Questions and Replies
15 August 2024 - NW37
Tito, Ms LF to ask the Minister of Justice and Constitutional Development
What are the reasons that employees at the Masters Office, in the Northern Cape High Court, Kimberley, take prolonged lunch breaks from 12:00 until 14h00 effectively causing the closure of operations and denial of access to services to members of the public?
Reply:
The Department of Justice and Constitutional Development, in line with its commitment to the Batho Pele principles of “People First”, considers the efficient and professional delivery of justice services as fundamentally important. Members of the public must receive quality, accessible and transparent services at all times.
The Department did ascertain, from both officials internally and from external stakeholders, that no such prolonged lunch breaks, as mentioned by the Honourable Member of Parliament, were taking place.
The Department’s lunch break for officials is 45 minutes in accordance with the provisions of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997). Officials are expected to be back at their stations immediately after lunch. This practice is regulated and governed by the relevant prescripts and other public service regulations.
The Honourable Member can be assured that the matter will be closely monitored going forward and that unannounced “spot check” visits will be done to ensure that the regulations are adhered to at all times.
30 April 2024 - NW764
Van Dyk, Ms V to ask the Minister of Justice and Correctional Services
(1)(a) What is the status of the court case at the Equality Court in Gauteng regarding the alleged racist utterances made by a certain person (name and details furnished) and (b) by what date is it envisaged that the specified court would reach an outcome; (2) what are the reasons that the specified matter has not been addressed and/or prioritised yet, while other racist utterances like that of Ms Penny Sparrow were met with a guilty verdict of hate speech within a short period of time; (3) whether he has found that the specified person is receiving special treatment; if not, what are the reasons that the specified person has not been held accountable yet; if so, what are the relevant details?
Reply:
The matter is being dealt with by the SA Human Rights Commission who have provided me inter alia with the following report:
The complaint was initiated by the Commission’s Northern Cape Provincial Office (NCPO) when they became aware of the audio recording. The NCPO made a preliminary assessment of the complaint and determined that the complaint would best be dealt with through litigation in the Equality Court.
The NCPO established that the respondent’s primary residence was in Gauteng and as per the Commissions Complaints Handling Procedure in August 2023, the complaint was transferred to the Gauteng Provincial Office (GPO).
The GPO has:
- appointed a tracing agent to confirm the respondents address;
- briefed counsel to draft an application in terms of section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act against the respondent based on the utterances made by him in the audio recordings;
- forwarded a letter to the Respondent (via his attorneys) in April 2024 to obtain his response to the complaint. The GPO awaits the Respondent’s response.
30 April 2024 - NW671
Schreiber, Dr LA to ask the Minister of Justice and Correctional Services
(1)How does he reconcile the constitutional injunction for the promotion of all South African official languages with the directive issued by the Legal Practice Council on 13 December 2023 forcing candidate attorneys to only write their legal examinations in English; (2) how does he find does the abandonment of multilingualism in favour of English monolingualism in the judicial system, impact upon the right to a fair trial that a person, who is not an English first-language speaker, may rely upon as provided for in section 35(3) of the Constitution of the Republic, 1996?
Reply:
Question 1:
1. The LPC does not form part of either national or provincial government. Nor is the LPC listed as a “national public entity” under the Public Finance Management Act, 1999, as contemplated in the Use of Official Languages Act 12 of 2012. As such, the suggestion that section 6(3)(a) of the Constitution of the Republic of South Africa Act 108 of 1996 (Constitution) is applicable to the language policy of the LPC is incorrect.
2. Prior to the decision to offer the examination papers in English only, the LPC offered the examination in both English and Afrikaans. Over the period from March 2021 to August 2023 no more than 26 candidates wrote the examinations in Afrikaans at any sitting. In the six examinations over this period this made up between 0.3 and 0.5% of the candidates sitting in the examinations (with total enrolments for the examinations varying between 4 912 and 7878 candidates per sitting).
3. Consistently with this observation, we note that whilst the LPC received complaints from a few organisations pursuant to the publication of its decision not to offer the examination in Afrikaans, not a single candidate legal practitioner raised an objection.
4. The continued offer of Afrikaans examinations for the benefit of a negligible number of candidates has disproportionate cost and logistical implications for the LPC. Moreover, in the last examinations of August 2023, discrepancies between the Afrikaans and English versions of the examination papers led to concerns about the unfair advantage offered to Afrikaans-speaking candidates sitting in the examinations.
5. Many of the considerations considered by the Constitutional Court in relation to the language policy of the University of the Free State, as set out in AfriForum and Another v University of the Free State 2018 (2) SA 185 (CC) apply with equal force in the present context.
6. We further drawn your attention to the fact that the LPC accredits training providers who offer the Practical Vocational Training structured coursework programmes. These programmes are offered, by the training providers (not the LPC), in English. The material is expensive to produce and update annually and is not also produced in Afrikaans. There is also insufficient demand to justify the costs of translation.
Question 2:
1. The LPC denies that its language policy, and its decision to offer competency-based examinations in English only, stand in breach of or in conflict with its objects as set out in section 5 of the Legal Practice Act 28 of 2014 (LPA). The objects of the LPC include for it to “facilitate the realisation of the goal of a transformed and restructured legal profession that is accountable, efficient and independent” (section 5(a)), which must perforce require of the LPC to bring into account equity, practicability, and the critical need to undo the damage caused by racial discrimination in its approach to language use and examination. Simply put, any criticism of, and engagement with, the LPC’s language policy and its decision to offer examinations in English only must occur by reference to the correct legal and factual context.
2. The reality is that English is the language of record in South African Courts. Whilst legal practitioners are free to provide legal advice to their clients in the language of their choice, and whilst accommodations are made in the court processes which take account of language rights of those represented, legal practitioners participate in legal processes almost exclusively through the medium of English. The competency of legal practitioners to participate in the legal processes through the medium of English is therefore of significant importance, to protect the interests of the public who make use of legal services.
30 April 2024 - NW8
Mulder, Dr CP to ask the Minister of Justice and Correctional Services
(1) What total legal costs were incurred for the proceedings instituted by the Government against the State of Israel on 29 December 2023 before the International Court of Justice; (2) whether any third parties sponsored South Africa’s application, be it financially and/or otherwise; if not, what is the position in this regard; if so, what are the relevant details; (3) what was the (a) size of the South African legal team, including foreign attorneys and (b) total number of (i) Members of Parliament and (ii) State officials who were invited by his department to attend the proceedings; (4) what was the total (a) travel and (b) accommodation costs incurred by his department for all (i) legal personnel, (ii) politicians and (iii) State officials; (5) whether he will make a statement on the matter?
Reply:
1.Three government Departments namely, the Presidency, International Relations and Cooperation and Justice and Constitutional Development had legal representation for the ICJ case argued on 11 and 12 January 2024.
I am only able to respond with regard to the Counsel and costs falling under the Department I am responsible for.
The Department of Justice and Constitutional Development had 1 senior and 2 junior counsel who handled the matter on a pro bono basis,
(2) I am not aware of any third parties’ sponsorship.
(3)
(a) There were three legal practitioners / counsel who were on brief by the Department of Justice and Constitutional Development (the Department).
(b) I attended the proceedings at the International Court of Justice (ICJ) on 11 and 12 January 2024 together with three officials.
(4) The information is as follows: -
(a) The costs in respect of travel for:
- Legal team is R277 083.
- Minister is R443 442.
- State Officials is R1025 359, (this includes the VIP Protector who is employed by SAPS, so considered an official)
(b) The total costs for accommodation:
- Legal team is R73 420.
- Minister is R43 999.
- State Officials is R58 115. (this includes the VIP Protector who is employed by SAPS, so considered an official)
c) Subsistence Allowance for Minister & Officials
- R34 080,42
(5) Yes. South Africa is extremely proud that we took this matter to the ICJ. As Government, South Africa could not sit idly and watch the killing of innocent people in Gaza. South Africa stepped up at the time when thousands of lives, mainly vulnerable women and children, were killed and our efforts drew the world's attention that a genocide is happening in Gaza. Several other countries joined in the condemnation of the genocide and pledged support and solidarity with South Africa for its stance against genocide. This is evidenced by the fact that the ICJ held, by fifteen votes to two, that the State of Israel must, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention. Moreover on 26 January 2024, the court ruled that “the present perilous situation demands immediate and effective implementation of those measures”, in response to the Article 75 application of the ICJ, that Israel is bound by the provisional measures order.
30 April 2024 - NW646
Herron, Mr BN to ask the Minister of Justice and Correctional Services
In what total number of the 137 Truth and Reconciliation Commission (TRC) cases under investigation has the Directorate for Priority Crime Investigation (DPCI) and National Prosecuting Authority (NPA) component (a) identified potential suspects who are still alive and may potentially be prosecuted, (b) established definitively that there are no living suspects who may be prosecuted and (c) is yet to establish whether there are living suspects who may be prosecuted; (2) whether the Department of Justice, NPA and/or DPCI is in possession of a definitive list of cases that were transferred from the TRC; if not, what is being referenced when he refers to cases that were referred by the TRC; if so, (a)(i) who compiled the specified list and (ii) on what date was it completed, (b)(i) on what date was the list transferred to the NPA and (ii) to whom, (c) what fields are included in the list and (d) what total number of cases are included?
Reply:
1(a) Thus far, there are eight (8) cases which are on the criminal court roll where suspects are being prosecuted for multiple offences emanating from TRC matters.
(b) In addition, two (2) matters are pending, as indictments are being prepared to charge suspects who are still alive. An additional two (2) matters, post the re-opening of inquests, have been identified where the NPA is considering possible decisions to prosecute.
(b)Establishing whether a suspect is still alive or not, form part of the investigation phase. Suspects are approached during the investigation, to obtain warning statements. This is informed by the evidence collated by an investigator. As such, NPA cannot, at this stage, advise as to which living suspects may be prosecuted.
(c) The purpose of all investigations is to ascertain whether a crime, which has not yet prescribed, was committed. If it has been established that there is enough evidence to charge a suspect, that person/s will be prosecuted. This decision can only be made once investigation is finalised. Those matters that are on the criminal court roll, are cases where it has been established that there are living suspects who must be charged.
2(a) The TRC Component is not in possession of a definitive list of cases that were transferred from the TRC. Fifty-nine (59) matters were identified by the Priority Crimes Litigation Unit (PCLU) by extracting the matters from the TRC Final Report.
2(b) and (c) Identification of additional matters from recommendations made in the TRC Final Report is an ongoing process. Currently the total number of identified cases is one hundred and fifty-eight (158). Twenty-one (21) matters have been finalised. This include the overturning of four re-opened inquests into deaths of detainees and a conviction of murder where the accused was sentenced to ten years direct imprisonment. One hundred and thirty-seven (137) matters are still under investigation. This includes re-opened inquests and inquests where the appointment of a Judge is awaited to preside over the matter and eight (8) matters which are presently on the criminal court roll. As indicated above a complete list of cases was not transferred to the NPA. The NPA is therefore not in a position to answer who received a definitive list of cases.
30 April 2024 - NW118
Malatsi, Mr MS to ask the Minister of Justice and Correctional Services
(a) What is the breakdown of the costs for each line item of the Republic’s litigation in the South Africa vs Israel case at the International Court of Justice and (b) from which departmental budgets were the funds sourced?
Reply:
(a) Three government Departments namely, the Presidency, International Relations and Cooperation and Justice and Constitutional Development had legal representation for the ICJ case argued on 11 and 12 January 2024.
I am only able to respond with regard to the Counsel and costs falling under the Department I am responsible for.
The Department of Justice and Constitutional Development briefed three legal practitioners / counsel - a senior and 2 juniors who acted on a pro bono basis for the application and hearing on 11 and 12 January 2024.
The costs in respect of travel for:
- Legal team is R277 083.
- Minister is R443 442.
- State Officials is R1025 359, (this includes the VIP Protector who is employed by SAPS, so considered an official)
The total costs for accommodation:
- Legal team is R73 420.
- Minister is R43 999.
- State Officials is R58 115. (this includes the VIP Protector who is employed by SAPS, so considered an official)
Subsistence Allowance for Minister & Officials
- R34 080,42
(b) The above funds were sourced from the Department of Justice and Constitutional Development.
25 April 2024 - NW748
Manyi, Mr M to ask the Minister of Justice and Correctional Services
Whether his department intends amending the Special Investigating Unit proclamation to enable the investigation of alleged fraudulent degrees conferred by the University of Fort Hare; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
a) The Special Investigating Unit submitted a motivation to amend the scope of Proclamation R84 OF 2022 to the Department of Justice and Correctional Services on 7 July 2023. The Department of Justice and Correctional Services is processing the motivation.
b) The motivation relates to allegations of maladministration in the affairs of the University of Fort Hare in the awarding of degrees, among others.
23 April 2024 - NW813
Herron, Mr BN to ask the Minister of Justice and Correctional Services
(1) Whether, with reference to his reply to question 226 on 15 March 2024, and in particular, subsection (1), he has established the reasons that the National Prosecuting Authority (NPA) failed to prosecute the cases referred for prosecution by the Truth and Reconciliation Commission (TRC); if not, why not; if so, what are the relevant details; (2) whether he requested the President of the Republic, Mr M C Ramaphosa, to establish a commission of inquiry, as recommended by the Ntsebeza report, which refers to the establishment of an independent commission of inquiry under either section 84(2)(f) of the Constitution of the Republic of South Africa, 1996, or the Commissions Act, Act 8 of 1947, to investigate the extent of, and rationale behind, the political interference with the NPA during the period 2003 until 2017; if not, why not; if so, what are the relevant details; (3) whether the alleged political interference with the NPA, referred to in the Rodrigues judgment and the Ntsebeza report, has been referred to the SA Police Service (SAPS) and/or the Directorate for Priority Crime Investigation (DPCI) for investigation, in order for a determination to be made under section 41(1) of the National Prosecuting Authority (NPA) Act, Act 32 of 1998; if not, why not; if so, what are the relevant details; (4) whether, if the alleged political interference in the decision to prosecute TRC cases had not been referred to the SAPS and/or DPCI for investigation, the NPA has been able to determine if there has been a violation of sections 32(1)(b) read together with 41(1) of the NPA Act; if not, why not; if so, (a) has there been a decision to prosecute and (b) what are the relevant details? NW991E
Reply:
1. The National Prosecuting Authority (NPA) did not fail to prosecute cases emanating from the Truth and Reconciliation Commission (TRC). In fact, a total of nine Priority Crimes Litigation Unit (PCLU) prosecutions were noted between 2003 and 2017. An additional six seminal TRC cases were subsequently enrolled by the NPA.
2. The decision to appoint Adv Ntsebeza, Senior Counsel was taken by the NPA leadership in line with the Roderigues judgment. His mandate was to review the measures that the NPA had adopted to deal with the TRC matters, and assess whether they were adequate, if they were found not to be, to make recommendations to strengthen them. However, in the process of review, said Senior Counsel had reason to believe that there was information that would amount to a violation of Section 41(1) of the NPA Act, 32 of 1998.
Adv Ntsebeza, SC, was however unable, due to “lack of an investigative arm”, to make a recommendation in respect of an investigation in terms of section 41(1) of the NPA Act, 32 of 1998. Instead, he recommended a commission of inquiry to allow implicated individuals to be given a platform to respond to the grave allegations against them.
3. A determination on whether there was a violation of section 32(1)(b) read with section 41(1) of the NPA Act has not been made as of yet. Such can only be made once the allegations have been properly canvassed by either a Commission of Enquiry, or a criminal investigation conducted by the SAPS or the DPCI.
4. The Minister is still considering all the options with regards to the recommendations for Commission of Inquiry.
23 April 2024 - NW851
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
What total number of case dockets presented for criminal prosecution from 1 June 2019 to date have (a) not been enrolled (b) been struck off the roll (c) had charges withdrawn (d) prosecution stopped and (e) section 174 applications brought and succeeded due to the (i) inefficiencies of the members of the SA Police Service (SAPS), which includes, but is not limited to dockets not in court, lost or stolen dockets, investigations being incomplete, forensic reports outstanding, accused not brought to court and witnesses not subpoenaed, (ii) mishandling of the case by the members of the SAPS, (iii) contamination of evidence and (iv) incompetence?
Reply:
Case dockets presented for criminal prosecution to the National Prosecuting Authority are screened before enrolment. In accordance with the Directives in Part 4 of the NPA Policy Directives, a case must only be placed on the roll if there is evidence under oath or affirmation that establishes the elements of an offence and links the identified suspect to it. The National Prosecuting Authority does not keep data on reasons for the cases not enrolled, cases withdrawn, struck of the roll, stopping of the prosecution or applications brought in terms of section 174 of the Criminal Procedure Act, Act 51 of 1977. The NPA is therefore not able to provide numbers of the aforementioned linked to the (i) inefficiencies of the members of the SA Police Service (SAPS), which includes, but is not limited to dockets not in court, lost or stolen dockets, investigations being incomplete, forensic reports outstanding, accused not brought to court and witnesses not subpoenaed, (ii) mishandling of the case by the members of the SAPS, (iii) contamination of evidence and (iv) incompetence.
It must be noted that the NPA, at various local fora ensures that dockets are timeously presented to the prosecution before cases are to appear in court, addresses any case dockets that may be lost or stolen, follows up on forensic reports outstanding and addresses any other factors that may impact on the effective and efficient prosecution of any criminal case on the court rolls. When any factor appears to be recurring, it will either be escalated either to the management structures of the SAPS or be discussed with stakeholders at the Local Case Flow Management meetings during ad hoc meetings. Should any of the constraints not be satisfactorily resolved, it will be escalated to the District or Regional Efficiency Enhancement Committee meetings, which are chaired by the Judiciary.
It should be noted that the NPA is committed to deal with all cases in an efficient and effective way and prosecutors do their best to treat each case with proper care and diligence.
16 April 2024 - NW620
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
(1)With reference to the Special Investigating Unit (SIU) investigation into the breach of procurement processes for personal protective equipment (PPE) in his department, what (a) additional oversight mechanisms are being considered and/or implemented to strengthen his department’s procurement processes and (b) measures has his department put in place to ensure transparency, fairness and competitiveness in future procurement processes; (2) What is the current status of the recovery efforts for the funds lost due to the unauthorised, irregular, fruitless and wasteful expenditure identified by the SIU in its investigation into the non-compliance with procurement processes for the PPE; (3) What steps has his department taken to (a) address the systemic issues that allowed such a significant breach of procurement policies and (b) prevent a recurrence of such events?
Reply:
(1)(a) Department of Correctional Services (DCS) developed a departmental control committee to ensure that procurement to the value of R1 million is approved by the committee. The terms of reference are to ensure daily oversight on procurement transactions, with focus on procurement wherein bidding processes are not followed.
(1)(b) DCS reports all procurement processes through National Treasury and furthermore the procurement manual including delegation has been revised to ensure fairness and competitiveness.
(2) With reference to the Special Investigating Unit (SIU) investigation, it was found that there was a breach in procurement processes with disciplinary referrals due to non- compliance. However the services were rendered and paid for, therefore no recovery efforts were recommended by the SIU.
(3) DCS has revised the procurement policies and standard operating procedures to strengthen systematic issues to ensure the segregation of duties in the procurement environment.
END.
16 April 2024 - NW29
Mkhwebane, Adv BJ to ask the Minister of Justice and Correctional Services
What (a) are the reasons for the delay in gazetting the Code of Conduct for Legal Practitioners, (b) steps has he taken to (i) expedite the gazetting process and (ii) ensure its timely implementation and (c) measures have been put in place to mitigate the effects of the delay on the transformation of the legal profession?
Reply:
The Code of Conduct for Legal Practitioners referred to by the Honorable Member has been published by the Legal Practice Council on the 29 March 2019 (Government Gazette No 42364 of 29 March 2019) and is available on the website (www.lpc.org.za) of the Legal Practice Council.
09 April 2024 - NW182
Engelbrecht, Mr J to ask the Minister of Justice and Correctional Services
(1)What were the offences committed by each of the 16 472 inmates who were released from prison in terms of the special remission programme; (2) whether the inmates who have reoffended will be required to continue serving their original sentence as a result of (a) being arrested, (b) charged and (c) found guilty of another offence; if not, why not; if so, what are the relevant details?
Reply:
1. Information on crimes committed by each offender released in terms of the special remission programme is attached as Annexure 1, it should however be noted that subsequent to verification a total of 16 074 offenders were released and not 16 472 as stated in question.
(2)(a) A total of 13 504 offenders were unconditionally released as they had reached their sentence expiry date upon granting of special remission. A total of 2 570 offenders were released into the supervision of Community Corrections in order to continue serving their sentences as parolees. It has been found that 04 parolees who are monitored under the community corrections system have been re-arrested for allegedly committing crimes for house breaking, assault (2) and absconding
(2)(b) Parolees who are re-arrested for allegedly committing crimes have been re-admitted and will go through court processes and may be required to serve the remaining part of his original sentence based on merits.
(2)(c) Offenders whom are found guilty of criminal offences will have to serve their sentences as imposed by courts and their sentences will be recalculated to cater for previous unexpired sentence/s. Offenders may therefore be required to serve the remaining part of their sentence including the sentence of further charge.
END
05 April 2024 - NW248
Horn, Mr W to ask the Minister of Justice and Correctional Services
What (a) progress has been made with the implementation of the Master’s Turnaround Strategy since its adoption in 2023 and (b) are the relevant details of the backlog faced by the Master’s Offices as at 31 December 2023?
Reply:
On 24 November 2024, the Master of the High Court committed to implementing immediate/short-term interventions as part of the Master’s turn-around strategy. The progress and the implementation thereof is reported as follows:
a) Intervention 1: The roll-out of the Deceased Estates Online system nationally by January 2024.
This intervention is assisting the Masters in addressing challenges of long queues, long turn-around times in issuing appointment letters and it enables practitioners as well as members of the public to lodge deceased estates online and to book appointments online to visit the Masters’ offices at a date and time of their choosing. Masters and ICT have successfully completed the roll-out of the system on 14 December 2023 in all Masters’ offices as well as service points. As at 21 February 2024, 2926 applications were lodged on the online system. The 2926 applications are explained in detail as follows:
CASE STATUS |
NUMBER OF CASES |
Total number of Applications |
2926 |
Incomplete (awaiting client/attorney finalisation and submission) |
217 |
Awaiting DHA validations (failed DHA validations) |
1 |
Rework Requested (awaiting client/attorney corrections) |
429 |
Screen Application and awaiting Masters’ approval |
408 |
Will lodgement (awaiting original will lodgement at Masters) |
39 |
Cases Registered (completed and letters issued) |
1832 |
b) Intervention 2: Increased visibility and education on the Deceased Estates online functionalities and other Masters’ services – The Department has developed and published training videos on the Masters’ portal, YouTube and on the DOJ & CD Facebook platform on 29 January 2024. The videos can be accessed by practitioners and members of the public to assist them in lodging deceased estates applications, booking appointments online and tracking the status of their applications.
c) Intervention 3: Increased engagements with the legal fraternity and provision of training of online platforms as requested by the Law Society of South Africa - On 23 January 2024, a training webinar was hosted by Office of the Chief Master to train stakeholders practising in deceased estates on the use of the new online system, provide them with further updates on future developments and to give them a platform to raise any issues they may have with the Masters’ services. The initial intention was to engage only legal practitioners however, members of FISA, BASA, CIBA and SAICA participated in the webinar. 2308 legal practitioners, fiduciary professionals and accountants were trained in the webinar.
a) What are the relevant details of the backlog faced by the Master’s Offices as at 31 December 2023?
The backlog in the Masters office consists of backlog in Guardian’s funds applications, Trust matters and the issuing of appointments in deceased estate matters. As at 31 December 2023, the backlog was 13851 matters; 935 (6.75%) of backlog matters have been cleared and offices are working on clearing the rest of the backlog. The Masters are still plagued by several challenges including but not limited to, systems downtime, load shedding and a high vacancy rate in the midst of costs containment measures, thus finding themselves juggling between reaching increased APP targets, assisting clients as well as dealing with the omnipresent and inevitable increasing backlog.
05 April 2024 - NW584
Engelbrecht, Mr J to ask the Minister of Justice and Correctional Services
(1) What (a) is the total number of chickens that died before being sent to the abattoir during the week of 26 February 2024 to 1 March 2024 at the animal production farm of the Drankenstein Correctional Facility, (b) are the detailed reasons leading to the death of the chickens and (c) is the (i) total number of people currently employed in the abattoirs and (ii) breakdown of the number of persons who have the knowledge and experience with meat inspection; (2) whether his department procured the services of a private company to do meat inspections; if not, why not; if so, (a) what total amount did it cost his department and (b) on what date did his department procure the services; (3) what does it cost to feed a chicken from day-old to slaughter at the animal production farm of the Drankenstein Correctional Facility?
Reply:
(1)(a) According to the service level standards, chickens may be slaughtered from forty-two (42) days of which none of the chickens that died during the mentioned period had reached 42 days. It should be noted however that a total of five thousand seven hundred and sixty nine (5769) chickens twenty-eights (28) days old, died during the week of 26 February 2024 to 1 March 2024 at the animal production farm of the Drankenstein Correctional Centre, the breakdown is as follows:
- 26 February 2024 – twelve (12)
- 27 February 2024 – twelve (12)
- 28 February 2024 – Twenty-one (21)
- 29 February 2024 – Five thousand seven hundred and one (5701)
- 01 March 2024 – Twenty-three (23)
(1)(b) The mortalities of 26-28 February 2024 are within the acceptable norm of broiler projects. The mortalities of 29 February 2024 were due to extremely hot weather which was reported to be forty-three (43) degrees in Paarl. The situation was aggravated by an unplanned water down which affected the broiler houses’ cooling system due to maintenance by a service provider for a period of approximately five (05) hours. It is important to mention that the service provider was appointed by Department of Public Works and Infrastructure.
(1)(c)(i) A total of seven (07) officials are currently employed in the abattoirs.
(1)(c)(ii) A total four (04) officials with Poultry Meat examination accreditation are currently working at the abattoir.
(2) Yes, the department procured the services of a private company to do meat inspections.
(2)(a) The Independent Meat Inspector 12 Month Contract is at a cost of R600 000 and the meat examiner month to month contract is at a cost of R45 000 per month.
(2)(b) The contract for the Meat inspector started on 01 July 2024 and will end on 30 June 2024. The meat examiner services have been provided on a month to month basis starting September 2023.
(3) Average cost to feed a chicken from day-old to slaughter is R35.93 per chicken.
It should be noted that the Department of Correctional Services implements policies in line with the Agriculture Service Level Standards, which are informed by industry norms and standards, Bio-security plan and Meat Safety Act, which is applicable to all abattoirs.
END
05 April 2024 - NW456
Bergman, Mr D to ask the Minister of Justice and Correctional Services
(1) What is the (a) total number of prosecutors from the National Prosecuting Authority who work on the cases of the National Lottery Commission (NLC) and (b) time period that the same prosecutors have been allocated to the NLC cases. (2) what (a) total number of cases (i) have been handed to each prosecutor, (ii) has each prosecutor decided to prosecute and (iii) that have been prosecuted have been finalised with an outcome and (b) were the outcomes in each case?
Reply:
I have received the following response from the National Prosecuting Authority:
1. (a) Initially one prosecutor was allocated the matters. An additional prosecutor was subsequently tasked to assist, as the workload increased. Prosecutorial resources are reviewed regularly to manage the increasing workload.
(b) The cases involving the NLC were assigned to the initial prosecutor in the latter part of 2020.
2. (a)There are a total of 11 NLC cases that were received from the SIU, one of which is an enquiry.
(i) The two prosecutors assigned to attend to these matters are handling them with a holistic approach and regard it as one big project. The 11 matters are therefore jointly allocated to the two prosecutors.
(ii) The SIU referrals to the NPA do not constitute a fully investigated criminal case that would enable the prosecution to immediately decide on a matter and make an informed decision. Such matters have been referred to the DPCI, who is mandated to conduct the necessary outstanding investigations that have been identified by the prosecution. All 11 matters are still under investigation and the prosecution team is awaiting the DPCI to finalise the investigations that would include forensic reports and further statements to be obtained. Only then will the NPA be able to make an informed decision whether or not to institute a prosecution.
(iii) No prosecutions have been instituted at present, please see the response in 2(a)(ii) above. This also applies to question 2(b).
05 April 2024 - NW455
Bergman, Mr D to ask the Minister of Justice and Correctional Services
(1) What (a) is the name of the National Prosecuting Authority prosecutor who was given a National Lottery Commission dossier in 2020 containing details of four grants that were given to questionable nonprofit organisations, (b) total number of the four cases did the prosecutor decide to prosecute and (c) were the outcomes of the prosecutions. (2) whether there was a decision not to prosecute; if not, what is the position in this regard; if so, what are the relevant detailed reasons (a) for which such a decision was made, (b) that there has been no outcome of the prosecution and (c) for such a delay?
Reply:
I have received the following response from the National Prosecuting Authority:
1 (a) It is confirmed that experienced prosecutors are assigned to manage all cases emanating from the National Lottery Commission. As a matter of policy, the NPA does not divulge the name of prosecutors assigned to cases, particularly during the investigation stage.
(b) There are 11 NLC - SIU referrals that are being dealt with by the prosecutors. All 11 matters are still under investigation and the prosecution team is awaiting the DPCI to finalise outstanding investigations e.g. forensic report and further statements to be obtained. Some matters, not from the 11 referred to above were closed due to duplication and merged to existing ones. Other matters were closed due to lack of sufficient evidence. It is not clear which four matters the question relates to. Perhaps if the names of the Non-Profit Organisation (NPO) and/or the name of an individual linked to an NPO was provided would we be in a position to properly respond to the question.
(c) No prosecutions have been instituted at present, please see response in (b) above.
2. There is no final decision taken on the 11 matters referred to above and the reason for the delay is the finalisation of outstanding investigations. Processes are underway by the DPCI to appoint forensic auditors to compile flow of funds analysis and forensic reports in respect of certain investigations.
05 April 2024 - NW225
Nqola, Mr X to ask the Minister of Justice and Correctional Services
(1) What progress has been made in turning around and addressing the challenges at the offices of the Master of the High Court to date; (2) what is the progress regarding the piloting of the online registration system?
Reply:
On 24 November 2024, the Master of the High Court committed to implementing immediate/short-term interventions as part of the Master’s turn-around strategy. The progress and the implementation thereof is reported as follows:
a) Intervention 1: The roll-out of the Deceased Estates Online system nationally by January 2024.
b) This intervention is assisting the Masters in addressing challenges of long queues, long turn-around times in issuing appointment letters and it enables practitioners as well as members of the public to lodge deceased estates online and to book appointments online to visit the Masters’ offices at a date and time of their choosing. Masters and ICT have successfully completed the roll-out of the system on 14 December 2023 in all Masters’ offices as well as service points. As at 21 February 2024, 2926 applications were lodged on the online system. The 2926 applications are explained in detail as follows:
CASE STATUS |
NUMBER OF CASES |
Total number of Applications |
2926 |
Incomplete (awaiting client/attorney finalisation and submission) |
217 |
Awaiting DHA validations (failed DHA validations) |
1 |
Rework Requested (awaiting client/attorney corrections) |
429 |
Screen Application and awaiting Masters’ approval |
408 |
Will lodgement (awaiting original will lodgement at Masters) |
39 |
Cases Registered (completed and letters issued) |
1832 |
c) Intervention 2: Increased visibility and education on the Deceased Estates online functionalities and other Masters’ services – The Department has developed and published training videos on the Masters’ portal, YouTube and on the DOJ & CD Facebook platform on 29 January 2024. The videos can be accessed by practitioners and members of the public to assist them in lodging deceased estates applications, booking appointments online and tracking the status of their applications.
d) Intervention 3: Increased engagements with the legal fraternity and provision of training on online platforms as requested by the Law Society of South Africa - On 23 January 2024, a training webinar was hosted by the Office of the Chief Master to train stakeholders practising in deceased estates on the use of the new online system, provide them with further updates on future developments and to give them a platform to raise any issues they may have with the Masters’ services. The initial intention was to engage only legal practitioners however, members of FISA, BASA, CIBA and SAICA participated in the webinar. 2308 legal practitioners, fiduciary professionals and accountants were trained in the webinar.
(2) what is the progress regarding the piloting of the online registration system?
The target on the Masters’ APP 2023/2024 was to roll-out the deceased estates online registration system in three (3) Masters’ offices by 31 March 2024 however, it is with delight that we can report that this system has been implemented in all 16 Masters’ offices on 14 December 2023. The expedited implementation was in a bid to improve service delivery as well as access to the Masters’ services and alleviate the challenges experienced by clients having to physically visit the offices. All clients across the country can now report deceased estates in the comfort of their homes. The Masters have seen a marked reduction in queues. Further, clients who are not tech savvy or who do not have access to technology have been assisted to lodge estates online by the Masters with the use of staff-assisted and self-service kiosks.
27 March 2024 - NW585
Engelbrecht, Mr J to ask the Minister of Justice and Correctional Services
Whether he has considered granting medical parole for inmate Mathys Johannes Cloete, number 215767450, detained at Zonderwater Correctional Centre; if not, why not; if so, what are the relevant details?
Reply:
The medical parole application of the mentioned offender was presented to the Medical Parole Advisory Board (MPAB) on 30 November 2023 and the application was not recommended based on his clinical state and current investigations which will allow for future treatment.
27 March 2024 - NW602
Faber, Mr WF to ask the Minister of Justice and Correctional Services
With reference to his reply to question 185 on 7 March 2023, what are the details of the (a) make, (b) model, (c) year of manufacture, (d) date of purchase and (e) purchase price paid for each vehicle purchased by his department for (i) him and (ii) each Deputy Minister since 8 May 2019?
Reply:
(i) The official vehicles for the Minister of Justice and Correctional Services are purchased and managed by Department of Justice and Constitutional Development.
(ii) The Department of Correctional Services manages official vehicles for the Deputy Minister of Justice and Correctional Services responsible for Correctional Services. The details of official vehicles purchased for the Deputy Minister since 08 May 2019 are as follows:
(a)(ii) Make |
(b)(ii) Model |
(c)(ii) Year of manufacture |
(d)(ii) Date of purchase |
(e)(ii) Purchase price |
Toyota |
Fortuner 2.8d 4x4 |
2019 |
2019/09/02 |
R606 588.20 |
Ford |
Everest XLT 2.0d 4x4 |
2019 |
2019/09/02 |
R 606 539.90 |
Toyota |
Fortuner 2.8 GD6 4x4 |
2023 |
2023/10/18 |
R 763 619.55 |
Toyota |
Fortuner 2.8 GD6 4x4 |
2023 |
2023/11/22 |
R 763 619.55 |
END
27 March 2024 - NW181
Engelbrecht, Mr J to ask the Minister of Justice and Correctional Services
(1)What (a) total number of inmates who were released in terms of the special remission programme have reoffended since 27 October 2023 and (b) offences were committed by each offender; (2) whether the specified inmates have been readmitted to correctional facilities; if not, why not; if so, what are the relevant details?
Reply:
1. (a) A total of 326 offenders were released from 27 October 2023 to 02 November 2023 which is the project end date. Of the 326 offenders released, 02 offenders reoffended.
1. (b) Crimes committed by each offender are as follows:
No. |
Offences Committed |
House breaking with intention to steal and Theft |
|
Assault |
2. Details of Inmates readmitted to Correctional Centres as follows:
Readmission Date |
Correctional Centres |
01 November 2023 |
Empangeni Remand Detention Facility |
02 November 2023 |
Jansenville |
END
25 March 2024 - NW385
Mthethwa, Mr E to ask the Minister of Justice and Correctional Services
(1)With reference to his reply to question 4137 on 5 January 2024, wherein he requested the details of the case that has been postponed more than 75 times, which has been confirmed as Case: T1619/2021 D928865, what reasons led to the specified case to be postponed for multiple times; (2) what is the total cost of the specified postponements to date; (3) what steps has his department taken (a) to mitigate against these undetectable contributors to the wasteful expenditure by the courts and (b) against officials who allegedly simply report to work to postpone cases for errors committed by the State?
Reply:
1 The reasons for postponements are the following:
- The case referred to above is the State v Johannes Mmola and four others as evidenced in Rabie Ridge CAS 106/05/2021 where the accused are charged with murder and malicious damage to property. According to courts records, the case was postponed 59 times not 75 times. Please see the attached annexure A.
- The record of the court proceedings was painstakingly scrutinized by the Chief Prosecutor, East Rand and the majority of the postponements were as a result of absent legal representatives or the changing of legal representatives
- After various remands for address verification and the sorting out of legal representation for the accused, the bail application commenced on 06 July 2021. Various other remands occurred during the course of attending to the bail application.
- On 08 September 2021 the bail application proceeded where the investigating officer gave evidence in opposition to bail being granted. Bail was denied on 22 September 2021 for the first four applicants and the matter was postponed for further investigations. The matter was eventually remanded to 11 October 2021 for the post-mortem report and photo album.
- On 08 November 2021, Adv Mudau came on record, handing in a legal brief from Mgiba Noxolo Incorporated. Only accused 5 was at court and the matter was remanded to 12 November 2021 for the other accused’s presence and for Adv Mudau to hand documents to the prosecutor with the intention to apply for bail on new facts.
- Following various postponements, the application for bail on new facts for accused 4 was refused on 10 February 2022. Adv Mudau appeared for accused 2-5. The court allowed for a final remand for further investigations to 28 April 2022.
- On 28 April 2022, Adv Mudau indicated his intent to bring an application on new facts for accused 5 who was absent as he was hospitalised. The court was then informed on 05 May 2022 that accused 5 had passed away and the case was postponed to 23 June 2022 for the death certificate and instructions from the Director of Public Prosecutions (DPP). On 23 June 2022, the case was transferred to the Tembisa Regional Court for 27 June 2022 under case number TRC228/2022.
- On 14 July 2022, Adv Mudau informed the court that he had not received financial instructions and the family of the accused requested a postponement until 29 July 2022 to raise the funds.
- Adv Mudau was absent on three subsequent court appearances whereupon the accused decided on 12 August 2022 to apply for legal aid on 12 August 2022.
- Various postponements occurred in relation to the sorting out of legal representation. On 21 November 2022 it was confirmed that Ms Ledwaba will represent accused 3 and Judicare will be appointed to represent accused 1 and 4. Case was postponed to 08 December 2022 for this purpose. On 14 December 2022 and 16 January 2023, the matter was again postponed for the appointment of Judicare attorneys.
- The court was eventually able to postpone the case till 07 March 2023 for disclosure purposes. On 07 March 2023, the matter was set down for trial at the Tembisa Regional Court for 25 May 2023.
- On this day, the legal representative for accused 2 was not available as he was attending an urgent bail application in the High Court.
- The matter was subsequently postponed to 11 September 2023 for trial. All within the control of the prosecution will be done to ensure that the matter proceed on 11 September 2023.
- On 11 September 2023, the accused pleaded not guilty to the charges preferred against them.
- On the same day, the first state witness, who suffers from a kidney disease, collapsed whilst in court and was rushed to hospital. The matter was rolled over to 12 September 2023 to potentially proceed with the matter, should this witness be available.
- On 12 September 2023, the witness was still indisposed. The matter was postponed to 27 October 2023. On this date, the evidence in chief of the first state witness was concluded and the legal representative of Accused 1 started with cross-examination which was not finalised on 27 October 2023.
- The matter was postponed to 16 January 2024 for continuation of the cross-examination of the first state witness.
- On 16 January 2023, the third legal representative commenced with cross-examination of the first state witness. At this time, the witness requested a postponement due to ill health and having to be hospitalised.
- The case was postponed to 08 July 2024 for the continuation of the cross-examination of the first witness.
2. The costs of individual criminal cases are not quantified. The cost of each case is part of the operational costs to run the Courts on a daily basis. The National Prosecuting Authority takes the management of court time seriously, and where prosecutors are guilty of misconduct in causing a case to be postponed unnecessarily, disciplinary/ remedial actions are taken. The only costs that the department incurred is R560.00 that relates to travelling expenses of the witness.
3. (a) Reply to question 1 provide various reasons for postponements. The question raised relating to consequence management does not have regard to the multifarious reasons for postponements which would have been granted by the Presiding Officers. The majority of postponements were not fruitless and wasteful expenditure and thus consequence management is not appropriate for any Legal Aid SA Official save for the double briefing by our Judicare Practitioner, Adv Mhlari, on 23 May 2023, which will be raised with the practitioner for consequence management in accordance with the Legal Aid SA ‘s Judicare accreditation terms and conditions.Save for the few occasions when the State applied for postponements for justified further investigation, the State has always been available and prepared to proceed, but due to external contributing factors, as set out above, the matter was postponed.
(b) From the record of proceedings and information supplied by the prosecutor, there is no indication of any undue delays occasioned by the State.
END
25 March 2024 - NW270
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
(1)In light of the recent mass resignations and suspensions following the report of the Department of Correctional Services on the investigation into the escape of Mr Thabo Bester from the Mangaung Correctional Centre (MCC) in May 2022, (a) what impact will this have on the ability of the Mangaung Correctional Centre (MCC) facility to operate as a centre for correctional services and (b) do the specified resignations involve critical staff who may now leave the institution open to security threats; (2) whether there is a plan to recruit replacement staff within a period of 60 days to fill all vacancies; if not, why not; if so what are the relevant details?
Reply:
(1)(a) The resignations have not impacted operations as the Contractor has built-in a capacity to train more that required security staff for any disturbance that may arise at the Centre.
(1)(b) The affected staff was from security the Contractor has accordingly trained enough staff for security functions and it is therefore easy to replace the resigned and dismissed staff.
(2) The current available plan is designed to replace the resigned and dismissed staff within a period of a month (30 days). There are people who underwent security training and were vetted by the authorised institution as well as DCS Training Standards. The trained officials await vacancies that may arise from the Centre as and when they arise, details of these individuals are provided to DCS for certification, it is only after certification has been granted by DCS that the Contractor appoints the individuals.
END
25 March 2024 - NW254
Herron, Mr BN to ask the Minister of Justice and Correctional Services
Whether, given that Adv Shamila Batohi, the National Director of Public Prosecutions, made a presentation to Parliament on 1 June 2022, explaining that progress on the National Prosecuting Authority’s Truth and Reconciliation (TRC) Commission investigations are monitored and divided into three categories (details furnished), he will furnish Mr B N Herron with an overview of the progress of the specified cases, in relation to the total number of cases carried by each of the TRC's 10 divisions (details furnished); if not, why not; if so, what are the relevant details;
Reply:
1. For ease of reference firstly find an updated summary of the total number of matters under investigation as at January 2024.
DIVISION |
TOTAL MATTERS UNDER INVESTIGATION |
DPP: WC |
11 |
DPP: FS |
3 |
DPP: MTHATHA |
10 |
DPP: EC |
12 |
DPP: NW |
11 |
DPP: KZN |
27 |
DPP: MPUMALANGA |
8 |
DPP: NC |
5 |
DPP: JHB |
23 |
DPP: PTA |
14 |
DPP: LMP |
13 |
UNKNOWN DPPS/JURISDICTION |
|
TOTAL |
137 |
(2) Herewith the total number of cases carried by each of the divisions at the following phases:
(a) Phase A (0-33%) – available evidence, locating or compiling of docket, inquest reports, witness statements, detainee statements, location of SAPS 14 or Mortuary reports etc.
(b) Phase B (34-65%)- Expert reports, engagements with experts to obtain reports or to perform reconstruction of scenes.
(c) Phase C (66-100%) – Stages nearing completion of investigations and /or decision making based on evidence and expert reports.
NO |
DIVISION |
A |
B |
C |
Total |
1 |
WC |
2 |
0 |
9 |
11 |
2 |
FS |
0 |
0 |
3 |
3 |
3 |
MTHATHA |
1 |
0 |
9 |
10 |
4 |
MKHANDA |
6 |
0 |
6 |
12 |
5 |
NW |
6 |
0 |
5 |
11 |
6 |
KZN |
16 |
2 |
9 |
27 |
7 |
MP |
6 |
0 |
2 |
8 |
8 |
NC |
4 |
0 |
1 |
5 |
9 |
JHB |
21 |
0 |
2 |
23 |
10 |
PTA |
8 |
0 |
6 |
14 |
11 |
LMP |
12 |
0 |
1 |
13 |
137 |
25 March 2024 - NW183
Engelbrecht, Mr J to ask the Minister of Justice and Correctional Services
(1)With regard to the 16 472 inmates who were released in terms of the special remission programme, what total number of the inmates completed (a) rehabilitation and (b) re-integration programmes; (2) What total number of the released inmates who have reoffended completed (a) rehabilitation and (b) re-integration programmes; (3) Whether he has found that the rehabilitation and re-integration programmes are effective and sufficient to prevent reoffending; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
(1)(a) The total number of inmates completed (a) rehabilitation programmes are 7912.
(1)(b) The total number of inmates completed (a) re-integration programmes are 11697.
(2)(a) Total number of the released inmates who have reoffended completed rehabilitation programmes are 382.
(2)(b) Total number of the released inmates who have reoffended completed re-integration programmes are 51.
(3) Yes, the rehabilitation and re-integration programmes are effective and sufficient to prevent re-offending. Out of the total number of 16 472 inmates who were released on the special remission programme only 433 has re-offended as on 29 February 2024.
END.
20 March 2024 - NW229
Mkhwebane, Adv BJ 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
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 - NW341
Faber, Mr WF to ask the Minister of Justice and Correctional Services
What are the full details of all (a) sponsorships, (b) donations and (c) financial transfers provided for lawfare and/or any other purposes to (i) him, (ii) his department and (iii) officials of his department by any (aa) Qatari, (bb) Iranian and/or (cc) Russian organ of state, organisation and/or resident since 1 January 2021 up to the latest date in 2024 for which information is available?
Reply:
The Department of Justice and Constitutional Development in particular the Directorate Program and Project Management as well as the Office of the CFO possess no knowledge regarding any sponsorship, donation and financial transfer provided for lawfare.
08 March 2024 - NW303
Graham-Maré, 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
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
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 - NW214
Mkhwebane, Adv BJ 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.
05 March 2024 - NW224
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.
23 February 2024 - NW9
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 - NW3873
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 - NW4137
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 - NW3163
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 - NW4006
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:
- 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 |
|
EC |
Five (05) officials were found guilty:
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:
|
WC |
|
GP |
|
Total of nineteen 19 officials found guilty subsequent to disciplinary processes. |
END
05 January 2024 - NW3796
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
Mkhwebane, Adv BJ 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 - NW4165
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
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 - NW3382
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 |
|
Vetting and Screening of all Officials |
|
Establishment of Security Committees |
|
Management of security information |
|
Mitigation of gang activities |
|
END
03 January 2024 - NW3907
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
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 - NW3595
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 - NW4044
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
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 - NW4037
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 - NW3805
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:
- 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 - NW4225
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:
- . Burnt files;
- . File covers cut;
- . Loose pages inside boxes;
- . Water-damaged files; and
- . 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.