Questions and Replies

Reply:

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

Financial Year	Expenditure              R’000
2018/19	244 573
2019/20 As at 31 August 2019	111 553
Total Spent	356 127

 

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

 

Reply:

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

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

Economic Classification	Expenditure 2018/19	Expenditure 2019/20
Compensation of Employees	R205 838	-
Goods and Services (Legal Advisory Services)	R6 908 582	R991 692
Machinery and Equipment	-	-
Total SARS Commission	R7 114 421	R991 692

Reply:

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

Financial Years	2014/15	2015/16	2016/17	2017/18	2018/19
Number of cases (prosecutions) finalised including ADRM
National	503 463	477 802	505 376	494 815	425 778
District Courts	465 834	442 371	470 055	460 598	394 335
Regional Courts	36 651	34 419	34 257	33 246	30 477
High Courts	978	1 012	1 064	971	966
Number of cases (prosecutions) finalised with a verdict (convictions and acquittals)
National	319 149	310 850	341 360	335 161	276 309
District Courts	284 741	278 006	308 688	303 353	247 342
Regional Courts	33 430	31 832	31 608	30 837	28 001
High Courts	978	1 012	1 064	971	966
Number of Convictions
National	294 608	289 245	321 190	317 475	260 456
District Courts	268 127	263 377	295 013	291 609	236 705
Regional Courts	25 591	24 958	25 209	24 976	22 882
High Courts	890	910	968	890	869

Reply:

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

A. Department of Justice and Constitutional Development

(aa) Cleaning

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

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

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

(bb) Security Services

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

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

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

 

GUARDING SERVICES
SERVICE PROVIDER	2017/18 AMOUNT PAID (R'000)	2018/19 AMOUNT PAID (R'000)	TOTAL PAID (R'000)
Tyeks Security Services	10 186	10 187	20 373
Mabotwane Security Services	99 208	71 329	170 537
Fidelity Security Services	221 963	225 565	447 528
Mcc Security Services	75 163	108 679	183 843
Jackcliffy Trading	115 770	120 118	235 888
Tshedza Protective Service	43 133	39 719	82 853
Office of the Chief Justice (Upgrading of Private Security for Judges)	0	534	534
Total	565 424	576 131	1 141 555

CASH IN TRANSIT
SERVICE PROVIDER	2017/18 AMOUNT PAID (R'000)	2018/19 AMOUNT PAID (R'000)	TOTAL PAID (R'000)
Fidelity Cash Solutions	22 996	19 558	42 553
Office Of The Chief Justice	542	0	542
Total	23 538	19 558	43 096

MAINTENANCE AND REPAIRS EXPENDITURE
SERVICE PROVIDER	2017/18 AMOUNT PAID R'000	2018/19 AMOUNT PAID R'000	TOTAL PAID R'000
Global Technology Systems	94 097	121 177	215 274
Isecure Digital	1 723	1 736	3 459
R And D Screening Technologies	447	0	447
Mutual Safe & Security	5	0	5
Smiles Keycraft	1	0	1
Sysman Public Safety Systems	4	0	4
Total	96 277	122 913	219 190

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

685 239

718 602

1 403 840

B. National Prosecuting Authority

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

2017/18

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

2018/19

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

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

C. Special Investigation Unit

a) The SIU has spent as follows:

No.	Description	2017/18	2018/19
(aa)	Cleaning Services	R1 502 063.18	R1 414 797.04
(bb)	Security Services	R320 888.45	R547 076.24
(cc)	Gardening Services	None, as it is included on the operating costs that are paid to landlords for office accommodation.

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

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

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

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

D. Legal Aid South Africa

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

Total amounts paid to each of the service providers:
No.	Description	2017/18	2018/19
(aa)	Cleaning Services	R7 651 319	R8 459 042
(bb)	Security Services	R2 198 512	R2 342 609
(cc)	Gardening Services	No costs were incurred for gardening services.

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

E. The Office of the Chief Justice

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

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

Reply:

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

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

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

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

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

2. There were no gifts distributed to the guests.

Reply:

We wish to reply to the Honourable Member as follows:

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

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

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

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

Reply:

I have been informed by the NDPP as follows:

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

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

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

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

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

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

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

Reply:

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

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

JOB TITLE	LEVEL	REMUNERATION	QUALIFICATION/S	JOB DESCRIPTION
Chief of Staff	14	R1 251 183.00	Snr Certificate, B Com Accounting and Postgraduate Diploma in Business Management.	Manage, create and maintain systems and procedures for tracking and following up on all correspondence related to the portfolio of the executing authority. Co-ordinate and ensure the compliance with requests and instructions from the executing authority, including the elimination of unnecessary duplication of activities and serve as the main link between the office of the executing authority and the institutions falling under the portfolio of the executing authority. Providing content support to the executing authority regarding Cabinet matters, meetings, conferences and documents received from the institutions falling under the portfolio of the executing authority. Ensure that the executing authority timeously receives the correct documentation and briefing notes for meetings. Responsible for strategic planning, human resource and financial management in the office of the executing authority. Ensure strategic leadership and co-ordination of communication with the media on activities pertaining to the portfolio of the executing authority. Conduct research and manage special projects on request of the executing authority. Follow and be guided by all instructions as prescribed in the ministerial handbook. Oversee the management and maintenance of the executing authority’s official residence through liaison with Public Works. Manage VIP Security through liaison with Commissioners at SAPS.
Administrative Secretary	13	R1 057 326.00	Snr Certificate, Public Management	Ensure timeous acknowledgement and appropriate referral of all EA’s correspondence. Oversee administrative correspondence to assist the EA with her/his administration. Assist the EA with the preparation of briefing notes, memoranda (confidential and highly confidential) and other documentation required by the EA, through inter alia: Edit and comment where necessary on submissions prior to submitting to EA. Provide content direction and input to enquiries made to the EA. Facilitate, and ensure the distribution of Cabinet memoranda/ submissions to the Cabinet, the legislature and/or various standing/ portfolio committees to ensure that key issues are adhered to. Liaise with heads of components in the Department, external and internal clients, service providers, other governments, and other Departments to co-ordinate the activities of the EA and its Office. Manage all administrative activities in the office of the EA through inter alia-The management and maintaining of work flow systems in EA’s office, including tracking and monitoring of work. Ensure that registry, filling and document management systems are maintained effectively. Ensure that staff is able to operate administrative systems through continuous training. Ensure maintenance of office equipment. Manage all procurement and logistical support within the Office of the EA to ensure that an effective support service is rendered to the EA. Brief the Chief of Staff on matters pertinent to the EAs portfolio on the agenda of the Cabinet to ensure that the EAs prepared regarding all issues affecting the department.
Parliamentary and Cabinet Support	13	R1 057 326.00	Snr Certificate, National Diploma Public Management	To monitor events in Parliament, as well as represent the Department in Parliament. To monitor Parliamentary question papers (i.e. identifying questions addressed to the Minister, especially those that impact in his/her functional terrain, ensuring that the responses are done in a format prescribed by Parliament and tabling of the approved responses in Parliament). To monitor the meetings of committees of houses of Parliament relevant to the Departmental portfolio. To act as a link and/ or facilitate the movement of information between Parliament, the Department and the Ministry. Conduct personal liaison with officers of the department, other departments, MPs, MEC’s, ministries and other organizations on departmental/functional matters. Compile secret documents and cabinet memoranda and ask for comments from the department. Handle draft acts, prepare documents, and keep a register thereof. Make and receive telephone calls on general parliamentary and departmental matters. Maintain the filing system of secret documents and cabinet memoranda and control the safekeeping thereof. Control the overall packing and dispatching of official documents and equipment for the parliamentary session and the recess, and manage the movement of equipment and households to and from Cape Town. Follow current affairs and bring relevant information to the attention of the Executing Authority. Provide support to the department in respect of key parliamentary events, such as the budget vote.
Media Liaison Officer/Spokesperson	13	R1 057 326.00	Snr Certificate, B. Law	Develop, implement and manage an effective media liaison service. Liaison with the media on subjects, conditions and events of the department through different mediums of communication to market the activities of the Executing Authority. Liaison with the communication component of the department to ensure co-ordination and alignment with the political priorities and programs of the Executing Authority. Monitor public attitudes in order to plan and execute actions to project a positive image of the office of the Executing Authority/department. Monitor media reports to ensure that the Executing Authority is well informed on current affairs that impacts on the department. Write speeches for the Executing Authority for all events. Issue media statements and press releases for purposes of communicating departmental information to the public on behalf of the Executing Authority.
Parliamentary Officer	11	R733 257.00	Snr Certificate, National Diploma, B-Tech Public Management	To monitor events in Parliament, as well as represent the Department in Parliament. To monitor Parliamentary question papers (i.e. identifying questions addressed to the Minister, especially those that impact in his/her functional terrain, ensuring that the responses are done in a format prescribed by Parliament and tabling of the approved responses in Parliament). To monitor the meetings of committees of houses of Parliament relevant to the Departmental portfolio. To act as a link and/ or facilitate the movement of information between Parliament, the Department and the Ministry. Conduct personal liaison with officers of the department, other departments, MPs, MEC’s, ministries and other organizations on departmental/functional matters. Compile secret documents and cabinet memoranda and ask for comments from the department. Handle draft acts, prepare documents, and keep a register thereof. Make and receive telephone calls on general parliamentary and departmental matters. Maintain the filing system of secret documents and cabinet memoranda and control the safekeeping thereof. Control the overall packing and dispatching of official documents and equipment for the parliamentary session and the recess, and manage the movement of equipment and households to and from Cape Town. Follow current affairs and bring relevant information to the attention of the Executing Authority. Provide support to the department in respect of key parliamentary events, such as the budget vote.
Appointments/Private Secretary	12	R869 007.00	N2 Business Studies, N4 Human Resource Management	Manage the diary of the Executing Authority, which include: reception of visitors; the arrangement of appointments, interviews and appearances; and the compiling of programmes of appointments and journeys. Assist the Executing Authority with logistical arrangements, which include: handling of travel and accommodation arrangements; provision and maintenance of office and living accommodation and furniture; and making arrangements for movements to attend meetings. Assist the Executing Authority with executive obligations, which include: the requesting, receiving and checking of documents for meetings, draft replies, speeches and comments; the arrangement for placement of items on the agendas of meetings, and circulation of accompanying memoranda including Cabinet memoranda to other ministries; the monitoring of order-papers, lists of questions and minutes of the relevant executing authority; the collection of replies to questions; and accompanying the Executing Authority to official functions and on official journeys. Assist the Executing Authority with representative obligations, which include: the arrangement of absence from meetings; taking care of enquiries and representations from members of the public; making arrangements for the attendance of meetings and other gatherings; taking care of accompanying correspondence and records; and accompanying the Executing Authority on visits. Assist the Executing Authority with constituency work, which include: support with party political activities; and liaise with constituency. Assist the Executing Authority with diverse private obligations of a routine nature. Liaise with Parliament, stakeholders and constituency. Supervise Assistant Appointment Secretary (if there is any).
Assistant Appointments and Administrative Secretary	10	R758 537.50	Snr Certificate, B. Accounting	Assist the Appointments and/ or Administrative Secretary to manage the diary of the Executing Authority, which include: the arrangement of interviews, appointments and appearances; the reception of visitors; the arrangement of admission to the Executing Authority; the compiling of programs of appointments and journeys; and taking care of accompanying correspondence. Assist the Appointments and/ or Administrative Secretary with logistical matters, which include: handling of travel and accommodation arrangements; provision and maintenance of office and living accommodation and furniture; making arrangements for movements to attend meetings; and handle arrangements for meetings. Maintain an efficient filling system. Attend to correspondence in the office of the executing authority. Liaise with Parliament, stakeholders and constituency in consultation with the Appointment Secretary. Assist the Executing Authority with his/her personal matters to enable her/him to attend to her/his other duties.
Driver/Messenger	5	R237 973.10	Grade 10–	Collect mail and documents from and to the department. Collect and deliver correspondence/parcels for the Executing Authority at various collection and distribution points. Provide a transport service for the office of the Executing Authority. Maintenance of the vehicle.
Registry	7	R368 909.50	Snr Certificate, B-Tech Public Management	Maintain the electronic correspondence management register. Record keeping of all documentation (correspondence and submissions) processed and received in the office of the EA to ensure an efficient and effective flow of information. Ensure the updating and safekeeping of the filing system to ensure easy access to information. Ensure that all documents are filled in accordance to the prescripts of the National Archives Act and the Ministerial filling system. Draft reply of acknowledgement to all letters received. Assist with the distribution of Cabinet/Executive Council Memoranda. Control stocks and stationary as chief user clerk for the EA’s office.

Department of Correctional Services

01 May 2019

No.	Job Title	Salary level	Remuneration	Qualification
1.	Special Projects and Stakeholder Relations	13	R1 183 932	National Senior Certificate B comm
2.	National Council on Correctional Services (NCCS)	13	R 1 017 972.00	National Senior Certificate BA Bachelor of Laws
3.	Parliamentary Officer	11	R733 257	National Diploma : Public Management B-Tech Public Management
4.	Personal Assistance	10	R470 040	National Senior Certificate
5.	Registry Clerk	07	R257 508	National Senior Certificate
6.	Driver	05	R173 703	National Senior Certificate

Office of the Deputy Minister

No.	Job Title	Salary level	Remuneration	Qualification
1.	Head of Office	13	R1 183 932	Certificate of exemption Lower Diploma in Library and Information Science(UWC) MA: International Studies (Stellenbosch University) MA International Politics (University de Paris XI)
2.	Technical Specialist	13	R1 183 932	Matric Master of Management Diploma in Labour Law
3.	Private Secretary	12	R869 007	National Senior Certificate BA in Philosophy Post graduate dip in Personnel Management
4.	Parliamentary Cabinet Liaison	12	R869 007	National Senior Certificate ND Public Management
5.	Community Outreach Officer	11	R733 257	National Senior Certificate B Admin (University of Transkei) Postgraduate Dip in Social Research Methods
6.	Secretary/ Receptionist	07	R303 339	National Senior Certificate ND Administrative Management
7.	Registry Clerk	07	R257 508	National Senior Certificate
8.	Messenger Driver	05	R173 703	National Senior Certificate
9.	2X Domestic Workers	03	R122 595	No Matric

Reply:

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

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

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

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

1. ABSA vs Mokebe

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

2. Std. Bank vs Hendricks

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

Reply:

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

Reply:

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

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

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

 

NW1100E

Reply:

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

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

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

Reply:

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

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

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

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

Province	DoJ&CD Intermediaries as at 31 Mar 2019	DSD Intermediaries	Total
	Court Intermediaries	Assistant Director Intermediaries	Ad Hoc Intermediaries
Eastern Cape	16	1	-	-	17
Free State	10	-	3	2	15
Gauteng	12	1	27	16	56
KwaZulu-Natal	34	-	1	2	37
Limpopo	17	1	-	-	18
Mpumalanga	14	-	2	-	16
Northern Cape	9	-	-	-	9
North West	18	1	-	2	21
Western Cape	23	-	3	2	28
Total	153	4	36	24	217

b) What courts do the intermediaries serve?

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

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

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

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

CASES WHERE INTERMEDIARY SERVICES WERE RENDERED: 2018/2019
Province	Sexual Offences	Children’s court
	Child Witnesses	Child Victims	Mentally Disabled Witnesses	Mentally Disabled Victims	Witnesses	Victims	Total
EC	787	1 894	3	105	43	62	2 894
FS	451	890	1	5	54	64	1 465
GP	603	2 114	-	9	16	20	2 762
KZN	392	1 912	2	51	5	16	2 378
LIMP	269	640	6	15	21	23	974
MP	329	1 150	1	13	11	11	1 515
NW	198	585	1	11	61	30	886
NC	216	715	1	16	39	19	1 006
WC	340	915	4	17	4	8	1 288
TOTAL	3 585	10 815	19	242	254	253	15 168

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

d) What languages are the intermediaries proficient in?

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

Province	English	Afrikaans	Setwana	Sesotho	Isizulu	Siswati	Isixhosa	Isindebele	Tshivenda	Sepedi	Xitsonga
EC	216	70	1	27	50	0	257	5	0	0	1
FS	37	25	12	76	11	0	16	0	0	0	1
GP	116	73	72	84	172	6	89	9	17	77	33
KZN	209	9	0	11	275	0	74	0	0	0	1
LIMP	84	4	15	12	17	8	1	7	14	97	24
MPUM	55	10	5	6	63	39	0	23	0	44	11
NC	58	34	94	25	7	0	3	1	1	12	2
NW	55	97	75	0	0	0	22	0	0	1	1
WC	115	147	1	0	2	0	103	0	0	0	0
TOTAL	945	469	275	241	597	53	565	45	32	231	74

Reply:

The responses are presented on the below table:

Court	Number of Judges  who have left the Judicial system			Number of Judges who have entered the Judicial system
Constitutional Court	4	-	-	-
Supreme Court of Appeal	8	-	2	-
Northern Cape Division (Kimberley)	2	-	-	1
Eastern Cape Division  (Grahamstown)	1	-	1	2
Eastern Cape Local Division (Port Elizabeth)	2	-	-	1
Eastern Cape Local Division (Bisho)	-	-	1	1
Eastern Cape Local Division (Mthatha)	2	-	-	2
Western Cape Division (Cape Town)	6	-	-	8
North West Division (Mahikeng)	1	1	-	1
Free State Division (Bloemfontein)	3	-	1	9
Gauteng Division (Pretoria)	7	1	2	12
Gauteng Local Division (Thohoyandou)	10	-	1	11
Limpopo Local Division	-	-	-	-
Limpopo Division (Polokwane)	-	-	-	4
Mpumalanga Division (Nelspruit)	-	-	-	-
KwaZulu-Natal Division (Pietermaritzburg)	2	-	-	4
KwaZulu- Natal Local Division (Durban)	-	-	1	6
Labour Court	-	-	1	6
Total	48	2	10	65

 

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

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

Reply:

1.The table below provides details of the appointments Senior Management Service (SMS) Members of the Department of Justice and Constitutional Development (DoJ&CD).

Name	a) Total number of (i) and (ii)	b) Total number of Women in each
	Deputy Directors- General	Chief Directors	Deputy Directors-General	Chief Directors
	Acting	Permanent	Acting	Permanent
DoJ&CD	4	4	2	30	5	15

2. Tables 1 and 2 table below provide details of the appointments of SMS Members of the entities reporting to me:

TABLE 1: SMS Members in the NPA are appointed in terms of two (2) dispensations, i.e. The Public Service Act

and NPA Act, as tabulated below:

Name	a) Total number of (i) and (ii)	b) Total number of Women in each
	Directors of Public Prosecutions and Special Directors of Public Prosecutions (NPA Act)	Chief Directors (Public Service Act)	Directors of Public Prosecutions and Special Directors of Public Prosecutions (NPA Act)	Chief Directors (Public Service Act)
	Acting	Permanent	Acting	Permanent
NPA	5	8	3	4	4	3

TABLE 2: Legal Aid South Africa and Special Investigating Unit

Name	a) Total number of (i) and (ii)	b) Total number of Women in each
	Chief Executive Officers	Executive Directors	Chief Executive Officers	Executive Directors
Legal Aid South Africa	1	15	1	5
Special Investigating Unit	1	7	0	2

Office of the Chief Justice

1. The responses to question 1 are presented in the table below:

(i) Total Number of Deputy Directors- General	(aa) Number of Deputy Directors General in acting capacity	(bb) Number of Deputy Directors- General in permanent capacity	Number of women in each case
Contract	0	0	(a) DDG- 01 (aa) DDG Acting= 00 (bb)DDG Permanent= 00
(ii) Total Number of Chief Directors	(aa) Number of Chief Directors in acting capacity	(bb) Number of Chief Directors in permanent capacity	Number of women in each case
4 Permanent and 1 Contract	2	4	(aa) Chief Directors Acting= 00 (bb) Chief Directors Permanent

2. The Office of hte Chief Justice does not have any entities reporting to it, therefore, the question is not applicable in this regard.

Department of Correctional Services:

The information below is as at 05 September 2018:

The structure of the Department has a total of 14 approved Deputy Directors-General (DDGs) / Chief Deputy Commissioners (CDCs)

(1)(a)(i)(aa) Currently there are four (04) acting Deputy Directors-General (DDGs);

(1)(a)(i)(bb) The total number of permanent DDGs is ten (10).

(1)(b) The total number of women in acting capacity is three (3), and the total number of permanent women is three (3).

(a)(ii)(aa) The total number of acting Chief Directors is five (5).

(a)(ii)(bb) The total number of permanent Chief Directors is twenty six (26).

(1)(b) The total number of females acting is zero (0), and the total number of permanent females is ten (10)

2(a)(i) One (1)Chief Executive Officer is employed under Judicial Inspectorate for Correctional Services (JICS).

2(a)(ii) Not applicable.

2(a)(ii) None.

Reply:

a) The following number of offenders were released per financial year:

Financial year: 2015/2016
Province	Sentence Expiry	Parole
EASTERN CAPE PROVINCE	1590	1733
FREE STATE PROVINCE	1656	1751
GAUTENG PROVINCE	3992	4371
KWAZULU/NATAL PROVINCE	3328	3847
LIMPOPO PROVINCE	328	334
MPUMALANGA PROVINCE	1042	1124
NORTH WEST PROVINCE	1110	1227
NORTHERN CAPE PROVINCE	553	564
WESTERN CAPE PROVINCE	7483	7840

Financial year: 2016/2017
Province	Sentence Expiry	Parole
EASTERN CAPE PROVINCE	2059	2215
FREE STATE PROVINCE	1851	1947
GAUTENG PROVINCE	5192	5648
KWAZULU/NATAL PROVINCE	4377	4886
LIMPOPO PROVINCE	355	358
MPUMALANGA PROVINCE	1520	1621
NORTH WEST PROVINCE	1488	1617
NORTHERN CAPE PROVINCE	871	882
WESTERN CAPE PROVINCE	10844	11232

Financial year: 2017/2018
Province	Sentence Expiry	Parole
EASTERN CAPE PROVINCE	1863	1962
FREE STATE PROVINCE	1761	1850
GAUTENG PROVINCE	5733	6230
KWAZULU/NATAL PROVINCE	4613	5135
LIMPOPO PROVINCE	342	343
MPUMALANGA PROVINCE	1405	1505
NORTH WEST PROVINCE	1773	1930
NORTHERN CAPE PROVINCE	896	899
WESTERN CAPE PROVINCE	9592	9992

b) As at the expiration of the two (2) year transitional arrangements period since promulgation of the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013 in January 2017, of the 114 709 Schedule 8 offenders in correctional centres then, a total of 43 717 sample reference numbers of such offenders were captured in the Admission and Release System of the Department of Correctional Services (DCS).

It should be noted that taking of samples and reporting on DNA samples taken, is the obligation of the South African Police Service (SAPS) as they also keep the source documents of samples taken, for among others, audit purposes.

Capturing of the Buccal Kit Sample Reference numbers by the DCS is for purpose of reporting offenders due for release to SAPS in order for their samples to be taken prior to release and to avoid subjecting offenders to the same procedure twice.

Reply:

The Honourable Member is requested to obtain information of each person granted amnesty by the Truth and Reconciliation Commission on the following link: http://www.justice.gov.za/trc/.

Reply:

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

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

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

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

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

1.  NEW BEGINNINGS

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

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

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

3. CROSS ROADS

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

4. RESTORATIVE JUSTICE ORIENTATION

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

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

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

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

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

7. BEHAVIOUR MODIFICATION PROGRAMME ON GANGSTERISM

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

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

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

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

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

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

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

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

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

12. A Correctional Programme for female offenders

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

Sub- Programme1 of 4: General Life Skills

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

Sub-Programme 2 of 4: Relationships

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

Sub-Programme 3 of 4: Addictive Behaviour

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

Sub-Programme 4 of 4: Career Building

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

13. PRE-RELEASE

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

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

SOCIAL WORK SERVICES

• Anger Management Programme

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

• Sexual Offender Treatment Programme

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

• Substance Abuse Programme

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

• Substance Abuse Programme

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

• Youth Resilience Enhancement Programme

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

• Cool and Fit for Life (Youth Programme)

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

• Elderly Offender Programme

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

• Sisonke Family and Marriage Care Programme

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

• Parenting Skills Programme

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

SPIRITUAL CARE

• Anger management programme

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

• Pre-release programme

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

• Family firm foundation

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

• Igugulethu our treasure

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

• Self-image

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

• Heartlines programmes

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

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

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

• Phomolo life steps

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

• Pitso-imbizo reconciliation

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

FORMAL EDUCATION

Formal Education offer the following programmes:

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

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

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

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

SKILLS DEVELOPMENT

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

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

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

PRODUCTION WORKSHOPS AND AGRICULTURE

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

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

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

Production Workshop and Agriculture	2010/ 2011	2011/ 2012	2012/ 2013	2013/ 2014	2014/ 2015	2015/ 2016	2016/ 2017	2017/ 2018
Production Workshops	1 693	1 608	1 515	1 690	1 690	1 817	1 765	1 547
Agriculture	2 906	3 215	3 110	3 281	3 276	3 108	3 268	3 308

Development opportunities in Agriculture:

Item No.	Type of Enterprise/ activities
1.	Vegetable production (21 farms and 115 small sites)
2.	Fruit production (13 farms)
3.	Milk production (17 farms)
4.	Red meat production - Beefers (19 farms) - Small stock (5 farms)
5.	Poultry- broilers (3 farms) and layers (7 farms)
6.	Abattoirs: Red meat (17 farms) and white meat (3 chicken farms)
8.	Piggeries (15 farms)

Development opportunities in Production Workshops:

Item No.	Type of Facility	Products range	Trades / Activities
	Wood Production (10 workshops).	Office Furniture Products. School equipment. Recreational equipment. Various wood products. Repair/rehabilitation of office furniture & wood products.	Cabinet making. Wood machining. Upholstery. Furniture polishing.
	Steel Production (10 workshops).	Security equipment. Cell equipment. Kitchen and dining equipment. Rehabilitation of steel equipment. Agriculture equipment. Various steel products.	Welding. Plate metal work. Fitting & turning. Spray painting and powder coating. Sign-writing Jig tool and die making
	Textile Production (19 workshops).	Offender uniform. Offender bedding. Various products, i.e. property bags.	Garment manufacturing.
	Bakeries (9 bakeries).	Bread	Craft bread baking.
	Shoe factory (1 shoe factory).	Offender Shoes (male)	Shoe manufacturing.
	Prison Locks –manufacturing workshop	Prison locks, locks for courts, South African Police Services and Mental Institutions (for Department of Health).	Locksmith
	Printing workshops	Printing of the signage.	Graphic Designer

SPORTS, RECREATION, ARTS AND CULTURE

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

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

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

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

Ongoing Crime Prevention Programme: Stories behind bars

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

Reply:

(a)(i) Total number of prisoners currently enrolled for High School Education is 1519.

(a)(ii) The total number of prisoners registered for university studies is 291

(b)

TOTAL NATIONAL SENIOR CERTIFICATE (new CAPS Curriculum) 14 FULL TIME SCHOOLS AND KUTAMA SINTHUMULE
	Male	Female	Juvenile	TOTAL
Grade 9	0	0	40	40
Grade 10	165	0	191	356
Grade 11	106	0	134	240
Grade 12	123	0	77	200
Grand Total	394	0	442	836

TOTAL AMENDED SENIOR CERTIFICATE (part time) OLD SYLLABUS SITTING FOR EXAMS IN MAY - JUNE 2018
Male	Female	Juvenile	TOTAL
615	27	41	683

The following are the fields of study for each prisoner studying per region:

FREE STATE AND NORTHERN CAPE REGION (Total 41)

FIELD OF STUDY OF EACH PRISONER	TOTAL
Safety Management	1
Literally Legum Baccalaureus (LLB)	5
Journalism	1
Safety Health & Environment Representative Certificate	1
Safety Health & Environment Representative Certificate	1
Radio Broadcast	1
Diploma In Project Management	1
Diploma In Computer & Information Systems	1
B.Com Accounting	1
Degree In Economics	1
Small Business Management	1
Diploma In Business Management	1
Risk Management	2
BA Criminology	1
Diploma In Policing	1
Higher Certificate In Financial Business Management	1
Degree In Entrepreneurship	1
Paralegal Studies	1
Diploma In Health & Safety	1
Bachelor Of Commerce In Law	1
Higher Certificate In Business	1
Public Management	1
Web Design	1
Business Management	2
Public Management	1
Higher Certificate In Marketing	1
Higher Certificate In Law	2
Higher Certificate In Adult Basic Education & Training	1
Economic Management Science	1
Information Technology	1
African Political Economic	1
Bachelor of Business Admin (BBA)	1
Diploma In Public Relation	1
Dentist Technology	1

LIMPOPO. MPUMALANGE AND NORTH WEST REGION (Total 62)

FIELD OF STUDY	TOTAL
BSC Computer Science	1
Junior Degree Public Administration	1
Psychology	1
Bachelor of Art Communication & Public Administration	1
Bachelor of Arts Psychology	2
Junior Degree Statistics and Computer Science	1
Junior Degree Environmental Management	1
Post graduate Philosophy	1
Post graduate Education	2
Diploma Marketing	1
Junior Degree Accounting	1
Bachelor of Commerce Marketing Management	2
BCOMPT Accounting Science	2
Honours in Education Management & Leadership	1
LLB Criminal Law	1
Post graduate Risk Management	1
Diploma Commerce	1
BSC & BA Environmental Management	1
Post graduate Retail Marketing and Merchandising	1
B A in (Health science and social Service)Psychological Counselling (Maximum)	4
Junior Degree Marketing management	1
Diploma in Law Paralegal	2
Post graduate Human Resource Management	1
Bachelor of Laws Attorney	2
Diploma Computer science	3
Diploma in Security Management Security Management	2
Diploma Music	1
Diploma Engineering	1
Higher Certificate Economics Management Science	1
Bachelor of Arts Communication Science	1
Bachelor of Arts Communication	1
Post graduate Information Resource Management	1
Junior Degree LLB	2
Junior Degree Criminology	1
Diploma Accounting Science	1
Higher Certificate Life and Environmental sciences	5
Higher Certificate Accounting Science	1
Bachelor of Education Intermediate & Senior Phase	1
Junior Degree Psychology	1
Diploma in Law Paralegal	1
Diploma Mathematics and Science	1
Bachelor of Commerce	1
Diploma in Security Management	1
Bachelor of Business Strategy	1
Higher Certificate Economic and Management Science	1

EASTERN CAPE REGION (Total 13)

FIELD OF STUDY	TOTAL
Post Grad Certificate in Security Management	1
Degree in Statistics and Mathematics	1
Commercial Law	1
Psychology	1
Criminal Law	1
BCom Law	1
Diploma in ABET	1
Post Graduate certificate in Education (PGCE)	1
Diploma in Law	2
B.Com: Commercial Law	1
Project Management	1
Community Development	1

GAUTENG REGION (Total 61)

FIELD OF STUDY	TOTAL
Higher Certificate In Education	1
Literally Legum Baccalaureus (LLB)	9
BCom Transport & Logistics	1
Bachelor Of Administration	2
Diploma In Law	1
BA Business Admin	1
Certificate In Law	1
BCom Auditing	1
Master of Law (LLM)	3
Bachelor Of Commerce In Law	1
B.A. (Hons)	1
BA In Supply Chain	1
Bachelor of Commerce (BCom)	4
Computer Science	1
Business Management: Diploma	1
Bachelor of Accounting Science (BCompt)	2
ABET Certificate	1
Diploma Information Technology	1
BA Transport And Logistics	1
ABET Certificate	1
Diploma Safety Management	1
BCom  Generic	1
Hons Business Management	1
Higher Certificate in Law	1
Higher Certificate In Archives & Records	1
Masters Politics	1
Masters In Biblical Archaeology	1
PHD Religious Studies	1
MSC  Degree In Science Of Geology	1
Degree In Community Development	1
Diploma Agriculture Management	1
Diploma Retail	1
Bachelor of Science (BSC)	1
ECom	1
Degree In Administrative Management	1
BA Psychology	1
Master Of Commerce In Business Management (HRM)	1
Psyc /MCom	1
Higher Certificate In Social Work	1
Bachelor Of Accounting Sciences	1
Diploma Mining	1
Certificate Agriculture	1
Diploma In Human Resource	1
Certificate  In Community Journalism	1
Certificate Business Finance	1
Diploma In ABET	1

WESTERN CAPE REGION (Total 32)

FIELD OF STUDY	TOTAL
BCom. (Business Management)	1
Literally Legum Baccalaureus (LLB)	10
Bachelor of Education (Intermediate & Senior Phase)	1
Higher Certificate in ABET	1
Bachelor of Education (FET & Senior Phase)	1
Certificate: Human Resource Management	2
BCom. (Human Resource Management)	1
Hon. Bachelor of Education	1
B.Com Law	1
BA (Human & Social Studies)	1
Certificate: Marketing Management	1
Bachelor of Technology (Btech) Electrical Engineering	1
Diploma in Youth Development	1
Higher Certificate: Tourism Management	1
MSc. (Operations Research)	1
Higher Certificate: Economic & Management Science	1
BA (Communication Science)	1
Certificate: Risk Management	1
Diploma: Public Relations Management	1
BA - Art ( Computer generated media )	1
BA - Art (Health Science and Social Services: Psychological Counseling	1
BsC. Maths + Applied Maths	1

KWAZULU NATAL REGION (Total 82)

FIELD OF STUDY	TOTAL
Economic & Management Science (HC)	4
Program in Early Learning (SC)	3
Bachelor of Education (Degree)	2
Higher Certificate in ABET	9
Bachelor of Theology (Degree)	1
Economics and Management Science (HC)	1
Bcom Marketing (Degree)	3
Extended programme for college of education (Diploma)	1
Political Leadership & Citizen (Degree)	1
Hons Bachelor of Education (Degree)	2
Accounting Sciences (HC)	1
Bachelor of Science (Degree)	1
Literally Legum Baccalaureus (LLB)	5
Master of Education: Education Management and Leadership.	1
Islamic Finance, Banking and Law Programme (Higher Certificate) )	3
Bible Studies	1
Diploma in Community Development	1
Bachelor of Economics	1
Bachelor of Education Intermediates & Senior Phase	4
Accounting Science	1
Beauty Therapy	1
Creative Writing	1
Safety Management	2
Tourism Management	1
Paralegal Studies	1
Policing	1
Marketing Management	1
Electrical Engineering	2
IT Diploma	1
BA: Disaster & Safety Management	1
Social Work	1
BA: Community Development	1
BCOM Degree	1
BA: Govern Admin & Development	1
BCOM Business Management	1
Psychology	2
Master in Law (LLM)	1
Master of Business Studies	1
Bachelor of education senior phase & FET	5
Business Management	1
B Com Tourism	2
B Com Transport & logistics	1
Diploma Law	1
National Diploma in Marketing	1
Higher certificate law	4

Reply:

a) I have made a request to the President by means of issued a proclamation for the Special Investigating Unit (SIU) to investigate the said allegations.

The State Attorney`s Office is extermelly under-capacitaed in respect of human resources. Many cases were settled on teh door-steps of the court. It may have been a matter of skills and knowledge fo the law in respect of medical negligence cases. The investigation of the SIU will cover the manner of operation of officials in teh various institutions, namely teh State Attorney`s Offices, teh officials at teh courts, the Department of Health,the Attorneys in Private Prctice and the Advocates. The investigationwill study the case files and all its information to check actual information, the bills of cost and payments done in State Attorney`s offices.

Therefore, the DoJ&CD will only be in a better position to respond to this question once the SIU has finalised the investigation regarding the alleged fraudulent activities.

b) Oversight of files in offices is managed by way of file audits, performance management and stakeholder meetings. Management of files by individual attorneys, who are members of the Law Society governed by the relevant ethical rules, exercises oversight.

c) The establishment of the specialised units in offices is aimed at ensuring that there is improved and effective management and co-ordination of state litigation services.

Reply:

1. (a) As at July 2018, the Department of Justice and Constitutional Development (DoJ&CD) is dealing with 345 disputes that are currently at different stages, i.e. 276 Conciliation and Arbitration and 69 Labour Court Disputes. Table 1 provides details of Conciliation and Arbitration Disputes, and Table 2 provides details of Labour Court Disputes.

TABLE 1: Conciliation and Arbitration Disputes

Causes of Disputes	Nature of Disputes	(i) Date Reported	(ii) Date Finalised
Fraud	Unfair Dismissal	2015/05/05	Not Applicable
Performance Management System	Unfair Labour Practice	2017/01/17	2018/04/23
Performance Management System	Unfair Labour Practice	2017/01/17	2018/04/23
Performance Management System	Unfair Labour Practice	2017/01/17	2018/04/23
Performance Management System	Unfair Labour Practice	2017/01/17	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/01	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/01	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/01	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/01	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/01	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/21	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/21	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/21	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/21	2018/04/23
Performance Management System	Unfair Labour Practice	2017/02/21	2018/04/23
Promotion	Unfair Labour Practice	2017/02/24	Not Finalised
Performance Management System	Unfair Labour Practice	2017/02/20	2018/04/23
Performance Management System	Unfair Labour Practice	2017/05/10	2018/04/23
Performance Management System	Unfair Labour Practice	2017/05/30	2018/04/23
Employment Benefits	Unfair Labour Practice	2017/12/05	Not Finalised
Performance Management System	Unfair Labour Practice	2017/12/06	2018/04/23
Promotion	Unfair Labour Practice	2017/12/18	Not Finalised
Discrimination - Employment Equity Act	Unfair Labour Practice	2018/01/19	2018/05/30
Performance Management System	Unfair Labour Practice	2018/01/25	Not Finalised
Performance Management System	Unfair Labour Practice	2018/02/28	Not Finalised
Performance Management System	Unfair Labour Practice	2018/02/28	Not Finalised
Fraud	Unfair Labour Practice	2018/04/20	Not Finalised
Performance Management System	Unfair Labour Practice	2018/04/20	Not Finalised
Performance Management System	Unfair Labour Practice	2018/04/20	Not Finalised
Performance Management System	Unfair Labour Practice	2018/04/20	Not Finalised
Performance Management System	Unfair Labour Practice	2018/04/18	Not Finalised
Performance Management System	Unfair Labour Practice	2018/04/18	Not Finalised
Performance Management System	Unfair Labour Practice	2018/04/18	Not Finalised
Performance Management System	Unfair Labour Practice	2018/06/01	Not Finalised
Performance Management System	Unfair Labour Practice	2018/07/18	Not Finalised
Performance Management System	Unfair Labour Practice	2018/07/10	Not Finalised
Performance Management System	Unfair Labour Practice	2018/07/09	Not Finalised
Performance Management System	Unfair Labour Practice	2018/07/03	Not Finalised
Theft	Unfair Dismissal	2016/03/07	Not Finalised
Shortlisting	Interpretation & Application	2017/03/06	Not Finalised
Sexual Harassment	Interpretation & Application	2017/10/20	Not Finalised
Grade Progression	Interpretation & Application	2017/10/24	Not Finalised
Contract Employment – Termination	Unfair Dismissal	2018/01/22	Not Finalised
Acting Allowance	Interpretation & Application	2018/04/03	Not Finalised
Grade Progression	Interpretation & Application	2018/04/06	Not Finalised
Unfair Treatment	Interpretation & Application	2018/04/13	Not Finalised
Grade Progression	Interpretation & Application	2018/04/13	Not Finalised
Contract Employment – Termination	Unfair Dismissal	2018/06/15	Not Finalised
Acting Allowance	Interpretation & Application	2018/06/18	Not Finalised
Acting Allowance	Interpretation & Application	2018/06/21	Not Finalised
Grade Progression	Interpretation & Application	2018/06/22	2018/07/26
Theft	Unfair Dismissal	2014/08/18	Not Finalised
Theft	Unfair Dismissal	2014/08/18	Not Finalised
Theft	Unfair Dismissal	2014/08/18	Not Finalised
Theft	Unfair Labour Practice	2016/04/29	Not Finalised
Theft	Unfair Dismissal	2017/01/25	2018/07/01
Terms Of Employment	Unfair Dismissal	2017/06/30	Not Finalised
Leave – Unauthorised	Unfair Labour Practice	2017/10/03	Not Finalised
Collective Agreement - Implementation	Interpretation & Application	2018/02/12	2018/07/24
Collective Agreement - Implementation	Interpretation & Application	2018/02/12	2018/07/24
Performance Management System	Unfair Labour Practice	2018/02/01	2018/04/04
Promotion	Unfair Labour Practice	2018/04/30	Not Finalised
Victimisation	Unfair Discrimination	2018/07/18	Not Finalised
Fraud	Unfair Dismissal	2015/02/24	2017/04/12
Performance Management System	Unfair Labour Practice	2017/03/09	2018/07/31
Performance Management System	Unfair Labour Practice	2017/03/14	Not Applicable
Fraud	Unfair Dismissal	2017/08/01	Not Applicable
Theft	Unfair Dismissal	2017/08/23	Not Applicable
Corruption	Unfair Labour Practice	2017/12/08	Not Applicable
Abscondment	Unfair Dismissal	2018/04/12	Not Applicable
Abscondment	Unfair Labour Practice	2018/06/28	Not Applicable
Promotion	Unfair Labour Practice	2015/10/27	Not Applicable
Dishonesty	Unfair Dismissal	2015/11/03	Not Applicable
Promotion	Unfair Labour Practice	2015/11/17	Not Applicable
Promotion	Unfair Labour Practice	2016/04/26	2018/05/29
Fraud	Unfair Dismissal	2016/10/07	Not Applicable
Promotion	Unfair Labour Practice	2017/01/03	Not Applicable
Leave – Unauthorised	Unfair Labour Practice	2017/09/11	Not Applicable
Leave – Unauthorised	Interpretation & Application	2017/12/06	Not Applicable
Contract Employment – Termination	Unfair Dismissal	2018/01/02	2018/04/30
Promotion	Unfair Labour Practice	2018/01/22	Not Applicable
Theft	Unfair Dismissal	2018/02/01	Not Applicable
Promotion	Unfair Labour Practice	2018/04/03	Not Applicable
Contract Employment – Termination	Unfair Dismissal	2018/05/04	Not Applicable
Misrepresentation	Unfair Dismissal	2017/11/20	Not Applicable
Application For Transfer	Unfair Discrimination	2018/06/01	2018/06/13
Collective Agreement - Implementation	Interpretation & Application	2018/06/04	2018/07/30
Bribery	Unfair Dismissal	2018/06/18	Not Applicable
Theft	Unfair Dismissal	2018/06/18	Not Applicable
Pay Progression	Unfair Labour Practice	2018/07/02	Not Applicable
Theft	Unfair Dismissal	2014/07/01	Not Applicable
Misuse Of State Vehicle	Unfair Dismissal	2016/02/22	Not Applicable
Dereliction Of Duties	Unfair Dismissal	2015/11/28	Not Applicable
Misuse Of State Vehicle	Unfair Dismissal	2015/06/01	Not Applicable
Theft	Unfair Dismissal	2016/01/11	Not Applicable
Theft	Unfair Dismissal	2016/10/03	Not Applicable
Dereliction Of Duties	Unfair Dismissal	2017/03/20	Not Applicable
Promotion	Unfair Labour Practice	2017/01/24	Not Applicable
Fraud	Unfair Dismissal	2017/03/10	Not Applicable
Disciplinary Action Short Of Dismissal	Unfair Labour Practice	2017/04/10	2018/05/09
Performance Management System	Unfair Labour Practice	2017/09/20	2018/04/10
Performance Management System	Unfair Labour Practice	2017/10/16	2018/06/12
Temporary Incapacity Leave	Unfair Labour Practice	2018/02/26	Not Applicable
Theft	Unfair Dismissal	2018/01/30	Not Applicable
Abscondment	Unfair Dismissal	2018/01/22	2018/04/11
Disciplinary Action Short Of Dismissal	Unfair Labour Practice	2018/01/23	Not Applicable
Theft	Unfair Dismissal	2017/12/22	2018/04/05
Demotion	Unfair Labour Practice	2017/12/15	Not Applicable
Promotion	Unfair Labour Practice	2018/02/19	2018/05/25
Dereliction Of Duties	Unfair Dismissal	2018/02/21	Not Applicable
Dereliction Of Duties	Unfair Dismissal	2018/03/08	2018/05/25
Disciplinary Action Short Of Dismissal	Unfair Labour Practice	2018/02/21	Not Applicable
Staff Rotation	Unfair Labour Practice	2018/03/27	2018/06/28
Disciplinary Action Short Of Dismissal	Unfair Labour Practice	2018/02/15	Not Applicable
Leave – Unauthorised	Unfair Dismissal	2018/05/09	2018/06/18
Union Affiliation And Illness	Unfair Discrimination	2018/06/11	Not Applicable
Union Affiliation And Illness	Unfair Discrimination	2018/06/11	Not Applicable
Constructive Dismissal	Unfair Dismissal	2018/06/16	2018/07/24
Access To Information	Unfair Discrimination	2018/06/28	Not Applicable
Dereliction Of Duties	Unfair Dismissal	2018/07/04	Not Applicable
Dismissed For Being Imprisoned	Unfair Dismissal	2018/06/13	Not Applicable
Promotion	Unfair Labour Practice	2016/07/01	Not Applicable
Salary Upgrade	Unfair Labour Practice	2015/09/01	Not Applicable
Promotion	Unfair Labour Practice	2014/10/10	Not Applicable
Unilateral Change of Employment Terms and Conditions	Unfair Labour Practice	2014/01/22	2018/05/16
Salary Issues	Unfair Labour Practice	2014/02/20	2018/04/02
Poor Performance	Unfair Labour Practice	2013/09/21	2018/04/02
Constructive Dismissal	Unfair Labour Practice	2014/02/18	2018/04/02
Performance Management System	Unfair Discrimination	2014/09/25	2018/04/02
Salary Upgrade	Unfair Dismissal	2014/08/09	Not Applicable
Promotion	Unfair Dismissal	2016/03/19	Not Applicable
Fraud	Unfair Labour Practice	2014/06/20	2018/05/11
Fraud	Unfair Labour Practice	2012/12/10	Not Applicable
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2015/07/30	2018/04/02
Whistle Blowing	Unfair Dismissal	2012/06/24	Not Applicable
Salary Upgrade	Unfair Dismissal	2015/06/07	2018/04/02
Salary Upgrade	Interpretation & Application	2014/07/16	Not Applicable
Salary Issues	Unfair Labour Practice	2013/04/21	Not Applicable
Fraud	Interpretation & Application	2015/10/29	Not Applicable
Salary Upgrade	Interpretation & Application	2016/07/15	2018/05/11
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2016/08/01	2018/04/02
Performance Management System	Unfair Dismissal	2016/08/01	2018/04/02
Performance Management System	Unfair Labour Practice	2016/08/01	2018/04/02
Fraud	Unfair Labour Practice	2016/08/29	2018/04/02
Salary Issues	Unfair Labour Practice	2016/09/15	2018/04/02
Promotion	Unfair Labour Practice	2016/09/08	2018/04/02
Performance Management System	Unfair Labour Practice	2016/10/04	2018/04/02
Unfair Suspension	Unfair Labour Practice	2016/10/04	2018/04/02
Unfair Suspension	Unfair Labour Practice	2016/11/08	2018/04/02
Poor Performance	Unfair Labour Practice	2016/11/16	2018/04/02
Temporary Incapacity Leave	Unfair Labour Practice	2016/11/25	Not Applicable
Collective Bargaining	Unfair Labour Practice	2017/01/05	2018/04/02
Severance Package	Unfair Dismissal	2017/02/03	2018/05/02
Performance Management System	Unfair Labour Practice	2017/03/27	Not Applicable
Salary Upgrade	Interpretation & Application	2017/04/18	Not Applicable
Degrading Of Post	Unfair Labour Practice	2017/04/21	2018/05/04
Salary Issues	Unfair Labour Practice	2017/06/05	Not Applicable
Salary Upgrade	Unfair Labour Practice	2017/07/12	Not Applicable
Contract Employment – Non Renewal	Unfair Labour Practice	2017/06/08	2018/06/14
Unilateral Change Of Employment Terms and Conditions	Unfair Labour Practice	2017/07/25	Not Applicable
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2017/07/25	Not Applicable
Salary Upgrade	Interpretation & Application	2017/07/25	2018/05/16
Performance Management System	Unfair Labour Practice	2017/07/12	Not Applicable
Unfair Treatment	Unfair Labour Practice	2017/09/01	Not Applicable
Contract Employment – Termination	Unfair Labour Practice	2017/09/01	Not Applicable
Salary Upgrade	Unfair Labour Practice	2017/09/04	Not Applicable
Contract Employment – Termination	Interpretation & Application	2017/09/18	Not Applicable
Contract Employment – Termination	Unfair Labour Practice	2017/09/20	Not Applicable
Unfair Suspension	Interpretation & Application	2017/10/03	2018/04/02
Performance Management System	Unfair Labour Practice	2017/10/06	2018/04/02
Contract Employment – Non-Renewal	Unfair Labour Practice	2017/10/06	Not Applicable
Contract Employment – Non Renewal	Unfair Labour Practice	2017/10/06	Not Applicable
Contract Employment – Non Renewal	Unfair Labour Practice	2017/10/06	Not Applicable
Contract Employment – Non Renewal	Unfair Labour Practice	2017/10/06	Not Applicable
Performance Management System	Unfair Dismissal	2017/11/01	2018/07/24
Salary Upgrade	Unfair Dismissal	2017/11/01	Not Applicable
Temporary Incapacity Leave	Unfair Labour Practice	2017/11/01	Not Applicable
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2017/11/08	2018/05/22
Performance Management System	Interpretation & Application	2017/10/18	2018/05/11
Degrading of Post	Interpretation & Application	2017/10/23	2018/07/11
Degrading of Post	Interpretation & Application	2017/11/30	Not Applicable
Performance Management System	Unfair Labour Practice	2017/11/30	Not Applicable
Salary Upgrade	Unfair Labour Practice	2017/12/08	2018/05/11
Fraud	Unfair Labour Practice	2017/12/08	Not Applicable
Temporary Incapacity Leave	Unfair Labour Practice	2017/12/11	Not Applicable
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2017/12/11	Not Applicable
Training Opportunities for Court Interpreters	Interpretation & Application	2017/12/15	2018/06/25
Performance Management System	Interpretation & Application	2017/12/15	Not Applicable
Contract Employment – Non-Renewal	Interpretation & Application	2018/04/03	2018/05/11
Disciplinary Action – Unfair	Unfair Discrimination	2018/04/03	2018/05/10
Salary Issues	Unfair Labour Practice	2018/05/04	Not Applicable
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2018/05/11	Not Applicable
Contract Employment – Non-Renewal	Interpretation & Application	2018/05/11	2018/05/11
Occupation Specific Dispensation Implementation	Unfair Labour Practice	2018/05/11	Not Applicable
Promotion	Unfair Labour Practice	2018/05/11	2018/05/16
Occupation Specific Dispensation Implementation	Unfair Dismissal	2018/05/11	Not Applicable
Contract Employment – Termination	Interpretation & Application	2018/05/11	Not Applicable
Training Opportunities For Court Interpreters	Unfair Labour Practice	2018/05/11	2018/05/16
Performance Management System	Interpretation & Application	2018/05/11	2018/07/18
Temporary Incapacity Leave	Unfair Dismissal	2018/05/11	Not Applicable
Temporary Incapacity Leave	Interpretation & Application	2018/05/11	Not Applicable
Unfair Suspension	Unfair Labour Practice	2018/05/15	Not Applicable
Performance Management System	Interpretation & Application	2018/05/18	Not Applicable
Temporary Incapacity Leave	Interpretation & Application	2018/05/29	Not Applicable
Disciplinary Action – Procedure	Unfair Labour Practice	2018/06/05	Not Applicable
Performance Management System	Unfair Labour Practice	2018/06/11	Not Applicable
Occupation Specific Dispensation Implementation	Interpretation & Application	2018/07/04	Not Applicable
Promotion	Unfair Dismissal	2018/07/10	Not Applicable
Performance Management System	Unfair Labour Practice	2018/07/20	Not Applicable
Promotion	Interpretation & Application	2018/07/25	Not Applicable
Salary Upgrade	Unfair Labour Practice	2018/07/26	Not Applicable
Promotion	Unfair Labour Practice	2018/07/26	2018/07/27
Reporting Lines	Unfair Dismissal	2016/12/08	2018/05/03
Poor Performance	Unfair Dismissal	2017/06/12	Not Applicable
Dishonesty	Unfair Dismissal	2017/09/08	Not Applicable
Contract Employment – Termination	Unfair Dismissal	2018/02/28	Not Applicable
Unfair Labour Practice	Unfair Labour Practice	2018/01/17	Not Applicable
Corruption	Unfair Dismissal	2015/06/12	2016/09/02
Contract Employment – Termination	Unfair Dismissal	18/10/2015	2017/12/19
Salary Issues	Unfair Labour Practice	15/10/2015	2016/07/28
Fraud	Unfair Labour Practice	2015/12/12	2018/06/14
Salary Issues	Unfair Labour Practice	2015/12/12	2018/06/14
Temporary Incapacity Leave	Unfair Labour Practice	2015/03/06	2015/09/30
Discrimination	Unfair Labour Practice	2015/03/06	2015/09/30
Application For Transfer	Unfair Labour Practice	2014/12/13	2015/03/20
Unfair Suspension	Unfair Labour Practice	2013/03/31	2017/03/31
Promotion	Unfair Dismissal	2014/04/13	2015/08/21
Corruption	Unfair Dismissal	2015/06/11	2017/07/11
Unfair Suspension	Unfair Labour Practice	2013/11/03	15/07/2017
Corruption	Unfair Dismissal	2015/03/12	2016/03/31
Theft	Unfair Dismissal	2016/02/01	2016/08/31
Unfair Suspension	Unfair Labour Practice	2018/03/12	2018/06/15
Salary Upgrade	Unfair Labour Practice	2013/06/03	2013/12/11
Salary Upgrade	Unfair Labour Practice	2014/07/12	2015/04/18
Salary Upgrade	Unfair Labour Practice	2015/08/14	2015/11/12
Theft	Unfair Dismissal	2014/12/17	2015/11/22
Theft	Unfair Dismissal	2014/12/17	2015/11/22
Corruption	Unfair Dismissal	2013/05/16	2015/09/11
Contract Employment – Non-Renewal	Unfair Dismissal	17/07/2015	2018/03/14
Contract Employment – Non-Renewal	Unfair Dismissal	17/07/2015	2018/03/14
Fraud	Unfair Dismissal	2014/06/01	2014/09/24
Salary Upgrade	Unfair Dismissal	2015/06/08	2018/10/15
Contract Employment – Non-Renewal	Unfair Labour Practice	2015/05/04	2015/11/15
Leave – Unauthorised	Unfair Labour Practice	2013/03/11	2013/09/14
Discrimination	Unfair Dismissal	2013/06/13	2013/11/28
Dishonesty	Unfair Dismissal	2016/07/31	2018/08/21
Disclosure Of Information	Unfair Labour Practice	2016/03/16	2016/06/21
Salary Upgrade	Unfair Labour Practice	2017/09/17	2017/12/11
Contract Employment – Non-Renewal	Unfair Dismissal	2012/11/12	2013/02/11
Harassment	Unfair Labour Practice	2013/12/11	2016/02/17
Contract Employment – Non-Renewal	Unfair Dismissal	2017/10/15	2017/11/21
Contract Employment – Non-Renewal	Unfair Dismissal	2015/12/04	2018/03/31
Housing Allowance	Unfair Dismissal	2015/07/12	2017/07/15
Negligence	Unfair Dismissal	2016/03/01	Not Applicable
Corruption	Unfair Dismissal	2016/06/18	Not Applicable
Contract Employment – Non-Renewal	Unfair Dismissal	2015/05/06	Not Applicable
Dishonesty	Unfair Dismissal	2015/08/01	Not Applicable
Corruption	Unfair Dismissal	2016/07/11	Not Applicable
Fraud	Unfair Dismissal	2016/08/02	Not Applicable
Promotion	Unfair Labour Practice	2015/03/01	Not Applicable
Theft	Unfair Dismissal	2012/09/01	Not Applicable
Fraud	Unfair Dismissal	2014/03/01	Not Applicable
Theft	Unfair Dismissal	2017/10/11	Not Applicable
Theft	Unfair Dismissal	2017/10/11	Not Applicable
Theft	Unfair Dismissal	2018/04/16	Not Applicable
Constructive Dismissal	Unfair Labour Practice	2016/11/07	Not Applicable
Unfair Treatment	Unfair Labour Practice	2018/06/08	Not Applicable
Misrepresentation	Unfair Dismissal	2015/08/16	Not Applicable
Salary Upgrade	Unfair Dismissal	2018/05/30	Not Applicable
Abscondment	Unfair Dismissal	2018/07/11	Not Applicable
Performance Management System	Unfair Labour Practice	2016/10/17	Not Applicable
Corruption	Unfair Dismissal	2015/06/07	Not Applicable
Unfair Suspension	Unfair Labour Practice	2017/09/12	Not Applicable
Negligence	Unfair Dismissal	2017/10/03	Not Applicable
Assault	Unfair Dismissal	2014/04/18	Not Applicable
Corruption	Unfair Dismissal	2018/03/08	Not Applicable

TABLE 2: Labour Court Disputes

Nature Of Dispute	Causes Of Dispute	Date Reported	Date Finalised
Unfair Dismissal	Theft	2013/03/13	Not Finalised
Unfair Dismissal	Promotion	2012/08/30	Not Finalised
Unfair Dismissal	Theft	2015/04/01	Not Finalised
Unfair Dismissal	Theft	2015/11/04	Not Finalised
Unfair Dismissal	Theft	2015/06/01	Not Finalised
Unfair Dismissal	Theft	2013/10/14	Not Finalised
Interpretation & Application	Occupation Specific Dispensation Implementation SMS	2011/02/07	2018/04/02
Interpretation & Application	Occupation Specific Dispensation Implementation SMS	2011/02/07	2018/04/02
Interpretation & Application	Occupation Specific Dispensation Implementation SMS	2011/02/07	2018/04/02
Interpretation & Application	Occupation Specific Dispensation Implementation SMS	2010/02/07	2018/04/02
Dispute Of Mutual Interest	Collective Bargaining	2010/10/20	//
Unfair Dismissal	Leave – Unauthorised	2012/05/22	//
Interpretation & Application	Occupation Specific Dispensation Implementation	2012/07/16	2018/04/02
Dispute Of Mutual Interest	Collective Bargaining	2012/06/18	2018/04/02
Unfair Dismissal	Abscondment	2012/07/19	2018/04/02
Unfair Dismissal	Fraud	2012/06/05	2018/04/02
Unfair Dismissal	Abscondment	2012/06/05	2018/04/02
Unfair Dismissal	Contract Employment – Non Renewal	2012/12/21	2018/04/02
Unfair Labour Practice	Abscondment	2013/05/23	2018/04/02
Unfair Labour Practice	Salary Issues	2014/07/04	Not Finalised
Unfair Labour Practice	Salary Issues	2014/11/18	2018/04/02
Unfair Labour Practice	Unfair Suspension	2014/06/19	2018/04/02
Unfair Labour Practice	Leave – Unauthorised	2014/06/11	Not Finalised
Interpretation & Application	Salary Upgrade	2015/01/24	2018/04/02
Unfair Labour Practice	Disciplinary Action – Unfair	2015/03/15	2018/04/02
Unfair Labour Practice	Promotion	2013/06/24	2018/04/02
Unfair Dismissal	Violation Of Procurement Procedures	2016/05/17	Not Finalised
Unfair Labour Practice	Promotion	2016/07/06	Not Finalised
Unfair Labour Practice	Occupation Specific Dispensation Implementation	2015/07/10	Not Finalised
Unfair Labour Practice	Promotion	2016/08/12	Not Finalised
Unfair Dismissal	Poor Performance	2017/01/18	Not Finalised
Unfair Dismissal	Contract Employment – Termination	2017/01/25	Not Finalised
Unfair Dismissal	Contract Employment – Non Renewal	2017/01/25	2018/04/02
Unfair Labour Practice	Unfair Conduct By Employer	2017/04/25	Not Finalised
Unfair Labour Practice	Salary Upgrade	2017/05/04	Not Finalised
Unfair Labour Practice	Salary Upgrade	2017/05/25	Not Finalised
Unfair Dismissal	Fraud	2017/06/05	Not Finalised
Interpretation & Application	Contract Employment – Non Renewal	2017/07/25	Not Finalised
Unfair Labour Practice	Occupation Specific Dispensation Implementation	2017/08/24	Not Finalised
Unfair Labour Practice	Salary Upgrade	2017/08/24	2018/04/02
Unfair Labour Practice	Occupation Specific Dispensation Implementation	2017/09/04	Not Finalised
Unfair Dismissal	Fraud	2017/10/06	Not Finalised
Interpretation & Application	Occupation Specific Dispensation Implementation	2018/04/04	Not Finalised
Unfair Labour Practice	Salary Upgrade	2018/05/11	Not Finalised
Unfair Labour Practice	Occupation Specific Dispensation Implementation	2018/05/11	Not Finalised
Unfair Labour Practice	Salary Upgrade	2018/05/11	Not Finalised
Unfair Dismissal	Abscondment	2013/03/13	Not Finalised
Unfair Dismissal	Corruption	2012/08/30	Not Finalised
Unfair Dismissal	Abscondment	2015/04/01	Not Finalised
Unfair Dismissal	Corruption	2015/11/04	Not Finalised
Unfair Dismissal	Salary Upgrade	2015/06/01	Not Finalised
Unfair Dismissal	Salary Upgrade	2017/10/31	Not Finalised
Unfair Dismissal	Theft	2018/03/31	2018/03/31
Unfair Dismissal	Abscondment	2017/12/07	Not Finalised
Unfair Dismissal	Abscondment	2017/10/06	2018/06/20
Unfair Dismissal	Abscondment	2016/02/17	Not Finalised
Unfair Dismissal	Negligence	2017/07/31	Not Finalised
Unfair Dismissal	Contract Employment – Non Renewal	2017/03/31	2018/06/18
Unfair Dismissal	Theft	2016/02/04	2017/12/12
Unfair Dismissal	Theft	2016/07/31	Not Finalised
Unfair Dismissal	Corruption	2014/12/08	2018/04/02
Unfair Dismissal	Theft	2014/08/31	2018/04/02
Unfair Dismissal	Fraud	2016/03/15	2016/12/15
Unfair Dismissal	Nepotism	2015/07/16	2017/10/15
Unfair Labour Practice	Sexual Harassment	2017/07/31	2015/10/25
Unfair Dismissal	Abscondment	2015/06/16	2016/10/20
Unfair Labour Practice	Promotion	2015/08/13	2018/05/15
Unfair Dismissal	Promotion	2014/08/14	2014/09/15
Unfair Dismissal	Contract Employment – Non Renewal	2013/05/19	2015/12/04

1. The following entities has informed me as follows:
2. Special Investigating Unit:

The SIU has received one (1) dispute which was lodged by their recognised trade union NEHAWU on 9 November 2017 in line with the recognition agreement. The dispute relates to section 16.11 of the recognition agreement which reads, “Notwithstanding anything to the contrary in this agreement, the Parties agree that annual negotiations for salary increases will not be part of any negotiations betwenn the SIU and the Union and will not form part of the negotiations at the national bargaining forum or Negotiating Committee, as the Parties agree that the SIU will annualy motivate to and request permission from the Minister of Justice and Constitutional Development, in consultation with the Minister of Finance, as envisaged in section 3(5) of the SIU Act, for the SIU to implement the same resolution on annual salary negotiations, as reached in the Public Service Co-ordinating Bargaining Council (“PSCBC”) in respect of the public service: Provided that the parties agree that the provisions of clause 16.11,

• 16.11.1 may be renegotiated and reviewed at the request of either Party on an annual basis; or
• 16.11.2 may be renegotiated as part of the negotiations on the constitution for the national bargaining forum.”

NEHAWU demands that this clause be removed and the SIU must negotiate salaries and other conditions of employment directly with them. To date, the SIU had two meetings to try and resolve this dispute but it remains unresolved. The SIU has one (1) more meeting to go and should the dispute remain unresolved, NEHAWU may refer the dispute to the CCMA. The date for the last meeting has not yet been scheduled.

1. Legal Aid South Africa
2. (a) (ii) The Legal Aid SA is currently facing nine (9) labour disputes.

(b) The causes of the disputes are as follows:

1. Three (3) disputes: Misconduct including absence without leave, gross insubordination, gross insolence and conduct prejudicial to the organisation;
2. Two (2) disuptes relate to pension matters including retirement age and pension fund contributions;
3. One (1) dispute is due to poor work performance;
4. One (1) dispute relates to the preservation of the Group Life Scheme benefit despite budget cuts;
5. One (1) dispute is caused by the termination of the voluntary services of a volunteer; snf
6. One (1) dispute is caused by a non-appointment by operation of law decision.

(c) The nature of the disputes are outlined below:

1. Unfair Dismissal (5);
2. Unfair Labour Practice (2);
3. Breach of Contract (1); and
4. Non-Appointment by Operation of Law (1)

(d) (i) The dates on which each dispute was reported are as follows :

1. 25 March 2014: Unfair dismissal – Misconduct;
2. 07 April 2014: Non Appointment by Operation of Law;
3. 16 May 2014: Unfair dismissal – Misconduct;
4. 19 May 2014: Unfair dismissal – Poor Performance;
5. 02 June 2015: Unfair dismissal – Misconduct;
6. 15 December 2016: Breach of Contract- Retirement Age;
7. 30 May 2017: Unfair dismissal – Voluntary Services;
8. 17 July 2018: Unfair labour practice – preservation of group life benefits; and
9. 30 August 2017: Unfair labour practice – pension fund contributions.

(ii) Seven(7) of the disputes remain unresolved due to either labour court

review or appeal whilest two (2) remain unresolved pending arbitration by the CCMA.

1. National Prosecuting Authority

Currently, the NPA’s report reflects 48 Conciliation and Arbitration and 12 Labour Court Disputes, and it excludes matters prior to August 2018 that were finalised.

Table A: Conciliation and Arbitration Disputes

Nature of Disputes	Causes of Disputes	Dates Reported	Date Resolved/Status
Unfair labour practice - Benefits	Performance Bonus	04/12/2014	The matter was postponed. Awaiting a new date of arbitration.
Unfair Dismissal	Dismissal - misconduct	08/07/2007	No award received from BC. The matter has to be set down for reconstruction.
Unfair dismissal	Dismissal - misconduct	19/08/2014	Awaiting ruling of commissioner
Unfair labour practice - benefits	Failure to translate to LP 10	15/03/2017	The Applicants indicated that they want the matter postponed as the have a similar dispute at labour court and is awaiting the labour court outcome. The commissioner postponed the matter sine die.
Unfair dismissal dispute	Dismissal - Misconduct	21/04/2017	Awaiting new set-down.
Unfair Labour Practice - Benefits	Performance Bonus	25/07/2017	Waiting for condonation application.
Unfair Labour Practice – Promotion	Employee not appointed in promotional post	03/10/2017	Joinder ruling received. Awaiting date for arbitration to proceed.
Unfair Dismissal	Dismissal - Misconduct	10/11/2017	The matter is set-down to proceed on 27-28 August 2018.
Unfair Labour Practice	Performance Bonus	06/11/2017	Ruling in favour of NPA. Matter successfully finalised.
Unfair dismissal – S 186 – failure to renew fixed term contract	Non-renewal of fixed term contract	30/11/2017	Matter set-down for 20 August 2018.
Unfair labour practice - Benefits	Performance bonus	06/12/2017	The matter has to be set-down for arbitration.
Unfair labour practice - Benefits	Performance bonus	06/12/17	Ruling in favour of NPA. Matter successfully finalised.
Unfair labour practice – benefits	Salary was corrected in terms of S38 of the PSA	17/01/2018	Set down for 30 August 2018
Unfair labour practice - benefits	Performance Bonus	31/01/2018	Waiting for arbitration date.
Interpretation & Application	Resolution 7 of 2000 read with the Pilir Policy – non-approval of Temporary Incapacity leave	16/04/18	The matter went for arbitration on 13 August 2018.
Unfair labour practice - Benefits	Performance bonus	16/04/18	Matter referred to arbitration on 11 June. Awaiting set-down.
Unfair labour practice – Benefits	Performance Bonus	30/4/2018	Awaiting arbitration date.
Unfair labour practice – Benefits	Performance Bonus	07/06/2018	Condonation not granted. File Closed. Matter finalised.
Unfair labour practice - Benefits	Performance Bonus	08/06/2018	Arbitration set-down for 14 September 2018.
Interpretation & Application	Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved	08/06/2018	Awaiting date for conciliation.
Unfair labour practice - Benefits	Performance Bonus	08/06/2018	Awaiting date of arbitration.
Unfair dismissal	Dismissal - misconduct	21/06/2018	Awaiting date for conciliation.
Interpretation & Application	Resolution 5 of 2014 – bonus for improved qualification not paid	26/07/2018	The matter was withdrawn
Unfair Dismissal	Discharge due to Ill Health	27/07/2018	Awaiting date of conciliation
Dismissal	Dismissal – misconduct	06/06/2017	Awaiting new date of set down of arbitration.
Unfair Labour Practice - Promotion	The employee was not appointed in promotional post	21/08/2017	Awaiting new date of set down for arbitration.
Dismissal	Dismissal - misconduct	19/09/2017	Awaiting new date of set down for arbitration.
Unfair Labour Practice - Benefits	Performance Bonus	20/10/2017	The matter did not proceed on 11 July 2018 due to the unavailability of the Commissioner. Awaiting new date of set down.
Unfair Labour Practice- Benefits	Performance Bonus	02/11/2017	Memo to settle the dispute has been prepared.
Unfair Dismissal	Dismissal Misconduct	01/12/2017	Awaiting award from the Commissioner.
Unfair Labour Practice - Benefits	Performance Bonus	09/03/2018	Matter set down for 18 September 2018.
Constructive dismissal	Resignation	19/04/2018	The Applicant has referred the matter for arbitration. Awaiting a date of set down.
Unfair Dismissal	Dismissal - misconduct	03/04/2018	The matter has been adjourned for 15-17 August 2018.
Unfair Labour Practice - Benefits	Performance Bonus	04/06/2018	The Applicant has referred the matter for arbitration. Awaiting a date of set down.
Unfair Labour Practice - Benefits	Performance Bonus	14/06/2018	The Applicant has referred the matter for arbitration. Awaiting a date of set down.
Unfair Dismissal	Dismissal - misconduct	14/02/2017	Awaiting arbitration award from Council.
Interpretation and application	Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved	26/09/2017	Awaiting ruling from the PSCBC.
Unfair Labour Practice - Benefits	Performance Bonus	01/10/2017	Matter proceeded on 19 to 20 July 2018. Parties decided to settle. Matter finalised.
Unilateral change to terms and conditions of employment (Section 64(4)	Salary Issue	23/01/2018	On 26 July 2018, a ruling was issued that the Council does not have jurisdiction to arbitrate dispute concerning unilateral change to terms and conditions of employment. Applicant was advised on 09 March 2018 to refer the matter to Labour Court. Matter Finalised.
Unfair labour practice – benefits	Performance Bonus	19/01/2017	The arbitration did not proceed as the Applicant dismissed her representative and requested that the matter be postponed. The Applicant will request transcripts from the Council. The matter was postponed sine die.
Interpretation & Application	Performance Bonus	05/03/2018	Arbitration set down for 27 August 2018.
Unfair Labour Practice- Benefits	Performance Bonus	29/05/2018	Parties agreed that the matter will commence on 26 September 2018.
Unfair Labour Practice	Matter of mutual interest	29/06/2018	The conciliation was set down for 29 June 2018. The conciliation was part-heard and the Applicant requested extension based on timeframe.
Unilateral change to terms and conditions of employment	Salary Issue	08/07/2018	The matter was conciliated.
Unfair dismissal	Dismissal - misconduct	06/07/2018	Awaiting for condonation ruling.
Unfair Labour Practice - Benefits	Performance Bonus	02/07/2018	Awaiting for a set down date for arbitration
Unfair Labour Practice - Benefits	Performance Bonus	23/07/2018	The conciliation was scheduled for 7 August 2018.
Unfair Labour Practice - Benefits	Performance Bonus	23/07/2018	The conciliation was scheduled for 7 August 2018.

Table B: Labour Disputes – Labour Court/High Court

Nature of Disputes	Causes of Disputes	Dates Reported	Date Resolved/Status
Review of arbitration award Labour Court	Claim of unfair dismissal	23/04/2009	Pending
Labour Court – Application for review	Application for review – award to be reviewed and set aside and for matter to be referred back for adjudication.	22/08/2012	Pending
Application for review- Labour Court	The applicant seeks to review the award in which the respondent was reinstated.	26/04/2017	Pending
Review Labour Court	The employer to review its decision to award the COL for members of SMS	08/08/2017	Pending
Review Labour Court	Review of condonation ruling	20/03/2018	Pending
Review Labour Court	Application for review	05/06/2018	Pending
Application Labour Court	Appointment as a Special Investigator Level 3 (Rank of Superintendent in SAPS)	28/09/2009	Pending
Application Labour Court	Claim of unfair labour practice relating to retrospective JE-upgrades Retrospective upgrades sought	19/12/2008	Pending
Labour Court	Unfair dismissal Re-instatement	10/07/2014	Pending
Labour Court	ULP, Appointment	03/04/2017	Pending
Labour Court	Promotion	21/05/2018	Pending
Labour Court	Unfair Labour Practice	25/07/2014	Pending

1. (a) The information on the Departmental dismissal cases are tabulated below:

Financial Year	No. of Employees Dismissed	Reasons for Dismissal	No. of Employees paid Severance Packages	Severance Package Amount Paid
2018/19	16	Abscondment = 4 cases Corruption = 1 case Fraud = 3 cases Insubordination = 1 case Negligence = 1 case Theft = 1 cases Unauthorised Absence = 3 cases Unethical Behaviour = 2 cases	Nil	Nil
2017/18	50	Abscondment = 2 cases Assault = 1 case Bribery = 1 case Corruption = 7 cases Dishonesty = 4 cases Fraud = 8 cases Insubordination = 7 cases Negligence = 1 case Theft = 7 cases Unauthorised Absence = 9 cases Unethical Behaviour = 3 cases	Nil	Nil
2016/17	56	Abscondment = 2 cases Assault = 1 case Bribery = 1 case Corruption = 7 cases Dishonesty = 4 cases Fraud = 8 cases Insubordination = 7 cases Negligence = 1 case Theft = 7 cases Unauthorised Absence = 9 cases Unethical Behaviour = 3 cases	Nil	Nil
2015/16	70	Abscondment = 3 cases Abuse of Leave = 1 case Abuse of State Property = 1 case Alcohol Abuse = 3 cases Corruption = 9 cases Dishonesty = 4 cases Fraud = 15 cases Insubordination = 1 case Maladministration = 3 cases Negligence = 2 cases Theft = 15 cases Unauthorised Absence = 13 cases	Nil	Nil
2014/15	68	Abscondment = 3 cases Abuse of Leave = 1 case Abuse of State Property = 1 case Alcohol Abuse = 3 cases Corruption = 9 cases Dishonesty = 4 cases Fraud = 15 cases Insubordination = 1 case Maladministration = 3 cases Negligence = 2 cases Theft = 15 cases Unauthorised Absence = 13 cases	Nil	Nil
2013/14	96	Abscondment = 14 cases Abuse of Leave = 6 cases Assault = 3 case Bribery = 2 cases Corruption = 10 cases Dishonesty = 3 cases Fraud = 19 cases Insubordination = 5 case Mismanagement of Funds = 1 case Loss of State Money = 1 case Negligence = 4 cases Theft = 20 cases Unauthorised Absence = 4 cases Unethical Behaviour 4 cases	Nil	Nil

(B) The following entities has informed me as follows:

a. SIU

Three (3) employees of the SIU were dismissed in the last five years, and details are as follows:

1. Dismissal – misconduct – no monies were paid
2. Dismissal – misconduct – no monies were paid – the matter is currently at CCMA
3. Dismissal – operational requirements – A severance package of R503,044-69 was paid.

b. Legal Aid SA

(i) The Legal Aid SA has dismissed seventeen (17) employees dismissed in the past five years.

(ii) the reasons for the dismissal are as follows:

1. Three (3): long periods of absence without leave;
2. Three (3): fraud – taking money from clients;
3. Two (2): misrepresentation of educational qualifications and certificate of good standing respectively;
4. Two (2): conflict of interest, gross negligence and transgression of the PFMA
5. One (1): Poor Work Performance;
6. One (1): Gross Insubordination and Gross Insolence;
7. One (1): revealing and communicating confidential information forbidden by policy;
8. One (1): performing pro bono work outside of Legal Aid SA policy;
9. One (1): unruly behaviour, assault, fighting and unacceptable aggressive behaviour;
10. One (1): failing to investigate suspicious judicare claims resulting in material financial loss; and
11. One (1): gross dishonesty, professional negligence and derilection of duty.

(b (i) and (ii) No severance packages were ever paid out to any employee.

c. National Prosecuting Authority

No. of Employees Dismissed	Reason For Dismissal	Appeal	Dismissal Confirmed on Appeal
35	Giving false information	No	Not Applicable
	Withdrew Criminal matters without following correct procedure	No	Not Applicable
	Continuous absence	No	Not Applicable
	Absenteeism	No	Not Applicable
	Continuous absence	No	Not Applicable
	Abscondment – S 17 termination	No	Not Applicable
	Absence without leave	No	Not Applicable
	Usage of petrol card	Yes	Yes
	Dishonesty	Yes	Yes
	Corruption	Yes	Yes
	Bringing the NPA into disrepute	Yes	Yes
	Corruption	No	Not Applicable
	Bringing the name of the NPA in disrepute	Yes	Yes
	Corruption	Yes	Yes
	Irregular expenditure	No	Not Applicable
	Abscondment – S 17 termination	No	Not Applicable
	Absence without leave	Yes	Yes
	Assault	Yes	Yes
	Bringing the name of the NPA into disrepute	No	Not Applicable
	Gross Dishonesty	Yes	Yes
	Withdrew Criminal matters without following correct procedure/ failed to reinstate prosecution when instructed to do so	Yes	Yes
	Soliciting Bribe	Yes	Yes
	Sexual harassment	Yes	Yes
	Gross Dishonesty	Yes	yes
	Corruption	Yes	Yes
	Abscondment	No	Not Applicable
	Dishonesty – soliciting a bribe	No	N/A
	Corruption	Yes	Yes
	Abscondment – S 17 termination	No	N/A
	Dishonesty	Yes	Yes
	Bringing the name of the NPA into disrepute	Yes	Yes
	Dishonesty	Yes	Yes
	Abscondment	No	N/A
	Corruption	Yes	Yes
	Corruption	Yes	Yes

(b) None of the dismissed employees were paid severance packages as can be seen

from the reasons for dismissal.