Questions and Replies

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) –

(aa) does not own any properties, but is the user of properties of which the Department of Public Works (DPW) is the custodian;

(bb) 120 buildings are being rented at present.

b) The property valuations are done by the respective landlords and the DoJ&CD, as the tenant/user, does not keep that information.

c) If a lease expires, interim leases are run on a month to month contractual basis until such a time that DPW has concluded further final lease agreements.

d) The table below provides detailed information in response to the questions above posed by the Honourable Member:

NO.	PROVINCE	BUILDING / LAND DESCRIPTION	TOWN	PURPOSE	HOW LONG HAS EACH PROPERTY BEEN RENTED	LESSOR NAME – LANDLORD	MONTHLY RENTAL
					INITIAL OCCUPATION DATE	LEASE START	LEASE END
1	FREE-STATE	MAGISTRATE OFFICE	PAUL ROUX	OFFICE / MISCELLANEOUS BUILDING	1954/01/01	2017/07/01	2018/06/30	DIHLABENG LOCAL MUNICIPALITY	R 1 113.08
2	FREE-STATE	BATHO COURT HALL	BLOEMFONTEIN	COURT	1954/07/01	2017/06/01	2018/05/31	MANGAUNG METROPOLITAN MUNICIPALITY	R 166.96
3	FREE-STATE	FEDSURE HOUSE	BLOEMFONTEIN	OFFICE / MISCELLANEOUS BUILDING	1987/04/05	2010/11/01	2019/10/31	MENDO PROPERTIES (PTY) LTD	R 163 091.01
4	FREE-STATE	MAGISTRATE OFFICES	VILJOENSKROON	OFFICE / MISCELLANEOUS BUILDING	1960/06/01	2018/10/01	2019/09/30	ALIC GOSSAYN PTY LTD	R 39 097.96
5	FREE-STATE	SOUTHERN LIFE BUILDING	BLOEMFONTEIN	OFFICE / MISCELLANEOUS BUILDING	1994/12/01	2013/12/01	2023/10/31	ANM INVESTMENTS (PTY) LTD	R 302 054.97
6	FREE-STATE	OLD POST OFFICE	BOTHAVILLE	OFFICE / MISCELLANEOUS BUILDING	1998/07/01	2018/04/01	2019/03/31	ISMAR BELEGGINGS (EDMS) BPK	R 30 165.87
7	FREE-STATE	ROSESTAD SANLAM BUILDING	BLOEMFONTEIN	OFFICE / MISCELLANEOUS BUILDING	2003/09/01	2017/04/01	2019/03/31	MICHAEL FAMILY TRUST	R 58 283.56
8	FREE-STATE	COLONIAL BUILDING	BLOEMFONTEIN	OFFICE / MISCELLANEOUS BUILDING	2007/11/01	2018/11/01	2019/10/31	BLUE BEACON INVESTMENTS 206 PT	R 383 515.95
9	FREE-STATE	COLONIAL BUILDING	BLOEMFONTEIN	OFFICE / MISCELLANEOUS BUILDING	2009/04/01	2009/04/01	2017/10/31	BLUE BEACON INVESTMENTS 206 PT	R 32 928.76
10	FREE-STATE	WATERFALL CENTRE	BLOEMFONTEIN	OFFICE / MISCELLANEOUS BUILDING	2009/12/01	2018/06/01	2028/04/30	MAYULA PROCUREMENT AND PROPERTY	R 404 969.58
11	WESTERN CAPE	MAGISTRATES COURT	HOPEFIELD	COURT	1953/09/01	2016/05/01	2019/04/30	AMERICA MOIRINHO CC	R 20 869.22
12	WESTERN CAPE	MAGISTRATE COURT BONNIEVALE	BONNIEVALE	COURT	1975/03/01	2017/06/01	2022/05/31	LANGEBERG MUNICIPALITY	R 14 251.60
13	WESTERN CAPE	MAGISTRATE COURT	STRAND	COURT	1965/10/15	2016/01/01	2025/12/31	CITY OF CAPE TOWN	R 64 837.38
14	WESTERN CAPE	MAGISTRATES COURT	GOODWOOD	COURT	1961/09/01	2016/01/01	2025/12/31	CITY OF CAPE TOWN	R 249 548.95
15	WESTERN CAPE	MAGISTRATES COURT	PAROW	COURT	1968/10/18	2016/01/01	2025/12/31	CITY OF CAPE TOWN	R 185 152.47
16	WESTERN CAPE	BHORAT CENTRE	ATHLONE	OFFICE / MISCELLANEOUS BUILDING	1986/01/01	2018/10/01	2019/09/30	TRYMORE INVESTMENTS (50)	R 27 513.78
17	WESTERN CAPE	COMMISSIONER HOUSE	BELLVILLE	OFFICE / MISCELLANEOUS BUILDING	1997/06/01	2018/11/01	2019/10/31	JHI PROPERTIES (PTY) LTD	R 45 385.78
18	WESTERN CAPE	22 LONG STREET	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	1998/05/01	2016/04/01	2019/03/31	PHOMELLA PROPERTY INVESTMENTS	R 347 327.23
19	WESTERN CAPE	MAGISTRATES COURT	CITRUSDAL	COURT	2000/03/01	2018/05/01	2019/04/30	PACISCOR BELEGGINGS NO. 12	R 23 130.08
20	WESTERN CAPE	MAGISTRATES COURT	LAAIPLEK	COURT	1943/01/01	2018/05/01	2019/04/30	SWEMMERPARK BELEGGINGS BK	R 27 559.38
21	WESTERN CAPE	115 BUITENGRACHT STREET	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	2003/04/01	2013/05/01	2023/03/31	JHI PROPERTIES (PTY) LTD	R 1 736 487.18
22	WESTERN CAPE	ATTERBURY HOUSE	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	2004/10/01	2016/04/01	2019/03/31	RENNIE PROPERTY MANAGEMENT CAP	R 206 374.20
23	WESTERN CAPE	UNION CASTLE BUILDING	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	2004/10/01	2018/10/01	2019/09/30	BPG- INVESTEC PROP ITO SEC32	R 147 407.73
24	WESTERN CAPE	BATELEUR PARK	GEORGE	OFFICE / MISCELLANEOUS BUILDING	2006/01/01	2016/06/01	2019/05/31	KING OF STORMS PROPERTIES	R 32 140.83
25	WESTERN CAPE	PHILLIPI MAGISTRATES COURT	NYANGA	COURT	2005/06/01	2016/05/01	2019/04/30	EXCELLERATE REAL ESTATE SERVICE	R 165 971.11
26	WESTERN CAPE	COMMISSIONER HOUSE	BELLVILLE	OFFICE / MISCELLANEOUS BUILDING	2006/12/01	2018/11/01	2019/10/31	JHI PROPERTIES (PTY) LTD	R 62 971.54
27	WESTERN CAPE	67 HIGH STREET	WORCESTER	OFFICE / MISCELLANEOUS BUILDING	2008/07/01	2018/05/01	2019/04/30	HOOGSTRAAT 67 EIENDOMS TRUST	R 35 566.65
28	WESTERN CAPE	DULLAH OMAR	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	2013/05/01	2013/05/01	2021/04/30	RENNIE PROPERTY MANAGEMENT CAP	R 1 256 099.18
29	WESTERN CAPE	BUS STOP	PLETTENBERG BAY	OFFICE / MISCELLANEOUS BUILDING	2014/04/01	2016/04/01	2021/03/31	GOLDEN REWARDS 403 CC	R 9.79
30	WESTERN CAPE	112 LOOP STREET	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	2014/03/01	2014/03/01	2019/02/28	KINGS CROSS CORNER PROPERTY DE	R 113 027.88
31	WESTERN CAPE	NORTON ROSE HOUSE	CAPE TOWN	OFFICE / MISCELLANEOUS BUILDING	2018/09/01	2018/10/01	2023/09/30	RENNIE PROPERTY MANAGEMENT CAP	R 0.00
32	KWAZULU-NATAL	MARITIME HOUSE: 15 & 16 FLOORS	DURBAN	OFFICE / MISCELLANEOUS BUILDING	1992/10/15	2019/01/01	2019/12/31	BROLL PROPERTY GROUP (PTY) LTD	R 114 913.30
33	KWAZULU-NATAL	ENCR: MASONIC GROVE	DURBAN	LAND ATTACHED TO COURT	1984/10/01	1984/10/01	2083/09/30	ETHEKWINI METROPOLITAN MUNICIPALITY	R 0.83
34	KWAZULU-NATAL	ENCR: MASONIC GROVE	DURBAN	LAND ATTACHED TO COURT	1965/02/15	1965/02/01	2064/01/31	ETHEKWINI METROPOLITAN MUNICIPALITY	R 0.10
35	KWAZULU-NATAL	DELOITTE & TOUCHE HOUSE	DURBAN	OFFICE / MISCELLANEOUS BUILDING	2001/12/01	2018/08/01	2019/07/31	DELTA PROPERTY FUND LTD	R 418 747.75
36	KWAZULU-NATAL	JUSTICE BLDG	RICHARDS BAY	OFFICE / MISCELLANEOUS BUILDING	2000/12/01	2019/03/01	2020/02/29	LETIRE CC	R 95 316.59
37	KWAZULU-NATAL	OLD RAMSGATE TOWN BOARD OFFICE	RAMSGATE	OFFICE / MISCELLANEOUS BUILDING	2000/01/01	2019/01/01	2019/12/31	RAY NKONYENI LOCAL MUNICIPALITY	R 34 993.86
38	KWAZULU-NATAL	325 PIETERMARITZ STREET	PIETERMARITZ-BURG	OFFICE / MISCELLANEOUS BUILDING	2003/07/01	2018/11/01	2019/10/31	LOGOPROPS 32 (PTY) LTD	R 109 904.63
39	KWAZULU-NATAL	OLD NEDBANK BLDG	PIETERMARITZ-BURG	OFFICE / MISCELLANEOUS BUILDING	2004/04/01	2018/10/01	2019/09/30	SADDLE PATH PROPS 69 PTY LTD	R 79 785.00
40	KWAZULU-NATAL	JOHN ROSS HOUSE: 4 - 7 FLOORS	DURBAN	OFFICE / MISCELLANEOUS BUILDING	2004/10/01	2016/06/01	2019/05/31	BROLL PROPERTY MANAGEMENT	R 127 886.57
41	KWAZULU-NATAL	METROPOLITAN LIFE BLDG	DURBAN	OFFICE / MISCELLANEOUS BUILDING	2007/05/01	2019/01/01	2019/12/31	ERIS PROPERTY GROUP (PTY) LTD	R 281 420.87
42	KWAZULU-NATAL	SOUTHERN LIFE HOUSE	DURBAN	OFFICE / MISCELLANEOUS BUILDING	2007/05/01	2018/12/01	2019/11/30	DELTA PROP FUND-88 FIELD STR	R 755 822.78
43	KWAZULU-NATAL	313 PIETERMARITZ STREET	PIETREMARITZ-BURG	OFFICE / MISCELLANEOUS BUILDING	2007/08/01	2018/06/01	2019/05/31	POCLAIM PROPERTY DEVELOPMENTS	R 40 809.67
44	KWAZULU-NATAL	LIBERTY HOUSE	DURBAN	OFFICE / MISCELLANEOUS BUILDING	2011/08/01	2018/11/01	2019/10/31	INTERPARK SOUTH AFRICA(PTY)LTD	R 12 004.03
45	KWAZULU-NATAL	DELOITTE & TOUCHE HOUSE	DURBAN	OFFICE / MISCELLANEOUS BUILDING	2014/08/01	2018/08/01	2019/07/31	DELTA PROPERTY FUND LTD	R 290 696.75
46	GAUTENG	MAGISTRATE COURT	KWA TTHEMBA	COURT	2003/04/01	2007/01/01	2007/12/31	EKURHULENI METROPALITAN MUNICIPALITY	R 0.00
47	GAUTENG	MAGISTRATE COURT	SOWETO	COURT	1999/01/01	1999/01/01	2097/12/31	COJ PROPCOM COJ PORTFOLIO	R 1 842.57
48	GAUTENG	NORTH STATE BUILDING	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	1999/06/01	2010/01/01	2019/11/30	REBOSIS PROPERTY FUND LIMITED	R 734 634.21
49	GAUTENG	ARBOUR SQUARE	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	1996/09/01	2010/01/01	2019/11/30	PHOMELLA PROPERTY INVESTMENTS	R 581 594.87
50	GAUTENG	TRUST BANK CENTRE	RANDBURG	OFFICE / MISCELLANEOUS BUILDING	2004/04/01	2018/05/01	2019/04/30	FASTPULSE TRADING 406 (PTY) LT	R 105 734.70
51	GAUTENG	SCHREINER CHAMBERS	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	2004/03/01	2011/04/01	2021/02/28	ASCENSION PROPERTIES LTD	R 228 733.39
52	GAUTENG	HOLLARD HOUSE	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	2007/04/01	2008/04/01	2018/02/28	DELTA PROPERTY FUND LTD	R 695 023.92
53	GAUTENG	NEDCOR BUILDING	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	2007/10/01	2010/05/01	2020/03/31	REBOSIS PROPERTY FUND LIMITED	R 202 245.11
54	GAUTENG	MIDRAND MAGISTRATE COURT	MIDRAND	COURT	1995/12/01	1995/12/01	2094/11/30	COJ PROPCOM COJ PORTFOLIO	R 0.00
55	GAUTENG	SCHREINER CHAMBERS	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	2011/03/22	2011/04/01	2021/02/28	ASCENSION PROPERTIES LTD	R 506 403.38
56	GAUTENG	MORVEST BUILDING	MIDRAND	OFFICE / MISCELLANEOUS BUILDING	2016/05/01	2016/05/01	2021/04/30	MORVEST PROFESSIONAL SERVICES	R 674 519.55
57	GAUTENG	HILLSIDE HOUSE	JOHANNESBURG	COMMISSION OF ENQUIRY	2018/06/01	2018/06/01	2019/05/31	REDEFINE PROPERTIES LIMITED	R 134 383.70
58	GAUTENG	HILL ON EMPIRE	JOHANNESBURG	OFFICE / MISCELLANEOUS BUILDING	2018/08/01	2018/08/01	2019/07/31	TBG MEDIA DEPOSITS	R 48 960.00
59	GAUTENG	HILL ON EMPIRE AUDITORIUM	JOHANNESBURG	COMMISSION OF ENQUIRY	2018/08/01	2018/08/01	2019/07/31	TBG MEDIA DEPOSITS	R 693 000.00
60	NORTHERN CAPE	MAGISTRATES COURT	KEIMOES	COURT	1988/02/01	2017/07/01	2018/06/30	VON WIELLIGH	R 23 881.82
61	NORTHERN CAPE	OSCAR VAN WYK BUILDING	JAN KEMPDORP	OFFICE / MISCELLANEOUS BUILDING	1994/01/01	2017/07/01	2018/06/30	PHOKWANE MUNICIPALITY	R 13 401.07
62	NORTHERN CAPE	STEPS OF MAGISTRATE OFFICE	PRIESKA	LAND / ENCROUCHMENT TO THE COURT	1988/01/01	2017/07/01	2018/06/30	SIYATHEMBA MUNICIPALITY	R 20.00
63	NORTHERN CAPE	WB BUILDING	KIMBERLEY	OFFICE / MISCELLANEOUS BUILDING	2006/08/01	2016/03/01	2019/02/28	JHI PROPERTIES (PTY)LTD	R 43 221.79
64	NORTHERN CAPE	OLD FNB BUILDING	GARIES	OFFICE / MISCELLANEOUS BUILDING	2012/11/19	2016/04/01	2019/03/31	NAWAZ INVESTMENTS (PTY) LTD	R 15 857.60
65	NORTHERN CAPE	WILCON HOUSE	KIMBERLEY	OFFICE / MISCELLANEOUS BUILDING	2017/08/01	2017/08/01	2022/07/31	EXCELLERATE REAL ESTATE SERVICE	R 380 502.92
66	NORTH WEST	MAGISTRATE OFFICE	COLIGNY	OFFICE / MISCELLANEOUS BUILDING	2002/04/01	2018/07/01	2019/06/30	THE TRUSTEE	R 35 167.37
67	NORTH WEST	TLHABANE MAGISTRATE'S COURT	TLHABANE	OFFICE/ COURT	32782	43313	43677	GEPF PIC SERVICES	R 466 138.77
68	NORTH WEST	P.O. BOX 350	MAFIKENG	OFFICE / MISCELLANEOUS BUILDING	2004/11/01	2019/03/01	2022/02/28	RAZIFA INVESTMENT (PTY) LTD	R 123 186.72
69	NORTH WEST	AYOB GARDENS	MAFIKENG	OFFICE / MISCELLANEOUS BUILDING	2009/04/01	2019/03/01	2020/02/29	AH AYOB & CO	R 306 525.69
70	NORTH WEST	WHITE HOUSE	MMABATHO	OFFICE / MISCELLANEOUS BUILDING	2009/12/01	2018/08/01	2019/07/31	M I BINAZIR PROPERTY DEVELOPER	R 153 211.25
71	NORTH WEST	MEGACITY	MMABATHO	OFFICE / MISCELLANEOUS BUILDING	2015/07/01	2015/07/01	2020/06/30	COLUMBIA FALLS PROPERTIES 80	R 154 201.34
72	MPUMALA-NGA	MAGISTRATES OFFICE	GRASKOP	OFFICE / MISCELLANEOUS BUILDING	1998/04/01	2018/06/01	2019/05/31	KOENSRUST PLASE (PTY) LTD	R 93 294.63
73	MPUMALA-NGA	NEDBANK BUILDING	NELSPRUIT	OFFICE / MISCELLANEOUS BUILDING	1999/12/15	2018/04/01	2019/03/31	REDEFINE PROPERTIES LIMITED	R 203 581.52
74	MPUMALA-NGA	ABSA BUILDING	MORGENZON	OFFICE / MISCELLANEOUS BUILDING	2003/12/01	2018/07/01	2019/06/30	JASBRO TRUST	R 25 692.39
75	MPUMALA-NGA	PROSEC BUILDING	MIDDELBURG	OFFICE / MISCELLANEOUS BUILDING	2004/04/01	2018/04/01	2019/03/31	AQUARELLA INVESTMENTS 365 PTY	R 19 020.96
76	MPUMALA-NGA	CALTEX BUILDING	NELSPRUIT	OFFICE / MISCELLANEOUS BUILDING	2010/01/01	2019/01/01	2019/12/31	BRICK ON BRICK PROPERTY MANAGEMENT	R 49 924.63
77	LIMPOPO	MAY WEST BUILDING	PIETERSBURG	OFFICE / MISCELLANEOUS BUILDING	2004/02/01	2018/09/01	2019/08/31	EXCELLERATE REAL ESTATE SERVICE	R 469 044.15
78	EASTERN CAPE	DICKS BUILDING	GRAHAMSTOWN	OFFICE / MISCELLANEOUS BUILDING	1957/08/01	2018/05/01	2019/04/30	THE DICKS BUILDING	R 195 838.87
79	EASTERN CAPE	9 BATHURST STREET	GRAHAMSTOWN	OFFICE / MISCELLANEOUS BUILDING	1983/07/01	2017/05/01	2020/04/30	DARE	R 32 228.60
80	EASTERN CAPE	ERF 44 PERIODICAL COURT	KEI MOUTH	OFFICE / MISCELLANEOUS BUILDING	1997/09/01	2016/05/01	2019/04/30	J R BUSINESS TRUST	R 18 031.96
81	EASTERN CAPE	ERF 9184 KWANOBUHLE ADMIN BLDG	UITENHAGE	OFFICE / MISCELLANEOUS BUILDING	1996/01/01	2017/11/01	2022/10/31	NELSON MANDELA BAY METROPOLITAN	R 23 968.00
82	EASTERN CAPE	ALGOA HOUSE	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	1998/05/01	2018/05/01	2019/04/30	SUMMERTON RESIDENTIAL RENTALS	R 131 181.60
83	EASTERN CAPE	53 FOURTH AVENUE	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2001/03/01	2018/05/01	2019/04/30	SCHOL PROPERTY AND CONSULTING	R 52 845.29
84	EASTERN CAPE	RMO BUILDING	EAST LONDON	OFFICE / MISCELLANEOUS BUILDING	2000/05/01	2016/05/01	2019/04/30	TRANSNET PROPERTY	R 221 211.15
85	EASTERN CAPE	TOURISM BOARD BUILDING	BISHO	OFFICE / MISCELLANEOUS BUILDING	2002/10/14	2016/05/01	2019/04/30	EASTERN CAPE PARKS AND TOURISM	R 87 520.66
86	EASTERN CAPE	SANLAM PARK	EAST LONDON	OFFICE / MISCELLANEOUS BUILDING	2002/10/01	2016/05/01	2019/04/30	EXCELLERATE REAL ESTATE SERVICE	R 391 444.36
87	EASTERN CAPE	SANLAM PARK TRIBUNAL	EAST LONDON	OFFICE / MISCELLANEOUS BUILDING	2002/10/01	2018/05/01	2019/04/30	EXCELLERATE REAL ESTATE SERVICE	R 183 346.04
88	EASTERN CAPE	5 BIRD STREET	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2002/11/01	2016/05/01	2019/04/30	INVESTPRO COMMERCIAL	R 10 017.23
89	EASTERN CAPE	29 ST PETERS ROAD	EAST LONDON	OFFICE / MISCELLANEOUS BUILDING	2003/11/01	2018/05/01	2019/04/30	SLIP KNOT INVESTMENTS 777 PTY	R 43 699.53
90	EASTERN CAPE	WOOL HOUSE	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2004/07/01	2017/05/01	2020/04/30	WOOL TRUST	R 36 649.95
91	EASTERN CAPE	WOOL HOUSE	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2004/05/23	2017/05/01	2020/04/30	WOOL TRUST	R 52 983.79
92	EASTERN CAPE	1 BIRD STREET	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2005/04/01	2016/05/01	2019/04/30	INVESTPRO COMMERCIAL	R 89 086.52
93	EASTERN CAPE	FBC HOUSE	BISHO	OFFICE / MISCELLANEOUS BUILDING	2005/03/14	2014/02/01	2019/01/31	FERGUS PROPERTIES CC	R 109 067.91
94	EASTERN CAPE	WAVERLEY OFFICE PARK	EAST LONDON	OFFICE / MISCELLANEOUS BUILDING	2005/06/28	2018/05/01	2019/04/30	SLIP KNOT INVESTMENTS 777 PTY	R 517 209.22
95	EASTERN CAPE	HAYTONS BUILDING	GRAHAMSTOWN	OFFICE / MISCELLANEOUS BUILDING	2005/12/01	2016/05/01	2019/04/30	NEELSHAL PROPERTY INVESTMENTS	R 173 259.35
96	EASTERN CAPE	OLD ABSA BUILDING	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2007/04/17	2018/05/01	2019/04/30	SLIP KNOT INVESTMENTS 777 PTY	R 146 800.71
97	EASTERN CAPE	NATIONAL PROSECUTING AUTHORITY	CRADOCK	OFFICE / MISCELLANEOUS BUILDING	2012/02/01	2016/05/01	2019/04/30	DU RANDT W.J.	R 29 663.04
98	EASTERN CAPE	WOOL TRUST BUILDING	PORT ELIZABETH	OFFICE / MISCELLANEOUS BUILDING	2015/05/01	2015/05/01	2020/04/30	WOOL TRUST	R 191 953.66
99	GAUTENG	MAMELODI MAGISTRATE COURT	PRETORIA	COURT	1973/01/02	1973/01/01	2071/12/31	MAMELODI CITY COUNCIL	R 847.54
100	GAUTENG	PROVISUS	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2008/08/18	2014/06/01	2017/05/31	PREMIUM PROPERTIES LIMITED	R 31 843.09
101	GAUTENG	CHURCH SQUARE 28	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	1999/08/01	2014/06/01	2017/05/31	PREMIUM PROPERTIES LIMITED	R 458 100.22
102	GAUTENG	VGM- WEAVIND PARK	SILVERTON / PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2002/11/01	2002/10/01	2017/09/30	REBOSIS PROPERTY FUND LTD	R 2 309 218.72
103	GAUTENG	SINODALE CENTRE	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2002/11/01	2007/11/01	2017/09/30	NEW HEIGHTS 326 (PTY) LTD	R 184 906.54
104	GAUTENG	GENERAL PIET JOUBERT	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	1999/11/01	2003/11/01	2017/10/31	NEW HEIGHTS 326 (PTY) LTD	R 46 626.15
105	GAUTENG	TRAMSHED	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2003/12/01	2014/04/01	2017/03/31	ARNOLD PROPERTIES (PTY) LTD	R 89 241.60
106	GAUTENG	MOMENTUM BUILDING	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2003/12/01	2014/05/01	2017/04/30	ENCHA PROPERTY SERVICES (PTY)	R 2 879 132.38
107	GAUTENG	DIE MEENT - CENTRE WALK	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2005/08/01	2014/06/01	2017/05/31	PREMIUM PROPERTIES LIMITED	R 180 643.96
108	GAUTENG	GOVPRET	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2007/09/01	2014/06/01	2017/05/31	PREMIUM PROPERTIES LIMITED	R 488 924.06
109	GAUTENG	MAMELODI OLD FIRE STATION BUILDING	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2010/02/01	2015/06/01	2018/05/31	CITY OF TSHWANE METROPOLITAN MUNICIPALITY	R 9 106.53
110	GAUTENG	SALU BUILDING	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2010/10/01	2010/01/01	2019/12/31	REBOSIS PROPERTY FUND LIMITED	R 4 012 579.34
111	GAUTENG	SPOORAL PARK BUILDING	CENTURION / PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2011/04/01	2012/10/01	2017/09/30	ZAMBLI 216 (PTY) LTD	R 338 387.18
112	GAUTENG	INTERSITE	PRETORIA	OFFICE / MISCELLANEOUS BUILDING		2014/12/01	2015/11/30	PREMIUM PROPERTIES LIMITED	R 197 120.00
113	GAUTENG	LACARNO	PRETORIA	OFFICE / MISCELLANEOUS BUILDING	2015/06/01	2015/06/01	2017/01/31	PREMIUM PROPERTIES LIMITED	R 281 150.12
114	EASTERN CAPE	PRD 2 BUILDING	MTHATHA	OFFICE / MISCELLANEOUS BUILDING	2000/04/01	2017/12/01	2018/11/30	GEPF-PIC*SERVICES	R 35 205.68
115	EASTERN CAPE	BROADCAST HOUSE	MTHATHA	OFFICE / MISCELLANEOUS BUILDING	2002/12/01	2018/05/01	2019/04/30	JHI PROPERTIES (PTY) LTD	R 308 578.84
116	EASTERN CAPE	MAN POWER BUILDING	MTHATHA	OFFICE / MISCELLANEOUS BUILDING	2007/09/01	2018/08/01	2019/07/31	GEPF-PIC*SERVICES	R 53 196.02
117	EASTERN CAPE	BROADCAST HOUSE	MTHATHA	OFFICE / MISCELLANEOUS BUILDING	2009/04/01	2018/05/01	2019/04/30	JHI PROPERTIES (PTY) LTD	R 76 503.62
118	EASTERN CAPE	CATHOLIC DIOCESE OF MTHATHA	MTHATHA	OFFICE / MISCELLANEOUS BUILDING	2009/11/01	2018/11/01	2019/10/31	DIOCESE OF MTHATHA	R 104 836.82
119	EASTERN CAPE	MANTA MICA BUILDING	ALIWAL NORTH	OFFICE / MISCELLANEOUS BUILDING	2009/08/01	2017/04/01	2020/03/31	BOTHA H.A.	R 41 791.47
120	EASTERN CAPE	MANTA BUILDING	ALIWAL NORTH	OFFICE / MISCELLANEOUS BUILDING	2014/04/01	2017/04/01	2020/03/31	BOTHA H.A.	R 15 885.14

1. The Office of the Chief Justice (OCJ) does not own any of the buildings, properties or facilities that it utilizes.

(a) (i), (ii), (iii) – (aa) and (bb) – The OCJ utilises four (4) rented buildings, properties or facilities which are leased on its behalf by the Department of Justice and Constitutional Development (DoJ&CD) through the Department of Public Works (DPW). The OCJ further shares three (3) rented buildings with the DoJ&CD, the latter being the principle tenant. The purpose of the use of each building is for the operations of the Judiciary and the OCJ.

The four (4) rented exclusive use properties include: (1) the OCJ National Office, (2) Gauteng Division of the Labour and Labour Appeals Court, (3) the Land Claims Court, and (4) the Western Cape Division of the Labour and Labour Appeals Court. The following three (3) buildings are shared by the OCJ with the DoJ&CD being the principle tenant: (1) OCJ Western Cape Provincial Service Centre, (2) the OCJ Eastern Cape Provincial Service Centre, (3) the Kwa-Zulu Natal Provincial Service Centre.

(b) (i) and (ii) – The values of the buildings rented for the exclusive use of the OCJ and those shared with DoJ&CD are unknown to the OCJ as leases are facilitated, paid and administered on its behalf by the DoJ&CD. These leases were negotiated and concluded by the DoJ&CD through the DPW before the existence of the OCJ.

(c) (i), (ii), (iii) – The OCJ National Office is rented from the Morvest Group by the DoJ&CD through the DPW. The Morvest building, was occupied since 01 June 2016 for a period of five years. The monthly rental for the OCJ National Office is averaged at R741 365.00 per month which is paid to the DoJ&CD as the lease owner.

Other leases are also administered (renewed and implemented) by the DoJ&CD.

The periods for the rental; owners of the properties; and rental paid for the leased properties are unknown to the OCJ as these leases were negotiated and concluded by the DoJ&CD through the DPW before the existence of the OCJ, and these are paid for through the DPW.

Reply:

(i) Since my appointment as the Minister of Justice and Correctional Services, the vehicle which I have been using was purchased by the Department of Science and Technology during the 2013/14 financial year. Please refer to my reply to parliamentary question no. 361 which was submitted in March 2017. Details of the recently purchased vehicle, replacing the vehicle which was purchased by the Department of Science and Technology, is tabulated below:

Financial Year	Make	Model	Price	Date Purchased
2017/18	Mercedes Benz	GLE 350d 4MATIC	R975 750.01	23 March 2018
2018/19	No vehicles were purchased since 1 April 2018 to date.

(ii) The Deputy Minister of Justice and Constitutional Development did not purchase any vehicle in the 2016/17, 2017/18 financial years and since 1 April 2018. The Deputy Minister is currently using vehicles that were bought for him during the 2014/15 financial year. Please refer to my reply to parliamentary question no. 361 which was submitted in March 2017.

Reply:

The total number of persons granted bail as on 31 January 2019 but unable to pay is 6862.

Reply:

The information regarding possession of marijuana in quantities is not captured on the Admission and Release System, however the below table depicts the total number of inmates incarcerated and detained for possession of marijuana.

Number of Inmates incarcerated and detained for possession of marijuana
Remand detainees	651
Sentenced offenders	390
Total	1 041

Reply:

The National Prosecuting Authority has informed me that 5 419 sexual offences cases were finalized with a verdict during 2018/19 financial, i.e. during the period April 2018 – January 2019. Convictions were obtained in 4 034 of these cases, representing a conviction rate of 74.4%.

A break down in respect of each province for the 2017/18 financial year and current 2018/19 financial year (up to the end of January 2019) is provided in the table below:

Sexual Offences (SO) conviction rates per province for the past two (2) financial years

Province	Financial Year		SO Convicted Cases	SO Acquitted Cases	Total SO Finalised	Sum of SO Conviction Rate
Eastern Cape	2017/2018		798	214	1 012	78,9%
	2018/2019		742	192	934	79,4%
Free State	2017/2018		697	238	935	74,5%
	2018/2019		504	161	665	75,8%
Gauteng	2017/2018		725	301	1 026	70,7%
	2018/2019		531	184	715	74,3%
KZN	2017/2018		899	393	1 292	69,6%
	2018/2019		660	262	922	71,6%
Limpopo	2017/2018		298	162	460	64,8%
	2018/2019		232	148	380	61,1%
Mpumalanga	2017/2018		367	123	490	74,9%
	2018/2019		309	72	381	81,1%
North West	2017/2018		327	126	453	72,2%
	2018/2019		263	87	350	75,1%
Northern Cape	2017/2018		171	70	241	71,0%
	2018/2019		181	70	251	72,1%
Western Cape	2017/2018		722	248	970	74,4%
	2018/2019		612	209	821	74,5%

NB: Definition of Sexual Offences

Any case involving offences committed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32 of 2007, and may include common law rape or indecent assault. Statistics reported in this response are in terms of this definition.

Reply:

I am informed by the National Prosecuting Authority that the regions only started to track and report on what is called gang-related offences during the 2018/19 financial year. It is important to note that there is no such crime or charge in our law. Therefore, statistics in this regard are not automatically tracked and recorded in the system.

Gang related offences are mostly prevalent in the Western and Eastern Cape Divisions.

During this financial year (April 2018 – February 2019), these two regions indicated that 87 verdict cases were finalised, obtaining 65 convictions. This therefore represents a conviction rate of 74.7%.  

Reply:

The table below provides details of Capital Projects under Construction:

PROVINCE	PROJECT DESCRIPTION	PROJECT AMOUNT	TIMEFRAMES
Limpopo	1. Limpopo High Court: Construction of a new building including additional parking	Original contract amount was R447 383 961.96 The amount has increased to R602 094 608.08 due to variation orders submitted.	Project start date: August 2013 Contractual end date: August 2015 Original contract period: 20 months Expected completion date: March 2019.
Mpumalanga	2. Mpumalanga High Court: Construction of a new building	The original contract amount was R613 023 401.37 but has increased to R776 198 203.32 due to variations orders.	Project start date: August 2013 Contractual end date: August 2015 Original contract period: 20 months Expected completion date: March 2019.
	3. Evander Magistrate’s Court: Refurbishment and additional accommodation for the Director of Public Prosecutions, Judiciary and Administration	R 36 998 712.88	Start date: October 2016 Original Completion date: October 2018 Contract period: 24 months Anticipated completion date: May 2019
Gauteng	4. Booysens Magistrate’s Court	R242 545 707.17	Start date: June 2016 Original Completion date: December 2017 Contract period: 19 months Project was handed over on 13 February 2019
	5. The Palace of Justice: Security Measures Upgrade	R29 856 526.00	Project start date: July 2014 Contractual end date: January 2016 Original contract period: 18 months Practical completion to be confirmed as the new contractor still needs to be appointed by the Department of Public Works (DPW)
	6. Mamelodi Magistrate’s Office: Construction of a new building	R94 742 592.85	Start date: June 2014 Original Completion date: May 2015 Contract period: 18 months. Expected completion date is April 2020.
	7. Pretoria Magistrate’s Court: Refurbishment of Burned Building (DPW funded)	Original contract amount was R118 217 794.14 but was revised to R135 870 516.60 due to removal of the black mould and extension of time.	Start date: February 2015 Original Completion date: August 2016 Contract Period: 18 months Anticipated practical completion: To be confirmed as the new contractor still needs to be appointed.
Eastern Cape	8. Mthata High Court: Additional Accommodation & Repairs and Renovations	R102 000 000.00	Project start date: July 2017 Contractual end date: July 2019 Original contract period: 24 months Practical completion is expected in August 2019.
	9. Dimbaza Magistrate’s Court: Construction of a new building	The original contract amount was R81 749 948.40, and but was revised to R97 682 551.11 due to variations issued.	Start date: December 2014 Original Completion date: December 2016 Contract period: 24 months Expected completion date is April 2019.
	10. Bityi Magistrate’s Court	R67 534 574.00	Start date: July 2016 Original Completion date: January 2018 Contract period: 20 months Expected completion date is April 2019.
Western Cape	11. Plettenberg Bay Magistrate’s Office: Construction of a New Building	The original contract amount was R226 338 588.12 but has increased to R248 898 211.53 due to variation orders.	Start date: October 2015 Original Completion date: July 2017 Contract period: 20 months Expected date of completion is April 2019
Kwa-Zulu Natal	12. Port Shepstone Magistrate’s Office: Construction of a new building	R 285 523 818.60	Start date: September 2014 Original Completion date: September 2016 Contract period: 24 months Anticipated completion date: October 2019.
	13. Chatsworth Magistrate’s Office: Additional Accommodation including repairs	R 167 176 880.00.	Start date: June 2016 Original Completion date: Dec 2018 Contract period: 30 months Anticipated completion date is September 2019
	14. Pietermaritzburg NPA: Rehabilitation of old DPW workshop.	R 206 736 589.86	Start date: January 2017 Original Completion date: July 2019 Contract period: 30 months Anticipated completion date: September 2019
	15. Vulamehlo Magistrate’s Court: Repairs and Renovations to office buildings	R 19 529 511.00	Start date: March 2015 Original Completion date: March 2017 Contract period: 24 months Anticipated completion date: December 2019
	16. Umbumbulu Magistrate's Office: Additional accommodation and alterations	R 33 504 000.00	Start date: December 2013 Original Completion date: June 2015 Contract period: 18 months Anticipated completion date: March 2019
Northern Cape	17. Fraserburg Magistrate’s Court: Construction of additional accommodation	R 21 454 313.00	Start date: October 2016 Original Completion date: April 2018 Contract period: 18 months Anticipated completion date: Extension of time is still under adjudication by the Principal Agent.

Reply:

1. The Department of Justice and Constitutional Development (DoJ&CD) has indeed engaged with the Department of Public Works (DPW) on various occasions, during the past five (5) financial years, in respect to the severe lack of maintenance at the Klerksdorp Magistrates Court housed at the PC Pelser Building.

(a) Major challenges relate to malfunctioning lifts, aircons (HVAC, heating, ventilation and cooling system), constant tripping of power and plumbing.

(b) The Mafikeng Regional office of the Department of Public Works will, after receiving the call log, appoint contractors to attend to the incidents at the court. With regards to the HVAC and electricity challenges, DPW undertook to appoint a contractor for major repairs and refurbishments of both services. DPW further undertook to replace the lifts.

(c) In June 2014, the Mafikeng Regional office of Department of Public Works appointed Sebushi Somo Construction and Projects to execute a repair electrical reticulation and mechanical installation project to the value of R39 500 000. This project was for the rewiring and upgrading of the electricity, and for the installation and reticulation of new HVAC system.

Regarding the lifts, there was a project that was on site from 14 September 2016 to 02 October 2017, this was a maintenance project of lifts in the North West. DPW Regional Office used this short term contract to service the lifts of the Court. Since its expiry, it has been a challenge for the lifts to be serviced to a point where the Department of Labour has now issued a contravention notice. The internal Engineers of DPW have recommended that all lifts be replaced since they have reached their life span. Given that the processes of replacing the lifts will take longer, DPW opted to run two processes where a service provider will be appointed to, in the interim, fix the lifts and also appoint Engineers to start with the planning for the major project of replacing the lifts.

A plumbing project will be registered by DPW to attend to all challenges of blocked sewerage pipes and toilets, as well as leaking reticulation pipes.

(d) The contractor for the electrical reticulation and mechanical installation is still on site working on the electricity and HVAC systems.

A service provider has since been appointed by DPW to repair lifts in the short term whilst a project to replace all lifts is being registered as a long term solution. An advert has been placed by DPW for the appointment of the Engineers for the long term solution of replacing the lifts. These Engineers will then start with the planning and design of the project in the 2019/20 financial year.

A separate project, relating to all the plumbing challenges at the Court including the basement water spring, is being registered by DPW for planning in the 2019/20 financial year.

2. The PC Pelser Building is a state owned building, and therefore the DoJ&CD pays what is referred to as accommodation charges from the devolved budget. The DoJ&CD is paying DPW accommodation charges on quarterly basis an amount in the tune of approximately R92 million without any breakdown per property from DPW as per Devolution of Budget Framework of 2006. National Treasury has given DPW an exemption to invoice client departments on accommodation charges without supporting documents because DPW has not yet finalised government immovable asset register. The quarterly amount mentioned above is for the entire state owned portfolio currently occupied or utilised by the DoJ&CD, and not per individual building. This payment is meant to pay for property rates, maintenance and rehabilitation/refurbishment, and for the provision of professional services provided by the DPW.

3. The DoJ&CD is aware of the conditions at PC Pelser Building as this project is on the portfolio of the Department. The Regional Office of DoJ&CD together with the National Office have been attending site meetings at the Court to resolve the maintenance challenges. After the Department of Labour issued the contravention notice regarding the lifts, the matter was escalated to the Deputy Directors-General and professionals within DPW. This led to numerous visits to the Court by the DoJ&CD’s Chief Director: Facilities Management and the professional team from DPW National Office. The visits were between June and November 2018 where it was agreed that a service provider be appointed in the interim whilst a major project for the replacement of the lifts is being planned.

I will further engage the Minister of Public Works on our bilateral meetings to ensure that the projects regarding lifts and plumbing works at this Court are expedited.

Reply:

a) The Department of Justice and Constitutional Development did not contract the services of Diambu and Phezulu companies in the past ten (10) financial years. However, the DoJ&CD entered into a contract with Sondolo Information Technology (Pty) Ltd, and the detailed information is tabulated below:

Past 10 Financial years	Number of contracts	Date which contract was signed	Duration of contract	Description of service Services	Value of the contract
2018/2019	1	23 September 2015 (SBD 7.2)	36 months	Provision of corrective and preventative maintenance as per RFB 2008 15 to Department of Justice and Constitutional Development for period of 36 months	R373 709 412.00
2017/2018
2016/2017
2015/2016
2014/2015	0	N/A	N/A	N/A	N/A
2013/2014	0	N/A	N/A	N/A	N/A
2012/2013	0	N/A	N/A	N/A	N/A
2011/2012	0	N/A	N/A	N/A	N/A
2010/2011	1	15 July 2009	The Service Level Agreement does not have a duration period. It makes reference to project definition report. It further states that maintenance will endure for a period of 36 months after warrantee period expires.	Integrated security infrastructure for Department of Justice and Constitutional Development	R 601 863 308.80
2009/2010
2008/2009

b) I have been informed by the Legal Aid South Africa, National Prosecuting Authority and Special Investigating Unit that they did not enter into any contract with Diambu, Phezulu and Sondolo Information Technology during the past ten (10) financial years.

Reply:

According to the Head of the National Prosecutions Service, although the National Prosecuting Authority does not keep data according to specific crime typologies due to lack of electronic systems, it does record information related to corruption in respect to persons who have been convicted or acquitted. Unlike the normal calculation of conviction rates based on cases, the conviction rate is measured on the number of persons. 

Therefore, the 2018 convictions, acquittals and percentages are indicated in the table below:

Period	Persons Convicted	Persons Acquitted	Percentage of Persons Convicted
January	10	0	100.0%
February	21	3	87.5%
March	28	3	90.3%
April	19	1	95.0%
May	30	0	100.0%
June	39	1	97.5%
July	25	0	100.0%
August	35	1	97.2%
September	36	0	100.0%
October	34	0	100.0%
November	40	0	100.0%
December	15	1	93.8%
Grand Total	332	10	97.1%

Reply:

1. I have been informed by the Department of Justice and Constitutional Development that the Offices of the State Attorneys do not categorise cases that are dealt with and their cost thereof, and do not keep such information separately. Additionally, the South African Police Service could be the relevant Department to provide the Honourable Member with the requested information.
2. Falls away
3. Falls away
4. No.

Reply:

The travel privileges of former Ministers/Deputy Ministers and their spouses are paid for and administered by Parliament and I would therefore suggest that the Honourable Member approach Parliament in this regard.

Reply:

(i) The Department of Justice and Constitutional Development (DoJ&CD) conducted nine (9) tender briefing sessions in 2018 and seven (7) were compulsory tender briefings.

(ii) The entities under the Ministry of Justice and Correctional Services informed me as follows:

A. National Prosecuting Authority (NPA)

The NPA advertised 16 tenders in 2018. Of these, there were 10 compulsory briefing sessions. Six (6) tenders did not require briefing sessions.

B. Legal Aid South Africa

The Legal Aid SA held 52 briefing sessions in the 2018 calendar year and only two (2) required compulsory tender briefings.

C. Special Investigating Unit (SIU)

The SIU advertised 38 tenders during the period, 1 April 2018 to date, and none required briefing sessions.

The Department of Correctional Services number of tender briefings were held in 2018 are as follows:

(a) Tender briefings held in 2018	(b) Number of briefing sessions compulsory
(i) His Department; and (ii) Entities Reporting to him	Number of briefing sessions held in 2018
Head Office	5	5
Eastern Cape	7	7
Free State and Northern Cape	16	16
Gauteng	2	2
Kwazulu Natal	4	4
Limpopo, Mpumalanga and North West	26	26
Western Cape	15	15
Total	75	75

The Office of the Chief Justice:

1. (a) Three (3) tender briefings were held during the 2018/2019 financial year;

(i) by the Office of the Chief Justice (OCJ).

(b) Three (3) briefing sessions were compulsory.

Reply:

The National Director of Public Prosecutions has informed me that the matter was referred to the Head of the Directorate for Priority Crime Investigation (DPCI) for investigation. The National Prosecuting Authority will only be involved after the investigation has been finalized and the docket is forwarded to them.

Reply:

1. Yes, offender (prison number: 204156644) is currently serving a life sentence at Qalakabusha Correctional Centre and was eligible for consideration on 26 September 2016.

(2) No, offender is still required to undergo individual psychotherapy with a Psychologist.

(3) The NCCS recommendations were that:

• The offender should undergo intensive further therapy as recommended by the Psychologist;
• The offender should be subjected to individual psychotherapy to address anger issues and the harm caused to the victim;
• A copy of sentencing remarks in the case of CC145/04 to be obtained from the Pietermaritzburg High Court and attached when the profile is resubmitted. In the event the sentencing remarks cannot be obtained, all efforts to obtain same should be documented and a comprehensive report furnished detailing, inter alia, the reasons for failure to obtain such;
• The offender should attend the Behaviour Modification programme;
• The offender should be assisted to upskill vocationally/ educationally to assist him with prospects of obtaining employment once he is placed on parole. Certificates should be attached when the profile is resubmitted;
• A copy of SAP62 should be included when the profile is resubmitted.

(4) Yes.

(a) 14 February 2018.

(b) A further profile should be submitted in 18 months with the expectation that all 6 recommendations as stated in question 3 would have been executed upon which placement on parole would be reconsidered.

(c) 14 February 2018.

Reply:

1. The Department of Justice and Constitutional Development implemented Resolution 3 of 2009. In implementing the Resolution, the Department confined itself to the condition set in paragraph 3.6.3 which deals with accelerated grade progression for salary levels 9-10 and 11-12 respectively. To this end, all employees from salary levels 9-10 and 11-12 who meet the below mentioned qualifying criteria are accordingly progressed/upgraded:

a) Twelve (12) years continuous service and should have at least obtained above satisfactory rating on his performance assessment; and

b) Fifteen (15) years of continuous service and should have at least obtained above satisfactory rating on his performance assessment

2. The National Prosecuting Authority implemented PSCBC Resolution 1 of 2012 in conjunction with the Department of Public Service and Administration (DPSA) Circular 16/P dated 25 February 2013. All posts that were filled on salary levels 9 and 11 after the implementation of PSCBC, Resolution 3 of 2009 were re-graded according to the DPSA’s Implementation Directive. All employees who occupied those posts were thus upgraded into the salary levels 10 and 12 respectively.

3. Employees of Legal Aid South Africa are not appointed under the Public Service Act, 1994 but are employed in terms of Legal Aid SA Act 39 of 2014. Persons who are employed at salary level 9 and those employed at salary level 11 can be progressed to salary level 10 and salary level 12 respectively subject to the scope of pay progression of the job grading of a position and on condition that an employee’s annual performance review is good and scored at 80% and above.

4. Neither PSCBC Resolution 3 of 2009 nor Resolution 1 of 2012 has been implemented in the Special Investigating Unit (SIU). The pay progression model being referred to is not in use in the SIU as the SIU has its own grading system in place.

Reply:

I have been informed by the Office of the Acting Chief Litigation Officer as follows:

(1)(a)(i) 526 public servants; and (ii) 4 Ministers; and (b) the statistics concerned regarding the costs, have not been kept separately, because they are managed in the normal processes and kept with all other files, which are allocated to a State Attorney if and when such an application is brought. The costs that could be sourced, are indicated in the tables below.

(2) None. In the normal processes in State Attorneys’ Offices, such statistics are not kept separately, but are kept with all other normal files and allocated to a State Attorney if and when such an application is brought. In respect of the Heads of Department, Chief Financial Officers and Members of the Executive Council who applied for State cover, no separate record or statistics of such matters, were kept.

(3) No, because I have been informed that it is mostly SAPS members who are faced with this situation; and SAPS recoup the money themselves. The SAPS members sign an undertaking to pay before the matter is referred to the State Attorneys’ Offices and SAPS executes it internally.

(4) No such statement is necessary.

Background information:

The tables below provide statistical information of the Offices of the State Attorneys and the Chief Directorate: Law Enforcement within the Office of the Chief Litigation Officer dealing with matters of the Department of Justice and Constitutional Development:

1. STATE ATTORNEY: BLOEMFONTEIN

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	43	None	R267 431.74	None	None	None
2015	5	None	R50 015.47	None	None	None
2016	95	None	R700 828.03	None	None	None
2017	27	None	R289 980.35	None	None	None
2018	33	None	R304 75.30	None	None	None

2. STATE ATTORNEY: EAST LONDON

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	2	None	None	None	None	None
2015	2	None	None	None	None	None
2016	1	None	None	None	None	None
2017	3	None	R33 961.81	None	None	None
2018	None	None	None	None	None	None

3. STATE ATTORNEY: PRETORIA

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	9	4	None	None	None	None

4. STATE ATTORNEY: DURBAN

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	None	None	None	None	None	None

5. STATE ATTORNEY: MTHATHA

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	2	None	None	None	None	None

6. STATE ATTORNEY: KIMBERLEY

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	None	None	None	None	None	None

Regarding the Kimberley State Attorneys’ Office, it has been reported that no records were kept regarding public servants. Nor were records kept of Ministers who received legal representation in the scope of their duties.

7. STATE ATTORNEY: MAHIKENG

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	None	None	None	None	None	None

Regarding the Mahikeng State Attorneys’ Office, the information as received from the Office of the State Attorney, is that the State Attorneys have represented Ministers in all claims. This was however in the official (normal) capacity and not in their personal capacity. The State Attorney, Mahikeng is therefore not aware of any Minister who forfeited administrative protection. Therefore the Head of the Office informs me that there are no such cases.

The Office of the State Attorney has also represented individual officials in their official capacities who were cited as co-defendants with the relevant Minister. The State Attorney is not aware of any of those officials who forfeited their administrative protection. Therefore the Head of Office informs me that there are no such cases.

As the Office has not kept statistics of this nature before, it is not possible to provide a breakdown of the costs incurred in respect of all these cases. In this respect, I am informed that there are no costs to report on, as there were no such cases where the Minister, Member of the Executive Council (MEC) or Officials have applied for legal representation in their personal capacity.

8. STATE ATTORNEY: JOHANNESBURG

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	66	None	R1 188 735.00	None	None	None
2015	49	None	R1 462 626.00	None	None	None
2016	18	None	R395 845.00	None	None	None
2017	10	None	R222 566.00	None	None	None
2018	8	None	R22 292.00	None	None	None

9. STATE ATTORNEY: CAPE TOWN

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	135	None	None	None	None	None

10. STATE ATTORNEY: THOHOYANDOU

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	4	None	R36 559.00	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	1	None	R4 305.00	None	None	None
2018	None	None	None	None	None	None

11. STATE ATTORNEY: PORT ELIZABETH

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	2	None	R31 468.00	None	None	None
2015	3	None	R138 372.00	None	None	None
2016	5	None	None	None	None	None
2017	None	None	None	None	None	None
2018	None	None	None	None	None	None

12. STATE ATTORNEY: POLOKWANE

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	None	None	None	None	None	None

Regarding the Polokwane State Attorneys’ Office, the Head of Office has reported that there are no such applications that have been submitted to their office. Hence the nil return on the table, above.

13. CHIEF DIRECTORATE: LAW ENFORCEMENT IN THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT:

Year	No. of Public servants	No. of Ministers	Costs for public servants	Costs for Ministers	No. of cases where public servants forfeited their administrative protection	No. of cases where Ministers forfeited their administrative protection
2014	None	None	None	None	None	None
2015	None	None	None	None	None	None
2016	None	None	None	None	None	None
2017	None	None	None	None	None	None
2018	3	None	None	None	None	None

Reply:

The Department of Justice and Constitutional Development informed me that, according to the Integrated Case Management System (ICMS), the only reported matters are when a guilty verdict was imposed. The information is tabulated below according to each financial year.

A. 2014/15:

Region	Dealing with Drugs	Possession of Drugs	Total
Eastern Cape	932	5 709	6 641
Free State	368	1 983	2 351
Gauteng	978	7 216	8 194
Kwa-Zulu Natal	377	16 329	16 706
Limpopo	76	802	878
Mpumalanga	442	1 151	1 593
North West	123	450	573
Northern Cape	175	769	944
Western Cape	1 397	22 552	23 949
Grand Total	4 868	56 961	61 829

B. 2015/16:

Region	Allowing sale; use or possession of drugs on premises in contravention of any law	Dealing in Drugs	Possession or using a dependence-producing drug or plant	Possession/Use of Drugs	Total
Eastern Cape	30	654	8	5 169	5 861
Free State	1	179	3	2 204	2 387
Gauteng	4	540		5 546	6 090
Kwa-Zulu Natal	26	212	43	15 395	15 676
Limpopo		46	2	793	841
Mpumalanga	1	481	9	1 679	2 170
North West	2	72	2	440	516
Northern Cape		133	1	927	1 061
Western Cape	2	870	2	21 714	22 588
Grand Total	66	3 187	70	53 867	57 190

C. 2016/17:

Region	Dealing with Drugs	Possession or using a dependence-producing drug or plant	Possession/Use of Drugs	Total
Eastern Cape	287	1	3 092	3 380
Free State	201		1 040	1241
Gauteng	574	2	5 847	6 423
Kwa-Zulu Natal	526	9	11 018	11 553
Limpopo	67	1	786	854
Mpumalanga	442	1	1 568	2 011
North West	147		847	994
Northern Cape	118		386	504
Western Cape	530	7	13 406	13 943
Grand Total	2 892	21	37 990	40 903

D. 2017/18:

Region	Dealing in Drugs	Possession or Use of Drugs	Possession or using a dependence-producing drug or plant	Grand Total
Eastern Cape	395	3 952	8	4 355
Free State	235	1717	2	1 954
Gauteng	611	6 030	7	6 648
Kwa-Zulu Natal	515	13 067	54	13 636
Limpopo	45	721	1	767
Mpumalanga	522	1 558	3	2 083
North West	115	947		1 062
Northern Cape	141	737		878
Western Cape	567	16 954	31	17 552
Grand Total	3 146	45 683	106	48 935

E. 1 April 2018 – September 2018:

Region	Dealing with Drugs	Possession or Use of Drugs	Possession or using a dependence-producing drug or plant	Total
Eastern Cape	120	1 411	2	1 533
Free State	84	724		808
Gauteng	179	2 848	2	3 029
Kwa-Zulu Natal	92	4 924	46	5 062
Limpopo	21	216		237
Mpumalanga	164	560	1	725
North West	28	339		367
Northern Cape	33	295	1	329
Western Cape	209	5 970	28	6 207
Grand Total	930	17 287	80	18 297

Reply:

1. (a) Yes, the Department of Justice and Constitutional Development has informed me that Bosasa was awarded with a contract in the past (ten) 10 financial years.

1. One (1) contract was signed as RFB 2010 02B.
2. The award was approved on 16 December 2010.
3. The duration was from 1 January 2011 to 30 September 2013.
4. The service provider was appointed to render security guarding and special services to the Department.
5. The total amount spent was R535 330 659.

(b) I have also been informed by the entities reporting to me, i.e. the Legal Aid South Africa, National Prosecuting Authority and Special Investigating Unit that they never contracted Bosasa in the last ten (10) financial years.

2. No, the Department did not incur irregular expenditure since the departmental Supply Chain Management Policy and prescripts were followed.

Reply:

1. (a) Various Constitutional Court cases have confirmed the principle that it is a constitutional imperative to facilitate public involvement in the legislative processes, which by implication includes the making of delegated legislation. If this important principle (which is sometimes referred to as participatory democracy), is not adhered to, the laws or regulations in question may be unconstitutional. Any proposed legislative proposal that gives effect to the South African Law Reform Commission Report on Adult Prostitution (Project 107) (the Report), will be subjected to a comprehensive and open public consultation process. By implication, all interested parties, who among others, will include organizations and establishments that represent persons involved in sex work as well as sex workers themselves, will be given an opportunity to raise their views. A public consultation process, because of its open and public character, ensures that everybody is given an equal opportunity to raise their views and acts as a counterweight to secret lobbying and influence-peddling.

(b) As indicated in the Reply to Question 3135, the Department is in the process of further researching aspects relevant to the Report in order to make legislative proposals that are best suited to our country.

2. The public consultation process discussed under paragraph (1)(a) above, will involve consultation with other Departments in the national, provincial and local sphere of Government due to the cross-cutting nature and implications of sex work. Any regulatory measure that deals with sex work and which may impact on the functions, resources or mandates of any other Department, will be drafted in consultation with the Department involved.

Reply:

1. (a) The Department of Justice and Constitutional Development (DoJ&CD) conducts a verification process of all its assets bi-annually, including the artwork on its asset registers and report accordingly in Interim and/or Annual Financial Statements.

The National Prosecuting Authority (NPA) commissioned an audit of all its artwork at head office in 2014. The audit was conducted by an independent firm, Gilfilan Scott-Berning. The artwork collection was evaluated at R889 625.00.

Legal Aid SA conducts quarterly verification of all its assets, including the artwork on its asset registers, and consistently reports on its mid-year and Annual Financial Statements. Currently Legal Aid SA has no assets which are recognised as heritage assets as required by the Generally Recognised Accounting Practice 103.

(b) The detailed evaluation report of the NPA is attached as Annexure A. The artwork contained in the DoJ&CD asset register is listed below:

Asset	Office/Region	Number/Count	Purchase Price
Board White Magnetic	Western Cape	1	R574.28
Charter Service	Eastern Cape	2	R1 703.16
Coat of Arms	National Office	83	R663 360.08
Framed Pictures	Kwa-Zulu Natal	127	R180 061.41
Picture Framed	Gauteng	225	R252 186.26
Potrait Art	Mpumalanga	44	R21 266.80
Total	482	R1 119 151.99

(2) No artworks of the DoJ&CD, NPA and Legal Aid SA have gone missing in the past five (5) financial years including since 1 April 2018.

1.(a) The Office of the Chief Justice conducts a verification process of all its assets every six months, including the artwork on its asset register.

1. (b) The artwork contained in the Office of the Chief Justice asset register are listed below:

ITEM	LOCATION	NUMBER
Statue	SCA	12
Statue	Bloemfontein	2
Statue	Pretoria High Court	5
Painting	Labour & Labour Appeals Court JHB	4
TOTAL	23

2. No artworks have gone missing in either the past 5 financial years or since 1 April 2018.

Reply:

The National Prosecuting Authority (NPA) has informed me that the NPA does not keep statistics per crime type. However, to the extent that particular crimes were attributable to gang activity, the NPA keeps statistical information regarding the implementation of the crimes reported under the Prevention of Organised Crime Act (POCA) since the inception of dedicated organised crime prosecution components in Deputy Public Prosecutions (DPP) divisions. Section 9 of POCA creates specific offences for gang related crimes. However, certain offences such as drug trafficking, murder, attempted murder, intimidation, assault, and robbery are directly related to gang activities and gang membership. The statistics provided therefore include such cases, where it was identified that they were gang related.

The information tabulated below is therefore provided per province and financial year where such cases existed/were recorded. The rest of the provinces do not have such cases.

a) KwaZulu-Natal

Item	2014/15	2015/16	2016/17	2017/18	2018 to date
No. of cases prosecuted	4	0	1	3	1
No. of cases convicted	4	0	1	3	Pending

B) Free State

Item	2014/15	2015/16	2016/17	2017/18	2018 to date
No. of cases prosecuted	2	1	1	3	6
No. of cases convicted	2	1	1	3	1 (5 pending)

C) Western Cape

Item	2014/15	2015/16	2016/17	2017/18	2018 to date
No. of cases prosecuted	5	18	9	7	11
No. of cases convicted	5	16	8	6	11 (30 cases pending on the roll)

D) Gauteng – South Gauteng Division

Item	2014/15	2015/16	2016/17	2017/18	2018 to date
No. of cases prosecuted	0	0	0	0	9 Pending on court roll
No. of cases convicted	0	0	0	0	0

E) Eastern Cape - Grahamstown

Item	2014/15	2015/16	2016/17	2017/18	2018 to date
No. of cases prosecuted	15	23	32	63	46
No. of cases convicted	15	23	32	63	46

F) Limpopo (became an independent DPP office from January 2016)

Item	2014/15	2015/16	2016/17	2017/18	2018 to date
No. of cases prosecuted	0	0	0	0	1
No. of cases convicted	0	0	0	0	1

Reply:

I have been informed by the National Prosecuting Authority that during April – October 2018, the following conviction rates were maintained at district courts:

a) KwaThema Magistrate Court: 95.4%; and

b) Tsakane Magistrate Court: 100%.

Reply:

The investigation of cases emanating from the Truth & Reconciliation Commission (TRC) is the responsibility of the Directorate for Priority Crime Investigation (DPCI) of the South African Police Service (SAPS). The DPCI has been conducting such investigations since 2011. The investigations are guided by the Priority Crimes Litigation Unit (PCLU) of the National Prosecuting Authority (NPA). When investigations in individual cases are concluded, the PCLU is requested to make a decision whether or not to prosecute. It is neither the policy of the DPCI nor the NPA to comment on ongoing investigations and consequently information regarding cases under investigation cannot be supplied before decisions whether or not to prosecute are made.

The NPA, however, can confirm that a decision has been taken to prosecute four former Security Branch members for the murder of the deceased cases in 1983 and another former Security Branch member for the murder of Ahmed Timol in 1971. Both the DPCI and the NPA are under a constitutional obligation to perform their powers without fear, favour or prejudice. Decisions to prosecute are informed by the NPA Policy, which has been issued in terms of section 179 of the Constitution. These mechanisms ensure that there are no selective prosecutions. If an individual accused is aggrieved by a decision to prosecute him/her, he/she may approach a High Court for relief.

Reply:

Name of the Department/Entity	Company Name	Description of Services	Contract Duration	Value of Contract	Who approved the tender and/or contract	Was the tender and/or contract in line with all National Treasure and departmental procurement
Department of Justice and Constitutional Development	Vox Telecommunications	Provision of an audio visual remand solution	Five (5) years	R16 608 965.86	The contract was approved by the Departmental Bid Adjudication Committee on 12 November 2015	Yes, the contract was awarded in line with SCM prescripts and legislation issued by National Treasury as well as the departmental SCM Policy and Departmental Delegations.
Office of the Chief Justice	Vox Telecommunications	Internet upgrade of bandwidth	One (1) year	R364 446.60	The procurement document was approved by Chief Director: Court Administration as per the Financial Delegations of the Office of the Chief Justice.	Yes, The contract was in line with National Treasury and departmental procurement guidelines
Legal Aid South Africa	Vox Telecommunications	Internet services	Three (3) years	R3 139 497.36	The contract was approved by the Bid Adjudication Committee on 1 November 2010	Yes, the contract was awarded in line with SCM prescripts and legislation issued by National Treasury as well as Legal Aid SA’s SCM Policy and Approval Framework.
Special Investigating Unit
National Prosecuting Authority (NPA)	The NPA has not awarded contracts to any of the companies listed on the question.	N/A	N/A	N/A	N/A	N/A

(a) According to the records available, the Department of Correctional Servicers had no contracts or tenders awarded to the companies mentioned above since 1 January 2009 to date.

(b) (i) Not applicable.

(ii) (aa) Not applicable.

(bb) Not applicable.

(iii) Not applicable.

(iv) Not applicable

Reply:

(i) The Department of Justice and Constitutional Development does not have any loans with any entity in the People’s Republic of China.

(ii) Entities have reported as follows:

a. Legal Aid South Africa

Legal Aid SA has not sought nor obtained loans from the People’s Republic of China or any other party.

b. National Prosecuting Authority

The NPA has not borrowed any amount of money from the People’s Republic of China.

(i) The Office of the Chief Justice (OCJ) has never borrowed any funds form the People`s Republic of China.

(ii) The Department of Correctional Services did not borrow any funds nor does it have any outstanding loans from the People’s Republic of China in the past three financial years and since 1 April 2018.

Reply:

In respect to the CAS numbers opened and recorded at Orlando Police Station, the National Prosecuting Authority (NPA) has reported as follows:

a) The case docket, CAS 535/05/2018, has been returned to the South African Police Service (SAPS) with an instruction to finalise investigations.

b) The NPA is waiting for a case docket, with CAS 490/05/2018, from SAPS before a decision can be made.

Reply:

(a) (i)	Correctional centres being repaired
	Project	(b) Anticipated Completion Cost	(c) Capacity	(d) Province
1.	Rustenburg	R174 026 987	812	LMN
2.	Glencoe	R34 150 721	669	KZN
3.	Emthonjeni Youth Centre Baviaanspoort	R187 709 485	640	GAUTENG
(b) (ii)	Correctional centres under construction
1.	Pretoria C Max	R217 434 500	284	GAUTENG
2.	Standerton	R408 552 598	1468	LMN
3.	Estcourt	R368 527 072	500	KZN
4.	Tzaneen	R62 819 109	504	LMN

Reply:

I have been informed by the National Prosecuting Authority that:

1. The senior prosecutor was of the view that a prima facie case had not been made out. However, they relied on the wrong section of the relevant Act. The office of the Director of Public Prosecutions (DPP) reviewed the matter and decided to prosecute.
2. This question falls away as the DPP has overruled the decision of the senior prosecutor and decided that prosecution should be instituted. The matter is on the court roll of the Germiston Regional Court and has been remanded to 16 November 2018.

Reply:

In responding to questions (a), (b), and (c), the National Prosecuting Authority (NPA) has reported as follows, as per the case number opened at Orlando Police Station:

1. CAS 636/6/2010: This relates to an incident of drinking in public. A J534 form was issued. No docket was opened, only a control document was issued.
2. CAS 730/1/2018: This is an invalid CAS number according to the South African Police Service (SAPS) system.
3. 133/10/2015: This is a docket on trespassing. The docket, Orlando CAS 133/10/15, was not enrolled on 9 October 2015 as further investigations were requested. The said docket was brought back on 10 November 2016, but there were still investigations outstanding. The investigating officer was once again instructed to comply. The docket was only submitted to the prosecution during July 2018 at the the prosecution request. Investigations are still continuing. This docket is linked to Orlando CAS 130/10/15 (not 130/01/15, as indicated on the question paper).
4. CAS 130/10/15: This docket relates to an incident of malicious damage to property, with the same complainant. Further investigation was requested, but the docket has not been presented to the prosecution.
5. CAS 95/07/18: The same complainant, opened another docket for trespassing against the same suspect. This docket also required further investigation, again surrounding the same eviction order.
6. 366/07/2018: The docket relates to the alleged kidnapping and assault of a minor child. This matter was enrolled on 24 July 2018. The matter is in court 13, Protea and is now set down for trial for 12 November 2018. The accused is represented by Legal Aid South Africa.
7. CAS 244/10/2018: This relates to a housebreaking incident. There is only a statement by the complainant, with nothing to indicate who the suspect might be. This docket was not presented to the prosecution.
8. CAS 66/10/2018: This is an assault docket opened against a member of SAPS. There are two (2) complainants in the docket. This docket was not presented to the prosecution.

Reply:

(a) (i) (ii) (aa) (bb) (cc) and (b), I would like to inform the Honorable Member that I never influenced any person, department`s employees to take any official administrative action on behalf of any member or employee and neither have I been influenced by any close associate of the Gupta family and attended any meeting.

Reply:

The South African Law Reform Commission (SALRC) Report on Adult Prostitution (Project 107) (the Report) was published on 26 May 2017. Since its publication, the Report was discussed in various forums and engagements with interest groups, amongst others are:

A) Conference on Sexual Exploitation of Children in Travel and Tourism;

B) Combined SANAC and Mail & Guardian Critical Thinking Forum on the decriminalization of “sex work”, in which the Deputy Minister of Justice and Constitutional Development participated;

C) Conference on Sexual Exploitation of Children in Travel and Tourism as invited by the acting National Executive Director of Child Welfare South Africa and ECPAT International;

D) The Human Rights Baseline Assessment Inception meeting jointly organised by SANAC and the Global Fund;

E) Engagements with the Global fund baseline assessment on human rights-related barriers to HIV and TB services for key populations in South Africa (including people who provide sexual services for reward);

F) The SANAC Government Task Team (GTT) meeting;

G) Roundtable Discussion on 'Prostitution/Sex Work: Is it work and is it a choice?: SACBC Parliamentary Organization, Embrace Dignity and the Hanns Seidel Foundation;

H)The Multi Party Women’s Caucus; and many more.

The Department closely followed the views expressed during these discussions. The Department also responded to various representations by interest groups, amongst others, representations by Cause for Justice, Stop Trafficking in Person Group and the Sex Worker’s Education and Advocacy Taskforce.

The report is currently being considered by the Department with a view to advising Cabinet on the proposals with regard to legislative reform on adult prostitution. In order to do this, the Department will draft legislation which will be published for public comments. During the drafting process, the Department may further consult with interested parties. Although the Report seems to be comprehensive, the recommendations that were made on legislative interventions to deal with adult prostitution as well as other non-legislative intervention proposed in the Report are not universally accepted by different interest groups. As a result of the divergent views, further research is necessary to explore, in detail, the recommendations made in the Report in order to make legislative proposals that are acceptable to the different interest groups. In particular, there must also be extensive consultation with government departments on the implementation of the non-legislative recommendations, which has financial and other implications, before Cabinet is approached to endorse the said recommendations.

Reply:

a) The National Prosecuting Authority (NPA) recorded progress on all cases of sexual offences over the past five (5) years. The table below depicts progress is:

	Financial Years	Change over previous year	Change over period 2013/14-17/18
	2013/14	2014/15	2015/16	2016/17	2017/18
Sexual Offences	67,1%	69,0%	70,1%	71,7%	72,7%	1,1%	6,9%
Convictions	5 484	5 084	4 978	4 780	5 004	4,7%	-8,8%
Verdict	8 174	7 372	7 098	6 669	6 879	3,1%	-15,8%

Sexual offences are defined as “any case involving offences committed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32 of 2007, and may include common law rape or indecent assault.”

b) From the 2017/18 financial year, The NPA started to measure murder convictions, a 77.7% conviction rate was achieved at the end of that financial year.

Reply:

1. In response to the question, it is best to consider each Protocol separately.

a) Optional Protocol to the International Covenant on Civic and Political Rights (ICCPR)

There are two Optional Protocols to the ICCPR, and South Africa has ratified both. The first Optional Protocol’s Preamble states,

“The State Parties to the present Protocol,

Considering that in order further to achieve the purposes of the International Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation of its provisions it would be appropriate to enable the Human Rights Committee set up on part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.”

As such, the first Optional Protocol allows direct claims to be made by individuals who believe that rights they are guaranteed under the ICCPR have been violated by the State, to the ICCPR Committee, but only once all domestic remedies have been exhausted. Thus, by ratifying the first Optional Protocol, South Africa has accepted the jurisdiction of the Committee to accept direct claims from individuals who have exhausted their domestic remedies. No further legislative amendments are required to our domestic law. In fact, the Committee has heard direct claims from South African applicants, and South Africa has responded as required in the procedures of the first Optional Protocol.

With regards to the second Optional Protocol, this Optional Protocol is aimed at the abolition of the death penalty. Our Constitution and jurisprudence from the case of the State versus Makwanyane (1995), has abolished the death penalty. No further legislation is required to give effect to the second Protocol.

b) Optional Protocol of the International Covenant on Economic, Social and Cultural Rights (ICESCR)

South Africa ratified the ICESCR on 12 January 2015 and has not ratified the Optional Protocol to the ICESCR.

This Optional Protocol allows the same type of direct access by individual claimants to the ICESCR Committee. South Africa is in the process of considering the Optional Protocol’s consistency with domestic and international law to which South Africa is obligated, with a view to ratifying the Optional Protocol. Any consideration of legislative changes, if any will be considered at the appropriate time

.

2. No further statement is necessary at this stage.

Reply:

I wish to inform the Honourable Member that I do not have any information regarding a joint Ministerial Investigation regarding the alleged bungling of cases between the State Prosecutors and Defence Attorneys.

Individuals complaints are submitted against decisions taken by individual prosecutors, Deputy Directors of Public Prosecution and/or the National Director of Prosecutions, these complaints referred to the Acting National Director of Public Prosecution for investigation and reply to the complainant, as only the Acting NDPP can decide on matters relating to prosecution, in terms of the Constitution of the Republic of South Africa, 1996 and the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998)

It would be appreciated if the Honourable Member could please clarify the question, if additional information is required.

(b) Therefore falls away.

Reply:

(a) In terms of section 89 of the Administration of Estates Act 1965 (Act No. 66 of 1965), the Master shall upon application of nay person who becomes entitled to receive funds out of the Guardians Fund, pay that money to the that person. Prior to any payment processed, supporting documentation together with the application has to be submitted, to verify that the correct beneficiary is paid.

In some instances, funds are received from the Government Employees Pension Fund (GEPF) without supporting documentation and/ or information to identify the person to whom the funds belong to. Beneficiaries can then not receive their money from the Guardians Fund due to lack of supporting documentation to identify them. These funds then need to be sent back to GEPF, instead of paying tot eh beneficiaries.

Based on the above, since 2016, funds of approximately 1 044 beneficiaries were refunded to GEPF.

(b) Since 2016, an amount of R192 914 462.69 in favour of the 1 044 beneficiaries was refunded to GDPF due to lack of supporting documentation to identify them.

Additionally, a decision was taken in 2016 to return unidentified funds received to GEPF, after opportunity was afforded to the GEPF to ensure that appropriate documentation be submitted as the non-receipt of supporting documentation places an unacceptable level of risk on the Guardian`s Fund which in effect represents a transfer of risk from the GEPF to the Guardian`s Fund.

Reply:

The relevant information pertaining to centre based officials employed at correctional centres is reflected in the table below.

Province	MANAGEMENT AREA/CENTRES	Total
EASTERN CAPE PROVINCE	EAST LONDON	736
	EAST-LONDON MEDIUM A CORRECTIONAL CENTRE	269
	EAST-LONDON MEDIUM B CORRECTIONAL CENTRE	158
	EAST-LONDON MEDIUM C CORRECTIONAL CENTRE	85
	MDANTSANE CORRECTIONAL CENTRE	224
	KIRKWOOD	236
	JANSENVILLE CORRECTIONAL CENTRE	22
	KIRKWOOD CORRECTIONAL CENTRE	214
	MIDDLEDRIFT	551
	FORT BEAUFORT CORRECTIONAL CENTRE	56
	GRAHAMSTOWN CORRECTIONAL CENTRE	116
	KING WILLIAMS TOWN CORRECTIONAL CENTRE	135
	MIDDLEDRIFT CORRECTIONAL CENTRE	202
	STUTTERHEIM CORRECTIONAL CENTRE	42
	SADA	795
	BARKLY-EAST CORRECTIONAL CENTRE	29
	BURGERSDORP CORRECTIONAL CENTRE	59
	BUTTERWORTH CORRECTIONAL CENTRE	48
	CACADU(LADY FRERE) CORRECTIONAL CENTRE	33
	COFIMVABA CORRECTIONAL CENTRE	31
	CRADOCK CORRECTIONAL CENTRE	106
	DORDRECHT CORRECTIONAL CENTRE	32
	GATYANA(WILLOWVALE) CORRECTIONAL CENTRE	30
	GRAAFF-REINET CORRECTIONAL CENTRE	43
	IDUTYWA CORRECTIONAL CENTRE	47
	MIDDELBURG(EASTERN CAPE)CORRECTIONAL CENTRE	77
	NQAMAKWE CORRECTIONAL CENTRE	25
	QUEENSTOWN CORRECTIONAL CENTRE	44
	SADA CORRECTIONAL CENTRE	101
	SOMERSET-EAST CORRECTIONAL CENTRE	35
	STERKSPRUIT CORRECTIONAL CENTRE	29
	XHORA(ELLIOTDALE) CORRECTIONAL CENTRE	26
	ST ALBANS	923
	PATENSIE CORRECTIONAL CENTRE	72
	PORT-ELIZABETH CORRECTIONAL CENTRE	155
	ST ALBANS MAXIMUM CORRECTIONAL CENTRE	196
	ST ALBANS MEDIUM A CORRECTIONAL CENTRE	238
	ST ALBANS MEDIUM B CORRECTIONAL CENTRE	262
	UMTATA	831
	BIZANA CORRECTIONAL CENTRE	30
	ENGCOBO CORRECTIONAL CENTRE	30
	KWA-BACA(MOUNT FRERE) CORRECTIONAL CENTRE	31
	LUSIKISIKI CORRECTIONAL CENTRE	93
	MAXESIBENI(MOUNT AYLIFF)CORRECTIONAL CENTRE	28
	MOUNT FLETCHER CORRECTIONAL CENTRE	39
	MQANDULI CORRECTIONAL CENTRE	27
	MTHATHA CENTRAL(MAX) CORRECTIONAL CENTRE	247
	MTHATHA MEDIUM CORRECTIONAL CENTRE	223
	NQGELENI CORRECTIONAL CENTRE	28
	SIPHAQENI(FLAGSTAFF) CORRECTIONAL CENTRE	26
	TABANKULU CORRECTIONAL CENTRE	29
FREE STATE PROVINCE	GOEDEMOED	482
	BETHULIE CORRECTIONAL CENTRE	24
	EDENBURG CORRECTIONAL CENTRE	26
	FAURESMITH CORRECTIONAL CENTRE	24
	GOEDEMOED MED A CORRECTIONAL CENTRE	209
	GOEDEMOED MED B CORRECTIONAL CENTRE	176
	ZASTRON CORRECTIONAL CENTRE	23
	GROENPUNT	926
	FRANKFORT CORRECTIONAL CENTRE	32
	GROENPUNT MAX CORRECTIONAL CENTRE	274
	GROENPUNT MEDIUM CORR CENTRE	185
	GROENPUNT YOUTH CORRECTIONAL CENTRE	73
	HEILBRON CORRECTIONAL CENTRE	29
	PARYS CORRECTIONAL CENTRE	37
	SASOLBURG CORRECTIONAL CENTRE	91
	VEREENIGING CORRECTIONAL CENTRE	205
	GROOTVLEI	655
	BOSHOFF CORRECTIONAL CENTRE	25
	BRANDFORT CORRECTIONAL CENTRE	53
	GROOTVLEI MAXIMUM CORRECTIONAL CENTRE	334
	GROOTVLEI MED CORR CENTRE	146
	LADYBRAND CORRECTIONAL CENTRE	29
	WEPENER CORRECTIONAL CENTRE	32
	WINBURG CORRECTIONAL CENTRE	36
	KROONSTAD	938
	BETHLEHEM CORRECTIONAL CENTRE	42
	FICKSBURG CORRECTIONAL CENTRE	29
	HARRISMITH CORRECTIONAL CENTRE	54
	HENNEMAN CORRECTIONAL CENTRE	51
	HOOPSTAD CORRECTIONAL CENTRE	21
	KROONSTAD JUVENILE CORRECTIONAL CENTRE	25
	KROONSTAD MED A CORRECTIONAL CENTRE	195
	KROONSTAD MED B CORRECTIONAL CENTRE	134
	KROONSTAD MEDIUM C(FEMALE)CORRECTIONAL CENTRE	81
	LINDLEY CORRECTIONAL CENTRE	21
	ODENDAALSRUS CORRECTIONAL CENTRE	101
	SENEKAL CORRECTIONAL CENTRE	28
	VENTERSBURG CORRECTIONAL CENTRE	34
	VIRGINIA CORRECTIONAL CENTRE	122
GAUTENG PROVINCE	BAVIAANSPOORT	527
	BAVIAANSPOORT MAXIMUM CORRECTIONAL CENTRE	146
	BAVIAANSPOORT MEDIUM CORRECTIONAL CENTRE	246
	EMTHONJENI CORRECTIONAL CENTR	135
	BOKSBURG	712
	BOKSBURG JUVENILE CORRECTIONAL CENTRE	117
	BOKSBURG MED A CORRECTIONAL CENTRE	472
	HEIDELBERG CORRECTIONAL CENTRE	123
	JOHANNESBURG	1143
	JOHANNESBURG FEMALE CORRECTIONAL CENTRE	188
	JOHANNESBURG MEDIUM A CORRECTIONAL CENTRE	377
	JOHANNESBURG MEDIUM B CORRECTIONAL CENTRE	412
	JOHANNESBURG MEDIUM C CORRECTIONAL CENTRE	166
	KGOŠI MAMPURU II	1790
	ATTREDGEVILLE CORRECTIONAL CENTRE	154
	KGOŠI MAMPURU II CENTRAL CORRECTIONAL CENTRE(PTA)	552
	KGOŠI MAMPURU II C-MAC CORRECTIONAL CENTRE(PTA)	163
	KGOŠI MAMPURU II FEMALE CORRECTIONAL CENTRE(PTA)	92
	KGOŠI MAMPURU II LOCAL CORRECTIONAL CENTRE(PTA)	568
	ODI CORRECTIONAL CENTRE	261
	KRUGERSDORP	250
	KRUGERSDORP MEDIUM CORRECTIONAL CENTRE	250
	LEEUWKOP	671
	LEEUWKOP MAXIMUM CORRECTIONAL CENTRE	191
	LEEUWKOP MED A CORRECTIONAL CENTRE	216
	LEEUWKOP MED B(YOUTH)CORRECTIONAL CENTRE	128
	LEEUWKOP MED C CORRECTIONAL CENTRE	136
	MODDERBEE	984
	DEVON CORRECTIONAL CENTRE	169
	MODDERBEE CORRECTIONAL CENTRE	689
	NIGEL CORRECTIONAL CENTRE	126
	ZONDERWATER	440
	ZONDERWATER MED A CORRECTIONAL CENTRE	212
	ZONDERWATER MED B CORRECTIONA CENTRE	228
KWA ZULU NATAL PROVINCE	DURBAN	1412
	DURBAN FEMALE CORRECTIONAL CENTRE	124
	DURBAN JUVENILE CORRECTIONAL CENTRE	140
	DURBAN MEDIUM A CORRECTIONAL CENTRE	362
	DURBAN MEDIUM B CORRECTIONAL CENTRE	402
	DURBAN MEDIUM C CORRECTIONAL CENTRE	237
	UMZINTO CORRECTIONAL CENTRE	147
	EMPANGENI	625
	EMPANGENI MED CORRECTIONAL CENTRE	82
	ESHOWE CORRECTIONAL CENTRE	134
	INGWAVUMA CORRECTIONAL CENTRE	25
	MAPHUMULO CORRECTIONAL CENTRE	27
	MTUNZINI CORRECTIONAL CENTRE	27
	QALAKABUSHA CORRECTIONAL CENTRE	278
	STANGER CORRECTIONAL CENTRE	52
	GLENCOE	472
	BERGVILLE CORRECTIONAL CENTRE	23
	DUNDEE CORRECTIONAL CENTRE	50
	ESTCOURT CORRECTIONAL CENTRE	62
	GLENCOE CORRECTIONAL CENTRE	160
	GREYTOWN CORRECTIONAL CENTRE	33
	KRANSKOP CORRECTIONAL CENTRE	31
	LADYSMITH CORRECTIONAL CENTRE(KZN)	83
	POMEROY CORRECTIONAL CENTRE	30
	KOKSTAD	880
	EBONGWENI MAXIMUM CORRECTIONAL CENTRE	486
	KOKSTAD MED CORRECTIONAL CENTRE	191
	MATATIELE CORRECTIONAL CENTRE	39
	PORT SHEPSTONE CORRECTIONAL CENTRE	129
	UMZIMKULU(HOPEWELL)CORRECTIONAL CENTRE	35
	NCOME	542
	MELMOTH CORRECTIONAL CENTRE	34
	NCOME MED A CORRECTIONAL CENTRE	167
	NCOME MED B CORRECTIONAL CENTRE	193
	NKANDLA CORRECTIONAL CENTRE	31
	NONGOMA CORRECTIONAL CENTRE	32
	VRYHEID CORRECTIONAL CENTRE	85
	PIETERMARITZBURG	882
	IXOPO CORRECTIONAL CENTRE	40
	NEW HANOVER CORRECTIONAL CENTRE	94
	PIETERMARITZBURG MEDIUM A CORRECTIONAL CENTRE	428
	PIETERMARITZBURG MEDIUM B CORRECTIONAL CENTRE	43
	SEVONTEIN CORRECTIONAL CENTRE	277
	WATERVAL	584
	EKUSENI CORRECTIONAL CENTRE	127
	NEWCASTLE CORRECTIONAL CENTRE	91
	UTRECHT CORRECTIONAL CENTRE	25
	WATERVAL MEDIUM A CORRECTIONAL CENTRE	182
	WATERVAL MEDIUM B CORRECTIONAL CENTRE	159
LIMPOPO PROVINCE	POLOKWANE	399
	MODIMOLLE CORRECTIONAL CENTRE	128
	POLOKWANE CORRECTIONAL CENTRE	222
	TZANEEN CORRECTIONAL CENTRE	49
	THOHOYANDOU	483
	LOUIS TRICHARDT(MAKHADO) CORRECTIONAL CENTRE	146
	THOHOYANDOU FEMALE CORRECTIONAL CENTRE	69
	THOHOYANDOU MEDIUM A CORRETIONAL CENTRE	197
	THOHOYANDOU MEDIUM B CORRECTIONAL CENTRE	71
MPUMALANGA PROVINCE	BARBERTON	868
	BABERTON MEDIUM A CORRECTIONAL CENTRE	58
	BARBERTON MAXIMUM CORRECTIONAL CENTRE	224
	BARBERTON MEDIUM B CORRECTIONAL CENTRE	174
	BARBERTON TOWN CORRECTIONAL CENTRE	141
	LYDENBURG CORRECTIONAL CENTRE	35
	NELSPRUIT CORRECTIONAL CENTRE	236
	BETHAL	512
	BETHAL CORRECTIONAL CENTRE	139
	ERMELO CORRECTIONAL CENTRE	95
	GELUK CORRECTIONAL CENTRE	18
	PIET RETIEF CORRECTIONA CENTRE	60
	STANDERTON MEDIUM A CORRECTIONAL CENTRE	87
	STANDERTON MEDIUM B CORRECTIONAL CENTRE	61
	VOLKSRUST CORRECTIONL CENTRE	52
	WITBANK	531
	BELFAST CORRECTIONAL CENTRE	23
	CAROLINA CORRECTIONAL CENTRE	30
	MIDDELBURG CORRECTIONAL CENTRE(LMN)	109
	WITBANK CORRECTIONAL CENTRE	369
NORTH WEST PROVINCE	KLERKSDORP	522
	CHRISTIANA CORRECTIONAL CENTRE	44
	KLERKSDORP CORRECTIONAL CENTRE	228
	POTCHEFSTROOM CORRECTIONAL CENTRE	196
	WOLMARANSTAD CORRECTIONAL CENTRE	54
	ROOIGROND	425
	LICHTENBURG CORRECTIONAL CENTRE	67
	MAFIKENG CORRECTIONAL CENTRE	54
	ROOIGROND MED B CORRECTIONAL CNTRE	86
	ROOIGROND MEDIUM A CORRECTIONAL CENTRE	174
	ZEERUST CORRECTIONAL CENTRE	44
	RUSTENBURG	617
	BRITS CORRECTIONAL CENTRE	41
	LOSPERFONTEIN CORRECTIONAL CENTRE	212
	MOGWASE CORRECTIONAL CENTRE	155
	RUSTENBURG CORRECTIONAL CENTRE	148
	RUSTENBURG JUVENILE CORRECTIONAL CENTR	61
NORTHERN CAPE PROVINCE	COLESBERG	220
	COLESBERG CORRECTIONAL CENTRE	77
	DE AAR CORRECTIONAL CENTRE	77
	HOPETOWN CORRECTIONAL CENTRE	24
	RICHMOND CORRECTIONAL CENTRE	18
	VICTORIA-WEST CORRECTIONAL CENTRE	24
	KIMBERLY	764
	BARKLY-WEST CORRECTIONAL CENTRE	36
	DOUGLAS CORRECTIONAL CENTRE	108
	KIMBERLEY CORRECTIONAL CENTRE	244
	TSWELOPELE CORRECTIONAL CENTRE	376
	UPINGTON	346
	KURUMAN CORRECTIONAL CENTRE	101
	SPRINGBOK CORRECTIONAL CENTRE	35
	UPINGTON CORRECTIONAL CENTRE	210
WESTERN CAPE PROVINCE	ALLANDALE	416
	ALLANDALE CORRECTIONAL CENTRE	185
	HAWEQUA CORRECTIONAL CENTRE	81
	OBIQUA CORRECTIONAL CENTRE	79
	STAART VAN PAARDEBERG CORRECTIONAL CENTRE	71
	BRANDVLEI	573
	BRANDVLEI JUVINILE CORRECTIONAL CENTRE	97
	BRANDVLEI MAXIMUM CORRECTIONAL CENTRE	214
	BRANDVLEI MEDIUM B CORRECTIONAL CENTRE	84
	BRANDVLEI MEDIUM CORRECTIONAL CENTRE	178
	BREEDE RIVIER(WORCESTER)	475
	BREEDE RIVIER FEMALE CORRECTIONAL CENTRE(WORCESTER	56
	BREEDE RIVIER(MALES)CORRECTIONAL CENTRE(WORCESTER)	141
	DWARSRIVIER CORRECTIONAL CENTRE	75
	ROBERTSON CORRECTIONAL CENTRE	90
	WARMBOKKEVELD CORRECTIONAL CENTRE	113
	DRAKENSTEIN	553
	DRAKENSTEIN MAXIMUM CORRECTIONAL CENTRE	171
	DRAKENSTEIN MED A CORRECTIONAL CENTRE	198
	DRAKENSTEIN MED B(YOUTH)CORRECTIONAL CENTRE	135
	STELLENBOSCH CORRECTIONAL CENTRE	49
	GEORGE	688
	BEAUFORT-WEST CORRECTIONAL CENTRE	41
	GEORGE CORRECTIONAL CENTRE	219
	KNYSNA CORRECTIONAL CENTRE	84
	LADISMITH CORRECTIONAL CENTRE(WC)	28
	MOSSELBAY CORRECTIONAL CENTRE	119
	OUDTSHOORN MEDIUM A CORRECTIONAL CENTRE	116
	OUDTSHOORN MEDIUM B CORRECTIONAL CENTRE	27
	PRINCE ALBERT CORRECTIONAL CENTRE	24
	UNIONDALE CORRECTIONAL CENTRE	30
	GOODWOOD	345
	GOODWOOD CORRECTIONAL CENTRE	345
	HELDERSTROOM(OVERBERG)	527
	BUFFELJAGSRIVIER CORRECTIONAL CENTRE	66
	CALEDON CORRECTIONAL CENTRE	71
	HELDERSTROOM MAXIMUM CORRECTIONAL CENTRE	174
	HELDERSTROOM MEDIUM CORRECTIONAL CENTRE	216
	MALMESBURY	346
	RIEBEECK-WEST CORRECTIONAL CENTRE	51
	WEST COAST MED A(MALMESBURY)CORRECTIONAL CENTRE	230
	WEST COAST MED B(MALMESBURY)CORRECTIONAL CENTRE	65
	POLLSMOOR	1120
	POLLSMOOR FEMALE CORRECTIONAL CENTRE	150
	POLLSMOOR MAXIMUM CORRECTIONAL CENTRE	389
	POLLSMOOR MED A CORRECTIONAL CENTRE	244
	POLLSMOOR MED B CORRECTIONAL CENTRE	204
	POLLSMOOR MED C CORRECTIONAL CENTRE	133
	VOORBERG	579
	CALVINIA CORRECTIONAL CENTRE	29
	VAN RHYNSDORP CORRECTIONAL CENTRE	103
	VOORBERG MED A CORRECTIONAL CENTRE	147
	VOORBERG MED B CORRECTIONAL CENTRE	300
GRAND TOTAL	30296