Questions and Replies

Filter by year

20 March 2024 - NW229

Profile picture: Mkhwebane, Adv B

Mkhwebane, Adv B to ask the Minister of Justice and Correctional Services

What steps is he taking to ensure that those granted unaffordable bail are transferred to remand detention until their cases are finalised by the courts, in light of the Judicial Inspectorate for Correctional Services’ (JICS) report to Parliament in October 2023, which indicated that unaffordable bail is one of the main contributors to overcrowding in prisons in which almost 5000 inmates are unable to pay bail set at R1000?

Reply:

The two strategies (categorised as direct measures in the overcrowding reduction strategy) which are driven by the Department of Correctional Services are:

  • Bail review which entails submitting of applications to court in line with section 63A and 63(1) of the Criminal Procedure Act.
  • Referral of applications to court for consideration of the length of detention of Remand Detainees (49G of the Correctional Services Act) at 21 months initially and annually if the RD continues with detention after submitting the initial and subsequent applications. Since there is no parallel section in the Criminal Procedure Act for handling the 49G applications, the bail review sections and subsections (section 60) are utilised when considering the 49G applications. The section refers to a multitude of interest of justice factors which have to be considered in each case when considering releasing the Remand Detainees, however the Department of Correctional Services as a detention institution is not informed of the factors.

The following table provides a breakdown of bail amounts of R1000 and below of RDs detained in South African correctional facilities. Contrary to the mentioned report, nationally, a total of two thousand eight hundred and twenty (2 820) remand detainees were detained with bail below R1000 as at quarter 3 of 2023/23 (31 December 2023).

Region

R500 and below

>R500 to R1000

EC

244

274

FSNC

238

149

GP

280

374

KZN

172

170

LMN

134

211

WC

271

303

Total

1339

1481

Grand total

2820

It should be noted that Department records the number of remand detainees incarcerated with an option of bail however, that the Department does not have information that plainly confirms that the remand detainees granted bail are still in detention due to inability to pay bail.

The Department will continue to refer remand detainees who qualify to court in terms of the Section 63 of the Criminal Procedure Act (Act 51 of 1977). Some of the RDs who are detained with an option of bail do not qualify for bail review in terms of the Bail Protocol due to the nature of crimes they are detained for.

END

15 March 2024 - NW226

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Justice and Correctional Services

(1) Whether he has established the reasons why the National Prosecuting Authority (NPA) failed to prosecute the cases referred for prosecution by the Truth and Reconciliation Commission (details furnished); if not, what is the position in this regard; if so, what are the relevant details; (2) what measures, checks and balances has he and/or the NPA put in place to prevent an ongoing failure by the State to prosecute the specified crimes?

Reply:

(1)

As a point of departure, we wish to draw the attention of the honourable Minister to the fact that the NPA is required to present on a continuous basis progress made in TRC matters to the Justice Portfolio Committee. The latest presentation can be made available to Mr B N Herron if he has not been privy thereto.

Specifically, regarding the “Cradock 4” matter a fully motivated request for the reopening of the inquest was submitted to the Minister which led to the Minister’s announcement on 5 January 2024. The NPA submitted in the application that new evidence consisting of primarily the amnesty applications and evidence obtained during the evidence during the TRC amnesty hearings of several SAPS Security Branch members and not placed before the two previous inquests rendered a reopening of the inquest in the interest of justice. This is especially important that finality and closure is brought to the families of the deceased who have waited decades for the truth of who murdered their loved ones.

(2)

As to measures, checks and balances TRC matters has since September 2021 been prioritised within the NPA, resulting in the creation of a separate TRC Component, within the office of the Deputy National Director of Public Prosecutions (DNDPP) Adv RJ de Kock.

Pertaining to capacity at national level a Special Director and a National TRC co-ordinator were appointed to assess the progress on all TRC matters and account directly to the DNDPP. There is strict monitoring and accountability.

Dedicated prosecutors and investigators were appointed within the divisions to specifically deal with TRC matters to expedite investigations and decisions. Deviation was obtained from DPSA for prosecutors to be appointed on a contract basis for a period of three years.

An audit of all outstanding matters migrated to the divisions in 2019 were done. It was important to gauge as to how far the investigation had progressed, what was outstanding, and provide a time frame for investigations to be finalised. Decisions in matters are made by the Directors of Public Prosecutions and submitted to the national office where it is carefully assessed, and due consultation and further engagement takes place where required. The NDPP retains her powers of review regarding all decisions. This is important to ensure checks and balances.

Additional matters emanating from the TRC were identified, and provided they had not prescribed, were referred formally for investigations to DPCI. Thereafter they were referred to DPPs for appointment of prosecutors to guide investigations.

Certain matters were identified for fast tracking. Factors considered were age of the matter, age of witnesses/persons of interest, availability of dockets or inquest records etc.

There are regular meetings and updates to the families, as per the instructions of the NDPP. There is also ongoing involvement of relevant stakeholders and government departments.

Accountability sessions are a joint initiative between NPA/DPCI to drive progress on TRC matters. There has been a demand and increase in sessions for upskilling of both prosecutors and investigators in relation to TRC matters.

At National level, comprehensive reports are submitted monthly where progress from all divisions, are accurately gauged. Accountability is stressed. Divisions are held to account. Interventions are staged in non-performing divisions. DPCI/NPA interactions and workshops are critical in so far as training/evaluation and progress is concerned.

08 March 2024 - NW303

Profile picture: Graham, Ms SJ

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

(1)With regard to the emergency generators received from China, (a) what is the breakdown of the total number of generators that were allocated to his department and (b) how were these generators allocated to various entities within his department; (2) (a) how were these generators transported to their final destinations and (b) what (i) are the full details of the service providers who transported the generators and (ii) is the total cost of transporting these generators; (3) whether his department is responsible for the provision and procurement of diesel for the generators; if not, what is the position in this regard; if so, what are the relevant details, including the cost of the diesel used to date; (4) how many of the generators that reached their destination are (a) installed and functional and (b) yet to be installed?

Reply:

1. a) The Department of Justice and Constitutional Development (DOJ&CD) and the Department of Correctional Services (DCS) was not allocated emergency generators received from China.

b) Not applicable.

2. a) Not applicable

b) i) Not applicable

ii) Not applicable

3. Not applicable.

4. a) Not applicable

b) Not applicable.

05 March 2024 - NW127

Profile picture: Msimang, Prof CT

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

Whether the budget cuts in his department have impacted any programmes run by his department; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The budget cuts are expected to impact the Department of Justice and Constitutional Development substantially.

Relevant details:

Court Administration: Budget cuts will obstruct the expansion of specialized courts for commercial crimes and impede the full implementation of gender-based violence legislation. A significant increase in case backlogs is anticipated, with an estimated additional 150,000 cases. The delays in processing maintenance cases and administering estates will negatively impact beneficiaries dependent on these funds.

State legal Services: The State Attorney's capacity to settle cases and reduce contingent liabilities will be hindered, leading to potential losses in litigation and increased state expenditure. Additionally, efforts to overhaul the civil justice system and reform legal services will be significantly impeded, potentially undermining the efficacy and reliability of state litigation and legal services.

National Prosecuting Authority's (NPA): The budget cuts will severely disrupt the NPA’s progress in handling complex prosecutions, particularly those involving state capture cases. the provision of adequate protection services for prosecutors, the ceasing of the Aspirant Prosecutors programme which was the training programme for next generation prosecutors and will impede the expansion of Thuthuzela Care Centres which were introduced as a critical part of South Africa’s anti‐rape and gender‐based violence strategies, which aim to reduce secondary victimisation, improve conviction rates and reduce the time taken to finalise cases.

Special Investigating Unit: The budget cuts will restrict increasing staff to address a growing number of investigations, which could damage its reputation and hinder its ability to achieve strategic goals such as improved investigation times, data analytics for corruption cases, accelerated civil litigation, and digital transformation.

Legal Aid South Africa: A substantial decrease in the number of courts served and a reduction in civil cases due to a shortage of practitioners. This will also lead to a strained staff complement due to higher caseloads, increased service complaints and a significant rise in court backlogs.

Modernisation: The budget cuts will significantly constrain the Department’s technological operations and infrastructure. Essential system maintenance and the progress achieved with a new data centre are at risk. Planned ICT upgrades and the deployment of the Court Audio Visual System are likely to be delayed, forcing continued reliance on outdated equipment. The department must keep pace with rapid technological changes, which necessitates substantial financial investment.

05 March 2024 - NW121

Profile picture: Groenewald, Dr PJ

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

With reference to his reply to question 2940 on 16 November 2023, what total number of cases did the National Prosecuting Authority refer back to the SA Police Service with directions for further investigation in the [a] 2018 to 2019, [b] 2019 to 2020, [c] 20/20/21, [d] 2021 to 2022 and [E] 2022 to 2023 financial years?

Reply:

The number of case dockets received for decision that has been referred back to the SA Police Service for further investigation is displayed in the Table below. The decision by a prosecutor when considering a decision docket will reflect if a decision was taken or if more or further investigation is required. These are recorded in a decision docket register at each Magistrate Office and also at the offices of the Directors of Public Prosecutions. The request for further investigation may be required to make a final decision but it may also relate to completing the chain of evidence for evidentiary purposes in court and in getting the case ready for enrolment. Depending on the nature of the charges, some investigation could require financial audit reports or additional forensic or ballistic evidence which a prosecutor from previous experience deem necessary in preparation for the enrolment and subsequent trial. Especially in instances where additional reports are required, these often entail additional costing which the SA Police will only undertake if so guided by the prosecutor. The referral numbers below to the SA Police Service do not include case dockets already enrolled in the courts.

The importance of the investigation to be completed before enrolment, especially in decision dockets where no accused is appearing in court as yet, is that it will prevent unnecessary delays in court and also curb the cost of court appearances. The aim is also to comply with the “Norms and Standards for performance of judicial functions” published in 2024 by the Chief Justice and in terms of which the following guidelines were recommended:

“Finalisation of criminal cases:

a) In order to give effect to an accused person’s right to a speedy trial enshrined in the Constitution, every effort shall be made to bring the accused to trial as soon as possible after the accused’s arrest and first appearance in court.

b) The Judicial Officer must ensure that every accused person pleads to the charge within 3 months from the date of first appearance in the Magistrates’ court. To this end Judicial Officers sall strive to finalise criminal matters within 6 months after the accused has pleaded to the charge.”

Financial Year

FURTHER INVESTIGATION

FY2017-18

305555

FY2018-19

314634

FY2019-20

302192

FY2020-21

296807

FY2021-22

295399

FY2022-23

306034

Total

1820621

05 March 2024 - NW224

Profile picture: Maseko-Jele, Ms NH

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

(1) Whether any impact assessment of the track-and-trace system that is aimed at addressing issues regarding defaulters of child maintenance has been made; if not, what is the position in this regard; if so, what are the findings; (2) how is his department dealing with the concealment by defaulting parents of income and assets in the informal sector

Reply:

1. No impact assessment has been conducted of the current Maintenance Track and Trace System as it has been found to be generally helpful by Maintenance Investigators. This system is used in conjunction with manual investigation mechanism where further or additional information is required. In response to what is the position in regard to an assessment being conducted, there are no plans in place to conduct an impact assessment of the system as it is a private provider system and plans are underway to support it through the development of a Person Verification System which will enable intergovernmental information sharing as an initiative to be implemented in conjunction with the Integrated Justice System (IJS).

2. Various forms of manual or physical investigations are conducted into the financial information of an informal trader or business owner who defaults on paying maintenance obligation in line any Maintenance Order. This manual or physical investigations include searching of financial information through conducting in-depth banking information analysis of Contra Nepsa reports obtained from several banking institutions through issuance of subpoenas on the individuals. These reports provide a trail of inflows and outflows of movement of funds from different accounts and to different banks. This provides expenditure trends which are analyzed and submitted to courts for consideration.

Where an informal trader or business owner is not found on the banking system a lifestyle trend analysis is drawn to track and trace the expenditure trends. Here institutions including Local Government’s Vehicle Registration Departments are approached to determine whether the individual owns any vehicle(s) or whether any of his payees from his or accounts own vehicles used by the person investigated, Deeds Offices are serve with subpoenas to determine home ownership or ownership of persons with close personal relations whose homes are used as residential premises of the person investigated. These are linked with the Contra Nepsa reports to determine whether other persons may be concealing properties or monies belonging to the person investigated. SARS searches are also conducted to determine whether income tax payment trends or whether there are any monies due to the individual investigated. These manual or physical investigations are conducted according to the circumstances of each individual Application.

05 March 2024 - NW214

Profile picture: Mkhwebane, Adv B

Mkhwebane, Adv B to ask the Minister of Justice and Correctional Services

What are the reasons that the National Prosecuting Authority issued a nolle prosequi on a perjury case opened by Dr R Kasilembo in Woodstock, case number 273/10/2023, a day after it was opened?

Reply:

The correct docket particulars of the perjury case in which Dr Kasilembo is the complainant, is Woodstock CAS 276/10/2023 and not Woodstock CAS 273/10/2023.

No Nolle Prosequi certificate has been issued in this case. The docket has been returned to the police for further investigations to enable the Director of Public Prosecutions for the Western Cape to make an informed decision whether or not to institute a prosecution. Dr Kasilembo was advised that a further communication will be addressed to her regarding the outcome of the investigations.

23 February 2024 - NW9

Profile picture: Msimang, Prof CT

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

Given that the courts have recognized the right of prisoners to further their education and highlighted the importance of personal computers as tools of education, how does his department intend to facilitate access to educational resources, considering the (a) evolving nature of study material s being available in electronic format and (b) alignment of security measures with the ruling within correctional facilities.

Reply:

a) In line with Formal Education Procedure- section 7.2.7.1, indicates that all offenders who have registered for education programmes that require access to electronic material are granted the use of computers/ laptops within the Correctional Centre. Personal laptops are allowed for educational purposes with the approval of the Head of the Centre.

b) As outlined in the Formal Education Procedure- section 7.2.9, the Department of Correctional Services has a secure room within the Correctional Centre or at the school available specifically for the placement of computers/ laptops for offenders.

A designated official is assigned to specifically control the use and access to all computers/ laptops in the secured room.

END

REPLY:

05 January 2024 - NW4137

Profile picture: Mthethwa, Mr E

Mthethwa, Mr E to ask the Minister of Justice and Correctional Services

(1)Whether he has a mechanism in place when cases in courts are regularly postponed; if not, what is the position in this regard; if so, what are the (a) justifications for a postponement of a case in excess of 75 times and (b) are the cost implications that could be attributed to such postponements including the costs related to legal aid provided in such cases; (2) whether any mechanisms in the judiciary have been reported to him that alerts the Judge Presidents of the various divisions of the High Court of multiple postponements of cases for their attention in order to minimise unnecessary and further costs and delayed processes that deny justice to those who seek and are desperate for it; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. Yes, there are mechanisms in place to address cases in courts which are regularly postponed. These include the quarterly meetings of senior members of the Department of Justice and Constitutional Development, with the Regional Court Presidents’ Forum as well as separately with the Chief Magistrates’ Forum, as Magistrates are in charge of Case-flow Management in courts. These meetings discuss blockages in the system and measures to address such blockages. The relevant actions on backlog cases, are further discussed at such meetings.

a) Please would the Hon member give me the details of the case that has been postponed in excess of 75 times, so that I can request the Department to follow up on such with the relevant Regional Court Presidents’ Forum or Chief Magistrates’ Forum, as well as the relevant Provincial Head of the Department of Justice and Constitutional Development? I would not regard postponement of a case in excess of 75 times, as acceptable, but I do not know the reasons for such, i.e., it may have been caused by the accused himself or herself, by changing attorneys every now and then, which forces postponements because attorneys need to learn the history of the case.

(b) Legal Aid South Africa has informed me as follows:

(i) The mandate of Legal Aid SA in so far as the representation of accused persons in criminal matters are concerned, derives from section 35(3) of the

South African Constitution.

(ii) The accused in a criminal matter has the choice to conduct their own defence, alternatively, appoint a legal representative of own choice and, if they cannot afford a legal representative of their own choice, to apply for legal aid, in which case a legal representative will be appointed for them at no cost to them.

(iii) In the 2022/2023 Financial Year, Legal Aid South Africa represented a total of 322 337 accused persons in criminal matters across all courts. Legal

representation is provided using mainly salaried legal practitioners in the full-time service of Legal Aid SA. However, a small portion of matters, being 2% in

the 2022/23 Financial Year, are allocated to independent legal practitioners using Legal Aid SA’s Judicare and agency model.

(iv) In criminal matters, the state is dominus litis and all prosecutions are at the behest of the National Director of Public Prosecutions.

(v) Very few criminal cases are capable of finalization at the first appearance and most criminal cases will be postponed at least once, the number of postponements and the reasons therefore differing from case to case.

(vi) It must be understood that a matter may be postponed, whether or not substantive proceedings were conducted on the day the matter was postponed, ad whether or not substantive proceedings are to be conducted on the next date of appearance. The word ‘postponement’ therefore does not equate to wasted court time.

(vii) The postponement of a case impacts productivity and cost-effectiveness, only if it is unnecessary. It must be noted however, that what may be unnecessary for one court stakeholder may be seen as necessary by another. Presiding officers have the overall responsibility to see to the efficient operation of the courts and therefore, a party seeking a postponement, must provide sufficient reasons for the request.

(viii) Legal Aid SA has a comprehensive Quality Management Program and as part of this program, every practitioner’s case is reviewed so that no unnecessary postponements are caused by the practitioner. The practitioner is also required to oppose all requests for postponements by the prosecution, which are unnecessary, or are likely to prejudice the client. The quality management program is applied to all legal practitioners dealing with legal aid work, notwithstanding the fact that they may practice independently.

(ix) A productivity monitoring program is also in place and all practitioners’ cases exceeding targeted turnaround times, are monitored. This ensures that legal practitioners keep postponements to a minimum, so that their cases may be finalized speedily. On average for Legal Aid SA Internal Practitioners, there are 2.8, 3.5 and 2.4 postponements per District, Regional and High Court matter, respectively, as per Legal Aid SA Management Information Systems. In regard to Judicare Practitioners (Private Practitioners) there are on average 3.3, 4.3 and 3 postponements per matter in the District, Regional and High Courts, respectively.

(x) Both the quality and productivity targets form part of our practitioner’s performance contracts as well as those of their managers and supervisors.

(xi) Legal Aid SA also has stakeholder engagement programs aimed at improving efficiencies in the court system. These include Local Case Flow Management Committees, as well as National and Provincial Efficiency Enhancement Committees.

(xii) Legal Aid SA shares data trends with other court stakeholders in a bid to promote an inter-sectoral approach in fighting case backlogs.

(xiii) Because the bulk of Legal Aid SA’s work (97%) is done by their own internal practitioners, the cost of postponing a case cannot be distinguished from the cost of any other work performed by an employee on a given day. However, where a matter is handled by Judicare, every postponement is remunerated according to approved tariffs, currently being R295 per postponement but was R276 in the 2022/23 financial year.

(xiv) There were 18 137 and 13 324 court sitting days in the year where the District and Regional Courts, respectively, sat when Legal Aid SA did not cover the Courts due to capacity constraints. This will result in postponement of matters where accused persons require legal aid representation but there is no legal aid practitioner scheduled to appear at the court on these days. This will result in the postponement of matters to a date when a legal aid practitioner is scheduled to appear in the Court.

(xv) The estimated cost of postponements, without considering the rationale, is

estimated to amount to R266 million for the 2022/23 financial year in respect

of Legal Aid SA.

2. (a); and (b) I have been informed by the Secretary-General of the Office of the Chief Justice that the Office of the Chief Justice does not maintain a performance dataset on the number of postponements per case in the Superior Courts. However, the OCJ continues to embrace the advantages that technology presents and leverages on it. The modernization of court processes remains a key priority area for the OCJ, not only to improve access to justice for all in accordance with section 34 of the Constitution but to enhance effective record management. As such, the Court Online system has been rolled out to the Gauteng Division of the High Court in Pretoria and Johannesburg and a further rollout is imminent.

The Provincial Efficiency Enhancement Committee (PEEC) chaired by the Judge President of a Division interrogates the blockages and constraints that impact on the speedy resolution of cases. The performance of judicial functions falls however under the purview of the Judiciary and the Chief Justice. It was advised that requests for information relating to the performance of judicial functions, be directed to the Chief Justice.

 

05 January 2024 - NW3873

Profile picture: Pambo, Mr V

Pambo, Mr V to ask the Minister of Justice and Correctional Services

(a) What total number of (i) pre-1994 elections Special Branch members applied for amnesty at the Truth and Reconciliation Commission and (ii) such applications were (aa) granted and (bb) denied and (b) what (i) happened to the Special Branch members who were denied amnesty and (ii) were their names?

Reply:

(a) What total number of

(i) pre-1994 elections Special Branch members applied for amnesty at the Truth and Reconciliation Commission and

(ii) such applications were (aa) granted and (bb) denied

The information on the total number of the pre-1994 elections Special Branch members who applied for amnesty at the Truth and Reconciliation Commission and whose applications were granted and denied is available on the amnesty hearing transcripts and on volume 6 section 3 chapter 1 of the Truth and Reconciliation Commission report which are available on the Department of Justice website www.justice.gov.za/trc/index/html.

(b) What (i) happened to the Special Branch members who were denied amnesty

The National Prosecuting Authority has established a section in the National Prosecuting service handling TRC amnesty and prosecution related matters.

(ii) What were their names

Their names are available on the Department of Justice website on the amnesty hearing prescripts www.justice.gov.za/trc/index/html.

05 January 2024 - NW4006

Profile picture: Groenewald, Dr PJ

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

what total number of a firearms and ammunition of each (i) type and (ii) calibre were (aa) stolen and (bb) lost and/or went missing at each correctional centre in each province (aaa) in the past four financial years and (bbb) from 1 April 2023 up to the latest specified date for which information is available. (2) What steps has his department taken to combat the theft and loss of the firearms and ammunition (3) Whether any persons were (a) arrested and/or (b) found guilty in this regard; if not, why not, if so, what total number of (i) persons were arrested and/or found guilty and (ii) the specified persons were members of Correctional Services?

Reply:

  1. The total number of firearms and ammunition of each type and caliber which were stolen and lost and/or went missing at each correctional centre in each province in the past four financial years up to the latest specified date is as follows:

REGION

Centre

a) Total number of firearms (Type & calibre)

b) Total number of ammunition (Type & calibre)

(aa) Stolen

(bb) Lost/ missing

(aaa) period

(bbb) April 2023 till date

LMN

Modimolle CC

One (1) Glock 9mm

N/A

N/A

Lost

2020/21

N/A

 

Witbank CC

One (01) Beretta 9mm

15 ammunition

(magazine)

Stolen

N/A

N/A

2023/24

 

Makhado CC

One (01) Bereta 9mm

15 ammunition

(magazine)

N/A

Lost

2022/23

N/A

EC

King Williams Town

One (1) Glock 9mm

N/A

N/A

Lost

2021/22

N/A

 

Middeldrift CC

One (01) Z88 9mm

N/A

N/A

Lost

2020/21

N/A

 

Mdatsane CC

Two (02) Z88

9mm

30 ammunition (magazine)

X2 Stolen

N/A

N/A

2023/24

 

Mthatha Remand

One (01) Z88

9mm

15 ammunition

(magazine)

Stolen

N/A

2021/22

N/A

 

Flagstaff CC

One (01) Z88

9mm

10 ammunition

(magazine)

Stolen

N/A

2021/22

N/A

 

Lusikisiki CC

One (01) Z88

9mm

15 ammunition

Magazine

Stolen

N/A

2020/21

N/A

 

Sada CC

One (01) Z88

9mm

10 ammunition

Magazine

N/A

Lost

N/A

2023/24

 

St Albans Med B CC

One (01)

Barretta 9mm

10 ammunition

(magazine)

Stolen

N/A

2019/20

N/A

 

St Albans Med A CC

One Glock

9mm

30 ammunition

(magazine)

Stolen

N/A

2020/21

N/A

KZN

Eshowe CC

One (01) Glock

9mm

15 ammunition

(magazine)

N/A

Missing

N/A

2023/24

 

Ncome Max CC

One (01) Glock

9mm

15 ammunition

(magazine)

N/A

Missing

N/A

2023/24

FS/NC

Victoria West CC

One (01) Glock

9mm

25 ammunition

(magazine)

N/A

Missing

2022/23

N/A

WC

Brandvlei Youth CC

N/A

15 ammunition

(magazine)

N/A

Missing

2019/20

N/A

 

Brandvlei Med CC

N/A

45 ammunition

(magazine)

N/A

Missing

N/A

2023/24

GAUTENG

Johannesburg Med A

One (01) Z88

9mm

15 Ammunition

N/A

Missing

2020/22

N/A

 

Odi CC

One (01) Z88

9mm

15 ammunition

(magazine)

N/A

Missing

N/A

2023/24

Total

18

 

295

08

10

   

2. Steps taken to combat the theft and loss of firearms and ammunition are as follows:

  • Monthly inspections and proper handing over of firearms is conducted daily;
  • Continuous checking and control of firearms is done daily;
  • Physical counting of firearms and ammunitions is vigorously done;
  • Weekly certification is done and forwarded to the Area Commissioner according to the stipulations of Department B Order Chapter 16 Paragraph 5.6.4 and 5.6.5;
  • SAPS is also conducting random inspection to monitor compliance with Firearm Control Act 2000;
  • Continuous orientation of security officials and armoury controllers about the essence of registers;
  • New arsenal controllers were appointed in writing and strict security measures are implemented;
  • Fire arms are conducted for during unlock and lockup on daily basis;

3. (a) No arrest were made, however all incidents were reported to the South African Police Service for criminal investigation.

(3)(b) Yes, internal investigations have found that officials were involved and disciplinary processes were meted out. Details are as follows:

REGION

TOTAL NUMBER FOUND GUILTY

LMN

  • Five (05) officials were found guilty with one month leave without pay each.

EC

Five (05) officials were found guilty:

  • One (01) official- final written warning
  • Two (02) officials- 1 month leave without pay
  • Two (02) officials- dismissed

Four incidents of stolen firearms are currently under internal investigation and all cases have been registered with SAPS.

KZN

No officials have faced disciplinary charges as the cases are still under internal investigation.

FSNC

Eight (8) officials found guilty as follows:

  • Three (03) issued with final written warnings
  • Three (03) each granted 1 month leave without pay
  • Two (02) granted two months leave without pay each.

WC

  • One official issued with a verbal warning
  • Two incidents under internal investigation

GP

  • One official granted one month leave without pay

Total of nineteen 19 officials found guilty subsequent to disciplinary processes.

 

END

05 January 2024 - NW3796

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Justice and Correctional Services

With regard to the several observations and recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State regarding the National Prosecuting Authority (NPA) and the fight against grand corruption, in giving effect to these, by what total amount has the annual budget of the NPA and specifically, the Investigating Directorate, been increased and/or supplemented to facilitate a more effective crime fighting operation?

Reply:

The NPA budget allocation increased by 5.39% over the MTEF period, from R4,9 billion to R5,7 billion in order to capacitate the NPA to deal with State Capture cases and the fight against corruption. This increase was as a result of the R1.3 billion additional funding allocated to the NPA during the 2022 MTEF.

However, the increase was against a background of an inadequate budget where the ratio of compensation to operational costs was 85:15. The budget increase improved the ratio to 77:33 which was soon reversed to 83:17 due to the virement to deal with the shortfall in the Compensation of Employees (CoE) budget, after the NPA had to absorb the Cost of Living Adjustment (CoLA) from its baseline and the ID, as part of the NPA, was also impacted.

The ID budget allocation increased by 11.60% from R243 million to R308 million over the MTEF period. However, this increase is below inflation and in fact, the budget has actually decreased, in real terms.

.

05 January 2024 - NW3600

Profile picture: Mkhwebane, Adv B

Mkhwebane, Adv B to ask the Minister of Justice and Correctional Services

What processes have been put in place to ensure that the National Prosecuting Authority handles cases in a fair and impartial manner, particularly cases that involve high profile individuals and politically sensitive matters?

Reply:

The Constitution of the Republic of South Africa provides in section 179(4) that:

“National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.”

The National Prosecuting Authority Act, 32 of 1998, in compliance with the Constitution, provides in section 32 (1) (a):

“A member of the prosecuting authority shall serve impartially and exercise, carry out or perform his or her powers, duties and functions in good faith and without fear, favour or prejudice and subject only to the Constitution and the law.”

All prosecutors are required to take an oath in this regard, before commencing to exercise, carry out or perform their powers, duties or functions in terms of the NPA Act.

Not only does the law require prosecutors to handle cases in a fair and impartial manner, but the National Director of Public Prosecutions (NDPP) has issued directives which require prosecutors in the prosecution of sensitive or contentious nature, including cases involving high profile individuals, to inform the Director of Public Prosecutions (DPP) concerned in writing, of the nature and details of such matters, and for the DPP to similarly inform the NDPP.

This ensures that there is adequate oversight of cases that involve high profile individuals and politically sensitive matters.

05 January 2024 - NW3163

Profile picture: Msimanga, Mr ST

Msimanga, Mr ST to ask the Minister of Justice and Correctional Services

(1)What total number of prisoners have (a) escaped and/or (b) attempted to escape in the past five years in both (i) public and (ii) private correctional facilities; (2) whether he has been informed of the total number of (a) prisoners who are currently under the care and/or supervision of correctional facilities and (b) prison guards in each province; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

(1)(a) Total number of inmates escaped in the past five years in both public and private correctional facilities as reported by regions.

Region

2019/20

2020/21

2021/22

2022/23

April 2023 To Date

Limpopo, Mpumalanga & North West

01

06

07

05

02

Free State & Northern Cape

09

11

03

03

02

KwaZulu-Natal

05

03

06

02

03

Western Cape

04

75

03

05

02

Gauteng

10

12

02

02

01

Eastern Cape

05

10

01

10

03

TOTAL

34

117

22

27

13

The following number of escaped inmates were re-arrested to lawful custody

Region

2019/20

2020/21

22021/22

2022/23

2023/24

Limpopo, Mpumalanga & North West

01

03

01

05

01

Free State & Northern Cape

08

09

03

03

0

KwaZulu-Natal

04

02

05

02

02

Western Cape

03

75

03

05

0

Gauteng

06

02

02

01

01

Eastern Cape

05

10

01

05

03

TOTAL

27

101

15

24

07

1 (b) Total number of inmates attempted to escape in the past five years in both public and private correctional facilities as reported by regions.

Region

2019/20

2020/21

2021/22

2022/23

April 2023 To Date

Limpopo, Mpumalanga & North West

0

0

01

0

01

Free State & Northern Cape

03

03

03

01

02

KwaZulu-Natal

01

0

0

02

01

Western Cape

04

01

03

01

02

Gauteng

05

01

02

0

02

Eastern Cape

03

25

02

02

02

TOTAL

16

30

11

6

10

(2)(a) whether he has been informed of the total number of (a) prisoners who are currently under the care and/or supervision of correctional facilities; and

Community corrections population is composed of the three categories of offenders such as Probationers, Parolees and Awaiting Trial Persons. The national population / total caseload within the system of community corrections as at 30 September 2023, is outlined as per table below:

REGIONS

PROBATIONERS

PAROLEES

AWAITING TRIAL PERSONS(ATP)

TOTAL PER REGION

Eastern Cape

886

8 455

29

9 370

Free State & Northern Cape

568

5 179

123

5 870

Gauteng

595

7 810

54

8 459

KwaZulu-Natal

881

10 100

06

10 987

Limpopo, Mpumalanga & North West

633

7 758

243

8 634

Western Cape

1 262

4 185

376

5 823

TOTAL

4 825

43 487

831

49 143

The total number of probationers and parolees within the system of community corrections is 48 312 and Awaiting Trial Persons (ATP) population is 831. The total nationally is 49 143.

(b) Prison guards in each province; if not, why not, in each case; if so, what are the relevant details in each case?

The post establishment /structure within the system of community corrections per region as at 02 October 2023 is delineated/outlined as per table below:

REGION

FILLED POST

VACANT

TOTAL POST FUNDED

Eastern Cape

246

30

276

Free State & Northern Cape

233

31

264

Gauteng

346

52

398

KwaZulu-Natal

270

24

294

Limpopo, Mpumalanga & North West

421

28

449

Western Cape

331

55

386

Head Office

19

18

37

TOTAL

1 866

238

2 104

A total of 1 866 posts are currently filled nationally within the system of community corrections with 238 vacant posts.

END.

05 January 2024 - NW4165

Profile picture: Msimang, Prof CT

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

Whether his department has records of (a) budget and (b) total spending towards the maintenance and refurbishment of courts in each province during the 2021-2023 period; if not, why not; if so, what are the relevant details?

Reply:

The Department of Justice and Correctional Services

(a) Yes

(b) Yes

(c) The table below is the summary of the DOJ&CD Day-to-Day maintenance budget and expenditure report.

Province

Budget

Expenditure

National Office

R1,808,000.00

R652,592.30

Eastern Cape

R4,634,000.00

R1,485,168.04

Free State

R1,970,000.00

R1,969,684.84

Gauteng

R10,931,000.00

R8,759,690.39

KwaZulu Natal

R2,631,000.00

R2,631,327.82

Limpopo

R795,000.00

R708,416.74

Mpumalanga

R7,082,000.00

R5,889,792.71

North West

R1,760,000.00

R1,760,150.34

Northern Cape

R2,655,000.00

R2,655,659.99

Western Cape

R3,902,000.00

R3,901,726.26

Grand Total

R38,168,000.00

R30,414,209.43

(d) The table below is the summary of the DOJ&CD Day-to-Day maintenance budget and expenditure report for 2022/2023:

Province

Budget

Expenditure

National Office

R2,216,000.00

R2,216,639.05

Eastern Cape

R1,875,000.00

R1,875,054.42

Free State

R1,556,000.00

R1,556,865.52

Gauteng

R14,695,000.00

R14,695,085.80

KwaZulu Natal

R8,627,000.00

R8,627,407.58

Limpopo

R898,000.00

R897,541.76

Mpumalanga

R4,843,000.00

R4,843,005.18

North West

R6,001,000.00

R6,000,933.88

Northern Cape

R5,072,000.00

R5,069,859.10

Western Cape

R10,820,000.00

R10,820,294.21

Grand Total

R56,603,000.00

R56,602,686.50

(e) The table below is the summary of the DPWI maintenance and refurbishment budget and expenditure report for 2021/2022:

Province

Budget

Expenditure

Eastern Cape

R80,706,214.00

R28,198,940.00

Free State

R13,362,994.00

R3,852,995.00

Gauteng

R0.00

R0.00

KwaZulu Natal

R1,805,833.00

R1,805,833.00

Limpopo

R45,551,811.00

R26,392,055.00

Mpumalanga

R4,464,708.00

R0.00

North West

R16,259,403.00

R8,066,016.00

Northern Cape

R1,494,062.00

R0.00

Western Cape

R16,698,230.00

R16,277,284.00

Grand Total

R180,343,255.00

R84,593,123.00

(f) The table below is the summary of the DPWI maintenance and refurbishment budget and expenditure report for 2022/2023:

Province

Budget

Expenditure

Eastern Cape

R78,858,841.00

R41,480,037.00

Free State

R27,695,015.00

R6,235,802.00

Gauteng

R2,300,000.00

R0.00

KwaZulu Natal

R200,000.00

R0.00

Limpopo

R24,809,728.00

R8,366,450.00

Mpumalanga

R2,296,356.00

R0.00

North West

R9,950,000.00

R9,408,015.00

Northern Cape

R2,775,459.00

R511,628.00

Western Cape

R25,311,261.00

R11,854,052.00

Grand Total

R174,196,660.00

R77,855,985.00

04 January 2024 - NW4164

Profile picture: Msimang, Prof CT

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

Whether his department has records of the number of reported fraud cases against public officials during 2009 – 2022 period; if not, why not; if so, what are the relevant details?

Reply:

Find reply here

03 January 2024 - NW3907

Profile picture: Engelbrecht, Mr J

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

With reference to the special remission programme and the release of 15 000 inmates, (a) how many of the released inmates have been (i) arrested (ii) charged, (iii) found guilty of a criminal offence, and (b) how many are (i) out on bail and (ii) currently standing trial for a criminal offence since their release?

Reply:

As at the project end date of 02 November 2023, a total of 16 472 offenders were released comprising of 2 459 conditional and 14 013 unconditional releases.

The below table depicts the total number of those rearrested, charged, found guilty, out on bail and currently standing trial:

REGION

(a)(i)

arrested

(a)(ii)

charged

(a)(iii)

found guilty

(b)(i)

out on bail

(b)(ii)

currently standing trial

KwaZulu-Natal

06

06

05

01 (case withdrawn)

0

0

Limpopo,

Mpumalanga & North West

03

01 charged

(02- released by court)

0

0

0

Eastern Cape

18

18

08

02 (cases withdrawn

0

08 standing trial

Free State & Northern Cape

13

13

0

01

12 standing trial

Gauteng

02

01 charged

(01 - released by court)

01 found guilty

0

0

Western Cape

59

59 charged

(09 - released by court)

(03 - cases withdrawn)

05 found guilty

03

39

TOTAL

101

98

20

04

59

NB: Released by court include: bail granted/ paid; charge/s withdrawn; found not guilty or released on warning.

END.

03 January 2024 - NW3906

Profile picture: Engelbrecht, Mr J

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

With reference to the special remission programme, and noting that 97 inmates released have since reoffended, what (a) were the offences committed by each reoffender and (b) defines a reoffender in this context?

Reply:

(a)

STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS REPORTED BY REGIONS AS AT 26 OCTOBER 2023

REGION

REASONS

TOTAL

RE-ARRESTS

EC

1 x offender released unconditionally on 23/08/2023 was readmitted on 11/09/2023 for Theft; 1 x offender released unconditionally on 23/08/2023 was readmitted on 11/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Damage of Essential Infrastructure; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Robbery Aggravating: 1 x offender released unconditionally on 22/08/2023 was readmitted on 29/08/2023 for House Breaking and Theft; (5 x Amathole MA).

18

 

1 x offender released unconditionally on 18/10/2023 was readmitted on 19/10/2023 for 3 counts of House Breaking 7 Theft; 1 x offender released unconditionally on 15/08/2023 was readmitted on 20/10/2023 for Robbery Aggravating; 1 x offender released conditionally on 20/10/2023 was readmitted on 23/10/2023 for Parole Violation (3x East London MA)

 
 

1 x offender released unconditionally on 16/08/2023 was readmitted on 15/09/2023 for failure to appear in court (1x Kirkwood MA)

 
 

1 x offender released unconditionally on 14/08/2023 was readmitted on 29/09/2023 for Contravention of protection order; '1 x offender released unconditionally on 15/08/2023 was readmitted on 06/09/2023 for Shoplifting (2x Mthatha MA)

 
 

1 x offender released unconditionally on 12/08/2023 was readmitted on 18/08/2023 for House Breaking; 1 x offender released unconditionally on 12/08/2023 was readmitted on 23/08/2023 for Shoplifting; 1 x offender released unconditionally on 15/08/2023 was readmitted on 18/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 28/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 19/09/2023 for Stock Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 16/08/2023 for Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 29/08/2023 for Trespassing; (7 x SADA)

 

FSNC

1 x offender released unconditionally on 12/08/2023 was readmitted on 22/09/2023 for House Breaking & Theft; 1 x offender released conditionally on 13/09/2023 was readmitted on 27/09/2023 for Common Assault (2x Bizza Makhate MA).

15

 

1 x offender released unconditionally on 14/08/2023 was readmitted on 08/09/2023 for House Breaking & Theft (1x Colesberg MA).

 
 

'1 x offender released unconditionally on 21/08/2023 was readmitted on 28/08/2023 for House Breaking & Theft; '1 x offender released unconditionally on 26/09/2023 was readmitted on 04/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 09/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 06/10/2023 for Assault GBH (4x Grootvlei MA)

 
 

1 x offender released unconditionally on 14/08/2023 was readmitted on 18/08/2023 for House Breaking & Theft; '1 x offender released unconditionally on 15/08/2023 was readmitted on 22/08/2023 for House Breaking & Theft (2x Groenpunt MA).

 
 

1 x offender released unconditionally on 12/08/2023 was readmitted on 07/09/2023 for House Breaking & Theft (1x Bizza Makhate MA).

 
 

1 x offender released unconditionally on 15/08/2023 was readmitted on 03/10/2023 for House Breaking; '1 x offender released conditionally on 18/08/2023 was readmitted on 17/10/2023 for House Breaking (2x Kimberly MA)

 
 

1 x offender released unconditionally on 11/09/2023 was readmitted on 21/09/2023 for Theft; 1 x offender released unconditionally on 11/09/2023 was readmitted on 21/09/2023 for House Breaking &Theft; 1 x offender released unconditionally on 04/09/2023 was readmitted on 20/10/2023 for House Breaking & Theft (3x Upington MA).

 

GP

1 x offender was released unconditionally on 12/08/2023 and was re-admitted on 21/08/2023 for 2x Theft; 1 x offender was released unconditionally on 04/09/2023 and was re-admitted on 19/10/2023 for Theft (2x Kgoši Mampuru II MA).

2

KZN

1 x offender released unconditionally on 21/08/2023 was readmitted on 22/09/2023 for Theft; 1 x offender released unconditionally on 18/08/2023 was readmitted on 22/09/2023 for Theft; 1 x offender released unconditionally on 06/09/2023 was readmitted on 11/10/2023 for Theft (3x Durban MA)

7

 

1 x offender released unconditionally on 12/08/2023 was readmitted on 05/09/2023 for Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 05/09/2023 for Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 05/09/2023 for Theft (3x Empangeni MA).

 
 

1 x offender released unconditionally on 16/08/2023 was readmitted on 05/09/2023 for Theft (1x Kokstad MA).

 

LMN

1 x offender released unconditionally on 15/08/2023 was readmitted on 28/08/2023 for Theft (1x Bethal).

2

 

1 x offender released unconditionally on 18/08/2023 was readmitted on 11/10/2023 for Theft & illegal Immigrant (1x Thohoyandou MA)

 

WC

1 x offender released unconditionally on 22/08/2023 was readmitted on 28/08/2023 for Theft; 1 x offender released unconditionally on 22/08/2023 was readmitted on 28/08/2023 for House Breaking & Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 23/10/2023 for Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 23/10/2023 for Theft (4x Breede River MA).

53

 

1 x offender released unconditionally on 25/08/2023 was readmitted on 31/08/2023 for House Breaking & Theft; 1 x offender released unconditionally on 26/08/2023 was readmitted on 31/08/2023 for Trespassing; 1 x offender released unconditionally on 14/08/2023 was readmitted on 25/08/2023 for Theft; 1 x offender released unconditionally on 28/08/2023 was readmitted on 29/08/2023 for Assault; 1 x offender released unconditionally on 21/08/2023 was readmitted on 04/09/2023 for Bees/Fish/Game Protection Act; 1 x offender released unconditionally on 18/08/2023 was readmitted on 05/09/2023 for House Breaking & Theft; 1 x offender released unconditionally on 28/08/2023 was readmitted on 30/08/2023 for Stolen Goods;1 x offender released unconditionally on 18/08/2023 was readmitted on 30/08/2023 for Theft; 1 x offender released unconditionally on 17/08/2023 was readmitted on 19/09/2023 for House Breaking & Theft; 1 x offender released unconditionally on 24/08/2023 was readmitted on 04/10/2023 for Attempted Robbery (10 x West Coast MA).

 
 

1 x offender released unconditionally on 14/08/2023 was readmitted on 17/08/2023 for Dealing in Drugs; 1 x offender released unconditionally on 15/08/2023 was readmitted on 28/08/2023 for Robbery Aggravating; 1 x offender released unconditionally on 18/08/2023 was readmitted on 05/08/2023 for Robbery Aggravating (3x Goodwood MA).

 
 

1 x offender released unconditionally on 23/08/2023 was readmitted on 29/08/2023 for House Breaking with intention to steal and Theft; 1 x offender released unconditionally on 23/08/2023 was readmitted on 12/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 22/08/2023 was readmitted on 06/10/2023 for House Breaking and Theft (3x Overberg MA).

 
 

'1 x offender released unconditionally on 21/08/2023 was readmitted on 06/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 28/08/2023 was readmitted on 06/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 21/09/2023 for Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 21/09/2023 for Robbery; 1 x offender released unconditionally on 01/09/2023 was readmitted on 26/09/2023 for House Breaking; 1 x offender released unconditionally on 18/09/2023 was readmitted on 13/10/2023 for Theft; 1 x offender released unconditionally on 30/08/2023 was readmitted on 13/10/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 13/10/2023 for House Breaking and Theft; 1 x offender released unconditionally on 29/09/2023 was readmitted on 16/10/2023 for Robbery Aggravating; 1 x offender released unconditionally on 24/08/2023 was readmitted on 18/10/2023 for Family Violence; 1 x offender released unconditionally on 30/08/2023 was readmitted on 19/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 24/08/2023 was readmitted on 19/10/2023 for House Breaking &Theft (12x Voorberg MA).

 
 

'1 x offender released unconditionally on 18/08/2023 was readmitted on 04/09/2023 for Assault with intent to do Grievous Bodily Harm; 1 x offender released unconditionally on 23/08/2023 was readmitted on 06/09/2023 for Robbery Aggravating. (2x Allandale MA).

 
 

1 x offender released unconditionally on 18/08/2023 was readmitted on 31/08/2023 for Theft, Fail to Appear in court; 1 x offender released unconditionally on 05/09/2023 was readmitted on 07/09/2023 for Theft out of Motor Vehicle;1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 12/09/2023 for House Breaking with intention to steal and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 18/09/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 14/09/2023 for Assault; 1 x offender released unconditionally on 21/08/2023 was readmitted on 19/09/2023 for House Breaking with intention to steal and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 22/09/2023 for Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 21/09/2023 for Theft; 1 x offender released unconditionally on 22/08/2023 was readmitted on 06/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Theft out of a Motor Car; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Theft out of a Motor Car; 1 x offender released unconditionally on 07/09/2023 was readmitted on 09/10/2023 for Theft out of a Motor Car; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Malicious Damage to Property; 1 x offender released unconditionally on 21/08/2023 was readmitted on 10/10/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/10/2023 for Robbery; 1 x offender released unconditionally on 26/09/2023 was readmitted on 13/10/2023 for Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 24/10/2023 for Theft (19x Southern Cape MA).

 

TOTAL

 

97

(b) A reoffender in context of this programme is a person who was released either conditionally or unconditionally after benefitting from the 2023 Special Remission of Sentence and was rearrested for allegedly committing crime as indicated above.

END.

03 January 2024 - NW3382

Profile picture: Msimang, Prof CT

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

Whether there are any new practical and actionable plans to address the intimidation of prisoners, human rights abuses and gang violence amongst prisoners in correctional facilities; if not, why not; if so, what are the relevant details?

Reply:

South Africa signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in January 1993 and ratified it in December 1998. It also signed the Optional Protocol to the Convention against Torture (OPCAT) in September 2006. Due to mounting pressure on South Africa, both at international and national levels, to ratify OPCAT, the National Assembly and the National Council of Provinces approved the ratification of OPCAT on 19 March and 28 March 2019.

In accordance with the OPCAT requirement to establish a National Prevention Mechanism, the South African Human Rights Commission (SAHRC) along with government undertook an extensive process of revising and re-conceptualising the proposed NPM model. The model had to take into account certain factors, such as the fact that OPCAT is a preventive treaty which introduces a system of regular visits to places of detention, by means of the establishment of a mechanism.

In 2022, the Department of Correctional Services (DCS) approved a Gang Combatting Strategy that has been implemented through the Standard Operating Procedure (SOP).

The Strategy has six objectives mainly:

  • To maintain secure and safe environment that is conducive to the rehabilitation of inmates and the attendance of remand detainees in court processes;
  • To reduce and eradicate the culture of gangs, number of attacks and illegal activities in order to increase protection and safety of inmates and the society;
  • To encourage a multi-disciplinary approach to reduce and eradicate the existence of gangs;
  • To enable Inter-Sectorial Co-operation (i.e Government and Civil Society Organisations);
  • To address the potential negative effects of incarceration;
  • To develop and build knowledge on gangs in order to develop effective responses.

The A Gang Combatting Strategy is in place with the following action Plans:

STRATEGY

ACTIVITY

Working with Intelligence Agencies

  • Collaboration with Intelligence agencies i.e., SSA, SAPS Crime Intelligence, SADF Intelligence.
  • Information sharing and actions to be taken on High Risk offenders, officials, members of the community and illegal activities taking place inside and outside correctional facilities.

Vetting and Screening of all Officials

  • Policy and Guidelines to be developed on compulsory vetting.
  • Officials to undergo vetting / screening.

Establishment of Security Committees

  • Committees have been established in order to effectively manage security activities in centers such as searching, segregation of offenders, discipline, etc.
  • Hold monthly meetings to analyze incidents, security breaches and compliance to security protocol.

Management of security information

  • Identify gang members and high-risk inmates upon admissions
  • All warrants (J7) and relevant documents are screened upon admission.
  • All cases of intimidation/threats must be registered with the HCC.
  • HCC must liaise with Area Commissioner and external law enforcement agencies such as the SAPS/NIA in cases of intimidation and threats.
  • Identified high risk inmates (syndicates/organized crime and high-risk awaiting trials) should be transferred to Correctional centers away from their power base.
  • All cases of intimidation/threats must be registered with the HCC.

Mitigation of gang activities

  • Ensure separation of inmates involved in gang activities from the rest of inmate population.
  • Vulnerable inmates and first-time offenders are separated from hardened criminals and offenders with further charges.

END

03 January 2024 - NW3595

Profile picture: Engelbrecht, Mr J

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

Whether, considering that the rise in crime levels and the Government’s perceived inability to construct and maintain additional correctional centres have compounded the unacceptable levels of overcrowding in correctional facilities, he has found that his department’s special remission programme has achieved its aim of reducing the unacceptable levels of overcrowding in correctional facilities; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Granting of Special Remission of sentence is the prerogative of the President in terms of the powers vested in him by Section 84 (2) (j) of the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996).

DCS continuously implements the direct and indirect measures outlined by the DCS Overcrowding Reduction Strategy in dealing with population levels in all correctional facilities. Special Remission is one of the short-term direct measures for dealing with overcrowding.

The implementation of the 2023 Special Remission of sentence by the Department of Correctional Service (DCS) has achieved its aim of reducing levels of overcrowding in correctional facilities.

As on 11 August 2023, which is the inception date of the 2023 Special Remission of sentence, the inmate population stood at 154 327 against 107 582 bed spaces resulting in an excess of 46 745 which constitute 143% occupancy level and an overcrowding level of 43%.

As on 30 October 2023, a total of 16 247 (13 958 unconditional and 2 289 conditional) offenders were released after benefitting from Special Remission of Sentence.

As on 30 October 2023, the inmate population stood at 149 619. The inmate population decreased from 154 327 to 149 619 which translates into a decrease of 4708.

The reasons that the inmate population reflects only a decrease of 4 708 on 30 October 2023 and not 16 247 released are the following;

  • Releases are competing with daily admissions on both remands and sentenced categories. Bedspace gained due to the 2023 Special Remission of sentence is immediately occupied by new admissions.
  • The decrease in the approved and available bedspace from 107 582 of 104 558 (a decrease of 3 024 bedspaces from 107 582 due to the temporary closure of Kutama Sinthumule Correctional Centre) has further strained the available bedspaces.

END.

02 January 2024 - NW3805

Profile picture: Msimang, Prof CT

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

What total number of correctional facilities are under construction in each province; (2) Whether he has found that the specified facilities comply with the National Building Regulations in respect of accessibility for persons living with disabilities; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

  1. The total number of correctional facilities under construction in each province are as follows:

Name of Province

Number

Gauteng

01

Eastern Cape

01

KwaZulu-Natal

01

North West

03

Free State

01

TOTAL

07

2. The details are as follows:

  • Gauteng: Emthonjeni - Baviaanspoort:
  • The centre has ramps to access all the sections;
  • All single cells do not have disability toilets;
  • Hospital cells have bathtubs without rails;
  • Hospital cells have ramps for access; but don’t have disability toilets
  • Correctional Centre is partially complying and this matter will be addressed under the auspices of the current project.   
  • Eastern Cape: Burgersdorp:
  • Complying with regards to accessibility for persons living with disabilities.
  • The new Correctional Centre, currently under construction will fully comply.
  • KwaZulu-Natal: Qalakabusha:
  • Major security system refurbishment project underway as well as storm damage repair. The Correctional Centre is equipped with disable ramps and ablution facilities. The Correctional Centre is not fully complying.
  • North West: Brits:
  • Complying with regards to accessibility for persons living with disabilities (construction is on hold after the termination of the contractor).
  • Correctional Centre is partially complying and this matter will be addressed under the auspices of the current project.   
  • Potchefstroom:
  • Complying with regards to accessibility for persons living with disabilities.
  • Correctional Centre is partially complying and this matter will be addressed under the auspices of the current project.
  • Klerksdorp
  • The is complying with regards to accessibility for persons living with disabilities
  • Free State: Parys:
  • Parys Centre under upgrading is designed in accordance to the National Building Standards in respect to access for people living with disabilities.
  • The new Correctional Centre, currently under construction will fully comply.

END

02 January 2024 - NW3577

Profile picture: Maseko-Jele, Ms NH

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

(1) Whether any practical results have been noted after he signed the Cybercrime Cooperation Protocol Agreement with the French Minister of Foreign Affairs, which offered training to judicial officers and prosecutors to improve the investigation of cybercrimes, that will benefit the Republic and particularly the Special Investigating Unit; if not, what is the position in this regard; if so, what are the relevant details; (2) what further measures has he put in place to expand the specified training?

Reply:

I wish to inform the honorable Member that I have been informed that

The following interventions has been identified for training of Judicial Officers, Prosecutors and Investigators within the Anti-Corruption and Law Enforcement Agencies, to build cybercrime expertise on the following courses:

Cyber Forensic First Responder Course

This course gives a broad view of Cyber equipment and the methods to collect and seize information from devices on a high level. It gives the delegate a broad understanding of the various methodologies which could be used in gathering information, determining the criticality of various information stored in digital media.

It also provide insight into the various Acts which would come into play when collecting digital information with a broad idea of the responsibilities of the first responder. It should be noted that this is not an advance technical course but rather an introduction to the various aspects of collecting information and the responsibilities of the first responder during an investigation. The course provides the first responder with a broad understanding of the various aspects relating to cyber forensic investigation after completion of the course, understanding the various conventions relating to the regulation of electronic evidence, laws, computer science, information security systems, cyber forensics and the management are key outcomes of the course.

Open Source Intelligence Training Course

This training allows the investigators to search the internet to find clues and evidence that could guide their investigations. The roll-out of this training was first for the SIU Trainers,

This is a five day training focusing on the understanding of the network theory, technical searches, IP Addresses, E-Mails, investigations using accounts created on the social networks etc

DARWIN TOOL (Data Analysis Response Windows)

The DARWIN Tool has been developed by the French Cybercrime Department (SDLC) and the French Judiciary Police Dept (DCPJ). This tool is used by the cybercrime investigators to boot a computer and to make technical searches and to fulfill the investigation report.

The course enables the First Responder (FR) to use the DARWIN tool while retrieving data and preserving the chain of custody. The aim is to perform a quick scan from a shutdown computer and realize a forensic copy of the data. It was created under Windows 10 environment and supports a program called LIBERKEY. This Program allows you to embed all the programs in a portable version that will be used for analysis.

Mobile Investigations Training

Building expertise on the use and application of UFED Cellebrite to extract and

analyse evidence

Arrangements has been made with the NPA, Civilian Secretariat Police Service, Campus Protection Services of South Africa (Camprosa) representing 24 universities, to train prosecutors in the case of the NPA and Investigators for others in the above indicated courses starting February 2024 and on a range of Investigation courses at the Anti-Corruption Academy (Justice college).

TRAINING OFFERED 2022/23

Topic

Target Audience

#

Open Source Intelligence

Prosecutors

16

(2) what further measures has he put in place to expand the specified training? NO4749E

Memorandum of Understanding (“MoU”) entered into with PSETA on 17 August 2023

The purpose of this Memorandum of Understanding (“MoU”) is for the Special Investigating Unit (“SIU”) and the Public Service Sector Education and Training Authority (“PSETA”) to record their intention to collaborate and partner in building the skills capabilities within the public service, and to fulfil both Parties’ constitutional and statutory obligations.

    1. Both committed to maintain accreditation status of courses identified for public servants, Certification of Learners and the achievement of accreditation status of the Anti-Corruption Academy by 4th Quarter of current financial year.
    2. PSETA and the SIU agreed on the training of public servants nationally on accredited courses over two phases
      1. Phase1: Corruption Prevention
      2. Phase 2: Public Education
    3. The SIU Submitted the Corruption Prevention course targeting public servants for accreditation to PSETA during September 2023 which contain the following modules:
    4. Corruption Prevention course scheduled for roll-out during January 2024, a total of 810 public servants targeted for training by 31 March 2024 with an increased number planned for the 2024/25 financial year.
    5. SIU Accredited trainers, Assessors and Moderators are already registered as part of the compliance requirements of the accreditation of the academy.
    6. SIU submitted Anti-Corruption Academy accreditation application to PSETA, accreditation process in final stages, accreditation expected by 30 November 2023.

MoU’s signed with SADC Member States Anti-Corruption Agencies

MoU’s signed with 5 SADC Member States Anti-Corruption Agencies on 01 August 2023, namely; the Zimbabwe Anti-Corruption Commission, Malawi Anti-Corruption Bureau, Zambia Anti-Corruption Commission, Namibia Anti-Corruption Commission, Independent Commission Against Corruption of Mauritius, the Independent Bureau Against Corruption of Madagascar and the Anti-Corruption commission of Seychelles to train their investigators on cyber forensic investigations, open source intelligence training from February 2024.

TRAINING OFFERED UNDER COOPERATION PROTOCOL SIGNED BETWEEN THE RESPECTIVE MINISTERS

Topic

Target Audience

#

Cyber Forensic First responder

Investigators, Public Education Officers and Corruption Prevention Officers from Anti-Corruption Agencies of Mauritius, Seychelles and Madagascar

36

Cyber Forensic First Responder

Investigators scheduled for 04-08 Dec 2023 Commonwealth Africa Anti-Corruption Agencies 19 Africa countries to be trained at the Academy in Pretoria

To be confirmed

(Attached please find a copy of MoU signed with PSETA, and a copy of MoU signed with SADC Member States, Malawi Anti-Corruption Bureau).

These MoUs serve as additional measures taken by the SIU to expand training offered. Training for the Public Servants as per MoU with PSETA and for SADC Member States as per MoU with the SIU to be offered at the Anti-Corruption Academy.

02 January 2024 - NW4037

Profile picture: Msimang, Prof CT

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

Whether he intends to reinstate the Aspirant Prosecutor Programme in 2024; if not, why not; if so, what are the relevant details?

Reply:

The impact that the budget cuts have on the Aspirant Prosecutor Programme is that the group that is due to complete their training in January 2024, cannot be absorbed into the NPA and appointed into the entry level District Court posts, as has been tradition. However, the NPA is considering another option to be able to keep them within NPA’s employ, through their current contracts.

The Estimated National Expenditure (ENE) reflects further major budget cuts for the next 3 years of the MTEF for the Department of Justice and Constitutional Development, which affects the NPA. The severe budget cuts have a devastating effect for the NPA, to the extent that it will be a struggle to even cover the salaries of existing staff. Under these circumstances, the possibility of a new intake for 2024 is virtually impossible to accommodate.

.

02 January 2024 - NW4044

Profile picture: Msimang, Prof CT

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

Whether his department conducts lifestyle audits on its employees; if not, why not; if so, (a) how often are these lifestyle audits conducted, (b) when was the last time the lifestyle audit was conducted, (c) how many employees were lifestyle audited and (d) what were the relevant details of the findings?

Reply:

1. Whether lifestyle audits are conducted: Yes

a) How often? Annually, in accordance with the schedule provided by the Public Service Regulations on Financial Interests Disclosure Framework, DPSA Directives and DPSA Guide on Lifestyle audit.

b) When last was lifestyle audit conducted? As the first phase of the audit, lifestyle review was last conducted in the 2022/2023 financial year [financial disclosure forms were submitted by SMS members in April 2022 and by other designated employees from June to July 2022].

c) How many employees were lifestyle audited? In the lifestyle reviews, 135 verifications were conducted for SMS members and 536 other designated employees in 2022.

d) What were the relevant details? There were no referrals for investigations and therefore no finding on lifestyle audit against these employees.

 

 

02 January 2024 - NW4061

Profile picture: Breytenbach, Adv G

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

What are the reasons that the matter of four people who were allegedly arrested on Sunday, 12 November 2023 of which three were ordered to appear in court on Monday, 13 November 2023 were not enrolled, following the incidents that occurred on Sunday, 12 November 2023 concerning a peaceful and authorised gathering by various Christian church groups set to be held in Sea Point, Cape Town which was disrupted by an aggressive, confrontational and eventually violent mob of pro Palestine supporters?

Reply:

The Director of Public Prosecutions, Western Cape reports as follows:

On 12 November 2023 three males were arrested by Metro Police Officers employed by the City of Cape Town. It was alleged that the three males were part of a group of pro-Palestinian supporters. It was further alleged that the group of pro-Palestinian supporters were initially peaceful but refused to move when they were advised that they were standing at an area that was reserved for the protest of another group. The pro-Palestinian group allegedly refused to move, damaged property, attacked the Metro Police Officers and police, and refused to follow their instruction to move from the area. Only three men were arrested.

It is alleged that there is video footage as to what had transpired on the day in question. However, when the matter was presented to the prosecutor, there was no video footage in the docket and that the investigation was incomplete. Some of the statements were also illegible. The prosecutor elected not to enroll the matter until the investigation, which includes the video footage, is filed in the docket. All three accused have fixed addresses and the matter may be enrolled as soon as the outstanding investigation is completed, and a decision is made that there is sufficient evidence to institute a prosecution.

02 January 2024 - NW4225

Profile picture: Breytenbach, Adv G

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

With reference to the challenges faced by the new service provider with regard to scanning files from the previous service provider at the Master’s Office for offsite storage, (a) what are the details of specific challenges that were experienced in the handover of the files which he referred to and (b) what was the (i) nature or matter of each file that could not be scanned, (ii) condition of each of the specified files and (iii) condition of each document within the specified files?

Reply:

(a) what are the details of specific challenges that were experienced in the  handover of the files which he referred to

1.. BACKGROUND

  • For several years, the DOJ&CD had contracted with a service provider to merely store and provide access to some of its records at off-site facilities in three provinces namely, Gauteng, KwaZulu -Natal and the Western Cape.
  • When the contract expired, approval was granted for these records to be taken over and managed by the current service provider
  • The primary incentive for transferring the records to the current service provider was that it was going to digitize them – digitization being part of the modernisation programme of the DOJ&CD.

2. TRANSFER OF FILES FROM PREVIOUS TO CURRENT SERVICE PROVIDER

  • The contract with the previous service provider entailed that, upon the expiry of the contract, all files had to be handed over to the Department within a period of four (4) months.
  • The handover process commenced at the beginning of March 2023 and it was completed on 21 August 2023. It took a long period – almost six (6) months – due to logistical challenges on the side of the previous service provider.
  • It was during the handover period that there were challenges in accessing the files in all of the above-mentioned offices, as most of those required were, at the time, still being processed.

3. CHALLENGES EXPERIENCED BY THE SERVICE PROVIDER

  • The challenges related to the undesirable condition of boxes and files received from the previous service provider are as follows:
    1. . Burnt files;
    2. . File covers cut;
    3. . Loose pages inside boxes;
    4. . Water-damaged files; and
    5. . Damaged boxes.

Interventions for 3.1. – 3.3.

Task teams consisting of officials from the relevant Master's Offices have been created for each province to assist the service provider to arrange the files and scan them properly.

Interventions for 3.4.

The service provider laboriously separates the pages, photocopies and then scans them properly.

Interventions for 3.4.

The service provider continues to repackage and index the boxes and files, so that they can be easily traceable and, upon request, made available speedily.

4. CHALLENGES EXPERIENCED BY DOJ&CD WITH ACCESSING FILE

4.1 The records at the off-site facilities (in addition to those of the Magistrates and High Courts) are of the following Masters Offices

  • Pretoria;
  • Durban;
  • Cape Town;
  • Johannesburg; and
  • Pietermaritzburg.

4.2 Major Challenge

  • During the handover period, there were challenges in accessing the files in all of the above-mentioned offices, as most of the required files were, at the time, still being processed.
  • However, currently the challenges with accessing the files mainly relates to the Pretoria and Pietermaritzburg Masters Offices, because the majority of their files haven’t been scanned. The additional challenge is that the majority of these files haven’t been repackaged and indexed, making the tracing process difficult.

Interventions

  • The current service provider has committed to complete the re-packaging and indexing process by the end of December 2023. This will result in that, come the new year, all files shall be easily traceable and made available immediately – even if such files haven’t been scanned on the system.

4.3 Other Challenges

  • 1. For security reasons, namely that no security updates can be done on Windows versions below 10, officials who don’t have Windows 10 on their computer equipment cannot connect to the portal.

Interventions– Processes to procure & and update computer equipment are underway.

  • 2. Network challenges and internet access – Unstable and/or slow internet connection results in officials being timed out and having to log in numerous times or not able to log-in at all

Interventions– Upgrading of bandwidth is being considered by ICT.

18 December 2023 - NW4110

Profile picture: Thembekwayo, Dr S

Thembekwayo, Dr S to ask the Minister of Justice and Correctional Services

(1) What urgent interventions has he taken regarding the Diphtheria outbreak at Pollsmoor Correctional Centre, where a young inmate has already died with several other inmates are placed in isolation?

Reply:

1. The urgent interventions, with, are as follows:

  • All the contacts of the index patient were traced and symptomatic patients were isolated while all asymptomatic contacts were quarantined;
  • Several inmates have been placed in isolation as a precautionary measure;
  • Case finding was conducted by sending throat swabs of all the contacts to National Health Laboratory Services (NHLS) for testing;
  • Antibiotics treatment was given to symptomatic contacts and antibiotics prophylaxis also given to all asymptomatic contacts;
  • Diphtheria Antitoxin (DAT) administered to the confirmed cases;
  • Diphtheria Booster vaccine was offered to both inmates and officials;
  • Continued close monitoring of those in isolation and in quarantine;
  • Stakeholder collaboration was established with the National and Western Cape Provincial Department of Health including but not limited to:
    • National Institute for Communicable Disease (NICD)
    • National Health Laboratory Service (NHLS)
    • Provincial Centre for Disease Control, City of Cape Town from the onset of the outbreak.
  • Daily updates were provided to the relevant stakeholders;

In addition to the above all the regions were updated to be on high alert especially because an inmate had already succumbed to Diphtheria at Pollsmoor Correctional Centre.

END.

18 December 2023 - NW4043

Profile picture: Msimang, Prof CT

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

What is the number of prison warders who (a) were retained, (b) resigned from his department and (c) retired in 1994?

Reply:

The public service went through an administrative and structural transformation post the Democratic transition in 1994. The Government of the Republic of South Africa subsequently introduced a Personnel and Salaries Administration (PERSAL) system.

The PERSAL system is able to draw reports up to 2001 only, records for the period in question are not readily available, however, they may be sourced from the Archives and it will require more time.

END.

18 December 2023 - NW3576

Profile picture: Ramolobeng, Ms A

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

What plans has his department put in place with regard to the safety of officials working at the (a) Tzaneen and (b) Tswelopele Correctional Centres in Kimberly, who do not have official accommodation?

Reply:

a) It should be noted that after the completion of the construction of the new generation Correctional Centre at Tzaneen, the Department of Correctional Services (DCS) tasked the Department of Public Works and Infrastructure (DPWI) to commence with the planning and design of the official staff accommodation on the existing site, in close proximity to the Correctional Centre. It is anticipated that the planning and design stages will be finalised during the first quarter of the 2024/25 financial year.

b) Indeed, the Tswelopele Correctional Centre (TCC) was constructed without the inclusion of official staff accommodation, the need was communicated to the DPWI as there is existing state-owned land available for the construction of official staff accommodation. Currently, DCS is investigating funding strategies which includes the possibility of the District Development Model (DDM) to address housing challenges.

END.

04 December 2023 - NW3822

Profile picture: Msimang, Prof CT

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

Whether his department has set and/or achieved any short-term targets to fulfil its constitutional obligation of ensuring that the judiciary reflects the racial and gender composition of the Republic; if not, why not; if so, what total number of (a) judges, (b) magistrates and (c) counsel are (i) black, (ii) women and (iii) living with disabilities in each province?

Reply:

Prior to the advent of our democracy, the Judiciary just like any other sector of our society was untransformed and dominated by White males. With this in mind the drafters of our Constitution took a deliberate decision to transform the Judiciary by including a constitutional injunction in section 174 of our Constitution which enjoined us to transform the Judiciary so as to broadly reflect the racial and gender composition of our country. The Judicial Service Commission when advising the President to appoint Judges takes into consideration the need for the Judiciary to reflect the racial and gender composition of the South African society. So is the Magistrates Commission when advising me to appoint Magistrates in the lower courts.

We have committed to the realization of racial and gender equality in the appointment processes of the Judges, Magistrates and counsels. It is for that reason that since 1994, the demographics of the Judiciary and legal practitioners in terms of race and gender have drastically changed to enhance the desired diversity, equality and equity.

a) From the report of the Judicial Service Commission, as at 30 September 2023, the demographics of the judges are as follows:

Total No of Judges:

Province

(i) Blacks

(ii) Women

(iii) Judges with Disabilities

Eastern Cape

19

11

0

Free State

(this includes Judges of the Supreme Court of Appeal)

25

18

0

Gauteng

(Includes Judges of the Constitutional Court and Labour Court)

71

56

1

KwaZulu-Natal

20

11

0

Limpopo

5

2

0

Mpumalanga

7

4

1

Northern Cape

5

4

0

North West

5

3

0

Western Cape

25

14

0

Total

182

123

2

b) The report received from the Magistrates Commission indicates that, as at 30 September 2023, the numeral capacity of the magistrates, is as follows:

Total No of Magistrates: 1 652

Province

(i) Black

(ii) Women

(iii) Magistrates with disabilities

Eastern Cape

142

101

0

Free State

58

49

2

Gauteng

229

213

1

KwaZulu- Natal

169

132

2

Limpopo

117

81

0

Mpumalanga

65

48

0

Northern Cape

26

22

0

North West

73

62

1

Western Cape

138

138

2

TOTAL

1 017

846

8

Percentage of the total number of Magistrates= 1 652

61% of the total

51%

0,48%

Source: Magistrates’ Commission

The required 2% target of magistrates living with disabilities has not been met yet, but I have been informed that this matter is receiving the priority attention of the Magistrates Commission.

c) The Legal Practice Council reported that, as at 30 April 2023, the numerical capacity of the counsels is as follows:

Total No of Counsels: 5 936

Province

(i) Black

(ii) Women

(iii) Counsels with disabilities

Eastern Cape

227

60

-

Free State

85

24

-

Gauteng

3167

825

4

KwaZulu- Natal

216

71

-

Limpopo

342

81

4

Mpumalanga

122

28

-

Northern Cape

98

22

-

North West

42

11

-

Western Cape

132

42

-

TOTAL= 5 936

4 431

1 164

8

% of the total

76,64%

19,6%

0,13%

Source: Legal Practice Council

As noted from above Table, gender parity in this category has not been met yet, but there is commitment to progressively bridge the gap. Likewise, the required 2% target of counsels living with disabilities is among the concerns that are receiving priority attention. However, the overwhelming growth in Black Africans under this category is indeed commendable.

I thank you.

04 December 2023 - NW3579

Profile picture: Ramolobeng, Ms A

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

What steps has he taken to deal with the shortages of psychologists in correctional centres, in particular the Tswelopele Correctional Centre, which notably impacts the applications of inmates’ eligibility for parole?

Reply:

The position of a Psychologist at Tswelopele Correctional Centre (TCC), Kimberley Management Area, has been vacant since 31 January 2021. It was advertised in September 2021 and September 2022, respectively without suitable candidates. The post was again advertised in February 2023, and eventually filled as from 01 September 2023.

Whilst waiting the filling of the post, in order to mitigate the backlogs on lifers and other categories of offenders qualifying for placement on parole, the offenders were either transferred to other centres within the region where there are psychologists (Grootvlei and Upington). The Psychologists from the other Management areas were also tasked to go to TCC to undertake the required assessments and intervention.

END.

24 November 2023 - NW3777

Profile picture: Breytenbach, Adv G

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

Whether (a) he and/or (b) any officials of his department travelled to France to attend the 2023 Rugby World Cup in Paris using the taxpayers’ money; if not, (i) what is the position in this regard and (ii) who paid for each person; if so, (aa) what are the full details of the officials who travelled to France, (bb) what was the duration of stay for each specified person and (cc) what was the cost of (aaa) flights, (bbb) accommodation and (ccc) meals in respect of each person?

Reply:

  1. No
  2. No

24 November 2023 - NW3760

Profile picture: Tambo, Mr S

Tambo, Mr S to ask the Minister of Justice and Correctional Services

What (a) was his role at the 2023 Rugby World Cup Final in France and (b) were the total costs to his department for his (i) accommodation, (ii) travel and (iii) other related expenses?

Reply:

  1. I attended the World Cup as a spectator in my private capacity.
  2. There were no costs to my departments.

24 November 2023 - NW3598

Profile picture: Horn, Mr W

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

What are the details of the progress that has been made by Cabinet in respect of the recommendations by the Judiciary regarding the final court administration model?

Reply:

The Honourable Member will remember that the Judiciary submitted their report entitled “Capacitating the Office of the Chief Justice and Laying the Foundations for Judicial Independence: the next Frontier in our Constitutional Democracy, Judicial Independence” outlining their preferred court administration model to the Executive in 2013. Subsequent to the submission, Cabinet established an Inter-Ministerial Task team in 2017, tasked with preparing a response by the Executive to the Judiciary’s report. When the Inter-Ministerial Committee was dissolved, I was mandated by Cabinet at the beginning of the sixth administration to conclude the work started by the Inter-Ministerial Committee. In this regard, I caused the Department of Justice and Constitutional Development to conduct research on an appropriate model suited for our constitutional democracy. This research culminated in a document entitled “Policy Framework on Judicial Governance and Court Administration” comprising a comparative study of the available comparable models whereupon a tentative model that suit the South African Constitution emerged.

Before I approach Cabinet, I took a decision that it would be prudent to share the policy framework with the Judiciary as part of our efforts to consult with that Arm of the State as they are a critical stakeholder in our quest to finalise the court administration model. I have therefore shared the document with the Chief Justice for him to provide us with the necessary inputs before approaching Cabinet. I have been advised that the Chief Justice has, in August 2023, established a Judicial Governance and Court Administration Advisory Committee to consider our proposed policy framework, whereafter he will provide me with the Judiciary’s comments. Once this consultation process with the Judiciary is completed, I intend to table the amended policy framework encompassing the Judiciary’s comments to Cabinet for adoption.

I hasten to indicate that one of the recommendations contained in the policy framework was to transfer the leave dispensation of Judges to the Judiciary. During the consultation process with the Judiciary, we agreed that whilst we wait for the Judiciary’s comprehensive inputs, the leave dispensation for Judges of the Superior Courts should be transferred from the Executive to the Judiciary. Having reached this agreement, I approached the President who duly agreed to amend the Judges’ Remuneration and Conditions of Employment Regulations, 2001 to make provision for the transfer of the leave dispensation of Judges to the Judiciary. So, pursuant to our Policy Framework, the Judiciary is now responsible for managing leave for Judges.

24 November 2023 - NW3592

Profile picture: Breytenbach, Adv G

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

With reference to the Solicitor-General’s determination that the legal fees incurred by the former President, Mr J G Zuma, in multiple unsuccessful legal challenges to almost every aspect of the State’s corruption case against him, which he has been instructed to repay by the Supreme Court of Appeal, have doubled since the initial assessment was made, what are the (a) full relevant details of the person who conducted the reassessment and (b) further relevant details regarding the investigation, including the reasons that the original estimation has nearly doubled?

Reply:

a) what are the full relevant details of the person who conducted the reassessment?

The reassessment was conducted by the senior and junior advocates involved in the matter, along with the attorney of record and state accountants attached to the Office of State Attorney, Pretoria.

and

b) further relevant details regarding the investigation, including the reasons that the original estimation has nearly doubled?

The advocates that are on brief (on behalf of the State) in the matter initiated the reassessment after reviewing the initial pleadings and records filed in the High Court (Pretoria) during the review application. Discrepancies were found, leading to the discovery of omitted amounts in the initial accounts made by the State Attorney, resulting in nearly doubling the original estimation. This resulted in the revision of the quantification and intimated claim upwards.

 

23 November 2023 - NW3797

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Justice and Correctional Services

Considering that despite the commitment of the President of the Republic, Mr M C Ramaphosa, that all instruments of the State would be used in the fight against corruption, the National Prosecuting Authority has been forced to go cap in hand to him and the Minister of Finance to ask for more money, what has he found to be the reasons that the criminal justice system is perennially underfunded?

Reply:

The Department of Justice and Constitutional Development receives its funding from National Treasury, through a budgetary appropriation process which get voted by Parliament. For the past three financial years (2021/2022, 2022/23 and 2023/24), the NPA received a budget allocation of R4.446 billion, R4.910 billion and R5.407 billion respectively. The above-mentioned allocation includes additional budget amounting to R200 million and R690 million which NPA received in the financial year 2022/23 and 2023/24 respectively, to fund for the Investigative Directorate, contracted specialist prosecution services to assist with complex corruption matters, amongst others. The reasons for inadequate funding for the criminal justice system can be attributed to the country’s limited fiscal resources.

17 November 2023 - NW3529

Profile picture: Marais, Ms P

Marais, Ms P to ask the Minister of Justice and Correctional Services

Following his visit to the East London West Bank Correctional Centre on Woman’s Day, which assistance has been provided to the female inmates in the facility, who are often without sanitary pads and no educational programmes?

Reply:

The East London Female Correctional Centre has a total 297 offenders incarcerated and 55 offenders are classified as maximum.

(I) The Standard Operating Procedure (Chapter 02 of the B-Order) stipulates that sanitary towels must be issued as required. DCS ensures that sanitary products are issued as required, minimum one packet of 20 or 12 per female inmate and thereafter, when it is required/as per need.

(ii) The centre has twenty registered Adult Education and Training learners in the current academic year of 2023. Ten out of these twenty offenders are classified as maximum that is 50% of the registered learners as follows:

  • AET level 1: 4
  • AET level 2: 8
  • AET level 3: 8

The centre has three offenders registered for Higher Education and Training as follows:

  • Higher Education and Training: 03 (02 registered with Unisa and 01 registered with Boston College).

The number of female offenders in East London Female CC who participated in skills development programmes during the month of August 2023 was 13. However, this does not mean that the other female offenders did not have access to skills training or were not previously trained. Skills Training programmes can be longer or shorter than one month depending on the skills programme offered.

All female inmates, who register the need for skills development programmes as per their sentence plans and who meet the minimum entry requirements have access to skills development programmes as per available resources.

END.

17 November 2023 - NW3578

Profile picture: Newhoudt-Druchen, Ms WS

Newhoudt-Druchen, Ms WS to ask the Minister of Justice and Correctional Services

Considering the rights of inmates in correctional centres, what steps, beyond confiscation, has his department taken to curb the unlawful possession and/or use of mobile devices by inmates?

Reply:

The total number of cell phones that were confiscated from 01 April 2023 to 31 October 2023 is as follows:

Regions

Total Number of Cell phones confiscated as reported by Regions

KwaZulu-Natal

4 433

Eastern Cape

3 228

Western Cape

2 780

Free State & Northern Cape

1 972

Limpopo, Mpumalanga & North West

3 139

Gauteng

5 381

National Total

20 933

The following measures have been in place to ensure that access to cell phones does not re-occur:

  • Conducting intensive searching (including surprise searches) is done on daily basis at Correctional Facilities and access control points. Searching is conducted on all vehicles, personnel, visitors and service providers. It is conducted as per Section 27 of CSA 111 of 1998 and Security Operating Procedures (SOPs). Searching of Officials, Stakeholders and Inmates when entering and leaving the Centres with hand held metal detectors and walk through metal detectors;
  • The DCS has implemented Policies on of “Bagless Society” and “Cell phone free Society”. These policies reflect that officials are not permitted to enter facilities with bags or packets other than their personal items and meals. Females to utilise clear plastic bags;
  • Regions have embarked on security awareness sessions on the prevention of smuggling of contrabands;
  • Guidelines are in place on how confiscated cell phones must be disposed of to prevent re-circulation;
  • Trained sniffer dogs are utilised for cell phone detection;
  • Disciplinary measures and swift consequence management are applied to all officials, visitors, service providers and inmates involved in any form of smuggling of contraband including amongst others, cellular devices;
  • Ensuring night and day patrol is intensified in the correctional Centres; &
  • Ensuring that all posts including tower posts are manned and ESTs are placed at strategic posts.

Total number of Correctional Officials that were found to have been involved in such cases is as follows:

Region

Number of officials were caught smuggling cell phones as reported by Regions

Total number of unauthorised cell phone cases reported to SAPS

KwaZulu-Natal

01

0

Eastern Cape

0

0

Western Cape

02

02

Free State Northern Cape

0

0

Limpopo Mpumalanga North West

0

0

Gauteng

02

02

National Total

05

04

Actions that have been taken against the specified Correctional Officials are as follows:

Region

Disciplinary steps taken

KwaZulu-Natal

One (01) official dismissed

Western Cape

Two (02) officials - Investigation in progress

Gauteng

One (01) official resigned pending the disciplinary hearing.

Disciplinary hearing of one (01) official still pending.

END.

17 November 2023 - NW3509

Profile picture: Msimang, Prof CT

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

What is the total number of (a) newly functional (i) public and (ii) private correctional facilities and (b) correctional facilities under construction in the current financial year in each province?

Reply:

Note: The Hon member referred to newly functional correctional facilities, without stipulating or providing an explanation regarding the criteria or classification of the term “newly functional”. This response provides a holistic numerical overview related to all correctional facilities.

a) The total number of functional correctional facilities are as follows:

  1. Public - 234
  2. Private - one (01)

b) The total number of correctional facilities under construction in the current financial year in each province are as follows:

Gauteng Province – one (1)

Western Cape Province – nil (0)

Eastern Cape Province – one (1)

KwaZulu Natal Province – one (1)

Limpopo Province – nil (0)

North West Province – two (2)

Mpumalanga Province – nil (0)

Freestate Province – one (1)

Northern Cape Province – nil (0)

END.

17 November 2023 - NW3594

Profile picture: Engelbrecht, Mr J

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

(1)With reference to at least three senior managers in his Department of Correctional Services (Chief Financial Officer & Directors) related to the COVID-19 pandemic procurements, what is the current status of the disciplinary processes against each of the implicated officials; (2) Whether the implicated officials are still receiving their full remuneration packages; if not, what is the position in each case, if so, what are the relevant details?

Reply:

1. The disciplinary hearing against the three DCS Senior Managers, who were charged in the same hearing, have been finalised and awaiting the findings by the chairperson (Senior Counsel) appointed by the state attorney. The chairperson in a procedural notice indicated that the findings would be provided by latest mid-November 2023.

2. It should be noted that the officials who are of the Senior Management Service (SMS) category in the Public Service are suspended in terms of chapter 07 of the SMS handbook with full pay.

END.

17 November 2023 - NW3593

Profile picture: Breytenbach, Adv G

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

What are the details of the practical steps he has taken to address the dysfunctional state of the Master’s offices, where service delivery has regressed, with some offices having issued instructions to practitioners not to contact them to enquire about progress of their cases and (b) by what date is it envisaged that he will address the dismal state of affairs?

Reply:

The Master’s Offices deals with not only deceased estates, but also bankruptcy matters, registration of trusts, curatorships as well as the Guardian’s Fund.

The Masters have been experiencing challenges with regards to appointment in deceased estates and trusts, as well as payment of Guardian’s Fund claims.

The Master’s Offices are not dysfunctional and though some offices are struggling more than others.

The challenges experienced by the Master includes, but are not limited to, the following:

i) Challenges in obtaining files from off-site storage

The Master’s Offices in Pretoria and Pietermaritzburg have been historically making use of offsite-storage service providers for trust files as they do not have enough space to store their files. The previous contract expired during March 2023 and the Department of Justice entered into a contract with a new Service Provider. The new service provider experienced challenges with the handover from the previous service provider and further to that, the Department decided that the Master Johannesburg, Durban and Cape Town should also now make use of the service of the new service provider as digitization forms part of the contract. Old deceased estate files have also been included in this project now, as there are no electronic copies of these files available currently.

However, due to the challenges, the service provider experienced in the handover as well as the state of the files received from the previous service provider, they were unable to, to date scan all files in their possession.

In the light of this offices were unable to deal with correspondence received in most of those files, as they are unable to view / access the files.

This contract is managed by the Deputy Information Officer’s office and not by the Masters.

A meeting was held between all relevant parties to discuss a solution for the delay and fast tracking providing of files to the Masters Offices.

Task teams have been created for each province and will be liaising directly with the service provider to streamline and unblock challenges experienced by the service provider and the Master.

ii) Load shedding

The three sections which are struggling are all dependent on system access and hence load shedding has a paralyzing effect on the functions of these sections. This is however not affecting all offices as there are some which are situated in areas which do not get load shedding and /or have generators.

iii) System downtime

The three sections which are struggling are all dependent on system access and hence any system downtime, bugs and lags have a paralyzing effect on the functions of these sections.

Integration links with external service providers such as Department of Home Affairs also plays a pivotal role in the service delivery in these sections and downtime on their side is also hampering the performance of the Master.

Regular meetings are taking place between the Branch and the ICT Branch of the Department, as well as with DHA and other stakeholders in order to address these challenges.

iv) Vacancies and budget cuts

The Branch budget has been cut and a moratorium has been placed on the filling of any vacant posts and any post which becomes vacant subsequently, however, the Branch has been requested to identify critical post which will be considered for filling, should funds be available.

v) Backlogs

Due to the above issues the Masters have a revolving backlog challenge which will only be contained once the above challenges have been addressed and resolved.

Performance in the Branch is measured against targets set in terms of the Masters’ Annual Performance Plan which has been determined taking into account the challenges experienced in the Masters’ environment.

In the light of this, targets has been set at around 70% of matters done within the given timeframe, which allows for a 30% deviation on this to make provision for matters effected by the challenges listed above. It is envisaged that these targets and performance will increase as and when the above challenges have been addressed.

However, in a bid to improve service delivery, the Master’ Branch together with the ICT Branch, have been developing an Online Deceased Estates Solution to address challenges experienced by our clients when reporting an estate with the Master.

The Online Deceased Estate System seeks to enable South African citizens to submit their deceased estate applications online, giving the user the ability to register an estate from the comfort of their home or office without the need physically to visit any Master’s Office or Service Point of the Master. This system was launched into live production on 10 October 2023 in five Master’s Offices (Johannesburg, Durban, Cape Town, Pretoria and Thohoyandou).

Together with this Online System, a QR-coded appointment letter has been developed. This appointment letter is being sent electronically to the applicant instantly, upon approval of the appointment by the Assistant Master. The client then merely downloads the appointment letter, which can now be verified by scanning the QR-code, and then proceed with the administration of the estate. This alleviates the challenges experienced with collecting of original appointment letters at the Master’s Office, delays caused by postal services not being available, relevant institutions causing delays due to first awaiting verifications of appointments letters from the Master and the need for requesting copies from the Master in this regard. QR-coded appointment letters have already been implemented with great success in three Master’s Offices (Johannesburg, Durban and Cape Town) and the rest of the country is to follow suit as soon as possible.

Though the Master’s Offices are hard hit by challenges such as loadshedding, struggling to obtain files from off-site facilities, understaffing, budget cuts and constant network challenges, we are forever striving to implement solutions to better service delivery and ease the frustrations of not only the citizens, but also the employees of the Branch, who are working in a challenging environment.

Furthermore, the Department has set up a high-level Task-Team which will be zooming in on the issues in which the Masters offices are experiencing challenges and addressing them as part of a project action plan.

17 November 2023 - NW3510

Profile picture: Msimang, Prof CT

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

What are the details of any functional interdepartmental partnerships that his department entered into since he assumed office to ensure the fulfilment of its objectives and mandate?

Reply:

The Department of Correctional Services (DCS) has a functional interdepartmental partnerships with various Departments to ensure the fulfilment of its objects and mandate.

The DCS has an existing partnership with Department of Public Works and Infrastructure (DPWI), the partnership commenced on 10 March 2021 and it will end on 09 March 2024. The aim of the Memorandum of Agreement (MoA) is to guide and manage the relationship between DCS and DPWI in order achieve the following:

  • DCS to manufacture and supply furniture to DPWI as per their requirements.
  • DCS to repair broken office and VIPs residential furniture.

In addition, the Department also has a functional interdepartmental partnership with the Agriculture Research Council (ARC). The partnership commenced on 21 September 2022, and it will end on 20 September 2025. The aim of the Service Level Agreement (SLA) is to guide and manage the relationship between the ARC and DCS to achieve the following:

  • Promote a coherent and effective system on provision of agriculture related services, promote sharing of information, i.e. policies, procedures and technical information;
  • Assist and support each other in respect of the agreed services between the parties and agreement; and
  • Inform each other of and consult each other on matters of common interest.

Furthermore, the Implementation Protocol Agreement for the Provision of Educational Support and Services for Self-Sufficiency and Sustainability was entered into with the Department of Basic Education (DBE) for formal Education matters (Educator development, assistance with Learner Teacher Support Material, manufacture, maintenance, refurbishment and supply furniture of schools; establishment of school gardens; access to Grade 12 end of year results datasets of all registered schools.

The DCS has entered into the Implementation Protocol Agreement with the D Department of Higher Education and Training (DHET) on educator development on administration of examinations policy and curriculum matters on ABET.

DCS also signed interdepartmental partnership agreements with the following Stakeholders in the fulfilment of the rehabilitation objectives and mandate:

  • DHET to support the provisioning of TVET College programmes and AET programmes;
  • The National Skills Fund (NSF) for the provisioning of accredited skills training programmes and learnerships to offenders;
  • SASSETA, Services SETA and MERSETA for the provisioning of skills training, accreditation of offender workplaces and Training Centres

Moreover, DCS also is a beneficiary of the Global Fund Grant (GFG) through the National Department of Health for COVID-19 Response Mechanism 2021 (C19RM 2.0) which commenced on 01 July 2021 – 31 December 2023. The funds are managed by National Department of Health and are specifically earmarked for compensation of the appointed Infection Prevention and Control (IPC) Coordinators and Surveillance Officers.

The Department of Correctional Services was awarded Global Funds through the South African National AIDS Council for capacity building of officials on Human Rights matters specifically relating to People Living with HIV, TB including Key and Vulnerable Populations (including inmates). Funding is awarded for the period 01 April 2022 – 31 March 2025. The funds are managed by the South African National AIDS Council and no funds have been provided to the Department of Correctional Services directly.

END.

16 November 2023 - NW3601

Profile picture: Mulder, Mr FJ

Mulder, Mr FJ to ask the Minister of Justice and Correctional Services

(1)With reference to the complaint of Mrs Léanca Louw against Mr Nicolaas Wilhelm Herbst (CAS 25/4/2022 Primrose Police Station) and the latter’s countercharge (CAS 43/4/2022 Germiston Police Station), (a) what are the reasons that the State Prosecutor in the case did not proceed on the charges brought by Mrs Louw and (b) how did the countercharges proceed to trial before the investigations into the main charges were finalised; (2) whether, after Senior State Prosecutors received a complete docket and apparently realised that there was potential tampering with the docket, it requested an investigation into the matter; if not, why not; if so, what are the relevant details; (3) once the Senior State Prosecutor was given the full facts, what are the reasons that the (a) trial proceeded knowing that there was a material dispute of fact and (b) Senior State Prosecutor attempted to mediate the matter on behalf of the suspect on the countercharge; (4) what are the reasons that the Office of the State Prosecutor failed for a year to respond to correspondence from the attorney of Mrs Louw; (5) whether he will make a statement on the matter?

Reply:

This question involves sensitive information that, in the interests of protecting the integrity and confidentiality of the parties in question, the NPA is willing to make available to Ms Louw’s legal representatives to disclose further (as he or she deems fit). Where this is the case, it has been expressly indicated. With the above in mind, below are the replies to the questions:

1. AD QUESTION 1(a):

  • 1.1 On 07 April 2022 the police presented the Control Prosecutor with one case docket of Primrose CAS 25/04/2022. Having perused the docket content, the Control Prosecutor was of the view that the said docket did not contain sufficient evidence to constitute enrolment as there were no reasonable prospects of a successful prosecution. The NPA is willing to provide the reasons for this decision to Ms Louw’s legal representatives.
  • 1.2 The Control Prosecutor requested further investigations.The investigating officer was instructed to re-submit the docket for a final decision as soon as the investigation queries were attended to.
  • 1.3 On 07 April 2022, the police provided the Control Prosecutor with Primrose CAS 25/04/2022. The Control Prosecutor was unaware that there was also a counter charge under Primrose CAS 43/04/2022.

AD QUESTION 1(b):

  • 1.5 On 12 April 2022, the police presented the prosecution with one case docket of Primrose CAS 43/04/2022 (counter charge). This matter was attended to by the Acting Control Prosecutor and not the Control Prosecutor who dealt with the docket of Primrose CAS 25/04/2022.
  • 1.6 The Acting Control Prosecutor, unaware of the other docket, perused CAS 43/04/2022, and decided that there were sufficient grounds to prosecute. The matter was enrolled in the normal course of events and proceeded to trial on 07 November 2022.

2. AD QUESTION 2:

  • 2.1 The legal representative of Ms Louw brought the matter to the attention of the Senior Public Prosecutor (SPP) on 02 December 2022.
  • 2.2 The legal representative alleged that the South African Police Service tampered with police case docket of Primrose CAS 25/04/2022.
  • 2.3 The SPP verbally advised the legal representative to report this allegation to the relevant Commander of the Criminal Investigation Unit.
  • 2.4 The SPP had no personal knowledge of any of the two criminal cases prior to 02 December 2022.
  • 2.5 The SPP took immediate steps and called for the dockets from the police. The SPP promptly attended to the matter as soon as the case dockets were received.

AD QUESTION 3(a):

3.1 The trial in the matter of Primrose CAS 25/04/2022 commenced on 07 November 2022.

3.2 The legal representative of Ms Louw brought the matter to the attention of the SPP only on 02 December 2022.

3.3 The SPP was not aware of the two cases or a material dispute of fact prior to 02 December 2022.

AD QUESTION 3(b):

3.4 The SPP canvassed the possibility of Formal Mediation with the legal representative of Ms Louw based on the facts at the prosecution’s disposal at that time.

3.5 Mediation forms part of the Criminal Justice System as an Alternative Dispute Resolution Mechanism in terms of the Policy Manual of the National Prosecuting Authority.

4. AD QUESTION 4:

The SPP communicated with the legal representative of Ms Louw on a regular basis spanning the period December 2022 to August 2023. The NPA is willing to make available the details of dates and forms of communication to Ms Louw’s legal representative.

5. AD QUESTION 5:

5.1 See paragraphs 1 – 4 supra.

16 November 2023 - NW2940

Profile picture: Groenewald, Dr PJ

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

(1) What (a) total number of cases were rejected by the National Prosecuting Authority (i) over the past five financial years and (ii) since 1 April 2023 due to inadequate investigation by the SA Police Service and (b) was the total number of complaints in each specified case; (2) whether he will make a statement on the matter?

Reply:

The National Prosecuting Authority (NPA) does not record cases rejected due to ‘inadequate investigation”. Where the SA Police Service submit case dockets to the NPA for decision where the investigations are “inadequate” the NPA provides the Police with directions for further investigation and the case dockets are returned to the Police.

In the lower courts, all Police case dockets presented to prosecutors for decision are considered and when further investigation is required, such directions as to the further investigation is provided to the investigating officer. In more complex cases dealt with by the Specialised Commercial Crimes Unit, Organised Crime Component or the Serious Complex Tax Unit a PGI (Prosecutor Guided Investigation) approach is adopted earlier in the process.

The investigation is also monitored and the responsibility of the management within the South African Police Service and questions regarding the quality of investigations may be directed to the SAPS.

 

10 November 2023 - NW3201

Profile picture: Abrahams, Ms ALA

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

Whether, with reference to his reply to question 3629 on 28 October 2022, in which he indicated that the National Prosecuting Authority (NPA) does not keep data on criminal offences committed against children specifically, his department has since instructed the NPA to commence with record keeping of (a) child-specific criminal cases as well as (b) the conviction rate for (i) child murders, (ii) attempted child murder, (iii) assault of a child with the intent to do grievous bodily harm and (iv) sexual offences against children; if not, why not; if so, what has been the total number of successful convictions in the above categories for the SA Crime Statistic quarterly reporting periods of (aa) 1 October 2022 to 31 December 2022, (bb) 1 January 2023 to 31 March 2023 and (cc) 1 April to 30 June 2023?

Reply:

A similar request was received by the National Prosecuting Authority (NPA) in 2022 and which response is attached hereto. Since the NPA were not keeping the data, engagements and the feasibility of obtaining the important information has been undertaken.

The NPA has arranged with the South African Police Service (SAPS) in the interim to share information with the NPA from SAPS in order to interrogate and monitor child-specific cases. The Crime Registrar of the South African Police Service keeps record of the relevant information. To have access to the information held by the South African Police Services, a formal request must be submitted to the National Commissioner of SAPS.

As Indicated previously, the National Prosecuting Authority (NPA) prioritises all Gender-Based Violence and Femicide (GBVF) matters and more especially where the victims are children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim responsive manner, in line with the Strategic Plan of the NPA.

This is done by providing pre-trial and court preparation services, often in collaboration with Civil Society Organisations (CSO), at its sixty-three (63) Thuthuzela Care Centres (TCCs) across the country. These one-stop centres provide a variety of essential psycho-social, medical, and legal services thus creating a safe space for child victims to report offences against them and receive services that are empowering them to transform into survivors.

Specialised training is also provided to prosecutors in dealing with child victims and their testimonies. Whilst prosecutors in court are prioritising these matters, data is not kept for offences committed against children specifically. Prosecutors also work closely the investigating officers of these cases and guide the investigations as and when required to do so.

When prosecutors address the court on extenuating or aggravating circumstances, the fact that a child may have been the victim of the crime is one of the various aspects highlighted when the court is addressed before the passing of sentence.

06 November 2023 - NW3381

Profile picture: Msimang, Prof CT

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

Whether he will furnish Prof C.T Msimang with the figures for the total (a) recorded number of prisoners in correctional facilities in each province and (b) number of beds (i) in correctional facilities and (ii) available as at the latest specified date for which information is available; if not, why not; if so, what are the relevant details?

Reply:

It should be noted that Department of Correctional Services (DCS) is demarcated into Six Regions and not aligned to the provincial dispensation.

a) Total number of inmates in correctional facilities in each region as on 19 October 2023:

Region

Unsentenced Inmates

Sentenced Offenders

Total Inmates

Eastern Cape

6 889

13 944

20 833

Free State & Northern Cape

6 408

14 094

20 502

Gauteng

15 540

20 485

36 025

KwaZulu-Natal

7 078

16 203

23 281

Limpopo Mpumalanga & North West

5 740

15 506

21 246

Western Cape

12 875

13 624

26 499

TOTAL

54 530

93 856

148 386

(b)(i) Number of beds in correctional facilities as on 19 October 2023:

Region

Bedspace

Eastern Cape

12 427

Free State & Northern Cape

18 462

Gauteng

23 247

KwaZulu-Natal

17 778

Limpopo Mpumalanga & North West

14 789

Western Cape

17 855

TOTAL

104 558

(b)(ii) The information is provided in part (a) and (b)(i) as requested.

END

26 October 2023 - NW2938

Profile picture: Zungula, Mr V

Zungula, Mr V to ask the Minister of Justice and Correctional Services

(1) What total amount of Government funds have been spent on court proceedings for illegal immigrants, including translators, in the past financial year; (2) what total number of illegal immigrants have been granted bail and (b) number who have been granted bail did not further attend court proceedings in the past financial year?

Reply:

1.The Department of Justice and Constitutional Development (DoJ &CD) does not keep separate expenditure trends of the illegal immigrants appearing in our courts. The DoJ&CD does keep Expenditure trends of Foreign Nationals appearing in our courts since we supply and pay for Foreign Interpreter Language Services for the foreign national accused persons. 

2. The department does not keep specific statistics on illegal immigrants appearing in our courts The illegal immigrants when arrested by SAPS are communicated to Department of Home Affairs. The Department of Home Affairs then facilitate the court appearance and the deportation plans. 

26 October 2023 - NW3041

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Justice and Correctional Services

(1) Whether, with reference to section 199(1) of the Constitution of the Republic of South Africa, 1996 (details furnished), section 334 of the Criminal Procedure Act (CPA), Act 51 of 1977 (details furnished), and Government Notice No 1114 of 19 October 2018 in particular, which provides for the appointment of law enforcement officers appointed by municipalities as peace officers in terms of section 334 of the CPA, municipalities may rely on any other legislation to create law enforcement officers for appointment by municipalities; if not, what (a) is the definition of law enforcement officers as defined by his department and (b) provisions do they rely upon to hold an office that has been declared for peace officers in terms of section 334 of the CPA; if so, what legislation; (2) whether any municipality may rely on any national legislation to establish a security service known as law enforcement officers for appointment by municipalities; if not, (a) what is the definition upon which the municipality relies to declare them peace officers, by virtue of their office as law enforcement officers appointed by municipalities in the specified Government Notice in terms of the CPA, (b) under what authority did the previous Minister of Justice and Correctional Services act to extend peace officer powers to such persons and (c) does he intend to rescind the relevant Government Notice;

Reply:

(a) A municipality is empowered to establish a municipal police service in terms of Chapter 12 of the SAPS Act.

(b) The expression law enforcement officer must be interpreted in the confines of section 334 of the CPA and other applicable legislation, for instance, the SAPS Act, the Constitution of the Republic of South Africa, 1996, and the National Road Traffic Act, 1996 (Act No. 93 of 1996) (the applicable legislation).

(c) In terms of the applicable legislation a municipality cannot establish a criminal investigation unit that is not a municipal police service as contemplated in Chapter 12 of the SAPS Act, and the Notice cannot confer powers on a municipality to establish such a criminal investigation unit.

(d) In terms of the interpretation in paragraph (b), the expression means—

(i) a member of a municipal police service, established as a municipal police service in terms of Chapter 12 of the SAPS Act; and

(ii) a traffic officer, reserve traffic officer, traffic warden and reserve traffic warden contemplated in the NRT Act, appointed by a municipality.

(e) A member of a municipal criminal investigation unit, which has not been established as a municipal police service in terms of Chapter 12 of the SAPS Act, cannot for purposes of the Notice be regarded as a peace officer.

(f) Section 334(2)(a) of the CPA provides that a person who is a peace officer is only authorised to exercise the power of a peace officer if he or she is in possession of a certificate of appointment issued by his or her employer. The Minister has in terms of the Notice, in terms of section 334(3)(a) of the CPA, prescribed that a certificate of appointment referred to in section 334(2)(a) of the CPA can only be issued if the employer of a "law enforcement officer appointed by municipality" has been furnished with a certificate of competency by the National Commissioner of the South African Police Service in which it is stated that such a "law enforcement officer appointed by municipality" is competent to exercise the powers conferred upon a peace officer in terms of the Notice.

I do not intend to withdraw the Notice as issued by the then Minister of Justice.

16 October 2023 - NW2877

Profile picture: Groenewald, Dr PJ

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

(1) What total number of (a) magistrates and (b) prosecutors (i) in each of the past five financial years and (ii) since 1 April 2023 have been (aa) criminally charged and (bb) convicted in each specified financial year; (2) what (a) were the criminal charges in each case and (b) number of each specified charge was raised?

Reply:

(1)(2). The breakdown detail for Magistrates is as follows:

1(A) MAGISTRATES-

(i)Year.

(aa) charged.

(bb) convicted.

(2) (a) what charges.

(b) Numbers of each specific charge.

2018

1

1

Crimen injuria.

1 Charge.

 

1

Passed Away

Corruption.

1 Charge

 

1

Acquitted

Exceeding the Speed Limit.

1 Charge.

2019

1

Pending

Corruption.

1 Charge.

2020

1

Pending

Driving a vehicle while under the influence of alcohol.

1 Charge.

2021

1

Withdrawn.

Theft.

1 Charge.

 

1

Resigned.

Driving a vehicle while under the influence of alcohol.

1 Charge.

(ii) 01 April 2023

1

Withdrawn.

Assault.

1 Charge.

 

1

Pending.

Defeating the ends of justice.

1 Charge.

.

(1)(2) The total number of prosecutors criminally charged and convicted in the past five financial years and the current year, since 01 April 2023, is 41. The breakdown detail, which includes number of counts / charges where relevant, is as follows:

PROSECUTORS

Charges

2018/19

2019/20

2020/21

2021/22

2022/23

2023/24

Total

Defeating the ends of justice

   

1

1

1

 

3

Reckless and negligent driving

   

1

(Plus defeating ends of justice)

     

1

Driving under influence

2

(1:C & 1:A)

   

1

   

3

Fraud

1

1

(1: C)

 

1

2

(1 includes money laundering,S5 & S6 POCA)

 

5

Corruption

1

4

(1:C)

2

4

(2:C)

2

2

(1:A)

15

Rape / SO

     

1

1

2

1 (x2 counts)

4

Domestic Violence

       

1

1

2

Stock Theft

         

1

1

Unlawful possession of firearm and discharge

         

1

1

Theft

   

1

convicted

1

   

2

Assault

     

1 (GLD) - mediated

   

1

Malicious injury to property

     

1 (GLD)

Includes Assault - mediated

   

1

Bribery

1

1

       

2

Total

41

Legend: C = Convicted; A = Acquitted; M = Mediated

13 October 2023 - NW3006

Profile picture: Van Minnen, Ms BM

Van Minnen, Ms BM to ask the Minister of Justice and Correctional Services

(1)With reference to the old Somerset West Police Station located on Somerset West Main Road, which is currently used by the Department of Correctional Services, what (a) progress has been regarding filling and moving the files that are filling the ceiling space and (b) are the details of the relevant precautions that have been taken given that the building is a national monument;

Reply:

1. (a) The Department of Correctional Services (DCS) is not able to dispose of any public records in its custody, be it records of deceased members or deceased offenders due to the moratorium on the destruction of records imposed by Cabinet as per Circular 02 of 1998 due to non-completion of the Truth and Reconciliation Commission (TRC).

As a result, files and records are inundating DCS offices.

On numerous occasions, DCS has written to the Department of Sports, Arts and Culture (DSAC) requesting them to approach Cabinet to consider partial upliftment of the moratorium on the destruction of records that are not related to the TRC and feedback is awaited in this regard.

As at, 18 September 2023, 50 boxes have been filled with inactive files and stored in one of the offices with the intention of moving them to the Regional Office.

As at, 19 September 2023, boxes of inactive files have been moved to appropriate archive facilities at the Regional Office, the active files will remain at the Community Corrections office in Stellenbosch.

The remainder of the inactive files will be packed in boxes and moved to the Regional office with the due date of 30 September 2023, for the project to be completed.

(b) The Minor renovations of the building listed below are underway using own resources. However, it must be indicated that major renovations must be done by the Department of Public Works and Infrastructure:

  1. Cleaning all ceilings
  2. Prepare internal walls, doors and doorframes.
  3. Prepare wooden floors and tiled floors
  4. Prepare and varnish all wooden window frames
  5. Paint internal walls, doors and doorframes
  6. Repair Electrical and DB board
  7. Repair Plumbing
  8. Repair broken door handles and locks
  9. Replace broken window panes and restore old putty
  10. Prepare walls and external window frames
  11. Repair broken tar floors
  12. Clean court house wall
  13. Steel frames
  14. Kitchen cupboard
  15. Steel cabinet for gas
  16. Shift all IT cabling into trunking
  17. Replacement of Carport nets
  18. Removing of stored files

DPWI RESPONSIBILITIES

  1. Replace gutters and facial boards
  2. Replace broken asbestos roof sheets
  3. Repair roof leaks

The target date for the completion of all minor renovations by DCS is
01 December 2023.

2. (a) Somerset Community Corrections office serves 07 Areas.

Namely: Macassar, Somerset West, Lwandle / Nomzamo, Strand, Gordons Bay, Sir Lowry’s Pass and Faure Farms.

(b) The current caseload is 183 with 25 parolees reporting to the office on a weekly basis for consultations and interventions.

3. (a) There are no parolees registered in the system of Community Corrections without confirmed addresses. Confirmation of address is a pre-requisite for admission.

(b) Regular monitoring and Monthly Special Monitoring:

Special monitoring is to check on absconders and also to ensure that parolees comply with their conditions;

  • Involve relevant stakeholders such as South African Police Service (SAPS), Community Policing Forums (CPFs), Neighbourhood Watch members and Private Security with Special Monitoring as part of stakeholder’s engagement and visibility in the communities;
  • Arrange employment where possible;
  • Parolees in programmes by stakeholders (Badisa, Help Me Network and Helderberg Cares) e.g. Parenting, Drug Addiction Programmes etc;
  • Hope Prison Ministry (Restorative Justice Awareness Program);
  • Social work programmes presented are Life Skills, Anger Management, Sexual Offenders Treatment Program, Group work and Individual interviews; and

These activities are aimed at ensuring that reintegration into the communities becomes successful.

 

END.