure, bribery and kickbacks, political
assassinations, and corrupt municipalities. The list is almost
endless.
The ACDP has called for more resources to be made available
for law-enforcement agencies and the National Prosecuting
Authority, NPA, to respond to this lawlessness. This, in the
knowledge that the most effective deterrent to crime is the
sure knowledge that the perpetrator will be arrested,
successfully prosecuted, and sentenced to a lengthy period of
imprisonment.
Sadly, there appears to be very little deterrent to crime in
the country. South Africans are understandably demanding that
more must be done to ensure that criminals are placed behind
bars, and stolen state-funds recovered. The ACDP agrees.
The National Director of Public Prosecutions, NDPP, recently
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estimated that R1,5 trillion has been lost to corruption. Just
think what could be done with additional funds - to stimulate
the economy, create jobs, and to assist the poorest of the
poor.
We commend the work done by the Special Investigating Unit,
SIU, as well as the National Prosecuting Authority, NPA,
including the Investigative Directorate, ID, and asset
forfeiture unit, the recent successful preservation order for
Gupta-owned Optimum Mine of R3 billion, is welcomed. We look
forward to the next six months, which Adv Batohi said would be
and I quote, “seminal” in the prosecution of State Capture and
corruption cases.
The committee’s recent visits to courts and buildings in
several provinces revealed the deplorable, shocking, state of
courts. Not only are some of them are neglected and that they
structurally unsafe, court cases cannot be held in these
buildings. This cannot be allowed to continue.
The ACDP has also expressed its concerns about the arrests
arising from the COVID-19 regulations, where many citizens
were unaware that paying an admission of guilt fine resulted
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in them having a criminal record. We do believe that it is
desirable not to make criminals of citizens for these minor
offences. We are pleased that the department will look at the
Judicial Matters Amendment Bill later this year. I thank you,
House Chairperson.
The DEPUTY MINISTER OF JUSTICE AND CORRECTIONAL SERVICES
RESPONSIBLE FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT (Mr J H
Jeffery): House Chair, hon Minister Ronald Lamola, Deputy
Minister for Correctional Services, Nkosi Patekile Holomisa,
members of the executive, Chairperson and members of the
Portfolio Committee on Justice, hon members, Director-General,
Adv Mashabane, and officials of the Department of Justice and
Constitutional Development.
When we were in Delft on the Cape Flats last Friday at a
Justice Services Imbizo as part of the Year of the Community
Programme, we were once again reminded of the vital importance
of government being visible and active within our communities.
The best way to know what communities are experiencing and
what they require is to hear it directly from them.
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In the same way that Parliament conducts oversight work,
government departments should monitor the situation within our
communities. Where things are not working we need to know and
we need to address it without delay.
It was for this reason that I conducted two unannounced visits
to the Master’s Offices earlier this year together with the
Chair and Deputy Chair of the Legal Practice Council. I wanted
to establish, first hand, how well these offices were
functioning, whether practitioners and the public were being
served timeously and professionally, whether existing backlogs
have decreased and whether there have been improvements in
terms of the issuing of Letters of Executorship and Letters of
Authority.
It is common knowledge that complaints and concerns have been
directed to the department regarding service delivery issues
at the various Master’s Offices.
The Master’s Offices are responsible for the administration of
liquidations and deceased estates, the registration of trusts
and the administration of the Guardian’s Fund. This often
means serving the most vulnerable members of our communities
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such as the widowed families who have lost loved ones and
children and the elderly in particular.
These unannounced visits are part of our efforts to constantly
keep monitoring service delivery at these offices and I will
continue with unannounced visits at various Master’s Offices
until we see a very clear improvement in service delivery.
The Master’s Offices are currently, together with the
Information System Management, ISM, working on an online
registration of deceased estates as well as online
registration of trusts system. The development and rollout of
online registrations will be a convenient method that allows
people who want to report deceased estates or register trusts
to do so remotely from their homes, offices or any other
place.
The approach will effectively reduce the number of customers
having to travel to the offices of the Master or the various
service points, and will enhance access to the Master’s
services in the country. Online registration will also speed
up the registration process and ensure quicker availability of
the particulars of beneficiaries and trustees.
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However, I cannot say that I am at all satisfied with the
performance of the Master’s Offices and expect that a lot more
will be done and improved, in particular with regard to file
management and responding to queries from clients.
The process to revisit and amend the Administration of Estates
Act of 1965 in its totality, so as to allow for modernization
and for keeping up with electronic developments in the
country, has already started in the past financial year.
Similarly, the process to amend the Trust Property Control Act
of 1988 to allow for modernization also commenced in the last
financial year. This will allow the Master to obtain and keep
more of the information needed to curb fraud and money
laundering.
In addition to the Master’s Offices, another area of serious
concern to me is the functioning of our Magistrates’ Courts.
Infrastructure and maintenance are ongoing challenges and the
Minister and I have met with the Minister and Deputy Minister
of Public Works and Infrastructure in this regard.
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As I mentioned in the Office of the Chief Justice budget vote
debate last week, court performance and efficiency are, to a
large degree, within the purview of the judiciary. But there
are many areas of responsibility which are that of the
department and where our performance can and should be
improved.
The issue of faulty Court Recording Technology, CRT, machines
and Sexual Offences Systems, SOS, is one which I have raised
with the department on numerous occasions and an issue which I
am monitoring closely.
During the last quarter of the previous financial year, the
department experienced major setbacks within the Information
Technology, IT, space. Contract positions of IT personnel and
service providers came to an end at almost the same time and
this left our systems vulnerable. As a result of that, our
Court Recording Systems and the Sexual Offences Systems were
affected and this forced courts to postpone cases.
The problem was not that the procurement was started late but
that there were problems with the procurement processes
itself, which then caused considerable delays. However, since
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early February a service provider has been appointed and is
attending to repairs and maintenance of our Court Recording
Systems and the Sexual Offences Systems in the courts.
Parallel to this process, the procurement process for a long-
term solution is underway. The accounting officer is also
conducting an investigation and will take appropriate
disciplinary steps where necessary.
With regard to case backlogs and, specifically, those aspects
which form part of our department’s responsibility, the
department has developed an Action Plan to be implemented
immediately to address those challenges impacting on court
efficiency which fall within the department’s mandate.
During the current financial year, the department will work
with all the Justice, Crime Prevention and Security, JCPS,
cluster departments to enter into a Memorandum of
Understanding, MoU, that will see each department crafting a
performance indicator in their own Annual Performance Plans,
APPs, which will contribute towards reducing the case
backlogs.
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Our Action Plan includes interventions such as overtime work,
backlog courts being established where feasible, regular
meetings with service providers, for example, the CRT service
providers, the provision of additional human resources,
psycho-social support for court officials to improve on the
rate of absenteeism, regular repair and maintenance meetings
where the Regional Heads and Information Systems Management,
ISM, meet with service providers every Wednesday to track
progress, the procurement of additional IT equipment and
facilities interventions such as procurement of portable
battery packs and generators, facilitation of the carrying out
of minor maintenance works and procurement of mobile units to
be used as court rooms and testifying rooms.
The current initiatives being developed still have to be
discussed with the Lower Court Judiciary and consultation with
the respective judicial forums will be taking place soon.
There is a need to establish a platform for an interface
between existing judicial reporting structures, both National
and Provincial, to engage in ongoing consultations and
feedback to ensure meaningful interactions and to ensure the
required support from the department.
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Magistrates Courts are at the very coalface of our justice
system and it is vital that these courts, which are often the
first port of call for the dispensing of justice, are well-
capacitated and functioning optimally. The Minister made 158
new Magistrates’ appointments in vacancies around the country.
These magistrates assumed their duties in October last year
and the filling of these vacancies is an important step in
capacitating our judicial officers and our courts, so as to
enable them to deliver justice to all.
Our department has begun on the process of consolidating and
rationalizing the provincial offices to act as one department
and not several independent units. Corporate services will be
offered under one roof to the Masters, the Family Advocates
and the State Attorney instead of sourcing the same from the
national office as this is expensive and delays the provision
of services.
Furthermore, in line with the President’s vision of bringing
government services closer to the people and cutting down on
wastage and duplication, our department plays an active part
in the District Development Model.
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Our Small Claims Courts improve access to justice and make
civil justice inexpensive, less formal and accessible to those
who cannot afford litigation in the ordinary courts. These
courts are used to settle minor civil disputes and claims of
up to R20 000 between the parties without representation by an
attorney in an informal manner.
In 1994 at the dawn of our democracy these courts were still
mostly in white and urban areas. Today we have 415 Small
Claims Courts countrywide, with the additional 49 places of
sitting, that means there are 464 places where Small Claims
Court sittings can be held.
We currently have 2009 Commissioners, of these 239 are Legal
Aid SA practitioners and 98 are Magistrates who also sit as
Commissioners after hours and at no extra remuneration.
We want to thank all the Small Claims Court Commissioners,
many of whom are private legal practitioners, for this service
they provide free of charge to the community and to ensure
access to justice for all.
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We are pleased to advise that the Rules Board has made new
rules for the Small Claims Courts. The new rules aim to
address areas where the current rules are deficient and will
greatly assist litigants in the Small Claims Court. Upon the
gazetting of the new rules, they will be tabled in Parliament.
As the world celebrates the International Day against
Homophobia, Transphobia and Biphobia, IDAHOT, I want to add
the voice and the support of government in acknowledging this
important day, and that is today.
The date of 17th of May was specifically chosen to commemorate
the World Health Organization’s decision in 1990 to declassify
homosexuality as a mental disorder. IDAHOT was created to draw
the world’s attention to the violence and discrimination
experienced by lesbian, gay, bisexual, transgender, intersex
people and all other people with diverse sexual orientations,
gender identities or expressions, and sex characteristics.
We are pleased with the work of our National Task Team on the
Protection of the Rights of lesbian, gay, bisexual,
transgender, intersex, queer, LGBTIQ persons, and with its
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Rapid Response Team which is monitoring and tracking hate
crimes against LGBTIQ persons in the criminal justice system.
The National Intervention Strategy provides the framework that
informs the functioning of the National Task Team, NTT, to
counter violence and discrimination that is grounded on sexual
orientation, gender identity and expression and sex
characteristics in South Africa.
We’ve recently reviewed the National Intervention Strategy,
NIS, and expanded the scope of human rights violations to be
monitored and addressed beyond those of hate crimes only, but
to also include discrimination and hate speech.
I also want to congratulate Gender Dynamix and Iranti on their
successful bid to host the International Lesbian, Gay,
Bisexual, Trans and Intersex Association, ILGA World in Cape
Town in 2024.
At the end of last year, we hosted a very successful
international policy dialogue on the Rights of Transgender and
Intersex Persons and we look forward to building on the
successes of that event.
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The decriminalization of sex work is specifically mentioned in
the National Strategic Plan on Gender-Based Violence and
Femicide, GBVF. In Pillar 3 of the National Strategic Plan
there are a number of key interventions, key activities and
indicators. One of the key activities is: “Finalization of
legislative process to decriminalise sex work, fast-tracking
and promulgation.”
Currently, the selling and buying of sexual services are
criminalised in our country. There are various different
policy options to consider with the view to legislative reform
and I’ve been engaging with key stakeholders on the form that
this reform should take.
We hope to be able to take a Bill to Cabinet soon which will
be published for public comment before returning to Cabinet
for approval and introduction into Parliament.
The issue of decriminalization may be a difficult than a
contested one, but it’s also one that needs to be debated and
a decision taken as the issue has been one which has been
delayed for far too long.
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Finally, we’ve recently concluded a Tripartite Memorandum of
Understanding between our department, the Department of Basic
Education and the SA Human Rights Commission, SAHRC, regarding
the National Schools Moot Court Competition Programme. The MoU
signing ceremony will take place tomorrow.
The first annual National Schools Moot Court Competition took
place in 2011. It’s turned out to be a ground-breaking event
and we can look back with pride over the past 11 years when we
acknowledge the success of this competition in constitutional
awareness and human rights education.
These are but some of the many programmes, interventions and
initiatives undertaken by our department to make access to
justice and the attainment of human rights a reality for all.
As we take these programmes to our communities I want to thank
the portfolio committee for its invaluable feedback and
recommendations in assisting us to better the lives of people
and the justice system as a whole.
Chair, in this the few minutes that I’ve got I just want to
respond to the hon Yako who seems to be making a habit of
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making wide-ranging allegations and issues, I don’t know if
she gets marks for that in the EFF. I can’t respond, I don’t
have time to respond to all the issues that she raised. But
just on the issue of the Minister’s role and the allegations
against the Minster regarding the appointment of Acting
Constitutional Court Judges. Can the hon Yako please read
section 175(1) of the Constitution about the appointment of
Acting Constitutional Court Judges where it says: The
appointment must be made on the recommendation of the Cabinet
member responsible for the administration of justice, for the
uninformed that is our Minister of Justice, with the
concurrence of the Chief Justice. So, hon Yako, you make lots
of complains and claims but it doesn’t help the debate and
people’s understanding of the justice system. I thank you,
Chairperson.
Mr B N HERRON: House chair one of the greatest challenges is
currently facing South Africans is the minority of politicians
and crooks who feel nothing while they continue to exploit,
cheat and deny the justice system of this country of a
prosecution and accountability.
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State Capture and the cleaning up of corruption is of utmost
importance to the survival of our democracy and country and
for our democracy to retain the faith of our people. The
National Prosecuting Authority recently announced following
the damning reports of the Zondo Commission that there’ll be a
creation of a new task force focused on state capture.
This is a step in the right direction. However, the single
step is at the base of mountain of corruption that South
Africans have been struggling against. If there’s one take-
away from the Zondo Commission findings, it is that whatever
information has been revealed is probably but the fraction of
the truth and for this country to move forward, we need to be
looking not at the roots of the tree but rather those who are
actively trying to chop it down.
Advocate Shamila Batohi has admitted that this is a major
challenge for the National Prosecuting Authority and that
there’s a likelihood of an economic collapse should the latest
anti-corruption methods fail once again.
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We must not allow the words economic collapse to become so
climatised to them that we do not identify the crisis and the
impact of this on our country.
We, the people of South Africa must hold this new National
Prosecuting Authority force to the highest standards possible
and see to it that it remains impartial, unbiased and
independent from outside influence from its inception.
We should also heap Chief Justice Zondo’s advice and ensure an
independent anti-corruption agency including a council,
inspectorate litigation unit tribunal in court is established.
Chairperson, common sense must prevail, with more independent,
organisations created to protect South Africans. It will
become harder for them to become infiltrated by agents of
corruption. It is time for the justice system of this country
to be seen to be pursuing justice and rescue itself from our
darkest hours. For this, the National Prosecuting Authority
must be properly resourced.
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Chairperson, we must put our faith in South Africans and their
cry for justice and they will put their faith back in us. I
thank you.
Ms A RAMOLOBENG: Thank you so much House Chair, Minister
Ronald Lamola, Deputy Minister John Jeffrey, Deputy Minister
Holomisa, members of the executive and the legislature
present, hon Chair of the portfolio committee, Members of
Parliament, compatriots, comrades and friends on various
platforms present here, good day.
The preamble of the Constitution clearly articulates that its
adoption is to heal the divisions of the past and establish a
society based on democratic values, social justice and
fundamental human rights.
As we celebrate the 25th anniversary of the final Constitution
and Bill of Rights, it is important to remind ourselves that
the struggle for liberation was for the restoration of human
dignity. It was for justice, freedom and equality.
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The ANC 1943 conference endorsed the Bill of Rights. From that
moment it became an official policy informing the ANC’s vision
for a new South Africa.
The drafters of our Constitution did not draft from a position
of ignorance, they were guided by the Africans Claims document
of 1943. A document which whether the storms of colonialism
and apartheid and still finds expression in the final
Constitution unlike in the present day.
Constitutional democracy courts during apartheid did not have
the power of judicial review by which they could determine the
legality of Acts of Parliament instead courts were confined to
interpreting legislation. The Bill of Rights would be
meaningless if our courts could not enforce it.
One of the landmark cases decided by the Constitutional Court
is that of “S” versus Baloyi. In this case, the court heard
that the state had the constitutional duty to provide
effective remedies against domestic violence.
Penning down the judgement, justice search indicated that read
with section 2(2) and section 7(2) of the Constitution which
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obliges the state to protect, respect, promote and fulfil the
rights in the bill of Rights. Section 12(1) of the
Constitution obliges the state to protect everyone’s rights,
to be free from private or domestic violence, the right to
bodily and psychological integrity, the right to dignity, the
right not to be tortured in any way and the right not to be
treated or punished in a cruel, inhuman, or derogatory way
also obliged to the state domestic violence.
House Chair, our courts remain critical for enforcing and
defending rights of our people and dispensing justice. They
have played a pivotal part in protecting the rights of women.
The courts have consistently highlighted that women are a
vulnerable group whose wellbeing and safety is precarious in
our patriarchal society.
This arises from factors linked to historical oppression,
exclusion from economic activities including economic growth.
Our courts have developed rich jurisprudence which offers a
gender and social political approaches to cases.
The backbone of the fight against gender are the sexual
offences courts and Thuthuzela care centres which were
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introduce to focus on the speedy adjudication of cases
involving crimes and sexual offences in specialised courts
which are equipped to deal with this unique yet heinous
crimes.
The responsibility of ensuring that those responsible for
committing gender based crimes are brought to account rests on
the entire criminal justice system. Courts are the final
arbitrars in matters involving gender based violence. They
have the power to protect abused women and children and to
effectively punish the offenders. In so doing, it sends a
clear message to the perpetrators that such conduct will not
be condoned. Access to court is therefore very paramount.
While strides have been made to curb gender based violence and
violence in general, women, children and other vulnerable
groups still do not feel safe in our societies. The crime
statistics are very frightening; courts alone cannot
alleviate, let alone eliminate the scourge that society faces.
The concerted efforts of all South Africans, government,
private sector, faith based organisations, traditional leaders
and the community at large is needed in this fight.
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Chairperson, the ANC government remains committed in the fight
against crime and corruption. We welcome the efforts made by
the Department of Justice and Correctional Services and the
entire JCPS, Justice, Crime Prevention and Security, cluster
in the fight against fraud and corruption.
It was reported that a total of R36 million in the 2022/23
financial year to invest in ICT in institutions that include
the Investigating Directorate, Public Protector South Africa
and the SA Human Rights Commission.
A total of R426 million over the medium term to intensify the
fight against corruption and ensure sufficient capacity for
the investigation and prosecution of criminal cases emanating
from the State Capture Commission has been set aside.
Amongst others, this will allow the independent Directorate to
appoint an estimated 90 staff members in permanent capacity.
Legal representation is an indispensable part of access to
justice.
Legal Aid South Africa is a critical institution which ensures
the indigent in our country access justice. We welcome the
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report that an amount of R34,3 million is reprioritised to
Legal Aid South Africa over the medium term period to
capacitate the six newly established Specialised Commercial
Crimes Court in Limpopo, Mpumalanga, North West and the
Northern Cape.
To strengthen the NPA’s capacity, an additional R1,1 billion
will be allocated over the medium term.
Land dispensation, racial segregation, discrimination,
political exclusion, and all general socio economic under the
economic development are some of the factors the apartheid
system has.
The rippling effect of the 1930 Native Land Act still exists.
Therefore, there can be no justice without land justice.
We welcome the trans of the legal representation component
from the Department of Agriculture, Land, Reform and Rural
Development to Legal Aid South Africa. This will assist the
indigent who seek justice.
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Chairperson, as I close off, allow me to use a quote by the
Chairperson of the Constitutional Assembly, President
Ramaphosa who on the occasion of the signing of the
Constitution said:
“Today marks the legal transition to a Constitution that
the will of the overwhelming majority of the people of
this country. It’s one law for one nation. A document
that commits not only the government but every single one
of us to the values that have been disregarded in the
past. To human rights, fairness, decent treatment for
all, to democracy and government that is accountable to
the people. To tolerance over our differences and
appreciation over common humanity.”
Chair as I close off, the NAC supports the budget vote. I
thank you.
Mr S M JAFTA: House Chair, this budget vote must be prefigured
in our commitment to bring about the just social order for our
people. To succeed in this, institutions supporting democracy
must be vigilant against abuse of state power. The office of
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the Public Protector must serve the public and not be drawn to
wasteful litigation on matters that are patently frivolous.
The Human Rights Commission continues to perform its work with
abiding clarity and commitment. The National Prosecuting
Authority, NPA’s conviction rates must be sustained, through a
recruitment drive of young, skilled lawyers. The Legal Aid
Board must be capacitated and restructured to allow for the
outsourcing of skilled personnel in the private sector.
Hon members, we are regrettable concerned that the Special
Investigating Unit, SIU, is reportedly owed millions of rands
by government departments. The department must look into this
matter, urgently.
The progress of corruption matters referred to the NPA, is
under our radar. We are closely monitoring this process with
keen interest. We are not moved hon House Chair, by the work
of the department to giving full effect to the Truth and
Reconciliation Commission, TRC’s reparation findings. This is
but one area which has stalled since 1994. And the
department’s reparation sanction must be brought to light. We
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are equally not pleased with how the department has responded
to constant attacks against the judiciary.
In closing hon House Chair, we call upon the department
through the NPA, to repatriate the remains of our liberation
fighters, who have still not been brought to home, to rest. We
therefore, House Chair support the budget vote. Thank you.
Mr W HORN: House Chair, many vulnerable South Africans are
dependent on the justice system to access funds needed to put
food on the table: Maintenance money, guardian fund pay-outs,
collection of debts and restoration payments ordered by our
criminal courts typically enable beneficiaries to merely
survive from one month to the next.
The proper functioning of the justice system of any country is
also a precondition for the type of investor confidence and
economic growth our country desperately needs so that jobs can
be created, poverty could be reduced and in simple terms so
that hunger and destitute can be prevented.
This debate House Chair, takes place not only within this
context, but also within the context of a very serious
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regression during the state capture years in the capacity and
performance of every single institution, except for Legal Aid
South Africa, benefiting from this budget vote.
Three years into our current five-year term it unfortunately
would seem, that we are only seeing a tinkering around the
edges of crumpled, keeled over and ever ailing institutions.
A few examples, problem number one: A fiasco of bad advice,
poor litigation outcomes, money wastage and possible
corruption at the state law advisers.
The identified solution: Appoint a solicitor-general, heads of
offices and ensure policy reform. The outcome: Appoint only an
acting solicitor-general causing hesitancy and preventing
bold, decisive moves, appoint heads of offices, but hamstring
them by showing no urgency on policy reform.
Problem number two: Near collapse of Masters Offices. The
identified solution: Appoint a new chief master and heads of
offices, seemingly without agreeing on relevant and urgent
interventions. The continued outcome, long queues, lost
documentation, non-responsiveness and poor communication,
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massive delays and in many cases a state of paralysis in the
administration of specific deceased estates.
Problem number three: Court buildings countrywide operating in
a state of near physical collapse while court managers,
justice officials and public works officials all continuously
busy themselves with the identification of the need for major
maintenance projects, the implementation of which
unfortunately which as rare as Bafana Bafana qualifying for a
soccer world cup tournament.
The consequences: Ground hog day for officials who continue to
work in an environment not fit for purpose, while continuously
wasting time re-identifying urgent maintenance needs and
pleading for implementation.
The identified solution: Is confirmed again today, the
Minister is, that he has assured us himself, on a continuous
basis having talks about talks with his counterpart at the
Department of Public Works.
Problem number four: Millions of rands thrown towards the
development of an electronic Integrated Justice System over
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the last fifteen years - a project which languishes from the
one insignificant lateral milestone to the next.
The identified solution: Colleagues, have no fear. An
Integrated Justice System, IJS, Board, comprising,
unfortunately of the very same stakeholders that have been
part of the project from the start, has now been established,
which will, the Minister strongly believes, ensure that this
system will now rise like a Phoenix and sore like an eagle.
Problem number five: An implosion of governance on management
level at the Department of Justice. The identified
intermediate solution: Appoint a new director general,
unfortunately without any parallel process to identify the
gravest of risks facing the department and acting on them.
Further outcomes: A massive cyber-ransomware attack, a hack,
complete annexation and lockout from the online system of the
department, followed a few months later by the contract for
the maintenance and operation of electronic court recording
technology coming to an abrupt, but foreseen and avoidable
end - causing wholesale damage to case-flow, the ballooning of
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the criminal court backlog roll, frustration, suspicion and
secondary trauma to victims of crime.
The further identified solutions: In respect of the
information technology, IT systems; at first a frank admission
by the director, DG, that systems will need to be rebuilt from
scratch, partly due to the impact of the hack and partly due
to the inadequacy of the systems previously introduced. But,
then followed, only a few months later, with an assurance and
an insistence that all data has been recovered, all
functionality has been restored and that the old system is
really not a bad one.
The Court Recording Technology; after this system being in a
self-induced coma for nearly a year the previous contractor is
now reviving and nursing it on a temporary basis. Why no
emergency extension of the initial contract was entered into
with this contractor remains a mystery wrapped in a riddle.
Problem number six: Very little happening to prosecute the
corruption, theft and money laundering that happened during
the state capture years. The identified solution: Strengthen
the National Prosecuting Authority, NPA, and set up an
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investigative directorate. The unfortunate outcome: Promises
of seminal prosecutions within the next six months, which are
regurgitated, repackaged and re-announced every six months.
Minister, this is the reality. The backward slide of this
department is too big to think that you can tinker and doodle
it into success.
Wholesale structural changes needs to be made in respect of
how we maintain and manage court buildings and collateral
facilities, and how we manage contracts. Capacity and
expertise, will have to be added where it is needed on the
simple basis of merit and merit alone. A real sense of urgency
will have to become part of the executive and management
culture of this department and its entities.
And in the final analysis you will have to heed the call by
the portfolio committee and take up the fight against
continued budget cuts to this department and its entities.
For if this department and its entities continue to fail,
South Africa will not be able to succeed. Thank you.
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Mr X NQOLA: Thank you very much Chairperson, please allow me
to have video off for connectivity and audibility purposes. We
saw hon Mulder and hon Jafta were cutting and I don’t want to
fall into the same trap.
Chairperson, allow me to extend my greetings to the Ministers
and Deputy Ministers present, the management of the
department, Members of Parliament and South Africans at large.
Chair, I wat to start off by saying, the beauty of our justice
system is the application of the rules of natural justice.
They’re well known out as alteram partem rule. Therefore, this
means for the purposes of this meeting that if an office of
the Public Protector finds a certain hon Xola Nqola in the
findings of the remedial actions to have committed some wrong,
part of the remedies available to Xola Nqola which form part
of the recommendations and findings is taking that report for
review.
Should they not be satisfied in the manner in which
investigation was done, which this is the case in the matter
relating to the Premier of the Eastern Cape, I want to plead
with all hon members to allow the courts to do their work
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without any interference, without any doubt and aspersions
having being casted against the courts.
Chairperson, I wanted to start with that point.
Secondly Chair, the NA has established a committee following a
motion by the DA Chief Whip and following a report by the
independent panel. The NA established that committee in terms
of section 194 of the Constitution. The committee is
established for the purposes of fact finding into the
allegations against the incumbent of the Public Protector.
It is in my view very wrong for hon members to want to cast
aspersions and cause doubt to the section 194 committee’s
work. Particularly, the committee itself has vocally being
saying that there is no predetermined outcome. We are here for
fact finding purposes. We’ll then come back to the NA with the
report.
Fortunately, hon Yako’s supreme leader is part of that
committee so maybe she will be able to understand the work
process that the committee ought to follow.
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Chair, the ANC rises in support of Budget Vote 25, Justice and
Constitutional Development. Many countries across the world
were faced with the ravages of the coronavirus pandemic which
not only robbed us of loved ones but also crippled the
economy.
The coronavirus pandemic came at a time when we as a nation we
were still seized by the fight against gender based violence
and fermicide whose foundation is patriarchy and sexism.
Almost every day we learn of viruses and most gruesome acts of
violence perpetrated against women and children.
The war waged against the bodies of women and children is
relentless and is at such disheartened level that GBV was
declared a second pandemic. GBV goes against the ethos of the
Bill of Rights. It is a serious human rights violation with
major social and developmental impacts for survivors of
violence and their families, communities and society at large.
On an individual level, GBV leads to psychological trauma and
can behavioural and physical consequences for survivors. In
many parts of the country, there is poor access to formal
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psychological or even medical support which means that many
survivors are unable to access the help they need.
Families and loved ones of survivors can also experience
indirect trauma and many do not know how to provide effective
support. The Presidential Summit against gender based violence
and fermicide which was held in 2018 resolved amongst others
to fast track the review of existing laws and policies on
gender based violence to be victim centred and ensure that all
other relevant laws correspond to gender based violence,
implement recommendations that have been identified from
reviews and address legislative gaps and revisit and fast
track all laws and Bills that relate to gender based violence.
President Ramaphosa expressed the country’s commitment to
addressing the scourge of GBV and announced the emergency
response plan to address GBVF which includes strengthening the
applicable legislative framework. The legislative arm of the
state was then seized with the duty to create laws to this
effect.
Last year, both Houses of Parliament considered and passed
what is commonly referred to as the three Bills of gender
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based violence. Making it a good of his commitment, the
President ascended to loss that strength and fight against
gender based violence in January this year.
These pieces of legislation are the Criminal and Related
Matters Act, Domestic Violence Amendment Act and the Criminal
Law Sexual Offences and Related Matters Amendment Act. The
cornerstone of Criminal Law Sexual Offences and Related
Matters Amendment Act is the National Register of Sex
Offenders.
The National Register for Sex Offenders aims to stop thi aid
of incidents against children and people with mental
disabilities. The Department of Justice reported that the
number of sexual offences courts establish at designated
courts would be an indicator of increased access to justice
services.
Further, it was reported that R30 million would be allocated
to designate 150 additional courts as sexual offences courts
and improve the management of the National Register for Sex
Offenders.
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An amount of R49 million would be to upgrade all justice
buildings to be accessible to people with disabilities. It was
also reported that as a mitigating factor to the risk of delay
in the establishment of the sexual offences courts resulting
in perpetual victimisation of victims, designation or regional
courts where the sexual offences courts must be established.
The target for the number of sexual offences courts
established a designated courts has been increased to 80 for
the year 2022/23 financial year.
Hon Chair, the National Development Plan sates that safety
should be measured by the extent which the most vulnerable in
society feel and are safe from crime and the conditions that
predict.
Safety refers principally to a state of an area and is
determined based on real and perceived risk of victimisation.
Therefore, safety refers to areas characterised by the
significant prevalence of violence and crime.
The main objective of the National Democratic Revolution is to
attain a non-racial, non-sexist, innated and prosperous
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society. While there has been immense progress in the
emancipation of women in South Africa through legislative and
other means since the advent of democracy, women remain
disproportionately represented among the country’s poorest.
Women are still in the lower runs of the economic ladder, the
gender division is wide and this makes the ground fertile for
patriarchy and the subjugation of women to try.
Economic empowerment is a critical factor which contributes to
achieving gender equality, unleashing the entrepreneurial
potential of women which drive growth to innovation,
education, training and job creation are some of the effective
ways to ensure lasting empowerment.
To quote Thomas Sankara, when he said:
"The revolution and women's liberation go together. We do
not talk of women's emancipation as an act of charity or
because of a surge of human compassion. It is a basic
necessity for the triumph of the revolution. Women hold
up the other half of the sky."
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Chairperson, notwithstanding all the challenges of conduct, we
appreciate the report that gender based violence and fermicide
is a priority crime in SA Police Services. We acknowledge the
department’s efforts to implement its turnaround strategy to
deal with the DNA backlog. This is critical for the collection
of evidence in rape and GBV cases.
It has been reported that through the ministerial
interventions., by February this year 17 critical contracts
for DNA consumables had been awarded in forensic laboratories
capacitated with [Inaudible.]to fill critical positions. Forty
percent of human resources are dedicated to addressing the 60%
backlog of human resource and is dedicated for incoming cases.
It was reported that between April 2021 and 10 February 2022,
196 people accused of GBV were handed down 272 life sentences.
The ANC government is taking a collaborative approach to
ensure that no effort is spared to reach out to survivors and
address the scourge. The Department of Social Development has
established a 24-hour gender based call centre which offers
trauma counselling and assistance to survivors. It can be
contacted at 0800428428 and I repeat 0800428428 or people can
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send a please call me by dialling *120*7867#, I repeat
*120*7867# on their cell phones.
Chairperson and compatriots, it is important that I as a man
and the public representative take a stand against gender
based violence. Gender based violence is after all a problem
of male violence. It is mostly men who are rapists and
perpetrators of domestic violence.
As men, we should also be playing a more present role in our
families and communities exhibiting healthy and positive
masculinities opposed to sick and distractive masculinities.
As men, we must call each other out and follow true when
issues of GBV come to our attention. We must never look away
when injustices are committed, whether in our families,
circles, organisations or communities.
The fight against GBV cannot be fought by women alone.
Everyone must join the fight and we win if we work together
and it begins with me.
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Hon Chair, let us remind hon Horn of politics 101 or
leadership 101, that leadership can never have a focal point
of problematizing everything. Leadership must lead by example;
leadership must be a solution based kind of leadership not
problems this, problems that. Chairperson, the ANC supports
this budget vote and I thank you very much.
The ACTING CHAIRPERSON (Mr Q R Dyantyi): Thank you Xola Nqola,
I now recognise the Minister. Unfortunately, I don’t have an
upgrade for you. The minutes are allocated, hon Lamola
The MINISTER OF MINISTER OF JUSTICE AND CORRECTIONAL SERVICES:
Thank you very much, hon House Chairperson, and I agree with
the observation from the hon Chairperson of the Portfolio
Committee on the issues of infrastructure. It’s an issue that
we are all working on together with both departments to deal
with it in terms of the maintenance, devolution of the mandate
and also that it must be followed by the budget. Also on the
issues that relates to court backlog, we all have to address
as the Deputy Minister has said that assessment falls within
the purview of the judiciary with us giving the administrative
support.
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It is unfortunate that some members continue to attack the
institutions of constitutional democracy. It’s shocking that
in their attack, they are being factional. They are attacking
the courts and singling out certain Judges without any facts
and basis, just only armed with the conspiracy. No facts, no
reality and nothing. Such kind of conduct is very dangerous in
any constitutional democracy to cast aspersions on important
institutions, without any facts and evidence and being
factional. You cannot isolate just the courts and want to
protect certain institutions. The protection must be afforded
to all institutions of our constitutional democracy. To show
that it is not informed by any facts, for example they do not
want to acknowledge that the NPA and the Hawks are prosecuting
on the Tongaat matter, which is a white collar crime – mostly
white males who are being prosecuted which shows that the NPA
prosecutes without any fear, favour or prejudice. Neither do
they look any colour, they look at the facts of the matter.
They are informed by the evidence. They are not informed by
any Minister or politician, neither will any organisation
inform them to prosecute or not to prosecute anyone. Also,
even the opposition they must know that when you want to
instruct the NPA to prosecute anyone, you are also interfering
with their mandate. It is not only if it’s the Minister. So
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there is no organisation here in Parliament – hon House
Chairperson, maybe they may need to relook at the NPA Act
themselves. You cannot instruct the NPA who they must
prosecute. Even myself I cannot do so. Even yourselves,
Members of Parliament, you should resist and desist from the
temptation to instruct what the NPA must do in terms of
prosecuting anyone. Allow them to do so informed by the facts,
evidence, law in front of them and not by any political
statements and pressure.
I also want to agree with hon Msimang that we need to deal
with the issues that relates to the Master’s Office. We must
respond to these issues because they affect the day-to-day
delivery of services to our people and some of them the Deputy
Minister have already spoken to.
I am not surprised as usual by hon Mulder. He is biased and
also unsubstantiated criticism that is not informed by
anything except the political views of his organisation. I am
not shocked that they will never support this budget because
this budget is for all the people of South Africa. It is not
for a select few. It is not for any segment of the population.
It is for all South Africana for the benefit of everyone,
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black and white, coloured and Indians. Hon Mulder would have
preferred that we should only allocate the budget to only a
particular group of people in the country - which will never
go back to. Now South Africa belongs to everyone and that is
what we work for.
We want to clarify on this issue of the Solicitor-General that
we continue to give support to the office of the state
attorney and policies to turn around the institution. Some of
them are already before Parliament. We are hopeful will
enhance the work of the state attorney and others are already
in the office. In our view, we are turning around that
institution. It is only those that refuse to see that the
Office of State Attorney is being turned around. It is indeed
also the deliberate closing of the eyes by hon Horn, who does
not see that there has been an improvement in the performance
of the department from 66% to 79%. It’s a huge improvement
that this House should be able to acknowledge and which we do
believe that more can be done to improve. But to say that
there is no improvement, there’s a decline. It is not informed
by the outcomes percentage. [Interjections.].
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The ACTING CHAIRPERSON (Mr Q R Dyantyi): ...[Inaudible.] and
the Whips, you are cutting an axe. Let me take that axe away.
The MINISTER OF MINISTER OF JUSTICE AND CORRECTIONAL SERVICES:
Thank you, hon House Chairperson.
The ACTING CHAIRPERSON (Mr Q R Dyantyi): I now remind hon
members that the debate on Co-operative, Governance and
Traditional Affairs will start at 16:30. I thank you, members.
Debate concluded.
Business of the day concluded.
The Mini-plenary session rose at 15:55
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