Questions and Replies

Reply:

1. I have been informed that there is only one (1) reported case since 2010 (For National and Provincial Departments).
2. The Honourable Member should note that the Department of Justice and Constitutional Development has reported that: No data was collected during 2010/11 to 2014/15 financial years. The table below provides details of information captured from 2015/16 and 2016/17 financial years as well as the first quarter of the current (2017/18) financial year:

Verified data 2015/16 to 2016/17 for both National and Provincial Departments:

Year	No. of matters settled	Amount Claimed	Amount Awarded
2015/16	969	R1 330 597 548.02	R453 750 543.47
2016/17	787	R815 767 876.25	R347 354 310.86

Unverified data 2017/18 for both National and Provincial Departments:

Year	No. of matters settled	Amount Claimed	Amount Awarded
Quarter 1	275	R251 194 125	R112 552 023

Reply:

1. The National Director of Public Prosecutions has informed me that the National Prosecuting Authority (NPA) is not investigating this matter. The power to investigate this case resorts with the South African Police Service (SAPS), who are investigating the matter.

The SAPS investigating docket was handed to the National Prosecuting Authority (NPA) on 3 May 2017 after which guidance was provided to the investigating officer on aspects relating to the investigation after which the docket was returned to the SAPS. The docket has not yet been resubmitted to the NPA as the investigation is yet to be concluded.

2. The SAPS approached the Senior Public Prosecutor with concerns regarding the manner in which the matter was dealt with. The Chief Prosecutor subsequently investigated the allegations and was satisfied that the prosecutors had provided the necessary guidance and had taken the appropriate steps in the circumstances of that matter. The Chief Prosecutor advised that no further steps were warranted.

Reply:

In respect to the entities reporting to me, I have been informed as follows:

1. Legal Aid South Africa:

There are no application dates for members. The members of the Board are appointed by the Minister in terms of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014). The Board of Legal Aid South Africa is fully constituted. As a result, there are no Board vacancies currently.

2. Council for Debt Collectors:

There are no applications dates set for positions on the Council for Debt Collectors. In terms of the Debt Collectors Act, 1998 (Act No. 114 of 1998), 10 Council members are appointed by the Minister of Justice and Correctional Services, of which 7 members are appointed based on nominations received from the debt collection industry, law society of South Africa, Magistrates commission and an institution representing consumer interests. The Chairperson and 2 remaining members are appointed in the Ministers discretion.

In terms of section 3(4) of Act No. 114 of 1998, a member of the Council holds office for a term, not exceeding three years, determined by the Minister at the time of the member's appointment. The section also provides that a member may be reappointed at the expiration of his or her term of office.

3. South African Law Reform Commission:

Section 3 of the South African Law Reform Act, 1973 (Act No. 19 of 1973) provides for the appointment of the Commissioners by the President and does not require the prospective Commissioners to apply for these positions.

4. Special Investigating Unit

The Special Investigating Unit does not have a Board as it is a Schedule III Public entity, with the Accounting Authority fulfilling the role of the Board.

5. Rules Board for Courts of Law

There are no applications dates set for positions of the Rules Board as the Board is accountable to the Minister in terms of the Act. The Minister appoints when there is a vacancy and/or prior to the expiry of the terms of the Board.

Reply:

a) Currently, the Department of Justice and Constitutional Development has 2 062 permanent vacant posts.

b) The table below provides details of vacant posts per job title, salary level and number of the vacancies per level.

(i) - (ii) Summary per job title and salary level:

JOB TITLE	SALARY LEVELS AND NUMBER OF VACANCIES
	3	4	5	6	7	8	9	10	11	12	13	14	15	TOTAL
ACCOUNTING CLERK / CHIEF			35		11									46
ADMINISTRATION CLERK / SNR/ CHIEF / DCRS / DEBT / E SCHEDULER			518	17	52									587
ADMINISTRATIVE OFFICER / SNR / HEADS					17	95	1							113
ASSISTANT DIRECTOR: HR/ FINANCE/ COMMUNICATION/ PROV							102	7						109
DEPUTY DIRECTOR: PROVISIONING/ SECURITY/ FINANCE/ IT/ COMMUNICATION									32	2				34
AUDIT MANAGER										1				1
INTERNAL AUDITOR / SNR						16	7	2						25
HUMAN RESOURCE OFFICER / SNR			19	1	11									31
HUMAN RESOURCE PRACTITIONER					2									2
ASSISTANT NETWORK CONTROLLER										1				1
CLEANER GRADE II	37													37
COMMUNICATION OFFICER					5									5
LEGISLATIVE LANGUAGE PRACTITIONER					1									1
EDITOR							1							1
COURT INTERMEDIARY						33								33
COURT INTERPRETER / SNR PRINCIPAL			207		112	28								347
COURT MANAGER / AREA								39	4					43
DATA CAPTURER			1											1
HELPDESK OPERATOR		6												6
FOOD SERVICES AID II	4													4
GENERAL WORKER / GROUNDSMAN	2													2
DRIVER	3													3
TECHNICIAN						1								1
TYPIST				1										1
FAMILY LAW ASSISTANT					7									7
LECTURER:LAW										5				5
IT CO-ORDINATOR							2							2
LABOUR RELATIONS OFFICER						3								3
MAINTENANCE CLERK			4											4
MAINTENANCE INVESTIGATOR					38									38
MESSENGER /SNR/PRINCIPAL	31													31
OPERATOR	2	1												3
RECEPTIONIST		1												1
TELECOM OPERATOR		15												15
REGISTRY CLERK			15											15
RESEARCH CO-ORDINATOR							1							1
SECRETARY			42											42
LEGAL SECRETARIES			1											1
LEGAL ADMINISTRATION OFFICER: CHIEF												1		1
LEGAL ADMINISTRATION OFFICER: PRINCIPAL											1			1
LEGAL RESEARCHER							1							1
LIBRARIAN PRINCIPAL / SNR					2	3								5
LIBRARY ASSISTANT / SNR		5												5
PROVISIONING ADMINISTRATION CLERK			9	1										10
PROVISIONING ADMINISTRATION OFFICER					2									2
SECURITY ADMINISTRATION OFFICER SENIOR						3								3
SECURITY GUARD / OFFICER / CHIEF	44				1									45
SENIOR VETTING INVESTIGATOR							1							1
STATE ACCOUNTANT / SNR					26	3								29
STATISTICAL OFFICER						3								3
OFFICE MANAGER							3	1	1					5
EC1- EC4 ESTATE CONTROLLER GRADE 1 - 4			9	6	29		2	5						51
LP10 SPECIALIST LITIGATION (FAM ADV) / STATE ATTORNEY / STATE LAW ADV)										31				31
LP3 - 7 STATE ATTORNEY ASSISTANT					3	16	1	10		18				48
LP7 - 9 FAMILY ADVOCATE									1	26				27
LP7 - 8 STATE LAW ADVISOR GRADE 1										14				14
MR1 - MR6 LEGAL ADMINISTRATION OFFICER			1		8	1		2	2	17				31
MR1 - MR6 MAINTENANCE OFFICER			27	5	8	1		1						42
MR3 - MR5 MASTER ASSISTANT					2	2		1		10	2			17
MR3/4/5 REGISTRAR GRADE 3					2	2		2						6
STATE ADVOCATE										1				1
STATE ATTORNEY												7		7
STATE ATTORNEY: DEPUTY											2			2
SW A4 - SW A9 SOCIAL WORKER					10	5	2	17		1				35
TRAINER OF COURT INTERPRETERS							2							2
TRAINING OFFICER SENIOR						2								2
WORK STUDY OFFICER CHIEF / SNR						1		1						2
DEPUTY DIRECTOR GENERAL/MANAGING DIRECTOR													3	3
DIRECTOR/SENIOR MANAGER											19			19
DIRECTOR: CHIEF/GENERAL MANAGER												9		9
TOTAL	123	28	888	31	349	218	126	88	40	127	24	17	3	2 062

(iii) A summary of the short job descriptions is attached as Annexure A.

(c) The Committee completed Phase 1 of the project which looked into the vacancies that were in existence at the time. This process was finalised in March 2017 and 764 posts were identified as critical. The Committee will be sitting in September 2017 to assess the critical nature of the posts that have being left vacant by officials who have since left the Department due to various reasons.

 

Reply:

(a) S v (names and details furnished)

The matter relates to a rhino crime syndicate in the Musina district and involves 1870 counts of rhino crimes and racketeering. The next appearance date for the case is 29 January 2018. One of the accused has lodged representations and the process of considering such representations is currently underway.

(b) S v (names and details furnished) (syndicate)

The matter relates to 318 counts of rhino-related crimes and racketeering; including theft of rhino horns from the Nature Conservation office in Giyani. The next appearance date is 15 September 2017 in the North Gauteng High Court. The motion application in which, inter alia, the presumptions contained in certain provincial legislation are being questioned, is being addressed.

(c) S v (names and details furnished)

This matter involves a (names and details furnished) who is involved in large scale dealing in rhino horn. He and accomplices are charged with, among others, various counts of C/S 57 of NEMBA. The matter has been postponed to 31 August 2017 for a new attorney and an application by the State for the recusal of the magistrate.

(d) S v (names and details furnished)

There are 12 accused in the matter, two of whom are members of SAPS. The accused are regarded as a rhino poaching syndicate also involved in other kinds of crime. The case against has been remanded to 28 November 2017 in the regional court, Skukuza. The Director of Public Prosecutions (DPP) North Gauteng has directed that the case must be transferred to the High Court for trial and the case has been remanded awaiting the High Court date.

(e) S v (names and details furnished) and Others

The accused were charged with counts of dealing in rhino horn; alternatively possession of rhino horn. The trial was scheduled to take place on
23 August 2017, but Accused no 1 was murdered with his wife a few days prior to the commission of the trial. The matter has subsequently been postponed to
6 September 2017 for the State to consider its position against Accused no 2 and 3.

Reply:

a) Yes, currently it is only South African Law Reform that is funded to do the research.

aa) (aaa) the South African Law Reform Commission was established in terms of the South African Law Reform Commission Act No. 19 of 1973.

(bbb) the objects of the Commission are to conduct research with reference to all branches of the law of the Republic and to study and investigate all such branches of the law in order to make recommendations for the development, improvement, modernization or reform thereof, including the repeal of absolute or unnecessary provisions, the removal of anomalies, the bringing about of uniformity in the law in force in various parts of the Republic, the consolidation or codification of any branch of the law, and steps aimed at making the common law more readily available.

bb) The Department has been funding the Commission since its establishment in 1973.

cc) the budget allocated from the vote of the Department of Justice and Constitutional Development is R27 451 000 for the 2017/ 2018 financial year.

b) The National Prosecuting Authority, Legal Aid South Africa and Special investigating Unit are not funding any institution of research and development domestically and internationally.

c) The Department of Correctional Services and the Office of the Chief Justice does not fund institutions of research and development either domestically or internationally

Reply:

1. (a) (i) Inmates who completed the minimum of their sentences in the years indicated below and who qualified to be considered for placement:

(aa) 2014-15: 41 651

(bb) 2015-16: 43 344

(cc) 2016-17: 47 656

(ii) 1 April to 30 June 2017: 17 270

(b) (i) Inmates who were sentenced to life who completed the minimum of their sentences in the years indicated below and who qualified to be considered for placement:

(aa) 2014-15: 949

(bb) 2015-16: 930

(cc) 2016-17: 378

2. (a)(i) G326 profiles received by the Correctional Supervision and Parole Boards (some profiles were considered more than once and therefore the totals differ from (1)(a)(i) above):

(aa) (aaa) 2014-15: 44 367

(bbb) 2015-16: 43 454

(ccc) 2016-17: 48 984

(bb) 1 April to 30 June 2017: 6 854

(ii) G326 profiles processed by the Correctional Supervision and Parole Boards in the respective years:

(aaa) 2014-15: 41 519

(bbb) 2015-16: 41 942

(ccc) 2016-17: 44 521

(bb) 1 April to 30 June 2017: 6 380

(b)(i) Lifers G326 profiles processed by the Correctional Supervision and Parole Boards:

(aaa) 2014-15: 280

(bbb) 2015-16: 257

(ccc) 2016-17: 543 (include backlogs from previous years)

(bb) 1 April to 30 June 2017: 204

(ii) G326 profiles of inmates serving life sentences processed by the Correctional Supervision and Parole Boards:

(aaa) 2014-15: 280

(bbb) 2015-16: 257

(ccc) 2016-17: 543

(bb) 1 April to 30 June 2017: 204

Reply:

(1) Yes, the Department of Correctional Services has received memorandum from inmates serving life imprisonment at the following centres during April & May 2017:

(a) Kgoši Mampuru Correctional Centre;

(b) Barberton Medium Correctional Centre;

(c) Groenpunt Correctional Centre and

(d) Empangeni Correctional Centre.

(2)(a) Yes. Various regional task teams were established to determine the reasons for delays and develop actions plans with interventions to finalize submissions to the Parole Boards.

In addition to the establishment of the above mentioned task teams, the National Commissioner issued a circular to all Regions on 21 June 2017 reiterating procedures to be followed when profiles for lifers are submitted. Regions were requested to set up task teams starting from centre level to regional level to manage the backlogs of cases for parole consideration.

The Regions were provided with templates to assist in managing outstanding interventions/ documents. Specific matters raised in the Circular which had to be addressed by Regions included: obtaining of

sentence remarks, addressing delays in the physical compilation of G326 profile reports, involvement by officials from the South African Police Service, managing delays in signing off on profile reports, managing court orders, reporting on litigations, reporting on Restorative Justice, and ensuring compliance with previous decisions of the Minister. It was further requested that all outstanding profile reports be managed according to their action plans, ensure speedy submissions and Heads of Centres to address all affected lifers to explain the causes and remedies for the delays.

(2)(b) Kgosi Mampuru – 22 June 2017

Barberton Correctional Centre – 4 & 10 May 2017

Groenpunt Correctional Centre – 3 July 2017

Empangeni Correctional Centre – 25 May 2017