Questions and Replies

Filter by year

11 December 2019 - NW1444

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Justice and Correctional Services

What steps has he taken to address the lack of his Department of Correctional Services progress with the development of an Integrated Inmate Management System?

Reply:

The Department has collaborated with the Integrated Justice System (IJS) programme office since October 2018, to increase its capacity and complete the development of the outstanding modules of Incarcerations and Corrections and Community Corrections.

The Department has successfully rolled out the Remand Detention module with Biometrics (fingerprints, facial and Iris) to seven (7) sites, and will continue with the remaining sites as per annual performance plan (APP) and this will cover 60% of the Remand Detention Offenders information on IIMS with proper identification and verification.

The above interventions are aimed at accelerating finalization of IIMS development and roll out.

09 December 2019 - NW1443

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Justice and Correctional Services

What progress has he made since 29 May 2019 in respect of the finalisation of the Court Administration Model?

Reply:

There has been extensive research done under the auspices of the Inter-Ministerial Committee (IMC) appointed by Cabinet which was chaired by Deputy President Mabuza during the fourth administration. In the aftermath of the reconstitution of Cabinet in the fifth administration, the work undertaken by the IMC has been assigned to me as the Minister by the Cabinet.

I have received a detailed briefing on the work which was undertaken under the auspieces of the IMC thus far and I have been alerted to certain aspects of the work where research is still on-going. We hope to complete the remaining research soon after which I will submit the report and recommendations to Cabinet.

There will also be consultation with the Judiciary as part of this process and I have already engaged Chief Justice Mogoeng in this regard.

09 December 2019 - NW1445

Profile picture: Maseko-Jele, Ms NH

Maseko-Jele, Ms NH to ask the Minister of Justice and Correctional Services

What measures did his department put in place to strengthen the Offices of the Master of the High Court, with regard to the lengthy waiting periods in winding up deceased estates?

Reply:

(a) The Department is implementing a number at measures to improve efficiency in respect at services rendered in the office of the Master at the High Court. Key amongst these is the automation at the process in the Master’s office is the introduction at the Paperless Estate Administration System. Through this system, the Master’s offices are able to render efficient service delivery by responding immediately to enquiries as the information is readily available. We are able to provide copies as the documents are scanned. We can also provide accurate statistics of the Letters of Appointments issued by the Master’s offices as we can draw the reports.

(b) It is also important to note that over the past years the Masters’ work has steadily increased, though the officials attending to the same work have declined over the same period. The Masters’ Office lack capacity and has a high vacancy rate. In order to address this challenge, processes to fill funded vacant posts in the Masters Office are underway, taking into consideration budget constraints and further cuts with regards to the Department’s allocated budget. The vacant post of the Chief Master is also being filled. The post has been advertised and the closing date is 13 December 2019.

(c) With regards to the period it takes to wind up a deceased estate, it is further important to note that the business processes and timeframes are prescribed in the Administration of Estates Act, and the offices of the Master strive to ensure adherence to these timeframes. When an estate is reported to the Master, the office endeavors to issue the Letter of Appointment within 15 working days from receipt of all required documents.

(d) The process of administering an estate involves third parties and the Master facilitates the interface among the interested parties, which at times fall behind the expected timeframes for reasons beyond the control of the Master. The Executors and other role-players’ (i.e. beneficiaries, creditors etc.) actions influences the timeframe within which an estate is finalised.

09 December 2019 - NW1446

Profile picture: Magwanishe, Mr GB

Magwanishe, Mr GB to ask the Minister of Justice and Correctional Services

What steps has he taken to (a) transform the briefing patterns to include briefs of African women legal practitioners and (b) promote gender equity in the legal profession and judiciary?

Reply:

a) From the statistics kept by the Department female counsel briefed by the Offices of the State Attorney during the last few years, African female counsel rank high for the past financial years, namely:

  • From the total number of 2 386 of briefs allocated to female counsel during 2017/18, 1 427 briefs were allocated to African females;
  • From the total number of 2 109 of briefs allocated to female counsel during 2018/19, 1 233 briefs were allocated to African females; and
  • From the total number of 1 203 of briefs allocated to female counsel for the first two quarters of 2019/20, 761 briefs were allocated to African females.

When it comes to female counsel in general, the target has ranged from 25% to 29% of value of briefs for the past two financial years, and I have been in the forefront of ensuring that the Department lead by example by allocating the majority of the matters relating to the Ministry and Department to female counsel and African female counsel, in particular.

We continue to engage with the various role-players and stakeholders over a period of time, ranging from the Legal Practice Council (LPC) and the various associations, for example: the National Association of Democratic Lawyers (NADEL), Black Lawyers Association (BLA), Advocates for Transformation (AFT), South African Women Lawyers Association (SAWLA) etc. to encourage collaboration in building capacity amongst women legal practitioners so they can better opportunities within the legal profession and for the Judicial Service Commission’s interviews for the Bench.

From 2017 the statistical information relating to the allocation of legal work to private legal practitioners is published on the Department’s website, so as to ensure transparency and promote accountability.

The briefing target in respect of females has been and is currently being increased per year as the pool of females’ counsel continuously grows and increases.

b) The following are amongst the measures we are embarking upon to advance gender equality in the legal profession and the judiciary

(i) We are developing a framework for the appointment of acting judges and there are on-going discussions with Heads of Court regarding this. This is important as acting appointments are an important vehicle through which women practitioners can enhance their opportunity for permanent appointments on the bench.

(ii) The Department continues to support the structures such as the South African Women Lawyers Association and the International Association of Women Judges which have, as their objective, the advancement of women judges.

(iii) In respect of the legal profession, the Department in collaboration with the Legal Practice Council:

  • has embarked on a process to develop a Legal Services Charter which amongst others will ensure the transfer of skills to previously disadvantaged practitioners in particular women; and
  • is working on new criteria for the confirmation of Senior Counsel status to eligible practitioners. This is with a view to transfer the Senior Counsel sector which is still predominately male and white.

09 December 2019 - NW1712

Profile picture: Chirwa, Ms NN

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

Whether he has held any discussion with the National Prosecuting Authority on the desirability of prosecuting persons who fought for free quality education for all under the #FeesMustFall movement, in view of the fact that many of its activists are either in jail or still attending court cases?

Reply:

No, I have not discussed the matter with the National Director of Public Prosecutions nor indeed, with any member of the National Prosecution Authority. The prosecution of persons falls in the sole mandate of the National Prosecution Authority in terms of the Constitution of the Republic of South Africa, 1996, as well as the National Prosecuting Authority Act, 1998.

The National Prosecuting Authority without fear, favor or prejudice and it will be inappropriate for me to discuss any specific matters with the prosecution. My interface with the National Prosecuting Authority is in the context of ensuring that it functions efficiently.

The Honourable Member refers to “many activists in jail or attending court cases” I am only aware of one activist who was sentenced to imprisonment in a correctional facility and two activists attending court cases.

09 December 2019 - NW1711

Profile picture: Chirwa, Ms NN

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

Whether he (a) has engaged the President to pardon Fees Must Fall activist, Mr Khanya Cekeshe; if not, what is the position in this regard; if so, what is the status of the process of pardoning Mr Khanya Cekeshe?

Reply:

No, in order to properly advise the President regarding a possible pardon in Mr Cekeshe’s case, a thorough and comprehensive evaluation is necessary to ensure that the President makes a rational decision with all relevant facts considered. Mr Cekeshe, like any other Fees Must Fall activists, was informed of the process he is required to follow to apply and submit a request for pardon.

Mr Cekeshe has chosen to exercise his legal right to appeal his conviction. This effectively means, he and his legal team believe that a different court could arrive at different conclusion. In other words, he believes that a different court could overturn his conviction. As such it is impermissible for one to engage in the process which speak to pardons. In order for one to invoke a pardon one must have completed the court process, a judicial process cannot run along aside the pardon process.

09 December 2019 - NW1193

Profile picture: Mulder, Dr CP

Mulder, Dr CP to ask the Minister of Justice and Correctional Services

Whether the National Prosecuting Authority is planning on prosecuting a certain person (name furnished); (2) whether he will make a statement on the matter?

Reply:

  1. The National Prosecuting Authority (NPA) can only prosecute when there is a complainant who opened a criminal docket at the police station. At this stage, we are not aware of any case lodged with the police against the person referred to.
  2. No,

09 December 2019 - NW1511

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

What total number of (a) cases were investigated by the Special Investigating Unit in the 2018-19 financial year, (b)(i) the investigated cases led to successful litigation and (ii) amount was recovered and (c)(i) cases are outstanding and (ii) are the reasons that each case is outstanding?

Reply:

a) Number of proclamations under investigation during 2018/2019 FY

National Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R38 of 2010 extended by R27 of 2015 extended by R20 of 2018

National Department of Public Works

2020/2021

1 final presidential report submitted to the Presidency on 08/06/2018.

Investigation ongoing

2

R42 of 2010 extended by R73 of 2011

South African Police Service

2019/2020

Final presidential report has been prepared and is currently under internal review

3

R53 of 2012

Department of Rural Development and Land Reform (Land Restitution)

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

4

R54 of 2012

Department of Water Affairs and Forestry

2018/2019

Final presidential report submitted to the Presidency on 26/10/2018

5

R7 of 2014 amended by R599 of 2015 amended by R32 of 2017

Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA)

2020/2021

1 Final presidential report has been prepared and is currently under internal review.

Investigation ongoing

6

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

2019/2020

Final presidential report has been prepared and is currently under internal review

7

R55 of 2014

Department of Labour and Compensation Fund

2019/2020

Final presidential report has been prepared and is currently under internal review

8

R59 of 2014

National Department of Public Works

2018/2019

Final presidential report submitted to Presidency on 14/12/2018

9

R18 of 2016

Department of Correctional Services

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

10

R19 of 2016

Construction Industry Development Board

2020/2021

Investigation ongoing

11

R24 of 2017

Department of Rural Development and Land Reform

2020/2021

Investigation ongoing

12

R28 of 2017

Department of Correctional Services and Independent Development Trust

2020/2021

Investigation ongoing

13

R37 of 2017

National Department of Transport

2020/2021

Investigation ongoing

14

R21 of 2018 amended by R33 of 2019

Department of Justice and Constitutional Development

2020/2021

Extended by Proclamation R33 of 2019.

Investigation ongoing

15

R27 of 2018 amended by R44 of 2019

National Department of Water and Sanitation

2020/2021

Extended by Proclamation R44 of 2019.

Investigation ongoing

16

R18 of 2019

National Health Laboratory Services

2020/2021

Investigation ongoing

Provincial Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R17 of 2016

Department of Education: EC

2018/2019

Final presidential report submitted to Presidency on 20/06/2018

2

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

 

1 final presidential report submitted to Presidency on 21/09/2018. Extended by Proclamation R27 of 2019.

Investigation ongoing

3

R23 of 2016

Provincial Department of Transport: KZN

2019/2020

Final presidential report has been prepared and is currently under internal review

4

R32 of 2016

Independent Development Trust, the Department of Basic Education and the Department of Education for the Free State

2019/2020

Final presidential report has been prepared and is currently under internal review

5

R9 of 2017

Provincial Department of Agriculture and Rural Development and Mjindi Farming: KZN

2019/2020

Investigation ongoing

6

R17 of 2017

Department of Social Development: EC

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

7

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

2019/2020

Extended by proclamation R6 of 2019.

Investigation ongoing

8

R30 of 2017 amended by R45 of 2019

Provincial Treasury: KZN

2020/2021

Extended by proclamation R45 of 2019.

Investigation ongoing

9

R35 of 2017

PSETA

2019/2020

Final presidential report has been prepared and is currently under internal review

10

R2 of 2018 amended by R31 of 2019

North West Department of Public Works and Roads and Transport

 

Extended by proclamation R31 of 2019.

Investigation ongoing

11

R4 of 2018

AGRISETA

2019/2020

Final presidential report has been prepared and is currently under internal review

12

R5 of 2018

Tshwane South College

2019/2020

Investigation ongoing

13

R10 of 2018

Department of Correctional Services: KZN

2019/2020

Investigation ongoing

14

R12 of 2018

Roads Agency Limpopo Ltd

2020/2021

Investigation ongoing

15

R14 of 2018

Department of Transport: KZN

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

16

R16 of 2018 amended by R25 of 2018

MICT SETA

2020/2021

Investigation ongoing

17

R36 of 2018

Department of Transport: KZN

2020/2021

Investigation ongoing

18

R4 of 2019

Umgeni Water

2020/2021

Investigation ongoing

Local Government Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R62 of 2010

Tshwane Metropolitan Municipality

2019/2020

Final presidential report submitted to Presidency on 17/10/2018

2

R52 of 2014

Greater Tubatse Local Municipality

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

3

R21 of 2016

Msunduzi Local Municipality

2018/2019

Final presidential report submitted to Presidency on 29/03/2019

4

R59 of 2016 amended by R7 of 2018

Greater Sekhukhune District Municipality and the Elias Motsoaledi Local Municipality ("the municipalities")

2019/2020

1 final presidential report submitted to Presidency on 17/10/2018. Extended by proclamation R7 of 2018.

Investigation ongoing

5

R8 of 2017 amended by R15 of 2018 amended by R16 of 2019

Mopani District Municipality

2020/2021

Extended by R16 of 2019.

Investigation ongoing

6

R10 of 2017

Harry Gwala District Municipality

2019/2020

Final presidential report submitted to Presidency 15/10/2019

7

R18 of 2017 amended by R43 of 2019

Thabazimbi Local Municipality

2020/2021

Extended by proclamation R43 of 2019.

Investigation ongoing

8

R19 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under internal review

9

R25 of 2017

Lesedi Local Municipality

2020/2021

Investigation ongoing

10

R36 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under internal review

11

R6 of 2018

Raymond Mhlaba Local Municipality

2019/2020

Final presidential report has been prepared and is currently under internal review

12

R9 of 2018

Mbhashe Local Municipality

2019/2020

Investigation ongoing

13

R13 of 2018

EC Institutions (Nelson Mandela Funeral)

2019/2020

Investigation ongoing

14

R26 of 2018

Ethekwini Metropolitan Municipality

2019/2020

Investigation ongoing

15

R28 of 2018 amended by R5 of 2019

Ekurhuleni Metropolitan Municipality

2020/2021

Extended by proclamation R5 of 2019.

Investigation ongoing

16

R7 of 2019

Moretele Local Municipality

2020/2021

Investigation ongoing

17

R17 of 2019

City of Johannesburg

2020/2021

Investigation ongoing

State Owned Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R53 of 2014 amended by R15 of 2015

SITA

2019/2020

Final presidential report has been prepared and is currently under internal review

2

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

2019/2020

Investigation ongoing

3

R11 of 2018

Eskom and Transnet

2020/2021

Investigation ongoing

b0 Number and value of civil litigation during the 2018/2019 FY

(i) 19 civil matters were instituted to the value of R7.9 billion. None of the civil matters instituted during the 2018/2019 financial year had yet resulted in recoveries during that financial year. None of the values reflected in (ii) flowed from civil matters instituted during the 2018/2019 financial year.

No

Proc No

Dept/State Institution

Total value of civil matters instituted

1

R7 of 2014 amended by R599 of 2015 amended by R32 of 2017

Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA)

R208 025 175

2

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

R675 293

3

R59 of 2014

National Department of Public Works

R21 710 374

4

R19 of 2016

Construction Industry Development Board

R1 109 577 173

5

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

R2 521 024 500

6

R27 of 2015 extended by R20 of 2018

National Department of Public Works

R12 596 561

7

R10 of 2017

Harry Gwala District Municipality

R2 000 000

8

R18 of 2017

Thabazimbi Local Municipality

R49 848 921

9

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

R1 344 388

10

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

R329 277 653

11

R11 of 2018

Eskom

R3 700 000 000

(ii) Value of recoveries made during the 2018/2019 FY

Total value of R136.8 million made up as follows:

No

Proc No

Dept/State Institution

Value

1

R40 of 2015

Buffalo City Metropolitan Municipality

R7 910 305

2

R59 of 2014

National Department of Public Works

R118 480 288

3

R23 of 2016

Provincial Department of Transport: KZN

R1 059 762

4

R9 of 2017

Provincial Department of Agriculture and Rural Development and Mjindi Farming: KZN

R432 000

5

R8 of 2017 amended by R15 of 2018 amended by R16 of 2019

Mopani District Municipality

R1 320 101

6

R10 of 2017

Harry Gwala District Municipality

R851 522

7

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

R622 178

8

R25 of 2017

Lesedi Local Municipality

R50 000

9

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

R594 926

10

R4 of 2018

AGRISETA

R59 100

11

 

SIU Acknowledgement of Debt Enforcement Department

R5 451 928

c) Proclamations still ongoing and reasons why not concluded

(i) List of proclamations still ongoing

(ii) Please take note that proclamations that are under investigation in a particular financial year will not necessarily be finished in the same financial year. All proclamations have a start date and an end date and the duration of the investigation depends on the nature/complexity of the matters to be investigated.

National Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R38 of 2010 extended by R27 of 2015 extended by R20 of 2018

National Department of Public Works

2020/2021

Investigation ongoing

2

R42 of 2010 extended by R73 of 2011

South African Police Service

2019/2020

Final presidential report has been prepared and is currently under review

3

R53 of 2012

Department of Rural Development and Land Reform (Land Restitution)

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

4

R7 of 2014 amended by R599 of 2015 amended by R32 of 2017

Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA)

2020/2021

1 Final presidential report has been prepared and is currently under review.

Investigation ongoing

5

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

2019/2020

Final presidential report has been prepared and is currently under review

6

R55 of 2014

Department of Labour and Compensation Fund

2019/2020

Final presidential report has been prepared and is currently under review

7

R18 of 2016

Department of Correctional Services

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

8

R19 of 2016

Construction Industry Development Board

2020/2021

Investigation ongoing

9

R24 of 2017

Department of Rural Development and Land Reform

2020/2021

Investigation ongoing

10

R28 of 2017

Department of Correctional Services and Independent Development Trust

2020/2021

Investigation ongoing

11

R37 of 2017

National Department of Transport

2020/2021

Investigation ongoing

12

R21 of 2018 amended by R33 of 2019

Department of Justice and Constitutional Development

2020/2021

Extended by Proclamation R33 of 2019.

Investigation ongoing

13

R27 of 2018 amended by R44 of 2019

National Department of Water and Sanitation

2020/2021

Extended by Proclamation R44 of 2019.

Investigation ongoing

14

R18 of 2019

National Health Laboratory Services

2020/2021

Investigation ongoing

Provincial Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

 

Extended by Proclamation R27 of 2019.

Investigation ongoing

2

R23 of 2016

Provincial Department of Transport: KZN

2019/2020

Final presidential report has been prepared and is currently under review

3

R32 of 2016

Independent Development Trust, the Department of Basic Education and the Department of Education for the Free State

2019/2020

Final presidential report has been prepared and is currently under review

4

R9 of 2017

Provincial Department of Agriculture and Rural Development and Mjindi Farming: KZN

2019/2020

Investigation ongoing

5

R17 of 2017

Department of Social Development: EC

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

6

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

2019/2020

Extended by proclamation R6 of 2019.

Investigation ongoing

7

R30 of 2017 amended by R45 of 2019

Provincial Treasury: KZN

2020/2021

Extended by proclamation R45 of 2019.

Investigation ongoing

8

R35 of 2017

PSETA

2019/2020

Final presidential report has been prepared and is currently under review

9

R2 of 2018 amended by R31 of 2019

North West Department of Public Works and Roads and Transport

 

Extended by proclamation R31 of 2019.

Investigation ongoing

10

R4 of 2018

AGRISETA

2019/2020

Final presidential report has been prepared and is currently under review

11

R5 of 2018

Tshwane South College

2019/2020

Investigation ongoing

12

R10 of 2018

Department of Correctional Services: KZN

2019/2020

Investigation ongoing

13

R12 of 2018

Roads Agency Limpopo Ltd

2020/2021

Investigation ongoing

14

R14 of 2018

Department of Transport: KZN

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

15

R16 of 2018 amended by R25 of 2018

MICT SETA

2020/2021

Investigation ongoing

16

R36 of 2018

Department of Transport: KZN

2020/2021

Investigation ongoing

17

R4 of 2019

Umgeni Water

2020/2021

Investigation ongoing

Local Government Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R52 of 2014

Greater Tubatse Local Municipality

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

2

R59 of 2016 amended by R7 of 2018

Greater Sekhukhune District Municipality and the Elias Motsoaledi Local Municipality ("the municipalities")

2019/2020

Extended by proclamation R7 of 2018.

Investigation ongoing

3

R8 of 2017 amended by R15 of 2018 amended by R16 of 2019

Mopani District Municipality

2020/2021

Extended by R16 of 2019.

Investigation ongoing

4

R10 of 2017

Harry Gwala District Municipality

2019/2020

Final presidential report submitted to Presidency 15/10/2019

5

R18 of 2017 amended by R43 of 2019

Thabazimbi Local Municipality

2020/2021

Extended by proclamation R43 of 2019.

Investigation ongoing

6

R19 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

7

R25 of 2017

Lesedi Local Municipality

2020/2021

Investigation ongoing

8

R36 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

9

R6 of 2018

Raymond Mhlaba Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

10

R9 of 2018

Mbhashe Local Municipality

2019/2020

Investigation ongoing

11

R13 of 2018

EC Institutions (Nelson Mandela Funeral)

2019/2020

Investigation ongoing

12

R26 of 2018

Ethekwini Metropolitan Municipality

2019/2020

Investigation ongoing

13

R28 of 2018 amended by R5 of 2019

Ekurhuleni Metropolitan Municipality

2020/2021

Extended by proclamation R5 of 2019.

Investigation ongoing

14

R7 of 2019

Moretele Local Municipality

2020/2021

Investigation ongoing

15

R17 of 2019

City of Johannesburg

2020/2021

Investigation ongoing

State Owned Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R53 of 2014 amended by R15 of 2015

SITA

2019/2020

Final presidential report has been prepared and is currently under review

2

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

2019/2020

Investigation ongoing

3

R11 of 2018

Eskom and Transnet

2020/2021

Investigation ongoing

22 November 2019 - NW1055

Profile picture: Selfe, Mr J

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

Whether he has found that all correctional centres conform to the requirements prescribed in terms of section 7(1) of the Correctional Services Act, Act 111 of 1998; if not, (a) why not, (b) which correctional centres have been found not to conform to the prescribed requirements and (c) what steps is his department taking to ensure conformity with the prescribed requirements in all correctional centres?

Reply:

1. Not all the correctional centres conform to the requirements of Clause 7(1) of the Correctional Services Act 111 of 1998 which stipulates the following:

7 Accommodation (1) Prisoners must be held in cells which meet the requirements prescribed by regulation in respect of floor space, cubic capacity, lighting, ventilation, sanitary installations and general health conditions. These requirements must be adequate for detention under conditions of human dignity.”)

(a) The reasons for the non-conformity are:-

(ii) The Department’s correctional centres are made up of a range of facilities built over an extended period of time and they cater for a variety of different purposes to suit the thinking that was prevalent at the time of their construction. Many of centres were not designed to fulfil the objective of inmate detention under conditions of human dignity as is prevalent in the current correctional system;

(iii) Overcrowding in correctional centres which causes accelerated dilapidation of facilities, faster than new facilities can be constructed or the existing ones repaired;

(iv) Backlog of maintenance due to financial and human capacity constraints within both the implementing agent department (DPWI) as well DCS.

(b) There are fifteen (15) correctional centres that do not conform to the requirements (marked by * in the table below).

(c) The department is instituting corrective actions by upgrading existing correctional centres where funds permit, as well as planning the construction of new correctional centres as follows:-

 

Correctional centre

Status

Corrective action

1

Glencoe*

Completed 2019/20

Upgrading contract for a section of the centre was completed in June 2019; Contract 2 is in planning for the remainder of the centre

2

Tzaneen*

Under construction

Construction of a new 500 bed correctional centre to replace zinc structure is underway, due for completion during 2019/2020

3

Lichtenburg*

Planning

Planning for an upgrading project to create additional 234 bed spaces and replace zinc structure is at an advanced stage; construction to commence in 2020/2021

4

Leeuwkop*

Planning

Planning for a new correctional centre to create 1,000 bed spaces and replace zinc structure is at site clearance stage

5

Voorberg*

Planning

Planning for a new correctional centre to create 1,500 bed spaces and replace zinc structure is at site clearance stage

6

Zeerust*

Planning

Planning for a new correctional centre to create 500 bed spaces and replace zinc structure is at site clearance stage

7

Makhado*

Zinc construction

Planning will commence when funds are available

8

Atteridgeville*

Zinc construction

Planning will commence when funds are available

9

Drakenstein Medium B*

Zinc construction

Planning will commence when funds are available

10

Pollsmoor Medium B*

Zinc construction

Planning will commence when funds are available

11

Groenpunt Medium*

Zinc construction

Planning will commence when funds are available

12

Brandvlei Medium*

Zinc construction

Planning will commence when funds are available

13

Brandvlei Maximum*

Closed

Closed. Repair and renovation project is in planning stage

14

Umzimkhulu*

Closed

Closed. Repair and renovation project is in planning stage

15

Geluk*

Closed

Closed. Planning will commence when funds are available

16

Standerton

Completed 2019/20

Upgrading and addition of 787 bed spaces, completed during 2019/20

17

Estcourt

Completed 2019/20

Upgrading and addition of 309 bed spaces, completed during 2019/20

18

Parys

Under construction

Upgrading and addition of 176 bed spaces commenced in 2019

19

Burgersdorp

Planning

Planning for an upgrading project to create 311 additional bed spaces is at an advanced stage; construction to commence in 2020/2021

20

Bethal

Planning

Planning is underway for a major repair and renovation project under the DPWI “Planned Maintenance” budget

21

Mahikeng

Planning

Planning is underway for a major repair and renovation project under the DPWI “Planned Maintenance” budget

22

Port Shepstone

Planning

Planning is underway for a major repair and renovation project under the DPWI “Planned Maintenance” budget

22 November 2019 - NW1016

Profile picture: Selfe, Mr J

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

Whether any persons have been appointed to the National Council for Correctional Services in terms of section 83(2)(h) of the Correctional Services Act, Act 111 of 1998, since 1 January 2014; if not, why not; if so, (a) who was appointed to the National Council for Correctional Services, (b) what is each person’s area of expertise and experience and (c) on what date was the Portfolio Committee on Justice and Correctional Services consulted on the appointments of the specified persons?

Reply:

No, the then Minister appointed the National Council for Correctional Services (NCCS) for a period of five (5) years with effect from 1 March 2010 until 28 February 2015.

(a) who was appointed

(b) each person’s area of expertise and experience

(c) date the Portfolio Committee on Justice and Correctional Services consulted

Appointed with effect 1 March 2010 for a period of five (5) years ending 28 February 2015. These appointments were extended for a period of three (3) months until 31 May 2015

Dr KJ Kometsi

Ms LUZ Rataemane

Dr M Mako

Clinical Psychologist

 

Ms B Ngobeni

Community Development Expert

 

Ms L Smit

NGO promoting Social Re-integration of offenders back into society

 

Dr M F Randera

Medical Doctor

 

Mr S Nkanunu

Practicing attorney

 

Appointed on 1 June 2015 for a period of 12 months ending 31 May 2016

Dr VR Chetty

CRIMINOLOGIST:

Dr Chettys’ specialty, specifically during the parole consideration process by the NCCS, is the identification of crimogenic factors within offenders profiles and whether such needs have been addressed before such offender can be released back to society.

11 November 2015

Ms AL Vilakazi

ATTORNEY:

Ms Vilakazi is a practicing attorney and Director of Buthelezi Vilakazi Inc, a firm of attorney based in Sandton. Her specialty on the Council is that of ensuring compliance with applicable legislation (Constitutional Act, Criminal Procedure Act and the Correctional Services Act).

 

Ms N Gwayi

Dr RM Mgudu

Ms BN Ngobeni

COMMUNITY DEVELOPERS AND EDUCATORS:

Ms. Nondumiso Gwayi

Her main focus and interest is the importance of family and community support as a key element in the successful reintegration of offenders into society.

Mr. Richard Mzoxolo Bhunga Mgudu

His interest, by virtue of his profession, in the skilling, rehabilitation programmes and academic development of offender.

Ms. Busi Ngobeni

Ms. Ngobeni is an educator by profession. Has been serving as a member of the NCCS since 2010 and has over the years facilitated training conducted by NCCS members to Social Workers, Psychologists and Parole Boards.

 

Appointed on 1 June 2016 for a period of 36 months ending 31 May 2019

These appointments were extended by the Minister until 30 November 2019, pending the re-advertisement of the call for nominations, the consultation and appointment process.

(a)who was appointed

(b) each person’s area of expertise and experience

(c) date was the Portfolio Committee on Justice and Correctional Services consulted

Mr IL de Klerk

Ms ST Monyemane

Ms LUZ Rataemane

Experts in clinical psychology

18 May 2016

Adv KA Mahumani

Rev JP Clayton

Representatives of non-governmental organisations working within the field of Correctional Services

 

Ms AL Vilakazi

Dr VR Chetty

Academics with expertise in criminal law, criminology, penology or restorative justice.

 

Mr N Nkopo

Expert in community justice systems

 

An appointment process has been initiated with positions due to be advertised during the month of October 2019.

19 November 2019 - NW1368

Profile picture: Cachalia, Mr G K

Cachalia, Mr G K to ask the Minister of Justice and Correctional Services

Whether his department did business with certain (a) persons, (b) companies and (c) trusts (names and details furnished in each case) (i) in each of the past five financial years and (ii) since 1 April 2019; if so, (aa) on what date(s) did his department do business with the specified persons, companies and trusts and (bb) what was the (aaa) nature and (bbb) monetary value of each business arrangement?

Reply:

(i) The Department of Justice and Constitutional Development did not do business with the persons, companies and trusts listed.

(ii) The Office of the Chief Justice (OCJ) is not in a position to indicate whether it has done business with anyone of the listed individuals in the absence of more information regarding their identities such as identity numbers, Nationality, Occupations, ect.

(iii) The Office of the Chief Justice (OCJ) did not do business with any of the companies mentioned by the Honourable Member.

(iv) The Office of the Chief Justice (OCJ) did not do any business with any of the Trusts mentioned by the Honourable Member.

19 November 2019 - NW873

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Justice and Correctional Services

Has any of the fruitless and wasteful expenditure incurred by the Department of Correctional Services in the 2017-18 financial year been recovered from the relevant officials; if not, why not; if so, what are the relevant details?

Reply:

A total of fifty six (56) cases of fruitless and wasteful expenditure were reported during 2017/18 financial year. The total value of the cases amounts to R41 233 748.00 and two (02) of the cases reported with a total amount of R9 701.00 were written off without any recoveries recommended because the expenditures were incurred in emergency service delivery. These 02 cases were due to:

(i) DCS team escorting offenders found that the accommodation which was booked was not safe for personnel and state vehicles and they moved to a more secured accommodation: R9 435.00.

(ii) Traffic offences by drivers led to the vehicle being impounded. The department had to pay R266.00 to release the vehicle for service delivery. The traffic fines were moved from the department proxy to the drivers to personally pay them:
R 266.00.

The department is in process of investigating all cases (except the two indicated above) and where applicable, recoveries and disciplinary process will be undertaken based on the outcomes of investigations.

END

31 October 2019 - NW1097

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Justice and Correctional Services

With reference to the reply of the Minister of International Relations and Cooperation to question 559 on 5 September 2019, what was the reason that the National Prosecuting Authority decided not to prosecute?

Reply:

The Honourable Member should note that the suspect is an Ambassador, and as such has diplomatic immunity preventing prosecution.

Other diplomatic remedies (e.g. requesting an official apology from the home state, requesting waiver of immunity, recall of the suspect being an Ambassador, declaring the accused a persona non grata, etc.) were considered but in light of the available evidence and nature of the charges, none were deemed appropriate. It was decided not to pursue such remedies and consequently the diplomatic immunity is preventing prosecution.

This decision was informed after, amongst others:

(i) Discussions with the consular section of the Department of International Relations and Cooperation (DIRCO) regarding the type of case warranting any of the above remedies which will enjoy the support of DIRCO;

(ii) The nature of the conduct complained about (i.e. inappropriate massaging of the Ambassador by the complainant who was a domestic worker, over a number of years starting in 2013, initially without complaints or reports to others before 2016);

(iii) The fact that the complaint was laid with the police only in 2019 following alleged intervention or assistance of others involved in a labour dispute;

(iv) The fact that the complainant is a single witness;

(v) The absence of substantial corroboratory evidence confirming the complainant’s allegations; and

(vi) The implications that may follow on a diplomatic level (including the reputation of the Republic of South Africa in the international arena vis-à-vis the handling of foreign diplomats and their legal rights).

Therefore, the decision not to prosecute was taken after reaching a conclusion that the evidence available was insufficient to prove the charges beyond reasonable doubt.

31 October 2019 - NW1272

Profile picture: Wessels, Mr W

Wessels, Mr W to ask the Minister of Justice and Correctional Services

(1) With reference to the reply of the former Minister to question 3669 on 11 December 2018 and his reply to question 883 on 17 October 2019, on what exact date did the storm damage occur at the storage facilities of Docufile, the previous service provider; (2) what has he found to be the reason(s), other than poor record-keeping and indexing of files, that the loss of the 45 000 files was only discovered in January 2019, while the former Minister in his reply on 11 December 2018 had indicated that all files were in fact received from the previous service provider; (3) whether (a) all the affected parties have been adequately informed of the lost files and (b) cases will be prioritised to expedite the conclusion of the involved trusts; if not, why not, in each case; if so, what are the relevant details in each case; (4) whether he has found that no backlogs are currently being experienced at any of the other 15 Master’s Offices; if not, (a) what is the current situation at the specified offices, (b) what actions are being taken to address any such backlogs and (c) by what date(s) is it expected to be brought up to date; (5) whether he will make a statement on the matter?

Reply:

1. According to information, the storm damage occurred during September 2012. At that time, the office had no knowledge as to the extent of the damage. Whilst dealing with the backlogs in December 2018, it was realized that hundreds of files are not with the current service provider and in trying to establish the whereabouts of these files, it was brought to the attention of the Office of the Acting Chief Master that thousands of trust files were destroyed in a storm. It was also indicated that the files were ultimately disposed-off by the service provider without the Master having any opportunity to view the files for possible recovery. This has also led to litigation against the erstwhile service provider. It would appear that the management of the Master’s Office, Pretoria and the previous Chief Master at the time was made aware of this, but the information was not filtered through to senior management in the Master’s Office, Pretoria. Once the Acting Master received the information regarding the damaged files, she immediately reported this to the current Acting Chief Master, Mrs Bezuidenhout, earlier in 2019.

2. It has come to light that indeed poor record keeping by the office and no proper data base of files has led to this unfortunate situation. However, a project will be undertaken during December 2019 to address this. All files are to be removed to the current service provider, whom will then create a proper data base of all files. If it is then found that a file is not on this database, a dummy file will be opened to ensure service delivery to clients.

3. (a) The Master does not have the information in respect of all the affected clients as they deal with matters on a case to case basis. This is only established once a file cannot be located, if the file is requested by a client. Once a file cannot be located, the client is informed that the file is possibly amongst those damaged in the storm and the client is requested to provide copies of the trust deed, letter of acceptance and other relevant documentation to enable the Master to reconstruct the file. However, all stakeholders such as the Law Society, Banks and Trust Companies have been made aware of the situation.

(b) As stated above, a project will be undertaken and overtime will be effected to prioritize long outstanding matters.

4. (a) The other 14 offices are not experiencing a backlog in respect of Trust matters.

However, the Cape Town office has a backlog in respect of deceased appointments. This is also as a result of poor management of files and a lack of space to properly store files. This is also being addressed and meetings are to be held with National Archives to ensure the latter takes old files to create space at the various offices.

(b) As stated, a project will be embarking on in Pretoria as well as Cape Town to ensure backlogs are cleared by way of overtime and appointment of casual workers to assist.

(c) It is envisaged that the backlogs will be cleared by the end of March 2020.

5. I have already alluded to the matter during an interview.

31 October 2019 - NW1171

Profile picture: De Villiers, Mr JN

De Villiers, Mr JN to ask the Minister of Justice and Correctional Services

Whether his department incurred any costs related to the (a) inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and (b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case, (i) what costs were incurred and (ii) for what reason?

Reply:

I have been informed that the Department of Justice and Constitutional Development and the Department of Correctional Services did not incur any costs related to the inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and State of the Nation Address held in Cape Town on 20 June 2019.

a) (i) The Office of the Chief Justice incurred the following costs for the Presidential Inauguration on 25 May 2019:

Travel cost:                               R379 867.61

Accommodation and meals:       R392 361.69

Total cost:                                 R772 229.30

The Presidency carried the cost to an amount of R678 104.00 whilst the Office of the Chief Justice carried to an amount of R94 125.30 from its own voted budget.

(ii) the cost incurred was for the travel, accommodation and meals cost for the Judicial Officers attending the event as well as the cost for the logistical support provided by Office of the Chief Justice officials.

(b)(i) The Office of the Chief Justice incurred the following cost for the State of the Nation Address on 20 June 2019:

Travel cost:                        R408 368.27

Accommodation:                R244 308. 00

Total cost:                         R652 676. 27

(ii) The cost incurred was for the travel and accommodation cost for the Judicial Officers attending the event as was as the cost for the logistical support provided by Office of the Chief Justice officials.

30 October 2019 - NW1119

Profile picture: Lorimer, Ms K

Lorimer, Ms K to ask the Minister of Justice and Correctional Services

Whether the Skukuza Regional Court has been closed permanently; if so, (a) from what date and (b) why; 2) (a) what has been the conviction rate achieved in this court, (b) what number of cases of wildlife poaching has the court dealt with in each month since it was established and (c) where will poaching cases that would have been handled by this court be heard in future; 3) will this alternative court be provided with extra capacity; if not, why not; if so, what additional capacity does the alternative courts have; 4) whether he has found that the closure of this court will affect the conviction rate for poaching; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The Skukuza court was originally established by Proclamation on 01 February 1963 as a Periodical Court for the district of White River. With the demarcation of the magisterial districts, it was proclaimed as a periodical court for the district of Bushbuckridge as per notice GG 39601 dated 15 January 2016, and amended by GG 39961 dated 29 April 2016. It was never purposed to be a Regional Court. The Regional Court sessions for cases emanating from the Kruger National Park were originally attended to in the Regional Court in Mbombela. As from March 2017 the cases were moved to be attended to by the Regional Court Magistrate who was appointed for the Regional Court seated in Mashishing and were done in Skukuza by default to create a Regional Court caseload for the mentioned Regional Court Magistrate. Therefore, there was no Proclamation which created Skukuza as a Regional Court. The Court facility in Skukuza doesn’t allow for a Regional court sitting as it is small and it’s not structured to provide Regional Court requisite space. The extension of services to Skukuza by the Regional Court at that stage was to create the work of the Regional Court Magistrate who was appointed at Mashishing and did not have adequate volume of cases to handle.

On 28 August 2019, the court functionaries comprising, amongst others, the Chief Magistrate of Mpumalanga District Court Judiciary and the acting Director of Public Prosecutions, attended a meeting which was convened and chaired by the Mpumalanga Regional Court President, to review the continuation of sessions of the Regional Court in Skukuza. In view of all the considerations regarding inter alia the challenges with the facilities at the Periodical court, the challenge with access to the Skukuza Periodical by members of the public who require permits to attend court and the fact that there is actually no community at Skukuza which the court serves, the meeting resolved to gradually transfer Regional Court cases from Skukuza to Mhala which is a fully serviced Regional Court with a full administrative staff component. The post of the Regional Court Magistrate was transferred from Mashishing to Mhala and there is an experienced Public Prosecutor. The court also has requisite court facilities to properly adjudicate Regional court cases and adequate security for members of public and the Regional court judiciary alike.

It should also be mentioned that the sitting of the Regional Court in a facility that has been meant for a Periodical Court is not supported by law as only the main seats of courts and the branch courts for specified districts were appointed as places of sitting for Regional Courts.

It is worth mentioning though that the Bushbuckridge district court, sitting as the Skukuza Periodical Court will continue to sit and function as a reception court to deal with bail cases and to transfer district court trial cases to Bushbuckridge and the Regional Court cases to Mhala. The latter will accord with the legal status of the court for which it was proclaimed by the relevant Government Gazette Notice.

2. According to the information provided, the Court has dealt with 39 Regional Court cases to date, which include poaching cases, since the default establishment of the Regional Court sessions at Skukuza during March 2017. The Regional court has attained 100% conviction rate on the 39 cases. When averaging the total number of cases and the 30 months’ duration since March 2017, we can safely conclude that on average 39 cases were finalised in 30 months which is on average 1, 3 cases per month.

All the Regional Court poaching cases that were previously attended to at the Skukuza Periodical court will now be dealt with at the Mhala sub-district Court which is adequately furnished, secured and accessible to communities with controlled access to the court building.

3. The Skukuza Periodical court is by its very nature without any permanent capacity. All court functionaries and administrative support staff are drawn from the main court under which the Periodical court falls. The Periodical court doesn’t have an organogram of its own hence the staff of Skukuza court travels daily from their stations with cost implications in respect of travel and subsistence allowances to staff. There is sometimes a need to arrange accommodation for those court functionaries who are travelling for long distances to render services in respect of the court proceedings. The staff who travelled to Skukuza Periodical court to render the necessary support services to the Regional Court sessions will now render their services at their station without the necessity to incur extra costs and spend time on the road. Mhala court is a fully functional court with requisite amenities and facilities including well-furnished court rooms.

4. The management of both the Regional court and District court in Mpumalanga is of the view that the gradual transfer of Regional court cases to Mhala will not affect the conviction rate for poaching. They are of the view that some of the of 39 poaching cases were dealt with at Mhala. It should be noetd that prior the year 2017, these cases were dealt with at White River Magistrate court, then after they were dealt with at Nelspruit Magistrate court, and before 2016 they were dealt with at Mashishing were the Regional Court Magistrate was appointed before the post was moved to Mhala for convenience of handling poaching cases in proximity to Kruger National Park.

There is a popular understanding by all who administer justice in the area (MPU) that due to the convenient and conducive environment at Mhala, the conviction rate will not be affected and there is a likelihood that it will even increase the turnaround time in finalisation of Regional Court cases including the poaching cases.

22 October 2019 - NW885

Profile picture: Breedt, Ms T

Breedt, Ms T to ask the Minister of Justice and Correctional Services

1) What total number of cases of (a) domestic violence and (b) sexual offences were withdrawn by the (i) complainants and/or (ii) National Prosecuting Authority (aa) in (aaa) 2017 and (bbb) 2018 calendar years and (bb) since 1 January 2019; 2) whether he will make a statement on the matter?

Reply:

a) Domestic violence:

I am informed that the National Prosecuting Authority does not keep statistics regarding domestic violence matters. In this regard it is important to mention that domestic violence is an umbrella term for several offences which can be both statutory and common law offences. For example, if a person is convicted of the common law offence of assault on his or her partner, it will be captured as a criminal offence of assault and not as domestic violence.

1. During the years mentioned hereunder a number of persons were in contempt of the protection order issued against him or her in terms of the Domestic Violence Act, 1998 (Act 116 of 1998). The statistics of these withdrawals are as follows:

Domestic Violence - Criminal

Period

Total no. of cases disposed of

  1. Withdrawn Cases

Withdrawal Rate*

aaa) 2017/18

9 782

5 487

56.1%

bbb) 2018/19

10 438

6 174

59.1%

bb) Q1* of 2019/20

3 013

1 780

59.1%

*Q1 = April - June 2019

(Source: National Operations Centre (NOC) at the Department of Justice and

Constitutional Development)

It should be noted that the figures above are projected as financial years rather than normal calendar periods.

Our electronic court systems at this point do not provide for a distinction between withdrawals by the complainant and the prosecutor. A request has been made for the system to be amended so that a new field can be populated to provide such information in the future.

*Withdrawal rate = withdrawn cases against total number of disposed of cases.

b) Sexual offences:  

(i) There are instances where the complainant requests the withdrawal of his/her case, and such cases can be withdrawn in court. However, the data reflecting this number of withdrawals, i.e., only by complainants, is not separately kept but forms part of the total number of withdrawals reflected in paragraph (ii) below.

(ii) The NPA reflects its performance data according to financial years. Accordingly, the number of cases withdrawn in the dedicated sexual offences courts for the financial year April 2018 – March 2019 comprised a total of 98 cases. During the first four months of the financial year 2019/20 (April – July), 44 cases were withdrawn. Data is not available for dedicated sexual offences courts prior to FY2018/19. It must be noted that sexual offence cases are also withdrawn in other courts but we do not have the specific data for withdrawn sexual offences only, because while data is kept on the number of cases withdrawn, this information is not recorded per crime type, but for the total number of the cases withdrawn.

17 October 2019 - NW782

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

(1)(a) What amount was spent on advertising by (i) his department and (ii) state-owned entities reporting to him in the (aa) 2016-17, (bb) 2017-18 and (cc) 2018-19 financial years; (2) what amount of the total expenditure incurred by (a) his department and (b) state-owned entities reporting to him went to (i) each specified black-owned media company and (ii) outdoor advertising in each specified financial year and (c) on outdoor advertising by his department and state-owned entities reporting to him went to each black-owned media company in each specified financial year?

Reply:

1. (a) (i) The Department of Justice and Constitutional Development has spent as follows on media buying, both for communications and recruitment purposes:

(aa) 2016/17: R16 698 783.73

(bb) 2017/18: R13 810 961.04; and

(cc) 2018/19: R13 551 618.69

2. (a) The Department did not procure any outdoor advertising.

A. Entities

1. Legal Aid South Africa

1. Legal Aid SA has spent as follows in relation to advertising:

(aa) 2016-2017: R5 161 672.00;

(bb) 2017-2018: R4 770 938.00; and

(cc) 2018-2019: R3 300 647.00

2. Legal Aid South Africa spent on the following black-owned media companies (in black-owned companies, we considered only B-BBEE Level 1 contributors)

a) (i)

Company

Amount for three financial years

2016/17 - 2017/18

2016/17

2017/18

2017/18

South African Broadcast Corporation

R4 014 859.00

R935 404.00

R1 189 134.00

R1 890 321.00

Vuk’uzenzele (GCIS newspaper)

R46 153.00

R46 154.00

   

Page 82

R48 271.00

R48 271.00

   

Primedia Outdoor

R 887 346.00

R471 242.00

R363 204.00

R52 900.00

JC Decaux

R76 926.00

R76 926.00

   

Thabo Mphelo Films

R17 000.00

R17 000.00

   

VK Branding

R82 500.00

 

R82 500.00

 

Primedia Broadcast

R194 29.00

   

R194 299.00

Total

R5 367 355.00

R1 594 997.00

R1 634 838.00

R2 137 520.00

a) (ii) The table below provides the total amount spent on outdoor advertising:

 

Financial Year

Amount spent on outdoor advertising (Overall)

Amount spent on outdoor advertising

(Black-Owned Media)

(aa)

2016/17

R587 913.00

R519 513.00

(bb)

2017/18

R1 331 713.00

R440 130.00

(cc)

2018/19

R1 471 769.00

R101 170.00

B. Special Investigating Unit (SIU)

1. Please see the summary of information below in respect to the total amount spent on advertising by the SIU:

(a) (ii) (aa) 2016-17 – R 329’886.00

(bb) 2017-18: R228’476.00

(cc) 2018-19: R729’009.00

2. Total amount of the total expenditure incurred by the SIU went to each specified black-owned media company as tabulated below:

ii) The SIU does not do any outdoor advertising.

C. National Prosecuting Authority (NPA)

1. (a) The breakdown per year for advertising by the NPA is as follows:

 

2016/17

2017/18

2018/19

Advert: Marketing

R627 000.00

-

R34 431.00

Advert: Tenders

R776.96

R250.00

 

Total

R627 776.96

R250.00

R34 431.00

2. The table below provides the supplier details of all payments, however there was no spend on outdoor advertising:

Financial Year

Supplier details

Amount

BEE Level

At Least 51% Black Owned

At Least 51% Black Woman Owned

At Least 51% Black Youth Owned

2016/17

GCIS

R627 000.00

Government Department

2016/17

Government Printing Works

R776.96

Government Department

2017/18

Government Printing Works

R250.00

Government Department

2018/19

African Directory Service

R34 431.00

1

Yes

No

No

Total

R662 457.96

       

1.(a)(i) The Office of the Chief Justice spent the below amounts on advertising in the following financial years:

  1. (aa) R1 066 871 in the 2016/17 financial year;
  2. (bb) R1 702 403 in the 2017/18 financial year; and
  3. (cc) R1 724 150 in the 2018/19 financial year.

2. (a)(i) The Office of the Chief Justice (i) spent the amounts listed below to companies owned by previously disadvantaged individuals (Black, Coloured and Indian) as follows:

 

2016/17

2017/18

2018/19

No

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

1

Basadzi Personnel CC

(Advert Recruitment)

R94 017.09

Amcomms The-Can-Do Company

(Advert Recruitment)

R152 152.20

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R208 612.31

2

Harriet Dimakatso Multimedia

(Advert Recruitment)

R41 372.43

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R29 464.84

Hermes Communications Solutions

(Advert Recruitment)

R20 645.15

3

Letsatsi Konnexion Centre

(Advert Promotional Items)

R 92 000.00

Hermes Communications Solutions

(Advert Recruitment)

R52 488.79

Kone Staffing Solutions

(Advert Recruitment)

R155 230.91

4

Magauta Recruitment & Placement

(Advert Tenders)

R13 520.40

Indaba Global Travel

(Advert Promotional Items)

R81 106.18

Magauta Recruitment and Placement

(Advert Recruitment)

R123 744.60

5

Pagliari

(Advert Promotional Items)

R36 519.90

Jackstar Traders

(Advert Recruitment)

R84 896.02

Moshate Media

(Advert Recruitment)

R328 426.47

6

SPS Advertising and Marketing

(Advert Promotional Items)

R182 216.46

KNTE (PTY) (LTD)

(Advert Promotional Items)

R57 548.00

Seriti Printing Digital

(Advert Promotional Items)

R6 848.22

7

Human Communications

(Advert Recruitment)

R30 408.73

Kone Staffing Solutions

(Advert Recruitment)

R80 798.64

SPS Advertising and Marketing

(Advert Promotional Items)

R55 165.50

8

Leopard Rock Office Supplies

(Advert Promotional Items)

R348 344.96

Magauta Recruitment and Placement

(Advert Recruitment) & (Advert Marketing)

R193 594.80

Core Marketing Solutions

(Advert Promotional Items)

R283 974.68

9

Madiba Promotions

(Advert Boards)

R8 977.50

Phaahlana-Mahlako Media Printing

(Advert Promotional Items)

R181 490.40

Human Communications

(Advert Recruitment) & (Advert Tenders)

R74 455.43

10

M R G Graphics

(Advert Marketing)

R81 777.44

African Directory Services

(Advert Promotional Items)

R11 397.15

Madiba Promotions

(Advert Promotional Items)

R272 688.00

11

   

Human Communications

(Advert Recruitment)

R34 992.43

Seriti Printing Digital

(Advert Promotional Items)

R7 127.73

12

   

Shaneal Distributors

(Advert Promotional Items)

R1 500.00

Jetline Midrand

(Advert Promotional Items)

R20 261.88

13

   

Highbury Media

(Advert Marketing)

R3 418.86

   

14

   

Kaqala Media

(Advert Marketing)

R71 250.00

   

Total

10

R1 066 871

14

R1 702 403

12

R1 724 150

(2) (a)(ii) The Office of the Chief Justice did not procure outdoor advertising during the specified financial years, therefore, question 2 (c) will not be applicable.

17 October 2019 - NW190

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Justice and Correctional Services

With reference to the reply of the former Minister of Justice and Correctional Services to question 3097 on 15 November 2018, what is the status of CAS 133/10/2015 opened at the Orlando Police Station since its submission for prosecution in July 2018; 2) whether any arrests have been made to date; if not, why not; if so, what are the relevant details; 3) whether a certain person (details furnished) has been found to have interfered in any way with the investigation into the specified case; if not, what is the position in this regard; if so, what are the relevant details; 4) whether the complainant has been informed of the status of the investigation into the specified case; if not, why not; if so, what are the relevant details?

Reply:

  1. The docket was re-submitted to the prosecution on 28 October 2018 with investigations still outstanding. A supplementary docket which was opened in November 2018, is seemingly a counter charge relating to an instance of alleged fraud. The new Investigating Officer assigned to the case has advised the Chief Prosecutor that there is a corruption docket opened, but this has not yet been submitted.
  2. No arrests have been made, as the matter is still under investigation.
  3. The Chief Prosecutor is not in a position to respond on the allegation of interference against the station commander of Orlando Police Station as she has not had sight of the corruption docket.
  4. The matter is still being investigated by Investigating Officer at the South African Police Service and they are responsible for liaising with the complainant and provide status updates on the matter. It is therefore recommended that the Honourable Member approach the Minister of Police in this Regard.

17 October 2019 - NW634

Profile picture: Mente-Nqweniso, Ms NV

Mente-Nqweniso, Ms NV to ask the Minister of Justice and Correctional Services

Whether a certain person (details furnished) is an employee of the department at Mqanduli Correctional Centre or Bizana Correctional Centre; if so, in each case, (a) has he received an employment letter, (b) was he promoted from general nurse to clinical nurse, (c) was his salary adjusted to reflect this promotion and (d) has he been receiving payslips?

Reply:

Yes the mentioned person is an employee of the department at Mqanduli Correctional Centre at Mthata Management Area.

a) Yes.

b) Yes.

c) Yes.

d) No.

17 October 2019 - NW643

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional ServicesWhat total amount has been spent on the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State since it was established.REPLY A total of R330,070 million has been spent up to 31 July 2019

Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Reply:

A total of R330,070 million has been spent up to 31 July 2019:

Financial Year

Expenditure

R’000

2018/19

244,573

2019/20 as at 31 July 2019

85,496

Total Spent

330,070

 

b) Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Supplier

Amount Paid

 

Supplier

Amount Paid

Business Furniture Solutions

R           194,062

 

Esizwe Group

451,030

Metro (Pty) Ltd

R          198,731

 

Mvula Computer Network

87,910

Ibhubesi

R              51,740

 

Konica Minolta

183,690

Tiso Black Star

1,824,436

 

Travel with Flair

445,517

Tina fusion

R                1,500

 

Government Printing Works

129,880

Krost Shelving

R              55,884

 

EMS

150,750

Elle Promotions

R              35,625

 

Exclusive Book

1,585

Perfect Transcribers

R                8,980

 

PC Palace

1,561

Accura

669,560

 

Buddulphus

14,933

Multimedia Xpress

816,172

 

Thfheembilu Suppliers

10,000

 

The names of suppliers paid by National Treasury on behalf of the State Capture Commission cannot be disclosed due to the secrecy and sensitivity of the activities performed by the Commission. The number of companies/ individuals and total paid todate is indicated in the table below:

No.

Services Provided

No of Service Provided

Amount Paid to date

1.

Digital Forensic Team

23

R38,208,176

2.

Core Investigation Team

10

R50,447,744

3.

Information Management Team

11

R14,816,571

4.

Research Hub

8

R5,283,458

5.

Digital Support Team

4

R642,437

6.

Investigation Team

45

R48,015,130

7.

Call Centre Team

3

R2,168,448

8.

Legal Centre

3

R545,000

Total Consultant Services

107

R160,126,964

9.

Communications & Software

3

R370,012,203

10

Substance & Travel Expenses

2

R243,178

11.

IT Consumable

1

R34,152

12.

Machinery & Equipment

1

R51, 944,472

13.

Security Services

1

R321, 793

Total other expenditure

8

R89,555,798

Total Expenditure to date

 

R249,682,762

Payments to Legal Counsel:

Counsel

No. Appointments

Amount Paid to date

Senior Counsel

5

R31 462, 788

Junior Counsel

7

R12, 738,305

Total

12

R42,201, 092,81

17 October 2019 - NW669

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What (a) is the total number of current vacancies for (i) presiding officers and (ii) court officials in (aa) lower and (bb) higher courts in each province and (b) are the details of the (i) position and (ii) date in which each position became vacant in each case?

Reply:

(a) (i) (aa) As at 17 September 2019, the total number of vacancies for Presiding

Officers (Magistrates) in the lower courts is 426, comprising Regional, Senior and entry level District Court Magistrates. The number of vacancies, disaggregated, is as follows:

  1. There are 367 entry level magistrates’ vacancies, of which 210 have already been recommended by the Magistrates Commission to be filled after all recruitment processes have been completed. I have received a memorandum regarding the recommended filling of these posts which is currently receiving consideration. The remaining 157 vacant posts of entry level magistrates will be advertised by December 2019/January 2020;
  2. There are 27 senior magistrates’ vacancies, which were advertised in June 2019. The recruitment processes regarding these vacancies are already in progress;
  3. There are 29 regional magistrates’ vacancies. These posts were advertised in June 2019 and the recruitment processes are already in progress; and
  4. There are also three (3) regional magistrates’ posts that became vacant recently. (In this regard, Mr Xolo from Eshowe Magistrate’s Court passed away on 11 September 2019; Mr Lubuzo from Madadeni Magistrate’s Court passed away on 12 July 2019; and Mr Erasmus from the Port Elizabeth Magistrate’s Court retired on 1 September 2019).

At this stage, I am unable to provide the dates when each of the magistrates’ posts became vacant in view of the substantial number of vacancies as the information will need to be sourced country-wide per vacancy from the various courts. The majority of these vacancies mentioned above became vacant after March 2018 when the previous advertisement for vacancies was compiled.

(a) (ii) (aa) The total number of current vacancies for court officials (administration posts) in the lower courts in each province is as follows:

The table below provides a summary of funded vacancies as at 6 September 2019:

Regions

Number of Funded Vacancies

Eastern Cape

91

Free State

28

Gauteng

62

KZN

52

Limpopo

57

Mpumalanga

31

North West

47

Northern Cape

20

Western Cape

75

Grand Total

463

The total number (463) of vacant administration posts in the lower courts can be disaggregated as follows:

  • A total of 139 vacant positions have been vacant for a period of less than 90 calendar days or less from the date that the position became vacant.
  • A total of 101 have been vacant for a period of 91 and 180 calendar days.
  • A total of 132 funded vacant positions have been vacant for a period of 181 to 360 calendar days.
  • A total of 91 funded positions have been vacant for a period longer than 361 days.

Table 1: Presiding Officers

(a) The total number of current vacancies for (i) presiding officers at the Higher Court is currently at 36;

(bb) the 36 vacancies are in 21 Location/Service Centres of 7 Superior Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court

(a) Total number of current vacancies

(a) (i) Presiding officers

(a) (aa)Lower Courts in each province 

(a) (bb) Location/Service Centres of 7 Superior Courts in each province 

(b) (i) Details of the positions

(b) (ii) Date in which each position became vacant

Constitutional Court

1

1

0

1

Judge (x1)

20.08.2019

Supreme Court of Appeal

2

2

0

1

Judge (x2)

01.07.2019

22.07.2019

Northern Cape Division (Kimberley)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

18.09.2017

Eastern Cape Division (Grahamstown)

3

3

0

4

Judge (x3)

03.03.2017

01.06.2019

30.08.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Judge (x2)

22.12.2018

21.01.2019

Eastern Cape Local Division (Bhisho)

1

1

0

 

Judge (x1)

07.11.2017

Eastern Cape Local Division (Mthatha)

1

1

0

 

Judge(x1)

03.09.2018

Western Cape Division (Cape Town)

1

1

0

1

Judge (x1)

01.06.2018

North West Division (Mahikeng)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

16.04.2019

Free State Division (Bloemfontein)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

01.12.2018

28.07.2019

Gauteng Division (Pretoria)

4

4

0

2

Judge (x4)

02.01.2018

01.06.2018

16.06.2018

12.05.2019

Gauteng Local Division (Johannesburg)

3

3

0

 

Judge (x3)

01.08.2018

01.02.2019

10.06.2019

Limpopo Local Division (Thohoyandou)

0

0

0

2

n/a

n/a

Limpopo Division (Polokwane)

1

1

0

 

Deputy Judge President (x1)

01.06.2019

Mpumalanga Division (Nelspruit)

8

8

0

1

Deputy Judge President (x1)

Judge (x7)

21.12.2018

KwaZulu-Natal Division (Pietermaritzburg)

1

1

0

2

Judge (x1)

01.06.2019

KwaZulu-Natal Local Division (Durban)

0

0

0

 

n/a

n/a

Labour Court

2

2

0

4

Deputy Judge President (x1)

Judge (x1)

18.09.2017

21.05.2019

Total

36

36

0

21

36

n/a

 

Table 2: Court Officials

(a) The total number of current vacancies for (ii) Court Officials in the Higher Court is currently at 130;

(bb) the 130 vacancies are in 21 Higher Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court

(a) Total number of current vacancies

(a) (ii) Court Officials

(a) (aa)Lower Courts in each province 

(a) (bb) Higher Courts in each province

(b) (i) Details of the positions

(b) (ii) Date in which each position became vacant

Constitutional Court

4

4

0

1

Law Researcher (x2)

31.12.2018

28.02.2019

         

Judge’s Secretary (x 1)

28.02.2019

         

Security Officer (x1)

01.01.2019

Supreme Court of Appeal

6

6

0

1

Office Manager (x1)

01.01.2019

         

Assistant Director: Library Services (1)

31.12.2018

         

Deputy Director: Auxiliary Services (1)

14.12.2018

         

Librarian (1)

01.08.2019

         

Judge’s Secretary (x2)

02.07.2019

18.07.2019

Northern Cape Division (Kimberley)

3

3

0

1

Administration Clerks (Dcrs) (x1)

01.01.2019

         

Chief Registrar (x1)

01.01.2019

         

Senior Court Interpreter (x1)

31.03.2019

Eastern Cape Division (Grahamstown)

6

6

0

4

Administration Clerk (x2)

01.11.2018

           

01.07.2019

         

Chief Registrar (x1)

31.07.2019

         

Registrar (x1)

01.08.2019

         

Register’s Clerk (x1)

01.11.2018

         

Typist (x1

01.07.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Court Manager (x1)

01.06.2019

         

Judge’s Secretary (x1)

30.06.2019

Eastern Cape Local Division (Bhisho)

5

5

0

 

Administration Clerk (x1)

30.11.2018

         

Judge’s Secretary (x1)

30.06.2019

         

Messenger (x1)

01.04.2019

         

Senior Court Interpreter (x1)

01.04.2019

         

Statistical Officer (x1)

31.03.2019

Eastern Cape Local Division (Mthatha)

6

6

0

 

Administration Clerks (Dcrs) (x1)

06.01.2019

         

Registrar (x1)

31.12.2018

         

Registrar’s Clerk (x1)

31.03.2019

         

Telecom Operator (x1)

01.09.2018

         

Typist (x1)

31.05.2019

         

Usher Messenger ii (x1)

31.12.2018

Western Cape Division (Cape Town)

12

12

0

1

Administration Clerk (x1)

16.04.2019

         

Judge’s Secretary (x2)

31.07.2019

           

31.05.2019

         

Law Researcher (x1)

14.04.2019

         

Registrar (x3)

31.12.2018

           

01.01.2019

           

01.03.2019

         

Registrar’s Clerk (x1)

30.07.2019

         

Senior Court Interpreter (x1)

31.03.2019

         

Senior Foreman: Caretaking Services (x1)

31.05.2019

         

Usher Messenger ii (x2)

29.03.2019

           

30.06.2019

North West Division (Mahikeng)

8

8

0

1

Administrative Officer (x1)

28.02.2019

         

Court Interpreter Principal (x1)

31.01.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Librarian (x1)

31.07.2019

         

Registrar (x1)

01.01.2019

         

Chief Registrar (1)

30.11.2019

         

Registrar’s Clerk (x1)

30.04.2019

         

Registry Clerk (x1)

01.12.2018

Free State Division (Bloemfontein)

6

6

0

1

Administration Clerks (Dcrs) (x1)

10.06.2019

         

Judge’s Secretary (x1)

31.07.2019

         

Law Researcher (x1)

27.02.2019

         

Registrar (x2)

01.02.2019

           

01.11.2018

         

Registrar’s Clerk (x1)

31.07.2019

Gauteng Division (Pretoria)

14

14

0

2

Registrar Chief (x1)

31.05.2019

         

Administration Clerks (Dcrs) (x1)

01.06.2019

         

Judge’s Secretary (x4)

31.05.2019

           

31.05.2019

           

28.02.2019

           

01.05.2019

         

Library Assistant (x2)

31.03.2019

           

30.04.2019

         

Registrar (x1)

28.02.2019

         

Registrar’s Clerk (x1)

30.06.2019

         

Secretary (x1)

31.03.2019

         

Typist (x2)

17.06.2019

           

01.05.2019

         

Usher Messenger ii (x1)

11.02.2019

Gauteng Division (Johannesburg)

10

10

0

 

Administration Clerk (x1)

01.06.2019

         

Judge’s Secretary (x2)

01.05.2019

           

30.06.2019

         

Senior Court Interpreter

31.01.2019

         

Office Manager (x1)

01.05.2019

         

Registrar (x1)

01.07.2017

         

Registrar’s Clerk (x2)

30.04.2019

           

11.04.2019

         

Typist (x1)

02.04.2019

         

Typist Chief (x1)

31.12.2018

Limpopo Local Division (Thohoyandou)

2

2

0

2

Registrar’s Clerk (x1)

31.12.2018

         

Registrar

31.12.2019

Limpopo Division (Polokwane)

0

0

0

 

n/a

n/a

Mpumalanga Division (Nelspruit)

16

16

0

1

Office Manager (x1)

01.06.2018

         

Assistant Director: Administration (x1)

01.06.2018

         

Librarian (x1)

01.01.2019

         

Registrar (x2)

30.06.2019

           

31.07.2019

         

Registrar’s Clerk (x8)

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

         

Secretary (x1)

01.06.2018

         

Senior Court Interpreter (x1)

01.06.2018

         

Telecom Operator (x1)

27.06.2019

KwaZulu-Natal Division (Pietermaritzburg)

6

6

0

2

Court Interpreter Principal (x1)

01.12.2018

         

Data Capturer (x1)

01.08.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Registrar (x1)

10.12.2018

         

Senior Court Interpreter (x2)

01.06.2019

           

01.08.2019

KwaZulu-Natal Local Division (Durban)

11

11

0

 

Administration Clerk (x2)

01.03.2019

           

01.08.2019

         

Law Researcher (x1)

31.12.2018

         

Registrar’s Clerk (x3)

31.03.2019

           

01.01.2019

           

25.02.2019

         

Senior Court Interpreter (x1)

01.01.2019

         

Typist (x1)

30.04.2019

         

Usher Messenger ii (x3)

31.01.2019

           

01.02.2019

           

11.02.2019

Labour Court

13

13

0

4

Administration Clerk (x3)

01.08.2019

           

01.02.2019

           

11.02.2019

         

Deputy Director: Administration (x1)

01.07.2019

         

Food Service Aid ii (x1)

01.08.2019

         

Judge’s Secretary (x3)

01.03.2019

           

01.03.2019

           

31.01.2019

         

Usher/Messenger (x1)

01.03.2019

         

Registrar (x2)

01.12.2018

           

18.06.2019

         

Registrar’s Clerk (x2)

31.03.2019

           

31.05.2019

Total

130

130

0

21

130

 

 

17 October 2019 - NW831

Profile picture: Lorimer, Ms K

Lorimer, Ms K to ask the Minister of Justice and Correctional Services

What number of convictions have been secured for the (i) poaching of and (ii) illegal use of wildlife in each month since 1 September 2016, (b) what are the details of the convictions and (c) in which magisterial division was each conviction secured?

Reply:

a) (i) The National Prosecuting Authority (NPA) monitors and records prosecutions on

cases relating to the killing or attempted killing or injuring of a rhino in order to dehorn it, the possession, transportation, dealing in (trading) and importing or exporting of rhino horn without a legitimate permit. This also includes all incidents where the accused are found to be trespassing where rhinos are being kept whilst being in possession of any instrument capable of removing a horn, under circumstances where the only reasonable inference to be drawn is the death or injury of the rhino, in order to obtain its horn.

(ii) The NPA does not record statistics on illegal use of wildlife.

The table below contains information regarding the convictions over the specified period. A total of 199 convictions were secured from 210 verdict cases, representing a conviction rate of 94.8%. A total of 314 accused were convicted.

FINANCIAL YEAR

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

TOTAL VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

2016/17

26

1

27

96,3%

39

2017/18

95

7

102

93,1%

153

2018/19

62

3

65

95,4%

97

2019/20

16

0

16

100,0%

25

Grand Total

199

11

210

94,8%

314

b) More details of the 199 convictions are not readily available apart from the fact that 314 accused were involved in the 199 cases and convicted during this reporting period.

c) The convictions were obtained in the divisions set out below with the majority (101) being secured in the Mpumalanga Division.

DIVISION

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

Eastern Cape Division

1

0

1

100,0%

3

Eastern Cape Division - Mthatha

0

0

0

0.0%

0

Free State Division

1

0

1

100,0%

1

Gauteng Division: Provincial

8

2

10

80,0%

14

Gauteng Local Division

22

2

24

91,7%

34

Kwa-Zulu Natal Division

17

2

19

89,5%

25

Limpopo Division

31

1

32

96,9%

49

Mpumalanga Division

101

0

101

100,0%

160

Northern Cape Division

1

1

2

50,0%

0

North West Division

14

3

17

82,4%

25

Western Cape Division

3

0

3

100,0%

3

Grand

199

11

210

94,8%

314

17 October 2019 - NW874

Profile picture: Powell, Ms EL

Powell, Ms EL to ask the Minister of Justice and Correctional Services

(a) What is the current status of the investigation by the Special Investigating Unit into the R3,5 billion bulk water supply tender to address the water situation in Giyani, Limpopo, and (b) by what date does he expect the (i) specified investigation to be concluded and (ii) findings of the investigation to be made public?

Reply:

a) I am informed by the Special Investigating Unit Head that the Special Investigating Unit (SIU) has presented an Interim Report to the Presidency on 31 October 2018 setting out the findings thus far in relation to Proclamation No. R22 of 2016. The SIU has also already taken civil action against the service providers, per Notice of Motion. The Application was issued on 26 November 2018 out of the Limpopo Division of the High Court, Polokwane. The SIU is seeking to have the appointment of LTE Consulting (Pty) Ltd and contract awarded, declared unlawful and invalid ab initio, and set aside by a court of law.

Furthermore, the SIU is seeking that the court grants an order which is just and equitable. The value of the contract is approximately R2,5 billion. The litigation is ongoing.

In addition to the civil action taken by the SIU, the SIU has also referred evidence in two criminal matters to the National Prosecuting Authority against two officials at the Lepelle Northern Water (LNW) Agency. Disciplinary referrals in respect of these two officials were also handed to the then Chairperson of the LNW Board. A further outcome was the referral of evidence to the Construction and Industry Development Board (CIDB) relating to a contravention of the CIDB Act.

b) (i) The SIU is conducting a value for money investigation which is ongoing. In addition to this, the scope of the SIU's investigation has been increased by the extension of the proclamation to include further allegations of maladministration and corruption related to this tender.

(ii) The SIU will, in terms of its legislation, present its findings to the President in the final Presidential Report. It will then be the President's discretion to make a decision whether to or not release the report.

17 October 2019 - NW883

Profile picture: Wessels, Mr W

Wessels, Mr W to ask the Minister of Justice and Correctional Services

Whether, with reference to the reply of the former Minister to question 3669 on 11 December 2018, the backlog in the Pretoria offices of the Master of the High Court has been cleared; if not, (a) why not, and (b) by what date is it expected to be cleared; 2) Whether he will make a statement on the matter?

Reply:

1(a) Currently, the Office of the Master of the High Court, Pretoria has a backlog in respect of Trusts. The reason is that since January 2019, it has been ascertained that 45 000 Trust files are missing. This has been caused by a storm that occurred when the files were still stored at Docufile and the roof of the facility was blown off which left many files being destroyed. The office, after removal of the files to Metrofile, has established a new database, and after diligent searches in the office, has now indicated that approximately 45 000 files are unaccounted for. This has also led to a backlog as dummy files need to be opened. However, this is exacerbated by the fact that before 2013, files were not kept on an automated system and clients do not have copies of all documents to open dummy files.

(b) The office, together with stakeholders, is trying their utmost best to address this backlog, and will be working overtime in the next three (3) months.

2. No.

17 October 2019 - NW948

Profile picture: Lorimer, Ms K

Lorimer, Ms K to ask the Minister of Justice and Correctional Services

(a) What number of vacancies currently exist at the Master of the High Court in Johannesburg, (b) which positions are vacant and (c) how long has each position been vacant; 2) whether the Master of the High Court uses a biometric system to clock working hours of the staff; if not, why not; if so, is the system operational; 3) what are the daily working hours of the staff of the Master of the High Court; 4) (a) what number of (i) files did the Master of the High Court lose in each of the past five years and since 1 January 2019 and (ii) dummy files are currently open and (b) why are all files not tracked manually and/or electronically; 5) What number of staff members of the Master of the High Court (a) faced disciplinary action for non-performance in each of the past five years and since 1 January 2019 and (b) have been dismissed as a consequence?

Reply:

1) (a) The number of vacant posts which exist in the office of the Master in Johannesburg is 3.

(b) The following positions are vacant: 1 x Librarian post; 1 x Estate Controller post and 1 x Senior Provisioning Administration Officer post.

(c) These positions have been vacant as follows:

Librarian post since 1 April 2019;

Estate Controller since 1 May 2019; and

Senior Provisioning Administration Officer since 1 May 2019. All 3 (three) posts have been advertised and are in the process of being filled.

2. The Master, Johannesburg had a biometric system in place to clock working hours, however the system has not been operational for the past 3 years due to the fact that when it was installed, it was running on the network and the office was advised by the Department’s IT division to remove it from the network system as it was affecting the network speed.

For the system to operate functionally, it is necessary to install a separate CPU. This is however costly and budget constraints do now allow for it in the current financial environment. The office has started the process of procuring a new system which will be able to carry the office capacity and it budget allows, it will be installed in the 2020/2021 financial year.

3. The daily working hours for the office of the Master of the High Court Johannesburg is 07h45 to 16h15. However, the office assists members of the public until 13h00 in order for the office to attend to processing clients who are still waiting to be attended to, and to allow the office to perform other administrative duties such as attending to new correspondence, filing, drawing of posts and the examination of liquidation and distribution accounts. These activities cannot be attended to during the day and during the time officials have to attend to the clients or members of the public.

However, no client is sent away if urgent assistance is needed after 13h00.

4. The Master of the High Court Johannesburg does not keep record of the number of files that have gone lost for the past five years, nor of the dummy files opened. Each section decides how best it can dispose of the matter when a file cannot be located for a period of not less than two weeks and depending on the urgency of the matter. However, ordinarily the office does not encourage the opening of dummy files unnecessarily. The manual system of tracking files in the office has proved to be inadequate and during the period 2010/2011, the office investigated the possibility of introducing an electronic system of tracking the files, but this was costly to implement. The office has once again embarked on keeping proper manual registers.

5. There is no official in the office of the Master of the High Court, Johannesburg which has (a) faced disciplinary action for non-performance in each of the past five years and since 01 January 2019 (b) nor is there anyone who has been dismissed as a consequence thereof.

17 October 2019 - NW1015

Profile picture: Selfe, Mr J

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

Whether all sentenced offenders are provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998; if not, (a) why not and (b) what steps are being contemplated to keep sentenced offenders active during a normal working day; if so, what are the relevant details?

Reply:

Not all sentenced offenders can be provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998.

a) Offenders such as those with further charges, disabilities and sentenced children are exempted from performing work. Offenders are allocated work activities by Case Management Committees (CMC) considering the offenders security risk classification.

b) The department is continuously making an effort for sentenced offenders to be provided not only with work but also the following daily activities:

  • Educational programmes;
  • Skills development programmes
  • Sports, recreation, arts and culture (SRAC)
  • Agriculture and;
  • Production workshops

17 October 2019 - NW1049

Profile picture: Hendricks, Mr MGE

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

(1) what progress has been made to give effect to the Constitutional Court ruling which ordered an amendment to section 136 (1) of the Correctional Services Act, Act 111 of 1998, to allow a parole period for inmates to start from the day of the commission of a crime instead of the date of sentencing. (2)whether the amendment will meet the deadline given that there are only 18 months left to comply with the ruling of the court?

Reply:

1. A process to consider qualifying offenders for possible placement on parole in line with the Phaahla judgement was initiated in June 2019. Offenders who qualify are identified and prepared for consideration ensuring that their consideration date is advanced according to different categories of sentences.

The policy provides that all offenders are subjected to the necessary interventions and rehabilitation programmes in line with their Correctional Sentence Plan (CSP). Qualifying offenders will be considered when they become due for consideration for placement, as not all of them qualify immediately and at the same time.

2. It must be noted that the judgement does not state as indicated in paragraph (1) of the question, in fact the judgement says the parole regime applicable at the time of commissioning the offence shall be applicable to determine when an offender shall become eligible for the first time to be considered for placement on parole. The process of amending section 136 (1) of the Correctional Services Act of 111 of 1998 has been initiated and the department will do its utmost to comply with deadline.

17 October 2019 - NW746

Profile picture: Gumbi, Mr HS

Gumbi, Mr HS to ask the Minister of Justice and Correctional Services

Whether his department hosted any event and/or function related to its 2019 Budget Vote debate; if so, (a) where was each event held, (b) what was the total cost of each event and (c) what is the name of each person who was invited to attend each event as a guest; (2) whether any gifts were distributed to guests attending any of the events; if so, (a) what are the relevant details of the gifts distributed and (b) who sponsored the gifts?

Reply:

The Department of of Justice and Constitutional Development (DoJ&CD) has informed me as follows:

1. The DoJ&CD did not host any event/function during its 2019 Budget Vote debate. However, it only arranged a holding area to accommodate guests who arrived before the tabling of the Budget Vote.

(a) The holding area was arranged within the Parliament Precinct (Palm Court, Marks Building Restaurant)

(b) The total cost of refreshments for the holding area was R4 400.00

(c) The guest list with names of invited stakeholders is attached as Annexure A, on this regards not all the guest on the list attended.

2. There were no gifts distributed to the guests.

3. The Department of Correctional Services did not host any event in relation to 2019 Budget Vote Debate.

15 October 2019 - NW483

Profile picture: Selfe, Mr J

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

(1) By what date will he introduce amending legislation to section 136(1) of the Correctional Services Act, Act 111 of 1998, as ordered by the Constitutional Court in its judgement in the case of Phaahla v. Minister of Justice and Correctional Services, CCT 44/18 [2019] ZACC 18 in Parliament; (2) Whether (a) he and/or (b) his department has considered the implications of the specified judgement; if not, in each case, why not; if so, what are the relevant details of his and the department’s findings in this regard?

Reply:

(1) A draft amendment of the section 136(1) of the Correctional Services Act 1998 (Act No. 111 of 1998) has been initiated. Thereafter, the due process of legislative amendment will be complied within the 24 months time-frame set by the Constitutional Court. A process to identify eligible offenders has also been initiated.

(2) (a) and (b)

Yes, the Department has considered the implications of the judgment. An action plan to implement the judgment has been developed. An audit of the implications on offenders affected by the judgement has been conducted and preliminary findings indicate that:

i) Minimum detention periods of lifers and offenders serving fixed sentences to be reviewed,

ii) Offenders who are eligible to benefit from the judgment should be subjected to relevant rehabilitation and correctional programmes and considered as and when they become due or reached their minimum detention period.

15 October 2019 - NW445

Profile picture: Mulder, Dr CP

Mulder, Dr CP to ask the Minister of Justice and Correctional Services

What are the reasons that vocational training received by prisoners in the correctional system is not accredited by sector education and training authorities (seta);

Reply:

  1. The Department of Correctional Services offers access to Technical Vocational Education and Training (TVET) College Programmes in partnership with Department of Higher Education and Training (DHET), and receives funding from various Sector Education and Training Authorities (SETAs) , e.g. SASSETA and the National Skills Fund (NSF) to address training needs of offenders.

DCS is currently having the following accredited training centres for offenders in the following Regions:

ACCREDITED: OFFENDER TRAINING FACILITIES AND WORKPLACES

Region

Management Area/ Correctional Centre

Name of accredited Programme

Date of accreditation

Name of SETA

Gauteng

Gauteng

Boksburg Steel Workshop

Welding Application and Practice

15/01/2015

Manufacturing, Engineering and Related Services Sector Education and Training Authority (MERSETA)

 

Boksburg Wood Workshop

Furniture Making: Wood

15/01/2015

Fibre Processing & Manufacturing SETA

(FP&M SETA)

 

Kgoši Mampuru II

Welding Application and Practice

26/10/2016

MERSETA

   

Automotive Repair and Maintenance

15/01/2015

MERSETA

   

Furniture Making: Wood

11/04/2018

FP&M SETA

Free State/ Northern Cape

Tswelopele Motor Mechanic Workshop

Automotive Repair and Maintenance

10/12/2015

MERSETA

Kwa-Zulu Natal

Durban Westville Textile Workshop

Textile

05/05/2016

FP&M SETA

 

Pietermaritzburg

Welding Application and Practice

14/06/2017

MERSETA

(2) Yes, the Department is in the process of increasing the number of accredited offender training Centres.

(3) The decision to make a statement will be made by the Honourable Minister.

15 October 2019 - NW579

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

(1) Has he been informed about the plight of the workers at SA Custodial Management and Kensani Corrections Management who were in a public private partnership with SA Custodial Services and the Department of Correctional Services (workers did not receive benefits between 2002-2006 and did not see their Workers Pension Contributions invested between 2001-2004 including monthly benefits owed to workers for the period of 2002-2015); if not, what steps will he take to ensure that the workers receive what they are owed; if so, what steps has he taken to ensure that the workers are fairly compensated; (2) Whether he will be conducting an investigation into the matter; if not, why not; if so, (3) Whether the culpable parties be criminally prosecuted; if not, why not; if so, what are the relevant details?

Reply:

1. Yes, the Department of Correctional Services is aware of labour related dispute between the Contractor and its employees.

The department signed a Public Private Partnership agreement with the Contractor South African Custodial Services (“the Contractor”) on 11 August 2000 to design, construct, operate, maintain and finance of a prison for 3024 bed spaces at Makhado (Louis Trichardt). The Contractor, South African Custodial Services commenced with operations on 16 February 2002 and the agreement will end on 15 February 2027.

In order to resolve the plight of the workers of SA Custodial Management and Kensani Corrections Management, a legal opinion was sought on 15 June 2015 from the departmental Legal Services. In brief, the legal opined that the remuneration of Contractor’s employees must be in line with the Concession Agreement entered into between the parties.

On 15 July 2015, the department further conducted an audit report on the remuneration and conditions of employment at the institution.

Amongst others, the recommendations of the audit report to the Contractor included:

  1. Development and approval of remuneration framework for all occupation categories;
  2. Use of correct translation keys into occupational specific dispensation; and
  3. Consistency in determining and paying remuneration.

2. As a result of failure by the Contractor to implement the recommendations of the audit report, the Union for Police, Security and Corrections Organisation on behalf of employees of the Contractor took the pension fund dispute to court. The notice of set down date is not yet confirmed.

3. Not applicable.

11 October 2019 - NW872

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Justice and Correctional Services

Has any of the fruitless and wasteful expenditure incurred by the Department of Justice and Constitutional Development in the 2017-18 financial year been recovered from the relevant officials; if not, why not; if so, what are the relevant details?

Reply:

Approximately 2 645 cases amounting to R13 million was reported as fruitless and wasteful expenditure in the 2017/18 financial year. The Department of Justice and Constitutional Development has resolved 2 110 cases to the value of R11.1 million in that some of the amounts were recovered whilst in other cases it was determined after an investigation that it was not due to the fault of the official, for example a change in the programme outside the control of the official.

WHY NOT:

(a)The outstanding amount of R1.9 million that is currently the balance on the Fruitless and Wasteful Expenditure Register for all years includes storage fees for the Mpumalanga High Court Building that should be resolved during this financial year; and

(b) No-show penalties valued at R845 000.00 that must still be resolved.

The National Prosecuting Authority has also reported fruitless expenditure cases in the following categories during 2017/18:

Category

Number of cases

Amounts involved

Action Taken

No Shows

9

R17 486.29

R12 842.20 is currently in the process of being recovered from 9 officials

 

3

R4 644.09

Three officials are disputing the debt and the cases have been referred for additional information.

AFU curator fees

(Possible fruitless expenditure)

-

R47 325 577.49

Still under investigation

11 October 2019 - NW864

Profile picture: Mhlongo, Mr P

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

Did the National Prosecuting Authority investigate whether the amount of R684,000 that was allegedly a loan from a certain company (name furnished) to a certain person (name and details furnished) was the proceeds of money laundering or not; if not, why not; if so, what (a) are the relevant details and (b) is the current status of the investigation?

Reply:

The National Director of Public Prosecutions informed me that the mandate of the National Prosecuting Authority (NPA), in terms of section 179 of the Constitution, is not to investigate but to institute prosecutions. The NPA can only institute a prosecution after investigation is finalised by the South African Police Service/Directorate for Priority Crime Investigation (DPCI), and if there is prima facie evidence in the case docket that supports the allegations which are the subject of the investigation.

(a) The NPA is not in a position to provide any information regarding this matter. The allegations pertaining to the loan are still being investigated by the DPCI.

(b) The investigation is being conducted by the DPCI and this enquiry should be referred to the agency.    

11 October 2019 - NW760

Profile picture: Chetty, Mr M

Chetty, Mr M to ask the Minister of Justice and Correctional Services

What is the (a) total cost and (b) detailed breakdown of the cost incurred since the establishment of the Judicial Commission of Inquiry into Allegations of Impropriety regarding the Public Investment Corporation, chaired by Justice Lex Mpati?

Reply:

(a) The total cost incurred since the establishment of the Judicial Commission of Inquiry into allegations of Impropriety regarding Public Investment Corporation is R24 694 284.00

(b) The detailed breakdown of the cost incurred is tabulated below:

Main Cost Drivers

Expenditure for the 2018/19 financial year

Expenditure for the 2019/20 financial year

Compensation of Employees

R 5 176 581

R 9 494 875

Goods and Services

R 1 211 827

R 7 898 568

Machinery and Equipment

R 644 596

R 267 837

Total PIC Commission

R 7 033 004

R 17 661 280

16 September 2019 - NW709

Profile picture: Chetty, Mr M

Chetty, Mr M to ask the Minister of Justice and Correctional Services

What is the (a) total cost and (b) detailed breakdown of the cost incurred since the establishment of the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, chaired by the Deputy Chief Justice Raymond Zondo?

Reply:

a) A total amount of R356, 127 million has been spent since the establishment of the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State up to 31 August 2019 as tabulated below:

Financial Year

Expenditure

             R’000

2018/19

244 573

2019/20 As at 31 August 2019

111 553

Total Spent

356 127

 

b) The table below provides a detailed breakdown of the cost incurred since the establishment of the Commission:

 

16 September 2019 - NW727

Profile picture: Malatsi, Mr MS

Malatsi, Mr MS to ask the Minister of Justice and Correctional Services

What is the (a) total cost and (b) detailed breakdown of the cost incurred since the establishment of the Commission of Inquiry into tax administration and governance by the SA Revenue Services?

Reply:

a) The total cost of the Commission of Inquiry into Tax Administration and Governance by the South African Revenue Services (SARS) from inception to date is R8,106,113.00.

b) The detailed breakdown of the cost incurred is tabulated:

Economic Classification

Expenditure 2018/19

Expenditure 2019/20

Compensation of Employees

R205 838

-

Goods and Services (Legal Advisory Services)

R6 908 582

R991 692

Machinery and Equipment

-

-

Total SARS Commission

R7 114 421

R991 692

13 September 2019 - NW746

Profile picture: Gumbi, Mr HS

Gumbi, Mr HS to ask the Minister of Justice and Correctional Services

Whether his department hosted any event and/or function related to its 2019 Budget Vote debate; if so, (a) where was each event held, (b) what was the total cost of each event and (c) what is the name of each person who was invited to attend each event as a guest; (2) whether any gifts were distributed to guests attending any of the events; if so, (a) what are the relevant details of the gifts distributed and (b) who sponsored the gifts?

Reply:

The Department of of Justice and Constitutional Development (DoJ&CD) has informed me as follows:

1. The DoJ&CD did not host any event/function during its 2019 Budget Vote debate. However, it only arranged a holding area to accommodate guests who arrived before the tabling of the Budget Vote.

a) The holding area was arranged within the Parliament Precinct (Palm Court, Marks Building Restaurant)

b) The total cost of refreshments for the holding area was R4 400.00

c) The guest list with names of invited stakeholders is attached as Annexure A, on this regards not all the guest on the list attended.

2. There were no gifts distributed to the guests.

13 September 2019 - NW476

Profile picture: Breytenbach, Adv G

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

Whether the National Prosecuting Authority (NPA) intends to defend its constitutional independence in the review application against the Public Protector’s Report on an Investigation into Allegations of a Violation of the Executive Ethics Code through an Improper Relationship between the President and African Global Operations, formerly known as Bosasa, Report 37 of 2019-20, wherein the Public Protector instructs the NPA to conduct further investigation into prima facie evidence of money laundering as uncovered during her investigation, and deal with it accordingly; if not, why not; if so, what are the relevant details?

Reply:

I have been informed by the NDPP as follows:

“Paragraphs 8.2 and 9.4 of the Report of the Public Protector (Report), read together, order the NDPP to conduct an investigation into ‘prima facie evidence of money laundering’, and to submit an implementation plan for the approval of the Public Protector, within 30 days of publication of the Report (“the orders”). The Public Protector has agreed to stay the orders, pending the review of the Report.

In the spirit of co-operative governance, as is peremptory under Section 41 of the Constitution, the NDPP wrote to the Public Protector seeking clarity on whether the orders were meant merely to constitute notifying the NDPP of her opinion that the facts disclose the commission of an offence, as contemplated in s6(4)(c)(i) of the Public Protector Act.

The Public Protector responded by stating that the order in paragraph 8.2 is a referral to the NDPP on the basis of her opinion that the facts disclose a commission of an offence as, contemplated by s6(4)(c)(i), and that the order requiring the NDPP to submit a report for her approval, is a logical and legal consequence of paragraph 8.2 (read with paragraphs 7.1.3 and 7.3.3).

The NDPP understands that response to mean that the Public Protector persists with the orders. These orders impact on and infringe the constitutional and statutory mandate of the NPA to investigate and prosecute crime, free of supervision or interference by another party and without fear or favour.

The mandate of a Public Protector vis a vis an NDPP, in terms of the Constitution and the Public Protector Act is restricted to notifying the authority charged with prosecutions of his or her opinion that the facts disclose the commission of an offence. It is therefore a constitutional issue that requires the NDPP, in the interests of the independence of the NPA, to file an affidavit supporting the review to set aside the remedial orders against the NDPP in paragraphs 8.2 and 9.4 of the Report.

The NDPP will file an affidavit after having seen the record of decision and any supplementary affidavits by the applicants.

It must be emphasised that this is purely a legal issue and does not in any way impact on the NDPP’s consideration of the matter in light of the opinion of the Public Protector that the facts disclose the commission of an offence”.

13 September 2019 - NW668

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What total number of criminal (a) prosecutions and (b) convictions were dealt with in the (i) magistrates, (ii) district and (iii) high courts in each of the past five financial years?

Reply:

The number of prosecutions finalised including ADRM is displayed in the table below:

Financial Years

2014/15

2015/16

2016/17

2017/18

2018/19

Number of cases (prosecutions) finalised including ADRM

National

503 463

477 802

505 376

494 815

425 778

District Courts

465 834

442 371

470 055

460 598

394 335

Regional Courts

36 651

34 419

34 257

33 246

30 477

High Courts

978

1 012

1 064

971

966

Number of cases (prosecutions) finalised with a verdict (convictions and acquittals)

National

319 149

310 850

341 360

335 161

276 309

District Courts

284 741

278 006

308 688

303 353

247 342

Regional Courts

33 430

31 832

31 608

30 837

28 001

High Courts

978

1 012

1 064

971

966

Number of Convictions

National

294 608

289 245

321 190

317 475

260 456

District Courts

268 127

263 377

295 013

291 609

236 705

Regional Courts

25 591

24 958

25 209

24 976

22 882

High Courts

890

910

968

890

869

13 September 2019 - NW620

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

What (a) total amount has (i) his department and (ii) each of the entities reporting to him spent on (aa) cleaning, (bb) security and (cc) gardening services in the (aaa) 2017-18 and (bbb) 2018-19 financial years, (b) amount was paid to each service provider to provide each specified service and (c) total amount was paid to each of the service providers?

Reply:

The Department of Justice and Constitutional Development (DoJ&CD), National Prosecuting Authority (NPA), Legal Aid South Africa, and Special Investigating Unit (SIU) have reported as follows:

A. Department of Justice and Constitutional Development

(aa) Cleaning

The function of cleaning and gardening is provided and paid for by the Department of Public Works and Infrastructure (DPWI). The Framework for the Devolution of Budget, Version 17, Clause 6.6 states that:

“DPW provides cleaning services for the Department of Justice and Constitutional Development utilizing internal staff and outsourced services/contracts”.  

The DoJ&CD is considering exercising optionality whereby DPWI is to devolve the function of cleaning and gardening to DoJ&CD. Discussions with DPWI, in respect of transferring cleaning and gardening services to DoJ&CD, are ongoing and a task team has been established to deal with the smooth transfer of the function from DPWI to DoJ&CD. Agreement in principle is that the function will be devolved in a phase out approach. The first phase will be to devolve all the outsourced cleaning and gardening contract to DoJ&CD and the second phase will be to transfer the in-house services. The target date for this devolution is April 2020.

(bb) Security Services

(aaa) R685 239 million in the financial year 2017/18.

(bbb) R718 602 million in the financial year 2018/19.

(b) and (c) The service providers paid by the Department are tabulated below:

 

GUARDING SERVICES

SERVICE PROVIDER

2017/18 AMOUNT PAID (R'000)

2018/19 AMOUNT PAID (R'000)

TOTAL PAID (R'000)

Tyeks Security Services

10 186

10 187

20 373

Mabotwane Security Services

99 208

71 329

170 537

Fidelity Security Services

221 963

225 565

447 528

Mcc Security Services

75 163

108 679

183 843

Jackcliffy Trading

115 770

120 118

235 888

Tshedza Protective Service

43 133

39 719

82 853

Office of the Chief Justice (Upgrading of Private Security for Judges)

0

534

534

Total

565 424

576 131

1 141 555

CASH IN TRANSIT

SERVICE PROVIDER

2017/18 AMOUNT PAID (R'000)

2018/19 AMOUNT PAID (R'000)

TOTAL PAID (R'000)

Fidelity Cash Solutions

22 996

19 558

42 553

Office Of The Chief Justice

542

0

542

Total

23 538

19 558

43 096

MAINTENANCE AND REPAIRS EXPENDITURE

SERVICE PROVIDER

2017/18 AMOUNT PAID R'000

2018/19 AMOUNT PAID R'000

TOTAL PAID R'000

Global Technology Systems

94 097

121 177

215 274

Isecure Digital

1 723

1 736

3 459

R And D Screening Technologies

447

0

447

Mutual Safe & Security

5

0

5

Smiles Keycraft

1

0

1

Sysman Public Safety Systems

4

0

4

Total

96 277

122 913

219 190

2017/18 & 2018/19 Total Expenditure for Security Services

685 239

718 602

1 403 840

B. National Prosecuting Authority

a) and (c) The NPA has paid a total amount of R57 674 779.85 to suppliers during the 2017/18 and 2018/19 financial years in respect of cleaning, security and gardening services. This amount is divided into the various services as follows:

2017/18

  • Cleaning - R7 852 550.63
  • Security - R17 687 208.14
  • Gardening - R944 387.44

2018/19

  • Cleaning - R10 354 139.25
  • Security - R19 870 152.47
  • Gardening - R966 341.92

b) Please see the attached spreadsheet, attached as Annexure A which provides details of the amount paid to each supplier.

C. Special Investigation Unit

a) The SIU has spent as follows:

No.

Description

2017/18

2018/19

(aa)

Cleaning Services

R1 502 063.18

R1 414 797.04

(bb)

Security Services

R320 888.45

R547 076.24

(cc)

Gardening Services

None, as it is included on the operating costs that are paid to landlords for office accommodation.

b) The amount paid to each service provider is tabulated on the link below:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW620_TableB.pdf

c) Thelink below provides the total amount paid to each of the service providers:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW620_TableC.pdf

D. Legal Aid South Africa

a) and (c) Legal Aid South Africa spent as follows during the 2017/18 and 2018/19 financial years:

Total amounts paid to each of the service providers:

No.

Description

2017/18

2018/19

(aa)

Cleaning Services

R7 651 319

R8 459 042

(bb)

Security Services

R2 198 512

R2 342 609

(cc)

Gardening Services

No costs were incurred for gardening services.

b) The lists of service providers for cleaning and security services is attached as Annexures B and C respectively.

E. The Office of the Chief Justice

The office of the Chief Justice (OCJ) does not contract cleaning, security and gardening services directly at any of its services centres.

The Office of the Chief Justice uses cleaning services that are under the custodianship of the National Department of Public Works (DPW) and the Department of Justice and Constitutional Development (DoJ&CD).

13 September 2019 - NW365

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What (a) number of official international trips is (i) he and (ii) his deputies planning to undertake in the 2019-22 medium term expenditure framework, (b) will the (i) destination, (ii) date, (iii) purpose and (iv) number of persons who will travel with the delegation be and (c) is the detailed breakdown of the expected cost of (i) flights, (ii) accommodation and (iii) any other expenses in each case?

Reply:

We wish to reply to the Honourable Member as follows:

a) The International trips for Minister are based on the requests for support from the Presidency and other key stakeholders such as the Department of International Relations and Cooperation, for essential issues of national interest related to justice and legal co-operation matters. However, the Departmental requests for international trips are based on the requirements of the Department of Justice and Constitutional Development (DoJ&CD)`s Annual Performance Plan as well as fulfilling prior commitments in multilateral engagements such as the United Nations (and its Special Agencies dealing with crime prevention and criminal justice matters such as the UNODC), African Union (AU) Ministerial meetings, engagements with the UN and AU Human Rights Mechanisms. Southern African Development Community (SADC), International Criminal Court (ICC) Commonwealth, Brazil, Russia, India, Chief and South Africa (BRICS) to advance South Africa`s position on international legal matters.

b) The size of the delegation to any Departmental international trip is governed by the DoJ&CD`s Travel Policy and approved by the Director- General. The delegation for Ministry is determined in line with the Public Finance Management Act and in line with the Ministerial Handbook.

c) The flights, accommodation costs and other expenses are as per National Treasury Guidelines for the applicable job levels.

Furthermore, it is impossible to accurately state the number of trips and persons making up the delegations as invitations arise from time to time , and are dependent on budgetary considerations and personnel capacity.

26 August 2019 - NW345

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Justice and Correctional Services

Whether, with reference to the reply to question 1606 on 12 July 2017 regarding the Constitutional Court ruling in 2011 that the practice of repossessing homes without having the claims tested by a judge is illegal, Legal Aid South Africa and Lungelo Letho Human Rights Foundation have been successful in ensuring that the illegal repossession of the house of Mr Ernest Mashaba does not take place; if not, why not; if so, what are the relevant details?

Reply:

In July 2017, the Impact Litigation Unit of Legal Aid South Africa made contact with Lungelo Lethu Human Rights Foundations (LLHRF) who were assisting Mr Mashaba in order to start the process to apply for legal aid. We were informed that legal counsel, Advocate Douglas Shaw was already instructed to act on behalf of Mr Mashaba and 243 other persons in the same position as Mr Mashaba. Further, that counsel is considering a Class Action against 4 major banks and that Advocate Alexandra Benjamin is acting as amicus.

We further reiterated that should they require legal assistance herein they can contact Legal Aid South Africa. We have not received any further requests for assistance from Mr Mashaba or Lungelo Lethu Human Rights Foundations (LLHRF).

Legal Aid SA has in the past been involved in the litigation to protect the rights of the poor people who are set to lose their home due to foreclosure of the bond.

In the following two (2) cases Legal Aid SA was admitted as an amicus.

1. ABSA vs Mokebe

Firstly, Absa Bank Limited v Mokebe and Other Related Cases 2018 (6) SA 492 (GJ) is a landmark ruling in the protection of the Constitutional right to housing set out in section 26 of the Constitution. Legal Aid South Africa made a submission which was accepted by the full court that the monetary judgment, special execution order and the setting of a reserve price should be heard and adjudicated upon simultaneously to reduce litigation costs which may be incurred by the indigent and poor if those applications were to be heard separately in 2 or 3 separate applications. [para 26]. This court for the first time made a ruling that courts have a discretion when considering the monetary judgment and special execution order to set a reserve price in terms of the Rules of Court. This means that the risk of selling the repossessed house on auction for trifling amounts and at far less than the market value has been reduced tremendously as a result of this judgment. Any reduction in the reserve price would have to be motivated to the Court that set the original reserve price. This procedure has been documented in the Practice Directives of this Court.

2. Std. Bank vs Hendricks

Secondly, the matter of Standard Bank of South Africa v Hendricks and another and related matters 2019 (2) SA 620 (WCC). The matter dealt with seven Foreclosure matters where the Standard Bank and Absa Bank sought an order of execution against immovable property which was the primary resident of the judgement debtor. Legal Aid South Africa made important submissions where the proposed practice directive of Western Cape was developed to align with the Practice Directive in Gauteng to include the necessary factors for consideration in Foreclosure applications which was in line with Mokebe’s decision. The Full Court followed the Mokebe’s decision on the question of whether or not a reserve price should be set. The court further held setting a reserve price outweighs any prejudice that may arise and that only in exceptional circumstances that the court should exercise its discretion to not make such an order.

26 August 2019 - NW280

Profile picture: Sarupen, Mr AN

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

What (a) total amount is budgeted for his private office for the 2019-20 financial year and (b) was the (i) total remuneration, (ii) salary level, (iii) job title, (iv) qualification and (v) job description of each employee appointed in his private office since 1 May 2019?

Reply:

a) The budget information for Minister’s private office is contained in the Annual Performance Plan.

b) Salary of staff range between level 5 and level 14, and staff component is tabulated below:

JOB TITLE

LEVEL

REMUNERATION

QUALIFICATION/S

JOB DESCRIPTION

Chief of Staff

14

R1 251 183.00

Snr Certificate, B Com Accounting and Postgraduate Diploma in Business Management.

  • Manage, create and maintain systems and procedures for tracking and following up on all correspondence related to the portfolio of the executing authority.
  • Co-ordinate and ensure the compliance with requests and instructions from the executing authority, including the elimination of unnecessary duplication of activities and serve as the main link between the office of the executing authority and the institutions falling under the portfolio of the executing authority.
  • Providing content support to the executing authority regarding Cabinet matters, meetings, conferences and documents received from the institutions falling under the portfolio of the executing authority. Ensure that the executing authority timeously receives the correct documentation and briefing notes for meetings.
  • Responsible for strategic planning, human resource and financial management in the office of the executing authority.
  • Ensure strategic leadership and co-ordination of communication with the media on activities pertaining to the portfolio of the executing authority.
  • Conduct research and manage special projects on request of the executing authority.
  • Follow and be guided by all instructions as prescribed in the ministerial handbook.
  • Oversee the management and maintenance of the executing authority’s official residence through liaison with Public Works.
  • Manage VIP Security through liaison with Commissioners at SAPS.

 

Administrative Secretary

13

R1 057 326.00

Snr Certificate, Public Management

  • Ensure timeous acknowledgement and appropriate referral of all EA’s correspondence.
  • Oversee administrative correspondence to assist the EA with her/his administration.
  • Assist the EA with the preparation of briefing notes, memoranda (confidential and highly confidential) and other documentation required by the EA, through inter alia:
  • Edit and comment where necessary on submissions prior to submitting to EA.
  • Provide content direction and input to enquiries made to the EA.
  • Facilitate, and ensure the distribution of Cabinet memoranda/ submissions to the Cabinet, the legislature and/or various standing/ portfolio committees to ensure that key issues are adhered to.
  • Liaise with heads of components in the Department, external and internal clients, service providers, other governments, and other Departments to co-ordinate the activities of the EA and its Office.
  • Manage all administrative activities in the office of the EA through inter alia-The management and maintaining of work flow systems in EA’s office, including tracking and monitoring of work.
  • Ensure that registry, filling and document management systems are maintained effectively.
  • Ensure that staff is able to operate administrative systems through continuous training.
  • Ensure maintenance of office equipment.
  • Manage all procurement and logistical support within the Office of the EA to ensure that an effective support service is rendered to the EA.
  • Brief the Chief of Staff on matters pertinent to the EAs portfolio on the agenda of the Cabinet to ensure that the EAs prepared regarding all issues affecting the department.

Parliamentary and Cabinet Support

13

R1 057 326.00

Snr Certificate, National Diploma Public Management

  • To monitor events in Parliament, as well as represent the Department in Parliament.
  • To monitor Parliamentary question papers (i.e. identifying questions addressed to the Minister, especially those that impact in his/her functional terrain, ensuring that the responses are done in a format prescribed by Parliament and tabling of the approved responses in Parliament).
  • To monitor the meetings of committees of houses of Parliament relevant to the Departmental portfolio.
  • To act as a link and/ or facilitate the movement of information between Parliament, the Department and the Ministry.
  • Conduct personal liaison with officers of the department, other departments, MPs, MEC’s, ministries and other organizations on departmental/functional matters.
  • Compile secret documents and cabinet memoranda and ask for comments from the department.
  • Handle draft acts, prepare documents, and keep a register thereof.
  • Make and receive telephone calls on general parliamentary and departmental matters.
  • Maintain the filing system of secret documents and cabinet memoranda and control the safekeeping thereof.
  • Control the overall packing and dispatching of official documents and equipment for the parliamentary session and the recess, and manage the movement of equipment and households to and from Cape Town.
  • Follow current affairs and bring relevant information to the attention of the Executing Authority.
  • Provide support to the department in respect of key parliamentary events, such as the budget vote.

Media Liaison Officer/Spokesperson

13

R1 057 326.00

Snr Certificate, B. Law

  • Develop, implement and manage an effective media liaison service.
  • Liaison with the media on subjects, conditions and events of the department through different mediums of communication to market the activities of the Executing Authority.
  • Liaison with the communication component of the department to ensure co-ordination and alignment with the political priorities and programs of the Executing Authority.
  • Monitor public attitudes in order to plan and execute actions to project a positive image of the office of the Executing Authority/department.
  • Monitor media reports to ensure that the Executing Authority is well informed on current affairs that impacts on the department.
  • Write speeches for the Executing Authority for all events.
  • Issue media statements and press releases for purposes of communicating departmental information to the public on behalf of the Executing Authority.

Parliamentary Officer

11

R733 257.00

Snr Certificate, National Diploma, B-Tech Public Management

  • To monitor events in Parliament, as well as represent the Department in Parliament.
  • To monitor Parliamentary question papers (i.e. identifying questions addressed to the Minister, especially those that impact in his/her functional terrain, ensuring that the responses are done in a format prescribed by Parliament and tabling of the approved responses in Parliament).
  • To monitor the meetings of committees of houses of Parliament relevant to the Departmental portfolio.
  • To act as a link and/ or facilitate the movement of information between Parliament, the Department and the Ministry.
  • Conduct personal liaison with officers of the department, other departments, MPs, MEC’s, ministries and other organizations on departmental/functional matters.
  • Compile secret documents and cabinet memoranda and ask for comments from the department.
  • Handle draft acts, prepare documents, and keep a register thereof.
  • Make and receive telephone calls on general parliamentary and departmental matters.
  • Maintain the filing system of secret documents and cabinet memoranda and control the safekeeping thereof.
  • Control the overall packing and dispatching of official documents and equipment for the parliamentary session and the recess, and manage the movement of equipment and households to and from Cape Town.
  • Follow current affairs and bring relevant information to the attention of the Executing Authority.
  • Provide support to the department in respect of key parliamentary events, such as the budget vote.

Appointments/Private Secretary

12

R869 007.00

N2 Business Studies, N4 Human Resource Management

  • Manage the diary of the Executing Authority, which include:
  • reception of visitors;
  • the arrangement of appointments, interviews and appearances; and
  • the compiling of programmes of appointments and journeys.
  • Assist the Executing Authority with logistical arrangements, which include:
  • handling of travel and accommodation arrangements;
  • provision and maintenance of office and living accommodation and furniture; and
  • making arrangements for movements to attend meetings.
  • Assist the Executing Authority with executive obligations, which include:
  • the requesting, receiving and checking of documents for meetings, draft replies, speeches and comments;
  • the arrangement for placement of items on the agendas of meetings, and circulation of accompanying memoranda including Cabinet memoranda to other ministries;
  • the monitoring of order-papers, lists of questions and minutes of the relevant executing authority;
  • the collection of replies to questions; and
  • accompanying the Executing Authority to official functions and on official journeys.
  • Assist the Executing Authority with representative obligations, which include:
  • the arrangement of absence from meetings;
  • taking care of enquiries and representations from members of the public;
  • making arrangements for the attendance of meetings and other gatherings;
  • taking care of accompanying correspondence and records; and
  • accompanying the Executing Authority on visits.
  • Assist the Executing Authority with constituency work, which include:
  • support with party political activities; and
  • liaise with constituency.
  • Assist the Executing Authority with diverse private obligations of a routine nature.
  • Liaise with Parliament, stakeholders and constituency.
  • Supervise Assistant Appointment Secretary (if there is any).

Assistant Appointments and Administrative Secretary

10

R758 537.50

Snr Certificate, B. Accounting

  • Assist the Appointments and/ or Administrative Secretary to manage the diary of the Executing Authority, which include:
  • the arrangement of interviews, appointments and appearances;
  • the reception of visitors;
  • the arrangement of admission to the Executing Authority;
  • the compiling of programs of appointments and journeys; and
  • taking care of accompanying correspondence.
  • Assist the Appointments and/ or Administrative Secretary with logistical matters, which include:
  • handling of travel and accommodation arrangements;
  • provision and maintenance of office and living accommodation and furniture;
  • making arrangements for movements to attend meetings; and
  • handle arrangements for meetings.
  • Maintain an efficient filling system.
  • Attend to correspondence in the office of the executing authority.
  • Liaise with Parliament, stakeholders and constituency in consultation with the Appointment Secretary.
  • Assist the Executing Authority with his/her personal matters to enable her/him to attend to her/his other duties.

Driver/Messenger

5

R237 973.10

Grade 10–

  • Collect mail and documents from and to the department.
  • Collect and deliver correspondence/parcels for the Executing Authority at various collection and distribution points.
  • Provide a transport service for the office of the Executing Authority.
  • Maintenance of the vehicle.

Registry

7

R368 909.50

Snr Certificate, B-Tech Public Management

  • Maintain the electronic correspondence management register.
  • Record keeping of all documentation (correspondence and submissions) processed and received in the office of the EA to ensure an efficient and effective flow of information.
  • Ensure the updating and safekeeping of the filing system to ensure easy access to information.
  • Ensure that all documents are filled in accordance to the prescripts of the National Archives Act and the Ministerial filling system.
  • Draft reply of acknowledgement to all letters received.
  • Assist with the distribution of Cabinet/Executive Council Memoranda.
  • Control stocks and stationary as chief user clerk for the EA’s office.

Department of Correctional Services

01 May 2019

No.

Job Title

Salary level

Remuneration

Qualification

1.

Special Projects and Stakeholder Relations

13

R1 183 932

  • National Senior Certificate
  • B comm

2.

National Council on Correctional Services (NCCS)

13

R 1 017 972.00

  • National Senior Certificate
  • BA
  • Bachelor of Laws

3.

Parliamentary Officer

11

R733 257

  • National Diploma : Public Management
  • B-Tech Public Management

4.

Personal Assistance

10

R470 040

  • National Senior Certificate

5.

Registry Clerk

07

R257 508

  • National Senior Certificate

6.

Driver

05

R173 703

  • National Senior Certificate

Office of the Deputy Minister

No.

Job Title

Salary level

Remuneration

Qualification

1.

Head of Office

13

R1 183 932

  • Certificate of exemption
  • Lower Diploma in Library and Information Science(UWC)
  • MA: International Studies (Stellenbosch University)
  • MA International Politics (University de Paris XI)

2.

Technical Specialist

13

R1 183 932

  • Matric
  • Master of Management
  • Diploma in Labour Law

3.

Private Secretary

12

R869 007

  • National Senior Certificate
  • BA in Philosophy
  • Post graduate dip in Personnel Management

4.

Parliamentary Cabinet Liaison

12

R869 007

  • National Senior Certificate
  • ND Public Management

5.

Community Outreach Officer

11

R733 257

  • National Senior Certificate
  • B Admin (University of Transkei)
  • Postgraduate Dip in Social Research Methods

6.

Secretary/ Receptionist

07

R303 339

  • National Senior Certificate
  • ND Administrative Management

7.

Registry Clerk

07

R257 508

  • National Senior Certificate

8.

Messenger Driver

05

R173 703

  • National Senior Certificate

9.

2X Domestic Workers

03

R122 595

  • No Matric

19 August 2019 - NW260

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Justice and Correctional Services

With regard to case numbers Moffatview ref nr CAS 4/4/2019, Orlando ref nr CAS 513/04/2019 and Orlando ref nr CAS 551/04/2018, (a) what has he found to be the reasons for the prosecution process to have taken so long, (b) why were some of the cases withdrawn without informing the complainants and (c) by what date will the remaining cases be going to court?

Reply:

As the cases referred to relate to alleged crimes in which the Hon TW Mhlongo or his brother Mr L Mhlongo is the complainant or at least personally involved, it is requested that the Hon TW Mhlongo take the matters up directly with the SAPS or the NPA and not make use of Parliamentary Questions to deal with personal matters

23 July 2019 - NW142

Profile picture: Singh, Mr N

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

Whether he has been informed of the chaotic situation resulting from the renovations of the Durban High Court which are being undertaken while court proceedings are in progress, causing disruptions that may lead to justice being delayed and ultimately denied; if not, why not; if so, what are the relevant details; (2) Whether he has been in consultation with the Department of Public Works and Infrastructure in order to look for alternative premises to ensure that an efficient process is followed; if not, why not; if so, what are the relevant details; (3) Whether there is a time frame in place for the completion of the renovations of the specified high court edifice; if not, why not; if so, by what date will the renovations be completed?

Reply:

1. The construction activity happening is in fact not at the Durban High Court, but in the adjacent building at the Department of Labour Masonic Grove Building (which is a separate stand-alone building across the street). There renovations at the Durban High Court itself are planned for later and the project is still on the preparatory phase.

2. Yes there has been consultation with the Department of Public Works and Infrastructure (DPWI) and co-incidentally the DPWI responded to similar question asked by Honourable Nxumalo of the IFP. The consultation culminated to an arrangement with the Contractor who is revising the work schedule in order for the construction work to be performed after hours and at night. The Department of Justice and Constitutional Development is in the processes of facilitating a meeting between the contractor and the Judge President of the High Court, Judge President Jappie to confirm the agreement reached regarding the shifting of times for the on-going construction work.

3. The department of Labour Masonic Grove Building renovations are scheduled to be completed in May 2020.

 

NW1100E

12 July 2019 - NW13

Profile picture: van der Merwe, Ms LL

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

What is the current total number of (a) foreign nationals and (b) undocumented migrants in South African prisons?

Reply:

a) There is a current total of 13 437 foreign nationals incarcerated in South African Correctional Centres.

b) Currently there is a total of 2 052 undocumented migrants/illegal immigrants incarcerated in South African Correctional Centres.

Foreign nationals, whether documented or undocumented, upon receiving custodial sentence are expected to serve their sentences in correctional centres within the Republic of South Africa (RSA) due to the fact that there is currently no Inter-State Transfer Agreement with other Countries. They are considered for placement after serving the prescribed minimum detention or non-parole period and if placement is approved, undocumented foreign nationals are deported back to their country of origin after Department of Home Affairs (DHA) has finalised deportation process. The documented foreign nationals are allowed to serve parole within the Republic of South Africa if their permits are not revoked by DHA.

11 July 2019 - NW18

Profile picture: Breytenbach, Adv G

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

What (a) number of court intermediaries are currently employed by his department in each province, (b) court(s) do the intermediaries serve, (c) number of cases do the intermediaries attend to each month and (d) languages are the intermediaries proficient in?

Reply:

a) What number of court intermediaries is currently employed by the department in each province?

In the 2014/15 financial year, the Department created 185 permanent posts of court intermediaries and 9 permanent posts of Assistant Director (ASD) Intermediaries. The periodical recruitment process commenced in the 2015/16 financial year, and by the 2017/18 financial year, the Department had filled 179 of 185 posts of court intermediaries and 5 of 9 posts of ASD Intermediaries. However, due to the declining economy, austerity measures in budget allocations are persistently introduced, and in effect, constraining the Department’s plan to fill the remaining vacant posts. The current demand on social work services in the country has also resulted in the exodus of many intermediaries to better opportunities. As at 31 March 2019, the number of court intermediaries in permanent posts declined from 179 to 153, while the numerical capacity of the ASD intermediaries dropped from 5 to 4.

In bridging intermediary service gaps at our courts, the Department has recently introduced an automated Intermediary Diary Management System to ensure the shared use of the intermediaries within provinces and beyond. Through this system, the existing pool of intermediaries can be accessed by any court in the country, as and when the need arises, to match the special needs of the victim, often relating to language, age, disability, etc.

In strengthening further the existing human capital in intermediary services, the Department also utilises a pool of ad hoc intermediaries- mostly drawn from the NGO sector. This intervention also assists in relieving the pressure of unemployment in the country. In certain provinces, there are social workers employed by the Department of Social Development (DSD) who are released to assist, whenever the demand arises. The Table below gives a numerical spread of these services over all provinces in the country:

Province

DoJ&CD Intermediaries as at 31 Mar 2019

DSD Intermediaries

Total

 

Court Intermediaries

Assistant Director Intermediaries

Ad Hoc Intermediaries

   

Eastern Cape

16

1

-

-

17

Free State

10

-

3

2

15

Gauteng

12

1

27

16

56

KwaZulu-Natal

34

-

1

2

37

Limpopo

17

1

-

-

18

Mpumalanga

14

-

2

-

16

Northern Cape

9

-

-

-

9

North West

18

1

-

2

21

Western Cape

23

-

3

2

28

Total

153

4

36

24

217

b) What courts do the intermediaries serve?

In terms of section 170A of the Criminal Procedure Act, 1977 (Act No 51 of 1977), intermediary services are offered in any criminal proceedings pending before any court where it appears to such court that such proceedings would expose any witness under the biological or mental age of 18 years to undue mental stress or suffering if such witness testifies without support. Among all witnesses appearing in criminal proceedings held at our courts in the country, only children and persons with mental disabilities are entitled to intermediary services. Likewise, section 61(2) of the Children’s Act, 2005 (Act No 38 of 2005) also require the use of intermediary services when children testify in proceedings held in terms of this Act.

At present, intermediaries are spread over and shared between regional criminal courts and children’s courts, where the demand for this service is predominantly high. As at 31 March 2019, the country has 405 regional criminal courts of which 89 are the sexual offences courts. The childrens’ courts are operating at 309 magisterial district courts and some at the 332 branch/ periodical courts. Intermediaries also service our high courts, whenever the need arises. Currently, in South Africa there are 11 high court divisions with 5 local seats. As indicated, the service of intermediaries is subject to demand and may therefore not be a daily occurrence at a given court.

c) What number of cases do the intermediaries attend to each month?

The Department uses the Integrated Case Management System (ICMS) for Intermediary Services to collect data from our courts. Currently, this system collects data of intermediary services offered at regional criminal courts and the children’s courts, where the demand for these services is currently highly concentrated. The statistics are collected in terms of people who receive these services and not in accordance to the cases registered at our courts. The plan is to increase the functionality of the ICMS and extend its scope to other cases. During the period of 12 months (i.e. 1 April 2018 to 31 Mar 2019) intermediaries rendered services to 14 907 children and 261 persons with mental disabilities who appeared in sexual offences and children’s courts proceedings held nationwide. The Table below gives the spread of these services over provinces per annum:

CASES WHERE INTERMEDIARY SERVICES WERE RENDERED: 2018/2019

Province

Sexual Offences

Children’s court

 

Child Witnesses

Child Victims

Mentally Disabled Witnesses

Mentally Disabled Victims

Witnesses

Victims

Total

EC

787

1 894

3

105

43

62

2 894

FS

451

890

1

5

54

64

1 465

GP

603

2 114

-

9

16

20

2 762

KZN

392

1 912

2

51

5

16

2 378

LIMP

269

640

6

15

21

23

974

MP

329

1 150

1

13

11

11

1 515

NW

198

585

1

11

61

30

886

NC

216

715

1

16

39

19

1 006

WC

340

915

4

17

4

8

1 288

TOTAL

3 585

10 815

19

242

254

253

15 168

The demand for the intermediary services differs from court to court and from month to month. In each month there are about 1 000 eligible persons who receive these services nationwide. Monthly statistics is only available in services rendered to child victims of sexual offences. Below is the number of child victims of sexual offences who received intermediary services per month in the 2018/ 19 financial year.

d) What languages are the intermediaries proficient in?

Intermediaries are appointed on the basis of proficiency in the language predominantly used at the courts they would be stationed at. With the recent introduction of the automated Intermediary Diary Management System, intermediaries are now booked for cases in accordance with the language needs of the victim/ witness and are shared throughout the country. This system is intended to avoid the unnecessary postponement of cases due to language shortages. Services are offered in all 11 official languages. For persons requiring sign language, ad hoc intermediaries are used. Below is a matrix showing language utilisation in each province:

Province

English

Afrikaans

Setwana

Sesotho

Isizulu

Siswati

Isixhosa

Isindebele

Tshivenda

Sepedi

Xitsonga

EC

216

70

1

27

50

0

257

5

0

0

1

FS

37

25

12

76

11

0

16

0

0

0

1

GP

116

73

72

84

172

6

89

9

17

77

33

KZN

209

9

0

11

275

0

74

0

0

0

1

LIMP

84

4

15

12

17

8

1

7

14

97

24

MPUM

55

10

5

6

63

39

0

23

0

44

11

NC

58

34

94

25

7

0

3

1

1

12

2

NW

55

97

75

0

0

0

22

0

0

1

1

WC

115

147

1

0

2

0

103

0

0

0

0

TOTAL

945

469

275

241

597

53

565

45

32

231

74

05 July 2019 - NW41

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

What is the total number of Judges who have (a) left and (b) entered the judicial system in the past five years with reference to each court they serve in or served in?

Reply:

The responses are presented on the below table:

Court

Number of Judges  who have left the Judicial system

Number of Judges who have entered the Judicial system

Constitutional Court

 

4

-

-

-

Supreme Court of Appeal

 

8

-

2

-

Northern Cape Division (Kimberley)

2

-

-

1

Eastern Cape Division  (Grahamstown)

1

-

1

2

Eastern Cape Local Division (Port Elizabeth)

2

-

-

1

Eastern Cape Local Division

(Bisho)

-

-

1

1

Eastern Cape Local Division

(Mthatha)

2

-

-

2

Western Cape Division

(Cape Town)

6

-

-

8

North West Division (Mahikeng)

 

1

1

-

1

Free State Division

(Bloemfontein)

3

-

1

9

Gauteng Division (Pretoria)

7

1

2

12

Gauteng Local Division

(Thohoyandou)

10

-

1

11

Limpopo Local Division

-

-

-

-

 

Limpopo Division

(Polokwane)

 

-

 

-

 

-

 

4

 

Mpumalanga Division

(Nelspruit)

 

-

-

-

-

KwaZulu-Natal Division

(Pietermaritzburg)

2

-

-

4

KwaZulu- Natal Local Division

(Durban)

-

-

1

6

Labour Court

-

-

1

6

Total

48

2

10

65

 

a) The total number of Judges who have left the Judicial system in the last five years is 60.

b) The total number of Judges who entered the Judicial system in the last five years is 65.

08 October 2018 - NW2685

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

Whether his department has any programmes in place for the rehabilitation of prisoners; if not, why not; if so, what are the relevant details of the programmes offered?

Reply:

Yes, the Department has rehabilitation programmes for offenders. Using a multi-disciplinary approach, the implementation of Correctional programmes is one of the measures that the Department has in place with the aim to facilitate rehabilitation.

Correctional Programmes are needs-based programmes that address offending behaviour. These programme are non-therapeutic in nature and focus on raising awareness, providing information as well as developing life skills.

Correctional programmes are rendered by Correctional Officials (COs) and offenders who require in-depth therapeutic intervention are referred for specialized services to social workers and psychologists.

The target group for Correctional Programmes is sentenced offenders serving sentences of longer than 24 months. The Programmes are being conducted in line with the offender’s Correctional Sentence Plan.

There are thirteen (13) endorsed Correctional Programmes, namely:

1.  NEW BEGINNINGS

  • Empowering offenders for transition into and adjustment to the correctional centre.
  • The programme enhances their self-awareness; develop their conscience, independent will and creative imagination.
  • It assists them to control and choose their responses to stimuli.
  • It helps them understand and identify the four basic needs of man.
  • It helps them understand the concepts of self-awareness and self-esteem and the common crimes committed in South Africa.
  • It assists them to identify various factors contributing towards criminal behaviour and to understand the implications/ effects of crime. It assists offenders to discover their own role in decision-making and to be able to practice constructive decision-making skills.

2. ANGER MANAGEMENT (ANGER IN ANGER OUT) – TARGETS ALL ANGER RELATED OFFENCES E.G. MURDER AND ASSAULT

  • Raises offender awareness on the causes and symptoms of anger and how to manage anger.
  • Programme assists offenders to unlearn old habits associated with aggression and learn healthy ways of dealing with and expressing anger.

3. CROSS ROADS

  • Equips offenders with the necessary knowledge and skills to enable them to become responsible, law-abiding and productive citizens in to order to facilitate their successful reintegration into society.
  • Basic behaviour modification techniques are utilized in the programme.

4. RESTORATIVE JUSTICE ORIENTATION

  • Orientate offenders on the Restorative Justice System.
  • Prepare Offenders for involvement in Restorative Justice Programmes.

5. SEXUAL OFFENCES (Think Before you Act) – TARGETS SEXUAL OFFENDING BEHAVIOUR

  • To involve sexual offenders in a correctional programme addressing their sexual offending behaviour, through the acquiring of relevant knowledge (e.g. on biological development) and skills.
  • To assist offenders to identify possible causes to their sexual offending behavior.
  • To empower offenders not to re-offend by compilation of a coping plan for the future.

6. SUBSTANCE ABUSE (STOP TO START) - TARGETS ALCOHOL AND DRUG RELATED OFFENCES

  • It is aimed at helping offenders whose offending behavior is related to the use of addictive substances, to gain insight into the negative effects of the substances on their well-being.
  • It equips offenders with Information related to substance abuse and the addiction cycle.
  • It assists offenders to know the signs and symptoms of substance addiction.
  • It assists offenders in developing coping skills.
  • It gives them information on how to restore broken relationships.

7. BEHAVIOUR MODIFICATION PROGRAMME ON GANGSTERISM

  • The main objective of this programme is to raise awareness amongst offenders on gang related activities and specifically the negative consequences thereof.
  • The programme empowers offenders with practical skills to change behaviour and cope in a correctional centre without any affiliation to gangs.

8. ECONOMIC CRIME PROGRAMME (FRAUD RELATED) - TARGETS FRAUD AND RELATED OFFENCES

  • The programme addresses offending behaviour, specific related to fraud and related offences within a holistic approach.
  • The programme assists offenders to understand the impact of economic crimes on South Africa, the society, their families, as well as on themselves.
  • It gives them understanding of the various offences that fall within the scope of economic crimes.
  • It assists offenders in making ethical decisions in line with the expectations, norms and values of the community.
  • The programme provides the offenders with information on the different theories related to the reasoning behind economic crimes.

9. ECONOMIC CRIME PROGRAMME (THEFT RELATED) – TARGETS THEFT RELATED OFFENCES

  • The programme addresses offending behaviour, specifically related to theft and related offences within a holistic approach.
  • It assists offenders to acquire practical and applicable life skills
  • It gives them an understanding of the link between alcohol, drugs and crime.
  • It assists offenders in making ethical decisions in line with the expectations, norms and values of the community.

10. PROGRAMME ON MURDER AND RELATED OFFENCES (CHANGING LANES) – TARGETS MURDER AND RELATED OFFENCES

  • The programme assists offenders to have a better understanding on what a human being entails.
  • It empowers offenders to break the cycle of violence.
  • It assists offenders in understanding the link between murder and related offences and weapons.
  • The programme assists offenders in understanding emotional intelligence, the importance thereof and how the apply it.
  • The programme assists offenders to implement a personal action plan to change their behaviour and attitudes related to the offence committed.

11. PROGRAMME ON ROBBERY AND RELATED OFFENCES (CHANGE IS POSSIBLE) – TARGETS ROBBERY AND RELATED OFFENCES.

  • The programme unpacks four theories of human behaviour and the possible links of these theories to the criminal behaviour of the offender.
  • The impact of the crime, the victims of the specific crime as well as the effects of the crime are being addressed.

12. A Correctional Programme for female offenders

The programme was developed specifically for Female offenders is divided into four sub-programmes:

Sub- Programme1 of 4: General Life Skills

  • Explain the role of resilience in emotional health.
  • Encourages woman to appreciate themselves more and able to cope positively with difficult emotions and stressful circumstances.
  • Provides knowledge on how to deal with the mistakes, learn from them and know how to deal with labelling.
  • Helps woman to Know and understand the different techniques to manage behavioral problems of children.
  • Provides knowledge and understanding of parenting goals, understand grants available for children and help them to know the danger of labelling children.
  • Helps woman to recognize a problem and follow the steps involved in problem solving and how to identify barriers in finding the best solution for a problem.

Sub-Programme 2 of 4: Relationships

  • Understand the importance of supportive relationships and positive, true connections in the psychological development of women.
  • Helps female offenders to maintain healthy relationships by identifying the signs and characteristics of a healthy relationship.
  • Promote a better understanding of unhealthy relationships and the impact of domestic violence on women.
  • Provides knowledge on the restoration of family relationships after incarceration.

Sub-Programme 3 of 4: Addictive Behaviour

  • Assist the female offenders to understand the importance of friendship and identify the signs of bad company and bad friendship.
  • Defines Substance Abuse and assist offenders with understanding the symptoms and prognosis of Substance Abuse. Example, ‘Nyaope’ and its negative effects on the society.

Sub-Programme 4 of 4: Career Building

  • Empower offenders with knowledge and skills on career building and planning.
  • Empower them on the importance of setting goals and how to increase their chances for success.
  • Raises awareness on mistakes that people make in goal setting.
  • Provides information on processes that need to be considered in Job hunting like Curriculum vitae and preparation for the interview.
  • Knowledge of cutting expenses and getting out of debt are the main factors of personal finance.

13. PRE-RELEASE

  • Prepare offenders for successful reintegration.
  • Teaching of skills to overcome difficulties associated with reintegration.
  • Ensure that proper support systems are in place before placement.
  • Provision of information about external resources.
  • Assist with the restoration of relationships.
  • Teach offenders to take responsibility for their own behavior.
  • Assistance with the building of the self-esteem and self-confidence.
  • Provision of information on the prevention of re-offending and relapse.

In order to addresses the specific needs of youth offenders, (4) four of the Correctional Programmes have been amended with sound effects and animations in an attempt to ensure the involvement and interest of this category of offenders.

SOCIAL WORK SERVICES

  • Anger Management Programme

It is the programme that is aimed at assisting offenders to develop insight into their behavioral patterns in order to manage their violent and aggressive behavior.

  • Sexual Offender Treatment Programme

The programme utilizes the cognitive behaviour approach which focuses on increasing offenders’ self-control over their offending behaviour.

  • Substance Abuse Programme

It is aimed at targeting behavioral, psychological and emotional symptoms of drug and substance abuse as well as preventing relapses.

  • Substance Abuse Programme

It is aimed at targeting behavioral, psychological and emotional symptoms of drug and substance abuse as well as preventing relapses.

  • Youth Resilience Enhancement Programme

Focuses on empowering youth offenders with skills resilience and attitude to beat the odds whilst inculcating habits geared towards exploitation of all available self-development opportunities

  • Cool and Fit for Life (Youth Programme)

It is aimed at empowering young offenders to make informed decision by developing their interpersonal skills.

  • Elderly Offender Programme

It is aimed at empowering elderly offenders to recognize the skills and wisdom that they have and encourage them to impart such wisdom to the coming generations and help prepare them for successful reintegration into society

  • Sisonke Family and Marriage Care Programme

The programme intends to improve, strengthen and maintain family relationships.

  • Parenting Skills Programme

The programme intends to improve parental relationship skills between offenders and their children and also to equip them with various disciplinary mechanisms.

SPIRITUAL CARE

  • Anger management programme

The programme grants the participants opportunity and the ability to identify and solve problems that trigger anger. Participants are empowered on responsible decision making using critical and creative thinking towards the control of anger. They gain knowledge on how emotions and anger relate to one another as well as appropriate and inappropriate anger. They are also skilled on how to manage anger and enhance personal effectiveness together with self-management.

  • Pre-release programme

This programme aims to guide and empower participants to personal development by helping in these areas: applied basic personal values and ethics. Having Realistic Expectations, Having a check on Friends’ Influence, Meeting and Coping with Resistance, Restoring family relationships, Taking the offender back into the community, Starting afresh, Bringing the offender into a contact with a Spiritual leader.

  • Family firm foundation

The programme unlocks individual historical family background enhancing the participants’ basic understanding of family concepts. It informs participants about a family as a major social institution and focuses on a person’s social activities. It gives the participant an understanding of; the responsibilities that individuals have, the household financial management and daily operations. After completing this programme the participant will be able to accept and appreciate that he/she has a family and know his/her worth to that family. The participant will identify his/her roles and responsibilities in a family.

  • Igugulethu our treasure

Through this programme participants gain knowledge and skills in communication, managing conflict in relationships, personal restoration, emotional stability, personal well-being, social reintegration and how to lead a fulfilling life.

  • Self-image

This programme provides six steps to a better self. Scriptures which focus on self-image are quoted and utilised to help in understanding factors which have to do with physical self-concept, personal concept, and concept of family, friends and self-concept, religious self-concept.

  • Heartlines programmes

Heartlines programmes help one to have a deeper understanding of the common eight values, namely, grace, forgiveness, compassion, acceptance, responsibility, perseverance, honesty and self-control. The Heartlines Values and Money programme targets both officials and inmates especially those who have committed economic offences. These programmes challenge participants to live out the values and they also prepare them for a smooth social integration process.

  • Combating HIV & AIDS through spiritual and ethical conduct (chatsec) programme

The programme is about preventing HIV in the Department of Correctional Services. It focuses on ten key areas which include, capacity counselling and testing, prevention of occupational exposure, health management of sexually transmitted diseases and others.

  • Phomolo life steps

The programme is aimed at equipping the participant with; Spiritual wellness, ability to identify problems, life orientation, personal growth and development, Personal Life Toolkit, Emotions, Behaviour and Character. It helps participants to work effectively with others as members of a team, group, body and community.

  • Pitso-imbizo reconciliation

The programme educates the participants on how to deal with guilt, how to forgive, acceptance of self and others, the impact of fear of rejection, the significance of commitment and determination. It also educates participants on how one can restore self-worth, relationships, trust and hope.

FORMAL EDUCATION

Formal Education offer the following programmes:

  • Pre-Literacy (for those who are illiterate): This programme is offered for offenders who cannot read or write
  • Adult Education and Training (AET) Levels 1-4: This is equivalent to Grades 1-9 in normal mainstream education and it’s for offenders who want to pursue studies in the General Education and Training (GET) Band.

Further Education and Training (FET): Grades 10-12. All those offenders that have successfully completed the above-mentioned programme get an opportunity to pursue studies in the FET Band following a curriculum known as Curriculum and Assessment Policy Statements (CAPS), similar to all external schools within the education system of the country.

Higher Education and Training (HET): After completing their Grade 12 qualification, offenders are afforded an opportunity to advance their education through distant education. In this instance, they are assisted with registration at various institutions of higher learning at their own cost.

Computer Based Training: This programme is offered to promote computer based learning among youth centres and is offered in designated Computer Based Training Centres (CBT) where we offer basic Computer Literacy as well as the advanced International Computer Driver’s License (ICDL).

SKILLS DEVELOPMENT

Skills Development programmes are offered to offenders as per need registered in their respective Sentence Plans: Offenders who, during the assessment process indicate their need to be skilled and to further their education during their incarceration are offered the following skills programmes:

  • Skills training:
  • Entrepreneurial training;
  • Vocational and Occupational training (these programmes are available up to Artisan level).
  • TVET College programmes:
  • Engineering Studies: N1 to N6;
  • Business Studies: N4 to N6;
  • National Certificate Vocational [NC(V)] Level 2 - 4.

The entry requirement for placement in these programmes is Grade 9/ Standard 7 or Adult Education and Training (AET) level 4.

PRODUCTION WORKSHOPS AND AGRICULTURE

The Department has twenty-one (21) farms and one-hundred and fifteen (115) small agriculture sites, as well as nineteen (19) textile workshops, ten (10) wood and ten (10) steel workshops, nine (9) bakeries and one (1) shoe factory.

The production workshops and agricultural activities promote the transfer of skills to offenders by complementing skills development rehabilitation programmes and improving their personal and social functioning (i.e. work ethics) by providing them with skills utilization and skills development opportunities. The products generated/manufactured/produced in the process, are used for self-sufficiency and to ultimately reduce Government expenditure.

The below table illustrates on average offender labour per day at agriculture and production workshops:

Production Workshop and Agriculture

2010/

2011

2011/

2012

2012/

2013

2013/

2014

2014/

2015

2015/

2016

2016/

2017

2017/

2018

Production Workshops

1 693

1 608

1 515

1 690

1 690

1 817

1 765

1 547

Agriculture

2 906

3 215

3 110

3 281

3 276

3 108

3 268

3 308

Development opportunities in Agriculture:

Item No.

Type of Enterprise/ activities

1.

Vegetable production (21 farms and 115 small sites)

2.

Fruit production (13 farms)

3.

Milk production (17 farms)

4.

Red meat production - Beefers (19 farms)

- Small stock (5 farms)

5.

Poultry- broilers (3 farms) and layers (7 farms)

6.

Abattoirs: Red meat (17 farms) and white meat (3 chicken farms)

8.

Piggeries (15 farms)

Development opportunities in Production Workshops:

Item No.

Type of Facility

Products range

Trades / Activities

 

Wood Production

(10 workshops).

  • Office Furniture Products.
  • School equipment.
  • Recreational equipment.
  • Various wood products.
  • Repair/rehabilitation of office furniture & wood products.
  • Cabinet making.
  • Wood machining.
  • Upholstery.
  • Furniture polishing.
 

Steel Production

(10 workshops).

  • Security equipment.
  • Cell equipment.
  • Kitchen and dining equipment.
  • Rehabilitation of steel equipment.
  • Agriculture equipment.
  • Various steel products.
  • Welding.
  • Plate metal work.
  • Fitting & turning.
  • Spray painting and powder coating.
  • Sign-writing
  • Jig tool and die making
 

Textile Production

(19 workshops).

  • Offender uniform.
  • Offender bedding.
  • Various products, i.e. property bags.
  • Garment manufacturing.
 

Bakeries

(9 bakeries).

  • Bread
  • Craft bread baking.
 

Shoe factory

(1 shoe factory).

  • Offender Shoes (male)
  • Shoe manufacturing.
 

Prison Locks –manufacturing workshop

  • Prison locks, locks for courts, South African Police Services and Mental Institutions (for Department of Health).
  • Locksmith
 

Printing workshops

  • Printing of the signage.
  • Graphic Designer

SPORTS, RECREATION, ARTS AND CULTURE

Sport, Recreation, Arts, Culture & Library programmes and services are provisioned in such a manner that they add value to lives of participants and are central to the Rehabilitation Plan of each offender in order to assist them to re-order their lives in a positive manner, taking their social economic and cultural background into account.

The SRAC national programmes are structured and coordinated to be geared towards building and supporting self sufficiency and necessary for reducing the likelihood of offenders becoming involved in criminal activities again. This is done through partnership with Departments of Arts and Culture, Sport and Recreation, Sports Federations and NGOs e.g. Libraries: Library, Library Education Programmes.

The following are the National Projects for 2018/19 Financial Year:

  • Training of male and female offenders on Beadwork and Recycle Project is currently being rolled –out in all the Regions, as part of skills development programme that will contribute positively to their Social Economic and Cultural background. There are more than (± 2 250 trained elderly male and female offenders nationally).
  • Funda Mzantsi Project: This annual programme is aimed at encouraging offenders to develop appreciation and knowledge through reading of books, reviewing, provide analysis and engage in constructive debates on topical issues. The project is in partnership with the Centre for the Book (CFB) a branch of the National Library in the DAC. Offender participation in this programme starts at the Correctional Centre Level, Management Area Level, proceeds to Regional Level and lastly to the National Championships where talents are showcased at a National platform.
  • 67 Blankets for Nelson Mandela Day. The project profiled offender programmes of rehabilitation for re-integration in front of millions of South Africans:
  • The project is a partnership between the Department of Correctional Services and 67 Blankets for Nelson Mandela Day and has yielded DCS great results since its inception in 2015, it is important to mention that it has placed DCS in the Guinness World Records in 2016 by creating the largest crocheted blanket measuring 17 181 m2.
  • The main aim of the project is to ensure that offenders are given the opportunity to reach out to communities outside of prison walls. By hand-making blankets that are donated to 67 Blankets for Nelson Mandela Day, the offenders are afforded an opportunity to make a huge difference in the lives of those living in poverty stricken circumstances.
  • This project is also focussing at skilling offenders, enabling them to realize their full creative potential through nurturing their creativity, expression and innovation. Provide a tool for offender development and to prepare them for their reintegration back to the community.
  • The Massive Mandela Masterpiece (MMM) started in 2017 and 45 Management Areas participated in the project. This project was in line with Madiba’s centenary which is celebrated in 2018, which bears Madiba’s face and could only be seen from the sky due to its size. 67 Blankets provided cameras and screens to enable proper viewing by the audience. The programme saw inmates knitting their way to ensure that DCS is once again put on the World Map. The final product measured ±8000m² and was revealed at Zonderwater Correctional Centre, sports field on 24/04/2018 for the World to view.

Ongoing Crime Prevention Programme: Stories behind bars

Individual and group talents were discovered through a coordinated drama performance by female offenders on a story-line “Stories behind bars”. The outcome of this programme based on the partnership is to expose talent and educate communities on crime prevention, through Grahamstown Arts Festival and Pretoria State Theatre.