Questions and Replies

Reply:

a) The National Commissioner was informed on 22 March 2023.

(b)(i) The notification was received from the DCS, Director: Contract Management.

(b)(ii) The notification was received by means of a written investigation report on the escape of the mentioned offender.

END

Reply:

a) The following number of inmates escaped from lawful custody:

Region	2018/19	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	12	01	06	07	05
Free State & Northern Cape	05	09	11	03	03
KwaZulu-Natal	05	05	03	06	02
Western Cape	06	04	75	03	05
Gauteng	21	10	12	02	02
Eastern Cape	07	05	10	01	10
TOTAL	56	34	117	22	27

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

Region	2018/19	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	10	1	3	1	5
Free State & Northern Cape	5	8	9	3	3
KwaZulu-Natal	4	4	2	5	2
Western Cape	5	3	75	3	5
Gauteng	13	6	2	2	1
Eastern Cape	7	5	10	1	5
TOTAL	44	27	101	15	21

b) Conditions that contribute to escapes from DCS facilities include amongst others:

• Lack of maintenance, poor and outdated infrastructures;
• Influx of contrabands in Correctional Facilities; &
• Non-compliance to policies and procedures by DCS officials.

END.

Reply:

1. I have been informed by the Commission that the matter has still not been concluded and the hearing has still not commenced.

2. The cause of the delay can be attributed to a number of challenges. At its meeting held on 31 August 2018, the Magistrates Commission (‘’the Commission’’) resolved to charge Mr Nzimande with misconduct. He was personally served with a charge sheet on 04 September 2018.

On 05 October 2018, the Minister, on recommendation of the Commission, provisionally suspended Mr Nzimande from office. The provisional suspension was confirmed by both the National Assembly and the National Council of Provinces.

On 25 October 2018, Mr Nzimande responded to the allegations of misconduct against him, as fully set out in the charge sheet, and denied all the allegations against him.

The previous Chairperson of the Commission had an agreement with the former National Director of Public Prosecutions (NDPP) to release a Senior Advocate from his Office to assist the Commission in leading the evidence at the disciplinary hearing.

The Senior Advocate was released for that purpose and was appointed on 04 December 2018 as the Person Leading Evidence (PLE). He however retired and was not willing to provide further assistance as the PLE. The newly appointed NDPP was advised accordingly and requested to appoint someone pursuant to the agreement with her predecessor.

On 22 February 2019, after obtaining approval from the Heads of Courts to release the magistrates to preside over Mr Nzimande’s disciplinary hearing, the Commission appointed three (3) Regional Court Magistrates as Presiding Officers (POs).

On 24 January 2020, the NDPP responded and confirmed they would release another senior advocate to assist as a new PLE. The new PLE unfortunately withdrew on 22 February 2021.

Following his withdrawal, the Commission resolved not to approach the Office of the NDPP for assistance again, and further resolved to appoint two senior magistrates as PLEs. On 29 March 2021, a Regional Magistrate and a Senior Magistrate were so appointed.

On 04 June 2021, the Regional Magistrate requested to withdraw as PLE for the reason that he would be retiring in 2022 and the disciplinary hearing will not be finalized by the time he vacates office.

On 20 August 2021, the Senior Magistrate also requested to withdraw.

The Commission there-after resolved to appoint two private practitioners as PLE.

The Commission found it difficult to find a Presiding Officer within the ranks of magistrates owing to Mr Nzimande’s rank as Regional Court President and seniority. The Commission then resolved to appoint a retired Judge to preside over the disciplinary hearing as the Regulations for Judicial Officers in the Lower Courts, 1994, were amended on 29 October 2021 to also make it possible to appoint a judge for purposes of a misconduct hearing.

3(a) The appointment of a Judge to preside over the misconduct hearing will enable the Commission to proceed with the matter. It is, however, difficult to specify any date. I have been informed that the Commission will ensure that as soon as the Presiding Officer is appointed, that the hearing takes place without any further delay.

(b) The total remuneration paid to Mr Nzimande since his suspension is R6 308 874.38.

Reply:

A draft National Prosecuting Authority Amendment Bill has been drafted in consultation with the National Prosecuting Authority and its being prepared for tabling in Cabinet for approval to introduce the Bill in Parliament. It is envisaged that the Bill will be introduced into Parliament in August 2023.

The Bill aims to bring about amendments to the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) to facilitate the establishment of a permanent entity within the Office of the National Director of Public Prosecutions. The envisaged amendments, in short, entails the establishment of the Investigating Directorate Against Corruption, the appointment of investigators, their remuneration, conditions of service and powers. The amendments support the independence of the Investigating Directorate Against Corruption.

Reply:

Current Status of the Extradition Request

(1.) On 5 June 2023, I led a South African delegation to the UAE and met with His Excellency Addullah bin Sultan bin Awad Al Nuaimi, the Minister of Justice in the UAE and His Excellency Judge Abdul Rahman Murad Al Balushi, the Director of International Cooperation, the UAE Central Authority, to engage the authorities in the UAE on the extradition request for Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, and other areas of cooperation.

a) During the meeting I expressed my concern about the status of the Gupta request and the court’s findings that they could not be extradited to South Africa. The delegation then suggested measures that could be taken to facilitate the successful extradition and emphasised that this is a matter of national interest for South Africa.

b) His Excellency Addullah bin Sultan bin Awad Al Nuaimi, assured my delegation that the UAE will put the necessary measures in place to meet its international obligations in terms of the Extradition Treaty to assist and support South Africa in its quest for the extradition of the Gupta brothers. To this end it was agreed that a virtual technical meeting between the Prosecutors in the UAE and South Africa will take place as soon as possible.

(2.) The delegation enquired regarding the current whereabouts of Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, but was informed by Judge Abdul Rahman Murad Al Balushi that the whereabouts of the Gupta brothers are not known to the UAE authorities.

Reply:

1. The Department of Justice and Constitutional Development (the Department) does allocate the budget for the training of officials in child maintenance and such budget is allocated to the Justice College which is the official training business unit of the Department.

(a) However, the Department cannot provide a curriculum used for the training on the Maintenance Act, 1998 (Act No.99 of 1998) (the Act) as the training is conducted in collaboration with the National Prosecuting Authority (NPA) which provides the training materials and the facilitators. This collaboration was necessitated by the need to ensure that the same training messages is communicated to both Prosecutors who are deemed Maintenance Officers in terms of section 4(1) of the Act and the Maintenance Officers appointed by the Department in terms of section 4(2) of the Act. It must be indicated that the Justice College has human resource capacity constraints to conduct this training since the recall of Senior Lecturers who were Magistrates back to the bench. It is in this light that Senior Maintenance Prosecutors (SMP) of the NPA have facilitating the training coordinated by the Justice College and also they extend the training in the Provinces to the officials of the Department as and when training is coordinated by the NPA.

Although there is no formal curriculum on the Act, the Department conducts a number of education and training interventions to close the gaps and up skill the officials in the front line on support services that assist in performance and investigations in terms of the Act. The first training is conducted on Maintenance Online Trace and Track (MOTT) System which includes training on the system used to track and trace personal and financial details of parties. The second training conducted is on the Maintenance Integrated Case Management System (Maintenance ICMS) which enables Clerks of the Maintenance Courts to capture performance and process based information. This also delves on the relevant sections of the Act. The former training is conducted by the officials of the OCFA and also includes education on the Protection of Private Information (POPI) Act, 2013 (Act No.4 of 2013) (POPI Act) and section 205 Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA).

b) Training coordinated by the NPA is conducted on an annual basis. This training is always extended to the Maintenance Officers and Investigators appointed by the Department. However, as the NPA will be reviewing its curriculum in respect of training on the Act during the current financial year (2022/2023), Justice College has coordinated the training for court officials who need training in all the Regions for the current financial year (2022/2023). A training schedule has been issues and it will be facilitated by the two Senior Maintenance Prosecutors of the NPA and specifically targets Maintenance Officers and Maintenance Investigators across all the Regions.

2.b) (i) and (ii) A total of 2022 magistrates were trained by the South African Judicial Education Institute from 2012 to date across the different provinces regarding the Maintenance Act, Act 99 of 1998.

c) (i) It must be noted that no training evaluation has been conducted in respect of the impact of current training curriculum which is offered by the NPA as it has been indicated that the current training is dependent on the training conducted by the NPA because of the capacity challenges of Justice College. The engagements between the role players will include discussions on the review of the training materials by the NPA and the development of training materials for maintenance investigations. These discussions will include how and the frequency of external evaluation of the impact of this training.

ii) As responded above, no training evaluation has been conducted.

In conclusion, it is worth mentioning that the NPA is currently in a process of reviewing its curriculum on the Act, and one working session was already held on 19 May 2022 with Senior Maintenance Officers internally. Subsequent working sessions to involve the OCFA which is the business unit responsible for coordinating complaints management, performance, policy, stakeholder management and systems interventions with internal role-players in respect of Maintenance Services and the Justice College. Furthermore, the OCFA and NPA National Coordinator of the Senior Maintenance Officers are due to meet with the Justice College to discuss how to improve the current training arrangement and focus areas. This will include discussions about training evaluation as already alluded.

Reply:

Drawing from the research conducted by the Department of Justice and Constitutional Development, both in South Africa and comparatively, the following proposals for amendments have been published for public comments, with closing date of 15 August 2023, and further engagements with relevant stakeholders will be undertaken:

(a) The definition of occupational detriment should be expanded to include persons who are not employees, but who have disclosed in terms of the Protected Disclosures Act, 200 (Act No. of 2000). ‘Occupational detriment’ should be changed to ‘detrimental action’ or improper conduct to avoid a narrow interpretation of who may make a disclosure.

1. Consideration should also be given to inclusion of detrimental action by fellow employees. Improved measures to keep a protected disclosure confidential where information might identify the discloser, except in circumstances where, among others, the discloser consents to the release of the identifying information; there are reasonable grounds to believe that the release of the identifying information is essential for the effective investigation of the disclosure; to prevent a serious risk to public health, public safety, the health or safety of any individual, or the environment.
2. The creation of a reverse onus where any conduct or threat against a whistleblower is presumed to have occurred as a result of a possible or actual disclosure that a person makes, unless the person who engaged in the conduct or made the threat can show satisfactory evidence in support of another reason for engaging in the conduct.
3. The creation of an offence where a person uses force, coercion, threats, intimidation, or any other coercive means against another person with intent to prevent that person from, or influence that person to refrain from, making a disclosure.
4. Enhancing the powers of the South African Human Rights Commission to deal with protected disclosures.
5. Creation of a mechanism for the provision of legal assistance to whistleblowers.
6. Proactive measure by employers to appoint a “whistle blower champion” who is responsible for ensuring and overseeing the integrity, independence and effectiveness of the firm’s policies and procedures on whistleblowing; and to establish, implement, and maintain appropriate and effective internal arrangements.
7. The creation of a fund for whistleblowers. This will assist whistleblowers who have been dismissed, and who face severe financial hardship in meeting their basic needs and that of their dependents.
8. A provision that will make any clause in any agreement or contract that aims to contract out of the Protected Disclosures Act, unlawful.
9. To create an offence if a person or body does act upon a protected disclosure, after a disclosure has been made to it.
10. State protection to whistleblowers and their immediate families who has reasonable cause to believe that his or her life or property is endangered.
11. Inclusion of “whistleblower” in the definition of witness in terms of the Witness Protection Act.

Reply:

On 25 May 2023, a woman was shot in proximity of Wynberg Magistrate’s Court. At the time of her death, she was not a witness but an accused person who appeared in a murder matter. Prior to her death, she appeared in the Wynberg Magistrate’s Court, with two (2) other accused persons on a charge of murder.

On the day of her death, she appeared in court, whereafter her bail was extended until her next court appearance. Her death was unforeseen since she had appeared as an accused on several occasions prior to her death without any violence or threat of violence being inflicted. There was also no forewarning that an attack of this nature would be directed at the female accused person after her appearance in court.

Three (3) accused persons have since been arrested for her murder, and the matter as well as the circumstances surrounding her death are still under investigation. The investigation is at sensitive stage and revealing more information could cause potential harm to the witnesses or jeopardise the investigation.

Reply:

The South African National Standard (SANS 10400-S: 2011) Part S: National Building Regulations, Facilities for persons with disabilities was approved and published during the year 2011.

Although significant progress was made to transform prisons in order to cater for persons living with disabilities, more effort is required to fully comply with the mentioned SANS at all correctional centres. The main objective of the Departmental Infrastructure Plan is to transform prisons into correctional centres conducive for safe and humane rehabilitation and incarceration, and therefore the Department is mindful of the necessity to comply with latest Building Regulations.

During the construction of new correctional centres and during the refurbishment/upgrade of existing infrastructure the implementation of SANS 10400-S: 2011 is a standard design principle as required by the relevant building regulations.

Inmates are incarcerated at appropriate correctional centres in terms of offender profile, classification, disability and physical health condition. Therefore, offenders and remand detainees living with disabilities are placed at correctional centres consistent and suitable in terms of the degree of disability.

The Department is equipped to accommodate persons living with disabilities, subject to the merit of each case and based on the need and availability of required health care services and facilities.

END.

Reply:

1. Yes, the exemption is valid from 19 May 2023 (the date of the notice). In the preamble of the certificate of exemption, the Minister makes it clear that the exemption is for a period of five (5) years.

2. Yes. Any person (not exempted by the Minister) found to be using listed equipment, or directs any person to use listed equipment, in terms of RICA, without an exemption, is guilty of a criminal offence.

3. I do not have powers to instruct the National Prosecuting Authority (NPA) to investigate incidents where surveillance equipment, known as grabbers, were purchased by the SA Police Service (SAPS). The NPA does not have investigative powers in this regard. Any allegations of a crime having been committed in this regard must be reported to the Directorate for Priority Crime Investigation (DPCI) and Independent Police Investigative Directorate (IPID) for investigation.

4. I do not have powers dispose of any article or power to confer to any institution to deal with a process of confiscation from SAPS and destruction of any article, including the listed equipment due to their unlawful nature. The aforesaid processes can be dealt with in terms of the provisions of sections 30 to 35 of the Criminal Procedure Act No. 51 of 1977, which deals with the disposal of articles after seizure.

Reply:

The budget allocated towards the maintenance of courts relates to the physical aspects of maintenance. The modernisation of the Court Recording Technology (CRT) solution is to be funded via other programs of the Department, which includes the Modernisation program and the Integrated Justice System (IJS) program.

The modernisation of the CRT solution will be implemented in an integrated approach. It will cater for the recording of court proceedings, have audio and visual capabilities and will be known as the Court Recording Audio-Visual Solution (CRAVS).

This CRAVS solution will comprise of features that includes, amongst others, a digital courtroom platform to enable face-to-face online court sessions from anywhere within, or outside the country. In this regard, participants only need a camera connected with an internet device to attend the court session virtually and can interact with the Judicial Officer and court through a secure video stream. It will be a very simple solution to use, where each participant can add documents with a secure sharing facility with counsel, clients and opposing parties. It will have real-time transcription software that helps view and maintain live court proceedings and in the case of fines as an example, defendants can instantly resolve fines or set up a payment plan, virtually.

It is envisaged that the 1st phase of the CRAVS solution will be rolled out to 170 courtrooms by 31 March 2024, in line with the Departments 2023/24 APP.

It should also be noted that the CRAVS solution will require a stable underlying ICT infrastructure and network. Accordingly, the Department is also engaging on a project to upgrade both the WAN and LAN networks of all the courts. All courts with copper lines will be upgraded to fibre, and those that already have fibre will have their bandwidth upgraded, if it is found to be insufficient.

Reply:

The Department has since embarked on a project to conduct vetting of the Mangaung Correctional Centre (MCC) personnel including contractors and staff members. A total of 507 Staff and 57 Contractors Personnel Suitability Checks (PSC) were conducted and processed. The PSC include the following:

• Criminal Record Checks
• Qualification verification (Matric and Tertiary)
• Financial record checks
• Property checks
• Directorship checks

As of the 05 June 2023, the Department will be processing the Confidential Security Clearances for all Mangaung staff members. The process involves:

• Completion of Security Clearance Application Forms (Z204) and quality checking for correctness upon submission; &
• Evaluating submitted additional documentations as per security clearance application requirement, well as PSC outcome reports.

Issuing of security clearance certificate is the responsibility of the State Security Agency (SSA) the department will then submit all files for processing to SSA. The envisaged submission date to SSA is 26 June 2023.

In addition, DCS also plans to implement a phased-in training plan for the MCC staff from 01 July to 30 September 2023, for all categories of officials needed for the Centre to function optimally. The training plan will target three groups of officials that are envisaged to staff the centre as follows:

• current qualifying staff who may be considered by the Department;
• officials from the Department who will be transferred from other components / centres; and
• qualifying former officials who will be recruited.

The detailed training needs are currently being determined and existing training curricula and manuals are being adapted for this purpose. Continuous training will also be provided beyond the dates mentioned supra.

END

Reply:

a) The Department has not entered into any contracts with the mentioned service provider, however the mentioned company is a sub-contractor of the Bloemfontein Correctional Contracts (Pty) Ltd (BCC) which operates the Mangaung Correctional Centre (MCC) as a Public Private Partnership (PPP) Correctional Centre under sections 103 – 112 of the Correctional Services Act 111 of 1998, as amended (CSA).

Since the inception of the Concession Contract between Department of Correctional Services (DCS) and the Bloemfontein Correctional Services Contract (BCC), the department has closely monitored the contract in terms of all obligations through a DCS Controller who is permanently employed to oversee all operations in relation thereto as well as note any deviations to the contract for action. G4S’s contractual obligations from UK have no bearing on the agreement between DCS and BCC.

b) All allegations were dealt with in terms of the concession contract, in the event that BCC and its sub-contractors have failed to comply with any contractual obligations relevant penalties have been instituted.

END

Reply:

I wish to inform the Hon Member that I have been informed that:

(1)(a) 744 prosecutors have received training in (i) cybercrime and security; and (ii) cryptocurrency crime and security, during the 2021/2022 to 2022/2023 financial years.

(b) Numbers of (b) judges and (c) magistrates, trained, has been referred to the South African Judicial Education Institute at the Office of the Chief Justice, which is mandated to provide training to the High and Lower Court Judiciary. The response is as follows:

(i) Cybercrime and Security

2015/16

Topic	Target audience	#
Cybercrime and Electronic Evidence(ToT)	Judges	12
Cybercrime and Electronic Evidence (ToT)	Judges	10
Cybercrime and Electronic Evidence (ToT)	Judges	8
Cybercrime and Electronic Evidence	Judges	17
Cybercrime and Electronic Evidence (ToT)	District Court Magistrates (DCM)	16
Cybercrime and Electronic Evidence	District Court Magistrates	13
Cybercrime and Electronic Evidence	District Court Magistrates	22
Cybercrime and Electronic Evidence	District Court Magistrates	21
Cybercrime and Electronic Evidence	District Court Magistrates	72
Cybercrime and Electronic Evidence	District Court Magistrates	15
Cybercrime and Electronic Evidence (ToT)	Regional Court Magistrates (RCM)	15
Cybercrime and Electronic Evidence	Regional Court Magistrates	85
Cybercrime and Electronic Evidence	Regional Court Magistrates	29

Note: ToT stands for Train the Trainer course on Cybercrime and Electronic Evidence facilitation skills.

Totals:

Judges: 47

RCM: 129

DCM: 149

2016/17

Topic	Target audience	#
Cybercrime and Electronic Evidence	Judges	19
Cybercrime and Electronic Evidence	Judges	21
Cybercrime and Electronic Evidence	Regional Magistrates	57
Cybercrime and Electronic Evidence	District Court Magistrates	14
Cybercrime and Electronic Evidence	District Court Magistrates	10
Cybercrime and Electronic Evidence	District Court Magistrates	77
Cybercrime and Electronic Evidence	District Court Magistrates	15
Cybercrime and Electronic Evidence	District Court Magistrates	12

Totals:

Judges: 40

RCM: 57

DCM: 128

2017/18

Topic	Target audience	#
Technology used in Cybercrime	Regional Court Magistrates	154
Cybercrime and Electronic Evidence	District Court Magistrates	18

Totals:

RCM: 154

DCM: 18

2019/20

Topic	Target audience	#
Cybersecurity, cyber specific offences and Budapest Convention	District Court Magistrates	17

2020/21

Topic	Target audience	#
Cybercrime and Electronic Evidence	Regional Court Magistrates	52

2021/22

Topic	Target audience	#
Cybercrime and Electronic Evidence	Regional Court Magistrates	49

2022/23

Topic	Target audience	#
Cybercrime and Electronic Evidence	District Court Magistrates	17
Cybercrime Amendment Act 12/2021	District Court Magistrates	14

Totals:

DCM: 31

(ii) Number of Judges and Magistrates trained on cryptocurrency crime and security

2018/19

Topic	Target audience	#
ICT, Cryptocurrency and Organised Crime	Judges	84

Totals:

Judges: 84

2. (a)(b) Yes. In fact, I regard training and capacitation on the management and prosecution of cybercrime and cryptocurrency cybercrime as so important, that I have signed a Cooperation Protocol with the Minister for Europe and Foreign Affairs of the French Republic, to promote such training and capacitation, during June 2023.

(i) Furthermore, 334 Prosecutors have applied to be trained on Cybercrimes at Justice College, during the 2023/ 2024 financial year. Such training will take place during seven (7) planned training sessions.

(ii) In addition, the Cyber Response Committee has planned for training for 60 prosecutors. The training will cover the following:

1. Basic Cybercrime Investigation;
2. Financial Investigation triage and techniques;
3. Overview of digital evidence for prosecutors; and
4. Mobile device evidence for prosecutors.

(iii) I have great pleasure in announcing that three (3) NPA officials who have undergone intensive training through the FBI’s Law Enforcement Academy in the areas of the Dark Web and crypto investigations, are now also responsible for rolling out training to NPA and SAPS officials. The first such training is scheduled for 17 July 2023.

(iv) Lastly, I have been informed that the NPA’s Specialised Commercial Crimes Unit (SCCU), has recently established its own Training Desk to ensure that specialist training needs are sourced, which includes training at an advanced level in Cyber-crime and crypto currencies. This includes collaboration with the following counterparts and organizations:

1. The UNODC;
2. The Office of the US Legal: FBI;
3. SABRIC; and
4. FIC.

Plans will also be developed when there is additional budget for refresher training of Judicial trainers by experts.

I therefore wish to assure the Honorable Member that my Ministry and the JCPS Cluster are taking cybercrimes seriously and are addressing these crimes as a priority.

Reply:

The updated progress made to address the serious shortage of office space at the High Court in Kimberley through procurement of alternative office accommodation for Master of High Court is as follows:

• 1. The Department of Justice and Constitutional Development received the request for confirmation of funding through an Actual Cost Analysis (ACA) on the 12 June 2023 from the Department of Public Works and Infrastructure (DPWI) with regards to the procurement of an alternative accommodation for Master of High Court Kimberley.
  2. The approved Actual Cost Analysis was approved and forwarded to DPWI on the 22 June 2023.
  3. This will enable the DPWI to finalize the procurement of the alternative accommodation with the awarded bidder.

Reply:

1. In October 2016, the 5th administration of South Africa took a decision to withdraw from the Rome Statute of the International Criminal Court (“Rome Statute”). Following this decision, South Africa sent a written notice to withdraw from the Rome Statute to the Secretary General of the United Nations.

2. In February 2017, the North Gauteng High Court unanimously ruled that the withdrawal notification sent by South Africa to the United Nations was unconstitutional and invalid without prior parliamentary approval, and ordered the Government to rescind the notice with immediate effect. In line with the court decision, the South African government revoked its notice of withdrawal from the Rome Statute in March 2017.

(a) There is currently no intention to introduce a Bill with the aim of withdrawing the Republic’s participation in and membership of the ICC.

(b) South Africa remains a full member of the ICC with all the rights and obligations that accrue to all members of the Rome Statute.

(c) The International Crimes Bill, introduced in Parliament in 2017, whose purpose was to withdraw South Africa from the ICC by repealing the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, has been withdrawn from Parliament.

Reply:

a) The National Commissioner was informed on 22 March 2023.

(b)(i) The notification was received from the DCS, Director: Contract Management.

(b)(ii) The notification was received by means of a written investigation report on the escape of the mentioned offender.

END

Reply:

a) The Court Recording Technology (CRT), software and/or hardware licences belongs to the Department of Justice and Constitutional Development. The Maintenance and Support contract has been outsourced to an Information and Communications Technology (ICT) company, namely, Datacentrix (PTY) Ltd. All court proceedings will always be recorded using this technology (CRT).

b) The current maintenance and support contract with Datacentrix came to an end on 26 June 2023, and has been renewed on a month to month basis until November 2023, so as to ensure that service delivery is not impacted, whilst awaiting the procurement processes to unfold for the longer term contract.

c) The longer term two-year maintenance and support contract is procured via SITA. SITA delays have been experienced in this regard and in mitigation the Department’s executive had met with SITA executive in February 2023. SITA executive had undertaken to fast track the procurement and provide regular feedback.

d) The bid (SITA RFB 2713-2022 ) was subsequently advertised and initially meant to close on 31 March 2023, however, due to an erratum that had to be issued by SITA, the bid closing date had to be extended to 05 May 2023. The bid has since been evaluated and is undergoing SITA quality assurance processes.

e) SITA has provided a project plan indicating that the final recommendation for award by the Department, will be submitted to the Department by 06 November 2023.

f) The existing contract has therefore been renewed on a month to month basis until November 2023, so as to ensure that service delivery is not impacted, whilst awaiting the SITA procurement processes to unfold.

Reply:

In nature of the question posed, the arrests fall within the Directorate for Priority Crime Investigation: Crimes Against the State.

Reply:

​​(1) – (4)

 

It is important to note that law enforcement in South Africa is primarily the responsibility of the South African Police Service (“the SAPS”). SAPS is responsible for investigating crime and security throughout the country. The police service is crucial for the safety of South Africa's citizens and was established in accordance with the provisions of Section 205 of the Constitution. The Constitution of the Republic of South Africa, 1996, also states that the police’s responsibilities are to prevent, combat and investigate crime; maintain and protect the public, their property and the overall security and safety of the Republic; uphold and enforce the law. Sometimes this function, which is a preserve of the police, is entrusted to other entities in terms of section 334 of the CPA. This is to assist the police in the primary function of keeping law and order.

Such appointment only confers police powers to appointees to enforce police functions where police are assisted in their mandate by additional resources. Appointment does not make appointees police officials as stipulated in the South African Police Service Act, 1995, (Act No. 68 of 1995) (“the Police Act”). An enabling provision in law should guide appointment of law enforcement officers as peace officers. This would be followed by a formal process of appointment requiring a formal request and approval of the Minister of Justice and Correctional Services, in consultation with the Minister of Police before permission can be granted and subsequently published in the Gazette. Only then will the appointees be regarded as peace officers. The Department of Justice is not aware of any formal request or application to declare CPWs as peace officers.

Municipal Police

Metropolitan municipalities can apply to the Member of Executive Council responsible for safety and security to and establish their own municipal police units, which are tasked mainly with traffic policing and the enforcement of municipal bylaws. Municipal police have fewer powers than the South African Police Service, and do not investigate major crimes. They work in co-operation with the South African Police Service to prevent crime and maintain public order.

Section 206 of the Constitution provides that national legislation must provide a framework for the establishment, powers, functions, and control of municipal police services. The procedure for establishing a municipal police service is laid down in the South African Police Service Amendment Act of 1998. This law allows municipalities to apply to the government of the relevant province for permission to establish a municipal police service. The Minister of Police may approve the application, after consultation with the National Commissioner of the South African Police Service.

Do crime prevention wardens qualify as peace officers?

The question whether crime prevention wardens recently appointed by Gauteng Provincial Government qualify as peace officers as stipulated by section 334 of the CPA or not is as follows:

As stated in the foregoing paragraphs, the Department has not received any formal request in this regard and thus it is our submission that for an appointment to be made there must have been compliance with the requirements laid down in section 334 of the CPA. Until that process is adhered to, such personnel would not qualify as peace officers.

It is also worth noting that it falls outside my mandate to state that the appointees form part of the municipality police or are traffic wardens or are appointed as law enforcement officers. I am unaware whether there was consultation of the Member of Executive Council with the Commissioner of Police in terms of section 64A(2)(a) of the Police Act or not, for permission for such appointment. This falls within the mandate of the Minister of Police.

Reply:

(a) & (b) The total number of inmates aged 60 and above serving life sentences as at 30 March 2023 are as follows:

REGION	TOTAL LIFERS AGED 60 YEARS AND ABOVE
EASTERN CAPE	138
FREE STATE & NORTHEN CAPE	56
GAUTENG	158
KWAZULU-NATAL	171
LIMPOPO, MPUMALANGA,, NORTH WEST	128
WESTERN CAPE	93
GRAND TOTAL	744

END

Reply:

1. The Department conducts Personnel suitability checks (PSC) on current officials and new appointments to determine the suitability of a candidate pre and post- employment by the DCS.

The screening is based on five pillars such as Citizenship, Criminal record, Finances including credit checks, Property checks and directorship in companies, analysis of financial statements, verification of qualifications and registration with professional bodies and previous employment record.

A fully security vetting which entails information collection and analysis about the candidate/ official background, covering the nine factors of lifestyle audit to determine a person`s security competence and reliability is conducted, based on the level of access to information.

The nine factors include the following aspects:

• Family background and upbringing
• Education
• Employment ad work ethics
• Social life and social media activity checks
• Finances
• Personality
• Values
• Legal aspects
• Loyalty

b) DCS conducts Security Threats Assessment (TRA) in conjunction with stakeholders such as South African Police Services (SAPS) and State Security Agency (SSA)

Security Treats Assessments (TRA) are conducted in all DCS Correctional Facilities pre and post security incidents to mitigate as well as to investigate risks posed to the DCS.

TRA were conducted at most Maximum Correctional Facilities, Medium Correctional facilities and Community Correctional Offices.

(i) Measures such as the Security Standard Operating Procedures (SOPs) in combating smuggling of contrabands and illicit activities are implemented, furthermore, the DCS has a Code of Conduct that all its employees must abide too and the use of the Anti- Corruption Strategy is in place.

(2) The DCS has not had an incident of offenders being used as hit men.

END

Reply:

To facilitate court recordings, the Department concluded a contract for the provision of Court Recording Technology (CRT) solution and its support and maintenance for a period of 5 years in 2016 (RFB 2014 02). The maintenance and support services for the CRT as defined in RFB 2014 02 expired on the 13 April 2021 and no replacement contract was put in place. The absence of a contract meant that no corrective and preventative maintenance was in place leading to collapse of the machines across the country, thus negatively affecting the functioning of courts.

Several competitive bidding processes were undertaken by the Department to appoint a service provider on a short-terms basis, but these were unsuccessful due to the responding bidder being unresponsive. The Department then approached National Treasury for assistance and was given permission to do a single source procurement.

The Department has not appointed the service provider in question as a sole-source service provider. However, the service provider was appointed effective 26 March 2022, using the single-source process in terms of National Treasury’s Supply Chain Management Instruction Note 03 of 2016/2017, with the concurrent approval of National Treasury. The appointment was for the maintenance and support of the CRT and Sexual Offences System (SOS), and the monetary value of the single-source process appointment was R26 220 000.00

Reply:

a) No other officials were found to have been involved in the incident, only the arrested officials was involved.

b) The Department continues to implement security awareness sessions and has established security committees which tackle security incidents including smuggling of drugs and cell-phones and prevention thereof. Additional measures in place at all correctional centres to deal with access to drugs and cell phones are as follows:

• all persons (officials, visitors and service providers) entering or leaving the correctional centre are subjected to searching as per section 27 of the Correctional Services Act 111 of 1998 and Standard Operating Procedure (SOP) guidelines;
• searching of vehicles at access points has been intensified including daily searches inside cells and living Units including storerooms, work spaces and ablution areas;
• intensified searches by Emergency Support Team (EST) include unannounced search operations even after hours;
• correctional centres have been declared a bugless environment;
• Training of sniffer dogs on cell- phones are reported to the South African Police Service (SAPS) and banned from future visits.

END

Reply:

The National Prosecuting Authority does not keep statistics on the number of witnesses who have been denied immunity from prosecution in terms of section 204 of the Criminal Procedure Act, Act 51 of 1977.

Section 204 is only used in exceptional circumstances where it is in the interest of justice to use the provision. The court decides whether to or not to grant immunity from prosecution to a witness, after the evaluation of the evidence of the witness.

The decision not to prosecute a person, but to use such a person as a witness in terms of section 204 of the Criminal Procedure Act, 1977, is normally made in consultation with the Senior Public Prosecutor, Deputy Director or Director of Public Prosecutions depending on the circumstances of the case. The Prosecutor does not give any undertaking to a section 204 witness that he or she will not be prosecuted as the discharge of the witness from prosecution is subject to the decision of the court, taking into account, whether the person answered frankly and honestly all questions put to him or her.

Reply:

1. The Department of Correctional Services has not entered into any contracts with the mentioned service provider, however the mentioned company is a sub-contractor of the Bloemfontein Correctional Contracts (Pty) Ltd (BCC) which operates the Mangaung Correctional Centre (MCC) as a Public Private Partnership (PPP) Correctional Centre under sections 103 – 112 of the Correctional Services Act 111 of 1998, as amended (CSA)

2. It should be noted that a presentation was made to the Justice and Correctional Services Portfolio committee on 18 March 2022 indicating that the contract entered into with BCC would come to an end on 30 June 2026. Subsequent to the security incident, on 20 April 2023, a termination notice for a period of 90 days was issued to BCC, and thereafter, the contract will cease to operate.

END

Reply:

1. The Department of Correctional Services (DCS) continue to implement the approved 2021 Overcrowding Reduction Strategy that focuses on direct and indirect measures within correctional facilities. Continuous engagements are also held at all levels within the Criminal Justice Cluster with an aim to improve current strategies and to find new implementable solutions for crime prevention and overcrowding. The implementation of Justice Cluster Strategies reflected in the approved Overcrowding Reduction Strategy is crucial in the management of overcrowding.

Direct Measures, are those that may result in the reduction of the inmates whilst the indirect measures are for facilitating the reduction through cooperation with relevant stakeholders including the analysis which provides the contextual understanding of overcrowding.

Direct Measures are as follows:

• Placement of lifers on Parole;

• Placement of offenders serving determinate sentences on Parole;

• Transfer of offenders between correctional centres

• Special Remission of sentences

Indirect measures to address overcrowding are as follows:

• Reclassification of offenders at prescribed interval for ensuring that security declassification takes place;

• Referral to court by DCS for conversion of a sentence of imprisonment to correctional supervision;

• School campaigns/ outreach programmes;

• Crime Awareness Campaigns;

• Imbizo;

• Restorative Justice approaches (Victim Offender Dialogue/Victim Offender Mediation)

In addition, the Department has established Governance Structures entrusted with the responsibility of providing an oversight function and creating platforms where overcrowding and the management thereof is discussed. Some of the functions of the Overcrowding Task Team is to monitor the implementation of the transfer plans and distribution of offenders within the region.

All Protocols in terms of the management of Remand Detainees are implemented such as the following:

• Referral to court for bail review (s63A and s63(1))
• Referral for consideration of period spent in detention (S49G).
• Referral to court of terminally ill or severely incapacitated remand detainees (s49E)

2. The DCS has no intention to have private companies running correction facilities other than the two existing contracts.

END

Reply:

The Standard Operating Procedure (SOP) which governs internal and external security prescribes security measures for court appearances by a sentenced offender on further charges.

The SOP outlines that a sentenced offender appearing in court on further charges must be dressed in their own private clothing which is clean and neat. In the event an inmate does not have suitable private clothes they are to be provided with release clothes.

END.

Reply:

a) It should be noted that no information is available that explicitly confirms that the remand detainees granted bail are still in detention due to inability to pay bail.

As at 31 March 2023 the total population of remand detainees was Fifty-five thousand seven hundred and forty-five (55 745).

(b)(i) A total of 854 were granted bail of one thousand rand (R1000.00) and less.

(b)(ii) A total of 598 were granted bail of above one thousand-rand (R1000.00) up to four million rand (R4 000 000.00).

(b)(iii) The table below depicts the various bail amount categories:

Bail Amount	EC	FSNC	GP	KZN	LMN	WC	Grand Total
Less Than R1000	189	61	251	117	22	214	854
>R1000 to R5000	21	5	268	95	19	114	522
>R5000 to R10 000	2	0	45	7	1	4	59
>R10 000 to R50 000	0	0	9	1	0	5	15
>R50 000 to R100 000	0	0	1	0	0	0	1
4million	0	0	1	0	0	0	1
GRAND TOTAL	212	66	575	220	42	337	1452

END

Reply:

For the financial year 2022/23 the inmate population in KZN Region increased from
22 024 to 24 256, reflecting an increase of 2 232 inmates.

The daily unlock as at 15 May 2023 was 24 180 against an approved bedspace of 17 778.

Approved Bedspace	Inmate population	Occupancy Level	Overcrowding level
	Remand Detainees and other unsentenced	Sentenced	Grant total
17 778	6 874	17 222	24 096	135.54%	35.54%

The distribution of the correctional centres according to security classification/category:

SECURITY CLASSIFICATION/CATEGORIES	TOTAL
Maximum	05
Medium	30
Remand Detention Facilities	03
Medium - Female	01
Medium - Youth	02
Medium - Juvenile	0
Maximum - Juvenile	0
Medium - Pre-Release	01
TOTAL	42

 

It should be noted that the main contributing factor to overcrowding is the type of serious crimes committed which result to long sentences and bail denial by the courts.

In an effort to manage overcrowding, the Department continues to implement the approved Overcrowding Reduction Strategy that elaborates on direct and indirect measures to manage overcrowding within correctional facilities.

Direct measures are those that may result in the reduction of the inmates such as:

• Placement on Parole (Lifers; Determinate sentences);
• Special Remission of sentences;
• Transfers between correctional centres.

Indirect measures are for facilitating reduction through implementation of activities that can contribute to the reduction of the DCS population namely:

• Reclassification of offenders at prescribed interval for ensuring that security declassification takes place;
• Referral to court by DCS for conversion of a sentence of imprisonment to correctional supervision;
• Restorative Justice approaches (VOD/VOM)
• Crime Awareness Campaigns such as-
  • School campaigns/ outreach programmes
  • Izimbizo

The Department has established Governance structures where overcrowding and the management thereof is discussed. The National Overcrowding Task Team (NOTT) monitors the implementation of the Regional Transfer Plans whereas the Regional Overcrowding Task Team (ROTT) monitors even distribution of offenders within the region.

All Protocols in terms of the management of Remand Detainees are implemented at all Remand Detainee and Mixed facilities. The protocols referred to relate to the following;

• Referral to court for bail review (s63A and s63(1))
• Referral for consideration of period spent in detention (S49G).
• Referral to court of terminally ill or severely incapacitated remand detainees (s49E)

END.

Reply:

(a) The value of the original award was two hundred and eighty two million, seven hundred and thirty six thousand and nine hundred, forty nine rand and twenty four cents (R282, 736,949.24).

(b) The total amount paid to the original service provider is one hundred and thirty two million, nine hundred and seventy one thousand rand three rand and thirty nine cents (R132, 971,003.39)

END

Reply:

a) The percentage of completion of the new correctional centre in Parys, Free State is 55%.

b) The estimated cost to completion of the project is ninety six million, four hundred and fifty four thousand, five hundred and forty eight rand and twenty three cents (R96, 454, 548.23) inclusive of Professional Fees at 18%. The mentioned amount excludes Construction Price Adjustment Provision (CPAP), Development Bank Southern Africa (DBSA) Management Fees, Contingency and Value Added Tax (VAT).

END.

Reply:

a) Department has established a committee dealing with harassment incidents generally. During awareness campaigns and at morning parades when addressing the Code of Conduct, officials are sensitised about harassment.

For 2022/23, Quarter 04, the Department trained 240 officials to capacitate them to investigate, initiate and chair cases of harassment. During the Women’s month, Children’s month and the month of people living with disability, young women are targeted for training and awareness on harassment in the workplace.

The reported incidents of harassment are investigated and the outcome of the investigation will determine the disciplinary action to be taken against alleged transgressors. The victims are referred to Employee Assistance Practitioners for emotional and psychological support.

b) Each case is handled according to its own merits. The nature and complexity including availability of all relevant parties determines the expediency of each case.

 

END.

Reply:

Departmental Procedures as stipulated in the B-ORDER 3, Chapter 2, (Physical Care/ Hygiene), outlines the provisions of toiletries for inmates per month as follows:

• 5x toilet paper rolls per inmates,
• 1x packet sanitary towels (10`s) per female inmate and when requested,
• 1x toothbrush every 6 months or when requested,
• 2x 25ml tooth paste every third week or 1x 50ml per month,
• 2x 100-gram bar bath soap per month,
• 2x 200-gram bar sunlight green soap per month,
• 1 shaving blade,
• Face cloth and towel as required.

The provisions of toiletries and toilet paper at East London Management Area were as stipulated above and the last date of provision was on 03 April 2023 and 14 April 2023 respectively.

The Department continues to conduct the monitoring and evaluation of the implementation of the procedural prescript and analysis of reports on a monthly basis.

END

Reply:

It should be noted that inmates who came forward with information about Thabo Bester were not whistle blowers with regard to the escape. The offenders referred to only claimed to know about the Thabo Bester escape after it was published in the media. The inmates were transferred out of Mangaung Correctional Centre (MCC) in consideration of their safety.

As a matter of course, routine complaints and requests are taken daily from offenders in Units and registered in the G365 register. For protection of other inmates against officials and management the Judicial Inspectorate of Correctional Services (JICS) is available daily in Correctional facilities to take complaints by and some requests of inmates, these inmates are attended to independently without monitoring and supervision of Correctional officials. Inmates are also assisted to open cases with the police where necessary.

The following whistle blower procedures are applied in DCS:

• Offenders who provide reliable information concerning any wrong doings by other offenders and officials are interviewed by the Unit Manager/ Head of Correctional Centre (HCC) and such inmates are given an option to be transferred out of those facilities or placed in isolation cells for own safety in terms of section 7 of Act 111 of 1998 as amended.

• Stipulations of the whistle-blowers policy of the Department implemented as the protected Disclosures Act 26 of 2000 which was effective in February 2001, state that their name/s should remain anonymous, identity should never be revealed and information should be limited to the Unit Manager/HCC and the investigators.

• Registered whistle blowers are assigned code names and an inmate registration. A whistle blower only interacts with a dedicated official in the holding correctional facility who is assigned to handle the whistle blower.

• Deployment of other experienced officials/Emergency Support Teams (ESTs) from other Centres in the Units where whistle blowers are incarcerated is also considered. Daily visits must be conducted by the Head of Correctional Centre and other Centre Managers.

• Clear and secure communication between the concerned officials and whistle blowers should be maintained at all times.

• Food for whistle blowers should be handled with care in cases where there might be information and suspicions that the offender might be in danger.

• Visits of whistle blowers should be monitored for safety reasons.

• Complaints and requests are taken daily from offenders in the Units and registered on G365 register. Offenders also have access to the Head of Centre and feedback is provided within seven days of the complaint.

• There are also Independent Correctional Centre Visitors (ICCVs) officials from the Judicial Inspectorate of Correctional Services (JICS) that are available at Correctional Centres.

• Offenders have direct access to JICS via these officials. Offenders are free to register any complaint, concern or grievance to these ICCV officials for further handling with JICS.

• Offenders have access to telephones (landlines) and they are able to report their concerns directly to Departmental Investigation Unit (DIU), SAPS, the Presidential Hotline or Public Protector.

• Any official or HCC found to be abusing or threatening offenders that provide any information regarding corruption, abuse, fraud (any complaint) may be charged departmentally and criminally (SAPS).

• Immediate and prompt intervention and consequence management is prioritised and implemented at all levels.

• The placement of a locked suggestion / grievance box in all units that can only be accessed by HCC also assists in getting confidential information to keep inmates safe when they are whistle blowers.

• The office of the Regional Commissioner and the Management team continuously sensitise officials and offenders to refrain from activities that are embarrassing to the DCS and that are illegal in nature.

END.

Reply:

(a) The Department of Correctional Services (DCS) has the Disciplinary Code and Procedure which provides guidance in dealing with alleged acts of misconduct. Officials who are accused of committing serious misconduct are placed on precautionary suspension with full pay as a measure to ensure a fair and uninterrupted/ interference free investigation to ultimately determine the facts of an allegation.

Before placing the officials on suspension, the Executing Authority examines the seriousness of the allegations after which, if nececessary, serves the official with a contemplation of suspension letter. The official is afforded an opportunity to respond within a specified period. Based on the supporting evidence, and the official’s response or evidence, the executing authority decides whether to suspend or consider alternative placement.

The Department reviews suspensions on a regular basis to ensure that sufficient reason still exists for the precautionary suspension to remain in place.

(b) The Human Resources Manager referred to was suspended in 2019 for Section 95 allegations of fraud/maladministration. The case was investigated and the official was found guilty and issued with a final written warning. During the review of her suspension it was decided to alternatively place her at Social Reintegration to prevent any interference with evidence as, due to her role as HR manager, she had direct access to administration and evidence implicated in the case.

In addition, services of the Employee Assistance Programme (EAP) are available to all officials for emotional and psychological support. All officials in the Department are made aware of the services offered.

END.

Reply:

The following steps were taken to ensure that the person arrested in Tanzania was confirmed to be inmate Mr Thabo Bester who escaped from Mangaung Correctional Centre (MCC):

• Individuals’ fingerprints were compared with those fingerprints on the warrant/s of imprisonment at the MCC;
• South African Police Service (SAPS) also confirmed that the fingerprints of the person arrested in Tanzania are the same as the fingerprints of the inmate as on the criminal records kept by the SAPS.

END

Reply:

(1)(a & c) No, Goodwood Regional Office and Pollsmoor Correctional Centre’s installation of vibracrete walls does not fall into the respective financial years as stipulated in the above question. It is for this reason it does not appear on the infrastructure plan.

(1)(b) Allandale Correctional Centre’s installation work is being done by Department of Public Works and Infrastructure (DPWI) and therefore does not appear on the infrastructure plan of the Department of Correctional Services

(2) The total expenditure incurred was for the purchase of building material as follows:

• Pollsmoor Management Area - R490 000.00;
• Allandale Management Area – R 866 844.60;
• Goodwood Management Area – R324 000.51

Own resources were utilised for construction of the walls at Goodwood and Pollsmoor Management Areas. In Allandale Management Area DPWI is assisting with the use of a service provider for the construction.

(3) According to the National Building Regulations and Building Standards, Act No.103, 1977 section 2 subsection 3 does not bind the State in submitting building plans to the Municipality.

END.

Reply:

(1)(a) No, the mentioned wall is a pre-cast vibracrete wall. Installation was done as per domestic pre-cast installation, therefore, no civil engineer was required. However, the manufactures’ specifications were adhered to for the installation and training was provided by the supplier on site. No safety agent was appointed. However, health & safety regulations were adhered to.

(1)(b) In the case of Allandale Correctional Centre, the Department of Public Works & Infrastructure (DPWI) appointed a service provider for the installation of the wall. A shop drawing, specification and construction method were provided. See attached as “Annexure 1”. There was no safety agent appointed. However, Health & Safety Regulations are being adhered to.

(1)(c) For Pollsmoor Maximum Correctional Centre a shop drawing was designed and signed by the Manufacturer’s Professional Engineer and specifications with construction methodology were provided. See attached as “Annexure 2”. There was no safety agent appointed however Health & Safety Regulations are being adhered to.

(2) In respect of all three sites, existing fence lines were being replaced by a new type of fence which is the pre-cast walling. Therefore, with respect to Environmental impact studies there wasn’t any registered, however, the necessary installation specifications were adhered to.

(3) There were no approvals required because the work conducted was for replacing redundant existing fence lines.

(4)(a) DPWI appointed a contractor for Allandale Management Area and for Pollsmoor & Goodwood Regional Office artisan and offender labour was utilised.

(4)(b) A competitive price quotation process was followed for purchasing of the material.

END.

Reply:

The Minister of Justice and Correctional Services learned about these allegations through media reports and immediately instituted an investigation into the above matter through the National Commissioner of the Department of Correctional Services. The National Commissioner then appointed investigators who are currently busy with all allegations related to inmate Thabo Bester and his escape.

Arrests have been effected and certain individuals are undergoing court processes based on criminal charges in relation to inmate Bester.

END

Reply:

The review of the Department of Justice and Constitutional Development (DoJ&CD)`s organizational structure can be traced back 2007. Many structures were designed but not approved and in some cases the structure was partially approved making it difficult to appoint people on permanent positions.

The organizational structure was not expanded as the new Branches previously existed but were not formalized through an approved structure. The Department Organization Structure was reviewed and all the Branches including the Department`s Executive Committee (EXCO) and organized labour, were consulted throughout the process.

The revised organizational structure is aligned to the Departmental mandate and legislative framework and the National Development Plan (NDP) vision 2030 and the Strategic Plan 2021/2025.

Among other challenges addressed in the revised organizational structure, is to address the poor span of control and blurred reporting lines. Benchmarking exercise was conducted with other departments in the Justice Cluster.

a) Approval of the new structure ha been obtained from the Minister of Public Service and Administration; and

b) The new approved structure does not include a position of Deputy Director- General (DDG) in the Office of the Director- General, but the reviewed structure includes the creation of only one Branch: Institutional Development and Support and one (1) post of Deputy Director- General that will head the said Branch. The post is not in the Office of the Director- General but closely linked to the responsibility of the Director- General.

The rationale for the creation of the said Branch is aligned to the DPSA proposals; but specific to the functional needs of the Department. The new branch is responsible for the following functional areas:

1. Strategic Management; an existing component previously reported directly to the DG. The component is responsible for Strategic planning, Monitoring and Evaluation, Statistical and Research information by National Operations Centre, Service Delivery and Improvement of norms and standards;
2. Public Education and Communications Services, an existing component that previously reported to the Branch: Corporate Services. The component has been renamed Communication Management in line with the naming convention used in the Public Service. The component provides public education, media liaison support for the Department and Ministry, and oversee communication support services for the Provincial offices.
3. Justice College, also and existing component that previously reported to the Branch: Corporate Services. The component is responsible for offering Legal, Quasi-Judicial, Justice –specific Systems training and development services, for the public services and State- Owned Enterprises (SOE`s) officials, and other legal fraternity. The reorganisation of the structure was aligned to the college`s repositioning strategy and direct how it is capacitated; and
4. Policy, Entity and Cluster Coordination (previously known as Chief Director: Chief Legal Researcher) is newly defined to provide for the management and coordination of macro policy, the coordination of activities in the Justice cluster and the overseeing of entity oversight that falls within the Minister`s portfolio.

END

Reply:

All offenders including maximum offenders have access to rehabilitation programmes as stated in the Correctional Services Act, 111 of 1998. Section 41 states that the Department must provide or give access to as full a range of programmes and activities, including needs-based programmes, as is practicable to meet the educational and training needs of sentenced offenders.

The following education programmes are offered- Adult Education and Training (AET) Levels 1-4: This is equivalent to Grades 1-9 in normal mainstream education and it is for offenders who want to pursue studies in the General Education and Training (GET) Band; Further Education and Training (FET): Offenders are given an opportunity to pursue Grade 12; Higher Education and Training (HET) and to advance their education through distant education. In this instance, they are assisted with registration at various institutions of higher learning at their own cost.

East London Female Correctional Centre incarcerates 312 females’ offenders. There are 55 female offenders who are classified as maximums. Of these 55, there are 12 offenders that are currently participating in the GET programme and 2 are busy with amended Senior Certificate programme.

A support visit to East London is planned for 3 August 2023 as part of Women`s Month with the aim of marketing the various education programmes and providing resource support to female offenders. Further to this, a directive compelling all offenders 30 years and below who have not attained Grade 9 or AET level 4, to attend development programmes has been issued.

END

Reply:

1. No incidents of inmates that have gone missing were reported in the past 10 years. The following number of inmates escaped from lawful custody:

Region	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	01	06	07	05
Free State & Northern Cape	09	11	03	03
KwaZulu-Natal	05	03	06	02
Western Cape	04	75	03	05
Gauteng	10	12	02	02
Eastern Cape	05	10	01	10
TOTAL	34	117	22	27

Below is information in relation to inmates who remain at large after escaping from lawful custody:

Region	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	00	03	06	05
Free State & Northern Cape	01	02	00	00
KwaZulu-Natal	01	01	01	00
Western Cape	01	00	00	00
Gauteng	04	10	00	01
Eastern Cape	00	00	00	05
TOTAL	07	16	07	06

1. Not applicable, however in the event that an escapes from a correctional centre the incident is reported to the South African Police Services (SAPS) for further investigation and other related action.

END

Reply:

(a) In October 2016, the 5th administration of South Africa took a decision to withdraw from the Rome Statute of the International Criminal Court (“Rome Statute”). Following this decision, South Africa sent a written notice to withdraw from the Rome Statute to the Secretary General of the United Nations. In January 2017, the African Union (AU) took a decision followed by a resolution issued in February 2017 encouraging member nations to withdraw from the International Criminal Court (ICC). In addition to South Africa, two other AU members, Burundi and Gambia, also indicated their intentions to withdraw from the Rome Statute in 2016. However, Gambia reversed its decision immediately after a newly elected government assumed power in February 2017. Burundi, on the other hand, has become the first country to withdraw its membership from the ICC.

(b) In February 2017, the North Gauteng High Court unanimously ruled that the withdrawal notification sent by South Africa to the United Nations was unconstitutional and invalid without prior parliamentary approval, and ordered the Government to rescind the notice with immediate effect. In line with the court decision, the South African government revoked its notice of withdrawal from the Rome Statute in March 2017.

(c) The International Crimes Bill, introduced in Parliament in 2017, whose purpose was to withdraw South Africa from the ICC by repealing the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, has been withdrawn from Parliament.

(d) Since that time, numerous developments within the ICC have taken place, including the adoption of the “Understanding with respect to article 97(c) consultations” by the Assembly of State Parties in December 2017. This Understanding, which was adopted as a result of concerns raised by South Africa, provides for a process for States to consult with the ICC in relation to a request for cooperation. In addition, the African Union’s resolve to reform or transform the ICC from within rather than through withdrawals and the failure to provide an African alternative court to the ICC are some of the notable developments.

(e) South Africa is considering a legislative amendment that would domesticate the Rome Statute so that it reflects all the articles of the Rome Statute. This includes provision of article 98 of the statute that requires a waiver of immunities for persons charged by the ICC from third party countries where there is no referral by the United Nations Security Council.

(f) In terms of International law, South Africa remains a full member of the ICC with all the rights and obligations that accrue to all members of the Rome Statute.

Reply:

(a) (i), (ii), (iii) and (iv) (aa) In terms of the Office of the Chief Justice, the percentages spent in the 2021-22 financial year, are as follows:

Period	Total spend	Small-, medium- and micro-enterprises %	Cooperatives %	Township enterprises %	Rural enterprises %
Quarter 1	69,785,125.26	72.98%	0.00%	0.00%	0.00%
Quarter 2	52,492,150.99	45.61%	0.00%	0.00%	0.00%
Quarter 3	92,865,669.87	80.50%	0.00%	0.00%	0.00%
Quarter 4	123,673,529.10	48.72%	0.00%	0.00%	2.95%
Total	338,816,475.22	61.95%	0.00%	0.00%	0.03%

(a) (i), (ii), (iii) and (iv) (bb) In terms of the Office of the Chief Justice, the percentages spent since 01 April 2023, are as follows:

Period	Total spend	Small-, medium-and micro-enterprises %	Cooperatives %	Township enterprises %	Rural enterprises %
Quarter 1	8,739,025.93	59.99%	0.00%	0.00%	0.04%
Total	8,739,025.93	59.99%	0.00%	0.00%	0.04%

Reply:

1. (a) Community Prosecutors are seasoned legal professionals who engage with local communities and relevant stakeholders to address the public safety concerns of a local community. Therefore, the Community Prosecution Initiative is a partnership between prosecutors, communities, law enforcement, NGOs and local authorities.

Community Prosecution Initiatives engage the community to identify local public safety challenge, develop and implement solutions to address these concerns and/or community irritants.

The Community Prosecution Initiative takes a victim-centric approach, prioritising the needs of victims of crime and the most vulnerable. The initiative provides practical services to local and disadvantaged communities through awareness raising, developing lasting solutions to ongoing crime problems and partnering with community-based organisations, local government and the SAPS.

(b) Community Prosecutors assist communities in building safer neighborhoods by

jointly developing solutions on ongoing forms of public safety concerns, including serious and violent crimes. Community Prosecutors assist their court-based colleagues to prosecute more strategically by targeting crime syndicates, criminals and repeat offenders. In addition, this approach will also assist in removing less serious cases from the court rolls (by implementing solutions for community irritants) to allow for increased court time for serious cases to be dealt with.

Community Prosecutors work with relevant stakeholders to develop crime prevention interventions, focusing on quality-of-life crimes, while also engaging in public education and information programmes.

2. (a) Nine (9) out of eleven (11) posts advertised are currently filled. These

permanently appointed officials on Senior Public Prosecutor level, are responsible as provincial coordinators, to oversee current implemented sites, facilitate stakeholder cooperation, manage the identification and implementation of new sites (a minimum of 3 new sites per division for the current financial year) and ensure impact delivery of all sites.

There are also Community Prosecutors appointed on a rotational basis who do Community Prosecutions work, over and above their daily prosecution work. These rotational Community Prosecutors are managed and their functions co-ordinated by the permanent Community Prosecutors.

2(b) The following table depicts the Division, Office, Site and Community Initiative type currently rolled out within the NPA:

Division	Office	Site	Initiative
Eastern Cape	Gelvandale	Gelvandale	Gender-Based Violence and Substance Abuse
Eastern Cape	Motherwell	Motherwell	Substance & Drug Abuse
Eastern Cape	East London	East London	Liquor Outlets
Eastern Cape: Mthatha	Butterworth	Msobomvu	Gender-Based violence
Eastern Cape: Mthatha	Mthatha	Ngangelizwe	Gender-Based violence
Free State	Bloemfontein	Bloemfontein	Substance & Drug Abuse
Free State	Sasolburg	Sasolburg	Substance & Drug Abuse
Gauteng North	Mamelodi	Mamelodi	Gender-based violence
Gauteng North	Vaalrand	Brakpan	Gender-based violence
Gauteng South	Alexandra	Alexandra	Liquor Outlets
Gauteng South	Kliptown (Eldorado Park)	Kliptown (Eldorado Park)	Substance & Drug Abuse
Gauteng South	Johannesburg	Hillbrow	Substance & Drug Abuse
KwaZulu-Natal	Pietermaritzburg	Plessislaer	Reduction of Assaults
KwaZulu-Natal	Umzinto	Umzinto	Reduction of Assaults & Domestic Violence
Limpopo	Giyani	Giyani	Gender-Based Violence
Limpopo	Mankweng	Mankweng	Gender-Based Violence
Mpumalanga	Ermelo	Ermelo	Stock Theft
Mpumalanga	White River	Msholozi	Gender-Based Violence
North-West	Molopo District Court	Molopo	Stock Theft
North-West	Odi	Moretele	Stock Theft
North-West	Ikageng (Potchefstroom)	Klerksdorp	Stock Theft
Northern Cape	Kuruman	Kuruman	Gender-Based Violence
Northern Cape	Phutanang Kimberley	Galeshewe	Gender-Based Violence
Western Cape	Wynberg	Browns Farm	Gender-Based Violence
Western Cape	Bellville	Delft	Gender-Based Violence

These officials are currently located in the respective DPP offices in the divisions. Currently, there are 25 Community Prosecution Initiatives rolled-out within the NPA. Out of the 25 initiatives that are already confirmed and running, the majority relate to Gender-Based Violence (14) followed by Substance and Drug Abuse (5), and Stock Theft (3), Reduction of Assaults (1) and Liquor Outlets (2), respectively.

Reply:

Department of Justice and Constitutional Development

1. (aa) Minister

a) Destination	(i) Accommodation	(ii) Travel	(iii) Other	b) Total
Refer to Annexures A and B	R361 344.01	R948 008.04		R1 309 352.05

(bb) Deputy Minister

a) Destination	(i) Accommodation	(ii) Travel	(iii) Other	b) otal
Refer to Annexure C	R146 320.00	R297 220.18		R443 540.18

1. (a) Minister: R1 126 517.27
2. Deputy Minister: R872 197.00

Department of Correctional Services

(1) There were no international trips undertaken by both the Minister and Deputy Minister that were paid by the DCS from 2019 to date.

(2) The total amount spent on domestic air travel since 01 June 2019 to 31 January 2023 for the Minister of Justice and Correctional Services and Deputy Minister of Correctional Services is as follows:

(2)(a) Minister of Justice and Correctional Services (Correctional Services Vote):

The budget and expenditure for the Minister of Justice and Correctional Services is under the Department of Justice and Constitutional Development.

(2)(b) Deputy Minister of Correctional Services:

END

Reply:

All arrested offenders must appear before a lower court within 48 hours. During the first appearance, when an accused is brought to court in custody, the court must determine if the accused can be released from custody, either on warning or on bail. It is seldom that accused offenders with minor offences will not be released on bail or on warning.

The enquiry done by the court to decide on the release of an accused offender with minor offences, most of the time, consists of oral addresses by the prosecutor and accused offender or his/her legal representative. The court will only hear oral testimony under oath in cases where the State objects to the accused offender to be released on bail, and these will be in cases where more serious offences are involved. The applications for bail in minor offences are thus not impacted by loadshedding, as no oral testimony under oath must be heard by the court.

Even in extraordinary cases, if the court is required to hear oral testimony during a bail application where it relates to a minor offence, these cases receive preference and will be heard during time available in court outside of the period of loadshedding.

Reply:

A portion of the building accommodating De Aar Magistrates Court was gutted by fire on 8 January 2020. The cause of the fire is unknown although it is believed to have been caused by arson. The South African Police Service (SAPS) and the De Aar fire Department has not been able to supply a fire damage report.

The Department of Public Works and Infrastructure (DPWI) was on site within days to clean up and assess the damage caused in order to confirm structural integrity and habitability. Unfortunately, the structural integrity was compromised as well as electrical and other installations. Consequently, consulting engineers were appointed to compile an assessment report and cost estimate to execute the repairs.

Due to the high cost estimate of R35 208 465.00, the DPWI Regional Office in Kimberley had to seek approval and allocation of funds from DPWI National Office in Pretoria, and the funds were approved in April 2023.

Alternative rental offices were allocated as a temporary measure in order to alleviate overcrowding. Since only a portion of the facility was damaged by the fire, the front section of the building is still in use. Furthermore, the Department of Justice and Constitutional Development placed a mobile temporary structure on the premises to serve as an additional court room.

In the main, the delays were caused by the outstanding fire damage report from the SAPS and Fire Chief.

END

Reply:

a) (i) The records of the Department of Justice and Constitutional Development reflects that the following number of rape cases were heard in courts during the financial years requested:

FINANCIAL YEAR	REGIONAL COURT
2018/2019	5 720
2019/2020	5 616
2020/2021	3 863
2021/2022	3 640

(ii) The National Prosecuting Authority (NPA) extracted information from the

Electronic Case Management System (ECMS).

As at 31 March 2023, the extracted information indicates that the number of verdicts for the financial years requested, as well as convictions and acquittals during each of the financial years, is depicted in the Table below:

Financial Year	No. of Convictions (Per Charge)	No. of Verdicts (Per Case)	No. of Convictions (Per Case)	No. of Acquittals (Per Case)
2018/19	3 055	4 215	2 820	1 395
2019/20	2 910	3 984	2 684	1 300
2020/21*	777	1 045	724	321
2021/22	1 979	2 826	1 841	985
Total	8 721	12 064	8 066	3 998

• The number of rape matters reported to the South African Police Service declined during the 2020/21 financial year due to the restricted movement during the COVID-19 pandemic. The details on the afore-mentioned numbers could be obtained from the South African Police Service (SAPS). Coupled with this, the courts were also limited in their operations as accused, witnesses and parties to proceedings had limited ability to travel or visit court proceedings.

Statistics of prosecuted cases regarding matters reported at the Thuthuzela Care Centres (TCCs) for the financial years as requested are reflected in the table below:

Financial Years	Conviction rate and actual number of all TCC sexual offence cases prosecuted	Number of Rape charges – conviction versus acquittal	Percentage of rape charges in TCC sexual offence cases prosecuted
2018/19	73.5% (1636 / 2225)	1914 (1328 / 586)	86%
2019/20	74.9% (1408 / 1881)	1628 (1156 / 472)	86.5%
2020/21*	73.9% (734 / 993)	858 (604 / 254)	86.4%
2021/22	76.7% (1033 / 1346)	1080 (789 / 291)	80.2%

*The impact of the Covid-19 pandemic resulted in less court hours and less cases prosecuted due to Disaster Management Act restrictions which limited the courts in their operations. However, the 2021/22 financial year returned an increase of 35.5% in court performance compared to the previous year regarding the number of TCC-cases being finalised in court.

b) Various factors are taken into account collectively by the court and thus no list can be regarded as a finite list because the acquittal of cases depends on these various factors based on the impact and consideration by the court of the importance of each of such factors which can seldom if ever, be quantified.

c) On a broad level, below are the possible reasons that will result in an acquittal of these cases in court:

(i) Credibility of witnesses, that include cases where the court is unable to rely on the evidence presented; and

(ii) Furthermore, in most of these cases the State relies on a single witness and/or solely on circumstantial evidence, this present challenges in court which may lead to an acquittal. This will specifically be the position in the absence of any other substantial or corroborating evidence.