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21 October 2021 - NW1787

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Justice and Correctional Services

What progress has the Government made in its endeavours to secure the extradition of the Bushiris to the Republic?

Reply:

During November 2020, a request was received from the National Director of Public Prosecutions (NDPP) for the extradition of Shepherd Huxley Bushiri and Mary Bushiri from the Republic of Malawi to the Republic of South Africa to stand trial on various charges. The request was subsequently delivered at the office of the Attorney-General in Malawi on 5 December 2020. The extradition hearing proceeded in the Lilongwe Magistrate’s Court in Malawi.

On 19 April 2021, the attorneys acting on behalf of the Bushiri’s argued in court that South Africa could not rely on the SADC Protocol on Extradition as the Protocol has not been domesticated in accordance with section 211 of the Republic of Malawi’s Constitution. The court ruled that even though the Protocol had not yet been domesticated, that Malawi’s Extradition Act clearly demonstrates in the First Schedule to that Act that South Africa is a designated country for purposes of extradition, and therefore ruled in favour of the prosecution.

The matter was then postponed to Friday 4 June 2021, for the extradition hearing to start. During the proceedings the defense argued that the witnesses who would testify against the Bushiri’s in South Africa should travel to Malawi to give evidence during the extradition proceedings. The Magistrate’s Court ruled in favour of the defense that the witnesses should travel to Malawi. The DPP in Malawi advised the Department that they are of the view that the Magistrate’s Court misdirected itself as regards what amounts to a preliminary inquiry, and that Section 9 of the Extradition Act of Malawi never envisaged physical presence of witnesses in court during an extradition hearing.

The Office of the DPP in Malawi filed a review application to review and set aside the Magistrate Court’s ruling. The review application was heard on 21 July 2021, and judgment is expected soon.

21 October 2021 - NW1960

Profile picture: Chirwa, Ms NN

Chirwa, Ms NN to ask the Minister of Justice and Correctional Services

(a)(i) What is the current backlog in maintenance court cases yet to be resolved by his department and (ii) how far back do they date and (b) how does his department intend on resolving the crisis of backlogs with regard to maintenance court cases?

Reply:

  1. Prior to responding to the abovementioned question by Ms N.N. Chirwa, it is important to provide the definition of Backlog maintenance court cases in the Department of Justice and Constitutional Development.
  2. Backlog maintenance court cases means all maintenance cases finalized after 90 days from the date of proper service of process. This definition was developed due to the fact that the Department is alive to the provisions of Section 6 of the Children’s Act 2005, which provides that all matters affecting children must be finalized speedily and any forms of delays must be avoided.
  3. Given the provisions of Section 6 of the Children’s Act 2005, and with the view to finalize all maintenance cases speedily, the Department firstly developed a key performance indicator: Percentage of maintenance cases finalized within 90 days from the date of proper service of process. With this, the Department planned to finalize maintenance cases within 90 days from the date that the Respondent/ Defaulter was served with the Directive/ Subpoena informing him or her of the maintenance claim and further calling upon him/ her to make good the maintenance claim and also provided that the Maintenance Application complied with the requirements of a complete maintenance application such as that the application has clearly outlined the details of the Defaulter / Respondent, proof of birth of the child and identity documents of the Applicant. Thus any application which does not have the required and necessary information will not be processed as it will negatively affect the investigation process.
  4. Whilst the Department had developed the said Key Performance Indicator, the Department experienced severe capacity constraints and as such resolved to introduce the implementation of the said Key Performance Indicators in identified maintenance courts also referred to as Maintenance Pilot Sites. To date, there are 241 Maintenance Courts which are implementing the said Key Performance Indicator. It is envisaged that the number of the Maintenance Pilot Sites would be increased as and when the Maintenance Courts are capacitated accordingly.
  5. With the view to also track the maintenance backlog cases, the Department also developed the Key Performance Indicator: Percentage of Maintenance Backlog cases finalized. The said Key Performance Indicator has been introduced in the Branch Operational Plan of Court Service and this assist the Department to track backlog cases and prioritize them accordingly.
  6. To date there are 2905 backlog cases (that is cases which were received in the 241 Maintenance Pilot Sites and which could not be finalized within 90 days from the date of proper service of process).
  7. The above backlog cases were received between the periods 2008 to 2021. The reasons for the cases not being finalized within 90 days from the date of proper service of process were also analyzed and it was found that they could not be finalized due to the whereabouts of the Respondents/ Defaulters being unknown and as such they could not be served with the Subpoenas / Directives. It should further be noted that due to the nature of the maintenance processes, the non-service of the subpoenas and directive on the Defaulter means that the maintenance case will not be hearing ripe and as such cannot be finalized. Furthermore, the backlog was also occasioned by postponements as a result of incomplete investigation of the cases. Since the introduction of the Maintenance Defaulters Track and Trace System the courts have also experienced delays in obtaining information from the Information Storing Institutions such as Banks and CIPC.
  8. The Department plans to deal with the backlog cases by training the Maintenance Officers and Maintenance Investigators on the utilization of civil remedies, forensic investigation and child forcedness. This will ensure that maintenance cases are prioritized.
  9. The Department will also train the Maintenance Officers on the utilization of the Interim Maintenance Orders option pending the finalization of investigations.
  10. The Department also plans to strengthen the Maintenance Defaulters Track and Trace System.
  11. The Department will also fill some of the vacant Maintenance Officers’ vacant position progressively.

21 October 2021 - NW1928

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Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

With reference to the judgment by the Supreme Court of Appeal for the Government to recognise Muslim marriages which were supposed to have been enforced in December 2021 and his department’s failure to deal with Constitutional Court matters within its timeline and adhere to instructions by the Speaker of Parliament that such matters be dealt with within six months, what has he found to be the reasons that no progress has been made on the specified matter?

Reply:

1. On 18 December 2020 the Supreme Court of Appeal made the following orders in the matter of President of the RSA and Another v Women’s Legal Centre Trust and Others 612/19) [2020] ZASCA 177; [2021] 1 All SA 802 (SCA); 2021 (2) SA 381:

1.1 The Marriage Act 25 of 1961 (the Marriage Act) and the Divorce Act 70 of 1979 (the Divorce Act) are declared to be inconsistent with ss 9, 10, 28 and 34 of the Constitution of the Republic of South Africa, 1996, in that they fail to recognise marriages solemnised in accordance with Sharia law (Muslim marriages) as valid marriages as long as these have not been registered as civil marriages. The declaration of constitutional invalidity was referred to the Constitutional Court for confirmation.

1.2 The declarations of invalidity were suspended for a period of 24 months to enable the President and Cabinet, together with Parliament to remedy the defects by either amending existing legislation, or passing new legislation within 24 months, in order to ensure the recognition of Muslim marriages as valid marriages for all purposes in South Africa and to regulate the consequences arising from such recognition.

2. Par 1.5 of the order of the Supreme Court of Appeal of 18 December 2020 makes it clear that the orders made by the Supreme Court of Appeal were not the final word on the recognition of Muslim marriages and their consequences. Proceedings would necessarily have to be brought at the Constitutional Court for the confirmation of the declarations of unconstitutionality made by the Supreme Court of Appeal.

3. On 5 August 2021 the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others CCT 24/21 was enrolled at the Constitutional Court for argument. The Constitutional Court heard argument and adjourned the matter for judgment.

4. The Department of Justice and Constitutional Development (DOJCD) has consequently not failed to give effect to the judgment of the Supreme Court of Appeal on the matter of the recognition of Muslim marriages and their consequences. The final judgment in the matter is awaited as it will guide further development of legislation in this regard.

5. The six-month timeframe the Honourable Mr Hendricks refers to which he notes the DOJCD had to comply with to attend to the recognition of Muslim marriages and their consequences has consequently also not yet commenced but will only commence once the Constitutional Court has ruled in the matter of Women’s Legal Centre Trust v President of the Republic of South Africa and Others CCT 24/21.

6. Marriage Laws are now the responsibility of the Minister of Home Affairs, and the necessary legislation will be introduced by that Minister.

21 October 2021 - NW1927

Profile picture: Hendricks, Mr MGE

Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

Whether he will request the President of the Republic of South Africa, Mr M C Ramaphosa, to provide the Former President, Mr J G Zuma with a pardon; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Applications for pardon are considered on an individual basis based on the application made by the applicant or his/her legal representative. No application for pardon was received in respect of Mr Zuma’s conviction for the Minister’s consideration and recommendation.

My Department plays a supporting role in receiving pardon applications and processing the documents for the consideration of the President. The preparatory steps to be taken by the Minister of Justice and Correctional Services and the Department of Justice and Constitutional Development fall within the auxiliary powers of the President in the decision-making process as per the case of Minister for Justice and Constitutional Development v Chonco and Others 2010 (2) BCLR 140 (CCT).

With regard to pardons in general, the President’s power to grant pardon is derived from section 84(2)(j) of the Constitution of the Republic of South Africa, 1996 (the Constitution). The decision whether or not to grant pardon to an applicant rests solely with the President. Though there is no right to be pardoned, the function conferred on the President to make a decision entails a corresponding right to have a pardon application considered and decided upon rationally, in good faith, in accordance with the principle of legality, diligently and without delay. That decision and the constitutional responsibility for that decision, rests solely with the President as Head of State.

21 October 2021 - NW1797

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

Following the announcement by his department earlier in the year regarding the action plan to trace maintenance defaulters and potentially ease dependency on social grants (details furnished), what are the relevant details of the progress that has been made with the specified plan; (2) What obstacles has his department encountered in carrying out the plan?

Reply:

1. The Department has conducted an investigation into the trend of the maintenance defaulters and found that most defaulters do not want to be found so as to avoid the maintenance inquiry processes and further that when they are found they conceal their means or distort the extent thereof so as to appear indigent and become exonerated from the liability to pay maintenance.

The investigation further revealed that there are two forms of economies in South Africa being Formal and Informal economies and as such most defaulters who claimed not to have means to pay for maintenance are within the informal economy. The business concerns are not registered for tax and the defaulters do not have bank accounts in their own names and thus making it difficult for the Maintenance Courts to process the maintenance cases.

In light of the aforesaid, the Maintenance Defaulters Track and Trace System was introduced. Initially it was introduced through the service provider who provided information of the defaulters such as full names, contact details, property ownership and business ownership.

The Department decided to strengthen the Maintenance Defaulters Track and Trace System by training the Maintenance Officers and Maintenance Investigators on the electronic system and investigation processes. So far Maintenance Investigators and Maintenance Officers in the Western Cape, Limpopo and Kwazulu-Natal provinces have been trained on Track and Trace System. Such training remains ongoing.

The officials in the Northern Cape Province were trained on 30 August to 3 September 2021.

The Department is developing a framework through which the concealment of income and assets gained in the informal economy can be traced for the courts to be able to grant maintenance orders in such cases.

2. The following challenges/ obstacles were encountered in implementing the plan:

2.1 The Department had advertised a tender for a service provider to provide On-line/Electronic Tracing Services. The Department received the bids from prospective service providers and the said bids were found to be way above the funds available on the budget for this purpose. This resulted in the tender process being suspended so as to enable the Department to approach National Treasury for additional funding of the project.

2.2 Covid-19 related challenges which resulted in the planned trainings being cancelled owing to officials going on sick leave, quarantine and self-isolation. Inter-provincial travel ban was also implemented in Gauteng and as such trainers who are based in Gauteng could not travel out of Gauteng to other provinces.

2.3 Lack of civil enforcement capacity and forensic investigation skills and capability.

2.4 Lack of tools of trade such as laptops, cellphones and motor vehicles which are necessary for Maintenance Investigators to conduct physical investigation of cases.

2.5 Introduction of the Protection of Personal Information (POPI) Act 4 of 2013 which resulted in the training format being revised.

2.6 Justice College was also approached to develop a Forensic Investigation Training for Maintenance Investigators and Officers with the objective to further strengthen the System. Justice College has advised that they will have to procure the services of the curriculum expert to assist accordingly.

21 October 2021 - NW1796

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

(a) What total number of maintenance defaulting cases is his department currently dealing with and (b) how has he found this number to have been affected by the COVID-19 pandemic to date?

Reply:

In answering the above question, it is important to first understand the concept of “maintenance defaulter” in its correct perspective. A Maintenance Defaulter is a person against whom a maintenance court order has been issued but who fails to comply in full or in part with the said order for a period exceeding 10 days from the date of the issuing of the said order. The above definition therefore indicates that a distinction must be drawn between parties who fail to comply with maintenance court orders and who are simply not contributing financially to the upbringing of their children.

In this regard, the following should be noted:

  1. The total number of maintenance defaulters that the Maintenance Courts has dealt with since 1 April 2021 to 30 July 2021 is 16435. Of the 16435 cases, enforcement orders in the form of Emolument attachment orders and Warrant of Attachment of Debts were issued in respect of 2555 cases.
  2. The number of defaulter’s cases has increased since the outbreak of Covid 19 due to the fact that at the end of the 2020/2021 financial year, the Maintenance Courts have dealt with approximately 35 000 maintenance cases. However, the 2021/2022 financial year is left with 8 months before it comes to an end, but the figures are already drawing close to half of last year’s figures. This may be attributed to job losses as a result of Covid 19 and changes in parties’ personal circumstances.
  3. New applications could not be enrolled during the first lock down which was proclaimed in March 2020. Similarly pending inquiries could not be proceeded with. The situation returned to normal with the announcement of lower alert levels. The courts are grappling with the backlog of matters which accumulate during the lockdown

 

21 October 2021 - NW1789

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

Whether, with reference to his reply to question 1044 on 29 June 2021, the KwaZulu-Natal Regional Court President was subjected to a disciplinary hearing in KwaZulu-Natal in 2018; if not, why not; if so, what were the findings; (2) whether he will make a statement on the matter?

Reply:

The Magistrates Commission was ready to proceed with the disciplinary matter since the previous response after it had already appointed two Officers to Lead Evidence (OLE). In the process in getting the OLEs to be trial ready one of the OLE, Regional Magistrate Johannesburg, indicated that he will be leaving the Judiciary to go on pension during 2022 and the matter will not be finalised by the time he leaves. Based on that reason he requested to be withdrawn as OLE.

The remaining OLE, Tshwane Judicial Administrative Region acting Head, acting Chief Magistrate has also requested to be withdrawn.

His reasons were that the matter related to Mr Nzimande comprised 165 counts, inclusive of alternative charges, of which according to him, will require months of preparation. He indicated that the OLEs must be able to have the required time on hand (many months) to thoroughly prepare for this complex matter prior it even reaching a stage of being pre-trial ready. That responsibility alone is certainly not a one-man-task and definitely requires a minimum of two persons to prepare for the leading of the evidence. It is also important to note that persons appointed as OLEs should have no prior knowledge of the merits and/or evidence to the matter and thus the preparation will include working through all the evidence, the task which consist of many lever-arch files of documents and statements.

He requested to withdraw as OLE as he will not be able to find himself in a position to time-manage his personal life in order to give this matter the time that it deserves, together with some other reasons he chose not to disclose.

The Commission has approached the Department to facilitate the appointment of other component persons to lead evidence and a team has been identified for this purpose.

14 October 2021 - NW2273

Profile picture: Dyantyi, Mr QR

Dyantyi, Mr QR to ask the Minister of Justice and Correctional Services

What (a) total number of applications by persons who are entitled to monies from the Guardian Fund in the Master’s Offices are received each week and (b) is the provincial breakdown of such applications; 2) What total number of litigation cases have been lodged against the Master’s Offices; 3) What is the quantified total amount that should have been distributed to families and individuals, but are still in the accounts of the Master’s Offices; 4) Whether any consequence management action has been taken against any personnel; if not, why not; if so, what are the relevant details; 5) How does he intend to turn things around?

Reply:

1. All applications received by the Guardian’s Fund is captured on the Application Tracker System by each office. However, the Department of Justice and Constitutional Development’s Information Technology Systems are currently down, hence the inability to extract and provide such information at this stage.

2. Though various litigation cases are served on the Master annually, they are not necessarily lodged against the Master, as the Master is and have to be, in many instances, cited as an interested party due to the functions of the Master as prescribed in the various acts governing the Master. In most of those matters, no specific relief is necessarily sought against the Master. The tables below provide details of all litigation matters received in which the Master is cited according to the records kept:

1 April 2020 – 31 March 2021 

Total

Unopposed summonses

74

Opposed summonses

6

Unopposed applications

574

Opposed applications

costs only opposed

22

 

application opposed

6

Matters where no specific action was filed (withdrawn, incorrectly cited, etc.)

25

Annual Total

707

1 April 2021 30 June 2021 

Total

Unopposed summonses

29

Unopposed applications

207

Opposed applications

costs only opposed

4

Matters where no specific action was filed (withdrawn, incorrectly cited etc.)

15

Quarter 1 Total

255

3. The only funds held by the Master, is that which have been deposited into the Guardian’s Fund in terms of the applicable laws.

Funds are received or accepted by the Master into the Guardian’s Fund for the benefit of a specific beneficiary. The Master opens an account in the name of the person to whom the money belongs to or the estate of which the money forms part of. Only that beneficiary may claim the funds due to him/her once it becomes claimable. The Master will administer the funds, free of charge, for the minor until he/she turns major (now 18 years of age) or reach the age as indicated in the Will/Testament.

Deceased Estate funds in the Guardian’s Fund becomes claimable by beneficiaries as soon as they reach the age of majority, or such other date as may be determined by a Will/Testament. Funds which earn interest will still bear interest for a period of five (5) years after it became claimable. Claimable funds are also advertised in the Government Gazette for three (3) consecutive years in September each year (Section 91). These adverts must also be displayed at all Magistrate Courts. The advertisement is further also placed on the Master’s Website

Whilst the funds are not yet claimable by the beneficiary, the guardian of a minor/persons incapable of managing their own affairs can claim maintenance/allowance from the Guardian’s Fund. The Master is entitled to pay for maintenance, such as school and university fees, clothes, medical fees, boarding and lodging and any other needs that can be fully motivated. Payments can be made directly to the service provider such as schools, universities, bookshops, etc.

In terms of Section 92 of the Administration of Estates Act, if funds are not claimed for thirty (30) years after it became claimable, it is forfeited to the State and are paid over to the Commissioner of Revenue. All funds which have not yet been claimed prior to thirty (30) years are still claimable by the relevant beneficiaries.

As the Master does not have control over who decides to claim the funds, maintenance etc. and how much they want to claim – it is not possible to indicate a quantified amount which should have been distributed to families or an individual, but is still with the Master. As from the above explanation, it is clear that all funds in the Guardian’s Fund, can be applied for by the beneficiary, guardian, etc. at any stage, from the date it is deposited, up to 30 years after it became claimable.

4. Yes, action has been taken against relevant personnel. Below are the relevant details:

NATURE

NUMBER

STATUS

OUTCOME OF THE SANCTIONS

Bribery

3

2 Finalised

2 Final Warning

   

1 Not Finalised

1 Pending

Corruption

7

5 Finalised

2 Not Finalised

1 Suspension

     

1 Verbal Warning

     

1 Written Warning

     

2 Dismissal

     

2 Pending

Fraud

3

1 Finalised

1 Withdrawal

   

2 Not Finalised

2 Pending

Insubordination

3

1 Finalised

1 Final Warning

   

2 Not Finalised

2 Pending

Intimidation

1

Not Finalised

1 Pending

Negligence

3

1 Finalised

1 Dismissal

   

2 Not Finalised

2 Pending

Unauthorised Absence

1

Finalised

1 Written Warning

Unethical Behaviour

2

Not Finalised

2 Pending

Maladministration (Busasa)

1

Not Finalised

Pending

Non-Disclosure (Busasa)

1

Not Finalised

Pending

Total

25

11 Finalised 14 Not Finalised

14 Pending

1 Withdrawal

2 Written Warning

1 Verbal Warning

3 Final Warning

3 Dismissal

1 Suspension

5. A new administration and financial system for the Guardian’s Fund was developed together with Information Systems Management.

The tender process has been done in the 2020/21 financial year, and it is envisaged that development of this system will be finalized and rolled-out in the 2022/23 financial year. The new system will be a full financial system which will ensure accurate financial statements and management. The move to a fully financial system will guarantee accurate records and reports while simplifying processes of the Master’s office in Guardian’s Fund matters.

14 October 2021 - NW2272

Profile picture: Dyantyi, Mr QR

Dyantyi, Mr QR to ask the Minister of Justice and Correctional Services

What (a) total number (i) of applications for claims to estates were registered with the Master’s Offices during the period 1 April 2020 to 30 April 2021 and (ii) of the specified applications were (aa) successfully or (bb) unsuccessfully attended to, (b) was the overall quantified amount during the specified period and (c) was the breakdown of the applications in each province; 2) How long does it take before an applicant receives an acknowledgement?

Reply:

1. In terms of sections 29 and 31 of the Administration of Estates Act 66 of 1965, all claims against Deceased Estates must be lodged with the appointed executor, and not the Master.

In terms of sections 32 and 33 of the Act, the Executor can dispute or accept these claims against the estate and any party aggrieved by such decision of the executor can either proceed to proof his/her claim in court. Alternatively, the claimant may wait until the executor lodge the Liquidation and Distribution Account and then formally, in terms of section 35(7) of the Act, object to the Liquidation and Distribution account to include his/her claim.

It is the duty of the executor to ensure that all heirs and creditors specified in the approved Liquidation and Distribution account are paid accordingly.

The Master does not receive or decide on the validity of claims against Deceased Estates and does not keep record of such information. This information can be obtained from the lodged Liquidation and Distribution Account in each estate above the value of R250 000.

 

2. In terms of Section 29 of the Administration of Estates Act 66 of 1965, every executor shall, as soon as may be after letters of executorship have been granted, cause a notice to be published in the Gazette and in one or more newspapers circulating in the district in which the deceased ordinarily resided at the time of his death and, if at any time within the period of twelve months immediately preceding the date of his death he so resided in any other district, also in one or more newspapers circulating in that other district, or if he was not ordinarily so resident in any district in the Republic, in one or more newspapers circulating in a district where the deceased owned property, calling upon all persons having claims against his estate to lodge such claims with the executor within such period (not being less than thirty days or more than three months) from the date of the latest publication of the notice as may be specified therein.

In terms of section 32, if an executor disputes any claim against the estate, he may by notice in writing:

a) Require the claimant to lodge, in support of his claim, within a period specified in the notice, an affidavit setting forth such details of the claim as the executor may indicate in the notice; and

b) With the consent of the Master, require the claimant or any other person who may in the opinion of the Master be able to give material information in connection with the claim, to appear before the Master or any Magistrate or Master nominated by the Master, material information in connection with the claim, to appear before the Master or any Magistrate or Master nominated by the Master, at a place and time stated in the notice, to be examined under oath in connection with the claim.

03 September 2021 - NW1038

Profile picture: Ndlozi, Dr MQ

Ndlozi, Dr MQ to ask the Minister of Justice and Correctional Services

What (a) total number of persons between the age of 16 and 25 are incarcerated in correctional services facilities and (b) number of the specified persons were convicted for (i) murder and (ii) grievous bodily harm?

Reply:

a) As at 11 May 2021 a total of 12 542 persons between the age of 16 and 25 were incarcerated in Correctional services facilities. The breakdown per region is as follows:

Total Number Of Persons Between The Age Of 16 And 25 Incarcerated In Correctional Services Facilities

Region

Age group 16 to 25 years incarcerated

Eastern Cape

2 238

Gauteng

1 226

KwaZulu-Natal

1 763

Limpopo, Mpumalanga & North West

1 776

Northern Cape & Free State

2 219

Western Cape

3 320

Grand Total

12 542

(b)(i) Murder

Number of the specified persons between the age of 16 and 25 incarcerated for murder

Region

Murder

Eastern Cape

440

Gauteng

218

KwaZulu-Natal

402

Limpopo, Mpumalanga & North West

347

Northern Cape & Free State

430

Western Cape

616

Total

2 453

(b)(ii) Grievous Bodily Harm (GBH)

Number of the specified persons between the age of 16 and 25 incarcerated for grievous bodily harm

Region

Grievous Bodily Harm

Eastern Cape

153

Gauteng

58

Kwazulu-Natal

61

Limpopo, Mpumalanga & North West

100

Northern Cape & Free State

130

Western Cape

193

Total

695

END.

03 September 2021 - NW1667

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Whitfield, Mr AG to ask the Minister of Justice and Correctional Services

What is the total number of convicted schedule 08 offenders that have been (a) imprisoned at and (b) released from facilities of his department in the (i) 2016-17, (ii) 2017-18, (iii) 2018-19, (iv) 2019-20 and (v) 2020-21 financial years?

Reply:

a) Imprisoned

REGIONS (In prison Schedule 08 offenders)

Imprisoned

2016/17

Imprisoned

2017/18

Imprisoned

2018/19

Imprisoned

2019/20

Imprisoned

2020/2

Grand Total

RC EASTERN CAPE

18 955

18 588

17 663

17 074

14 090

22 821

RC GAUTENG

32 978

32 373

31 600

29 944

23 309

41 462

RC KWAZULU-NATAL

26 663

26 038

25 094

23 563

18 894

32 366

RC LIMPOPO MPUMALANGA & NW

21 963

21 708

21 856

21 518

17 551

27 007

RC NORTHERN CAPE & FREE STATE

19 032

19 078

18 934

17 971

14 440

22 465

RC WESTERN CAPE

25 537

24 885

24 318

23 434

17 827

36 179

Grand Total

145 128

142 670

139 465

133 504

106 111

182 300

(b) Released

REGIONS (Released Sch 08 Offenders)

FY 2016/17

FY 2017/18

FY 2018/19

FY 2019/20

FY 2020/21

Grand Total

RC EASTERN CAPE

4 799

4 710

4 515

5 112

3 685

22 821

RC GAUTENG

8 242

7 917

8 294

10 209

6 800

41 462

RC KWAZULU-NATAL

6 643

6 351

6 249

7 394

5 729

32 366

RC LIMPOPO MPUMALANGA & N.W.

5 263

4 817

4 999

6 728

5 200

27 007

RC NORTHERN CAPE & FREE STATE

4 328

4 211

4 272

5 320

4 334

22 465

RC WESTERN CAPE

7 729

7 066

6 848

9 163

5 373

36 179

Grand Total ALL types of releases

37 004

35 072

35 177

43 926

31 121

182 300

Number of convicted Schedule 8 not added to the National Forensic DNA Data base (Released on parole without DNA) PQ 1660 - NW1806E

22 325

18 470

19 556

20 772

15 752

96,875

Number of other release types other than parole release E.g. Sentence Expiry Date (SED)

14 679

16 602

15 621

23 154

15 369

85 425

Grand Total ALL types of releases

37 004

35 072

35 177

43 926

31 121

182 300

END

28 July 2021 - NW1041

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Sindane, Mr P to ask the Minister of Justice and Correctional Services

Whether he is considering the parole application of (certain person) held in Worcester Correctional Facility and (certain person) held at Voorberg Correctional Facility; if not, why not, in each case; if so, by what date will he sign for their release?

Reply:

It should be noted that both offenders are serving sentences of life imprisonment. They have benefitted from Phaahla judgment handed down by the Constitutional Court on
03 May 2019, since they were sentenced after 01 October 2004 for offences committed before 01 October 2004.

The mentioned offenders have been assessed for placement by the Case Management Committee and Correctional Supervision and Parole Board, their profiles are yet to be considered by the National Council of Correctional Services (NCCS) before being forwarded to the Minister for a decision.

The possible placement of offenders serving life sentences (lifers) are considered by the Minister in line with section 78 of the Correctional Services Act 111 of 1998. Therefore, the Minister will consider each case on its merit and will approve or disapprove parole placement once he is satisfied that offenders are indeed rehabilitated based on the information presented.

END

28 July 2021 - NW1165

Profile picture: Selfe, Mr J

Selfe, Mr J to ask the Minister of Justice and Correctional Services

Whether the State Attorney has been requested by the Department of Public Works and Infrastructure to begin proceedings to evict the illegal occupants from Elwyn Court, Chelmsford Road, Vredehoek; if not, what is the position in this regard; if so, (a) on what date, (b) what action has the State Attorney taken in this respect and (c) on what date is it envisaged that the illegal occupants will be evicted?

Reply:

Yes, the Office of the State Attorney in Cape Town has been instructed by the Department of Public Works and Infrastructure, through the Legal Services’ Office in Cape Town, to initiate eviction proceedings as the contractor was appointed to renovate the property in question needed for identified purpose and following complaints from nearby property owners as well as residents.

a) Instructions were received on 19 February 2018, and subsequently thereto as per the client’s instructions, a notice to vacate the premises was served on the unlawful occupants.

b) When the unlawful occupants refused to vacate the property, the State Attorney appointed Counsel to draft necessary papers to move the application for eviction.

c) At this stage, it is not clear when the application for eviction will be moved and all that we can say is that such depends on when the State Attorney will be receiving full and proper instruction from the client department as outlined in the advice of the legal team following consultation with the client, namely: the full and updated details of the people unlawfully occupying the property that they are sought to be evicted from, alternative accommodation and any other special circumstances of the occupants that a court might require explanation on, and lastly the attitude of the municipality regarding alternative accommodation.

26 July 2021 - NW1380

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Msane, Ms TP to ask the Minister of Justice and Correctional Services

Whether the Government has any intention to withdraw South Africa from the International Criminal Court (ICC); if not, what is the position in this regard; if so, by what date will the Government formally sever ties with the ICC?

Reply:

(a) In October 2016, the 5th administration of South Africa took a decision to withdraw from the Rome Statute of the International Criminal Court (“Rome Statute”). Following this decision, South Africa sent a written notice to withdraw from the Rome Statute to the Secretary General of the United Nations. In January 2017, the African Union (AU) took a decision followed by a resolution issued in February 2017 encouraging member nations to withdraw from the International Criminal Court (ICC). In addition to South Africa, two other AU members, Burundi and Gambia, also indicated their intentions to withdraw from the Rome Statute in 2016. However, Gambia reversed its decision immediately after a newly elected government assumed power in February 2017. Burundi, on the other hand, has become the first country to withdraw its membership from the ICC.

(b) In February 2017, the North Gauteng High Court unanimously ruled that the withdrawal notification sent by South Africa to the United Nations was unconstitutional and invalid without prior parliamentary approval, and ordered the Government to rescind the notice with immediate effect. In line with the court decision, the South African government revoked its notice of withdrawal from the Rome Statute in March 2017.

(c) The International Crimes Bill, introduced in Parliament in 2017, whose purpose was to withdraw South Africa from the ICC by repealing the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, is still with the Portfolio Committee in Parliament.

(d) Since that time, numerous developments within the ICC have taken place, including the adoption of the “Understanding with respect to article 97(c) consultations” by the Assembly of State Parties in December 2017. This Understanding, which was adopted as a result of concerns raised by South Africa, provides for a process for States to consult with the ICC in relation to a request for cooperation. In addition, the African Union’s resolve to reform or transform the ICC from within rather than through withdrawals and the failure to provide an African alternative court to the ICC are some of the notable developments.

(e) As a result of these developments, there are ongoing discussion between the Department of Justice and Constitutional Development and the Department of International Relations and Cooperation with a view to develop proposals on South Africa’s membership of the ICC. These proposals will be submitted to Cabinet, and once approved, will provide a way forward on the matter.

(f) In terms of International law, South Africa remains a full member of the ICC with all the rights and obligations that accrue to all members of the Rome Statute. The Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 remains in full effect.

09 July 2021 - NW271

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Madlingozi, Mr BS to ask the Minister of Justice and Correctional Services

Whether he and/or his department has been updated by the National Prosecuting Authority on the status of the investigations into the Steinhoff corruption saga; if not, why not; if so, what progress has been made with the specified investigations?

Reply:

The investigation is being conducted by the Directorate for Priority Crime Investigation (DPCI) and has been ongoing since early 2018. It is a complex investigation, involving also a forensic investigation into thousands of foreign and local transactions, requiring for applications for Mutual Legal Assistance Requests relating to different bank accounts in various countries to be made.

Further, the DPCI recently registered a separate case docket relating to an investigation into possible insider trading against the suspect/s. A team of prosecutors is guiding such investigation, and the team of investigators has been enhanced, in line with the decision to prioritize the matter.

09 July 2021 - NW1311

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Selfe, Mr J to ask the Minister of Justice and Correctional Services

(1)Whether there is a Correctional Supervision and Parole Board dedicated to the Johannesburg Female Correctional Centre; if not, what is the position in this regard; if so, what are the relevant details; (2) whether any delays and/or backlogs occur in the consideration of parole applications from the specified correctional centre; if so, what (a) are the reasons for the delays and/or backlogs and (b) steps are being taken to expedite such applications?

Reply:

1. Yes there is a Correctional Supervision and Parole Board (CSPB) dedicated to the Johannesburg Female Correctional Centre, however the positions of the Chairperson and Vice Chairperson: Correctional Supervision and Parole Board are vacant.

(2)(a) Yes, there are delays in the consideration of parole with a current backlog of nine (09) offenders.

(2)(b) The CSPB Chairperson that is dedicated to Correctional Centre B, is assisting with parole considerations for the Female Correctional Centre. A roaming Vice Chairperson from Modderbee Management Area is then assisting at Correctional Centre B CSPB with consideration of Lifers as this is a time consuming process. The intervention of the roaming Vice Chairperson from Modderbee enables the Chairperson more time at the Female Correctional Centre.

It is desirable that CSPB posts should be filled to capacity, however due to Chairpersons, Vice-Chairpersons and community members being appointed on a 3 year contract there will be vacancies as a result of expired contracts pending the finalisation of the recruitment process. The process of filling these vacant positions is underway as the positions have been advertised.

The intervention of roaming CSPB members was put in place at various management areas in order to minimise delays.

END.

09 July 2021 - NW1008

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Steyn, Ms A to ask the Minister of Justice and Correctional Services

What total number of cases of stock theft are currently on the court roll; (2) what is the total number of cases of stock theft (a) that the court has dealt with since 1 January 2019 and (b) in respect of which the court secured convictions in the specified period; (3) what (a) is the total number of cases of stock theft that were thrown out of court since 1 January 2019 and (b) were the main reasons for cases to be thrown out of court?

Reply:

1. As at 16 March 2021, a total of 1 568 cases are currently on the court rolls. This only relates to stock theft and does not include related offences such as attempted stock theft, receiving or possession of stolen stock, etc. The same applies to the responses below.

2. (a) The courts have dealt with 4 631 cases during the period 1 January 2019 to March 2021

(b) Convictions were secured in 1 553 cases during the afore-mentioned period and there were 382 acquittals.

3. (a) During this period, 2 315 cases were withdrawn from the court rolls. Some of

these cases were again enrolled after investigations were finalised, new evidence were obtained or facts in the matters changed. The number of cases re-enrolled is part of information contained in decision dockets, which is not recorded electronically and therefore not available for reporting purposes. There were also 816 cases struck off the roll during this period.

(b) The reasons for withdrawals are currently not recorded, although reasons for withdrawals or decisions not to prosecute are recorded on each case docket manually. The general reasons include the unclear identification of the stock in dispute (which is not marked or not properly marked, and ownership is in dispute). In some instances, witnesses become unavailable, evidence is obtained that disproves allegations contained in the docket initially, or the complainant requests the matter to be withdrawn.

In addition to the above, it should be noted that stock theft is regarded as a serious offence to which priority and focused attention is provided within the National Prosecuting Authority (NPA). Stock theft has a crippling effect on commercial as well as communal farmers (representing 40%) of stock owners. The effect of stock theft is not confined to the actual monetary loss, but it also has a ripple effect that compromises the job security of the workers on the farms. Although training was hampered by lack of budget and resources in recent years, the NPA in collaboration with Justice College conducted four (4) courses in 2016, where 87 prosecutors attended the courses including five (5) prosecutors from Botswana. As part of the internal Community Prosecution Initiative, three (3) areas have identified stock theft as priorities in their areas, namely: Ermelo in Mpumalanga as well as Molopo and Odi offices in North West. Prosecutors will be working with all stakeholders and the community in these regions to address the crimes on stock theft.

Currently, one (1) of the cases in court relating to stock theft involves a charge of racketeering which has already been authorised by the National Director of Public Prosecutions. The case, which also involves a police official, is in Ermelo Regional court and includes charges of:

i) Contravention of section 2(1)(f): Managing an Enterprise - Accused 1, 2 and 4;

ii) Contravention of section 2(1)(e): Conducting or Participating in an Enterprise Through a Pattern of Racketeering Activities (Accused 1-7);

iii) Theft read with the provisions of the stock Theft Act, Act 57 of 1959 - All accused;

iv) Defeating the Ends of Justice - Accused 6;

v) Housebreaking with the intent to rob - Accused 3, 4 and 5;

vi) Robbery with Aggravating Circumstances - Accused 3, 4 and 5; and

vii) Kidnapping - Accused 3, 4 and 5

09 July 2021 - NW1002

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Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

With reference to the senseless murder case number CAS266/11/2020 of Bonteheuwel resident, Ms Lauren Dryden, in November 2020, what are the reasons that all charges have been dropped against the accused, Mr Fernado Isaacs, who was expected to appear in the Goodwood Magistrate’s Court on 29 March 2021; (2) whether he will furnish Ms A L A Abrahams with a detailed report on how the decision was taken; if not, why not; if so, what are the relevant details; (3) whether he will consider reopening the case in the interest of justice for the family and the community of Bonteheuwel; if not, why not; if so, will the matter with reference number: 10/2/4/6-1292/2 remain with state prosecutor?

Reply:

1. The National Director of Public Prosecutions has informed me that the following are the reasons for the withdrawal charges against the accused person:

a) At the time of accused arrest, the only evidence linking him to the crime was an informal identification of him on a Facebook photograph.

b) Evidence about identification is, because of the fallibility of human observation, to be treated with caution by the courts.

c) The accused was arrested and detained, pending a further investigation to link him further to the commission of the offence.

d) No further evidence was forthcoming and his continued incarceration could not further be justified.

e) The charges were therefore provisionally withdrawn against the accused person.

2. Other than what is stated above, the State does not wish to disclose any further details surrounding the investigations at this stage. It must be borne in mind that the matter is still under investigation, and that the State does not wish to compromise this process.

3. At the time of provisionally withdrawing the charges against the accused person, the prosecutor received instruction to discuss the reasons for the withdrawal of the charges with the family of the deceased, as well as the re-enrolment plan.

As stated above, the Acting Director of Public Prosecutions (ADPP) received confirmation from the prosecutor that the consultation did take place on the day of the withdrawal of the charges against the accused person. Therefore, the ADPP issued instructions for further urgent investigations. Once the investigations have been completed, the docket will be presented back to the ADPP for re-evaluation.

The NPA treats instances of femicide as a priority crime with sensitivity and compassion. If sufficient evidence linking the accused person or any other person is uncovered, prosecution will definitely be reinstated.

09 July 2021 - NW907

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Arries, Ms LH to ask the Minister of Justice and Correctional Services

What total number of (a) cases of domestic violence were prosecuted over the past five years and (b) the specified cases have resulted in convictions?

Reply:

a) It must be noted that there is no offence per se called “domestic violence”, it is rather a collective of offences related to the Domestic Violence Act or other relevant legislation (for example: Protection from Harassment Act) or even other related common law offences which displays evidence of domestic violence in the merits of the case (for example: attempted murder).

The National Prosecuting Authority (NPA) does not collate offence specific statistics, therefore we extracted the information as is available on the ECMS. The information reflected only relates to main charges and would not indicate those cases where a different main charge such as assault, attempted murder, malicious injury to property, etc have been added. Secondly, the extracted information only relates to offences linked to the particular Acts of which three (3) contraventions are available namely:

Source

Description

a) Section 18(1)(a) read with section 10(1) or (2) of the Protection from Harassment Act 17 of 2011

Contravening a prohibition, condition, obligation or order imposed by a court by means of a protection order.

b) Section 6(a) read with section 2 and 4 of the Prevention of Family Violence Act 133 of 1993

Contravening an interdict or other order granted by a judge or magistrate in a domestic violence incident.

c) Section 7(1) read with section 17 of the Domestic Violence Act 116 of 1998

Contravening the conditions of domestic violence protection order.

The following information, as extracted, is only with reference to contraventions on the aforementioned legislation. The previous disclaimers as explained in the second paragraph should also be kept in mind. A comparison of cases finalised between April 2019 and March 2020 compared with the verdicts finalised with a verdict between April 2020 and March 2021 is depicted in Figures 1 and 2 for District and Regional court respectively.

Figure 1: Verdicts Apr 19- Mar 20 compared to Apr 20 – Mar 21 in DC

Light blue reflects the 2020/21 FY for number of verdict cases finalised per month. The decrease in numbers as indicated is due to the impact of covid-19 and related restrictions. The dark blue information reflects the previous 2019/2020 FY.

 

Figure 2: Verdicts Apr 19- Mar 20 compared to Apr 20 – Mar 21 in RC

Light blue reflects the 2020/21 FY for number of verdict cases finalised per month. The decrease in numbers as indicated is due to the impact of covid-19 and related restrictions. The dark blue information reflects the previous 2019/2020 FY. The lower numbers in the Regional Court is attributed to the fact that the predominant number of these contraventions of orders are dealt with in the District Courts.

 

Similarly, a comparison of cases finalised between April 2018 and March 2019 compared with the verdicts finalised with a verdict between April 2019 and March 2020 is depicted in Figures 3 and 4 for District and Regional court respectively.

Figure 3: Verdicts Apr 18- Mar 19 compared to Apr 19 – Mar 20 in DC

Light blue reflects the 2019/20 FY for number of verdict cases finalised per month. The dark blue information reflects the previous 2018/2019 FY.

 

Figure 4: Verdicts Apr 18- Mar 19 compared to Apr 19 – Mar 20 in RC

 

b) The number of convictions resulting from the verdict cases are depicted in Figures 5 and 6 for the period April 2020 to March 2021; respectively for the District court and the Regional court. The conviction rates during this period for the District court was 77.9% and in the Regional court 77.3%.

The number of convictions resulting from the verdict cases are depicted in Figures 7 and 8 for the period April 2019 to March 2020; respectively for the District court and the Regional court. The conviction rates during this period for the District court was 76.2% and in the Regional court 80.0%.

Figure 5: Verdicts breakdown for Apr 20- Mar 21 in DC

Figure 6: Verdicts breakdown for Apr 20 - Mar 21 in RC

Figure 7: Verdicts breakdown for Apr 19- Mar 20 in DC

 

Figure 8: Verdicts breakdown for Apr 19- Mar 20 in RC

 

01 July 2021 - NW1608

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Selfe, Mr J to ask the Minister of Justice and Correctional Services

What total number of reports did the National Prosecuting Authority (NPA) receive from the Special Investigating Unit (SIU) concerning allegations of crimes committed by a certain person (name furnished) and other unspecified officials of his department; (2) whether the NPA has instituted criminal charges against any persons as a result of the SIU reports; if not, (a) why not and (b) what action will the NPA take based on the reports; if so, (i) who has been charged, (ii) what type of charges have been laid and (iii) on what date is it envisaged that the trial(s) will commence?

Reply:

  1. During March 2020, the Special Investigating Unit (SIU) referred the matter directly to the Asset Forfeiture Unit (AFU) Head Office. The matter was referred to the AFU Durban as it falls within the jurisdiction of that office.
  2. There is currently no criminal case registered with the South African Police Service (SAPS) in this matter. However, the AFU in Durban is engaging with the Directorate for Priority Crime Investigations (DPCI): Anti-Corruption, with a view to initiate a criminal investigation on the matter. It should be noted that the SIU is also involved in disciplinary proceedings brought against the person by the Department of Correctional Services.

29 June 2021 - NW1044

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Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

Whether the Magistrates Commission has taken any steps against a certain person (name and details furnished) in 2018 or thereafter with regard to serious claims of misconduct; if not, why not; if so, what are the relevant details of the steps that were taken; (2) whether he will make a statement on the matter?

Reply:

1. The Magistrates Commission confirms that it has received a number of serious complaints against KwaZulu Natal Regional Court President. On 31 August 2018, the Commission resolved to charge him. A charge sheet with 50 counts of misconduct was personally served on the KZN Regional Court President on 04 September 2018. An amended charge sheet with a total of 162 charges was served on him via his attorney on 30 March 2021. He has been provisionally suspended from office which suspension was confirmed by Parliament on 9 October 2018. He is subjected to a disciplinary hearing which will be commencing within the next two months.

(a) No.

29 June 2021 - NW148

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Masango, Ms B to ask the Minister of Justice and Correctional Services

In view of the Republic’s gender-based violence (GBV) that is peaking and children that are being used as bargaining tools by perpetrators of violence against women once the victim opens a case, what (a) protection does a protection order that is filed against an alleged perpetrator of GBV provide for children in such a case and (b) rights does the victim have to retain custody of the child until the said court dates; (2) what is his department doing to assist victims, especially female victims, to avoid alleged perpetrators of GBV from taking their children away as revenge for opening a case against them?

Reply:

1. (a) The Domestic Violence Act, 1998 (Act No. 116 of 1998) was enacted to address and combat domestic violence. An applicant can apply to court for a protection order against the perpetrator’s abuse, in terms of the Domestic Violence Act.

The court may, if it is satisfied that it is in the best interest of any child:

  • by means of an order, refuse the respondent (alleged perpetrator) contact with such child
  • order contact with such child on conditions as it may consider appropriate
  • prohibit the respondent (alleged perpetrator) from entering the residence shared by the complainant and the respondent (alleged perpetrator), provided it is in the best interest of the applicant.
  • The applicant can apply for an order for temporary placement of children in care facilities.
  • Further, the domestic violence court may not refuse to issue a protection order or impose any condition or make any order which is competent to impose or make merely on the grounds that other legal remedies are available to the complainant.

In providing the necessary relief, the court considers the facts presented before

it. The court, in making any order where it affects placement of children or removal of the respondent (alleged perpetrator), depending on the facts and application before it, will consider the best interests of the child, including safety, health, the well-being, perceived risk of further harm or violence, personal and material interests of both the applicant and the children and the best interests of the child.

The best interests of the child, in addition to that of the applicant, is emphasised to demonstrate that in all matters of gender-based violence where children are affected, the court will probe the details of a case in order to have all facts before it, so as to make an appropriate order. In this regard, the court may, where circumstances permit, in terms of the Mediation in Certain Divorce Matters Act, 1987, refer such matters to the Office of the Family Advocate for the court to obtain the Family Advocate’s report containing the recommendations on the best interests of children affected by the domestic violence.

The Family Advocate will conduct an investigation into the welfare of the children and make such recommendation that will first identify the risks and factors that have a direct and an indirect impact on the wellbeing of the children, and then recommend the necessary safety nets to mitigate such risk pending the finalization of the domestic violence case. These recommendations may include supervised contact between the children and the alleged perpetrator, in appropriate circumstances.

The Domestic Violence Act also provides for the court to consider an application brought before it by a child under this Act and if it deems fit, grant the interim protection order. In addition, if the court finds that the applicant child is in need of care, that child will be referred to the children’s court for further intervention.

The provision above demonstrates that minor children have to be protected and can deviate from the norm of a minor having to be accompanied by a parent or guardian, as an order can still be sought against either. The court will respond to any emergency application before it and grant the temporary relief sought, after considering all facts before it and the rights of children affected.

Where the perpetrator contravenes the interim order or removes the children against the court order, that will amount to contempt of court. Legal consequences ensue and the warrant of arrest by the domestic violence court is immediately given effect to. It must be noted that these are immediate orders which are interim pending the return date for further hearing, including that of the alleged perpetrator, for either the confirmation thereof or any order appropriate.

The Sexual Offences and Community Affairs (SOCA) Unit of the national prosecuting Authority provides regular training on the Domestic Violence Act to prosecutors and other partners in the criminal justice system to ensure that the intention of the Domestic Violence Act is fully realized.

(b) Where the victim of domestic violence is a primary care giver of the children (the

victim resides with the children) they will still retain the primary care of the children pending the finalization of the matter. The right that the victim has is that they can request assistance from the Office of the Family Advocate with regards to the drafting of a Parenting Plan. In the Parenting Plan they can set out arrangements as regards the children’s residence as well as the contact regime (how they will continue having contact with the alleged perpetrator) pending the finalization of the case. The victim can also request the Office of the Family Advocate to assist with assessments of the children, interactional analysis as well as observation of the children to ensure that they retain the custody of the children.

2. Children cannot be uprooted from their stable environment without any lawful reason. In the case where a child is unlawfully removed from their stable environment, that is they are removed without a court order or any form of agreement between their parents, the primary caregiver, in this case, the victim of domestic violence has a right to launch an application at the Children’s Court to have the children returned to their primary residence.

During such proceedings, the court will as a way of preserving the best interests of children, make an order to the effect that an investigation be conducted by the Office of the Family Advocate so as to provide the court with the recommendations on the best interests of the children given the prevailing circumstances.

29 June 2021 - NW1076

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Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

(a)(i) What is the precise nature of the contractual dispute between his Department of Justice and Lexis Nexis to which the Deputy Director-General of his Department of Justice referred to on 12 March 2021 when he informed the department of the unavailability of the online Lexis Nexis publications and (ii) by what date is it expected to be resolved, (b) what contingencies are in place to assist them until the matter is resolved and (c) how are court officials particularly expected to function fully without such access?

Reply:

a) (i) The dispute between LexisNexis and the Department is with regard to the interpretation of clause 12.19 of RFB 2019 03 which requires the service provider to provide a shared one license accessible from all domains (DOJ&CD, OCJ, Constitutional Court, Legal Aid SA, NPA, The Public Protector and the Special Investigating Unit) for online (internet) services.

LexisNexis interpreted clause 12.19 of the bid to require a shared license from all domains which in their view is different from a concurrent user access which is attached to a domain.

The Department’s interpretation is that clause 12.19 of the bid required a shared one license accessible from all domains for online (internet) services which was clearly explained during the briefing session (question and answer session) to mean a concurrent user access attached to a domain. These questions and answers were provided by the Department in writing to all the bidders including LexisNexis.

(ii) The Department engaged with LexisNexis on the 12 March 2021 and urged them to restore the services and the services were restored on the same date.

b) The services were restored with immediate effect and there was no need for any contingencies.

c) The services were restored with immediate effect and officials have access.

29 June 2021 - NW1638

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Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

What total number of cases emanating from the Truth and Reconciliation Commission (a) does the National Prosecuting Authority intend to refer and/or (b) has it already referred to the Directorate for Priority Crime Investigation (DPCI); (2) which criteria are used to determine what cases are ultimately referred to the DPCI; (3) whether he will make a statement on the matter?

Reply:

  1. As at 25 May 2021, 55 TRC cases have been referred to the DPP Offices in the jurisdictions where the crimes were committed. These cases are all being investigated by the DPCI. A further 59 cases have been identified as warranting investigation, which will be referred to the regions once there is the necessary capacity in the NPA / DPP Offices.
  2. Cases are referred to the DPCI either because of the public interest which they attract or due to requests being made by relatives of the victims or other interested parties. The cases are referred merely upon request and are not subject to any pre-evaluation process.
  3. Yes, I will make a statement.

29 June 2021 - NW1644

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Msimang, Prof CT to ask the Minister of Justice and Correctional Services

Given current successes on the implementation of virtual courts and the opportunities offered by technological advancements in enhancing access to justice through a hybrid system of courts involving physical and virtual courts, what support does the Government intend to offer the judiciary, within the lawful bounds of the separation of powers, in enhancing its modernisation to cater for virtual courts in a post-pandemic era?

Reply:

The Department is in a process of finalising technical integration designs and procuring a court audio visual solution that will be used for court participant’s interviews and testimony in cases where direct contact is not feasible or very expensive, as well as in cases where expert witnesses are required in court. This will also allow victims and witnesses to easily get in touch and communicate with the CJS practitioners that are responsible for their case. This includes Interpreters, Witnesses, SAPS & DHA Laboratory Experts, Sexual Offence Facilitation and External Experts. This is initially related to virtual court appearances integrating to court recording solution for the court record, however it will be expanded to cater for virtual courts eliminating the physical appearance of all parties in courts and the adjudication of the case online.

The current Annual Performance Plan target for the Court Audio Visual Solution is the implementation of 45 identified sites for the current financial year.

a) As part of the digital transformation of courts and court processes, the Office of the Chief Justice (OCJ) in the spirit of the modernization approach has leveraged digital and virtual opportunities to ensure efficiency and continuity in court services and led by the Judiciary is in the process of developing and implementing Court Online, an advanced cloud-based collaboration solution aimed at providing a platform for the filing of court documents electronically (E-Filing) over the Internet from anywhere. Court Online is an E-Filing, Digital Case Management and Evidence Management system for the High Courts of South Africa. It provides Law Practitioners with the opportunity to file documentation electronically online anywhere and anytime without being physically present at court. It also affords Law Practitioners the ease of managing their court appearance diaries and court evidence instantaneously online.

Within the court room and chambers, Judges shall make use of the Court Online system to adjudicate disputes electronically. Office of the Chief Justice has partially implemented the Court Online system in the Gauteng Division of the High Court. Case-Lines as a stand-alone solution for evidence management was successfully piloted in these courts. The aim is to roll-out this electronic platform to other service centres during the Medium Term Strategic Framework (MTSF) period.

b) Provision for virtual hearings have further been made in the Directives issued by the Heads of Court/Judges President in line with the Superior Courts Act, 2013.

c) The Draft Court Online (E-Filing) Court Rules, drafted by the Judiciary and supported by the Office of the Chief Justice, are currently before the Rules Board. These rules will institutionalize Court Online (E-Filing) and are a major step in the digital transformation of courts and court processes.

d) The Office of the Chief Justice has further provided Judges and officials with ICT solutions to enable the courts to operate virtually. Amongst others, these measures included the provision of enhanced end user equipment, increased bandwidth for internet as well as increased data access.

e) Licenses have been provided for modern enterprise video communications/video conferencing platforms such as MS Teams or Zoom, along with concomitant storage space for the recording of proceedings, to enable virtual hearings to be conducted at the Superior Courts.

f) To improve network access, Wi-Fi was expanded at all Superior Courts.

g) All Constitutional Court hearings are currently livestreamed on the Judiciary YouTube channels.

h) In order to assist with readiness for digital transformation and improved service delivery, the Office of the Chief Justice is implementing the ICT Infrastructure Refresh Project, which would focus on the replacement of old hardware infrastructure. It is further supported by the recently installed Uninterrupted Power Supply (UPS) systems which ensures continuous availability of ICT systems and virtual platforms during power interruptions.

29 June 2021 - NW1748

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Msane, Ms TP to ask the Minister of Justice and Correctional Services

In light of the fact that many Magistrates Courts in the Republic postpone cases due to the lack of interpretation services, which is a disadvantage to many South Africans, especially black persons, what (a) total number of cases are postponed daily in the courts due to the lack of interpretation services and (b) are the reasons that his department is not hiring interpreters?

Reply:

a) As part of monitoring of administrative support to the courts the Department of Justice and Constitutional Development (DoJ&CD) has included a Key performance indicator on the Annual Performance Plan which is monitored monthly. The Department has set a target that in less than 0.3 % in criminal cases the main cause of postponement of the case should relate to the unavailability of court administrative officials essential to a court sitting relating to Indigenous language as well as Foreign language interpreters as well as court recording system operators.

The performance in relation to this indicator for the period 1 April - 30 April 2021 is a National average of 0.14% against the 0.3% target.

See breakdown into regions and District and regional courts as per table below:

b) The Department is appointing interpreters as and when positions become vacant. The Regional Heads have delegations to advertise and fill the vacancies where required. Currently, the Department has a vacancy rate of 7.7%. The table below depicts the number of positions on the establishment, number of posts filled as well as the number of vacant positions:

Job Title

Filled Posts

Vacant Posts

Total Posts

Vacancy Rate

Court Interpreter

1 262

88

1 350

6.5

Senior Court Interpreter

396

49

445

11.0

Court Interpreter Principal

63

8

71

11.3

Assistant Director: Court Interpreting

32

1

33

3.0

Deputy Director: Court Interpreting

6

1

7

14.3

TOTAL

1 759

147

1 906

7.7

In relation to Foreign Language Interpreters and Sign Language Interpreters, they are sourced from the database as and when they are required, paid a daily allowance for appearance in court.

24 June 2021 - NW1348

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Selfe, Mr J to ask the Minister of Justice and Correctional Services

(1)Whether (aa) certain person (details furnished) and (bb) certain person (details furnished) who were sentenced to 25 years plus 15 years for murder and robbery with aggravating circumstances in Kroonstad in 2003 were recently paroled; if not, what is the position in this regard; if so, (a) on what date, (b) what factors were taken into account when deciding to release them on parole and (c) what are the conditions on which they were released; (2) whether either of them has subsequently appeared in court in connection with committing an offence; if not, what is the position in this regard; if so, (a) on what date, (b) at which location, (c) what offence(s) are they charged with and (d) have they been granted

Reply:

(1)(aa) Yes, the mentioned offender was placed on parole.

(1)(aa)(a) He was placed on parole on 1 November.2019 to 24 April 2040.

(1)(aa)(b) He was placed on parole after completion of 1/3 of his sentence. The offender benefited from the Phaahla judgment since he was sentenced after 1 October 2004 for offences committed in June 2003. This meant that he qualified to be considered for parole after serving a 1/3 instead of ½ of his sentence as this was the parole policy applicable at the time of commission of the offences. He was considered for placement after attending relevant programmes. The placement on parole was subject to placement conditions until expiry of his sentence. The CSPB further considered amongst others the following factors:

  • the completion of the legislatively required minimum detention period;
  • proof of a monitorable and appropriate support system;
  • positive report on conduct and behaviour (including relevant interventions and programmes where applicable);
  • proof that rehabilitation/ development took place;
  • risk posed to the community/ victim; and
    • acceptance of the conditions for placement by the offender.

(1)(aa)(c) The Offender was inter alia subjected to the following parole conditions in line with section 52 of Correctional Services Act, 1998 (Act 111of 1998):

  • house detention;
  • does community service;
  • seeks employment;
  • where possible takes up and remains in employment;
  • restricted to one magisterial district;
  • lives at a fixed address;
  • refrains from using alcohol or illegal drugs;
  • refrains from committing a criminal offence;
  • is subject to monitoring;

(1)(bb) Yes, the mentioned offender was placed on parole.

(1)(bb)(a) He was placed on parole on 20 September.2019 to 24 April.2040.

(1)(bb)(b) He was placed on parole by the CSPB after completion of 1/3 of his sentence. The offender benefited from the Phaahla judgment since he was sentenced after 1 October 2004 for offences committed in June 2003. This meant that he qualified for consideration after serving a 1/3 instead of ½ of his sentence as this was the parole policy applicable at the time of commission of the offences. He was considered by the CSPB after attending relevant programmes and was placed on parole subject to placement conditions which he had to comply with until expiry of his sentence. The CSPB further considered the following factors, among others:

  • the completion of the legislatively required minimum detention period;
  • proof of a monitorable and appropriate support system;
  • positive report on conduct and behaviour (including relevant interventions and programmes where applicable);
  • proof that rehabilitation/ development took place;
  • risk posed to the community/ victim; and
  • acceptance of the conditions for placement.

(1)(bb)(c) The offender was among others subjected to the following parole conditions in line with section 52 of Correctional Services Act, 1998 (Act 111of 1998):

  • house detention;
  • does community service;
  • seeks employment;
  • where possible takes up and remains in employment;
  • is restricted to one magisterial district;
  • lives at a fixed address;
  • refrains from using alcohol or illegal drugs;
  • refrains from committing a criminal offence;
  • is subject to monitoring;

(2) Yes,

(2)(a) The offender mentioned in part (aa) appeared in court on 12 May 2021.

(2)(b) He appeared at the Frankfort District Court.

(2)(c) He is alleged to have committed robbery with aggravating circumstances.

(2)(d) Bail has not been fixed.

 

END.

24 June 2021 - NW1427

Profile picture: Graham, Ms SJ

Graham, Ms SJ to ask the Minister of Justice and Correctional Services

(1)Whether his department has embarked on a learnership programme for the 2021-22 financial year; if not, will his department hold the learnership programme in abeyance until all existing trainees have been absorbed; if so, (a) what number of learners are enrolled and (b) what steps will be taken to ensure that these learners are absorbed into his department when they qualify, (2) whether the unsuccessful candidates who are not going to be absorbed will be advised personally; if not, why not; if so, what are the relevant details; (3) whether the unsuccessful candidates will be removed from the persal system so that they can pursue alternative employment; if not, why not; if so, by what date will they be removed?

Reply:

(1) No, the Department of Correctional Services has not yet embarked on the 2021/22 Learnership Programme. The enrolment will be determined by the human resource needs and the availability of funds. The absorption of learners who have completed their learnership is not a determining factor for the enrolment of the next group of learners on the programme. The aim of the programme is to provide training and skills development opportunities to the youth preparing them for the labour market.

(1)(a) None

(1)(b) Not applicable

(2) No, the learnership programme is a 12 month development programme and not an employment contract, in the case of group 1 of 2019/20 the contract was extended as the programme was suspended for two months during the lockdown levels 5 and 4. The programme came to an end on 31 December 2020.

(3) Yes, their contract appointment on the PERSAL system is created in such a way that, when the contract end date is reached, the learner is automatically removed from the PERSAL system enabling them to pursue alternative employment.

END

24 June 2021 - NW1740

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

What (a) total amount does it cost his department to keep prisoners incarcerated in each month and (b) items cost his department the most in terms of the daily running of prisons and correctional centres, apart from paying staff?

Reply:

a) The average per capita costs per month incurred by the Department during the 2020/21 financial year (unaudited figures) are as follows:

The average per capita costs projected to be spent by the Department for the 2021/22 financial year to keep inmates incarcerated monthly including and excluding CoE are as follows:

The following should be noted on the calculations of the average monthly per capita expenditure of inmates:

  • For both financial years the total number of offenders in the two Public Private Partnerships (PPP) correctional centres are 5 952. The PPP expenditure is excluded on calculations and the average monthly per capita of offenders in PPP correctional centres is indicated separately. It should be noted that the PPP Index Fee includes Compensation of Employees appointed in the two PPP correctional centres.
  • The expenditure incurred under Programme 5: Community Corrections are excluded as the whole programme deals with Parolees, Probationers, and Awaiting Trial Persons who are not incarcerated.
  • The average monthly per capita expenditure is also shown excluding Programme 1: Administration and Sub Programme Facilities under Programme 2: Incarceration. Programme 1: Administration deals with the administration and management of the whole department including PPP correctional centres and Community Corrections population. Sub Programme Facilities deals with maintenance, upgrade, and construction of correctional centres, municipal services and accommodation for state-owned buildings.
  • The most accurate average monthly per capita total cost incurred in 2020/21 financial year would be R10 890.52 including CoE and R2 946.91 excluding CoE.

b) The items from the operational budget that cost the Department most (using the threshold of R200 million per annum) apart from Compensation of Employees are as follows:

  • Property Payments item is for the payment of electricity, water and sanitation services to the various municipalities and the Department of Public Works and Infrastructure (DPWI) where relevant;
  • Agency and Support/outsourced Services item is used for the payments to the two PPP correctional centres;
  • Operating Leases item is for expenditure incurred for the accommodation charges for state buildings paid to the DPWI and the private leases for various offices;
  • Inventory: Food and Food Supplies is for the expenditure of food for inmates;
  • Fleet Services is for the payment of all running costs of government vehicles including repairs and maintenance;
  • Consumable Supplies item is for cleaning material, stationery and printing supplies, building material and supplies and IT consumables;
  • Inventory Farming Supplies is for the animal feed, farming and gardening supplements, fertilisers, and seedlings.

Expenditure Items above R200 million for 2021/22 Financial Year Projected Expenditure are as follows:

END

11 June 2021 - NW1428

Profile picture: Graham, Ms SJ

Graham, Ms SJ to ask the Minister of Justice and Correctional Services

(1)Whether his department has embarked on a learnership programme for the 2021-22 financial year; if not, will his department hold the learnership programme in abeyance until all existing trainees have been absorbed; if so, (a) what number of learners are enrolled and (b) what steps will be taken to ensure that these learners are absorbed into his department when they qualify, (2) whether the unsuccessful candidates who are not going to be absorbed will be advised personally; if not, why not; if so, what are the relevant details; (3) whether the unsuccessful candidates will be removed from the persal system so that they can pursue alternative employment; if not, why not; if so, by what date will they be removed?

Reply:

1. No, the Department of Correctional Services has not yet embarked on the 2021/22 Learnership Programme. The enrolment will be determined by the human resource needs and the availability of funds. The absorption of learners who have completed their learnership is not a determining factor for the enrolment of the next group of learners on the programme. The aim of the programme is to provide training and skills development opportunities to the youth preparing them for the labour market.

(1)(a) None

(1)(b) Not applicable

2. No, the learnership programme is a 12 month development programme and not an employment contract, in the case of group 1 of 2019/20 the contract was extended as the programme was suspended for two months during the lockdown levels 5 and 4. The programme came to an end on 31 December 2020.

3. Yes, their contract appointment on the PERSAL system is created in such a way that, when the contract end date is reached, the learner is automatically removed from the PERSAL system enabling them to pursue alternative employment.

END

11 June 2021 - NW1146

Profile picture: Selfe, Mr J

Selfe, Mr J to ask the Minister of Justice and Correctional Services

Whether, with reference to his reply to question 421 on 1 April 2021, every regulation issued in terms of section 134 of the Correctional Services Act, Act 111 of 1998, has been referred to the relevant Parliamentary committees overseeing his department, as is required by subsection 134(5), since the inception of the specified Act; if not, (a) which regulation(s) has or have not been referred to the relevant Parliamentary committees and (b) what are the reasons that each specified regulation was not referred to the relevant Parliamentary committee; if so, what are the relevant details in each case?

Reply:

Yes, every regulation issued in terms of section 134 of the Correctional Services Act, Act 111 of 1998 as amended was referred to the relevant parliamentary committees as required by section 134(5). The 2004 regulations (promulgated in government gazette 26626 dated 30 July 2004) and 2012 regulations (promulgated in government gazette (35277 dated 25 April 2012) are the only regulations issued and there have been no amendments since 2012.

(a) Not applicable.

(b) Not applicable.

END.

11 June 2021 - NW1478

Profile picture: Sarupen, Mr AN

Sarupen, Mr AN to ask the Minister of Justice and Correctional Services

Whether his department has concluded any work exchange and/or employment agreements with any entity of the Republic of Cuba from the 2010-11 financial year up to the 2020-21 financial year; if not, what is the position in this regard; if so, what (a) total number of Cuban nationals (i) have been employed in each of the specified financial years and/or (ii) are due to be employed in the 2021-23 Medium-Term Expenditure Framework period, (b) are the details of the work that each of the specified Cuban nationals was and/or will be employed to perform, (c) are the details of the specific skills sets that each of the specified Cuban nationals possessed and/or will possess that South African nationals did or will not possess and (d) are the details of the total cost of employing each of the specified Cuban nationals in each case; (2) whether his department took any steps to ensure that the specific skills set of the specified Cuban nationals were and/or will not be available in the Republic amongst South African citizens; if not, in each case, why not; if so, what are the relevant details of the (a) steps taken and (b) outcomes of the steps taken in this regard?

Reply:

1. The Department of Justice and Constitutional Development (DoJ&CD) has never concluded any agreement with the Republic of Cuba or any entity in Cuba for work exchange and/or employment during the period from the 2010-11 financial year up to the 2020-21 financial year.

The DoJ&CD is currently negotiating an Extradition and Mutual Legal Assistance agreements with Cuba. These agreements have not yet entered into force and are not linked to any work exchange programme and/or employment between the two countries.

The position is that the DoJ&CD does not currently have any plans to conclude work exchange programme and/or employment with any entity of the Republic of Cuba.

Neither the Department of Correctional Services concluded any work exchange or employment agreements with any entity of the Republic of Cuba since 2010/11 financial year up to 2020/ 21 financial year.

(a) Not applicable

(i) Not applicable

(ii) Not applicable

(b) Not applicable

(c) Not applicable

(d) Not applicable

2. Not applicable

(a) Not applicable

(b) Not applicable

END.

11 June 2021 - NW1200

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

(1)Whether, in light of the popular Netflix documentary series titled Inside the World’s Toughest Prisons, whose Season 5 featured a hard look inside the Brandvlei Correctional Centre in the Western Cape that is home to the notorious number gangs, he has been informed of the show as it portrays to the world a daily account of the lives of the inmates at the prison; if not, what is the position in this regard; if so, (2) whether his department has done anything to address the challenges that the wardens are faced with at this particular centre and others like it; if not, why not; if so, what are the further relevant details?

Reply:

1. Permission to access to Correctional Centres is permitted under section 99 of the Correctional Services Act, 111 of 1998. This section must be read together with Section 123 which relates to prohibited publication. The Department has a gang combating strategy in place to deal with gangsterism in our facilities.

In the case of the mentioned documentary, permission was granted during 2019 for filming of the documentary at the Brandvlei Correctional Centre, filming then commenced in January 2020.

2. Yes, It is also common practice for the Department to provide qualified Employee Assistance Practitioners (EAP) to officials. Group awareness and therapy programmes are regularly presented to correctional officials. Individual consultations are also arranged for officials who are either referred to the EAP for debriefing or through voluntary personal requests. In the event that further assistance and intervention is required, the cases are referred to external practitioners.

END.

01 April 2021 - NW421

Profile picture: Selfe, Mr J

Selfe, Mr J to ask the Minister of Justice and Correctional Services

Whether every regulation issued, since 30 May 2019, in terms of section 134 of the Correctional Services Act, Act 111 of 1998, has been referred to the relevant Parliamentary committees overseeing his department, as is required by subsection 134(5); if not, why not; if so, what are the relevant details?

Reply:

No, the Department has not referred any regulations as none have been drafted nor published since 30 May 2019 to date.

END

01 April 2021 - NW424

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Yako, Ms Y to ask the Minister of Justice and Correctional Services

What total number of prisoners has he had to release prematurely during the COVID-19 pandemic in order to manage the numbers at correctional centres?Nw477E

Reply:

Out of the 19 000 estimated Low Risk Sentenced offenders who have or will reach their minimum detention periods within a period of sixty (60) months from 27 April 2020, a total of 13 765 (12 980 males and 785 females) have been placed in the system of Community Corrections to continue serving their sentences were released as at the 19 February 2021, in managing overcrowding and mitigating the spread of COVID-19 virus in Correctional Centres. Other offenders who were initially eligible for the dispensation were discovered to have further charges and as such they no longer qualify. This process is still continuing as some of those who qualify are required to attend rehabilitation programmes.

END

26 March 2021 - NW392

Profile picture: Nxumalo, Mr MN

Nxumalo, Mr MN to ask the Minister of Justice and Correctional Services

(1)Whether, in light of the fact that inmates at Mangaung in Bloemfontein and Leeuwkop maximum-security prisons have called on the Judicial Inspectorate for Correctional Services (JICS) to exercise stronger oversight over warders, who have been accused of acting with impunity in their maltreatment of prisoners, as incarcerated persons should not be completely stripped of their rights and their safety must be of paramount concern while serving their sentences, his department has been actively involved in addressing concerns of prisoners and the JICS during the pandemic; if not, why not; if so, what are the details of the steps taken by his department in this regard besides the granting of early parole for non-violent offenders as was the case late last year; (2) Whether his department has been in communication with the Department of Health and those responsible for the vaccine roll-out regarding the vaccination of prisoners as overcrowding is the state of affairs across the Republic, which poses a serious health risk for both staff of the Correctional Services and inmates; if not, why not; if so, what are the relevant details?

Reply:

1. The Department is not aware of officials who have been accused of acting with impunity in their maltreatment of inmates at Mangaung as well at Leeuwkop Correctional Centres. The offenders at Mangaung have access to JICS officials or platform to raise complaints and requests, including cases of assaults by officials. Departmental officials are employed to manage compliance with the Contract between Department of Correctional Services (DCS) and G4S Company.

The allegations in respect to Leeuwkop Maximum, this may have arisen from an incident where the DCS National Task Team conducted a search operation on 01 December 2020. All complaints emanating from this search operation were handled by the Head of Centre and the Independent Correctional Centre Visitor (ICCV) in line with the Complaints and Request Procedure of the DCS. The affected offenders were referred for medical examination and the South African Police Service (SAPS) were called for those who chose to lay criminal charges. The matter was also investigated by JICS.

(2) Yes, the Department has been in communication with the Department of Health and offenders are prioritised under phase 02 as Communicated by the President.

The following are other activities regarding vaccination rollout in Correctional Facilities:

  • Training of DCS nurses that commenced from the 15 - 27 Jan 2021 by the National Department of Health was conducted;
  • Vaccination fridges for the storage of vaccines and carriers for vaccine from the Pharmacy to the vaccine site are in the process of being procured.
  • A list of consumable items was finalised and the pharmacy is in the process of procuring items that are not in stock; and
  • Emergency medical services are available for management of emergency response.

END

26 March 2021 - NW676

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Hinana, Mr N to ask the Minister of Justice and Correctional Services

Whether (a) his department and/or (b) any entity reporting to him makes use of private security firms; if not, what is the position in this regard; if so, in each case, what is the (i) name of each firm, (ii) purpose, (iii) value and (iv) duration of each specified contract?

Reply:

(a) and (b) Yes, the Department of Justice and Constitutional Development (DoJ&CD), Office of the Chief Justice (OCJ) as well as the National Prosecuting Authority (NPA), Special Investigating Unit (SIU) and Legal Aid South Africa make use of private security firms.  The tables below provide details of the security firms per Department and entity reporting to me:

 

1. Department of Justice and Constitutional Development, OCJ and NPA:

MARCH 2021 TO DATE

 

(i) Name of Security Firms

(ii) Purpose

(iii) Contract value

Duration of specific contract

Start date

End date

1. Mabotwane Security Services

Security guarding and special services in various offices (DoJ&CD, NPA, OCJ) Gauteng and Western Cape provinces

  • R118 477 375.20

(Gauteng)

  • R86 775 743.04

(Western Cape)

01 March 2021

28 February 2022

2. Fidelity Security Services

Security guarding and special services in various offices (DoJ&CD, NPA, OCJ) Kwa-Zulu Natal and Eastern Cape provinces

  • R125 937 824.81

(Kwa-Zulu Natal)

  • R140 116 955.68

(Eastern Cape)

01 March 2021

28 February 2022

3. PhepheMV

Security guarding and special services in various offices (DoJ&CD, NPA, OCJ) Limpopo and North West

  • R51 288 890.20

(Limpopo)

  • R31 100 672.02

(North West)

01 March 2021

28 February 2022

4. Vhugi Protection Services

Security guarding and special services in various offices (DoJ&CD, NPA, OCJ)  Mpumalanga province and National Offices

  • R55 987 986.64

(Mpumalanga)

  • R21 757 528.15

(National Offices)

  • 10 March 2021
  • 10 March 2021
  • 28 February 2022
  • 28 February 2022

5. Zacks Business Enterprise

Security guarding and special services in various offices (DoJ&CD, NPA, OCJ) Free State and Northern Cape provinces

  • R42 028 800.00

(Northern Cape)

  • R76 114 608.48

(Free State)

  • 10 March 2021
  • 11 March 2021
  • 28 February 2022
  • 28 February 2022

 

 

2. Legal Aid South Africa

Legal Aid SA has 118 contracts relating to security services with private security services providers for 118 of 129 of its offices. Security services of the remaining 11 offices are provided by respective landlords. The offices are made up of 64 local offices, 64 satellite offices and National office. The majority (115) of contracts are for alarm monitoring and armed responses and three (3) are for physical guarding of fixed properties and immovables at the National office and two (2) of its local offices. The total value of the contracts is R5 898 807, 38 with the average durations of 36 months. The table below provides a summary of the security contracts.

Profile of Legal Aid SA security contracts profile

 

 

Region

Physical

Alarm monitoring

Total

Average duration of the contract

Number of contracts

Total value of the contracts (Rands)

Number of contracts

Total value of the contracts (Rands)

Number of contracts

Total value of the contracts (Rands)

National Office

1

      3 737 009,50

0

                     -  

1

      3 737 009,50

36 months

KZN

0

                         -  

21

     295 898,99

21

         295 898,99

36 months

Limpopo

0

                         -  

25

     454 297,82

25

         454 297,82

36 months

WCNC

0

                         -  

21

     232 322,38

21

         232 322,38

36 months

Gauteng

2

         407 870,87

13

     249 924,41

15

         657 795,28

36 months

EC

0

                         -  

17

     256 191,17

17

         256 191,17

36 months

FS

0

                         -  

18

     265 292,24

18

         265 292,24

36 months

Total

3

4 144 880,37

115

1 753 927,01

118

5 898 807,38

 

                 

 

A detailed spreadsheet with the name of each firm, purpose, value and duration of each contract is attached as Annexure A.

 

3. Special Investigating Unit

 

Region

Description

Appointed Service Provider

Value

Duration

 

Start Date

End Date

1. Durban Office

Security Guards Services at SIU Durban Office for a period of 10 Months

Stallion Security (Pty) Ltd

R396,858.53

1 June 2020

30 May 2021

2. Nelspruit Office

Security guard Services for Nelspruit Office for a period of 12 months

Fidelity Security Group (Pty)Ltd

R342,233.40

1 August 2020

31 Jul 2021

3. Bloemfontein Office

Appointment of security guard services for Bloemfontein office and for a period of 10 months

Fidelity Security Group (Pty)Ltd

R287,500.00

3 August 2020

2 May 2021

4. Mahikeng Office

Appointment of service provider to render security guard services for Mahikeng office

Mminatlou Security and Projects

R466,273.08

1 September 2020

31 August 2021

5. Mthatha Office

Appointment of service provider to render security services for Mthatha office

Tyeks Security Services (Pty)Ltd

R408,910.22

8 October 2020

7 October 2021

6. Pretoria Office

Appointment of service provider to render security guard services for Pretoria office for a 12 months period

Lenong Security Services cc

R315,608.16

1 January 2021

31 December 2021

7. Polokwane Office

Appointment of service provider to render security guard services for Polokwane office for a 12 months period

Eager Beaver Projects(Pty)Ltd

R238,146.00

01 November 2020

31 October 2021

8. East London

Provision of Grade C Security Guards (Unarmed) for the SIU East London Office for a period of Ten (10) months.

Xhobani Cleaning and Security Services

 R497 927.00

01 February 2021

30 November 2021

9. Bloemfontein Office

Provision of armed close protectors for SIU employee on very high risk investigation, after SAPS security assessment recommendation

Arcangel Group

R277,828.50

29 January 2021

28 April 2021

 

4. Information Regulator

The Information Regulator does not use private security firms. Security services of the work premises are provided by the Landlord.

24 March 2021 - NW513

Profile picture: Marais, Mr EJ

Marais, Mr EJ to ask the Minister of Justice and Correctional Services

Whether any staff member in his department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the past five financial years and (b) has been performing such work during the period 1 April 2014 up to the latest specified date for which information is available; if not, in each case, how is it determined whether such work is being performed or not; if so, in each case, (i) what number of staff members and (ii) in what job or work categories are the specified staff members employed; (2) whether approval for such work was obtained in each case; if not, what is the position in this regard; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) what number of contraventions of this policy were brought to the attention of the National Treasury in the past five financial years and (d) what steps have been taken against the transgressors?

Reply:

1. The Department of Justice and Constitutional Development has reported as follows:

a) In the past five financial years, since 2016, a total number of 180 employees requested permission to perform remunerative work outside the public service or normal working hours, in terms of the Directive regulated by the Public Service Regulations of 2016. However, it should be noted that some of these employees applied for an approval more than once as the approval is only valid for a period of a year from the date of approval.

b) The table below provides a summary according to job title or work category for 2016/17 to 2020/21 financial years:

Item No.

Total number of applications received from officials requesting permission to perform work outside normal working hours

(ii) Total number of officials permitted to perform work outside normal working hours

 

(i) Job titles or Work Categories

Number of Approved Applications

Number of Disapproved Applications

 
1. 

Accounting Clerks

5

0

5

2. 

Administrative Clerks

57

0

57

3. 

Administration Heads (level 9)

1

0

1

4. 

Administrative Officers

11

0

11

5. 

Assistant Directors

14

0

14

6. 

Assistant Financial Operations Managers

3

0

3

7. 

Assistant Master

2

0

2

8. 

Assistant State Attorney

0

1

1

9. 

Audit Manager

1

0

1

10. 

Chief Accounting Clerk

1

0

1

11. 

Chief Administrative Clerks

4

0

4

12. 

Court Intermediaries

4

1

4

13.

Court Interpreters

6

0

6

14. 

Court Managers

7

2

7

15.

Deputy Directors

12

0

12

16.

Deputy Master

1

0

1

17.

Directors

4

0

4

18.

E-Scheduler Clerk

1

0

1

19.

Family Advocate

1

0

1

20.

Human Resource Practitioner

1

0

1

21.

Internal Auditors

3

0

3

22.

Legal Administration Officers

2

0

2

23.

Maintenance Investigators

2

0

2

24.

Maintenance Officers

2

0

2

25.

Master: Supreme Court

2

0

2

26.

Messenger

1

0

1

27.

Principal Legal Administration Officer

1

0

1

28.

Provisioning Admin Clerks

2

0

2

29.

Registrar

1

0

1

30.

Registry Clerks

2

0

2

31.

Secretaries

2

0

2

32.

Senior Secretaries

2

1

2

33.

Senior Assistant State Attorneys

2

0

2

34.

Senior Communication Officer

1

0

1

35.

Senior Court Interpreters

2

0

2

36.

Senior Human Resource Officer

1

0

1

37.

Senior Legal Admin Officer

1

0

1

38.

Senior Training Officer

1

0

1

39.

Social Workers

2

0

2

40.

State Accountants

3

0

3

41.

State Law Advisors

2

0

2

42.

Vetting Administrator

1

0

1

GRAND TOTAL

174

6

174

2. As indicated in the table above, 174 of the application requests were approved and only six (6) were disapproved.

a) The Department is guided by the Directive on other remunerative work outside the public service issued by the Department of Public Service and Administration, together with the relevant legislation that include Public Service Act and Public Service Regulations. This directive is implementing section 30 of the Public Service Act (Act No. R103 of 1994). The Department may take appropriate disciplinary action in instances where contravention of the policy is established.

b) Applications are considered and approved or disapproved by the Deputy Director-General: Corporate Services in terms of the Departmental Delegations.

c) The Labour Relations Unit in the Department has confirmed that there was no disciplinary processes taken against any employee who contravened with the Directive on performing other remunerative work outside the public service without permission in the past five (5) years. And lastly, the Directive does not require the Head of Department to report to National Treasury on misconduct in relation to performing other remunerative work outside the public service. The Department reports statistical information to the Department of Public Service and Administration and Public Service Commission, as the normal process on reporting in terms of the relevant prescripts – in this instance, disciplinary matters by Director: Employee Relations.

10 March 2021 - NW55

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Ndlozi, Dr MQ to ask the Minister of Justice and Correctional Services

What has been the proportion of the expenditure of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, on black legal counsel, especially Africans, compared to white legal counsel, since the specified Commission was instituted?

Reply:

1. The proportion of expenditure incurred for black legal counsel is 59% as compared to white legal counsel of 41% since the Commission was instituted in March 2018. The proportion of the expenditure is tabulated below:

Race

Percentage (%)

White

41%

Black

59%

Total

100%

2. The proportion of expenditure incurred in respect of black legal counsel is further broken down into African and other as follows:

Race

Percentage (%)

African

46%

Other

13%

Total

59%

3. The proportion of expenditure for black legal counsel, specifically for Africans is 46%, compared to white legal counsel of 41% since the Commission was instituted in March 2018.

White

African

41%

46%

15 February 2021 - NW76

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Msimang, Prof CT to ask the Minister of Justice and Correctional Services

In light of the fact that the Thuthuzela project is led by the Sexual Offences and Community Affairs Unit of the National Prosecuting Authority, in partnership with various departments and donors, what is the progress on the five Thuthuzela care centres that were earmarked to be operational by March 2021; (2) in light of the fact that due to the mandatory COVID-19 shutdown, the number of victims that Thuthuzela care centres rendered services to decreased by 36,8% in comparison to 2019-20 quarter one reports, and in the event of a second wave of COVID-19 infections, what (a) measures and/or plans have been put in place to ensure that centres remain operational and the public is informed and/or aware of the operations and (b) are the full details of the (i) estimated budget allocation and (ii) implementation targets?

Reply:

1. The Sexual Offences and Community Affairs (SOCA) Unit of the National Prosecuting Authority (NPA) is currently focusing on the establishment of six (6) Thuthuzela Care Centres (TCCs) sites, instead of five (5). Despite the lockdown regulations that hampered finalisation of the tender process, the process of selecting sites was finalised with stakeholders, and the procurement of park homes (where required) is on schedule. The refurbishment process of the park homes and health facilities was unfortunately also hampered by the lockdown restrictions but is currently on-track. We are working with relevant stakeholders to ensure that these sites become operational by March 2021.

2. TCCs are based at health care facilities so that the TCC services remain accessible to victims. During Alert Level 5 lockdown, everyone was confined due to the Disaster Management Regulations, and the staff was required to work on rotational basis to ensure continued service delivery to victims. The TCCs have been acknowledged as an essential service and to this end, TCCs sites remained open during the period of lockdown.

It is noted that in the first months of lockdown, the number of matters reported decreased, however as the lockdown levels were lifted and public awareness initiatives were implemented by the SOCA Unit during August and September 2020, we specifically noted an increase in the number of matters reported at the TCCs sites during this period. In Quarter 2 of the current financial year, 7 336 matters were reported at TCCs sites, which is a 45.2% increase from Quarter 1 when 5 050 matters were reported.

Various forms of editorial media engagements, including national and local radio and TV stations, webinars, community events and social media platforms are utilised to inform communities regarding related services at the TCCs sites, thus there are no budget implications. The current 55 operational sites are covered in the NPA voted funds.

06 January 2021 - NW2410

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Msimang, Prof CT to ask the Minister of Justice and Correctional Services

(1)Whether, given that a Department of Correctional Services official at St Albans Correctional Centre in the Eastern Cape was caught last week trying to smuggle contraband (narcotics, cell phones and cellular accessories) into the specified facility, the Department of Correctional Services has any mechanisms in place to counteract the common practice whereby prison staff throughout the Republic smuggle packages for inmates in exchange for money; if not, why not; if so, what are the full, relevant details of such mechanisms; (2) What has the Department of Corrections found to be at the core of the specified trend? (3) What total number of cases of this nature involving the practice have been recorded in the past 12 months in each province?

Reply:

(1) In response to these challenges, the Department has reviewed the Vetting policy to include continuous screening and integrity testing of personnel through the implementation of the Voice Stress Analysis.

The Voice Stress Analysis (VSA) is considered as a professional non-invasive investigation system tool used in various risk management processes for emotion detection, personality and risk assessment and investigations. It is also a security investigation tool utilised to gather information in identifying internal fraud, smuggling activities, stop theft of merchandise (Stores), equipment and company funds.

In addition, the Department has a Gang management strategy in place and is currently reviewing the strategy into a Gang Combating Strategy which will be accompanied by implementation plan to counter strategies and new techniques used by the gangs. Amongst the interventions, there is consultation and collaboration with Law Enforcement Agencies under the Justice, Crime Prevention and Security (JCPS) Cluster.

This effective collaboration has shown success in combating gangsterism in our facilities and has yielded positive results in management areas with high numbers of incarcerated gang members such as the St Albans Management Area.

Our Standard Operating Procedures (SOPs) are in place which include conducting searches in correctional facilities. Confiscated Contraband such as sim-cards and cellular phones are handed over to Crime Intelligence for further operationalization. Through this collaborative initiatives, numerous officials were arrested for being linked to gangs. We are also in the process of reviewing DCS Security Protocol through the review of B-Order and enhancing such protocol.

Therefore in addressing the challenge at hand, officials are sensitized to comply with Security policies and procedures by ensuring that proper and regular searches of inmates, officials, visitors and services providers are conducted at Access Control points. For any non-compliance, consequence management must be undertaken and criminal cases opened with the SAPS.

The Department is in a process of implementation of Body Scanners in the identified Correctional Facilities within six (6) Management Areas. The aim of the Scanners in question is a threat detection solution which combines ultra-low radiation with maximum visibility, therefore addressing the challenges of smuggling of contrabands i.e. cell phones and drugs among others. It will detect any hidden metals, weapons and drugs in a body of a person. The scanner will be able to search all body cavities without compromising the privacy of individuals and reduce the time taken to manually search inmates, officials and visitors.

Body Scanners have been installed across big facilities, this include:

  1. Gauteng: (Kgosi Mampuru II, Local CC and Johannesburg Med A and B);
  2. Western Cape: (Pollsmoor Max and access control);
  3. Free State: (Groenpunt Max and access control);
  4. Eastern Cape: (St. Albans Max and Medium A);
  5. KwaZulu-Natal (Durban Med A and B); and
  6. Mpumalanga (Barberton Max).

(2) Non adherence to policies and Standard Operating Procedures

(3) The total number of cases of this nature involving the practice recorded in the past 12 months in each province are as follows:

REGION

TOTAL NUMBER OF CASES

EC

17

LMN

9

KZN

14

GP

121

WC

13

FSNC

7

NATIONAL

181

END

The deployment of the use of VSA will aid as a force multiplier and a deterrent to criminal activities and misconduct by officials and would be perpetrators which will ultimately results in the eradication of contrabands in DCS Correctional Centers. It will further more ensure a security competent workforce and the integrity of the Department and State.

END.

06 January 2021 - NW2459

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Selfe, Mr J to ask the Minister of Justice and Correctional Services

(1)Whether his department entered into a contract for the supply and/or operation of electronic monitoring devices (a) in each of the past five financial years and/or (b) since 01 April 2020; if so, in each case, (i) with which company and/or business entity was each contract concluded, (ii) on what date was each specified contract awarded, (iii) what are the details of the reasons why the specified business entities or companies were the successful bidders for each contract, (iv) what are the details of the other bidders for each contract and (v) what were the terms and conditions of each contract; (2) Whether any of the specified contracts are still in operation; if not, (a) why not and (b) on what date was each contract stopped; if so, what are the relevant details; (3) What total amount and for what services did each successful company and/or business entity receive for each contract?

Reply:

(1)(a) DCS has not entered into any contracts for the supply and/or operation of electronic monitoring devices in the last three (03) Financial Years.

(b) N/A

(2) (a) N/A

(b) N/A

(3) N/A

END.

31 December 2020 - NW600

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Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

(a) On what grounds was a certain person (name furnished) granted parole after only serving four years of an 18-year sentence for 20 charges of racketeering, corruption and money laundering, including the distribution of lethal weapons to gangs in the Western Cape and (b) what are the details of the specified person’s parole conditions?

Reply:

a) The offender in question qualified for remission of sentence which reduced his sentence with 01 year. He then became eligible to be considered for parole as part of the Special Parole Dispensation and his placement on parole was approved by the parole board;

b) The parole conditions such as reporting twice a week at Community Corrections Office are applicable to all. We will continue to monitor his parole conditions accordingly.

It should also be noted that the offender in question is currently under Witness Protection. We are limited by regulations to disclose information on this matter. However, we have been briefed by the Department on this matter and details will be communicated as other cases are enrolled with the justice system.

c) According to Section 299A of the Criminal Procedure Act 51 of 1977 as amended (“the CPA”) provides for the right of complainant to make representations with regard to placement on parole, on day parole, or under correctional supervision in the following cases:

  1. When a court sentences a person to imprisonment for-

(a) murder or any other offence which involves the intentional killing of a person;

(b) rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;

(c) robbery where the wielding of a fire-arm or any other dangerous weapon or the infliction of grievous bodily harm or the robbery of a motor vehicle is involved;

(d) sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;

(e) kidnapping; or

(f) any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (e)

Therefore, the offender’s victims were not approached to participate in the Parole Board’s meeting when he was considered for parole placement as the crimes committed by the offender do not fall within the ambit of the section stated above.

END

31 December 2020 - NW2856

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Msimang, Prof CT to ask the Minister of Justice and Correctional Services

What (a) total number of extradition requests are currently pending and/or under review and (b) are the details of the (i) number of cases, (ii) time it has taken thus far and (iii) progress made for each case under review; (2) what (a) is the total number of extraditions and mutual legal assistance treaties that have been negotiated but not yet signed and/or ratified as at the latest specified date for which information is available and (b) are the details of the progress of the specified treaties and projected timeline of their completion?

Reply:

1. The table below provides details on the number of incoming extradition requests are currently pending and/or under review, as well as the details on the number of cases, time it has taken thus far and progress made for each case under review

(1) (a)

53

(b) (i)

Details of cases

 

Nature of offence

Number of cases

 

Murder

15

 

Attempted Murder

3

 

Culpable homicide

3

 

Assault

3

 

Rape / attempted rape

2

 

Robbery /armed robbery

6

 

Fraud

8

 

Drug related offences

4

 

Hunting without permit

2

 

Money laundering

5

 

Corruption

3

 

Terrorist activities

1

 

Assault

1

 

Theft

17

 

Housebreaking

1

 

Escape from lawful custody

1

 

Sexual exploiting/neglect of children

2

 

War crimes

1

 

Total

74

N.B. Seven (7) countries reported more than one (1) criminal case per extradition request, which explains the total number of 74 cases versus the total number of 53 extradition requests.

(b) (ii)

Cases received from 2012 to 2017

29

 

Cases received from 2018 to date

24

 

Total

53

(iii)

Progress on cases

 

Interpol

5

 

Section 5 notifications served/submitted to Minister

15

 

Extraditions to be served after sentence

2

 

Requests incomplete and returned

9

 

Cases before court

7

 

Outgoing requests sent but no response received

15

 

Total

53

 

2. The total number of extraditions and mutual legal assistance treaties that have been negotiated but not yet signed and/or ratified as at the latest specified date for which information is available and (b) are the details of the progress of the specified treaties and projected timeline of their completion?

(a)

Treaties negotiated but not yet signed

9

(b)

Country

Progress

Projected Timeline

 

CUBA

(Extradition and MLA)

Await comments from the Cuban authorities

Possible entry into force during the fourth quarter of 2021

 

BELARUS

(Extradition and MLA)

Presidential Minute for signing issued Belarus to indicate whether they are ready to sign

Possible entry into force during the third quarter of 2021

 

VIET NAM

(Extradition and MLA)

Minor amendments to be effected on request of Viet Nam

Possible entry into force during the fourth quarter of 2021

 

PAKISTAN

(Extradition)

Treaty negotiated during 2014

Pakistan yet to confirm that they will provide death penalty undertakings

 

ETHIOPIA

(Extradition and MLA)

Treaty negotiated during 2015

Ethiopia still to accept South Africa’s proposal regarding terrorism

 

UNITED KINGDOM

(MLA)

Presidential Minute already issued UK to indicate whether they are ready to sign

Possible entry into force during the third quarter of 2021

 

MOZAMBIQUE

(Extradition)

Treaty negotiated during 2017 OCSLA (DIRCO) requested certain amendments to comply with Article 19 of the SADC Protocol on Extradition

Possible entry into force during the fourth quarter of 2021

 

BRAZIL

(MLA)

A new Presidential Minute requested Brazilian Ambassador in Pretoria has been authorized to sign on behalf of the Brazilian Government

Possible entry into force during the third quarter of 2021

 

BOTSWANA

(Extradition and MLA)

South Africa is ready to sign await

Botswana’s approval to sign

During February 2020, the office of the Director of Public Prosecutions indicated that they are still waiting for Cabinet to approve that the Amendment Treaty be signed.

END

31 December 2020 - NW2468

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Graham, Ms SJ to ask the Minister of Justice and Correctional Services

Whether, with reference to the Humansdorp Magistrates Court which has been scheduled for an upgrade since 2006 and for which the plans were signed off in 2007 but where there has been no progress to date, a new set of plans has been adopted; if not, what is the position in this regard; if so, what is the proposed date for commencement of the upgrade; (2) What immediate actions are being taken to address the huge security problems following the promises made last year of a fence around the precinct and access control at the entrance; (3) what actions are being taken to improve the (a) access control and (b) proper training of the security guards to ensure that the safety of all people in the building is addressed; (4) What are the time frames for addressing the immediate security problems; (5) What immediate actions are being taken to address the lack of toilet facilities for women members of the public and that the urinals in the male toilets are repaired?

Reply:

(1) (a) Although there were discussions to revamp the Humansdorp Magistrates Court as early as 2006 there were no formal designs and plans which were finalised at that stage. The initial plans were formally endorsed in 2013 with the submission on the needs assessment to the Department of Public Works (now Department of Public Works and Infrastructure) (DPWI). Following several interactions and consultations with various stakeholders, the revised Needs Assessment was officially signed off by the Accounting Officer on the 19th November 2019 and forwarded to DPWI to conduct a feasibility study and to prepare a detailed estimate for consideration by the Department of Justice and Constitutional Development. It appears that the project was delayed by challenges encountered by DPWI regarding the consolidation of the ERFs and rezoning of the property, which has now been resolved.

(b) Several meetings and interactions with consultants and various stakeholders were held to consider the revised needs and concept designs in through a Zoom meeting held on 14 July 2020. It was unanimously agreed that the Concept 3 (demolition and rebuild) be adopted and this has since been formalised in writing for official signing off by all stakeholders for approval by National Office before the end of December 2020. This will then result in finalisation of sketch plans for approval and for cost estimates to be determined. Construction will commence immediately after the approval of the sketch plans and it is anticipated that the project will get underway during the second half of the 2021/2022 financial year.

(2) (a) The Project is currently registered for additional accommodation and is currently in stage 4, i.e. planning stage. A decision was taken to adopt a phased approach where the project will be split into two phases to address the urgent security measures and shortage of ablutions at the facility in the first phase as follows:

  1. Phase 1: Security measures i.e. installation of a perimeter fence and security gates only, minor repairs to existing ablutions and provision of a temporary ablution park home.
  2. Phase 2: Demolition of the existing single storey magistrate office and construction of new court house in accordance to the approved designs. The new designs will also provide adequate undercover parking for court officials.

(b) The fence and gates will be placed within the boundary to avoid having to demolish the low boundary wall and trees on the perimeter will be cut down and removed. A temporary mobile unit accommodating additional ablutions, storage facilities, and consultation offices for prosecutors, will be placed in a position where the court can still operate when construction commences on the second phase.

(3) (a) As part of the current capital works project, the fencing and gates will be addresses as phase one of this project and the other access control measures will be addressed in the second phase of the project.

(b) The department has appointed the services from a departmental appointed security service provider to conduct security functions at the court daily. Recruitment is done by this service provider in line with the Departmental specifications and required security grading who then further receive on the job training by the employer during the induction phase and is monitored in line with the service level agreement on an on-going basis.

(4) Security problems at the court are infrastructural instead of physical in nature and therefore the concerns will be addressed under the registered Capital Works Project but done in Phases. Since the site clearance was issued and submitted to the department on 19 November 2020, the department will start making arrangements to attend to the fence and the ablutions by March 2021.

(5) (a) Based on municipal approval and site clearance, the ablution facilities will require electrical, sewerage and water connections to be fully operational. Chemical toilets cannot be considered as this is not an economically viable solution, sustainable, or hygienically suitable for this type of environment in the absence of running water. Current ablutions are maintained when the need arises through day to day maintenance on an on-going basis, but challenges are often experienced with breakages as a result of vandalism by end users.

(b) The Department is working closely with DPWI to ensure the project phase 2 is under implementation in the next financial year 2021/22.

END

31 December 2020 - NW659

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Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

(1)(a) What measures have been put in place at each of the correctional facilities administered by his department to (i) isolate detainees showing symptoms of being infected with the coronavirus, (ii) isolate detainees who have tested positive for infection with the coronavirus, (iii) identify and isolate contacts of detainees or staff members who tested positive for the coronavirus, (iv) assist members of the prison population to practice regular hand-washing and other hygiene practices recommended by the World Health Organisation, (v) encourage social distancing and (vi) test for infection and (b) in each case (i) what are the full relevant details and (ii) from what date were the specified measures implemented; (2) what number of (a) employees at the Department of Correctional Services and (b) detainees under the supervision of his department have been tested for the coronavirus to date?

Reply:

(a) What measures have been put in place at each of the correctional facilities administered by his department to:

(i) isolate detainees showing symptoms of being infected with the coronavirus,

On 14 March 2020, Standard Operating Procedures (SOP) for Preparedness, Detection and Response to Coronavirus Disease 2019 (COVID-19) of the Department of Correctional Services were approved and circulated to all regions for implementation. Since the lockdown, 10 035 Remand Detainees (RDs) have been admitted to Correctional Centres nationally. All RDs are screened for COVID-19 symptoms and those showing symptoms of being infected with the Coronavirus are quarantined from the other detainees for 14 days and monitored on a daily basis. A swab is collected for testing by the NICD; monitored on a daily basis in isolation area whilst awaiting the results.

(ii) isolate detainees who have tested positive for infection with the coronavirus, Detainees who test positive for COVID-19 are categorised by the health care professional as mild, moderate and severe according to the COVID-19 categories. However, the following procedures are implemented:

  • Once the positive results are received, the detainees are moved from quarantine to isolation;
  • A medical practitioner at the Department of Health designated Hospital will be engaged to determine the need for the detainee to be treated in the department or at the designated hospital;
  • Detainees with mild and moderate symptoms will be treated at a designated treating site in the department whereas those with severe symptoms will be admitted at the Provincial Designated Hospital;
  • The isolated detainees are monitored and treated symptomatically by the health care professionals;
  • The Department will inform the relevant Health District and the Provincial Communicable Disease Control Directorate for support in conducting contact tracing;
  • The notification of the COVID-19 positive case will be as per Department of Health and the National Institute for Communicable Diseases (NICD) prescripts;
  • The Department of Health links the relevant Health District office to the centre for further monitoring.
  • Remand detainees with co-morbidities, (i.e above 60, diabetics, HIV positives, TB patients, Asthmatics, cancer patient, pregnant females), are identified and are classified as per risk factors and monitoring is intensified.
  • Isolated/Quarantine inmates are retested for COVID-19 before exiting out of quarantine.
  • Psychological, Spiritual services care are provided to Confirmed inmates.

(iii) Identify and isolate contacts of detainees or staff members who tested positive for the coronavirus,

  • The detainees who test positive are interviewed by health care professionals to identify the possible contacts;
  • The staff utilises admission registers into the cell where the positive inmate was accommodated to identify possible contacts of the detainee;
  • Those detainees who shared the same cell with the positive case are identified as possible contacts;
  • The contacts are quarantine and monitored for symptoms of COVID-19 for 14 days; and
  • Should the contacts present with symptoms they will also be tested for COVID-19 as per DoH guidelines.

Regarding the officials the following processes are followed:

  • All officials with COVID-19 signs and symptoms are identified and referred for testing;
  • Presumptive cases are reported and partner Departments are contacted (SAPS, DOH, NICD etc);
  • Self-isolation/quarantine forms are acknowledged and signed off by officials who are requested to isolate/quarantine;
  • All Confirmed COVID-19 cases of officials and presumptive persons under investigation are self-quarantined (either home or State provided facility);
  • Psychological services are provided to confirmed cases; and
  • Reintegration is done upon re-test and negative confirmation.

(iv) assist members of the prison population to practice regular hand-washing and other hygiene practices recommended by the World Health Organisation

The Department is dealing with this pandemic by implementing a disaster management plan that is embedded in national government’s adopted approach of ‘prevention, containment/treatment and disaster recovery’. The Department’s Disaster Management Response Plan is designed to prevent, contain, disrupt and mitigate COVID-19 from spreading in the department’s facilities and administrative offices.

Health care professionals disseminate hand hygiene and infection control information through awareness sessions and conduct hand washing campaigns. Each inmate is provided with soap for hand washing purposes; installation of secured hand washing soap and sanitizers is done in most centres. Educational posters on hand wash are placed on all notice boards in all Correctional Facilities.

Security equipment including vehicles are being sanitised and cleaned with the necessary detergents daily before and after utilisation by Correctional Centres and Community Corrections. Scrub down of facilities continues on a daily basis to ensure that areas are scrubbed down at least once a week. Officials have been assigned to sanitise hands of officials, inmates and visitors at all entry points and exit points in Correctional Facilities. Cleaning and enforcement of sanitisation are maintained at the Correctional Centres and Community Corrections especially at the reception, admission areas and living cells.

(v) encourage social distancing

Social distancing is encouraged in all Correctional Facilities and work places by introducing below mentioned measures as a form of promoting social distancing:

  • Reduce the number of offenders appearing before the CSPB for placement consideration and CMC. During these sittings social distancing must be adhered to;
  • Reduce number of offenders attending group programmes;
  • Reduce the number of representatives attending meeting/sessions/training/VC meetings including decreasing meeting times;
  • Decreased travelling to and from or within the Management Areas;
  • Reduce the movement within management areas between correctional centres;
  • Encourage electronic submission of documents where facilities are available;
  • Promote increased exercise for offenders in manageable groups;
  • Members record on duty at the entrance gate to prevent congestion;
  • Minimise congestion in the admissions areas by calling new admission one by one to admission table; and
  • Reduced number of inmates in library.

Social distancing for offenders in their cells is a challenge given the limited floor space for each offender in a cell and is further exacerbated by overcrowding ,hence offenders are encouraged to implement good hand hygiene practices.

(vi) test for infection

Naso-pharyngeal or Oro-pharyngeal swabs are collected by health professionals and sent to laboratory.

(b) in each case (i) what are the full relevant details and

In each case the Naso-pharyngeal or Oro-pharyngeal swabs are collected by health professionals and sent to laboratory and the results will determine further management of the detainee per stipulations.

(ii) from what date were the specified measures implemented;

Approved 2020 DCS Standard Operating Procedures (SOP) for Preparedness, Detection and Response to Coronavirus Disease 2019 (COVID-19) of the Department of Correctional Services.

(2) what number of (a) employees at the Department of Correctional Services and (b) detainees under the supervision of his department have been tested for the coronavirus to date?

(a) As at 26 April 2020, there are 536 officials who have been refereed to health care services for testing. It is important to highlight that most employees possess medical aids which they utilize for coronavirus testing. (b) To date there are 2 611 inmates that have been tested for coronavirus under the supervision of the Department of Correctional Services.

END

21 December 2020 - NW2460

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Selfe, Mr J to ask the Minister of Justice and Correctional Services

(1)Whether any correctional centres in the Eastern Cape are confronted with water shortages as at the latest specified date for which information is available; if not, what is the position in this regard; if so, which specified correctional centres; (2) what (a) immediate and (b) longer-term steps are being taken to alleviate the water shortages; (3) whether he has found that such water shortages have had any effect on (a) discipline and (b) operations of the specified correctional centres; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. Yes, the DCS centres have been affected by water shortages.

1.1 The following are the centres under OR Tambo District Municipality

  • Lusikisiki;
  • Flagstaff;
  • Mqanduli; and
  • Ngqeleni.

The major challenge is the capacity of water treatment plants that cannot cope with the demand. However, the Department has bought water tankers for those centres to augment when there is no municipal supply.

1.2 In addition, the following centres under Chris Hani District Municipality:

  • Sada;
  • Queenstown;
  • Dordrect;
  • Cofimvamba;
  • Lady Frere;
  • Engcobo; and
  • Middelburg

The biggest challenge in this District is the high demand versus the capacity of the plant and ageing municipal infrastructure.

1.3 Furthermore, the following are the centres under Amathole District Municipality

  • Idutywa
  • Butterworth
  • Middledrift

The biggest challenge is drought (drying up of dams which causes silting). DCS has also bought water tankers for those centres to augment when there is no municipal supply.

1.4 The following are centres under Nelson Mandela Metro:

  • St Albans Medium A;
  • St Albans Medium B; and
  • St Albans Maximum;

The main challenges are lack of rainfall and this started beginning of this year. DCS is procuring Jojo tanks and 3 water tankers and is in talks with the municipality for alternative ways of supply.

(2)

(a) The immediate intervention undertaken by the Department is procurement of storage tanks and water tankers for various areas;

(b) Medium to long term plans are to survey ground water availability in order to drill boreholes. The process of surveying has started at St Albans.

Municipalities, as water services authorities, need to upgrade their water treatment plants to be in line with the population demand and maintenance of plants thereof.

(3) 

(a) Discipline

Offenders were addressed regarding the problem of water in the Nelson Mandela Bay Metropolitan (NMBM), and how this problem will affect the normal running of the activities in the Correctional centre. They were also alerted of attempts that were being made to mitigate the risk of no water. The briefing made offenders not to revolt or be aggressive as they see that even though there is no running water is provided for drinking and bathing.

(b) Operations

Water shortages in centres compromises security and the entire operations of a centre due to the following reasons:

  • No steam to prepare food for offenders;
  • No hot water generation for bathing;
  • The hygiene of offenders is severely compromised. The security of the centres is also at risk.

END

25 November 2020 - NW2411

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

What is the (a) current status of overcrowding in our prisons over the past 12 months and (b) breakdown of such overcrowding in each month in each province?

Reply:

a) As on Friday, 23 October 2020, the current national overcrowding level in correctional centres stood at 15.17% over the approved accommodation. (Table 1)

The current status of overcrowding over the past 12 months is reflected in Table 2.

Table: 1

INMATE POPULATION - 23 OCTOBER 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

12846

89

5766

5855

156

12698

12854

18709

145.64%

45.64

GP

25204

425

13713

14138

530

19199

19729

33867

134.37%

34.37

KZN

21278

106

5910

6016

102

15763

15865

21881

102.83%

2.83

LMN

18929

71

5426

5497

269

15434

15703

21200

112.00%

12.00

FSNC

21585

78

4723

4801

227

13776

14003

18804

87.12%

12.88

WC

20725

403

10586

10989

391

13018

13409

24398

117.72%

17.72

National

120567

1172

46124

47296

1675

89888

91563

138859

115.17%

15.17

Table: 2 overcrowding status over the past 12 months per region

Region

Oct 2019

Nov 2019

Dec 2019

Jan 2020

Feb 2020

Mar 2020

Apr 2020

May 2020

Jun 2020

Jul 2020

Aug 2020

Sep 2020

EC

59.66%

59.42%

60.03

55.39%

53.81%

54.65%

54.94%

28.96

45.73%

46.23%

43.83%

45.64%

GP

52.06%

52.56%

52.72

47.63%

47.53%

45.56%

52.20%

48.88

44.84%

37.21%

35.46%

35.33%

KZN

33.64%

33.52%

34.63

31.32%

25.04%

23.86%

26.14%

22.67

16.05%

4.17%

2.69%

3.44%

LMN

44.27%

45.96%

46.70

41.09%

39.36%

38.56%

39.29%

33.84

27.60%

14.85%

11.13%

12.01%

FSNC

2.21%

3.56%

6.32

0.54%

0.18%

12.32%

0.38%

98.31

8.24%

11.86%

14.04%

13.70%

WC

42.29%

41.24%

36.81

31.07%

30.16%

29.17%

29.16%

26.07

19.51%

14.55%

16.13%

16.93%

National

37.83%

38.03%

38.17

33.27%

31.45%

30.25%

32.66%

28.96

23.35%

16.15%

14.56%

15.20%

  1. The breakdown of the overcrowding level in each month and in each region over the past 12 months in (End of month: October 2019 to September 2020) is provided from (Table 3 to Table14):

Table: 3

INMATE POPULATION - 31 OCTOBER 2019

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

83

5522

5605

290

15330

15620

21225

159.66%

59.66%

GP

24877

497

11958

12455

839

24535

25374

37829

152.06%

52.06%

KZN

20281

155

6185

6340

495

20269

20764

27104

133.64%

33.64%

LMN

17799

99

6169

6268

477

18934

19411

25679

144.27%

44.27%

FSNC

21542

76

4840

4916

393

16710

17103

22019

102.21%

2.21%

WC

20779

472

10547

11019

696

17851

18547

29566

142.29%

42.29%

National

118572

1382

45221

46603

3190

113629

116819

163422

137.83%

37.83%

Table: 4

INMATE POPULATION - 30 NOVEMBER 2019

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

92

5553

5645

290

15258

15548

21193

159.42%

59.42%

GP

24877

507

12185

12692

842

24419

25261

37953

152.56%

52.56%

KZN

20281

164

6163

6327

19745

1007

20752

27079

133.52%

33.52%

LMN

17799

102

6453

6555

442

18982

19424

25979

145.96%

45.96%

FSNC

21542

82

4908

4990

402

16916

17318

22308

103.56%

3.56%

WC

20779

452

10391

10843

668

17645

18313

29156

141.24%

41.24%

National

118572

1399

45653

47052

22389

94227

116616

163668

138.03%

38.03%

Table: 5

INMATE POPULATION - 31 DECEMBER 2019

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

103

6273

6376

251

14648

14899

21275

160.03

60.03

GP

24877

497

12922

13419

744

23830

24574

37993

152.72

52.72

KZN

20281

172

6822

6994

423

19887

20310

27304

134.63

34.63

LMN

17799

124

7434

7558

390

18163

18553

26111

146.70

46.70

FSNC

21542

114

5764

5878

385

16640

17025

22903

106.32

6.32

WC

20779

460

11141

11601

556

16084

16640

28241

136.81

36.81

National

118572

1470

50356

51826

2749

109252

112001

163827

138.17

38.17

Table: 6

INMATE POPULATION - 31 JANUARY 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

105

6224

6329

236

14092

14328

20657

155.39%

55.39%

GP

24877

522

13514

14036

677

22013

22690

36726

147.63%

47.63%

KZN

20281

170

7066

7236

418

18978

19396

26632

131.32%

31.32%

LMN

17799

125

7157

7282

417

17413

17830

25112

141.09%

41.09%

FSNC

21542

98

5453

5551

343

15764

16107

21658

100.54%

0.54%

WC

20779

515

11772

12287

467

14482

14949

27236

131.07%

31.07%

National

118572

1535

51186

52721

2558

102742

105300

158021

133.27%

33.27%

Table: 7

INMATE POPULATION - 29 FEBRUARY 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

116

6106

6222

238

13987

14225

20447

153.81%

53.81%

GP

24877

521

13666

14187

677

21837

22514

36701

147.53%

47.53%

KZN

20281

163

6889

7052

402

17905

18307

25359

125.04%

25.04%

LMN

17799

116

6939

7055

386

17363

17749

24804

139.36%

39.36%

FSNC

21542

94

5420

5514

343

15647

15990

21504

99.82%

0.18%

WC

20779

519

11545

12064

496

14485

14981

27045

130.16%

30.16%

National

118572

1529

50565

52094

2542

101224

103766

155860

131.45%

31.45%

Table: 8

INMATE POPULATION - 31 MARCH 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

119

6221

6340

238

13981

14219

20559

154.65%

54.65%

GP

24877

477

13662

14139

661

21412

22073

36212

145.56%

45.56%

KZN

20281

157

6784

6941

400

17779

18179

25120

123.86%

23.86%

LMN

17799

121

6879

7000

374

17289

17663

24663

138.56%

38.56%

FSNC

21542

91

5221

5312

349

15382

15731

21043

97.68%

12.32%

WC

20779

470

11394

11864

512

14464

14976

26840

129.17%

29.17%

National

118572

1435

50161

51596

2534

100307

102841

154437

130.25%

30.25%

Table: 9

INMATE POPULATION - 30 APRIL 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

130

6596

6726

219

13653

13872

20598

154.94%

54.94%

GP

24877

580

15762

16342

645

20877

21522

37864

152.20%

52.20%

KZN

20281

187

7745

7932

378

17273

17651

25583

126.14%

26.14%

LMN

17799

138

7380

7518

354

16921

17275

24793

139.29%

39.29%

FSNC

21542

99

6006

6105

351

15167

15518

21623

100.38%

0.38%

WC

20779

479

11973

12452

445

13942

14387

26839

129.16%

29.16%

National

118572

1613

55462

57075

2392

97833

100225

157300

132.66%

32.66%

Table: 10

INMATE POPULATION - 31 MAY 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

117

6296

6413

195

13362

13557

19970

128.96

28.96

GP

24877

541

15296

15837

627

20572

21199

37036

148.88

48.88

KZN

20281

176

7723

7899

303

16676

16979

24878

122.67

22.67

LMN

17799

107

6913

7020

323

16479

16802

23822

133.84

33.84

FSNC

21542

85

5524

5609

357

15213

15570

21179

98.31

98.31

WC

20779

411

11671

12082

386

13556

13942

26024

126.07

26.07

National

118572

1437

53423

54860

2191

95858

98049

152909

128.96

28.96

Table: 11

INMATE POPULATION - 30 JUNE 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

13294

108

6147

6255

183

12935

13118

19373

145.73%

45.73%

GP

24877

509

15017

15526

567

19939

20506

36032

144.84%

44.84%

KZN

20281

136

7017

7153

277

16107

16384

23537

116.05%

16.05%

LMN

17799

96

6274

6370

300

16042

16342

22712

127.60%

27.60%

FSNC

21542

74

4757

4831

267

14668

14935

19766

91.76%

8.24%

WC

20779

396

11494

11890

328

12615

12943

24833

119.51%

19.51%

National

118572

1319

50706

52025

1922

92306

94228

146253

123.35%

23.35%

Table: 12

INMATE POPULATION - 31 JULY 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

12846

103

6073

6176

163

12446

12609

18785

146.23%

46.23%

GP

25204

460

14380

14840

540

19202

19742

34582

137.21%

37.21%

KZN

21278

134

6424

6558

275

15332

15607

22165

104.17%

4.17%

LMN

18929

70

5848

5918

284

15538

15822

21740

114.85%

14.85%

FSNC

21585

131

4599

4730

217

14078

14295

19025

88.14%

11.86%

WC

20725

354

10953

11307

296

12138

12434

23741

114.55%

14.55%

National

120567

1252

48277

49529

1775

88734

90509

140038

116.15%

16.15%

Table: 13

INMATE POPULATION - 30 AUGUST 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

12846

96

5823

5919

148

12409

12557

18476

143.83%

43.83%

GP

25204

421

14146

14567

535

19039

19574

34141

135.46%

35.46%

KZN

21278

129

6253

6382

281

15188

15469

21851

102.69%

2.69%

LMN

18929

67

5408

5475

259

15301

15560

21035

111.13%

11.13%

FSNC

21585

79

4592

4671

196

13688

13884

18555

85.96%

14.04%

WC

20725

372

11038

11410

273

12385

12658

24068

116.13%

16.13%

National

120567

1164

47260

48424

1692

88010

89702

138126

114.56%

14.56%

Table: 14

INMATE POPULATION - 30 SEPTEMBER 2020

Region

Accommodation

Unsentenced

Sentenced

Grand Total

Population level %

Overcrowding Level %

   

Females

Males

Sub total

Females

Males

Sub total

     

EC

12846

92

5901

5993

158

12558

12716

18709

145.64%

45.64%

GP

25204

422

14058

14480

523

19105

19628

34108

135.33%

35.33%

KZN

21278

107

6293

6400

295

15314

15609

22009

103.44%

3.44%

LMN

18929

70

5622

5692

269

15242

15511

21203

112.01%

12.01%

FSNC

21585

72

4736

4808

213

13606

13819

18627

86.30%

13.70%

WC

20725

373

10819

11192

352

12690

13042

24234

116.93%

16.93%

National

120567

1136

47429

48565

1810

88515

90325

138890

115.20%

15.20%

END.

25 November 2020 - NW1869

Profile picture: Dyantyi, Mr QR

Dyantyi, Mr QR to ask the Minister of Justice and Correctional Services

Whether he and/or his department have determined how the next tranche of the funds set aside for the fight against the Covid-19 pandemic will be allocated; if so, what are the relevant details; (2) whether he has found that a fair, transparent, competitive bidding process was followed in the disbursement of the first tranche of the allocation; if so, what are the relevant details including the quality of personal protective equipment that was procured?

Reply:

1. The Department of Correctional of Correctional Services (DCS) did not receive any allocation from the R500 billion economic support package but viremented funds from its 2020/21 baseline allocation to fund the financial impact of COVID-19. The virement is part of the Adjustments Appropriation Act, 2020 assented to by the President on 14 August 2020. The total estimated COVID- 19 expenditure for 2020/21 financial year amounts to R606. 947 million broken down follows:

Componsation of Employees- R63. 8 million

Increase in capacity of Health Care Workers through the recruitment on a one- year contract of 366 enrolled/ retired nurses to enhance the provision of primary health care services and the screening of staff on health-related matters.

Personal Protective Equipment (PPEs) and Medical Supplies- R212. 237 million 

Procurement  of PPEs and infrared thermometer scanners for DCS members and inmates (masks including N95 and surgical masks, surface and hand sanitizers, and gloves). Provision for increased medical supplies including flu vaccines and other medicines.

Quarantine/ Isolation Units and Generators- R21. 640 million

 Installation and rental of eleven (11) temporary quarantine/ isolation units required in several correctional facilities nationwide, and procurement of generators.

Laundry Machines for Isolation, / Quarantine Sites – R1. 375 million

Procurement of mattresses for inmates quarantine/ isolation sites.

Information Technology- R250 million

  • Maintaining inmates contact with families by communicating through video visits, Inmates Telephone System and Message Link.
  • Integrated Security System- Security management system and implementation of body security scanners as a threat detection solution which combines ultra- low radiation with maximum visibility.

Computer  Equipment and Medical Equipment- R1.117 million

Procurement of laptops and medical equipment such as pharmaceutical fridges.

Decontamination of Correctional Facilities- R33. 585 million

Decontamination of Correctional Facilities especially in instances of confirmed infected officials and inmates.

 

2.  The National Treasury Note 8 of 20219/20: Emergency Procurement in Response to National State of Disaster specified that institutions may place orders with suppliers listed on the transversal contract for the specific items required. The nature of the goods required were  not goods ordinarily procured and the high demand of these items by both the private and public sector led to a shortage of supplies in the market leading to the inability of service providers on the transversal contracts to meet demand and they failed to deliver the required Personal Protective  Equipment (PPE)

Department of Correctional Services communicated with the Office of the Chief Procurement Officer (OCPO) at National Treasury by email on 27 March 2020 to inform the OCPO that the Department would deviate from the National Treasury Instruction Note 8 2019/20 and procure items required for immediate delivery as an interim measure while awaiting deliveries from those suppliers listed on the transversal contract.

Department of Correctional Services Health Services was requested to verify and or approve samples before placement of purchase orders from the respective suppliers. This was to ensure that the quality of procured personal proactive equipment was in accordance with the required quality standards determined by the Department of Health, Department of Trade, Industry and Competition (DTIC), South African Bureau of Standards (SABS) and South African National Accreditation System (SANAS)

23 November 2020 - NW1637

Profile picture: Hendricks, Mr MGE

Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

Whether, with reference to the Public Protector’s report on the Masiphumelele Informal Settlement in Noordhoek which was presented to the Portfolio Committee for oversight purposes (details furnished), (a) he will require the Public Protector to revisit the matter to address the plight of the African child, women and the elderly living in horrific conditions on the sides of the seven canals and (b) the residents will be moved to a dry site; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

I have been informed by the Public Protector South Africa that the Western Cape Provincial Office of the PPSA attended to complaints lodged by the Masiphumelele Informal Settlement Community (Complainant) pertaining to service delivery failures on the part of the City of Cape Town Metropolitan Municipality, which resulted in a Settlement Agreement entered into between the Complainant and the City of Cape Town on 18 December 2017.

In terms of the Settlement Agreement, the City of Cape Town undertook to inter alia develop a Spatial Development Framework for the Masiphumelele Community to provide for the delivery of basic services within the City of Cape Town’s financial and administrative capacity.

The PPSA monitored the progress made in terms of the Settlement Agreement, and the City of Cape Town provided regular progress reports. In terms of the monthly reports, the City of Cape Town indicated that the canals in the area had been cleared by April 2019.

I have been informed by the PPSA has indicated that the Honourable Member, lodged a complaint with the PPSA in connection with the living conditions of residents of the Masiphumelele area on 13 July 2020, and in particular, the resettlement of those still living on the sides of the canals. The Honourable Member’s complaint is currently being investigated, and the investigation team in the PPSA has arranged to meet with the Honourable Member. The City of Cape Town has already been approached for a response to the complaint.