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08 June 2020 - NW752

Profile picture: Horn, Mr W

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

(1)Given the rising number of inmates being infected with COVID-19 at correctional facilities, what procedures are in place to ensure that deliberate attempts by inmates to infect one another are eliminated; (2) what (a) total number of inmates have been placed in quarantine since COVID-19 was declared a national disaster and (b) percentage of the specified number of inmates were quarantined outside the confines of the correctional service sites where the respective prisoners are serving their sentences; (3) what proactive arrangements are in place to ensure that the warden to inmate ratio remains stable in the midst of the COVID-19 pandemic, given the vulnerability of both wardens and inmates in contracting the virus; (4) what (a) is the budgetary allocation to educational programmes designed to create awareness about the coronavirus in correctional facilities and (b) percentage of this allocated budget has been spent to date?

Reply:

1. Awareness session on COVID-19 are held by unit managers and health care professionals whereby the psychological/psychosocial protocol and guidelines is shared with the inmates:

  • Explanation on what COVID-19 is and the mode of spread;
  • The signs and symptoms of COVID-19;
  • Measures to be taken to prevent spreading and/or acquiring COVID-19;
  • Compliance with basic Infection Prevention and Control (IPC) measures;
  • The responsibilities of reporting to the staff when experiencing signs and symptoms.

(2)(a) The total number of inmates that have been placed in quarantine since COVID-19 was declared a national disaster is three thousand six hundred and forty four
(3 644) from 01 April to 16 May 2020, and

(2)(b) None of the inmates were quarantined outside the confines of the correctional service sites.

3. The Department has a plan in place whereby non-centre based officials appointed in terms of the Correctional Service Act and the Public Service Act that have undergone basic training, will be transferred to centres where services are needed as a result of staff shortages as a result of Covid-19.

The Department has also entered into a Memorandum of Understanding with the South African National Defence Force whereby reserves will be used to augment the services rendered by Correctional Officials.

In addition, the ex-Correctional Services officials will be appointed to augment the imminent shortage. This Contingency plan will ensure that the staff to inmate ratio remains stable and that the available Correctional officers are not overwhelmed.

4. There is no specific budgetary allocation for creating awareness amongst the inmates due to the fact that these sessions are rendered by departmental unit managers and health care professionals.

Budgetary allocation for education programmes designed to create awareness about the coronavirus in correctional facilities amongst officials:

REGION

  1. Budgetary allocation

Amount Spent

  1. % Spent

Eastern Cape

R 4 240 000.00

R 121 800.00

2.87%

Free State and Northern Cape (FS/NC)

R 2 962 700.00

R 146 690.00

4.95%

Gauteng

R 1 180 000.00

R 6 000.00

0.05%

KwaZulu-Natal

R 1 882 000.00

R 241 267.

13%

Limpopo, Mpumalanga and North West (LMN)

R 1 904 000.00

R 172 268.

9.05%

Western Cape

R 1 402 000.00

R 92 263.

6.58%

Total

R 13 570 700.00

R 780 288

5.75%

The human resources development budget is currently exclusively being utilised for COVID-19 related training. Since most of the training is localised and the Department has also taken advantage of training also offered by the Department of Health for health care professionals.

END

08 June 2020 - NW695

Profile picture: Horn, Mr W

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

What number of sentenced inmates housed in the Republic’s correctional centres as at 15 April 2020 have been diagnosed as (a) being HIV positive and/or (b) having tuberculosis?

Reply:

The number of sentenced inmates housed in the Republic’s correctional centres as at 15 April 2020 is as follows:

Management Area

Correctional Centre

(a) Number of HIV positive offenders

HIV/TB Co-infection (HIV Entry)

(b) Number of TB offenders

TB/HIV Co-infection (TB Entry)

EASTERN CAPE (EC) REGION

Amathole

Fort Beaufort

5

0

0

0

 

Grahamstown

28

1

2

1

 

King Williams Town

5

1

1

1

 

Middledrift

155

3

13

3

 

Stutterheim

3

0

0

0

 

TOTAL

196

5

16

5

East London

Med B

6

0

0

0

 

Med C

29

0

1

0

 

Maximum

224

1

14

1

 

Mdantsane

127

7

32

7

 

TOTAL

386

8

47

8

Kirkwood

Graaff-Reinet

0

0

14

4

 

Jansenville

0

0

0

0

 

Kirkwood

135

4

0

0

 

Somerset East

22

0

2

0

 

TOTAL

157

4

16

4

Mthatha

Bizana

2

0

0

0

 

Elliotdale

8

0

0

0

 

Flagstaff

19

1

1

1

 

Lusikisiki

45

1

2

1

 

Mt Ayliff

9

0

1

0

 

Mt Fletcher

25

0

2

0

 

Mt Frere

15

0

0

0

 

Mqanduli

31

0

3

0

 

Ngqeleni

15

0

0

0

 

Tabankulu

18

0

0

0

 

Medium

309

1

13

1

 

Remand

3

0

0

0

 

TOTAL

499

3

22

3

Sada

Barkley East

11

0

0

0

 

Burgersdorp

22

0

0

0

 

Butterworth

8

0

0

0

 

Cofimvaba

0

0

0

0

 

Cradock

19

0

0

0

 

Dordrecht

0

0

0

0

 

Dutywa

18

0

0

0

 

Lady Frere

5

0

0

0

 

Middelburg

130

0

0

0

 

Ngcobo

0

0

0

0

 

Nqamakwe

0

0

0

0

 

Queenstown

0

0

0

0

 

Sada

32

0

0

0

 

Willowvale

4

0

0

0

 

Sterkspruit

0

0

0

0

 

TOTAL

249

0

0

0

St Albans

Medium A

9

0

1

0

 

Maximum

329

2

23

2

 

Medium B

172

9

33

9

 

Patensie

44

0

0

0

 

Port Eli

18

0

3

0

 

TOTAL

572

11

60

11

EC REGIONAL TOTAL

2 059

31

161

31

 

FREE STATE & NORTHERN CAPE (FS&NC) REGION

Colesberg

Colesberg

20

0

1

0

 

De Aar

35

1

3

1

 

Richmond

3

0

0

0

 

Hopetown

5

0

1

0

 

Victoria West

9

0

0

0

 

Total

72

1

5

1

Goedemoed

Goedemoed Med A

155

0

1

0

 

Goedemoed Med B

104

0

2

0

 

Bethulie

10

0

1

0

 

Edenburg

10

0

0

0

 

Fauresmith

2

0

0

0

 

Zastron

6

0

0

0

 

Total

287

0

4

0

Grootvlei

Grootvlei Med A

236

2

6

2

 

Grootvlei Med B

84

2

5

1

 

Boshof

4

0

0

0

 

Brandfort

15

0

0

0

 

Ladybrand

9

0

0

0

 

Wepener

6

0

0

0

 

Winburg

23

0

0

0

 

Mangaung

700

0

13

1

 

Total

1077

4

24

4

Kimberley

Barkly West

4

0

0

0

 

Douglas

17

0

2

0

 

Kimberley

105

0

8

0

 

Tswelopele

390

3

12

1

 

Total

516

3

22

1

Upington

Kuruman

46

1

3

2

 

Springbok

6

0

6

0

 

Upington

95

4

9

0

 

Total

147

5

18

2

Groenpunt

Groenpunt Med.

179

0

0

0

 

Groenpunt Max.

536

2

9

0

 

Groenpunt Youth

31

0

1

0

 

Frankfort

16

0

0

0

 

Heilbron

5

0

0

0

 

Parys

8

0

0

0

 

Sasolburg

25

0

0

0

 

Vereeniging

104

0

0

0

 

Total

904

2

10

0

Bizzah Makhate

Centre A

279

4

4

0

 

Centre B

77

0

1

0

 

Centre C

120

0

0

0

 

Centre D

0

0

0

0

 

Bethlehem

33

2

2

0

 

Ficksburg

5

0

0

0

 

Harrismith

33

2

2

2

 

Hennenman

18

0

0

0

 

Hoopstad

5

0

0

0

 

Lindley

14

0

0

0

 

Odendaalsrus

94

0

0

0

 

Senekal

10

0

1

0

 

Ventersburg

29

0

0

0

 

Virginia

110

2

3

2

 

Total

827

10

13

4

FS&NC REGIONAL TOTAL

3 830

25

96

12

 

GAUTENG REGION

Baviaanspoort

Emthonjeni

6

0

0

0

 

Medium

175

0

0

0

 

Maximum

138

2

3

0

 

Total

319

2

3

0

Kgoši Mampuru II

Local

20

1

1

1

 

Female

76

0

0

0

 

Central

569

13

20

2

 

C max

70

0

0

0

 

Atteridgeville

174

2

3

0

 

Odi

324

4

6

1

 

Total

1233

20

30

4

Johannesburg

Med A

39

0

0

0

 

Med B

487

2

8

0

 

Med C

107

0

0

0

 

Female

128

0

3

0

 

Total

761

2

11

0

Krugersdorp

Krugersdorp

320

1

8

2

 

Total

320

1

8

2

Modderbee

Modderbee

526

5

11

1

 

Nigel

89

0

3

0

 

Devon

47

0

1

1

 

Total

883

3

2

1

Zonderwater

Medium A

356

1

2

0

 

Medium B

207

2

4

1

 

Total

563

3

6

1

Leeuwkop

Med A

213

1

1

0

 

Med B

123

0

0

0

 

Med C

226

0

1

0

 

Maximum

321

2

0

1

 

Total

883

3

2

1

Boksburg not included due nursing staff on quarantine

GAUTENG REGIONAL TOTAL

4 741

36

75

10

 

KWAZULU-NATAL REGION (KZN)

Durban

Medium B

1003

0

19

5

 

Medium C

94

2

5

2

 

Youth

29

0

1

0

 

Female

228

0

0

0

 

Umzinto

143

0

1

0

 

Total

1497

2

26

7

Empangeni

Qalakabusha

605

6

12

0

 

Empangeni Medium

60

2

4

0

 

Eshowe

316

3

6

0

 

Mthunzini

21

0

0

0

 

Stanger

30

0

0

0

 

Maphumulo

14

0

1

0

 

Ingwavuma

9

0

0

0

 

Total

1055

11

23

0

Gloencoe

Bergville

6

1

1

0

 

Dundee

8

0

0

0

 

Estcourt

84

0

1

0

 

Glencoe

236

0

0

0

 

Greytown

22

1

1

0

 

Kranskop

17

1 MDR

1

0

 

Ladysmith

64

0

0

0

 

Pomeroy

11

0

0

0

 

Total

448

3

4

0

Kokstad

Ebhongweni

324

3

8

3

 

Kokstad Medium

158

2

2

2

 

Portshepstone

28

0

0

0

 

Matatiele

18

0

0

0

 

Total

528

5

10

5

Ncome

Medium A

155

1

1

1

 

Medium B

343

4

5

4

 

Melmoth

20

0

0

0

 

Nkandla

9

0

0

0

 

Nongoma

23

0

0

0

 

Vryheid

22

0

0

0

 

Total

572

5

6

5

Pietermaritzburg

Medium A

1055

1

45

4

 

Medium B

59

2

2

0

 

Ixopo

50

2

2

2

 

New Hanover

98

0

2

0

 

Sevontein

387

1

4

1

 

Total

1649

6

55

7

Waterval

Medium A

273

0

2

0

 

Medium B

148

0

0

0

 

Ekuseni

11

0

1

0

 

Newcastle

60

0

0

0

 

Utrecht

2

0

0

0

 

Total

494

0

3

0

KZN REGIONAL TOTAL

6 243

32

127

24

 

LIMPOPO MPUMALANGA AND NORTH WEST REGION (LMN)

Thohoyandou

Medium A

110

2

4

0

 

Medium B

N/A

N/A

N/A

N/A

 

Female/Juvenile

19

0

0

0

 

Makhado

28

1

1

0

 

Total

157

03

05

0

Polokwane

Polokwane

61

0

3

0

 

Modimolle

70

2

4

0

 

Tzaneen

6

0

0

0

 

Total

       

Klerksdorp

Potchefstroom

91

2

3

0

 

Klerksdorp

360

2

4

0

 

Christiana

20

0

0

0

 

Wolmaransstad

14

0

0

0

 

Total

485

4

7

0

Kutama-Sinthumule

Kutama-Sinthumule

637

1

2

0

 

Total

637

1

2

0

Witbank

Witbank

258

5

6

0

 

Middelburg

69

2

3

0

 

Carolina

4

0

0

0

 

Belfast

3

0

0

0

 

Total

334

7

9

0

Rusternburg

Losperfontein

212

2

11

2

 

Mogwase

105

0

3

0

 

Rustenburg Med A

56

1

1

1

 

Rustenburg COE

7

0

0

0

 

Total

380

3

15

3

Rooigrond

Medium A

256

1

1

0

 

Remand Det

0

0

0

0

 

Medium B

86

0

0

0

 

Lichtenburg

27

0

0

0

 

Zeerust

27

0

0

0

 

Total

396

1

1

0

Bethal

Bethal

180

2

4

2

 

Ermelo

82

0

0

0

 

Piet Retief

33

0

0

0

 

Standerton

149

2

1

1

 

Volksrust

27

0

0

0

 

Total

471

4

5

3

Barberton

Maximum

315

5

11

0

 

Nelspruit

32

6

8

1

 

Medium B

215

1

1

0

 

Town youth

15

0

0

0

 

Medium A

54

0

0

0

 

Lydenburg

35

0

0

0

 

Total

666

12

20

1

LMN REGIONAL TOTAL

3 663

37

71

7

 

WESTERN CAPE REGION

Allendale

Allandale

62

0

5

0

 

Paardeberg

30

1

4

0

 

Hawequa

4

0

0

0

 

Obiqua

31

0

0

0

 

Total

127

1

9

0

Brandvlei

Medium

47

1

2

1

 

Maximum

85

1

1

1

 

Youth

18

1

5

1

 

Total

150

3

8

3

Breederiver

Worcester Male

44

0

10

0

 

Worcester Female

48

1

3

0

 

Robertson

14

0

1

0

 

Warmbokkeveld

50

0

1

0

 

Dwarsrivier

41

0

5

0

 

Total

197

1

20

0

Drakenstein

Medium A

67

0

1

0

 

Medium B Youth

21

0

2

0

 

Maximum

70

1

5

1

 

Stellenbosch

9

0

0

0

 

Total

167

1

8

1

Goodwood

Goodwood

145

06

33

02

 

Total

145

6

33

2

Overberg

Medium

109

0

2

0

 

Maximum

120

1

7

1

 

Caledon

1

0

0

0

 

Buffeljagsrivier

0

0

0

0

 

Swellendam

109

0

2

0

 

Total

339

1

11

1

Pollsmoor

Female

19

0

3

0

 

Maximum

9

1

1

1

 

Medium A

3

0

0

0

 

Medium B

82

1

17

1

 

Medium C

18

0

6

0

 

Total

131

2

27

2

Southern Cape

George Male

38

1

3

0

 

George Female

22

0

0

0

 

Oudtshoorn Med A

21

0

1

0

 

Oudtshoorn Med B

22

0

0

0

 

Beaufort West

2

0

0

0

 

Ladismith

3

0

0

0

 

Prince Albert

10

0

0

0

 

Uniondale

6

0

0

0

 

Mosselbay

0

0

0

0

 

Knysna

10

0

1

0

 

Total

134

1

5

0

Voorberg

Medium A

16

2

3

2

 

Medium B

185

2

9

2

 

Van Rhynsdorp

38

0

18

0

 

Calvinia

2

0

0

0

 

Total

241

4

30

4

West Coast

Medium A

98

0

0

0

 

Medium B

3

0

1

0

 

Riebeeck West

3

0

1

0

 

Total

104

0

2

0

WESTERN CAPE REGIONAL TOTAL

1735

20

153

13

GRAND TOTAL

22 271

181

683

97

END

08 June 2020 - NW776

Profile picture: Waters, Mr M

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

With reference to the reply of the Minister of Employment and Labour to question 1554 on 13 December 2019, regarding a matter referred to the Public Prosecutor in Kempton Park pertaining to asbestos classrooms at the Chloorkop Primary School, what (a) is the status of the matter, (b) is the case number and (c) was the outcome of the matter after it was finalised?

Reply:

a) The matter was never reported to the SAPS. Instead, the Department of Labour’s file (19005/27 September 2016) was opened as per the provisions of the Occupational Health and Safety Act. In terms of the Act, Labour inspectors have the power to investigate certain health and safety issues and after completion, submit their findings to the NPA for a decision to prosecute or not.

The NPA became aware of the case when the Principal of Chloorkop Primary School was summoned by the Department of Labour to appear in court in January 2020 on certain Health and Safety provisions. The prosecution was not satisfied with the readiness of the case for enrolment and declined to enroll it.

b) Consequently, there is no case number.

c) The matter is not finalized, the senior public prosecutor has requested submission of the investigation file for a determination on whether or not to prosecute.

 

08 June 2020 - NW875

Profile picture: Bozzoli, Prof B

Bozzoli, Prof B to ask the Minister of Justice and Correctional Services

(1)Whether his department will offer any form of Covid-19 financial or other relief to small businesses; if not, why not; if so, what are the relevant details; (2) whether the COVID-19 financial or other relief will only be allocated to qualifying small businesses according to the Broad-Based Black Economic Empowerment Act, Act 53 of 2003, as amended; if not, what is the position in this regard; if so, (a) on what statutory grounds and/or provisions does he or his department rely to allocate Covid-19 financial or other relief only to small businesses according to the specified Act and (b) what form of Covid-19 financial or other relief, if any, will be made available to other small businesses?

Reply:

The question is not relevant to the Department of Correctional Services as it falls under the scope of the Department of Small Business and Development

END

08 June 2020 - NW942

Profile picture: Cebekhulu, Inkosi RN

Cebekhulu, Inkosi RN to ask the Minister of Justice and Correctional Services

(1)In view of recent reports on the increase in COVID-19 cases in the Republic’s correctional centres ahead of the scheduled release of approximately 19 000 prisoners, what are the plans regarding the (a) containment and quarantine after the release and (b) re-testing of those who are released; (2) how will the released detainees be monitored in light of the current challenges in respect of the monitoring of parolees?

Reply:

(1)(a) Should the released detainees require quarantine after release, they will be managed by the Department of Health facilities in their respective districts within which they are staying.

(1)(b) Those who are released will not be re-tested in the Department unless they meet testing criteria as indicated in the Clinical Management of suspected or confirmed COVID-19 cases:

  • a suspected COVID-19 case includes any person presenting with an acute (≤14 days) respiratory tract infection or
  • other clinical illness compatible with COVID-19, or
  • an asymptomatic person who is a close contact to a confirmed case or
  • presenting with COVID-19 key respiratory syndrome symptoms which consist of ANY of the following:
  • Cough
  • Sore throat
  • Shortness of breath
  • The loss of sense or smell or an altered sense of taste.
  • Other symptoms which may include fever, weakness, myalgia, or diarrhoea.

(2) Monitoring of parolees and probationers under lockdown regulation between level three (03) and five (05), will be conducted through telephonic monitoring system. The Department is in discussion with the JCPS Cluster to involve Community Policing Forum (CPFs) as part of monitoring mechanism.

All released parolees and probationers come with classification from the Parole Board. The Department will be guided by this classification of the released parolees and probationers.

If released parolees and probationers are categorised as low and medium risk during the current level four and three of the lock down, the Department will monitor them through telecommunication

If released parolees and probationers are classified by the Parole Board as maximum, the Department will physically monitor the released offenders throughout the lockdown period.

The current arrangement of monitoring only applies from level 3 to level 5 of the lockdown. When the lockdown goes to level 2 and level 1 the monitoring arrangements will change and all categories will be monitored physically.

END

08 June 2020 - NW501

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister of Justice and Correctional Services

What progress has his department made in establishing the Office of Complaints and Ethics to deal with service-related complaints and allegations of corruption?

Reply:

Service delivery – related complaints:

The Department of Justice and Constitutional Development (Department) has an approved Integrated Complaints Management Framework aimed at providing guidance and procedures in the management of complaints received from members of the public. Amongst others, the Framework states that complaints shall be finalised within fourteen (14) working days of receipt of the complaint. A dedicated e-mail account, servicedelivery@justice.gov.za, has also been established so as to facilitate streamlining of incoming complaints. The Department is in a process of establishing a call centre which is part of the bigger citizen-engagement strategy, and this will be finalised over the MTSF.

Ethics Management:

The Department has put controls in place in order to promote Fraud and Corruption Prevention. Amongst those is the Anti-Corruption and Ethics Management Policy as well as the Whistle Blowing Policy. The Anti-Corruption and Ethics Management Policy proposes an integrated approach to the fight against corruption and management of ethics, coupled with continuous awareness creation through sessions, information posters and leaflets, etc.

The Department has taken the stance that the management of ethics and fighting corruption activities is the responsibility of all officials, however designated key role players such as the Director-General (Acting), Ethics Champion and Ethics Committee members, Integrity Management Unit are bestowed with the responsibility to ensure the effective and efficient management of ethics.

All allegations pertaining to corruption within the Department are being investigated by the Internal Forensic Audit Unit. If the investigation reveals that there is substance in the allegation, the matter will be referred to Human Resource Management for disciplinary action. The allegation is also referred to the relevant Law Enforcement Agency for criminal investigation, i.e. the South African Police Service or the Directorate for Priority Crime Investigation. The Department will follow-up on the criminal investigation until it has reached its logical conclusion.

08 June 2020 - NW514

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

(1)What (a) is the current status of the parole review process, (b) are the relevant details of the review process and (c) is the exact date of the finalisation of the review process; (2) What are the (a) criteria and (b) indicators to access the parole review system; (3) What is the composition of each parole board (a) in each area and (b) in each province; (4) (a) what are the terms of reference of parole boards and (b) on what date will the terms of reference be made public?

Reply:

(1)(a) The Position Paper on the Revised Parole System has been forwarded to the National Council of Correctional Services (NCCS) for consideration and to advise the Minister.

(1)(b) A Position Paper on the Revised Parole System was developed and consulted internally. A national consultation session was held with Parole Boards and a selected number of Case Management Committees as well as with NCCS, Judicial Inspectorate for Correctional Services (JICS) and Medical Parole Advisory Board (MPAB).The NCCS hosted a round table discussion on the position paper, attended by the former Minister, former Deputy Minister, JICS, external stakeholders such as Sonke Gender Justice and Wits Justice Project. The position paper has been forwarded to the current NCCS for consideration.

(1)(c) The review process may result in some legislative amendments which will require consultation. The parole review process is receiving priority.

(2)(a) The parole review process looks at the parole process holistically and some of the matters that are considered include:

(i) Composition of the Parole Boards;

(ii) Review of the Parole Boards decision;

(iii) Minimum detention periods of offender serving for sexual and aggressive offences

(2)(b) The parole review process should allow relevant internal and external stakeholders to contribute. The outcome of the parole review process should adequately deal with all the challenges in the parole process.

(3)(a)&(b)

Fifty three (53) Parole Boards were established in terms of section 74 of the Correctional Services Act, 111 of 1998 on 1 October 2004 and it consist of:

  • Chairperson – Community member
  • Vice-Chairperson – Community member
  • DCS Representative – also act as Secretary
  • Two (2) x Community members
  • Co-option of SAPS

Each Parole Board country wide consists of 5 appointed members with SAPS to be co-opted to sit in meetings. The SAPS has identified a list of offences in which cases Parole Boards must request their attendance or inputs. Three (3) members of the Board constitute a quorum. One of whom must be the Chairperson or Vice Chairperson. In bigger areas such as Johannesburg, St Albans’ Leeuwkop, Kgoši Mampuru II and Durban two Parole Boards have being established in each area to deal with daily caseloads. Dedicated parole board facilities were provided for all Parole Boards nationally.

(4)(a) The primary task of the Parole Board is the responsible consideration and approval/disapproval of placement of offenders:

  • under correctional supervision;
  • on day parole;
  • Parole; and
  • Medical parole.
  • Setting of placement conditions where placement is approved
  • The granting of special remission of sentence to offenders for meritorious conduct.
  • Making submissions to the NCCS regarding offenders sentenced to life imprisonment.
  • Making recommendations to Courts on offenders declared as dangerous criminals as well as conversions of sentence

(4)(b) The Correctional Services Act 111 of 1998 which came into effect on
31 July 2004 in which section 74 specifically deals with the composition of the Correctional Supervision and Parole Boards and section 75 with the powers, functions and duties of Correctional Supervision and Parole Boards.

END

08 June 2020 - NW500

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Gondwe, Dr M to ask the Minister of Justice and Correctional Services

In light of the President’s Emergency Response Plan, what measures are being put in place by his department in order to capacitate and equip survivors of gender-based violence; (2) What number of (a) prosecutors, (b) magistrates, (c) court officials and (d) other law enforcement officials has his department provided with gender-sensitive training; (3) In addition to the establishment of special courts and the hiring of additional court officials, what other measures has his department put in place to clear the backlog of criminal cases for rape and other forms of gender-based violence; (4) What mechanisms has his department put in place to ensure that court officials who fail to (a) inform a complainant of his or her rights, (b) consider the complaint as soon as is reasonably possible and (c) serve an interim protection order and the original warrant of arrest on the complainant as stipulated by the Domestic Violence Act, Act 116 of 1998, are held accountable?

Reply:

1. (a) Government has adopted a multi-pronged approach in giving effect to the President’s Emergency Response Plan. Therefore, measures that are undertaken by the department are part of a comprehensive plan by various departments and Organs of State to empower and equip survivors of gender-based violence.

(b) The Department developed a Risk Assessment Tool for victims of intimate partner violence. This Tool is intended to increase the reporting rate in domestic violence and most importantly, to encourage survivors to take legal action against perpetrators on domestic violence so as to avoid further domestic violence and potential intimate femicide. It is primarily intended to reduce the incidence of intimate femicide in the country by opening the eyes of a victim of domestic violence so that they are able to make an informed choice when deciding what recourse to take. Copies of the Risk Assessment Tool have been widely distributed at our courts for the benefit of victims of domestic violence when they come to court to report a matter. Training on the national codified instructions has been provided to domestic violence clerks. Specific focus on the risk assessment tool has also been provided within this training.

(c) The Sexual Offences Courts play a critical role in empowering survivors of gender-based violence. Through these courts, sexual offences including rape are prioritised and these courts have maintained high conviction rates with harsh sentences as a deterrent to these heinous crimes.

(d) From the side of the National Prosecuting Authority (NPA), the Thuthuzela Care Centres (TCC) remain an important vehicle to support and equip survivors of gender based violence. Through the TCCs the services of various departments including departments of Health and Social Development are able to provide integrated support services as the investigation, prosecution and trial of cases in which they are involved unfold. It is for this reason that the NPA has been allocated additional funds from, amongst others, the Criminal Asset Recovery Account (CARA) into which the proceeds of crime are deposited, to expand the TCCs from the current total number of 55 country-wide.

(e) The Department continues to conduct awareness campaigns through, amongst other media platforms, the radio to provide public education; information sessions, and dialogues in communities, at which survivors participate. A number of radio stations participate in these programmes which have a wider coverage. According to the Broadcast Research Council of South Africa 82% of the population in South Africa, are radio listeners, therefore the Department was able to reach an estimated 32 million South Africans through the use of radio.

2. (a) The table below reflects the training provided by the National Prosecuting Authority to prosecutors until the end of 2018/19:

Financial Year

No. of prosecutors trained (on Sexual Offences and Domestic Violence Legislation)

Number of law enforcement officials and others (SAPS, DSD, DoH, etc.)

2013/14

212

564

2014/15

140

563

2015/16

265

711

2016/17

248

543

2017/18

153

469

2018/19

67

874

Total

1 085

3 724

(b) The on-going skills development of prosecutors, is to ensure updated and related expertise amongst prosecutors. Comprehensive training manuals were researched and developed in line with the latest developments in law. In particular, the Sexual Offences and Community Affairs unit has developed specialised training manuals for prosecutors, on sexual offences (including social context training), domestic violence, maintenance, child justice and trafficking in persons. In addition, the unit developed an integrated stakeholder manual for those directly involved at TCCs and Court preparation officers.

(c) Training has been conducted with domestic violence Clerks of Courts in four (4) provinces namely: Gauteng, KwaZulu-Natal, Mpumalanga and Northern Cape on the National Codified Instructions of Domestic Violence. It is envisaged that this will assist clerks to provide an effective service to complainants when they arrive at court for recourse on domestic violence matters.

(d)  The South African Judicial Education Institute provides (SAJEI) gender sensitivity training to newly appointed and serving judicial officers. The exact number of judicial officers trained in the previous financial year has been requested from SAJEI. The Office of the Chief Justice has informed the Department of Justice and Constitutional Development that a total number of 187 District Magistrates were provided with gender-sensitive training during the 2019/20 financial year. The training programmes focused on Domestic Violence, Protection from Harassment Act and Older Persons Act.

(e) In the 2019/20 financial year the Justice College trained court officials as per the table below:

Programme

Court Officials

Equality Courts Training

34

Protection from Harassment

147

Sexual Offences and Child Justice Acts

36

3. (a) It is inevitable that the national state of disaster and subsequent national Lockdown declared by the President following the outbreak of the COVID 19 pandemic will lead to exponential increase in case backlogs across all the tiers of our court system. The Regional Court, which prior to the national lockdown experienced 6 801 cases, will be the most overburdened. The total Regional Court Cases currently, are 7 651, which is a difference of 850 cases.

(b) Whilst under the Alert level 5 Lockdown courts dealt mainly with postponement and bail applications, during Alert Level 4 Lockdown sexual offences and domestic violence have been prioritised for trial.

i) The Directions’ lists published under Alert Level 4 list sexual offences and gender-based violence cases in the Annexure of Permitted Services.

In terms of the adopted plan, the Department collates all cases that were postponed in absentia during the national state of disaster and Lockdown and those which were not placed on the roll due to the lockdown. These cases are collated on a weekly basis and placed on a priority roll of each court. The existing structured case flow management meetings occur through the Provincial Efficiency Enhancement Committee (PEECs chaired by Judges President), Regional Efficiency Enhancement Committee (REECs chaired by the Regional Court Presidents) and the District Efficiency Enhancement Committees (DEECs chaired by the Chief Magistrates in the districts). It will be recommended that the PEECs, REECs and DEECs where all stakeholders are represented, including the organised legal profession, will manage these cases in their quarterly meetings. 

ii) The priority roll in every court will incorporate all cases which have been listed on the Annexure to the Directions as Permitted Services under Level 4 Lockdown. These cases include corruption, including corruption relating to COVID 19 procurement, gender-based violence, robbery and other serious offences listed in the Annexure.

iii) Cases which are not placed on the priority roll will then be postponed for dates far away in the future. 

iv) Other mechanisms to resolve these cases, in particular civil cases, will be settled through Alternative Dispute Resolution (ADR) mechanisms. It is in this context that services of Judges discharged from active services and accredited mediators will be solicited. A protocol is being developed to enlist services of retired judges, and the office of the Solicitor-General is already inundated with requests for diversion of their disputes through ADR.

v) To enhance prioritization in the prosecution of sexual offence cases in all divisions, to support the following projects, were introduced:

a) Sexual offence cases DNA backlog project. This project is to focus on fast tracking outstanding court cases due to the unavailability of the DNA analysis reports, specifically those cases that involve children. This project is done in conjunction with SAPS FCS and the Forensic Science Laboratory (FSL) and implemented in phases, to ensure that the backlog of these cases is reduced.

b) Sexual Offences cold cases project. The national project was initiated to relook at sexual offences “cold cases” that are not on the court rolls. This is to re-evaluate the content, with prosecutor-guided investigations and stakeholder cooperation with SAPS, with a view to placing fully investigated and prosecutable cases back on the court rolls. The project will be implemented in phases.

4. (a) In respect of (a) and (b) it is important to note that court officials who fail to inform a complainant of his or her rights, or consider the complaint as soon as is reasonably possible, are dealt with in terms of the existing performance management system which provides for disciplinary actions against any official who is found guilty of dereliction of duty.

(b) Interim protection orders and the original warrant of arrest relating thereto are served by police officers and there are regular structured meetings between the Department and SAPS management to address any glitches experienced in this regard.

08 June 2020 - NW447

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

(1) What number of social workers, placed at and performing their duties at the Community Corrections Division of his department were in the employ of his department as at 29 February 2020. (2)What number of the Community Corrections Officers who are not registered social workers and who were placed at and performing their duties at the Community Corrections Division of his department were in the employ of his department as at 29 February 2020?

Reply:

1. Permanent Community Corrections Social Workers as at end of February 2020

REGION

FILLED

VACANT

TOTAL

Eastern Cape

19

0

19

Free State and Northern Cape

12

1

13

Gauteng

20

1

21

KwaZulu-Natal

18

1

19

Limpopo, Mpumalanga and North West

25

1

26

Western Cape Region

22

3

25

GRAND TOTAL

116

7

123

Contract Social Workers as at end February 2020

REGION

TOTAL

Eastern Cape

4

   

Free State and Northern Cape

5

   

Gauteng

3

   

KwaZulu-Natal

2

   

Limpopo Mpumalanga and North West

3

   

Western Cape

4

   

GRAND TOTAL

21

   

(2) Permanent Community Corrections officers as at end of February 2020

REGION

FILLED

VACANT

TOTAL

Eastern Cape

214

30

244

Free State and Northern Cape

228

26

254

Gauteng

345

30

375

KwaZulu-Natal

249

26

275

Limpopo Mpumalanga and North West

386

25

411

Western Cape

310

50

360

GRAND TOTAL

1732

187

1919

END.

08 June 2020 - NW547

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

What is the bed space available for remand detainees in his department? (2) What number of detainees were incarcerated at remand detention facilities as at 31 December 2019? (3) What steps is his Department of Correctional Services taking to reduce the overcrowding of remand detention facilities?

Reply:

1. The Department of Correctional Services has a total of 118 572 bed space which is utilised to accommodate all categories of inmates. However, there are dedicated Remand Detention Facilities (RDFs) which house mainly remand detainees and a fraction of sentenced offenders to perform labour which cannot be performed by remand detainees. As at 10 April 2020 the approved bed space for 20 dedicated under RDFs was 15 120.

2. 51 636 Remand Detainees (RDs) were incarcerated by 31 December 2019 as per daily unlock of 01 January 2020.

3. The strategies that are implemented by the department to reduce the overcrowding of remand detainees are as follows:

a) Bail Protocol Section 63(A) (Criminal Procedure Act - CPA): It allows the Head of the Centre to submit an application to court for review of bail of RDs who have been charged with Schedule 7 crimes. The criteria for submitting an application is when a particular centre/detention facility is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of remand detainees. These must be the lower court cases (Regional and Magistrate courts). The possible outcomes are as follows:

• Release of the RD;

• Release and placement on warning;

• Placement under s62(f): Supervision by a correctional official;

• Reduction of the amount of bail;

• Placement in a secure care facilities; and

• Decline to review bail (Unsuccessful application)

b) Section 63(1) of the Criminal Procedure Act: This section allows the RD or the prosecutor to approach the court for a review of bail. All the RDs with bail qualify for bail review, however DCS cannot initiate the process without the permission of the RD.

c) Plea Bargaining Section 105 (CPA): DCS promotes the use of plea bargaining, however the agreement for entering into Plea Bargaining is between the RD, the Legal representative and the Prosecutor.

d) Section 49G of the Correctional Services Act: The section makes provision for the DCS to refer the RDs to court before completing a period of two years for consideration of their detention and thereafter annually if the RD remains in detention after the initial referral. The court will utilise options highlighted in section 63A of the CPA when considering the application from DCS.

While the department implements the strategies for reducing the population of remand detainees, it should be noted that the drivers of the population are beyond the control of the Department of Correctional Services. The key drivers are the use of pre-trial detention by courts and the increasing trend in serious crimes. The increase in serious crimes is closely related to an increase in the use of pre-trial detention by courts without the option of bail. Other drivers are the number of admissions received from courts and the length of stay which are beyond the control of institutions responsible for the detention of RDs.

Other factors include, failure to pay bail by those few RDs who have been awarded bail, delays in finalising court cases despite several court appearances. Large number (80%) of RDs are without bail.

END

08 June 2020 - NW515

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

What (a) is the total number of parole boards in each province, (b) areas does each parole board serve, (c) are the conditions on which perpetrators convicted of (i) rape, (ii) murder, (iii) housebreaking, (iv) carjacking, (v) theft of motor vehicles, (vi) house robbery and (vii) drug-related crimes are granted parole by the parole boards and (d) policy guides his department and/or the parole boards when granting a prisoner parole?

Reply:

a) What is the total number of parole boards in each province?

b) What areas does each parole board serve?

(a) REGION

NUMBER PAROLE BOARDS

(b)MANAGEMENT AREAS

CORRECTIONAL CENTRES

FS/NC

07

Bizzah Makhate

 

Bizzah Makhate, Ventersburg, Senekal, Bethlehem, Lindley, Harrismith, Hennenman, Hoopstad, Odendaalsrus, Virginia, Ficksburg

   

Colesburg

 

Colesburg, De Aar, Richmond, Victoria West, Hopetow

   

Goedemoed

 

Goedemoed, Edenburg, Fauresmith, Bethuli, Zastron

   

Groentpunt

 

Groentpunt, Vereeniging, Sasolburg, Frankfort, Parys, Heilbron

   

Grootvlei

 

Grootvlei, Brandfort, Boshof, Ladybrand, Winburg, Wepener, Mangaung (APOPS).

   

Kimberley

Kimberley, Barkley-West, Douglas

   

Upington

Upington, Springbok, Kuruman.

EC

09

Mthatha

Mthatha, Nggeleni, Mqanduli

   

Lusikisiki

Lusikisiki, Bizana, Mt Ayliff, Mt Fletcher, Mt Frere, Flaggstaff, Tabankulu, Umzimkulu

   

Sada

Sada, Queenstown, Barkley East, Sterkspruit, Butterworth, Idutywa, Willowvale, Lady Frere, Elliotdale, Nqamakwe, Cofimvaba, Engcobo, Dordrecht

   

Amathole

Amathole, Fort Beaufort, King Williams Town, Grahamstown, Stutterheim

   

East London

East London, Mdantsane

   

Cradock

Cradock, Burgersdorp, Middelburg, Somerset East, Graaff Reinet

   

Kirkwood

Kirkwood, Jansenville

   

St Albans x 2

St Albans, Port Elizabeth, Patensie

GP

11

Baviaanspoort

Baviaanspoort

   

Boksburg

Boksburg, Heidelberg

   

Johannesburg x 2

Johannesburg

   

Kgosi Mampuru II x 2

Kgosi Mampuru, Atteridgeville, Odi

   

Krugersdorp

Krugersdorp

   

Leeuwkop x 2

Leeuwkop

   

Modderbee

Modderbee, Nigel, Devon

   

Zonderwater

Zonderwater

KZN

8

Durban x 2

Durban, Umzinto

   

Empangeni

Empangeni, Qalakabusha, Mtunzini, Maphumulo, Stanger, Eshowe, Ingwavuma

   

Glencoe

Glencoe, Dundee, Bergville, Ladysmith, Estcourt, Greytown, Kranskop, Pomeroy

   

Kokstad

Kokstad, Matatiële, Port Shepstone

   

Ncome

Ncome, Vryheid, Nongoma, Melmoth, Nkandla

   

Pietermariztburg

Pietermariztburg, Sevontein, Ixopo, New Hanover

   

Waterval

Waterval, Utrecht, Ekuseni, Newcastle

WC

10

Allendale

Allendale, Staart van Paardeberg, Obiqua, Hawequa

   

Brandvlei

Brandvlei

   

Breederiver

Worcester, Dwarsrivier, Robertson, Warmbokkeveld

   

Drakenstein

Drakenstein, Stellenbosch

   

Overberg

Helderstroom, Caledon, Buffeljagsrivier, Swellendam

   

Pollsmoor x 2

Pollsmoor, Goodwood

   

Southern Cape

George, Oudtshoorn, Beaufort Wes, Ladismith, Prince Albert, Uniondale, Mossel Bay, Knysna

   

Voorberg

Voorberg, Calvinia, Van Rhynsdorp

   

West Coast

Malmesbury, Riebeeck West

LMN

08

Barberton

Barberton, Lydenburg, Nelspruit

   

Bethal

Bethal, Geluk, Standerton, Ermelo, Piet Retief, Volksrust

   

Klerksdorp

Klerksdorp, Christiana, Wolmaransstad, Potchefstroom

   

Polokwane

Polokwane, Modimolle, Tzaneen

   

Rooigrond

Rooigrond, Lichtenburg, Zeerust

   

Rustenburg

Rustenburg, Brits, Losperfontein, Mogwase

   

Thohoyandou

Thohoyandou, Louis Trichardt, Kutama Sinthumule (APOPS

   

Witbank

Witbank, Middelburg

Total

53

   

(c) What are the conditions on which perpetrators convicted of (i) rape, (ii) murder, (iii) housebreaking, (iv) carjacking, (v) theft of motor vehicles, (vi) house robbery and (vii) drug-related crimes are granted parole by the parole boards

Possible placement conditions used by Correctional Supervision and Parole Boards:

  • Placed under house detention;
  • Community service in order to facilitate restoration of the relationship between the sentenced offenders and the community;
  • Reside at a fixed address which has been approved after consultations with the Head Community Corrections;
  • Takes part in treatment, development and support programmes;
  • Participates in mediation between victim and offender or in family group conferencing;
  • In the case of a child, is subject to the additional conditions as contained in Section 69 of the Correctional Services Act (Act 111 of 1998);
  • Restricted to one or more magisterial districts;
  • Refrains from using alcohol or illegal drugs;
  • Refrains from committing a criminal offence;
  • Refrains from visiting a particular place;
  • Refrains from making contact with a particular person or persons or threatening a particular person or persons by word or action;
  • Subject to monitoring and
  • Any other appropriate condition.

When placement conditions are considered, the merits of each case are taken into account including the type of offence the offender is serving for e.g. additional condition for offenders sentenced for sexual offences is that they should not work with children while out on parole.

(d) What Policy guides his department and/or the parole boards when granting a prisoner parole?

  • Correctional Services Act, 1998 (Act No. 111 of 1998);
  • Correctional Services Act, 1959 (Act No. 8 of 1959);
  • Criminal Procedure Act, 1977 (Act No. 51 of 1977);
  • White Paper on Correction (2005); and
  • B-Order 1, Chapter 26 Correctional Supervision and Parole Boards.

END

08 June 2020 - NW568

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

What number of (a) parole applications are currently in the process of approval (i) with each parole board and (ii) in each province and (b) the specified parole applicants have been convicted of (i) rape, (ii) murder, (iii) kidnapping, (iv) culpable homicide, (v) housebreaking and/or (vi) any other specified crime?

Reply:

here's the link for reply:  https://pmg.org.za/files/RNW568_REPLY.docx

08 June 2020 - NW663

Profile picture: Selfe, Mr J

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

(1)Whether assessments are done of inmates admitted to correctional centres serving sentences of 24 months or less, as is required by section 38 of the Correctional Services Act, Act 111 of 1998; if not, why not; if so, what are the relevant details; (2) What rehabilitative and/or educational programmes are available to such inmates obliged to participate in such programmes?

Reply:

1. All sentenced offenders are subjected to an immediate risk and needs assessment (i.e. immediate educational needs, vulnerability to sexual violence and exploitation, social and psychological needs among others) within 6 hours upon admission. The classification of all offenders is also done for all categories to determine their risk levels. The dynamics of such an offender population must be considered. It is a very mobile population which has a significant impact on the time needed for a useful assessment. The compilation of the Correctional Sentence Plan however is reserved for offenders sentenced to longer than 24 months.

2. Correctional Programmes are available to sentenced offenders. Correctional Programmes are non – therapeutic in nature and rendered within the group work mode, meaning groups of 15 – 20 offenders in a group. Since the Department is focussing on offenders sentenced to longer than 24 months, when assessments are conducted and programmes rendered accordingly, these groups of offenders are not obliged to attend Correctional Programmes. The following thirteen (13) Correctional Programmes are however available to sentenced offenders:

  1. New Beginnings Orientation
  2. Anger Management (Anger In Anger Out)
  3. Cross Roads
  4. Restorative Justice Orientation
  5. Preparatory Programme on Sexual Offences
  6. Substance Abuse (Stop to Start)
  7. Behaviour Modification Programme on Gangsterism
  8. Economic Crime Programme (fraud related)
  9. Economic Crime Programme (theft related)
  10. Programme on Murder and related offences (Changing Lanes)
  11. Programme on Robbery and related offences (Change is possible)
  12. Correctional Programme for Female Offenders
  13. Pre – Release Programme

Educational Programmes

All offenders are subjected to assessment for placement in the various educational programmes. Educational programmes are offered to all inmates in the following:-

  • 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. These are offered by the DCS full time schools.
  • Higher Education and Training (HET): After completing their Grade 12 qualification, offenders are afforded an opportunity to advance their education through distant education.
  • Computer Based Training: This programme is offered to promote computer based learning 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 Programmes

Skills Development programmes are available to offenders serving a sentence of 24 months or less, where resources are available the following options are available:

  • Vocational skills training programmes are offered as per availability at a Correctional Centre. Offenders are offered accredited and non-accredited training. The Department focuses on ensuring that offenders assigned to workplaces are offered accredited training, in addition to workplace learning, to ensure employability and self-sustainability upon release.
  • An example of the programmes available are hairdressing, nail technology, chef assistant training, waste management, new venture creation, welding, plumbing, and other entrepreneurial training programmes just to mention a few.
  • Technical Vocational Education and Training (TVET) College programmes are available to offenders who want to enter the vocational educational field and it is also available as a post school option, at Correctional Centres where resources are available. The objective of the TVET College programme, is to yield job–linked programmes and graduates that are immediately employable. This is the contribution of DCS in counteracting the high rate of unemployment by improving skills and productivity of the incarcerated.

END

08 June 2020 - NW664

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

What number of instances of (a) deaths, (b) segregations, (c) use of mechanical restraints and (d) use of force were reported to the Inspecting Judge as is required by sections 15(2), 30(6), 31(3)(d) and 32(6) of the Correctional Services Act, Act 111 of 1998, respectively in the past three years?

Reply:

Details are as follows

 

2017/2018

2018/2019

2019/2020

(a)

DEATHS - Section 15 (2)

518

557

528

(b)

SEGREGATION - Section 30 (6)

7694

8063

8204

(c)

USE OF MECHANICAL RESTRAINTS - Section 31 (3) (d)

63

52

67

(d)

USE OF FORCE - Section 32 (6)

690

618

508

TOTAL

8965

9290

9307

END

08 June 2020 - NW662

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

Whether he has found that sufficient work is provided to all sentenced offenders as provided for in section 40(1)(a) of the Correctional Services Act, Act 111 of 1998; if not, (a) why not and (b) what proportion of sentenced offenders are provided with such sufficient work?

Reply:

(a) No, not all sentenced offenders can be eligible to work, such as offenders with further charges, disabilities and sentenced children unless for the purpose of training aimed at obtaining skills for their development, offenders who were declared unfit to perform labour.

Offenders are allocated work activities by Case Management Committees (CMC) considering the offender’s security risk classification.

Sentenced offenders are therefore provided with work opportunities internally and externally within the correctional centre environment. The allocation varies from centre to centre depending on available created work opportunities. The internal allocations include:

  • Office Cleaners;
  • Section Cleaners;
  • Care Givers;
  • Tutors – Peer Educators;
  • Barbers;
  • Laundry;
  • Kitchen Cleaners; and
  • Kitchen Cooks

The external allocations include but are not limited to:

  • Maintenance: Plumbers; Welders , Bricklayers, Electricians, Carpenters  and Painters;
  • Workshop: Textile, Steel and Wood;
  • Terrain Cleaning Team;
  • Agriculture: Vegetable, Dairy and Meat;
  • Skills Development;
  • Car Wash;
  • Visit Room Cleaners; and
  • Special projects – (Poverty Alleviation)

One of the major challenges is the allocation of work to a maximum offender which is based on risks posed. Such offenders are not allowed to leave the correctional centre, therefore all work opportunities are sourced or confined within the centre or a security plan must be available for such offender that needs to be taken out of the centre.

(b)  As at end March 2020, 3 3971 (70.52%) offenders out of 4 8170 with work opportunities performed work against a target of 56%. It should be noted that not all centres can highly perform due to demographics, and security classification of offenders accommodated per correctional centre.

On average, 1 500 offenders work in production workshops per day, while, on average, 3 000 offenders are working in agriculture/farms per day. The department is continuosly making an effort for sentenced offenders to be provided not only with work opportunities but also by following daily activites in a form of programmes and services as outlined by Structured Day Programme (SDP) and executed through rostering

END

08 June 2020 - NW660

Profile picture: Breytenbach, Adv G

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

(1)What policies and guidelines has his department put in place to prevent detainees under its care from being infected with the coronavirus by (a) staff members at its facilities and (b) remand detainees who may travel to and from court; (2) what are the relevant details of his department’s contingency plan in the event that a large percentage of warders become infected simultaneously?

Reply:

(1)(a) The department has approved Standard Operating Procedures for the Preparedness, Detection and Response to Coronavirus Disease 2019
(COVID-19) which stipulates a number of psychological/psychosocial protocol measures and guidelines or activities to be implemented in order to prevent transmission of COVID-19 from staff to detainees at facilities and these include:

  • Presentation of awareness sessions to the staff on:
    • explanation on what COVID-19 is and the mode of spread;
    • the signs and symptoms of COVID-19 to be aware of;
    • measures to be taken to prevent spreading COVID-19 to others or acquiring it;
    • compliance with basic Infection Prevention and Control (IPC) measures; and
    • responsibilities of reporting to health care professionals or their health care providers when experiencing signs and symptoms.
  • Implementation of Infection Prevention and Control measures especially the health care professionals when providing health care services;
  • Screening of all officials on a daily basis when reporting for duty to ensure that those that are symptomatic are immediately referred to their health care providers for further management;
  • Ensuring that all staff wash their hands with soap and water and sanitize them at regular intervals;
  • Ensuring social/physical distancing even though wearing masks;
  • Issuing all staff with cloth masks when performing their duties (e.g. for guarding and escorting), and coughing and sneezing staff with surgical masks; and
  • Issuing of domestic gloves which must be decontaminated in between searches.

(1)(b) Remand detainees who may travel to and from court are protected as follows:

  • guarding and escorting staff are provided with PPEs (cloth masks, disposable gowns or aprons and heavy duty or domestic gloves;
  • there must be maintenance of social/physical distancing of 2 meters where practically possible, e.g. not overloading the vehicles; and
  • all utensils, equipment, and vehicle used during transportation of such cases must be cleaned and disinfected after use.

(2) The Department has a contingency plan in place whereby non-centre based officials appointed in terms of the Correctional Service Act and the Public Service Act that have undergone basic training, will be transferred to the centres where services are needed as a result of staff shortages as a result of COVID-19. The Department has also entered into a Memorandum of Understanding with the South African National Defence Force whereby reserves will be used to augment the services rendered by correctional officials. In addition, the ex- Correctional Services officials will be appointed to augment the imminent shortage.

END

08 June 2020 - NW658

Profile picture: Breytenbach, Adv G

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

(1)(a) On what date was the first infection reported with regard to the outbreak of the COVID-19 infections at the East London Correctional Facility and (b) what number of days after the first patient became symptomatic was the person tested for COVID-19; (2) (a) what are the full relevant details of containment measures that were put in place (i) before and (ii) after the first infection was reported at the East London Correctional Facility, including but not limited to measures aimed at (aa) isolating the infected patient from the prison population, (bb) identifying and isolating the contacts of the first infected patient and (cc) testing of the contacts of the first patient and (b)(i) on what date and (ii) for what period were each of these measures implemented?

Reply:

(1)(a) The first infection was confirmed on 06 April 2020.

(1)(b) From 30 to 31 March 2020 the index official reported sick to the supervisor and was admitted to hospital on 01 April 2020. The index-official was accompanied by two colleagues also working at the same Centre and was tested for COVID-19 on arrival and result were to be available on 04 April 2020. However, the doctor immediately referred the two colleagues as well for self-quarantine pending the outcome of the results of the admitted patient.

(2)(a)(i) The East London Correctional Centre implemented Standard Operating Procedures (SOP) for Preparedness, Detention and Response to Coronavirus diseases (COVID-19) as approved by the National Commissioner on 14 March 2020. The SOP was implemented together with the Department’s COVID-19 National Disaster Response and Mitigation Plan for prevention, containment and recovery or re-integration. All officials and offenders, were trained both internally by the Department and the Provincial Department of Health on COVID-19 on how to prevent infection and handle infected cases.

In addition, the Management Area procured Personal Protective Equipment (PPEs) in order to prevent the spread of the virus and continued to maintain a virus free environment through proper use of PPEs.

The Management Area COVID-19 response plan was activated resulting in mass screening and testing of both officials and inmates. Identified cells within the correctional centre were utilised to quarantine and isolate presumptive cases during the mass screening. These cells were already identified and prepared for this purpose as required by the SOP. Guest houses and isolation sites were also identified through the assistance of the Department of Health.

(2)(aa) The index official was tested for COVID-19 on 01 April 2020, where the medical doctor immediately referred the two colleagues for self-quarantine pending the outcome of the results. Furthermore, one of the two officials tested positive upon testing and was subsequently isolated. The other colleague who tested negative is back at work after having been quarantined.

The 56 inmates who tested positive for COVID-19 were moved to the other section of the Centre as it is not overcrowded. The following processes in the management of inmates were followed:

  • COVID-19 Response team with clear Roles at all levels (Centre, Area, Regional level) was established;
  • Conducted awareness sessions to all inmates on COVID-19;
  • Continuous screening of all inmates;
  • All inmates with COVID-19 signs and symptoms are identified and referred for testing;
  • Partner Departments (SAPS, DoH, NICD etc) are involved in this process;
  • Presumptive, positive and negative cases are separated and monitored according to the three cohorts;
  • Inmates awaiting COVID-19 results are quarantined / isolated;
  • All positive cases are monitored for complications and referred to secondary hospital for treatment;
  • Vulnerable inmates (i.e above 60, diabetics, HIV positives, TB patients, Asthmatics, cancer patients, pregnant females), are identified, classified and monitored as per risk factors;
  • Isolated/Quarantine inmates are retested for COVID-19 before exit out of quarantine;
  • Psychological, Spiritual care are provided to confirmed inmates;

(2)(bb) The three officials were interviewed in line with Disease Outbreak guidelines of Department of Health to establish places that they visited in order to determine possible point of contamination. Identification and tracing of contacts was done resulting in the testing of 268 inmates of which 56 being positively diagnosed with COVID-19. Furthermore, identified officials on the same shift as the index official were immediately quarantined and 92 officials from Med C, where the index official is working, were tested and 23 were positive including the index patient who recently recovered and has tested negative.

(2)(cc) Contacts of first patient were tested through assistance from Department of Health and National Health Laboratory Services (NHLS) from 08 to 09 April 2020. Subsequent to the tracing, Department of Health initiated mass screening and testing at the Port St Johns area.

(2)(b)(i) Implementation of the Standard Operating Procedures (SOP) for Preparedness, Detention and Response to Coronavirus diseases (COVID-19) and the Department’s COVID-19 National Disaster Response and Mitigation Plan for prevention, containment and recovery were implemented on 15 March 2020.

(2)(b)(ii) All these measures are still applicable to date as per the availability of NHLS or the Department of Health testing team. The Correctional Centre continues to implement containment and recovery measures while also intensifying prevention measures. The recent date for testing conducted by NHLS was on 24 April 2020.

END

08 June 2020 - NW758

Profile picture: Hendricks, Mr MGE

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

Whether, given that no prisoners are allowed to receive any visitors due to the COVID-19 lockdown to curb the spread of the virus, the families of Muslim prisoners will be allowed during the last week of Ramadan to bring them gift packs of sweet treats and drinks in celebration of Eid-ul Fitr; if not, why not; if so, what are the relevant details?

Reply:

No,

The State President announced a state of disaster in March 2020, putting the country in a state of lockdown. Subsequently, the Department suspended all visits to Correctional Centres.

Based on the above, Correctional Centres will not be able to receive any gift packs for offenders as there are no visits permitted during Level 05 and 04 of lockdown.

END

08 June 2020 - NW673

Profile picture: Bagraim, Mr M

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

Whether he, his department and/or any entity reporting to him received any donation of personal protection equipment since 1 February 2020; if so, in each case, what are the relevant details of (a) the date on which the donation was received, (b) the name of the donor, (c) the monetary value of the donation, (d) the branding that appeared on the donated equipment, including the branding of any political party, and (e)(i) how and (ii) where was the donated equipment distributed?

Reply:

The Department of Justice and Constitutional Development, as well as the Special Investigating Unit and Legal Aid South Africa have not received any donations of personal protection equipment (PPE) since 1 February 2020.

However, the National Prosecuting Authority has received donations of PPE as follows:

  1. Date of donation: 23 April 2020
  2. Name of donor: United Nations Office on Drugs and Crime (UNODC)
  3. Total Amount: R40 150.00
  4. No branding on the PPEs
  5. (i) The equipment was donated to Thuthuzela Care Centres (TCCs) through Childline SA and were transported from UNODC offices in Pretoria, via courier service, to 5 provincial offices. The staff at those provincial offices transported the PPEs to the relevant TCCs and Childline offices.

(ii) Distribution to the five (5) provincial offices was as follows:

Office

Physical address (for delivery of goods)

Stock Allocation

KZN Childline National Office

24 Stephen Dlamini Road, Musgrave, Durban, 4001

  • 28 x Boxes of Gloves
  • 14 x Boxes of Masks
  • 15 x Bottles of Sanitisers

North West Childline

31 Retief Street, Potchefstroom 

  • 3 x Boxes of Gloves
  • 4 x Boxes of Masks
  • 4 x Bottles of Sanitisers

Free State Childline

54 Aliwal street, Arboretum, Bloemfontein

  • 3 x Boxes of Gloves
  • 5 x Boxes of Masks
  • 7 x Bottles of Sanitisers

Limpopo: Mankweng Thuthuzela Care Centre

Mankweng Hospital, Houtbosdorp Road, Sovenga, 0727

  • 4 x Boxes of Gloves
  • 4 x Boxes of Masks
  • 7 x Bottles of Sanitisers

Mpumalanga Childline

15 Kremetart Street, West Acres, Nelspruit 1200

  • 2 x Boxes of Gloves
  • 8 x Boxes of Masks
  • 7 x Bottles of Sanitisers

Personal Protective Equipment (PPE)

Price

40 boxes gloves (of 50 pieces each)

R10 200.00

35 boxes of masks (50 pieces each)

R26 250.00

20 Litres of hand sanitiser (40 bottles of 500ml)

R3 700.00

Total

R40 150.00

NOTE: The donation applicable to the NPA is only made to the TCCs. Childline does not fall under the NPA, however, the available distribution figures do not distinguish a further breakdown between TCCs and Childline at provincial level.

08 June 2020 - NW731

Profile picture: Selfe, Mr J

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

Whether offenders released on parole or after completion of their sentences will be screened for coronavirus infection; if not, why not; if so, what are the relevant details of the process that will be followed in testing the specified persons?

Reply:

Offenders released on parole or after completion of their sentences are screened for coronavirus infection in terms of the Departmental Standard Operating Procedures (SOP) for the Preparedness, Detection and Response to Coronavirus Disease 2019 (COVID-19).

All presumptive and confirmed COVID-19 offenders who are due for parole or release are quarantined and isolated in DCS and parole suspended until confirmed negative.

Should the home environment allow for home quarantine or isolation (based on their individual health status) as determined by the Social Workers in Community Corrections, the offender may be paroled and linked with the District Tracer Teams.

These offenders will be subjected to a pre-release programme which includes information about their health condition (e.g. self-care and prevention measures) and provided with a two (2) months’ supply of medication.

Offenders whose sentences have ended are released and linked with the District Tracer Teams and referred in terms of the departmental health care referral procedures.

END

08 May 2020 - NW391

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Justice and Correctional Services

What (a) was the total number of remission of sentences affected since 16 December 2019 and (b) are the relevant details in this regard?

Reply:

(a) Releases on 2019 special remission of sentence from 17 December 2019 until 06 March 2020

TABLE: 01: STATUS OF SPECIAL REMISSION BY REGIONS: 06 MARCH 2020

REGION

COMMUNITY CORRECTIONS

CORRECTIONAL CENTRE

TOTAL RELEASES

EC

3 662

1 443

5 105

GP

3 281

4 103

7 384

KZN

3 889

2 142

6 031

LMN

2 288

2 157

4 445

FSNC

1 760

1 586

3 346

WC

4 273

4 480

8 753

TOTAL

19 153

15 911

35 064

(b) Details

Table: 02: RELEASES FROM CORRECTIONAL CENTRES PER: 06 MARCH 2020

Description

Males

Females

Total

Children(Less than 18 years)

31

10

41

Youth (18 – 25 years)

3 224

263

3 487

Adult (26 -64 years)

10 940

1 020

11 960

Elderly (65 & older)

355

23

378

Disabled

38

7

45

Total

14 588

1 323

15 911

Table: 03: UNCONDITIONAL and CONDITIONAL RELEASES FROM CORRECTIONAL CENTRES: 06 MARCH 2020

REGIONS

UNCONDITIONAL

CONDITIONAL

TOTAL

EC

956

487

1 443

GP

2965

1 138

4 103

KZN

1 492

650

2 142

LMN

1 532

625

2 157

FS & NC

1 093

493

1 586

WC

3 846

634

4 480

NATIONAL

11 884

4 027

15 911

Table: 04: STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS

STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS REPORTED BY REGIONS AS AT 06 MARCH 2020

REGION

NUMBER

REASONS

TOTAL

RE-ARREST

EC

9

6x Theft; 1 x Possession of stolen goods, 1x Assault , 1x House breaking (2xAmathole, 1xSt Albans, 4x Sada,2x Kirkwood)

9

GP

8

8 x theft ( 1x Boksburg and 5 x Johannesburg,1X Krugersdorp, 1x Zonderwater )

8

KZN

4

1x Housebreaking;1x malicious damage to property, 1x House Breaking W/I to steal & Malicious damage to property, 1x theft

(2x Kokstad, 1x Ncome and 1x Empangeni)

4

LMN

2

1 x offender released on the 02/01/2020 was readmitted on the 02/01/2020 for dealing with drugs and 1x theft (1x Bethal and 1 x Thohoyandou)

2

FSNC

5

1xRobbery, 2X House breaking and theft, 1x Theft, 1x violation of protection order (2x Upington, 3x Colesberg)

5

WC

22

13 x Theft, 5x Housebreaking & theft; 1x Assault, Theft & Housebreaking 1x Dealing in drugs & Assault; 1x Drug possession, and 1 x Suspected Stolen goods.

(6x Pollsmoor, 1x Overberg, 4 x Voorberg, 1x Mosselbay; 2 x Oudtshoorn, 2 x Breede River (Worcester Male, 2 x Malmesbury RDF, 2 x Allandale 2 x Voorberg)

22

TOTAL

50

Theft , Assault, Housebreaking and theft, dealing with drugs, robbery , Drugs possession, Suspected Stolen goods, violation of protection order, Malicious damage to property

50

END

22 April 2020 - NW534

Profile picture: Macpherson, Mr DW

Macpherson, Mr DW to ask the Minister of Justice and Correctional Services

What progress has been made by the S A Police Service in investigating case number CAS 1452/9/2019 that was opened against Gupta companies and associates (names furnished), on 27 September 2019 at Cate Town Central Police Station and (b) on what date is the investigation expected to be concluded?

Reply:

 

 

26 March 2020 - NW637

Profile picture: Hendricks, Mr MGE

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

Whether he and/or his department has been informed that since October 2020 prisoners of the Muslim faith have received no spiritual guidance during this challenging period under the COVID-19 regulations; if not, why not; if so, will his department look into the matter in order to reinforce spiritual guidance to Muslim prisoners?

Reply:

Yes, Muslim offenders have been receiving Spiritual Care services and programmes continuously since October 2020.

The Department of Correctional Services (DCS) has an existing Memorandum of Understanding (MoU) with the National Muslim Prison Board (NMPB) for provision of spiritual care services and programmes catering for the spiritual needs of Muslim inmates.

The MoU between DCS and NMPB was signed on 10 December 2014 and it was reviewed MoU and signed again 04 March 2020 in Pretoria wherein both parties cemented a well-established working relationship in the rehabilitation and reintegration of offenders. The MoU demonstrates commitment to continuous engagement and commitment to afford inmates belonging to the Muslim faith to practise their religion as outlined in the constitution of the country.

Annual meetings are convened to ensure co-ordination and planning in the provision of services and programmes to Muslim offenders.

Lastly, DCS Chaplains nationally, are co-ordinating the work of providing spiritual care services and programmes to all inmates including Muslim offenders daily.

END

19 March 2020 - CW45

Profile picture: Mokause, Ms MO

Mokause, Ms MO to ask the Minister of Justice and Correctional Services

One of the major problems with the adjudication of land rights disputes is the fact that the Land Claims Court has no permanent judges. Have you considered reconfiguring the Land Claims Court into being a full time court, with at least twelve permanent judges?

Reply:

The Honourable Member is correct that one of the problems with the adjudication of land rights disputes is the fact that the Land Claims Court has no permanent judges.

The Restitution of Land Rights Act, 22 of 1994, established the Land Claims Court to adjudicate land claims. The Court also has jurisdiction to hear and adjudicate other land reform matters pertaining to the Extension of Security of Tenure Act, 62 of 1997, and the Land Reform (Labour Tenants) Act, 3 of 1996. In terms of the existing legislative framework, Judges, of the Land Claims Court, including its Judge President, are seconded from the Divisions of the High Court randomly. The lack of a permanent bench for this important court is one of the contributing factors in South Africa falling behind in the development of land jurisprudence.

The Department of Justice and Constitutional Development has been mandated by the Inter-Ministerial Committee on Land Reform, which I chair, to develop a new Land Court Bill to address this challenge and a draft Bill has already served before the IMC. It is expected that the Bill will be presented to Cabinet within the next few months once it completed the internal consultation processes.

It is anticipated that the Land Court will have exclusive jurisdiction in respect of matters which demand expertise and speciality in resolving land disputes. An incremental approach might have to be followed towards defining the Court’s jurisdiction, the first step of which is to include those Acts of Parliament that facilitate the promotion of the vision enshrined in section 25 of the Constitution in respect of land reform, under the jurisdiction of the Court. The jurisdiction of the Court can then gradually be expanded to also deal with disputes arising from the administration and implementation of other legislation that regulate land reform and other land rights matters.

The President has, pending the finalisation of the Land Court Bill, approved creation of three additional positions of Judges, two in the Gauteng Division and one in the KwaZulu Natal Division, to hear exclusively land matters. The Judicial Service Commission will conduct interviews for these positions during its sitting of April 2020.

18 March 2020 - NW9

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

With reference to my letter of 7 October 2019, on what date is it envisaged that parole will be granted to the three persons (names and details furnished) who have qualified for parole?

Reply:

I would like to apprise the Honourable Member that the profiles of the mentioned offenders have been submitted to the National Council for Correctional Services (NCCS) for reconsideration thereafter which it will be submitted to my office for a decision.

The fact that these offenders are eligible for consideration for placement on parole does not mean that conditional placement will be granted automatically, as a number of factors are considered before placement can be approved. Accordingly, dates of their placement on parole cannot be provided at this stage as they are still to be considered by the National Council for Correctional Services and where placement on parole or further profiling can be decided upon.

The following factors are among other factors taken into consideration when an offender is considered for possible placement on parole:

  • The offenders response to development and treatment programmes associated with rehabilitation.
  • The existence and quality of support systems in the community.
  • The probability of re- offending.
  • The risk that the offender may pose to the community at large and
  • The outcome of restorative justice processes and possible referral for mediation if it had not been done prior to the Correctional Supervision and Parole Board meeting; and the risk to the victim.

END

18 March 2020 - NW129

Profile picture: Singh, Mr N

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

Whether, given the high level of corruption in the Public Service and low levels of prosecution for corruption, he has considered the establishment of an independent corruption specific investigative and prosecutorial body to combat, investigate and prosecute graft in the Republic; if not, what is the position in this regard; if so, what are the further relevant details?

Reply:

Already, there is an existing independent corruption specific investigative and prosecutorial body, namely, the Investigating Directorate in the National Prosecuting Authority (NPA).

In this regard, the President, in terms of section 7(1) of the National Prosecuting Authority Act, 1998 (Act No.32 of 1998) (“the NPA Act”), on recommendation of the Minister of Justice and Correctional Services, Minister of Police and National Director of Public Prosecutions, proclaimed on 25 March 2019, the establishment of an Investigating Directorate in respect of the following criminal cases:

1. Common law offences of:

(a) Fraud;

(b) Forgery;

(c) Uttering;

(d) Theft; and

(e) Any offence involving dishonesty.

2. Statutory offences including but not limited to contraventions of:

(a) The Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004);

(b) The Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998);

(c) The Protection of Constitutional Democracy against Terrorist and Related Activities, 2004 (Act No. 33 of 2004);

(d) The Public Finance Management Act, 1999 (Act No. 1 of 1999);

(e) The Local Government: Municipal Finance Management, 2003 (Act No. 56 of 2003);

(f) The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001); and

(g)  Any other statutory offence involving dishonesty.

3. In addition, any unlawful activities relating to serious, high profile or complex corruption cases including but not limited to offences or criminal or unlawful activities arising from the following commissions and inquiry:

(a) The Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State promulgated under Presidential Proclamation No. 3 of 2018 published in Government Gazette No. 41403, 25 January 2018;

(b) The Commission of Inquiry into Tax Administration and Governance by the South African Revenue Service (SARS) established by Presidential Proclamation No. 17 of 2018 published in Government Gazette No. 41562 of 24 May 2018;

(c) The Commission of Inquiry into Allegations for Impropriety regarding the Public Investment Corporation established under Presidential Proclamation No. 30 of 2018. Published in the Government Gazette No. 41979 of 17 October 2018; and

(d) Any other serious, high profile or complex cases of corruption referred to the Directorate by the National Director in accordance with Section 28(1)(b) of the NPA Act.

The Head for the Investigating Directorate, Advocate Hermione Cronje, has been appointed, and the Investigating Directorate is functional.

It needs to be noted that, though the Investigating Directorate only deals with the high end corruption matters, the lower value corruption cases do, however, receive full attention as well through the normal processes. In this regard we have, for example, specialised courts to deal with serious commercial crime cases and corruption. They are called Specialised Commercial Crimes Courts (SCCCs), and are underpinned by dedicated prosecutorial Specialised Commercial Crimes Units (SCCUs) in the NPA and dedicated investigators from police (SAPS/ DPCI) side. The SCCUs and the SCCCs play an important role in dealing with corruption cases and in dealing with the investigation and prosecution of “graft”.

These measures are paying off dividends as NPA statistics indicate that 152 government officials were convicted for corruption or offences related to corruption in the first three quarters of the 2019/20 financial year, and a further 198 persons of private sector corruption. In 2018/19, 210 officials were convicted, and in the previous year 213 officials.

It needs to be pointed out that serious corruption matters are mostly complex and require significant investigations that take time. Fortunately, we also see lately, on a daily basis, media articles that mention cases of prosecution for corruption and convictions in that regard.

In an effort to fast track the recovery of funds lost to the state from corruption or irregular spending, His Excellency, President Cyril Ramaphosa has furthermore established a Special Investigating Unit (SIU) Special Tribunal in February 2019. This was done because of a need to fast-track the finalisation of matters that had been referred for civil litigation after the conclusion of an investigation. These are matters where the SIU would ordinarily have gone the normal High Court civil litigation route to have government contracts declared invalid or set aside.

Fast-tracking these matters through the Special Tribunal is currently enabling the SIU to recover monies and or assets lost by state institutions through irregular and corrupt means; thus ensuring that those who are responsible for the loss of monies and or assets by state institutions are held accountable. The litigation process includes both public and private sectors, persons and entities. Such civil proceedings will be based on the outcomes from the investigations by SIU.

Judge Gidfonia Mlindelwa Makhanya has been appointed as President of the Tribunal.

The Special Tribunal is fully functional and is able to adjudicate any civil proceedings brought to it by the SIU, either in its own name or on behalf of a state institution or interested party, which stems from an SIU investigation.

18 March 2020 - NW128

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

Whether he has considered facilitating the establishment of a specialist branch of anti-corruption courts with judges and prosecutors that are similar to the Agency Against Corruption in Taiwan, which has shown tremendous success particularly in the prosecution and successful conviction of senior politicians in Taiwan who have been found to have been involved in graft; if not, what is the position in this regard; if so, what are the further relevant details of such a consideration?

Reply:

No, I have not considered facilitating the establishment of a specialist branch of anti-corruption courts with judges and prosecutors that are similar to the Agency Against Corruption (AAC) in Taiwan. This is because the Agency Against Corruption was historically formed to deal with integrity and ethics management in the Taiwanese government and aims to ensure a strong national integrity infrastructure through a specialised authority to enforce ethical governance. It plans and executes Taiwan’s overall anti-corruption strategies and not only acts as a police authority, but also as a prosecutorial power.

The way in which they operate is more of an institution that coordinates all aspects of integrity and anti-corruption related activities - much the same as the Anti-Corruption Task Team (ACTT) we currently have.

What should be noted is that the Taiwan High Courts, based on their various needs, have established several professional courts when required, such as the Professional Court of Anti-corruption, Professional Court of Fair Trade Cases, Professional Court of Sexual Harassment, etc.

This is similar to the South African situation where we have created specialist and dedicated courts when required. In this regard we have, for example, labour courts and land claims courts, etc.

In relation to the question, it needs to be borne in mind that we already have specialized courts to deal with serious commercial crime cases. They are called Specialized Commercial Crimes Courts (SCCCs), and are underpinned by dedicated prosecutorial Specialised Commercial Crimes Units (SCCUs) in the National Prosecuting Authority (NPA) and dedicated investigators from police (SAPS/DPCI) side. In future, cases flowing from the Investigating Directorate (ID) of the NPA may also be taken to the Specialized Commercial Crimes Courts, where required. Noteworthy is that the Investigating Directorate has both investigative and prosecutorial capabilities.

Because they deal with serious corruption and other related economic crimes, these courts function mostly on a regional court level that can impose strong sentences on conviction. The Specialized Commercial Crimes Unit and Investigating Directorate of the NPA may also take very serious commercial crimes cases to the High Courts.

An important innovation of our Specialised Commercial Crime Court-model, is not that it only hears one type of case, namely, serious commercial crimes. Rather, it is the improved integration of the work of the prosecutors and investigators whose cases came to these courts that make a difference. Moreover, the fact that court time is specifically dedicated to such crimes means that, once in court, they can be processed more speedily than may have been the case on a normal general open court roll.

The dedication of specific staff (investigators, prosecutors, and designated regional magistrates) has assisted with the functioning of these courts.

For the 2018/19 financial year, these courts contributed to the NPA’s impact on serious economic crime as is evident in the 800 verdict cases finalised in complex commercial crime, with 760 convictions (95% conviction rate).

Unlike the practice in the rest of the criminal justice system, the prosecutor assigned to a particular case is involved in its investigation at a much earlier point in time. In this regard the prosecutor and investigator(s) are a team, but the prosecution helps guide the investigations and the integrated work methodology leads to improved convictions.

What have been assisting these courts are the following factors:

(a) In general, the involvement of the Specialized Commercial Crimes Unit prosecutors in coordinating the commercial crime cases and being involved from the start in the investigation phase, meant that the investigation tended, on average, to be both more effectively and more efficiently completed, making it that much easier to complete the charge sheet and present an effective case.

(b) Prosecutors, having been involved in the investigation, were much more attuned to, and familiar with, the specific facts of the case, making their presentation in court more effective. Moreover, this high level of preparedness made it that much more likely that defense counsel would advise their clients to plead guilty.

(c) The fact that particular magistrates were dedicated to commercial crimes also meant that both defense and prosecution had a better sense of the needs of the court, making cases more efficient. In addition, the familiarity of the court with the nature of these cases meant that the cases could proceed more rapidly.

We currently have fully established Specialized Commercial Crimes Courts in the following five (5) provinces:

  1. Free State: Bloemfontein Regional Court;
  2. Western Cape: Cape Town Regional Court;
  3. Gauteng: Palm Ridge Regional Court; and Pretoria Regional Court;
  4. Eastern Cape: Port Elizabeth Regional Court; and
  5. KZN: Durban Regional Court.

We anticipate that investigations and prosecutions of serious economic crime including corruption, will increase significantly, including cases arising from investigations conducted by the NPA’s Investigating Directorate, emanating from the various Commissions of Inquiry focusing on State Capture and Corruption. Therefore, we should have at least one Specialized Commercial Crimes Court per province. We need to create/strengthen capacity through the establishment and capacitation of Specialized Commercial Crimes Courts and the Specialized Commercial Crimes Unit of the NPA.

Funding has consequently been provided in terms of the MTSF and MTEF for the capacitation of both Specialized Commercial Crimes Courts and Specialized Commercial Crimes Units in the following 5 additional places, across the MTSF 2019-2024 period, in a phased manner as capacity and other required measures are put in place by all relevant role players:

a) Eastern Cape (Mthata);

b) North West (Mmabatho/Mafikeng);

c) Limpopo (Polokwane);

d) Mpumalanga (Mbombela); and

e) Northern Cape (Kimberley/Botshabelo).

02 March 2020 - NW65

Profile picture: Joseph, Mr D

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

What (a) type of performance and/or incentive bonuses exist in the (i) Department of Correctional Services and (ii) Department of Justice and Constitutional Development, excluding 13th cheque and (b) amount was budgeted for these performance and/or incentive bonuses (i) in the (aa) 2017-18 and (bb) 2018-19 financial years and (ii) 2019-20 financial years?

Reply:

a) (i) The Department of Correctional Services applies the following performance incentive measures that are prescribed by the Public Service and Administration`s Incentive Policy Framework for Employees in the Public Service, namely: Pay progression am performance bonuses.

b) (i) Amounts budgeted are outlined in the table below:

 

Financial year

Pay progression

Performance bonus

(aa)

2017/18

R 89 537 849.29

R 55 320 043.08

(bb)

2018/19

R46 736 992.73

R 49 185 555. 88

(ii)

2019/20

R 128 943 606. 69

R 59 437 035.00

11 December 2019 - NW1444

Profile picture: Horn, Mr W

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

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

Reply:

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

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

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

09 December 2019 - NW1193

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

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

Reply:

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

09 December 2019 - NW1443

Profile picture: Horn, Mr W

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

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

Reply:

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

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

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

09 December 2019 - NW1445

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

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

Reply:

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

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

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

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

09 December 2019 - NW1446

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

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

Reply:

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

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

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

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

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

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

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

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

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

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

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

09 December 2019 - NW1711

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

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

Reply:

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

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

09 December 2019 - NW1712

Profile picture: Chirwa, Ms NN

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

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

Reply:

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

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

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

09 December 2019 - NW1511

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

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

Reply:

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

National Departments

No

Proc No

Dept/State Institution

End date

Reason

1

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

National Department of Public Works

2020/2021

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

Investigation ongoing

2

R42 of 2010 extended by R73 of 2011

South African Police Service

2019/2020

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

3

R53 of 2012

Department of Rural Development and Land Reform (Land Restitution)

2019/2020

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

4

R54 of 2012

Department of Water Affairs and Forestry

2018/2019

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

5

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

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

2020/2021

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

Investigation ongoing

6

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

2019/2020

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

7

R55 of 2014

Department of Labour and Compensation Fund

2019/2020

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

8

R59 of 2014

National Department of Public Works

2018/2019

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

9

R18 of 2016

Department of Correctional Services

2019/2020

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

10

R19 of 2016

Construction Industry Development Board

2020/2021

Investigation ongoing

11

R24 of 2017

Department of Rural Development and Land Reform

2020/2021

Investigation ongoing

12

R28 of 2017

Department of Correctional Services and Independent Development Trust

2020/2021

Investigation ongoing

13

R37 of 2017

National Department of Transport

2020/2021

Investigation ongoing

14

R21 of 2018 amended by R33 of 2019

Department of Justice and Constitutional Development

2020/2021

Extended by Proclamation R33 of 2019.

Investigation ongoing

15

R27 of 2018 amended by R44 of 2019

National Department of Water and Sanitation

2020/2021

Extended by Proclamation R44 of 2019.

Investigation ongoing

16

R18 of 2019

National Health Laboratory Services

2020/2021

Investigation ongoing

Provincial Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R17 of 2016

Department of Education: EC

2018/2019

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

2

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

 

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

Investigation ongoing

3

R23 of 2016

Provincial Department of Transport: KZN

2019/2020

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

4

R32 of 2016

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

2019/2020

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

5

R9 of 2017

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

2019/2020

Investigation ongoing

6

R17 of 2017

Department of Social Development: EC

2019/2020

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

7

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

2019/2020

Extended by proclamation R6 of 2019.

Investigation ongoing

8

R30 of 2017 amended by R45 of 2019

Provincial Treasury: KZN

2020/2021

Extended by proclamation R45 of 2019.

Investigation ongoing

9

R35 of 2017

PSETA

2019/2020

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

10

R2 of 2018 amended by R31 of 2019

North West Department of Public Works and Roads and Transport

 

Extended by proclamation R31 of 2019.

Investigation ongoing

11

R4 of 2018

AGRISETA

2019/2020

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

12

R5 of 2018

Tshwane South College

2019/2020

Investigation ongoing

13

R10 of 2018

Department of Correctional Services: KZN

2019/2020

Investigation ongoing

14

R12 of 2018

Roads Agency Limpopo Ltd

2020/2021

Investigation ongoing

15

R14 of 2018

Department of Transport: KZN

2019/2020

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

16

R16 of 2018 amended by R25 of 2018

MICT SETA

2020/2021

Investigation ongoing

17

R36 of 2018

Department of Transport: KZN

2020/2021

Investigation ongoing

18

R4 of 2019

Umgeni Water

2020/2021

Investigation ongoing

Local Government Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R62 of 2010

Tshwane Metropolitan Municipality

2019/2020

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

2

R52 of 2014

Greater Tubatse Local Municipality

2019/2020

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

3

R21 of 2016

Msunduzi Local Municipality

2018/2019

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

4

R59 of 2016 amended by R7 of 2018

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

2019/2020

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

Investigation ongoing

5

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

Mopani District Municipality

2020/2021

Extended by R16 of 2019.

Investigation ongoing

6

R10 of 2017

Harry Gwala District Municipality

2019/2020

Final presidential report submitted to Presidency 15/10/2019

7

R18 of 2017 amended by R43 of 2019

Thabazimbi Local Municipality

2020/2021

Extended by proclamation R43 of 2019.

Investigation ongoing

8

R19 of 2017

Alfred Nzo Local Municipality

2019/2020

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

9

R25 of 2017

Lesedi Local Municipality

2020/2021

Investigation ongoing

10

R36 of 2017

Alfred Nzo Local Municipality

2019/2020

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

11

R6 of 2018

Raymond Mhlaba Local Municipality

2019/2020

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

12

R9 of 2018

Mbhashe Local Municipality

2019/2020

Investigation ongoing

13

R13 of 2018

EC Institutions (Nelson Mandela Funeral)

2019/2020

Investigation ongoing

14

R26 of 2018

Ethekwini Metropolitan Municipality

2019/2020

Investigation ongoing

15

R28 of 2018 amended by R5 of 2019

Ekurhuleni Metropolitan Municipality

2020/2021

Extended by proclamation R5 of 2019.

Investigation ongoing

16

R7 of 2019

Moretele Local Municipality

2020/2021

Investigation ongoing

17

R17 of 2019

City of Johannesburg

2020/2021

Investigation ongoing

State Owned Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R53 of 2014 amended by R15 of 2015

SITA

2019/2020

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

2

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

2019/2020

Investigation ongoing

3

R11 of 2018

Eskom and Transnet

2020/2021

Investigation ongoing

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

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

No

Proc No

Dept/State Institution

Total value of civil matters instituted

1

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

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

R208 025 175

2

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

R675 293

3

R59 of 2014

National Department of Public Works

R21 710 374

4

R19 of 2016

Construction Industry Development Board

R1 109 577 173

5

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

R2 521 024 500

6

R27 of 2015 extended by R20 of 2018

National Department of Public Works

R12 596 561

7

R10 of 2017

Harry Gwala District Municipality

R2 000 000

8

R18 of 2017

Thabazimbi Local Municipality

R49 848 921

9

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

R1 344 388

10

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

R329 277 653

11

R11 of 2018

Eskom

R3 700 000 000

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

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

No

Proc No

Dept/State Institution

Value

1

R40 of 2015

Buffalo City Metropolitan Municipality

R7 910 305

2

R59 of 2014

National Department of Public Works

R118 480 288

3

R23 of 2016

Provincial Department of Transport: KZN

R1 059 762

4

R9 of 2017

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

R432 000

5

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

Mopani District Municipality

R1 320 101

6

R10 of 2017

Harry Gwala District Municipality

R851 522

7

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

R622 178

8

R25 of 2017

Lesedi Local Municipality

R50 000

9

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

R594 926

10

R4 of 2018

AGRISETA

R59 100

11

 

SIU Acknowledgement of Debt Enforcement Department

R5 451 928

c) Proclamations still ongoing and reasons why not concluded

(i) List of proclamations still ongoing

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

National Departments

No

Proc No

Dept/State Institution

End date

Reason

1

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

National Department of Public Works

2020/2021

Investigation ongoing

2

R42 of 2010 extended by R73 of 2011

South African Police Service

2019/2020

Final presidential report has been prepared and is currently under review

3

R53 of 2012

Department of Rural Development and Land Reform (Land Restitution)

2019/2020

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

4

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

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

2020/2021

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

Investigation ongoing

5

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

2019/2020

Final presidential report has been prepared and is currently under review

6

R55 of 2014

Department of Labour and Compensation Fund

2019/2020

Final presidential report has been prepared and is currently under review

7

R18 of 2016

Department of Correctional Services

2019/2020

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

8

R19 of 2016

Construction Industry Development Board

2020/2021

Investigation ongoing

9

R24 of 2017

Department of Rural Development and Land Reform

2020/2021

Investigation ongoing

10

R28 of 2017

Department of Correctional Services and Independent Development Trust

2020/2021

Investigation ongoing

11

R37 of 2017

National Department of Transport

2020/2021

Investigation ongoing

12

R21 of 2018 amended by R33 of 2019

Department of Justice and Constitutional Development

2020/2021

Extended by Proclamation R33 of 2019.

Investigation ongoing

13

R27 of 2018 amended by R44 of 2019

National Department of Water and Sanitation

2020/2021

Extended by Proclamation R44 of 2019.

Investigation ongoing

14

R18 of 2019

National Health Laboratory Services

2020/2021

Investigation ongoing

Provincial Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

 

Extended by Proclamation R27 of 2019.

Investigation ongoing

2

R23 of 2016

Provincial Department of Transport: KZN

2019/2020

Final presidential report has been prepared and is currently under review

3

R32 of 2016

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

2019/2020

Final presidential report has been prepared and is currently under review

4

R9 of 2017

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

2019/2020

Investigation ongoing

5

R17 of 2017

Department of Social Development: EC

2019/2020

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

6

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

2019/2020

Extended by proclamation R6 of 2019.

Investigation ongoing

7

R30 of 2017 amended by R45 of 2019

Provincial Treasury: KZN

2020/2021

Extended by proclamation R45 of 2019.

Investigation ongoing

8

R35 of 2017

PSETA

2019/2020

Final presidential report has been prepared and is currently under review

9

R2 of 2018 amended by R31 of 2019

North West Department of Public Works and Roads and Transport

 

Extended by proclamation R31 of 2019.

Investigation ongoing

10

R4 of 2018

AGRISETA

2019/2020

Final presidential report has been prepared and is currently under review

11

R5 of 2018

Tshwane South College

2019/2020

Investigation ongoing

12

R10 of 2018

Department of Correctional Services: KZN

2019/2020

Investigation ongoing

13

R12 of 2018

Roads Agency Limpopo Ltd

2020/2021

Investigation ongoing

14

R14 of 2018

Department of Transport: KZN

2019/2020

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

15

R16 of 2018 amended by R25 of 2018

MICT SETA

2020/2021

Investigation ongoing

16

R36 of 2018

Department of Transport: KZN

2020/2021

Investigation ongoing

17

R4 of 2019

Umgeni Water

2020/2021

Investigation ongoing

Local Government Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R52 of 2014

Greater Tubatse Local Municipality

2019/2020

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

2

R59 of 2016 amended by R7 of 2018

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

2019/2020

Extended by proclamation R7 of 2018.

Investigation ongoing

3

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

Mopani District Municipality

2020/2021

Extended by R16 of 2019.

Investigation ongoing

4

R10 of 2017

Harry Gwala District Municipality

2019/2020

Final presidential report submitted to Presidency 15/10/2019

5

R18 of 2017 amended by R43 of 2019

Thabazimbi Local Municipality

2020/2021

Extended by proclamation R43 of 2019.

Investigation ongoing

6

R19 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

7

R25 of 2017

Lesedi Local Municipality

2020/2021

Investigation ongoing

8

R36 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

9

R6 of 2018

Raymond Mhlaba Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

10

R9 of 2018

Mbhashe Local Municipality

2019/2020

Investigation ongoing

11

R13 of 2018

EC Institutions (Nelson Mandela Funeral)

2019/2020

Investigation ongoing

12

R26 of 2018

Ethekwini Metropolitan Municipality

2019/2020

Investigation ongoing

13

R28 of 2018 amended by R5 of 2019

Ekurhuleni Metropolitan Municipality

2020/2021

Extended by proclamation R5 of 2019.

Investigation ongoing

14

R7 of 2019

Moretele Local Municipality

2020/2021

Investigation ongoing

15

R17 of 2019

City of Johannesburg

2020/2021

Investigation ongoing

State Owned Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R53 of 2014 amended by R15 of 2015

SITA

2019/2020

Final presidential report has been prepared and is currently under review

2

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

2019/2020

Investigation ongoing

3

R11 of 2018

Eskom and Transnet

2020/2021

Investigation ongoing

22 November 2019 - NW1016

Profile picture: Selfe, Mr J

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

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

Reply:

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

(a) who was appointed

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

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

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

Dr KJ Kometsi

Ms LUZ Rataemane

Dr M Mako

Clinical Psychologist

 

Ms B Ngobeni

Community Development Expert

 

Ms L Smit

NGO promoting Social Re-integration of offenders back into society

 

Dr M F Randera

Medical Doctor

 

Mr S Nkanunu

Practicing attorney

 

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

Dr VR Chetty

CRIMINOLOGIST:

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

11 November 2015

Ms AL Vilakazi

ATTORNEY:

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

 

Ms N Gwayi

Dr RM Mgudu

Ms BN Ngobeni

COMMUNITY DEVELOPERS AND EDUCATORS:

Ms. Nondumiso Gwayi

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

Mr. Richard Mzoxolo Bhunga Mgudu

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

Ms. Busi Ngobeni

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

 

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

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

(a)who was appointed

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

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

Mr IL de Klerk

Ms ST Monyemane

Ms LUZ Rataemane

Experts in clinical psychology

18 May 2016

Adv KA Mahumani

Rev JP Clayton

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

 

Ms AL Vilakazi

Dr VR Chetty

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

 

Mr N Nkopo

Expert in community justice systems

 

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

22 November 2019 - NW1055

Profile picture: Selfe, Mr J

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

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

Reply:

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

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

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

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

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

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

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

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

 

Correctional centre

Status

Corrective action

1

Glencoe*

Completed 2019/20

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

2

Tzaneen*

Under construction

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

3

Lichtenburg*

Planning

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

4

Leeuwkop*

Planning

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

5

Voorberg*

Planning

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

6

Zeerust*

Planning

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

7

Makhado*

Zinc construction

Planning will commence when funds are available

8

Atteridgeville*

Zinc construction

Planning will commence when funds are available

9

Drakenstein Medium B*

Zinc construction

Planning will commence when funds are available

10

Pollsmoor Medium B*

Zinc construction

Planning will commence when funds are available

11

Groenpunt Medium*

Zinc construction

Planning will commence when funds are available

12

Brandvlei Medium*

Zinc construction

Planning will commence when funds are available

13

Brandvlei Maximum*

Closed

Closed. Repair and renovation project is in planning stage

14

Umzimkhulu*

Closed

Closed. Repair and renovation project is in planning stage

15

Geluk*

Closed

Closed. Planning will commence when funds are available

16

Standerton

Completed 2019/20

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

17

Estcourt

Completed 2019/20

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

18

Parys

Under construction

Upgrading and addition of 176 bed spaces commenced in 2019

19

Burgersdorp

Planning

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

20

Bethal

Planning

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

21

Mahikeng

Planning

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

22

Port Shepstone

Planning

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

19 November 2019 - NW873

Profile picture: Horn, Mr W

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

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

Reply:

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

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

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

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

END

19 November 2019 - NW1368

Profile picture: Cachalia, Mr G K

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

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

Reply:

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

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

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

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

31 October 2019 - NW1272

Profile picture: Wessels, Mr W

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

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

Reply:

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

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

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

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

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

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

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

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

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

31 October 2019 - NW1097

Profile picture: Bergman, Mr D

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

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

Reply:

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

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

This decision was informed after, amongst others:

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

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

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

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

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

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

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

31 October 2019 - NW1171

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

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

Reply:

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

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

Travel cost:                               R379 867.61

Accommodation and meals:       R392 361.69

Total cost:                                 R772 229.30

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

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

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

Travel cost:                        R408 368.27

Accommodation:                R244 308. 00

Total cost:                         R652 676. 27

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

30 October 2019 - NW1119

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

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

Reply:

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

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

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

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

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

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

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

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

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

22 October 2019 - NW885

Profile picture: Breedt, Ms T

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

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

Reply:

a) Domestic violence:

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

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

Domestic Violence - Criminal

Period

Total no. of cases disposed of

  1. Withdrawn Cases

Withdrawal Rate*

aaa) 2017/18

9 782

5 487

56.1%

bbb) 2018/19

10 438

6 174

59.1%

bb) Q1* of 2019/20

3 013

1 780

59.1%

*Q1 = April - June 2019

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

Constitutional Development)

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

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

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

b) Sexual offences:  

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

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

17 October 2019 - NW874

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

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

Reply:

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

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

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

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

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

17 October 2019 - NW746

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

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

Reply:

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

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

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

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

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

2. There were no gifts distributed to the guests.

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

17 October 2019 - NW1049

Profile picture: Hendricks, Mr MGE

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

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

Reply:

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

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

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

17 October 2019 - NW883

Profile picture: Wessels, Mr W

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

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

Reply:

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

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

2. No.

17 October 2019 - NW831

Profile picture: Lorimer, Ms K

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

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

Reply:

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

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

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

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

FINANCIAL YEAR

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

TOTAL VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

2016/17

26

1

27

96,3%

39

2017/18

95

7

102

93,1%

153

2018/19

62

3

65

95,4%

97

2019/20

16

0

16

100,0%

25

Grand Total

199

11

210

94,8%

314

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

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

DIVISION

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

Eastern Cape Division

1

0

1

100,0%

3

Eastern Cape Division - Mthatha

0

0

0

0.0%

0

Free State Division

1

0

1

100,0%

1

Gauteng Division: Provincial

8

2

10

80,0%

14

Gauteng Local Division

22

2

24

91,7%

34

Kwa-Zulu Natal Division

17

2

19

89,5%

25

Limpopo Division

31

1

32

96,9%

49

Mpumalanga Division

101

0

101

100,0%

160

Northern Cape Division

1

1

2

50,0%

0

North West Division

14

3

17

82,4%

25

Western Cape Division

3

0

3

100,0%

3

Grand

199

11

210

94,8%

314