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17 October 2019 - NW634

Profile picture: Mente-Nqweniso, Ms NV

Mente-Nqweniso, Ms NV to ask the Minister of Justice and Correctional Services

Whether a certain person (details furnished) is an employee of the department at Mqanduli Correctional Centre or Bizana Correctional Centre; if so, in each case, (a) has he received an employment letter, (b) was he promoted from general nurse to clinical nurse, (c) was his salary adjusted to reflect this promotion and (d) has he been receiving payslips?

Reply:

Yes the mentioned person is an employee of the department at Mqanduli Correctional Centre at Mthata Management Area.

a) Yes.

b) Yes.

c) Yes.

d) No.

17 October 2019 - NW190

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Justice and Correctional Services

With reference to the reply of the former Minister of Justice and Correctional Services to question 3097 on 15 November 2018, what is the status of CAS 133/10/2015 opened at the Orlando Police Station since its submission for prosecution in July 2018; 2) whether any arrests have been made to date; if not, why not; if so, what are the relevant details; 3) whether a certain person (details furnished) has been found to have interfered in any way with the investigation into the specified case; if not, what is the position in this regard; if so, what are the relevant details; 4) whether the complainant has been informed of the status of the investigation into the specified case; if not, why not; if so, what are the relevant details?

Reply:

  1. The docket was re-submitted to the prosecution on 28 October 2018 with investigations still outstanding. A supplementary docket which was opened in November 2018, is seemingly a counter charge relating to an instance of alleged fraud. The new Investigating Officer assigned to the case has advised the Chief Prosecutor that there is a corruption docket opened, but this has not yet been submitted.
  2. No arrests have been made, as the matter is still under investigation.
  3. The Chief Prosecutor is not in a position to respond on the allegation of interference against the station commander of Orlando Police Station as she has not had sight of the corruption docket.
  4. The matter is still being investigated by Investigating Officer at the South African Police Service and they are responsible for liaising with the complainant and provide status updates on the matter. It is therefore recommended that the Honourable Member approach the Minister of Police in this Regard.

17 October 2019 - NW746

Profile picture: Gumbi, Mr HS

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

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

Reply:

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

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

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

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

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

2. There were no gifts distributed to the guests.

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

17 October 2019 - NW1015

Profile picture: Selfe, Mr J

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

Whether all sentenced offenders are provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998; if not, (a) why not and (b) what steps are being contemplated to keep sentenced offenders active during a normal working day; if so, what are the relevant details?

Reply:

Not all sentenced offenders can be provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998.

a) Offenders such as those with further charges, disabilities and sentenced children are exempted from performing work. Offenders are allocated work activities by Case Management Committees (CMC) considering the offenders security risk classification.

b) The department is continuously making an effort for sentenced offenders to be provided not only with work but also the following daily activities:

  • Educational programmes;
  • Skills development programmes
  • Sports, recreation, arts and culture (SRAC)
  • Agriculture and;
  • Production workshops

17 October 2019 - NW831

Profile picture: Lorimer, Ms K

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

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

Reply:

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

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

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

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

FINANCIAL YEAR

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

TOTAL VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

2016/17

26

1

27

96,3%

39

2017/18

95

7

102

93,1%

153

2018/19

62

3

65

95,4%

97

2019/20

16

0

16

100,0%

25

Grand Total

199

11

210

94,8%

314

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

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

DIVISION

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

Eastern Cape Division

1

0

1

100,0%

3

Eastern Cape Division - Mthatha

0

0

0

0.0%

0

Free State Division

1

0

1

100,0%

1

Gauteng Division: Provincial

8

2

10

80,0%

14

Gauteng Local Division

22

2

24

91,7%

34

Kwa-Zulu Natal Division

17

2

19

89,5%

25

Limpopo Division

31

1

32

96,9%

49

Mpumalanga Division

101

0

101

100,0%

160

Northern Cape Division

1

1

2

50,0%

0

North West Division

14

3

17

82,4%

25

Western Cape Division

3

0

3

100,0%

3

Grand

199

11

210

94,8%

314

17 October 2019 - NW782

Profile picture: Mulaudzi, Adv TE

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

(1)(a) What amount was spent on advertising by (i) his department and (ii) state-owned entities reporting to him in the (aa) 2016-17, (bb) 2017-18 and (cc) 2018-19 financial years; (2) what amount of the total expenditure incurred by (a) his department and (b) state-owned entities reporting to him went to (i) each specified black-owned media company and (ii) outdoor advertising in each specified financial year and (c) on outdoor advertising by his department and state-owned entities reporting to him went to each black-owned media company in each specified financial year?

Reply:

1. (a) (i) The Department of Justice and Constitutional Development has spent as follows on media buying, both for communications and recruitment purposes:

(aa) 2016/17: R16 698 783.73

(bb) 2017/18: R13 810 961.04; and

(cc) 2018/19: R13 551 618.69

2. (a) The Department did not procure any outdoor advertising.

A. Entities

1. Legal Aid South Africa

1. Legal Aid SA has spent as follows in relation to advertising:

(aa) 2016-2017: R5 161 672.00;

(bb) 2017-2018: R4 770 938.00; and

(cc) 2018-2019: R3 300 647.00

2. Legal Aid South Africa spent on the following black-owned media companies (in black-owned companies, we considered only B-BBEE Level 1 contributors)

a) (i)

Company

Amount for three financial years

2016/17 - 2017/18

2016/17

2017/18

2017/18

South African Broadcast Corporation

R4 014 859.00

R935 404.00

R1 189 134.00

R1 890 321.00

Vuk’uzenzele (GCIS newspaper)

R46 153.00

R46 154.00

   

Page 82

R48 271.00

R48 271.00

   

Primedia Outdoor

R 887 346.00

R471 242.00

R363 204.00

R52 900.00

JC Decaux

R76 926.00

R76 926.00

   

Thabo Mphelo Films

R17 000.00

R17 000.00

   

VK Branding

R82 500.00

 

R82 500.00

 

Primedia Broadcast

R194 29.00

   

R194 299.00

Total

R5 367 355.00

R1 594 997.00

R1 634 838.00

R2 137 520.00

a) (ii) The table below provides the total amount spent on outdoor advertising:

 

Financial Year

Amount spent on outdoor advertising (Overall)

Amount spent on outdoor advertising

(Black-Owned Media)

(aa)

2016/17

R587 913.00

R519 513.00

(bb)

2017/18

R1 331 713.00

R440 130.00

(cc)

2018/19

R1 471 769.00

R101 170.00

B. Special Investigating Unit (SIU)

1. Please see the summary of information below in respect to the total amount spent on advertising by the SIU:

(a) (ii) (aa) 2016-17 – R 329’886.00

(bb) 2017-18: R228’476.00

(cc) 2018-19: R729’009.00

2. Total amount of the total expenditure incurred by the SIU went to each specified black-owned media company as tabulated below:

ii) The SIU does not do any outdoor advertising.

C. National Prosecuting Authority (NPA)

1. (a) The breakdown per year for advertising by the NPA is as follows:

 

2016/17

2017/18

2018/19

Advert: Marketing

R627 000.00

-

R34 431.00

Advert: Tenders

R776.96

R250.00

 

Total

R627 776.96

R250.00

R34 431.00

2. The table below provides the supplier details of all payments, however there was no spend on outdoor advertising:

Financial Year

Supplier details

Amount

BEE Level

At Least 51% Black Owned

At Least 51% Black Woman Owned

At Least 51% Black Youth Owned

2016/17

GCIS

R627 000.00

Government Department

2016/17

Government Printing Works

R776.96

Government Department

2017/18

Government Printing Works

R250.00

Government Department

2018/19

African Directory Service

R34 431.00

1

Yes

No

No

Total

R662 457.96

       

1.(a)(i) The Office of the Chief Justice spent the below amounts on advertising in the following financial years:

  1. (aa) R1 066 871 in the 2016/17 financial year;
  2. (bb) R1 702 403 in the 2017/18 financial year; and
  3. (cc) R1 724 150 in the 2018/19 financial year.

2. (a)(i) The Office of the Chief Justice (i) spent the amounts listed below to companies owned by previously disadvantaged individuals (Black, Coloured and Indian) as follows:

 

2016/17

2017/18

2018/19

No

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

1

Basadzi Personnel CC

(Advert Recruitment)

R94 017.09

Amcomms The-Can-Do Company

(Advert Recruitment)

R152 152.20

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R208 612.31

2

Harriet Dimakatso Multimedia

(Advert Recruitment)

R41 372.43

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R29 464.84

Hermes Communications Solutions

(Advert Recruitment)

R20 645.15

3

Letsatsi Konnexion Centre

(Advert Promotional Items)

R 92 000.00

Hermes Communications Solutions

(Advert Recruitment)

R52 488.79

Kone Staffing Solutions

(Advert Recruitment)

R155 230.91

4

Magauta Recruitment & Placement

(Advert Tenders)

R13 520.40

Indaba Global Travel

(Advert Promotional Items)

R81 106.18

Magauta Recruitment and Placement

(Advert Recruitment)

R123 744.60

5

Pagliari

(Advert Promotional Items)

R36 519.90

Jackstar Traders

(Advert Recruitment)

R84 896.02

Moshate Media

(Advert Recruitment)

R328 426.47

6

SPS Advertising and Marketing

(Advert Promotional Items)

R182 216.46

KNTE (PTY) (LTD)

(Advert Promotional Items)

R57 548.00

Seriti Printing Digital

(Advert Promotional Items)

R6 848.22

7

Human Communications

(Advert Recruitment)

R30 408.73

Kone Staffing Solutions

(Advert Recruitment)

R80 798.64

SPS Advertising and Marketing

(Advert Promotional Items)

R55 165.50

8

Leopard Rock Office Supplies

(Advert Promotional Items)

R348 344.96

Magauta Recruitment and Placement

(Advert Recruitment) & (Advert Marketing)

R193 594.80

Core Marketing Solutions

(Advert Promotional Items)

R283 974.68

9

Madiba Promotions

(Advert Boards)

R8 977.50

Phaahlana-Mahlako Media Printing

(Advert Promotional Items)

R181 490.40

Human Communications

(Advert Recruitment) & (Advert Tenders)

R74 455.43

10

M R G Graphics

(Advert Marketing)

R81 777.44

African Directory Services

(Advert Promotional Items)

R11 397.15

Madiba Promotions

(Advert Promotional Items)

R272 688.00

11

   

Human Communications

(Advert Recruitment)

R34 992.43

Seriti Printing Digital

(Advert Promotional Items)

R7 127.73

12

   

Shaneal Distributors

(Advert Promotional Items)

R1 500.00

Jetline Midrand

(Advert Promotional Items)

R20 261.88

13

   

Highbury Media

(Advert Marketing)

R3 418.86

   

14

   

Kaqala Media

(Advert Marketing)

R71 250.00

   

Total

10

R1 066 871

14

R1 702 403

12

R1 724 150

(2) (a)(ii) The Office of the Chief Justice did not procure outdoor advertising during the specified financial years, therefore, question 2 (c) will not be applicable.

17 October 2019 - NW669

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What (a) is the total number of current vacancies for (i) presiding officers and (ii) court officials in (aa) lower and (bb) higher courts in each province and (b) are the details of the (i) position and (ii) date in which each position became vacant in each case?

Reply:

(a) (i) (aa) As at 17 September 2019, the total number of vacancies for Presiding

Officers (Magistrates) in the lower courts is 426, comprising Regional, Senior and entry level District Court Magistrates. The number of vacancies, disaggregated, is as follows:

  1. There are 367 entry level magistrates’ vacancies, of which 210 have already been recommended by the Magistrates Commission to be filled after all recruitment processes have been completed. I have received a memorandum regarding the recommended filling of these posts which is currently receiving consideration. The remaining 157 vacant posts of entry level magistrates will be advertised by December 2019/January 2020;
  2. There are 27 senior magistrates’ vacancies, which were advertised in June 2019. The recruitment processes regarding these vacancies are already in progress;
  3. There are 29 regional magistrates’ vacancies. These posts were advertised in June 2019 and the recruitment processes are already in progress; and
  4. There are also three (3) regional magistrates’ posts that became vacant recently. (In this regard, Mr Xolo from Eshowe Magistrate’s Court passed away on 11 September 2019; Mr Lubuzo from Madadeni Magistrate’s Court passed away on 12 July 2019; and Mr Erasmus from the Port Elizabeth Magistrate’s Court retired on 1 September 2019).

At this stage, I am unable to provide the dates when each of the magistrates’ posts became vacant in view of the substantial number of vacancies as the information will need to be sourced country-wide per vacancy from the various courts. The majority of these vacancies mentioned above became vacant after March 2018 when the previous advertisement for vacancies was compiled.

(a) (ii) (aa) The total number of current vacancies for court officials (administration posts) in the lower courts in each province is as follows:

The table below provides a summary of funded vacancies as at 6 September 2019:

Regions

Number of Funded Vacancies

Eastern Cape

91

Free State

28

Gauteng

62

KZN

52

Limpopo

57

Mpumalanga

31

North West

47

Northern Cape

20

Western Cape

75

Grand Total

463

The total number (463) of vacant administration posts in the lower courts can be disaggregated as follows:

  • A total of 139 vacant positions have been vacant for a period of less than 90 calendar days or less from the date that the position became vacant.
  • A total of 101 have been vacant for a period of 91 and 180 calendar days.
  • A total of 132 funded vacant positions have been vacant for a period of 181 to 360 calendar days.
  • A total of 91 funded positions have been vacant for a period longer than 361 days.

Table 1: Presiding Officers

(a) The total number of current vacancies for (i) presiding officers at the Higher Court is currently at 36;

(bb) the 36 vacancies are in 21 Location/Service Centres of 7 Superior Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court

(a) Total number of current vacancies

(a) (i) Presiding officers

(a) (aa)Lower Courts in each province 

(a) (bb) Location/Service Centres of 7 Superior Courts in each province 

(b) (i) Details of the positions

(b) (ii) Date in which each position became vacant

Constitutional Court

1

1

0

1

Judge (x1)

20.08.2019

Supreme Court of Appeal

2

2

0

1

Judge (x2)

01.07.2019

22.07.2019

Northern Cape Division (Kimberley)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

18.09.2017

Eastern Cape Division (Grahamstown)

3

3

0

4

Judge (x3)

03.03.2017

01.06.2019

30.08.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Judge (x2)

22.12.2018

21.01.2019

Eastern Cape Local Division (Bhisho)

1

1

0

 

Judge (x1)

07.11.2017

Eastern Cape Local Division (Mthatha)

1

1

0

 

Judge(x1)

03.09.2018

Western Cape Division (Cape Town)

1

1

0

1

Judge (x1)

01.06.2018

North West Division (Mahikeng)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

16.04.2019

Free State Division (Bloemfontein)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

01.12.2018

28.07.2019

Gauteng Division (Pretoria)

4

4

0

2

Judge (x4)

02.01.2018

01.06.2018

16.06.2018

12.05.2019

Gauteng Local Division (Johannesburg)

3

3

0

 

Judge (x3)

01.08.2018

01.02.2019

10.06.2019

Limpopo Local Division (Thohoyandou)

0

0

0

2

n/a

n/a

Limpopo Division (Polokwane)

1

1

0

 

Deputy Judge President (x1)

01.06.2019

Mpumalanga Division (Nelspruit)

8

8

0

1

Deputy Judge President (x1)

Judge (x7)

21.12.2018

KwaZulu-Natal Division (Pietermaritzburg)

1

1

0

2

Judge (x1)

01.06.2019

KwaZulu-Natal Local Division (Durban)

0

0

0

 

n/a

n/a

Labour Court

2

2

0

4

Deputy Judge President (x1)

Judge (x1)

18.09.2017

21.05.2019

Total

36

36

0

21

36

n/a

 

Table 2: Court Officials

(a) The total number of current vacancies for (ii) Court Officials in the Higher Court is currently at 130;

(bb) the 130 vacancies are in 21 Higher Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court

(a) Total number of current vacancies

(a) (ii) Court Officials

(a) (aa)Lower Courts in each province 

(a) (bb) Higher Courts in each province

(b) (i) Details of the positions

(b) (ii) Date in which each position became vacant

Constitutional Court

4

4

0

1

Law Researcher (x2)

31.12.2018

28.02.2019

         

Judge’s Secretary (x 1)

28.02.2019

         

Security Officer (x1)

01.01.2019

Supreme Court of Appeal

6

6

0

1

Office Manager (x1)

01.01.2019

         

Assistant Director: Library Services (1)

31.12.2018

         

Deputy Director: Auxiliary Services (1)

14.12.2018

         

Librarian (1)

01.08.2019

         

Judge’s Secretary (x2)

02.07.2019

18.07.2019

Northern Cape Division (Kimberley)

3

3

0

1

Administration Clerks (Dcrs) (x1)

01.01.2019

         

Chief Registrar (x1)

01.01.2019

         

Senior Court Interpreter (x1)

31.03.2019

Eastern Cape Division (Grahamstown)

6

6

0

4

Administration Clerk (x2)

01.11.2018

           

01.07.2019

         

Chief Registrar (x1)

31.07.2019

         

Registrar (x1)

01.08.2019

         

Register’s Clerk (x1)

01.11.2018

         

Typist (x1

01.07.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Court Manager (x1)

01.06.2019

         

Judge’s Secretary (x1)

30.06.2019

Eastern Cape Local Division (Bhisho)

5

5

0

 

Administration Clerk (x1)

30.11.2018

         

Judge’s Secretary (x1)

30.06.2019

         

Messenger (x1)

01.04.2019

         

Senior Court Interpreter (x1)

01.04.2019

         

Statistical Officer (x1)

31.03.2019

Eastern Cape Local Division (Mthatha)

6

6

0

 

Administration Clerks (Dcrs) (x1)

06.01.2019

         

Registrar (x1)

31.12.2018

         

Registrar’s Clerk (x1)

31.03.2019

         

Telecom Operator (x1)

01.09.2018

         

Typist (x1)

31.05.2019

         

Usher Messenger ii (x1)

31.12.2018

Western Cape Division (Cape Town)

12

12

0

1

Administration Clerk (x1)

16.04.2019

         

Judge’s Secretary (x2)

31.07.2019

           

31.05.2019

         

Law Researcher (x1)

14.04.2019

         

Registrar (x3)

31.12.2018

           

01.01.2019

           

01.03.2019

         

Registrar’s Clerk (x1)

30.07.2019

         

Senior Court Interpreter (x1)

31.03.2019

         

Senior Foreman: Caretaking Services (x1)

31.05.2019

         

Usher Messenger ii (x2)

29.03.2019

           

30.06.2019

North West Division (Mahikeng)

8

8

0

1

Administrative Officer (x1)

28.02.2019

         

Court Interpreter Principal (x1)

31.01.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Librarian (x1)

31.07.2019

         

Registrar (x1)

01.01.2019

         

Chief Registrar (1)

30.11.2019

         

Registrar’s Clerk (x1)

30.04.2019

         

Registry Clerk (x1)

01.12.2018

Free State Division (Bloemfontein)

6

6

0

1

Administration Clerks (Dcrs) (x1)

10.06.2019

         

Judge’s Secretary (x1)

31.07.2019

         

Law Researcher (x1)

27.02.2019

         

Registrar (x2)

01.02.2019

           

01.11.2018

         

Registrar’s Clerk (x1)

31.07.2019

Gauteng Division (Pretoria)

14

14

0

2

Registrar Chief (x1)

31.05.2019

         

Administration Clerks (Dcrs) (x1)

01.06.2019

         

Judge’s Secretary (x4)

31.05.2019

           

31.05.2019

           

28.02.2019

           

01.05.2019

         

Library Assistant (x2)

31.03.2019

           

30.04.2019

         

Registrar (x1)

28.02.2019

         

Registrar’s Clerk (x1)

30.06.2019

         

Secretary (x1)

31.03.2019

         

Typist (x2)

17.06.2019

           

01.05.2019

         

Usher Messenger ii (x1)

11.02.2019

Gauteng Division (Johannesburg)

10

10

0

 

Administration Clerk (x1)

01.06.2019

         

Judge’s Secretary (x2)

01.05.2019

           

30.06.2019

         

Senior Court Interpreter

31.01.2019

         

Office Manager (x1)

01.05.2019

         

Registrar (x1)

01.07.2017

         

Registrar’s Clerk (x2)

30.04.2019

           

11.04.2019

         

Typist (x1)

02.04.2019

         

Typist Chief (x1)

31.12.2018

Limpopo Local Division (Thohoyandou)

2

2

0

2

Registrar’s Clerk (x1)

31.12.2018

         

Registrar

31.12.2019

Limpopo Division (Polokwane)

0

0

0

 

n/a

n/a

Mpumalanga Division (Nelspruit)

16

16

0

1

Office Manager (x1)

01.06.2018

         

Assistant Director: Administration (x1)

01.06.2018

         

Librarian (x1)

01.01.2019

         

Registrar (x2)

30.06.2019

           

31.07.2019

         

Registrar’s Clerk (x8)

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

         

Secretary (x1)

01.06.2018

         

Senior Court Interpreter (x1)

01.06.2018

         

Telecom Operator (x1)

27.06.2019

KwaZulu-Natal Division (Pietermaritzburg)

6

6

0

2

Court Interpreter Principal (x1)

01.12.2018

         

Data Capturer (x1)

01.08.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Registrar (x1)

10.12.2018

         

Senior Court Interpreter (x2)

01.06.2019

           

01.08.2019

KwaZulu-Natal Local Division (Durban)

11

11

0

 

Administration Clerk (x2)

01.03.2019

           

01.08.2019

         

Law Researcher (x1)

31.12.2018

         

Registrar’s Clerk (x3)

31.03.2019

           

01.01.2019

           

25.02.2019

         

Senior Court Interpreter (x1)

01.01.2019

         

Typist (x1)

30.04.2019

         

Usher Messenger ii (x3)

31.01.2019

           

01.02.2019

           

11.02.2019

Labour Court

13

13

0

4

Administration Clerk (x3)

01.08.2019

           

01.02.2019

           

11.02.2019

         

Deputy Director: Administration (x1)

01.07.2019

         

Food Service Aid ii (x1)

01.08.2019

         

Judge’s Secretary (x3)

01.03.2019

           

01.03.2019

           

31.01.2019

         

Usher/Messenger (x1)

01.03.2019

         

Registrar (x2)

01.12.2018

           

18.06.2019

         

Registrar’s Clerk (x2)

31.03.2019

           

31.05.2019

Total

130

130

0

21

130

 

 

15 October 2019 - NW579

Profile picture: Mulaudzi, Adv TE

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

(1) Has he been informed about the plight of the workers at SA Custodial Management and Kensani Corrections Management who were in a public private partnership with SA Custodial Services and the Department of Correctional Services (workers did not receive benefits between 2002-2006 and did not see their Workers Pension Contributions invested between 2001-2004 including monthly benefits owed to workers for the period of 2002-2015); if not, what steps will he take to ensure that the workers receive what they are owed; if so, what steps has he taken to ensure that the workers are fairly compensated; (2) Whether he will be conducting an investigation into the matter; if not, why not; if so, (3) Whether the culpable parties be criminally prosecuted; if not, why not; if so, what are the relevant details?

Reply:

1. Yes, the Department of Correctional Services is aware of labour related dispute between the Contractor and its employees.

The department signed a Public Private Partnership agreement with the Contractor South African Custodial Services (“the Contractor”) on 11 August 2000 to design, construct, operate, maintain and finance of a prison for 3024 bed spaces at Makhado (Louis Trichardt). The Contractor, South African Custodial Services commenced with operations on 16 February 2002 and the agreement will end on 15 February 2027.

In order to resolve the plight of the workers of SA Custodial Management and Kensani Corrections Management, a legal opinion was sought on 15 June 2015 from the departmental Legal Services. In brief, the legal opined that the remuneration of Contractor’s employees must be in line with the Concession Agreement entered into between the parties.

On 15 July 2015, the department further conducted an audit report on the remuneration and conditions of employment at the institution.

Amongst others, the recommendations of the audit report to the Contractor included:

  1. Development and approval of remuneration framework for all occupation categories;
  2. Use of correct translation keys into occupational specific dispensation; and
  3. Consistency in determining and paying remuneration.

2. As a result of failure by the Contractor to implement the recommendations of the audit report, the Union for Police, Security and Corrections Organisation on behalf of employees of the Contractor took the pension fund dispute to court. The notice of set down date is not yet confirmed.

3. Not applicable.

15 October 2019 - NW483

Profile picture: Selfe, Mr J

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

(1) By what date will he introduce amending legislation to section 136(1) of the Correctional Services Act, Act 111 of 1998, as ordered by the Constitutional Court in its judgement in the case of Phaahla v. Minister of Justice and Correctional Services, CCT 44/18 [2019] ZACC 18 in Parliament; (2) Whether (a) he and/or (b) his department has considered the implications of the specified judgement; if not, in each case, why not; if so, what are the relevant details of his and the department’s findings in this regard?

Reply:

(1) A draft amendment of the section 136(1) of the Correctional Services Act 1998 (Act No. 111 of 1998) has been initiated. Thereafter, the due process of legislative amendment will be complied within the 24 months time-frame set by the Constitutional Court. A process to identify eligible offenders has also been initiated.

(2) (a) and (b)

Yes, the Department has considered the implications of the judgment. An action plan to implement the judgment has been developed. An audit of the implications on offenders affected by the judgement has been conducted and preliminary findings indicate that:

i) Minimum detention periods of lifers and offenders serving fixed sentences to be reviewed,

ii) Offenders who are eligible to benefit from the judgment should be subjected to relevant rehabilitation and correctional programmes and considered as and when they become due or reached their minimum detention period.

15 October 2019 - NW445

Profile picture: Mulder, Dr CP

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

What are the reasons that vocational training received by prisoners in the correctional system is not accredited by sector education and training authorities (seta);

Reply:

  1. The Department of Correctional Services offers access to Technical Vocational Education and Training (TVET) College Programmes in partnership with Department of Higher Education and Training (DHET), and receives funding from various Sector Education and Training Authorities (SETAs) , e.g. SASSETA and the National Skills Fund (NSF) to address training needs of offenders.

DCS is currently having the following accredited training centres for offenders in the following Regions:

ACCREDITED: OFFENDER TRAINING FACILITIES AND WORKPLACES

Region

Management Area/ Correctional Centre

Name of accredited Programme

Date of accreditation

Name of SETA

Gauteng

Gauteng

Boksburg Steel Workshop

Welding Application and Practice

15/01/2015

Manufacturing, Engineering and Related Services Sector Education and Training Authority (MERSETA)

 

Boksburg Wood Workshop

Furniture Making: Wood

15/01/2015

Fibre Processing & Manufacturing SETA

(FP&M SETA)

 

Kgoši Mampuru II

Welding Application and Practice

26/10/2016

MERSETA

   

Automotive Repair and Maintenance

15/01/2015

MERSETA

   

Furniture Making: Wood

11/04/2018

FP&M SETA

Free State/ Northern Cape

Tswelopele Motor Mechanic Workshop

Automotive Repair and Maintenance

10/12/2015

MERSETA

Kwa-Zulu Natal

Durban Westville Textile Workshop

Textile

05/05/2016

FP&M SETA

 

Pietermaritzburg

Welding Application and Practice

14/06/2017

MERSETA

(2) Yes, the Department is in the process of increasing the number of accredited offender training Centres.

(3) The decision to make a statement will be made by the Honourable Minister.

11 October 2019 - NW760

Profile picture: Chetty, Mr M

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

What is the (a) total cost and (b) detailed breakdown of the cost incurred since the establishment of the Judicial Commission of Inquiry into Allegations of Impropriety regarding the Public Investment Corporation, chaired by Justice Lex Mpati?

Reply:

(a) The total cost incurred since the establishment of the Judicial Commission of Inquiry into allegations of Impropriety regarding Public Investment Corporation is R24 694 284.00

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

Main Cost Drivers

Expenditure for the 2018/19 financial year

Expenditure for the 2019/20 financial year

Compensation of Employees

R 5 176 581

R 9 494 875

Goods and Services

R 1 211 827

R 7 898 568

Machinery and Equipment

R 644 596

R 267 837

Total PIC Commission

R 7 033 004

R 17 661 280

11 October 2019 - NW872

Profile picture: Horn, Mr W

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

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

Reply:

Approximately 2 645 cases amounting to R13 million was reported as fruitless and wasteful expenditure in the 2017/18 financial year. The Department of Justice and Constitutional Development has resolved 2 110 cases to the value of R11.1 million in that some of the amounts were recovered whilst in other cases it was determined after an investigation that it was not due to the fault of the official, for example a change in the programme outside the control of the official.

WHY NOT:

(a)The outstanding amount of R1.9 million that is currently the balance on the Fruitless and Wasteful Expenditure Register for all years includes storage fees for the Mpumalanga High Court Building that should be resolved during this financial year; and

(b) No-show penalties valued at R845 000.00 that must still be resolved.

The National Prosecuting Authority has also reported fruitless expenditure cases in the following categories during 2017/18:

Category

Number of cases

Amounts involved

Action Taken

No Shows

9

R17 486.29

R12 842.20 is currently in the process of being recovered from 9 officials

 

3

R4 644.09

Three officials are disputing the debt and the cases have been referred for additional information.

AFU curator fees

(Possible fruitless expenditure)

-

R47 325 577.49

Still under investigation

11 October 2019 - NW864

Profile picture: Mhlongo, Mr P

Mhlongo, Mr P to ask the Minister of Justice and Correctional Services

Did the National Prosecuting Authority investigate whether the amount of R684,000 that was allegedly a loan from a certain company (name furnished) to a certain person (name and details furnished) was the proceeds of money laundering or not; if not, why not; if so, what (a) are the relevant details and (b) is the current status of the investigation?

Reply:

The National Director of Public Prosecutions informed me that the mandate of the National Prosecuting Authority (NPA), in terms of section 179 of the Constitution, is not to investigate but to institute prosecutions. The NPA can only institute a prosecution after investigation is finalised by the South African Police Service/Directorate for Priority Crime Investigation (DPCI), and if there is prima facie evidence in the case docket that supports the allegations which are the subject of the investigation.

(a) The NPA is not in a position to provide any information regarding this matter. The allegations pertaining to the loan are still being investigated by the DPCI.

(b) The investigation is being conducted by the DPCI and this enquiry should be referred to the agency.    

16 September 2019 - NW727

Profile picture: Malatsi, Mr MS

Malatsi, Mr MS to ask the Minister of Justice and Correctional Services

What is the (a) total cost and (b) detailed breakdown of the cost incurred since the establishment of the Commission of Inquiry into tax administration and governance by the SA Revenue Services?

Reply:

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

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

Economic Classification

Expenditure 2018/19

Expenditure 2019/20

Compensation of Employees

R205 838

-

Goods and Services (Legal Advisory Services)

R6 908 582

R991 692

Machinery and Equipment

-

-

Total SARS Commission

R7 114 421

R991 692

16 September 2019 - NW709

Profile picture: Chetty, Mr M

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

What is the (a) total cost and (b) detailed breakdown of the cost incurred since the establishment of the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, chaired by the Deputy Chief Justice Raymond Zondo?

Reply:

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

Financial Year

Expenditure

             R’000

2018/19

244 573

2019/20 As at 31 August 2019

111 553

Total Spent

356 127

 

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

 

13 September 2019 - NW668

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What total number of criminal (a) prosecutions and (b) convictions were dealt with in the (i) magistrates, (ii) district and (iii) high courts in each of the past five financial years?

Reply:

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

Financial Years

2014/15

2015/16

2016/17

2017/18

2018/19

Number of cases (prosecutions) finalised including ADRM

National

503 463

477 802

505 376

494 815

425 778

District Courts

465 834

442 371

470 055

460 598

394 335

Regional Courts

36 651

34 419

34 257

33 246

30 477

High Courts

978

1 012

1 064

971

966

Number of cases (prosecutions) finalised with a verdict (convictions and acquittals)

National

319 149

310 850

341 360

335 161

276 309

District Courts

284 741

278 006

308 688

303 353

247 342

Regional Courts

33 430

31 832

31 608

30 837

28 001

High Courts

978

1 012

1 064

971

966

Number of Convictions

National

294 608

289 245

321 190

317 475

260 456

District Courts

268 127

263 377

295 013

291 609

236 705

Regional Courts

25 591

24 958

25 209

24 976

22 882

High Courts

890

910

968

890

869

13 September 2019 - NW620

Profile picture: Mulaudzi, Adv TE

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

What (a) total amount has (i) his department and (ii) each of the entities reporting to him spent on (aa) cleaning, (bb) security and (cc) gardening services in the (aaa) 2017-18 and (bbb) 2018-19 financial years, (b) amount was paid to each service provider to provide each specified service and (c) total amount was paid to each of the service providers?

Reply:

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

A. Department of Justice and Constitutional Development

(aa) Cleaning

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

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

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

(bb) Security Services

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

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

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

 

GUARDING SERVICES

SERVICE PROVIDER

2017/18 AMOUNT PAID (R'000)

2018/19 AMOUNT PAID (R'000)

TOTAL PAID (R'000)

Tyeks Security Services

10 186

10 187

20 373

Mabotwane Security Services

99 208

71 329

170 537

Fidelity Security Services

221 963

225 565

447 528

Mcc Security Services

75 163

108 679

183 843

Jackcliffy Trading

115 770

120 118

235 888

Tshedza Protective Service

43 133

39 719

82 853

Office of the Chief Justice (Upgrading of Private Security for Judges)

0

534

534

Total

565 424

576 131

1 141 555

CASH IN TRANSIT

SERVICE PROVIDER

2017/18 AMOUNT PAID (R'000)

2018/19 AMOUNT PAID (R'000)

TOTAL PAID (R'000)

Fidelity Cash Solutions

22 996

19 558

42 553

Office Of The Chief Justice

542

0

542

Total

23 538

19 558

43 096

MAINTENANCE AND REPAIRS EXPENDITURE

SERVICE PROVIDER

2017/18 AMOUNT PAID R'000

2018/19 AMOUNT PAID R'000

TOTAL PAID R'000

Global Technology Systems

94 097

121 177

215 274

Isecure Digital

1 723

1 736

3 459

R And D Screening Technologies

447

0

447

Mutual Safe & Security

5

0

5

Smiles Keycraft

1

0

1

Sysman Public Safety Systems

4

0

4

Total

96 277

122 913

219 190

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

685 239

718 602

1 403 840

B. National Prosecuting Authority

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

2017/18

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

2018/19

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

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

C. Special Investigation Unit

a) The SIU has spent as follows:

No.

Description

2017/18

2018/19

(aa)

Cleaning Services

R1 502 063.18

R1 414 797.04

(bb)

Security Services

R320 888.45

R547 076.24

(cc)

Gardening Services

None, as it is included on the operating costs that are paid to landlords for office accommodation.

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

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

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

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

D. Legal Aid South Africa

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

Total amounts paid to each of the service providers:

No.

Description

2017/18

2018/19

(aa)

Cleaning Services

R7 651 319

R8 459 042

(bb)

Security Services

R2 198 512

R2 342 609

(cc)

Gardening Services

No costs were incurred for gardening services.

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

E. The Office of the Chief Justice

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

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

13 September 2019 - NW746

Profile picture: Gumbi, Mr HS

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

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

Reply:

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

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

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

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

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

2. There were no gifts distributed to the guests.

13 September 2019 - NW365

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What (a) number of official international trips is (i) he and (ii) his deputies planning to undertake in the 2019-22 medium term expenditure framework, (b) will the (i) destination, (ii) date, (iii) purpose and (iv) number of persons who will travel with the delegation be and (c) is the detailed breakdown of the expected cost of (i) flights, (ii) accommodation and (iii) any other expenses in each case?

Reply:

We wish to reply to the Honourable Member as follows:

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

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

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

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

13 September 2019 - NW476

Profile picture: Breytenbach, Adv G

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

Whether the National Prosecuting Authority (NPA) intends to defend its constitutional independence in the review application against the Public Protector’s Report on an Investigation into Allegations of a Violation of the Executive Ethics Code through an Improper Relationship between the President and African Global Operations, formerly known as Bosasa, Report 37 of 2019-20, wherein the Public Protector instructs the NPA to conduct further investigation into prima facie evidence of money laundering as uncovered during her investigation, and deal with it accordingly; if not, why not; if so, what are the relevant details?

Reply:

I have been informed by the NDPP as follows:

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

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

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

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

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

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

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

26 August 2019 - NW345

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Justice and Correctional Services

Whether, with reference to the reply to question 1606 on 12 July 2017 regarding the Constitutional Court ruling in 2011 that the practice of repossessing homes without having the claims tested by a judge is illegal, Legal Aid South Africa and Lungelo Letho Human Rights Foundation have been successful in ensuring that the illegal repossession of the house of Mr Ernest Mashaba does not take place; if not, why not; if so, what are the relevant details?

Reply:

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

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

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

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

1. ABSA vs Mokebe

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

2. Std. Bank vs Hendricks

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

26 August 2019 - NW280

Profile picture: Sarupen, Mr AN

Sarupen, Mr AN to ask the Minister of Justice and Correctional Services

What (a) total amount is budgeted for his private office for the 2019-20 financial year and (b) was the (i) total remuneration, (ii) salary level, (iii) job title, (iv) qualification and (v) job description of each employee appointed in his private office since 1 May 2019?

Reply:

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

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

JOB TITLE

LEVEL

REMUNERATION

QUALIFICATION/S

JOB DESCRIPTION

Chief of Staff

14

R1 251 183.00

Snr Certificate, B Com Accounting and Postgraduate Diploma in Business Management.

  • Manage, create and maintain systems and procedures for tracking and following up on all correspondence related to the portfolio of the executing authority.
  • Co-ordinate and ensure the compliance with requests and instructions from the executing authority, including the elimination of unnecessary duplication of activities and serve as the main link between the office of the executing authority and the institutions falling under the portfolio of the executing authority.
  • Providing content support to the executing authority regarding Cabinet matters, meetings, conferences and documents received from the institutions falling under the portfolio of the executing authority. Ensure that the executing authority timeously receives the correct documentation and briefing notes for meetings.
  • Responsible for strategic planning, human resource and financial management in the office of the executing authority.
  • Ensure strategic leadership and co-ordination of communication with the media on activities pertaining to the portfolio of the executing authority.
  • Conduct research and manage special projects on request of the executing authority.
  • Follow and be guided by all instructions as prescribed in the ministerial handbook.
  • Oversee the management and maintenance of the executing authority’s official residence through liaison with Public Works.
  • Manage VIP Security through liaison with Commissioners at SAPS.

 

Administrative Secretary

13

R1 057 326.00

Snr Certificate, Public Management

  • Ensure timeous acknowledgement and appropriate referral of all EA’s correspondence.
  • Oversee administrative correspondence to assist the EA with her/his administration.
  • Assist the EA with the preparation of briefing notes, memoranda (confidential and highly confidential) and other documentation required by the EA, through inter alia:
  • Edit and comment where necessary on submissions prior to submitting to EA.
  • Provide content direction and input to enquiries made to the EA.
  • Facilitate, and ensure the distribution of Cabinet memoranda/ submissions to the Cabinet, the legislature and/or various standing/ portfolio committees to ensure that key issues are adhered to.
  • Liaise with heads of components in the Department, external and internal clients, service providers, other governments, and other Departments to co-ordinate the activities of the EA and its Office.
  • Manage all administrative activities in the office of the EA through inter alia-The management and maintaining of work flow systems in EA’s office, including tracking and monitoring of work.
  • Ensure that registry, filling and document management systems are maintained effectively.
  • Ensure that staff is able to operate administrative systems through continuous training.
  • Ensure maintenance of office equipment.
  • Manage all procurement and logistical support within the Office of the EA to ensure that an effective support service is rendered to the EA.
  • Brief the Chief of Staff on matters pertinent to the EAs portfolio on the agenda of the Cabinet to ensure that the EAs prepared regarding all issues affecting the department.

Parliamentary and Cabinet Support

13

R1 057 326.00

Snr Certificate, National Diploma Public Management

  • To monitor events in Parliament, as well as represent the Department in Parliament.
  • To monitor Parliamentary question papers (i.e. identifying questions addressed to the Minister, especially those that impact in his/her functional terrain, ensuring that the responses are done in a format prescribed by Parliament and tabling of the approved responses in Parliament).
  • To monitor the meetings of committees of houses of Parliament relevant to the Departmental portfolio.
  • To act as a link and/ or facilitate the movement of information between Parliament, the Department and the Ministry.
  • Conduct personal liaison with officers of the department, other departments, MPs, MEC’s, ministries and other organizations on departmental/functional matters.
  • Compile secret documents and cabinet memoranda and ask for comments from the department.
  • Handle draft acts, prepare documents, and keep a register thereof.
  • Make and receive telephone calls on general parliamentary and departmental matters.
  • Maintain the filing system of secret documents and cabinet memoranda and control the safekeeping thereof.
  • Control the overall packing and dispatching of official documents and equipment for the parliamentary session and the recess, and manage the movement of equipment and households to and from Cape Town.
  • Follow current affairs and bring relevant information to the attention of the Executing Authority.
  • Provide support to the department in respect of key parliamentary events, such as the budget vote.

Media Liaison Officer/Spokesperson

13

R1 057 326.00

Snr Certificate, B. Law

  • Develop, implement and manage an effective media liaison service.
  • Liaison with the media on subjects, conditions and events of the department through different mediums of communication to market the activities of the Executing Authority.
  • Liaison with the communication component of the department to ensure co-ordination and alignment with the political priorities and programs of the Executing Authority.
  • Monitor public attitudes in order to plan and execute actions to project a positive image of the office of the Executing Authority/department.
  • Monitor media reports to ensure that the Executing Authority is well informed on current affairs that impacts on the department.
  • Write speeches for the Executing Authority for all events.
  • Issue media statements and press releases for purposes of communicating departmental information to the public on behalf of the Executing Authority.

Parliamentary Officer

11

R733 257.00

Snr Certificate, National Diploma, B-Tech Public Management

  • To monitor events in Parliament, as well as represent the Department in Parliament.
  • To monitor Parliamentary question papers (i.e. identifying questions addressed to the Minister, especially those that impact in his/her functional terrain, ensuring that the responses are done in a format prescribed by Parliament and tabling of the approved responses in Parliament).
  • To monitor the meetings of committees of houses of Parliament relevant to the Departmental portfolio.
  • To act as a link and/ or facilitate the movement of information between Parliament, the Department and the Ministry.
  • Conduct personal liaison with officers of the department, other departments, MPs, MEC’s, ministries and other organizations on departmental/functional matters.
  • Compile secret documents and cabinet memoranda and ask for comments from the department.
  • Handle draft acts, prepare documents, and keep a register thereof.
  • Make and receive telephone calls on general parliamentary and departmental matters.
  • Maintain the filing system of secret documents and cabinet memoranda and control the safekeeping thereof.
  • Control the overall packing and dispatching of official documents and equipment for the parliamentary session and the recess, and manage the movement of equipment and households to and from Cape Town.
  • Follow current affairs and bring relevant information to the attention of the Executing Authority.
  • Provide support to the department in respect of key parliamentary events, such as the budget vote.

Appointments/Private Secretary

12

R869 007.00

N2 Business Studies, N4 Human Resource Management

  • Manage the diary of the Executing Authority, which include:
  • reception of visitors;
  • the arrangement of appointments, interviews and appearances; and
  • the compiling of programmes of appointments and journeys.
  • Assist the Executing Authority with logistical arrangements, which include:
  • handling of travel and accommodation arrangements;
  • provision and maintenance of office and living accommodation and furniture; and
  • making arrangements for movements to attend meetings.
  • Assist the Executing Authority with executive obligations, which include:
  • the requesting, receiving and checking of documents for meetings, draft replies, speeches and comments;
  • the arrangement for placement of items on the agendas of meetings, and circulation of accompanying memoranda including Cabinet memoranda to other ministries;
  • the monitoring of order-papers, lists of questions and minutes of the relevant executing authority;
  • the collection of replies to questions; and
  • accompanying the Executing Authority to official functions and on official journeys.
  • Assist the Executing Authority with representative obligations, which include:
  • the arrangement of absence from meetings;
  • taking care of enquiries and representations from members of the public;
  • making arrangements for the attendance of meetings and other gatherings;
  • taking care of accompanying correspondence and records; and
  • accompanying the Executing Authority on visits.
  • Assist the Executing Authority with constituency work, which include:
  • support with party political activities; and
  • liaise with constituency.
  • Assist the Executing Authority with diverse private obligations of a routine nature.
  • Liaise with Parliament, stakeholders and constituency.
  • Supervise Assistant Appointment Secretary (if there is any).

Assistant Appointments and Administrative Secretary

10

R758 537.50

Snr Certificate, B. Accounting

  • Assist the Appointments and/ or Administrative Secretary to manage the diary of the Executing Authority, which include:
  • the arrangement of interviews, appointments and appearances;
  • the reception of visitors;
  • the arrangement of admission to the Executing Authority;
  • the compiling of programs of appointments and journeys; and
  • taking care of accompanying correspondence.
  • Assist the Appointments and/ or Administrative Secretary with logistical matters, which include:
  • handling of travel and accommodation arrangements;
  • provision and maintenance of office and living accommodation and furniture;
  • making arrangements for movements to attend meetings; and
  • handle arrangements for meetings.
  • Maintain an efficient filling system.
  • Attend to correspondence in the office of the executing authority.
  • Liaise with Parliament, stakeholders and constituency in consultation with the Appointment Secretary.
  • Assist the Executing Authority with his/her personal matters to enable her/him to attend to her/his other duties.

Driver/Messenger

5

R237 973.10

Grade 10–

  • Collect mail and documents from and to the department.
  • Collect and deliver correspondence/parcels for the Executing Authority at various collection and distribution points.
  • Provide a transport service for the office of the Executing Authority.
  • Maintenance of the vehicle.

Registry

7

R368 909.50

Snr Certificate, B-Tech Public Management

  • Maintain the electronic correspondence management register.
  • Record keeping of all documentation (correspondence and submissions) processed and received in the office of the EA to ensure an efficient and effective flow of information.
  • Ensure the updating and safekeeping of the filing system to ensure easy access to information.
  • Ensure that all documents are filled in accordance to the prescripts of the National Archives Act and the Ministerial filling system.
  • Draft reply of acknowledgement to all letters received.
  • Assist with the distribution of Cabinet/Executive Council Memoranda.
  • Control stocks and stationary as chief user clerk for the EA’s office.

Department of Correctional Services

01 May 2019

No.

Job Title

Salary level

Remuneration

Qualification

1.

Special Projects and Stakeholder Relations

13

R1 183 932

  • National Senior Certificate
  • B comm

2.

National Council on Correctional Services (NCCS)

13

R 1 017 972.00

  • National Senior Certificate
  • BA
  • Bachelor of Laws

3.

Parliamentary Officer

11

R733 257

  • National Diploma : Public Management
  • B-Tech Public Management

4.

Personal Assistance

10

R470 040

  • National Senior Certificate

5.

Registry Clerk

07

R257 508

  • National Senior Certificate

6.

Driver

05

R173 703

  • National Senior Certificate

Office of the Deputy Minister

No.

Job Title

Salary level

Remuneration

Qualification

1.

Head of Office

13

R1 183 932

  • Certificate of exemption
  • Lower Diploma in Library and Information Science(UWC)
  • MA: International Studies (Stellenbosch University)
  • MA International Politics (University de Paris XI)

2.

Technical Specialist

13

R1 183 932

  • Matric
  • Master of Management
  • Diploma in Labour Law

3.

Private Secretary

12

R869 007

  • National Senior Certificate
  • BA in Philosophy
  • Post graduate dip in Personnel Management

4.

Parliamentary Cabinet Liaison

12

R869 007

  • National Senior Certificate
  • ND Public Management

5.

Community Outreach Officer

11

R733 257

  • National Senior Certificate
  • B Admin (University of Transkei)
  • Postgraduate Dip in Social Research Methods

6.

Secretary/ Receptionist

07

R303 339

  • National Senior Certificate
  • ND Administrative Management

7.

Registry Clerk

07

R257 508

  • National Senior Certificate

8.

Messenger Driver

05

R173 703

  • National Senior Certificate

9.

2X Domestic Workers

03

R122 595

  • No Matric

19 August 2019 - NW260

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Justice and Correctional Services

With regard to case numbers Moffatview ref nr CAS 4/4/2019, Orlando ref nr CAS 513/04/2019 and Orlando ref nr CAS 551/04/2018, (a) what has he found to be the reasons for the prosecution process to have taken so long, (b) why were some of the cases withdrawn without informing the complainants and (c) by what date will the remaining cases be going to court?

Reply:

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

23 July 2019 - NW142

Profile picture: Singh, Mr N

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

Whether he has been informed of the chaotic situation resulting from the renovations of the Durban High Court which are being undertaken while court proceedings are in progress, causing disruptions that may lead to justice being delayed and ultimately denied; if not, why not; if so, what are the relevant details; (2) Whether he has been in consultation with the Department of Public Works and Infrastructure in order to look for alternative premises to ensure that an efficient process is followed; if not, why not; if so, what are the relevant details; (3) Whether there is a time frame in place for the completion of the renovations of the specified high court edifice; if not, why not; if so, by what date will the renovations be completed?

Reply:

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

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

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

 

NW1100E

12 July 2019 - NW13

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Justice and Correctional Services

What is the current total number of (a) foreign nationals and (b) undocumented migrants in South African prisons?

Reply:

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

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

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

11 July 2019 - NW18

Profile picture: Breytenbach, Adv G

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

What (a) number of court intermediaries are currently employed by his department in each province, (b) court(s) do the intermediaries serve, (c) number of cases do the intermediaries attend to each month and (d) languages are the intermediaries proficient in?

Reply:

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

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

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

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

Province

DoJ&CD Intermediaries as at 31 Mar 2019

DSD Intermediaries

Total

 

Court Intermediaries

Assistant Director Intermediaries

Ad Hoc Intermediaries

   

Eastern Cape

16

1

-

-

17

Free State

10

-

3

2

15

Gauteng

12

1

27

16

56

KwaZulu-Natal

34

-

1

2

37

Limpopo

17

1

-

-

18

Mpumalanga

14

-

2

-

16

Northern Cape

9

-

-

-

9

North West

18

1

-

2

21

Western Cape

23

-

3

2

28

Total

153

4

36

24

217

b) What courts do the intermediaries serve?

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

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

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

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

CASES WHERE INTERMEDIARY SERVICES WERE RENDERED: 2018/2019

Province

Sexual Offences

Children’s court

 

Child Witnesses

Child Victims

Mentally Disabled Witnesses

Mentally Disabled Victims

Witnesses

Victims

Total

EC

787

1 894

3

105

43

62

2 894

FS

451

890

1

5

54

64

1 465

GP

603

2 114

-

9

16

20

2 762

KZN

392

1 912

2

51

5

16

2 378

LIMP

269

640

6

15

21

23

974

MP

329

1 150

1

13

11

11

1 515

NW

198

585

1

11

61

30

886

NC

216

715

1

16

39

19

1 006

WC

340

915

4

17

4

8

1 288

TOTAL

3 585

10 815

19

242

254

253

15 168

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

d) What languages are the intermediaries proficient in?

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

Province

English

Afrikaans

Setwana

Sesotho

Isizulu

Siswati

Isixhosa

Isindebele

Tshivenda

Sepedi

Xitsonga

EC

216

70

1

27

50

0

257

5

0

0

1

FS

37

25

12

76

11

0

16

0

0

0

1

GP

116

73

72

84

172

6

89

9

17

77

33

KZN

209

9

0

11

275

0

74

0

0

0

1

LIMP

84

4

15

12

17

8

1

7

14

97

24

MPUM

55

10

5

6

63

39

0

23

0

44

11

NC

58

34

94

25

7

0

3

1

1

12

2

NW

55

97

75

0

0

0

22

0

0

1

1

WC

115

147

1

0

2

0

103

0

0

0

0

TOTAL

945

469

275

241

597

53

565

45

32

231

74

05 July 2019 - NW41

Profile picture: Mulaudzi, Adv TE

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

What is the total number of Judges who have (a) left and (b) entered the judicial system in the past five years with reference to each court they serve in or served in?

Reply:

The responses are presented on the below table:

Court

Number of Judges  who have left the Judicial system

Number of Judges who have entered the Judicial system

Constitutional Court

 

4

-

-

-

Supreme Court of Appeal

 

8

-

2

-

Northern Cape Division (Kimberley)

2

-

-

1

Eastern Cape Division  (Grahamstown)

1

-

1

2

Eastern Cape Local Division (Port Elizabeth)

2

-

-

1

Eastern Cape Local Division

(Bisho)

-

-

1

1

Eastern Cape Local Division

(Mthatha)

2

-

-

2

Western Cape Division

(Cape Town)

6

-

-

8

North West Division (Mahikeng)

 

1

1

-

1

Free State Division

(Bloemfontein)

3

-

1

9

Gauteng Division (Pretoria)

7

1

2

12

Gauteng Local Division

(Thohoyandou)

10

-

1

11

Limpopo Local Division

-

-

-

-

 

Limpopo Division

(Polokwane)

 

-

 

-

 

-

 

4

 

Mpumalanga Division

(Nelspruit)

 

-

-

-

-

KwaZulu-Natal Division

(Pietermaritzburg)

2

-

-

4

KwaZulu- Natal Local Division

(Durban)

-

-

1

6

Labour Court

-

-

1

6

Total

48

2

10

65

 

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

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

08 October 2018 - NW2740

Profile picture: Mulaudzi, Adv TE

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

What is the (a) name, (b) organisation and (c) crime of each specified person to whom the Truth and Reconciliation Commission granted amnesty?

Reply:

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

08 October 2018 - NW2685

Profile picture: Mulaudzi, Adv TE

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

Whether his department has any programmes in place for the rehabilitation of prisoners; if not, why not; if so, what are the relevant details of the programmes offered?

Reply:

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

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

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

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

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

1.  NEW BEGINNINGS

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

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

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

3. CROSS ROADS

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

4. RESTORATIVE JUSTICE ORIENTATION

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

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

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

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

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

7. BEHAVIOUR MODIFICATION PROGRAMME ON GANGSTERISM

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

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

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

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

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

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

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

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

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

12. A Correctional Programme for female offenders

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

Sub- Programme1 of 4: General Life Skills

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

Sub-Programme 2 of 4: Relationships

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

Sub-Programme 3 of 4: Addictive Behaviour

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

Sub-Programme 4 of 4: Career Building

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

13. PRE-RELEASE

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

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

SOCIAL WORK SERVICES

  • Anger Management Programme

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

  • Sexual Offender Treatment Programme

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

  • Substance Abuse Programme

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

  • Substance Abuse Programme

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

  • Youth Resilience Enhancement Programme

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

  • Cool and Fit for Life (Youth Programme)

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

  • Elderly Offender Programme

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

  • Sisonke Family and Marriage Care Programme

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

  • Parenting Skills Programme

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

SPIRITUAL CARE

  • Anger management programme

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

  • Pre-release programme

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

  • Family firm foundation

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

  • Igugulethu our treasure

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

  • Self-image

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

  • Heartlines programmes

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

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

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

  • Phomolo life steps

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

  • Pitso-imbizo reconciliation

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

FORMAL EDUCATION

Formal Education offer the following programmes:

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

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

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

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

SKILLS DEVELOPMENT

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

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

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

PRODUCTION WORKSHOPS AND AGRICULTURE

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

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

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

Production Workshop and Agriculture

2010/

2011

2011/

2012

2012/

2013

2013/

2014

2014/

2015

2015/

2016

2016/

2017

2017/

2018

Production Workshops

1 693

1 608

1 515

1 690

1 690

1 817

1 765

1 547

Agriculture

2 906

3 215

3 110

3 281

3 276

3 108

3 268

3 308

Development opportunities in Agriculture:

Item No.

Type of Enterprise/ activities

1.

Vegetable production (21 farms and 115 small sites)

2.

Fruit production (13 farms)

3.

Milk production (17 farms)

4.

Red meat production - Beefers (19 farms)

- Small stock (5 farms)

5.

Poultry- broilers (3 farms) and layers (7 farms)

6.

Abattoirs: Red meat (17 farms) and white meat (3 chicken farms)

8.

Piggeries (15 farms)

Development opportunities in Production Workshops:

Item No.

Type of Facility

Products range

Trades / Activities

 

Wood Production

(10 workshops).

  • Office Furniture Products.
  • School equipment.
  • Recreational equipment.
  • Various wood products.
  • Repair/rehabilitation of office furniture & wood products.
  • Cabinet making.
  • Wood machining.
  • Upholstery.
  • Furniture polishing.
 

Steel Production

(10 workshops).

  • Security equipment.
  • Cell equipment.
  • Kitchen and dining equipment.
  • Rehabilitation of steel equipment.
  • Agriculture equipment.
  • Various steel products.
  • Welding.
  • Plate metal work.
  • Fitting & turning.
  • Spray painting and powder coating.
  • Sign-writing
  • Jig tool and die making
 

Textile Production

(19 workshops).

  • Offender uniform.
  • Offender bedding.
  • Various products, i.e. property bags.
  • Garment manufacturing.
 

Bakeries

(9 bakeries).

  • Bread
  • Craft bread baking.
 

Shoe factory

(1 shoe factory).

  • Offender Shoes (male)
  • Shoe manufacturing.
 

Prison Locks –manufacturing workshop

  • Prison locks, locks for courts, South African Police Services and Mental Institutions (for Department of Health).
  • Locksmith
 

Printing workshops

  • Printing of the signage.
  • Graphic Designer

SPORTS, RECREATION, ARTS AND CULTURE

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

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

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

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

Ongoing Crime Prevention Programme: Stories behind bars

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

08 October 2018 - NW2684

Profile picture: Mulaudzi, Adv TE

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

What (a) is the total number of prisoners who are currently (i) enrolled for high school education and/or (ii) registered for university studies and (b) field of study is each prisoner studying?NW2975

Reply:

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

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

(b)

TOTAL NATIONAL SENIOR CERTIFICATE (new CAPS Curriculum)

14 FULL TIME SCHOOLS AND KUTAMA SINTHUMULE

 

Male

Female

Juvenile

TOTAL

Grade 9

0

0

40

40

Grade 10

165

0

191

356

Grade 11

106

0

134

240

Grade 12

123

0

77

200

Grand Total

394

0

442

836

TOTAL AMENDED SENIOR CERTIFICATE (part time) OLD SYLLABUS SITTING FOR EXAMS IN MAY - JUNE 2018

Male

Female

Juvenile

TOTAL

615

27

41

683

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

FREE STATE AND NORTHERN CAPE REGION (Total 41)

FIELD OF STUDY OF EACH PRISONER

TOTAL

Safety Management

1

Literally Legum Baccalaureus (LLB)

5

Journalism

1

Safety Health & Environment Representative Certificate

1

Safety Health & Environment Representative Certificate

1

Radio Broadcast

1

Diploma In Project Management

1

Diploma In Computer & Information Systems

1

B.Com Accounting

1

Degree In Economics

1

Small Business Management

1

Diploma In Business Management

1

Risk Management

2

BA Criminology

1

Diploma In Policing

1

Higher Certificate In Financial Business Management

1

Degree In Entrepreneurship

1

Paralegal Studies

1

Diploma In Health & Safety

1

Bachelor Of Commerce In Law

1

Higher Certificate In Business

1

Public Management

1

Web Design

1

Business Management

2

Public Management

1

Higher Certificate In Marketing

1

Higher Certificate In Law

2

Higher Certificate In Adult Basic Education & Training

1

Economic Management Science

1

Information Technology

1

African Political Economic

1

Bachelor of Business Admin (BBA)

1

Diploma In Public Relation

1

Dentist Technology

1

LIMPOPO. MPUMALANGE AND NORTH WEST REGION (Total 62)

FIELD OF STUDY

TOTAL

BSC Computer Science

1

Junior Degree Public Administration

1

Psychology

1

Bachelor of Art Communication & Public Administration

1

Bachelor of Arts Psychology

2

Junior Degree Statistics and Computer Science

1

Junior Degree Environmental Management

1

Post graduate Philosophy

1

Post graduate Education

2

Diploma Marketing

1

Junior Degree Accounting

1

Bachelor of Commerce Marketing Management

2

BCOMPT Accounting Science

2

Honours in Education Management & Leadership

1

LLB Criminal Law

1

Post graduate Risk Management

1

Diploma Commerce

1

BSC & BA Environmental Management

1

Post graduate Retail Marketing and Merchandising

1

B A in (Health science and social Service)Psychological Counselling (Maximum)

4

Junior Degree Marketing management

1

Diploma in Law Paralegal

2

Post graduate Human Resource Management

1

Bachelor of Laws Attorney

2

Diploma Computer science

3

Diploma in Security Management Security Management

2

Diploma Music

1

Diploma Engineering

1

Higher Certificate Economics Management Science

1

Bachelor of Arts Communication Science

1

Bachelor of Arts Communication

1

Post graduate Information Resource Management

1

Junior Degree LLB

2

Junior Degree Criminology

1

Diploma Accounting Science

1

Higher Certificate Life and Environmental sciences

5

Higher Certificate Accounting Science

1

Bachelor of Education Intermediate & Senior Phase

1

Junior Degree Psychology

1

Diploma in Law Paralegal

1

Diploma Mathematics and Science

1

Bachelor of Commerce

1

Diploma in Security Management

1

Bachelor of Business Strategy

1

Higher Certificate Economic and Management Science

1

EASTERN CAPE REGION (Total 13)

FIELD OF STUDY

TOTAL

Post Grad Certificate in Security Management

1

Degree in Statistics and Mathematics

1

Commercial Law

1

Psychology

1

Criminal Law

1

BCom Law

1

Diploma in ABET

1

Post Graduate certificate in Education (PGCE)

1

Diploma in Law

2

B.Com: Commercial Law

1

Project Management

1

Community Development

1

GAUTENG REGION (Total 61)

FIELD OF STUDY

TOTAL

Higher Certificate In Education

1

Literally Legum Baccalaureus (LLB)

9

BCom Transport & Logistics

1

Bachelor Of Administration

2

Diploma In Law

1

BA Business Admin

1

Certificate In Law

1

BCom Auditing

1

Master of Law (LLM)

3

Bachelor Of Commerce In Law

1

B.A. (Hons)

1

BA In Supply Chain

1

Bachelor of Commerce (BCom)

4

Computer Science

1

Business Management: Diploma

1

Bachelor of Accounting Science (BCompt)

2

ABET Certificate

1

Diploma Information Technology

1

BA Transport And Logistics

1

ABET Certificate

1

Diploma Safety Management

1

BCom  Generic

1

Hons Business Management

1

Higher Certificate in Law

1

Higher Certificate In Archives & Records

1

Masters Politics

1

Masters In Biblical Archaeology

1

PHD Religious Studies

1

MSC  Degree In Science Of Geology

1

Degree In Community Development

1

Diploma Agriculture Management

1

Diploma Retail

1

Bachelor of Science (BSC)

1

ECom

1

Degree In Administrative Management

1

BA Psychology

1

Master Of Commerce In Business Management (HRM)

1

Psyc /MCom

1

Higher Certificate In Social Work

1

Bachelor Of Accounting Sciences

1

Diploma Mining

1

Certificate Agriculture

1

Diploma In Human Resource

1

Certificate  In Community Journalism

1

Certificate Business Finance

1

Diploma In ABET

1

WESTERN CAPE REGION (Total 32)

FIELD OF STUDY

TOTAL

BCom. (Business Management)

1

Literally Legum Baccalaureus (LLB)

10

Bachelor of Education (Intermediate & Senior Phase)

1

Higher Certificate in ABET

1

Bachelor of Education (FET & Senior Phase)

1

Certificate: Human Resource Management

2

BCom. (Human Resource Management)

1

Hon. Bachelor of Education

1

B.Com Law

1

BA (Human & Social Studies)

1

Certificate: Marketing Management

1

Bachelor of Technology (Btech) Electrical Engineering

1

Diploma in Youth Development

1

Higher Certificate: Tourism Management

1

MSc. (Operations Research)

1

Higher Certificate: Economic & Management Science

1

BA (Communication Science)

1

Certificate: Risk Management

1

Diploma: Public Relations Management

1

BA - Art ( Computer generated media )

1

BA - Art (Health Science and Social Services: Psychological Counseling

1

BsC. Maths + Applied Maths

1

KWAZULU NATAL REGION (Total 82)

FIELD OF STUDY

TOTAL

Economic & Management Science (HC)

4

Program in Early Learning (SC)

3

Bachelor of Education (Degree)

2

Higher Certificate in ABET

9

Bachelor of Theology (Degree)

1

Economics and Management Science (HC)

1

Bcom Marketing (Degree)

3

Extended programme for college of education (Diploma)

1

Political Leadership & Citizen (Degree)

1

Hons Bachelor of Education (Degree)

2

Accounting Sciences (HC)

1

Bachelor of Science (Degree)

1

Literally Legum Baccalaureus (LLB)

5

Master of Education: Education Management and Leadership.

1

Islamic Finance, Banking and Law Programme (Higher Certificate)

)

3

Bible Studies

1

Diploma in Community Development

1

Bachelor of Economics

1

Bachelor of Education Intermediates & Senior Phase

4

Accounting Science

1

Beauty Therapy

1

Creative Writing

1

Safety Management

2

Tourism Management

1

Paralegal Studies

1

Policing

1

Marketing Management

1

Electrical Engineering

2

IT Diploma

1

BA: Disaster & Safety Management

1

Social Work

1

BA: Community Development

1

BCOM Degree

1

BA: Govern Admin & Development

1

BCOM Business Management

1

Psychology

2

Master in Law (LLM)

1

Master of Business Studies

1

Bachelor of education senior phase & FET

5

Business Management

1

B Com Tourism

2

B Com Transport & logistics

1

Diploma Law

1

National Diploma in Marketing

1

Higher certificate law

4

08 October 2018 - NW2562

Profile picture: Carter, Ms D

Carter, Ms D to ask the Minister of Justice and Correctional Services

With reference to the alleged corrupt collusion between the State Attorney’s office and claimants of supposed malpractice in the Health Department, (a) what were the circumstances that resulted in this form of fraud to be committed over a protracted period of time without detection, (b) who should have been exercising oversight and (c) what measures have been put in place to ensure this form of fraud does not happen in future?

Reply:

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

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

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

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

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

08 October 2018 - NW2569

Profile picture: Mulaudzi, Adv TE

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

(a) What is the total number of (i) deputy directors-general and (ii) chief directors that are employed in (aa) an acting and (bb) a permanent capacity in his department and (b) what is the total number of women in each case; 2) (a) what is the total number of (i) chief executive officers and (ii) directors of each entity reporting to him and (b) what is the total number of women in each case?

Reply:

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

Name

a) Total number of (i) and (ii)

b) Total number of Women in each

 

Deputy Directors- General

Chief Directors

Deputy Directors-General

Chief Directors

 

Acting

Permanent

Acting

Permanent

   

DoJ&CD

4

4

2

30

5

15

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

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

and NPA Act, as tabulated below:

Name

a) Total number of (i) and (ii)

b) Total number of Women in each

 

Directors of Public Prosecutions and Special Directors of Public Prosecutions

(NPA Act)

Chief Directors

(Public Service Act)

Directors of Public Prosecutions and Special Directors of Public Prosecutions

(NPA Act)

Chief Directors

(Public Service Act)

 

Acting

Permanent

Acting

Permanent

   

NPA

5

8

3

4

4

3

TABLE 2: Legal Aid South Africa and Special Investigating Unit

Name

a) Total number of (i) and (ii)

b) Total number of Women in each

 

Chief Executive Officers

Executive Directors

Chief Executive Officers

Executive Directors

Legal Aid South Africa

1

15

1

5

Special Investigating Unit

1

7

0

2

Office of the Chief Justice

  1. The responses to question 1 are presented in the table below:
  1. (i) Total Number of Deputy Directors- General

(aa) Number of Deputy Directors General in acting capacity

(bb) Number of Deputy Directors- General in permanent capacity

  1. Number of women in each case
  1. Contract

0

0

  1. (a) DDG- 01

(aa) DDG Acting= 00

(bb)DDG Permanent= 00

  1. (ii) Total Number of Chief Directors

(aa) Number of Chief Directors in acting capacity

(bb) Number of Chief Directors in permanent capacity

  1. Number of women in each case

4 Permanent and 1 Contract

2

4

(aa) Chief Directors Acting= 00

(bb) Chief Directors Permanent

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

Department of Correctional Services:

The information below is as at 05 September 2018:

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

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

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

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

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

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

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

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

2(a)(ii) Not applicable.

2(a)(ii) None.

08 October 2018 - NW2764

Profile picture: Kohler-Barnard, Ms D

Kohler-Barnard, Ms D to ask the Minister of Justice and Correctional Services

(a) What number of prisoners were released in each province over the past three years and (b) of these, how many had their DNA taken before they were released?

Reply:

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

Financial year: 2015/2016

Province

Sentence Expiry

Parole

EASTERN CAPE PROVINCE

1590

1733

FREE STATE PROVINCE

1656

1751

GAUTENG PROVINCE

3992

4371

KWAZULU/NATAL PROVINCE

3328

3847

LIMPOPO PROVINCE

328

334

MPUMALANGA PROVINCE

1042

1124

NORTH WEST PROVINCE

1110

1227

NORTHERN CAPE PROVINCE

553

564

WESTERN CAPE PROVINCE

7483

7840

Financial year: 2016/2017

Province

Sentence Expiry

Parole

EASTERN CAPE PROVINCE

2059

2215

FREE STATE PROVINCE

1851

1947

GAUTENG PROVINCE

5192

5648

KWAZULU/NATAL PROVINCE

4377

4886

LIMPOPO PROVINCE

355

358

MPUMALANGA PROVINCE

1520

1621

NORTH WEST PROVINCE

1488

1617

NORTHERN CAPE PROVINCE

871

882

WESTERN CAPE PROVINCE

10844

11232

Financial year: 2017/2018

Province

Sentence Expiry

Parole

EASTERN CAPE PROVINCE

1863

1962

FREE STATE PROVINCE

1761

1850

GAUTENG PROVINCE

5733

6230

KWAZULU/NATAL PROVINCE

4613

5135

LIMPOPO PROVINCE

342

343

MPUMALANGA PROVINCE

1405

1505

NORTH WEST PROVINCE

1773

1930

NORTHERN CAPE PROVINCE

896

899

WESTERN CAPE PROVINCE

9592

9992

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

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

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

03 September 2018 - NW2313

Profile picture: Mulaudzi, Adv TE

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

(a) What number of labour disputes are currently being faced by (i) his department and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by his department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?

Reply:

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

TABLE 1: Conciliation and Arbitration Disputes

  1. Causes of Disputes
  1. Nature of Disputes
  1. (i) Date Reported
  1. (ii) Date Finalised
  1. Fraud

Unfair Dismissal

2015/05/05

Not Applicable

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/02/24

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/02/20

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/10

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/30

2018/04/23

  1. Employment Benefits

Unfair Labour Practice

2017/12/05

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/12/06

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/12/18

Not Finalised

  1. Discrimination - Employment Equity Act

Unfair Labour Practice

2018/01/19

2018/05/30

  1. Performance Management System

Unfair Labour Practice

2018/01/25

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Fraud

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/06/01

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/10

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/09

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/03

Not Finalised

  1. Theft

Unfair Dismissal

2016/03/07

Not Finalised

  1. Shortlisting

Interpretation & Application

2017/03/06

Not Finalised

  1. Sexual Harassment

Interpretation & Application

2017/10/20

Not Finalised

  1. Grade Progression

Interpretation & Application

2017/10/24

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/22

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/04/03

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/06

Not Finalised

  1. Unfair Treatment

Interpretation & Application

2018/04/13

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/13

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/06/15

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/18

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/21

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/06/22

2018/07/26

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Labour Practice

2016/04/29

Not Finalised

  1. Theft

Unfair Dismissal

2017/01/25

2018/07/01

  1. Terms Of Employment

Unfair Dismissal

2017/06/30

Not Finalised

  1. Leave – Unauthorised

Unfair Labour Practice

2017/10/03

Not Finalised

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Performance Management System

Unfair Labour Practice

2018/02/01

2018/04/04

  1. Promotion

Unfair Labour Practice

2018/04/30

Not Finalised

  1. Victimisation

Unfair Discrimination

2018/07/18

Not Finalised

  1. Fraud

Unfair Dismissal

2015/02/24

2017/04/12

  1. Performance Management System

Unfair Labour Practice

2017/03/09

2018/07/31

  1. Performance Management System

Unfair Labour Practice

2017/03/14

Not Applicable

  1. Fraud

Unfair Dismissal

2017/08/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/08/23

Not Applicable

  1. Corruption

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/04/12

Not Applicable

  1. Abscondment

Unfair Labour Practice

2018/06/28

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/10/27

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/11/03

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/11/17

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/04/26

2018/05/29

  1. Fraud

Unfair Dismissal

2016/10/07

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/03

Not Applicable

  1. Leave – Unauthorised

Unfair Labour Practice

2017/09/11

Not Applicable

  1. Leave – Unauthorised

Interpretation & Application

2017/12/06

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/02

2018/04/30

  1. Promotion

Unfair Labour Practice

2018/01/22

Not Applicable

  1. Theft

Unfair Dismissal

2018/02/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/04/03

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/05/04

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2017/11/20

Not Applicable

  1. Application For Transfer

Unfair Discrimination

2018/06/01

2018/06/13

  1. Collective Agreement - Implementation

Interpretation & Application

2018/06/04

2018/07/30

  1. Bribery

Unfair Dismissal

2018/06/18

Not Applicable

  1. Theft

Unfair Dismissal

2018/06/18

Not Applicable

  1. Pay Progression

Unfair Labour Practice

2018/07/02

Not Applicable

  1. Theft

Unfair Dismissal

2014/07/01

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2016/02/22

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2015/11/28

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2015/06/01

Not Applicable

  1. Theft

Unfair Dismissal

2016/01/11

Not Applicable

  1. Theft

Unfair Dismissal

2016/10/03

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2017/03/20

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/24

Not Applicable

  1. Fraud

Unfair Dismissal

2017/03/10

Not Applicable

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2017/04/10

2018/05/09

  1. Performance

Management System

Unfair Labour Practice

2017/09/20

2018/04/10

  1. Performance

Management System

Unfair Labour Practice

2017/10/16

2018/06/12

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2018/02/26

Not Applicable

  1. Theft

Unfair Dismissal

2018/01/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/01/22

2018/04/11

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2018/01/23

Not Applicable

  1. Theft

Unfair Dismissal

2017/12/22

2018/04/05

  1. Demotion

Unfair Labour Practice

2017/12/15

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/02/19

2018/05/25

  1. Dereliction Of Duties

Unfair Dismissal

2018/02/21

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/03/08

2018/05/25

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/21

Not Applicable

  1. Staff Rotation

Unfair Labour Practice

2018/03/27

2018/06/28

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/15

Not Applicable

  1. Leave – Unauthorised

Unfair Dismissal

2018/05/09

2018/06/18

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Constructive Dismissal

Unfair Dismissal

2018/06/16

2018/07/24

  1. Access To Information

Unfair Discrimination

2018/06/28

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/07/04

Not Applicable

  1. Dismissed For Being Imprisoned

Unfair Dismissal

2018/06/13

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/07/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2015/09/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2014/10/10

Not Applicable

  1. Unilateral Change of

Employment Terms

and Conditions

Unfair Labour Practice

2014/01/22

2018/05/16

  1. Salary Issues

Unfair Labour Practice

2014/02/20

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2013/09/21

2018/04/02

  1. Constructive Dismissal

Unfair Labour Practice

2014/02/18

2018/04/02

  1. Performance

Management System

Unfair Discrimination

2014/09/25

2018/04/02

  1. Salary Upgrade

Unfair Dismissal

2014/08/09

Not Applicable

  1. Promotion

Unfair Dismissal

2016/03/19

Not Applicable

  1. Fraud

Unfair Labour Practice

2014/06/20

2018/05/11

  1. Fraud

Unfair Labour Practice

2012/12/10

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2015/07/30

2018/04/02

  1. Whistle Blowing

Unfair Dismissal

2012/06/24

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2015/06/07

2018/04/02

  1. Salary Upgrade

Interpretation & Application

2014/07/16

Not Applicable

  1. Salary Issues

Unfair Labour Practice

2013/04/21

Not Applicable

  1. Fraud

Interpretation & Application

2015/10/29

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2016/07/15

2018/05/11

  1. Occupation Specific Dispensation Implementation

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Dismissal

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Fraud

Unfair Labour Practice

2016/08/29

2018/04/02

  1. Salary Issues

Unfair Labour Practice

2016/09/15

2018/04/02

  1. Promotion

Unfair Labour Practice

2016/09/08

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/11/08

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2016/11/16

2018/04/02

  1. Temporary Incapacity Leave

Unfair Labour Practice

2016/11/25

Not Applicable

  1. Collective Bargaining

Unfair Labour Practice

2017/01/05

2018/04/02

  1. Severance Package

Unfair Dismissal

2017/02/03

2018/05/02

  1. Performance

Management System

Unfair Labour Practice

2017/03/27

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/04/18

Not Applicable

  1. Degrading Of Post

Unfair Labour Practice

2017/04/21

2018/05/04

  1. Salary Issues

Unfair Labour Practice

2017/06/05

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Contract Employment

– Non Renewal

Unfair Labour Practice

2017/06/08

2018/06/14

  1. Unilateral Change Of

Employment Terms

and Conditions

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/07/25

2018/05/16

  1. Performance

Management System

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Contract Employment

– Termination

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/09/04

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2017/09/18

Not Applicable

  1. Contract Employment –

Termination

Unfair Labour Practice

2017/09/20

Not Applicable

  1. Unfair Suspension

Interpretation & Application

2017/10/03

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2017/10/06

2018/04/02

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Performance

Management System

Unfair Dismissal

2017/11/01

2018/07/24

  1. Salary Upgrade

Unfair Dismissal

2017/11/01

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/11/01

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/11/08

2018/05/22

  1. Performance

Management System

Interpretation & Application

2017/10/18

2018/05/11

  1. Degrading of Post

Interpretation & Application

2017/10/23

2018/07/11

  1. Degrading of Post

Interpretation & Application

2017/11/30

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2017/11/30

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/12/08

2018/05/11

  1. Fraud

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Training Opportunities

for Court Interpreters

Interpretation & Application

2017/12/15

2018/06/25

  1. Performance

Management System

Interpretation & Application

2017/12/15

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/04/03

2018/05/11

  1. Disciplinary Action –

Unfair

Unfair Discrimination

2018/04/03

2018/05/10

  1. Salary Issues

Unfair Labour Practice

2018/05/04

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/05/11

2018/05/11

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Occupation Specific

Dispensation

Implementation

Unfair Dismissal

2018/05/11

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2018/05/11

Not Applicable

  1. Training Opportunities

For Court Interpreters

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Performance

Management System

Interpretation & Application

2018/05/11

2018/07/18

  1. Temporary Incapacity

Leave

Unfair Dismissal

2018/05/11

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/11

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2018/05/15

Not Applicable

  1. Performance

Management System

Interpretation & Application

2018/05/18

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/29

Not Applicable

  1. Disciplinary Action –

Procedure

Unfair Labour Practice

2018/06/05

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/06/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Interpretation & Application

2018/07/04

Not Applicable

  1. Promotion

Unfair Dismissal

2018/07/10

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/07/20

Not Applicable

  1. Promotion

Interpretation & Application

2018/07/25

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2018/07/26

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/07/26

2018/07/27

  1. Reporting Lines

Unfair Dismissal

2016/12/08

2018/05/03

  1. Poor Performance

Unfair Dismissal

2017/06/12

Not Applicable

  1. Dishonesty

Unfair Dismissal

2017/09/08

Not Applicable

  1. Contract Employment –

Termination

Unfair Dismissal

2018/02/28

Not Applicable

  1. Unfair Labour Practice

Unfair Labour Practice

2018/01/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/12

2016/09/02

  1. Contract Employment –

Termination

Unfair Dismissal

18/10/2015

2017/12/19

  1. Salary Issues

Unfair Labour Practice

15/10/2015

2016/07/28

  1. Fraud

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Salary Issues

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Discrimination

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Application For Transfer

Unfair Labour Practice

2014/12/13

2015/03/20

  1. Unfair Suspension

Unfair Labour Practice

2013/03/31

2017/03/31

  1. Promotion

Unfair Dismissal

2014/04/13

2015/08/21

  1. Corruption

Unfair Dismissal

2015/06/11

2017/07/11

  1. Unfair Suspension

Unfair Labour Practice

2013/11/03

15/07/2017

  1. Corruption

Unfair Dismissal

2015/03/12

2016/03/31

  1. Theft

Unfair Dismissal

2016/02/01

2016/08/31

  1. Unfair Suspension

Unfair Labour Practice

2018/03/12

2018/06/15

  1. Salary Upgrade

Unfair Labour Practice

2013/06/03

2013/12/11

  1. Salary Upgrade

Unfair Labour Practice

2014/07/12

2015/04/18

  1. Salary Upgrade

Unfair Labour Practice

2015/08/14

2015/11/12

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Corruption

Unfair Dismissal

2013/05/16

2015/09/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Fraud

Unfair Dismissal

2014/06/01

2014/09/24

  1. Salary Upgrade

Unfair Dismissal

2015/06/08

2018/10/15

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2015/05/04

2015/11/15

  1. Leave – Unauthorised

Unfair Labour Practice

2013/03/11

2013/09/14

  1. Discrimination

Unfair Dismissal

2013/06/13

2013/11/28

  1. Dishonesty

Unfair Dismissal

2016/07/31

2018/08/21

  1. Disclosure Of

Information

Unfair Labour Practice

2016/03/16

2016/06/21

  1. Salary Upgrade

Unfair Labour Practice

2017/09/17

2017/12/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2012/11/12

2013/02/11

  1. Harassment

Unfair Labour Practice

2013/12/11

2016/02/17

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2017/10/15

2017/11/21

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/12/04

2018/03/31

  1. Housing Allowance

Unfair Dismissal

2015/07/12

2017/07/15

  1. Negligence

Unfair Dismissal

2016/03/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/06/18

Not Applicable

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/05/06

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/08/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/07/11

Not Applicable

  1. Fraud

Unfair Dismissal

2016/08/02

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2012/09/01

Not Applicable

  1. Fraud

Unfair Dismissal

2014/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2018/04/16

Not Applicable

  1. Constructive Dismissal

Unfair Labour Practice

2016/11/07

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2018/06/08

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2015/08/16

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2018/05/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/07/11

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2016/10/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/07

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2017/09/12

Not Applicable

  1. Negligence

Unfair Dismissal

2017/10/03

Not Applicable

  1. Assault

Unfair Dismissal

2014/04/18

Not Applicable

  1. Corruption

Unfair Dismissal

2018/03/08

Not Applicable

TABLE 2: Labour Court Disputes

Nature Of Dispute

Causes Of Dispute

Date Reported

Date Finalised

  1. Unfair Dismissal

Theft

2013/03/13

Not Finalised

  1. Unfair Dismissal

Promotion

2012/08/30

Not Finalised

  1. Unfair Dismissal

Theft

2015/04/01

Not Finalised

  1. Unfair Dismissal

Theft

2015/11/04

Not Finalised

  1. Unfair Dismissal

Theft

2015/06/01

Not Finalised

  1. Unfair Dismissal

Theft

2013/10/14

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2010/02/07

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2010/10/20

//

  1. Unfair Dismissal

Leave – Unauthorised

2012/05/22

//

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2012/07/16

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2012/06/18

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/07/19

2018/04/02

  1. Unfair Dismissal

Fraud

2012/06/05

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/06/05

2018/04/02

  1. Unfair Dismissal

Contract Employment – Non Renewal

2012/12/21

2018/04/02

  1. Unfair Labour Practice

Abscondment

2013/05/23

2018/04/02

  1. Unfair Labour Practice

Salary Issues

2014/07/04

Not Finalised

  1. Unfair Labour Practice

Salary Issues

2014/11/18

2018/04/02

  1. Unfair Labour Practice

Unfair Suspension

2014/06/19

2018/04/02

  1. Unfair Labour Practice

Leave – Unauthorised

2014/06/11

Not Finalised

  1. Interpretation & Application

Salary Upgrade

2015/01/24

2018/04/02

  1. Unfair Labour Practice

Disciplinary Action – Unfair

2015/03/15

2018/04/02

  1. Unfair Labour Practice

Promotion

2013/06/24

2018/04/02

  1. Unfair Dismissal

Violation Of Procurement Procedures

2016/05/17

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/07/06

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2015/07/10

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/08/12

Not Finalised

  1. Unfair Dismissal

Poor Performance

2017/01/18

Not Finalised

  1. Unfair Dismissal

Contract Employment – Termination

2017/01/25

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/01/25

2018/04/02

  1. Unfair Labour Practice

Unfair Conduct By Employer

2017/04/25

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/25

Not Finalised

  1. Unfair Dismissal

Fraud

2017/06/05

Not Finalised

  1. Interpretation & Application

Contract Employment – Non Renewal

2017/07/25

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/08/24

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/08/24

2018/04/02

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/09/04

Not Finalised

  1. Unfair Dismissal

Fraud

2017/10/06

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2018/04/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Dismissal

Abscondment

2013/03/13

Not Finalised

  1. Unfair Dismissal

Corruption

2012/08/30

Not Finalised

  1. Unfair Dismissal

Abscondment

2015/04/01

Not Finalised

  1. Unfair Dismissal

Corruption

2015/11/04

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2015/06/01

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2017/10/31

Not Finalised

  1. Unfair Dismissal

Theft

2018/03/31

2018/03/31

  1. Unfair Dismissal

Abscondment

2017/12/07

Not Finalised

  1. Unfair Dismissal

Abscondment

2017/10/06

2018/06/20

  1. Unfair Dismissal

Abscondment

2016/02/17

Not Finalised

  1. Unfair Dismissal

Negligence

2017/07/31

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/03/31

2018/06/18

  1. Unfair Dismissal

Theft

2016/02/04

2017/12/12

  1. Unfair Dismissal

Theft

2016/07/31

Not Finalised

  1. Unfair Dismissal

Corruption

2014/12/08

2018/04/02

  1. Unfair Dismissal

Theft

2014/08/31

2018/04/02

  1. Unfair Dismissal

Fraud

2016/03/15

2016/12/15

  1. Unfair Dismissal

Nepotism

2015/07/16

2017/10/15

  1. Unfair Labour Practice

Sexual Harassment

2017/07/31

2015/10/25

  1. Unfair Dismissal

Abscondment

2015/06/16

2016/10/20

  1. Unfair Labour Practice

Promotion

2015/08/13

2018/05/15

  1. Unfair Dismissal

Promotion

2014/08/14

2014/09/15

  1. Unfair Dismissal

Contract Employment – Non Renewal

2013/05/19

2015/12/04

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

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

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

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

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

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

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

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

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

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

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

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

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

  1. National Prosecuting Authority

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

Table A: Conciliation and Arbitration Disputes

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Unfair labour practice - Benefits

Performance Bonus

04/12/2014

The matter was postponed. Awaiting a new date of arbitration.

Unfair Dismissal

Dismissal - misconduct

08/07/2007

No award received from BC. The matter has to be set down for reconstruction.

Unfair dismissal

Dismissal - misconduct

19/08/2014

Awaiting ruling of commissioner

Unfair labour practice - benefits

Failure to translate to LP 10

15/03/2017

The Applicants indicated that they want the matter postponed as the have a similar dispute at labour court and is awaiting the labour court outcome. The commissioner postponed the matter sine die.

Unfair dismissal dispute

Dismissal - Misconduct

21/04/2017

Awaiting new set-down.

Unfair Labour Practice - Benefits

Performance Bonus

25/07/2017

Waiting for condonation application.

Unfair Labour Practice – Promotion

Employee not appointed in promotional post

03/10/2017

Joinder ruling received. Awaiting date for arbitration to proceed.

 

Unfair Dismissal

Dismissal - Misconduct

10/11/2017

The matter is set-down to proceed on 27-28 August 2018.

Unfair Labour Practice

Performance Bonus

06/11/2017

Ruling in favour of NPA. Matter successfully finalised.

Unfair dismissal – S 186 – failure to renew fixed term contract

Non-renewal of fixed term contract

30/11/2017

Matter set-down for 20 August 2018.

Unfair labour practice - Benefits

Performance bonus

06/12/2017

The matter has to be set-down for arbitration.

Unfair labour practice - Benefits

Performance bonus

06/12/17

Ruling in favour of NPA. Matter successfully finalised.

Unfair labour practice – benefits

Salary was corrected in terms of S38 of the PSA

17/01/2018

Set down for 30 August 2018

Unfair labour practice - benefits

Performance Bonus

31/01/2018

Waiting for arbitration date.

 

Interpretation & Application

Resolution 7 of 2000 read with the Pilir Policy – non-approval of Temporary Incapacity leave

16/04/18

The matter went for arbitration on 13 August 2018.

Unfair labour practice - Benefits

Performance bonus

16/04/18

Matter referred to arbitration on 11 June. Awaiting set-down.

Unfair labour practice – Benefits

Performance Bonus

30/4/2018

Awaiting arbitration date.

Unfair labour practice – Benefits

Performance Bonus

07/06/2018

Condonation not granted. File Closed. Matter finalised.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Arbitration set-down for 14 September 2018.

Interpretation & Application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

08/06/2018

Awaiting date for conciliation.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Awaiting date of arbitration.

Unfair dismissal

Dismissal - misconduct

21/06/2018

Awaiting date for conciliation.

Interpretation & Application

Resolution 5 of 2014 – bonus for improved qualification not paid

26/07/2018

The matter was withdrawn

Unfair Dismissal

Discharge due to Ill Health

27/07/2018

Awaiting date of conciliation

Dismissal

Dismissal – misconduct

06/06/2017

Awaiting new date of set down of arbitration.

Unfair Labour Practice - Promotion

The employee was not appointed in promotional post

21/08/2017

Awaiting new date of set down for arbitration.

Dismissal

Dismissal - misconduct

19/09/2017

Awaiting new date of set down for arbitration.

Unfair Labour Practice - Benefits

Performance Bonus

20/10/2017

The matter did not proceed on 11 July 2018 due to the unavailability of the Commissioner. Awaiting new date of set down.

Unfair Labour Practice- Benefits

Performance Bonus

02/11/2017

Memo to settle the dispute has been prepared.

Unfair Dismissal

Dismissal Misconduct

01/12/2017

Awaiting award from the Commissioner.

Unfair Labour Practice - Benefits

Performance Bonus

09/03/2018

Matter set down for 18 September 2018.

Constructive dismissal

Resignation

19/04/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

03/04/2018

The matter has been adjourned for 15-17 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

04/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Labour Practice - Benefits

Performance Bonus

14/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

14/02/2017

Awaiting arbitration award from Council.

Interpretation and application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

26/09/2017

Awaiting ruling from the PSCBC.

Unfair Labour Practice - Benefits

Performance Bonus

01/10/2017

Matter proceeded on 19 to 20 July 2018. Parties decided to settle. Matter finalised.

Unilateral change to terms and conditions of employment (Section 64(4)

Salary Issue

23/01/2018

On 26 July 2018, a ruling was issued that the Council does not have jurisdiction to arbitrate dispute concerning unilateral change to terms and conditions of employment. Applicant was advised on 09 March 2018 to refer the matter to Labour Court. Matter Finalised.

Unfair labour practice – benefits

Performance Bonus

19/01/2017

The arbitration did not proceed as the Applicant dismissed her representative and requested that the matter be postponed. The Applicant will request transcripts from the Council. The matter was postponed sine die.

Interpretation & Application

Performance Bonus

05/03/2018

Arbitration set down for 27 August 2018.

Unfair Labour Practice- Benefits

Performance Bonus

29/05/2018

Parties agreed that the matter will commence on 26 September 2018.

Unfair Labour Practice

Matter of mutual interest

29/06/2018

The conciliation was set down for 29 June 2018. The conciliation was part-heard and the Applicant requested extension based on timeframe.

Unilateral change to terms and conditions of employment

Salary Issue

08/07/2018

The matter was conciliated.

Unfair dismissal

Dismissal - misconduct

06/07/2018

Awaiting for condonation ruling.

Unfair Labour Practice - Benefits

Performance Bonus

02/07/2018

Awaiting for a set down date for arbitration

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Table B: Labour Disputes – Labour Court/High Court

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Review of arbitration award

Labour Court

Claim of unfair dismissal

23/04/2009

Pending

 

Labour Court – Application for review

Application for review – award to be reviewed and set aside and for matter to be referred back for adjudication.

22/08/2012

Pending

Application for review- Labour Court

The applicant seeks to review the award in which the respondent was reinstated.

26/04/2017

Pending

Review

Labour Court

The employer to review its decision to award the COL for members of SMS

08/08/2017

Pending

Review

Labour Court

Review of condonation ruling

20/03/2018

Pending

Review

Labour Court

Application for review

05/06/2018

Pending

Application

Labour Court

Appointment as a Special Investigator Level 3 (Rank of Superintendent in SAPS)

28/09/2009

Pending

Application

Labour Court

Claim of unfair labour practice relating to retrospective JE-upgrades

Retrospective upgrades sought

19/12/2008

Pending

Labour Court

Unfair dismissal

Re-instatement

10/07/2014

Pending

Labour Court

ULP, Appointment

03/04/2017

Pending

Labour Court

Promotion

21/05/2018

Pending

Labour Court

Unfair Labour Practice

25/07/2014

Pending

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

Financial Year

No. of Employees Dismissed

Reasons for Dismissal

No. of Employees paid Severance Packages

Severance Package Amount Paid

2018/19

16

  1. Abscondment = 4 cases
  1. Corruption = 1 case
  1. Fraud = 3 cases
  1. Insubordination = 1 case
  1. Negligence = 1 case
  1. Theft = 1 cases
  1. Unauthorised Absence = 3 cases
  1. Unethical Behaviour = 2 cases

Nil

Nil

2017/18

50

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2016/17

56

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2015/16

70

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2014/15

68

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2013/14

96

  1. Abscondment = 14 cases
  1. Abuse of Leave = 6 cases
  1. Assault = 3 case
  1. Bribery = 2 cases
  1. Corruption = 10 cases
  1. Dishonesty = 3 cases
  1. Fraud = 19 cases
  1. Insubordination = 5 case
  1. Mismanagement of Funds = 1 case
  1. Loss of State Money = 1 case
  1. Negligence = 4 cases
  1. Theft = 20 cases
  1. Unauthorised Absence = 4 cases
  1. Unethical Behaviour 4 cases

Nil

Nil

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

a. SIU

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

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

b. Legal Aid SA

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

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

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

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

c. National Prosecuting Authority

No. of Employees Dismissed

Reason For Dismissal

Appeal

Dismissal Confirmed on Appeal

35

  1. Giving false information

No

Not Applicable

 
  1. Withdrew Criminal matters without following correct procedure

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Absenteeism

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

No

Not Applicable

 
  1. Usage of petrol card

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Bringing the NPA into disrepute

Yes

Yes

 
  1. Corruption

No

Not Applicable

 
  1. Bringing the name of the NPA in disrepute

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Irregular expenditure

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

Yes

Yes

 
  1. Assault

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

No

Not Applicable

 
  1. Gross Dishonesty

Yes

Yes

 
  1. Withdrew Criminal matters without following correct procedure/ failed to reinstate prosecution when instructed to do so

Yes

Yes

 
  1. Soliciting Bribe

Yes

Yes

 
  1. Sexual harassment

Yes

Yes

 
  1. Gross Dishonesty

Yes

yes

 
  1. Corruption

Yes

Yes

 
  1. Abscondment

No

Not Applicable

 
  1. Dishonesty – soliciting a bribe

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Abscondment – S 17 termination

No

N/A

 
  1. Dishonesty

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Abscondment

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Corruption

Yes

Yes

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

from the reasons for dismissal.

03 September 2018 - NW2239

Profile picture: Kohler-Barnard, Ms D

Kohler-Barnard, Ms D to ask the Minister of Justice and Correctional Services

Why was CAS 115/08/2015 that was opened at the Port Shepstone Police Station closed by the National Prosecuting Authority?

Reply:

The National Prosecuting Authority has informed me that the case opened at the Port Shepstone Police Station with case no. CAS 115/08/2015 has not been closed. The matter is still under investigation. The delay in finalising the investigation is due to the outstanding DNA results.

Additionally, the DNA samples had to be submitted because no DNA test was initially conducted on the deceased using a sample taken from the deceased’s son for comparison.

 

 

18 June 2018 - NW1736

Profile picture: Mulder, Dr PW

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

Whether all members of the senior management service (SMS) in his department had declared their interests for the past year as required by the Public Service Regulations; if not, (a) why not, (b) how many of the specified members did not declare their interests and (c) what are the (i) names and (ii) ranks of the specified noncompliant members of the SMS; (2) whether noncompliant SMS members have been charged; if not, why not; if so, what are the relevant details; (3) what number (a) of employees in his department at each post level are currently suspended on full salary and (b) of the specified employees at each post level have been suspended for the specified number of days (details furnished); (4) what is the total amount of cost attached to the days of service lost as a result of the suspensions in each specified case?

Reply:

1. 146 members of the senior management service (SMS) had declared their interests for the past year (2017/18 financial year) as required by the Public Service Regulations of 2016. Only five (5) out of 151 SMS members appearing on the February 2018 Departmental Persal report did not disclose their financial interests. All five (5) SMS members have either retired, resigned or contract expired. Their names are indicated in the table below:

(i) Rank

Reason

Chief Director

Retirement (31/03/2018)

Chief Director

Resigned (31/03/2018)

Chief Director

Retirement (31/03/2018)

Director

Retirement (30/04/2018)

Director

Contract expired (31/03/2018)

2. The above SMS members have not been charged since they have either retired, resigned or contract expired.

3. None.

4. None.

Office of the Chief Justice

1. All members of the senior management service (SMS) in the Office of the Chief Justice (OCJ) had declared their interests for the past year as required by the Public Service Regulations.

2. Not applicable, as all members of the senior management service (SMS) complied with the Regulations.

3. None.

4. Not applicable.

18 June 2018 - NW1824

Profile picture: Gqada, Ms T

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

(Whether (a) his spouse and/or (b) an adult family member accompanied him on any official international trip (i) in each of the past five financial years and (ii) since 1 April 2018; if not, what is the position in this regard; if so, what (aa) is the name of the person(s), (bb) was the (aaa) purpose and (bbb) destination of the trip and (cc) was the (aaa) total cost and (bbb) detailed breakdown of the costs of the accompanying person(s) to his department; (2) whether each of the specified trips were approved by the President in terms of the provisions of Section 1, Annexure A of the Ministerial Handbook; if not, why not; if so, what are the relevant details?

Reply:

  1. No, I have never travelled on any official international trip with a spouse or family member.
  2. Not applicable

28 May 2018 - NW1366

Profile picture: Mulaudzi, Adv TE

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

(1)Does his department offer Adult Basic Education and Training (ABET) at Medium C Johannesburg Correctional Services Centre; (2) Did his department receive applications from certain persons (names and details furnished) to register for ABET; if not, what steps must be taken for the specified persons to receive ABET; if so, why has the specified person’s request been ignored?

Reply:

It should be noted that the most widely used term for literacy and compensatory education for adults was adult basic education and training (ABET) and was defined as the general conceptual foundation towards lifelong learning and development.

After 2000 the term changed to Adult Education and Training (AET) and word “ basic”  was removed altogether as AET  led to a qualification called General Education and Training Certificate (GETC) with exit level of AET Level 4 which is equivalent to Grade 9. Correctional Services is offering AET and not ABET.

1. No, Johannesburg Correctional Centre C does not offer ABET programme.

2. (a) Prisoner number 210294827- No application received.

(b) Prisoner number 207140220- no application received.

(c) Prisoner number 212291898- No application received.

As standard procedure all offenders go through an assessment to determine if they are eligible to participate in educational programmes. If they are found eligible then offenders are given an opportunity to apply and participate, as the educational programmes are voluntary.

The three offenders were assessed on 01 December 2017 and were found eligible. They were then expected to make applications in this regard in order to receive AET. I am informed there were no applications received from offenders. 

18 May 2018 - NW1150

Profile picture: Selfe, Mr J

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

(1)What is the (a) nature and (b) current status of the settlement agreement, Resolution 1/2016, which was entered into between the Department of Correctional Services and trade unions in November 2016; (2) (a) what payments (i) have been made and (ii) are scheduled to be made to beneficiaries in terms of the specified resolution and (b) in each case, what is the (i) date and (ii) total amount in Rand of the payments; (3) (a) by what date does he expect to have fulfilled all the terms of the specified agreement and (b) what are the relevant details of his plans in this regard?

Reply:

(1)(a) I have been advised that the nature of the Settlement Agreement is to address the outstanding matters connected with the Correctional Officials Occupational Specific Dispensation (OSD) 2nd Phase experience recognition for the production salary levels 03 to 08 that emanated from General Public Service Sectoral Bargaining Council (GPSSBC) Resolution 2 of 2009.

(b) The collective agreement allows for a multi-year implementation of back pay amounts. The Department has already paid 17% of the back pay amount owed to fourteen thousand two hundred and ninety (14290) qualifying correctional officials, and 6% back pay amounts to twelve thousand three hundred and sixty five (12365) qualifying correctional officials respectively. With regard to the six thousand three hundred and six (6306) qualifying correctional officials who terminated services, the Department has initiated an audit to determine the debt owed to them in relation to the OSD Departmental Bargaining Chamber settlement agreement. To date a total of three thousand two hundred and seven cases (3207) have been audited and submitted for payment. The agreed 4% payments which are due in the 2018/2019 financial year for both serving and terminated officials are scheduled for payment during the 2nd quarter starting July 2018 of the current financial year.

(2)(a):

(i) The 17% owed to qualifying officials plus 6% of the staggered payments have been paid.

(ii) 4% payments are scheduled to be made to serving officials during the 2nd quarter of the current financial year (2018/2019).

27% (17% + 6%+ 4%) payments are scheduled to be made to ex officials during the 2nd quarter of the current financial year (2018/2019).

(2)(b):

(i) The 17% payments were made during June 2017 and October 2017.

6% payments were made during February 2018.

4% to serving officials as well as 27% to ex-officials are scheduled to be paid during the 2nd quarter of the current financial year (2018/2019).

(ii) R57, 463 574.00 already paid to serving officials.

An estimated amount of R71 million is to be paid to both serving and ex-officials (4% for serving officials and 27% to ex-officials back log).

(3)(a) As agreed in the Settlement Agreement it is expected to conclude this matter not later than 31st March 2020.

(b) Utilisation of a task team to oversee payments centrally on a continuous basis and assist/guide regions with all relevant administrative processes to conclude the remaining 3% payments in the 2019/2020 financial year.

11 May 2018 - NW1280

Profile picture: Carter, Ms D

Carter, Ms D to ask the Minister of Justice and Correctional Services

(1) With regard to the project undertaken by the SA Law Commission in 1998 at the behest of the former President, Mr Nelson R Mandela, into end-of-life-decisions that, following extensive consultation, resulted in the compilation of a draft Bill on end-of-life-decsions that was presented to the executive, but never acted upon, why was the specified draft Bill never processed any further; (2) whether he intends to revise and re-introduce the draft Bill; if not, why not?

Reply:

1.. The South African Law Commission (as it then was) submitted its report on euthanasia and artificial preservation of life (which included the Bill on end of life decisions) to the former Minister of Justice, AM Omar, in terms of section 7(1) of the South African Law Commission Act, 1973. He, in turn, referred the report to the then Minister of Health, Dr NCD Zuma, for her attention on 15 June 1999.

Minister Omar’s recommendation to the Minister of Health reads as follows:

“The sections of the Bill dealing with the cessation of treatment, palliative care and living wills are of vital importance to the medical profession and patients and I realise that their enactment should not be unnecessarily delayed. However, in order to ensure public participation on the question whether provision should be made for active euthanasia and if so, on what basis, I would like to recommend for your consideration that an appropriate ad-hoc select committee of Parliament be appointed to consider the issue of active euthanasia as set out in section 5 of the Bill.”

2. No, this matter is within the competence of the Minister of Health.

11 May 2018 - NW1177

Profile picture: Horn, Mr W

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

With regard to his reply to question 2714 on 16 January 2017, (a) what steps will he take to ensure that the correct authority within his department actually carries out the instructions of the court and (b) by what date?

Reply:

The Judge will only grant an order/deliver judgment after considering the application or evidence, depending on the nature of the proceedings. In Civil Matters, the order will be made available to all parties after it has been granted. It is the responsibility of the party seeking the relief to ensure that the order is enforced.

Therefore, the Office of the Chief Justice is not the correct authority to implement the court order. The reply to question 2714 of 16 January 2017 still stands.

04 May 2018 - NW1217

Profile picture: Carter, Ms D

Carter, Ms D to ask the Minister of Justice and Correctional Services

Whether marriage officers employed by the Department of Justice solemnise same-sex marriages in terms of the Civil Union Act, Act 17 of 2006; if so, what is the total number of officers who have been exempted in terms of section 6 of the specified Act from solemnising same-sex marriages?

Reply:

I wish to inform the Honourable Member that the Department of Justice and Constitutional Development does not employ marriage officers.

In terms of the applicable legislation (The Marriage Act and the Civil Union Act), every magistrate shall by virtue of his or her office be a marriage officer for the district or area for which he or she holds office. Magistrates are therefore ex officio marriage officers. Magistrates solemnise same- sex marriages as and when required to do so. All judicial officers are in terms of section 174(8) of the Constitution of the Republic of South Africa, 1996, required to take an oath or affirm that they will uphold and protect the Constitution. I am not aware of any magistrate requesting an ‘exemption’.

In terms of section 6 of the Civil Union Act the responsible Minister for marriage officers to lodge and objection on the grounds of conscience, religion and belief to solemnising a civil union between persons of the same sex is the Minister of Home Affairs. I would therefore suggest that the Honourable Member approach the Minister of Home Affairs in this regard.

23 March 2018 - NW718

Profile picture: Mokgalapa, Mr S

Mokgalapa, Mr S to ask the Minister of Justice and Correctional Services

Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were(i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?

Reply:

1. The Department of Justice and Constitutional Development has a policy and procedure on sexual harassment in place, which came into effect in 2008 and was reviewed in 2015 to ensure compliance with the Policy and Procedure on the Management of Sexual Harassment of the Department of Public Service and Administration (DPSA).

(i) Reports/cases are investigated by a Committee which is established in terms of the departmental policy and procedure, and which is constituted by officials from the following components within the Department:

  1. Employee Relations;
  2. Employment Equity; and
  3. Change Management and Gender Unit.

(ii) Details of the consequence management and sanctions stipulated by the policy are:

  1. Counseling;
  2. Verbal warning;
  3. Written warning;
  4. Final written warning;
  5. Suspension without pay;
  6. Demotion (as an alternative to dismissal);
  7. Dismissal; and
  8. Change Management.

2. (a) Total number of incidents of sexual harassment that have been reported in the Department of Justice and Constitutional Development are as follows:

(i) In each of the past three financial years:

  • 2014/15       :       Five (5) cases were reported
  • 2015/16       :       One (1) case was reported
  • 2016/17       :       One (1) case was reported

(ii) From 01 April 2017: Three (3) cases were reported

(b) The number of cases that were:

(i) Opened and concluded:

  • 2014/15       :    Five (5) cases were opened, of which three (3) were concluded
  • 2015/16       :    One (1) case was opened and two (2) cases were carried over from previous financial year. The two (2) cases concluded during this financial year were those carried over from previous financial year.
  • 2016/2017  :    One (1) case was opened and one (1) case was carried over from previous financial year making, of which both cases were concluded.
  • From 01 April 2017: Three (3) cases were opened, with two (2) cases   concluded.

(ii) Withdrawn:

  • 2014/15                   :      Zero (0) cases
  • 2015/16                   :      One (1)  case
  • 2016/17                   :      One (1)  case
  • From 01 April 2017:     Two (2) cases

(iii) Remained Open, based on incidents:

  • 2014/15                   :      Two (2) cases (carried over to next financial year)
  • 2015/16                   :      One (1)  case (carried over to next financial year)
  • 2016/17                   :      Zero (0) cases
  • From 01 April 2017:     One (1)  case

(c) Sanctions issued for each person who was found to have been guilty:

  • 2014/15       :    From the three (3) cases finalised, three (3) employees were found guilty and a sanction of Suspension without pay was imposed.
  • 2015/16       :    From the two (2) cases finalised, one (1) employee was found guilty and a sanction of Suspension without pay was imposed, and one (1) case was withdrawn after the parties agreed on a settlement - deemed closed and finalised.
  • 2016/17       :    From the two (2) cases finalised, one (1) employee was found guilty and a sanction of Suspension without pay was imposed, and one (1) case was withdrawn/closed due to a lack of evidence - deemed closed and finalised.
  • From 01 April 2017:   Two (2) finalised cases were withdrawn, as there was lack of cooperation by the one complainant and the other case was concluded informally - deemed closed and finalized.

(a) The Department of Correctional Services is in process of finalizing the Policy on the Prevention and Management of Sexual Harassment in the Department. The draft policy was consulted widely with recognized labour unions and employees.

The Department of Public Services and Administration Sexual harassment Policy for the Public Service is used as the mandating policy Framework.

(b)   Assaults are regulated by the Correctional Services Act 111 of 1998 under Code of Conduct of acts of Misconduct

(i) Procedure Followed

  • After a sexual harassment complaint is lodged by a complainant, an investigator is appointed by the employer to investigate the incident in line with the disciplinary code of the department.
  • After appointing the investigator, sexual harassment investigations must be finalized within 30 days.
  • Should the stipulated 30 days lapse before an investigation of a sexual harassment case in conducted by the investigator, the complaint should be consulted with request for an extension of up to a maximum of 14 days to conclude the case.
  • In an event that more time is required to conclude the investigation, reasonable exceptional circumstance should be clearly stated by the investigator, with substantive reasons to ensure a balance between fairness and flexibility.
  • Each request should be treated on merit.
  • Consent by the complainant(s) to grant an extension should not be unreasonably withheld.
  • A Sexual Harassment Committee has been appointed in line with the DPSA Policy and departmental policy. The Committee ensures that reported cases are brought to the attention of the National Commissioner and are investigated. Follow up is also conducted by the `Committee`

(ii) Consequences management

  • The Department of Correctional Services policy statement and disciplinary consequences of sexual harassment both state that, sexual harassment incidents may lead to a dismissal.
  • The following sanctions, depending on the nature and seriousness of the sexual harassment incident, made be imposed on an alleged perpetrator if found guilty:
  1. Counselling
  2. Verbal warning
  3. Written warning valid for six months
  4. Final written valid for six months
  5. Suspension with or without pay (not exceeding three months)
  6. Demotion/ Dismissal

The above sanctions are contained in the Department`s Disciplinary Code and Procedure and also inform sanctions entailed in the policy.

(2) (a) The total number of sexual harassment cases are as follows:

 

 

SEXUAL HARASMENT

Incident

2014/2015

2015/2016

2016/2017

Since 1 April 2017

Opened and concluded

5

5

7

3

Withdrawn

 

1

1

0

Sanctions

 

 

 

 

Corrective Counselling

 

0

0

0

Final Written Warning

3

0

2

0

Suspension without Salary

1

2

0

0

Dismissal

 

0

0

1

Acquittal

 

2

4

0

 

a) The total number of assault incidents are as follows:

 

 

ASSUALTS

Incidents

2014/2015

2015/2016

2016/2017

Since April 2017

Opened and concluded

145

109

51

77

Withdrawn

60

16

5

6

Sanctions

 

 

 

 

Corrective Counselling

12

5

13

10

Verbal warning

11

20

8

10

Written Warning

15

22

17

13

Final Written Warning

18

12

4

5

Suspension Without Salary

4

9

1

5

Dismissal

1

4

0

10

Acquittal

24

21

3

18

05 December 2017 - NW3576

Profile picture: Majola, Mr F

Majola, Mr F to ask the Minister of Justice and Correctional Services

(a) What is the total number of supplier invoices that currently remain unpaid by (i) his department and (ii) each entity reporting to him for more than (aa) 30 days, (bb) 60 days, (cc) 90 days and (dd) 120 days and (b) what is the total amount outstanding in each case?

Reply:

In response to the question on unpaid invoices, the Department of Justice and Constitutional Development (DoJ&CD), National Prosecuting Authority (NPA), Legal Aid South Africa, and Special Investigating Unit (SIU)have informed me as follows:

A. DoJ&CD:

a) For the reporting period ended on 30 October 2017, the Department of Justice and Constitutional Development had 22 valid invoices outstanding (Not paid within 30 days) broken down as follows:

a) 30 days: 5 invoices

b) 60 days: 6 invoices

c) 90 days: 1 invoice

d) 120 days: 10 Invoices

b) The total value of the above invoices is R15,816.82 broken down as follows:

aa) 30 days: R2 322.94

bb) 60 days: R2 672.94

cc) 90 days: R422.94

dd) 120 days: R10 398.00

B. Legal Aid SA:

a) The total number of invoices that are unpaid as at 3 November 2017 for Trade and Judicare Suppliers (private lawyers) are reflected according to ageing in Table 1 below:

Table 1:

Number of Invoices

Ageing

Trade

Judicare

Total

30

11

39.3%

25

49.0%

36

45.6%

60

0

0.0%

3

5.9%

3

3.8%

90

1

3.6%

12

23.5%

13

16.5%

120

2

7.1%

1

2.0%

3

3.8%

120+

14

50.0%

10

19.6%

24

30.4%

 

28

100.0%

51

100.0%

79

100.0%

b) The total value of unpaid invoices for Trade Suppliers and Judicare Suppliers as at 3 November 2017, in the different ageing categories, are reflected in Table 2 below:

Table 2:

Value of Invoices in Rands

Ageing

Trade

Judicare

Total

30

113,407

75.0%

354,670

67.3%

468,077

69.0%

60

0

0.0%

22,325

4.2%

22,325

3.3%

90

34,325

22.7%

83,949

15.9%

118,274

17.4%

120

225

0.1%

1,798

0.3%

2,023

0.3%

120+

3,202

2.1%

64,011

12.2%

67,213

9.9%

 

151,158

100.0%

526,753

100.0%

677,911

100.0%

It should be noted that invoices that are unpaid for longer than 30 days are as a result of queries that need to be resolved by the supplier. In the main, the banking details of affected suppliers are incorrect and thus payments are rejected. Legal Aid SA is still awaiting appropriate responses from the suppliers.

C) SIU:

The SIU did an analysis of all invoices outstanding at the end of 30 September 2017 which was the last reporting date of the entity before the question from the National Assembly.

The table below reflects the ageing of supplier balances at reporting date:

Comments:

The SIU had a total outstanding balance to suppliers of R9,1 million at the end of September 2017 of which 77% was outstanding for 30 days or less. The remaining balance of 23% is mainly due to the following factors:

  1. R700K – Dispute with landlord on water and lights billing without apportionment of costs on tenant shared premises using meter reading as per contractual agreement. All the invoices outstanding for 62 days and more are related to this supplier. Lease rental costs are settled monthly except for the disputed amount. The SIU is in the process of resolving the issue with the landlord.
  2. R900K – One invoice due to a service provider who supplied the SIU with technical equipment that were going through testing. The invoice was settled in October 2017.
  3. The balance is mainly made up of supplier of travel management services where third party invoices / statement were outstanding for payment. The SIU has an arrangement with the supplier that invoices will only be settled when presented with third party invoices, e.g. invoices from car rental companies, and a statement of account.

D. NPA

a) The NPA has paid 99.5% of all creditors within 30 days during the 2016/17 financial year. The remaining 0.5% relates to disputed invoices.

b) As at the end of October 2017, the NPA had 12 invoices amounting to R97 512.38 that were outstanding for a period of more than 30 days. Below are the details of the relevant invoices:

NO.

PAYEE NAME

AMOUNT

NO. OF DAYS

COMMENT

 

BCD TRAVEL

R568,40

146

DISPUTED

 

BCD TRAVEL

R568,40

140

DISPUTED

 

SEBTECH TECHNOLOGIES

R1 431,83

85

DISPUTED

 

SEBTECH TECHNOLOGIES

R1 431,83

65

DISPUTED

 

FACCT FORENSIC CONSULTING

R76 772,16

55

DISPUTED

 

SCHUTTE JHT

R250,00

50

DISPUTED

 

MULTI CHOICE AFRICA (PTY) LTD

R274,00

49

DISPUTED

 

DELOITTE TIP-OFFS ANONYMOUS

R14 345,76

46

DISPUTED

 

ELLIS DJ

R650,00

45

DISPUTED

 

FERREIRA S

R109,00

41

DISPUTED

 

LANDMAN L

R411,00

32

DISPUTED

 

SANDAN MM

R700,00

31

DISPUTED

   

R97 512,38

   

05 December 2017 - NW3625

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Justice and Correctional Services

Whether (a) his department and/or (b) any entity reporting to him own land; if so, in each case, (i) where is each plot of land located, (ii) what is the size of each specified plot and (iii) what is each plot currently being used for?

Reply:

a) The Department of Justice and Constitutional Development does not own land. This is in view of the existing legislation that governs the immovable assets in particular State Land Disposal Act No. 48 of 1961 and Government Immovable Asset Management Act No. 19 of 2007.

b) The National Prosecuting Authority, Special Investigating Unit and Legal Aid South Africa have informed me that they do not own any land.

 

05 December 2017 - NW3456

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Justice and Correctional Services

How many officials and/or employees in his department were granted permission to have businesses and/or do business dealings in the past three financial years; (2) are any of the officials and/or employees that have permission to have businesses and/or do business dealings doing business with the Government; if so, (a) what was the purpose of each business transaction, (b) when did each business transaction occur and (c) what was the value of each business transaction?

Reply:

1. Table A: Details of employees who had permission to do remunerative work and were found to be doing business with organs of state in 2014/15.

Name of Official

Purpose of each business/transaction

When did it happen?

What was the amount/value involved?

Remarks/explanation

1. Kgomo MA

Rendering catering services, office equipment supply, stationery and cleaning services for South African Social Security Agency

September 2014

R231.25

Administration Clerk. Approval granted on 22/05/2014.

2. Table B: Details of employees who had permission to do remunerative work and were found to be doing business with organs of state in 2015/16

Name of Official

Purpose of each business/transaction

When did it happen?

What was the amount/value involved?

Remarks/explanation

1. N Yulu

The official has resigned from the Department and we could not access or trace information on the nature of the transactions with government.

Permission was granted for remunerative work on 06/07/2015.

2015/16

R60 100.00

Deputy Director (Resigned on 30/04/2016.)

NOTES:

  1. The amendments in the new Public Service Regulations of 2016 came into effect on 01 August 2016.
  2. A transitional arrangement was provided for the employees who were doing business with organs of state for six months, ending on 31 January 2017.
  3. All the mentioned employees conducted business with state departments before the effective date of the Public Service Regulations of 2016. Therefore, they were required to comply with the Departmental Policy on Remunerative Work outside employment in the public service and were granted permission.

03 November 2017 - NW3251

Profile picture: Horn, Mr W

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

(a) In what ways is overcrowding in correctional service facilities hampering programmes for the rehabilitation of prisoners and (b) what plans does his department have in place to address each challenge?

Reply:

The Branch Incarceration and Corrections contributes to the strategy through the provision of Correctional Programmes to sentenced offenders with Correctional Sentence Plans (CSPs) in line with section 38 of the Correctional Service Act 111 of 1998. Correctional Programmes are needs based and have been developed specifically to deal with identified offending behaviour and are aimed at bringing about behavioural changes; acceptance of positive values and morals; increased knowledge on certain topics; the acquisition of life skills and ultimate improved mental and physical health.

There are thirteen (13) endorsed Correctional Programmes:

  • New Beginnings Orientation
  • Anger Management (Anger In Anger Out)
  • Cross Roads (sourced)
  • Restorative Justice Orientation
  • Preparatory Programme on Sexual Offences
  • Substance Abuse (Stop to Start)
  • Behaviour Modification Programme on Gangsterism
  • Economic Crime Programme (fraud related)
  • Economic Crime Programme (theft related)
  • Programme on Murder and related offences (Changing Lanes)
  • Programme on Robbery and related offences (Change is possible)
  • Correctional Programme for Female Offenders
  • Pre-Release

Correctional programmes are facilitated by CIOs on an interim basis due to absence of a permanent financed structure.

The department is in the process of improving participation of offenders in skills development programmes and formal education by amongst others, implementing the following:

  • Improve the current recruitment drive to appoint more skills development practitioners at operational level and to also expedite the finalisation of Occupational Specific Dispensation (OSD) for educators in order to attract more educators.
  • Enhance partnership with external stakeholders in order to augment the limited DCS resources (i.e. shortage of educators, shortage of training equipment’s and learning material, increase training opportunities) for the training and development of offenders. There is improvement in the rendering of training interventions as a result of established external partnerships with the following; National Skills Fund, UNISA, Safety and Security Sector Education and Training (SASSETA), Department of Higher Education and Training (DHET) as well as Technical, Vocational, Education and Training (TVET) Colleges.

The Department is rendering Spiritual Care programmes and services on a daily basis through maximization of the space, e.g. sharing school areas and dining halls and use open areas for the spiritual empowerment of offenders.

31 August 2017 - NW2313

Profile picture: Mbhele, Mr ZN

Mbhele, Mr ZN to ask the Minister of Justice and Correctional Service

With reference to his reply to question number 1761 on 11 July 2017, was there a threat and risk assessment conducted which recommended that the National Director of Public Prosecution be awarded VIP security through the SA Police Service; if not, on what basis is the specified security provided; if so, (a) on what date was the specified assessment done, (b) what were the recommendations of the specified threat assessment, (c) on what date will the situation next be reviewed and (d) will he make a copy of the threat assessment report available to Mr Z N Mbhele?

Reply:

The provision and implementation of close-in-transit protection services, is provided to the National Director of Public Prosecutions. This was done after a Threats and Risk Assessment have been done many years back and has been the norm with all other predecessors appointed to hold the same office. Security services are therefore provided to the Office of the NDPP, irrespective of the person holding such office at any time. Threats and Risk Assessments are done as and when required and the outcome thereof will determine the kind of security required. Threat assessment reports remain confidential.

27 July 2017 - NW1860

Profile picture: Selfe, Mr J

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

(1)     What is the date of the last medical assessment (a) undertaken by and (b) available to his department with regard to the health of the parolee Mr Shabir Shaik? (2) whether the specified person’s condition is still considered to be terminal; if not, what steps has his department taken to review the parole status of the specified person; if so, what is the current prognosis with regard to life expectancy; (3) what (a) is the last date on which the parole conditions of the specified person were reviewed and (b) are the details of the parole conditions that are currently applicable; (4) has the specified person strictly complied with the conditions of parole; if not, what (a) are the relevant details of the infringement(s) and (b) steps has his department taken in this regard?

Reply:

(1)(a) & (b) The last medical assessment by The Department of Correctional Services for parolee Mr. Shabir Shaik was conducted before he was released on medical parole on 03 March 2009.

2. The condition of the parolee is still viewed to be terminal. Medical parole was granted in terms of the provisions of Section 79 of the Correctional Services Act, Act No. 111 of 1998, before it was amended. Therefore, he was considered in terms of the then applicable legislation. The medical parole legislation was reviewed and Section 14 of the Correctional Services Amendment Act, Act No. 5 of 2011, which introduced the new medical parole system, came into effect on 01 March 2012. At the time the person in question was diagnosed as being in the final phase of a terminal disease.

(3)(a) Parole conditions were last reviewed on the 24 April 2015

(3)(b) Mr. Shabir Shaik is on house arrest with relaxing conditions namely:

  • Attending school functions for his son 17h00 to 19h00.
  • Working hours from 08h00 t0 18h30 – Monday to Friday.
  • Attending sports once a week from 12h00 to 19h00.
    • If he has to travel outside the Province, then he has to apply for leave of absence like any other offender.

(4)(a) Yes.

(4)(b) Not applicable.

21 July 2017 - NW1726

Profile picture: King, Ms C

King, Ms C to ask the Minister of Justice and Correctional Services

Whether any staff of (a) his department and (b) each entity reporting to him were awarded any contracts or agreements to conduct business with any state entity in the (i) 2014-15, (ii) 2015-16 and (iii) 2016-17 financial years; if so, what are the (aa)(aaa) names and (bbb) professional designations of the staff members and (bb)(aaa) details of the contract(s) and/or agreement(s) awarded and (bbb) amounts in each case?

Reply:

(a) The Department of Justice and Constitutional Development has responded as follows:

(i) Table A below gives details of employees who were found to be doing business with organs of state by the Auditor-General in 2014/15.

Name of Official

Designation

Organ of State

Name of the Supplier

Order No.

Amount

Ramaoka M.N

Administration Clerk (Resigned on 2017/01/31)

National Department of Sport and Recreation

Makhurumola Itlhabanele Business

Not available

R0.00

Mbowane A

Assistant Master (Resigned on 2014/12/31)

National Department Correctional Services

Nchiruleng trading enterprise

Not available

Not available

Afrika BH

Senior Court Interpreter

South African Police Service

Biometric Enhancement Solutions (Pty) Ltd

Not available

R859 357.83

Mashego. BK

Director/senior manager

Small Enterprise Development Agency

Kholo Monyane Trading Enterprise

Not available

R0.00

Maja MP

Director/senior manager

Food and Beverages Manufacturing Industry

Bakhethwa Solutions And Investments

Not available

R0.00

Mmbadi LS

Director/senior manager

Eskom Holdings Ltd

Booi Holdings

Not available

Not available

Jacobs J

No record is found on DoJ&CD’s Persal as the official is currently stationed at the Office of the Chief Justice.

City of Johannesburg Metro

Constitution Hill Development

Not available

R6 840.00

Gwadiso SS

Director (Resigned on 2017/05/31)

Amatole District Municipality

Beam Marketing & Promotions CC

Not available

R0.00

Kgomo. TFJ

Director (Retirement on 2017/04/30)

South African Police Service

Kgophamorama Management Services & Projects CO

Not available

R215.00

Bhikha SV

Principal Legal Admin Officer (Retirement on 2015/07/31)

Financial and Accounting Services SETA

Public Finance IQ

Not available

R0.00

Samaai S

Principal Legal Admin Officer (Contract expiry on 2015/10/15)

Destination Marketing Organisation

X Con Films

Not available

R0.00

Bodigelo JT

E-scheduler Clerk

Ngwathe Local Municipality

Batho Pele Funeral Parlour

Not available

R6 900.00

Choshane. ML

Chief Registry Clerk

Fetakgomo Local Municipality

Mogodumane Funeral Parlour and Undertakers

Not available

-R3 918.00

Lebelo J.M

Administration Clerk

Limpopo Department of Health

Dimpho Mahlatse Service Provider

Not available

R2 250.00

Khoza N

Chief Accounting Clerk

Ehlanzeni District Municipality

Sebenzani Trading 59

Not available

R6 346.00

Hlongwane. SP

Administration Clerk

Ezemvelo Local Municipality

Ukumhlophe Investment trading

Not available

R0.00

Mohalanyane. MJ

Digital criminal recording systems(DCRS) Administration Clerk

Office of the Premier of Limpopo Province

Mohalanyane General Trading

Not available

R9 800.00

Bonokwane NM

Senior Administration Clerk (Resigned on 2017/04/30)

Ratlou Local Municipality

The Mary's Bed and Breakfast

Not available

R2 855.00

Chita DB

Administration Clerk

Legal Aid South Africa

Future Selling Photocopies papers

Not available

-R1 000.00

Mokoena GM

Administration Clerk

Maluti A Phofung Local Municipality

Thabadimahlwa trading and projects

Not available

R1 980.00

Mashinini JH

Administrative Officer

Phumelela Local Municipality

Happyguza Construction and Projects

Not available

-R1 700.00

Baca S

Administration Clerk

South African Police Service

Back to Back Trading Enterprise cc

Not available

R9 240.00

Kgomo MA

Administration Clerk

South African Social Security Agency

Motlhala Nala General Trading

Not available

R231.25

Gonyela S

Maintenance Investigator

OR Tambo District Municipality

Sirgo Trading Enterprise

Not available

R379 553.00

Maphanga LP

Accounting Clerk

Department of Defence

Lefa Phangos Trading Enterprise

Not available

R17 229.00

Masilela PN

Administration Clerk

MP: Public Works Roads & Trans

TVLN

Not available

R25 100.00

Masilela BV

Administration Clerk

South African Police Service

Botshelo & Naledi Enterprise (Pty) Ltd

Not available

R55 798.50

Sepheu MR

Audit Manager

Agricultural Research Council

Robsmethi Trading Enterprise

Not available

R112 300.00

NB: During the 2014/15 financial year, public servants were not prohibited from conducting business with the organs of the State, provided that they obtained permission from the executive authority to perform other remunerative work outside employment in the public service. The Department could therefore not take corrective action against any of the officials listed above for conducting business with organs of state. Furthermore, it should be noted that the Department relies on the Office of the Auditor-General in respect to the amounts of the transactions/contracts.

(ii) Table B below gives details of employees who were found to be doing business with organs of state by the Auditor general in 2015/16.

Name of Official

Designation

Organ of State

Name of the Supplier

Order No.

Amount

OT Muthen-Kanyinda

Administrative Officer (Resigned on 2016/03/31)

Transnet TFR

Chee Trading

Not available

R341 489.00

SP Hlongwane

Administration Clerk

Ezemvelo Wild Life

Luyandas Trading

Not available

R352 000.00

SR Khambule

Deputy Director: Financial Management

LP: Pub Works Roads & Infrastructure

Blue Stone Design (Pty) Ltd

Not available

R125 957.00

SP Hlongwane

Administration Clerk

South African Social Security Agency

Ukumhlophe Investment Trading

Not available

R73 166.00

DT Myeni

Registry Clerk

Safety and Security SETA

Shemula Trading Enterprise

Not available

R187 500.00

MZ Tibane

Messenger

NAT: SASSA – Mpumalanga

IT Minds

Not available

R470 750.00

MS Seema

Audit Manager

Tshwane Metropolitan Municipality

Tshwane Micro Enterpreneurs League Projects Co-Operative Lim

Not available

R18 720.00

MR Sepheu

Audit Manager

Agricultural Research Council

Robsmethi Trading Enterprise (Pty) Ltd

Not available

R9 851.00

N Yulu

Deputy Director (Resigned on 2016/04/30)

SA Maritime Safety Authority

Yulu Media Sound and Entertainment (PTY) LTD

Not available

R60 100.00

M Ngcobo

Assistant Director

GP: Human Settlement

Mthomakhathini (Pty) Ltd

Not available

R120 000.00

NP Ndlovu

Administration Clerk (Contract expiry on 2016/02/29)

Tshwane Metropolitan Municipality

Zele Solution (Pty) Ltd

Not available

R114 408.00

NP Ndlovu

Administration Clerk (Contract expiry on 2016/02/29)

Tshwane Metropolitan Municipality

Patrosa Holdings (Pty) Ltd

Not available

R150 527.00

OT Muthen-Kanyinda

Administrative officer (Resigned on 2016/03/31)

Transnet TFR

Chee Trading

Not available

R341 489.00

SP Hlongwane

Administration Clerk

 

Ezemvelo Wild Life

Luyandas Trading

Not available

R352 000.00

SR Khambule

Deputy Director: Financial Management

LP: Pub Works Roads & Infrastructure

Blue Stone Design (Pty) Ltd

Not available

R125 957.00

SP Hlongwane

Administration Clerk

South African Social Security Agency

Ukumhlophe Investment Trading

Not available

R73 166.00

DT Myeni

Registry Clerk

Security Seta

Shemula Trading Enterprise

Not available

R187 500.00

NB: During the 2015/16 financial year, public servants were not prohibited from conducting business with the organs of the State, provided that they obtained permission from the executive authority to perform other remunerative work outside employment in the public service.

(iii) Table C below gives details of employees who were found to be doing business with organs of state by the National Treasury in 2016/17.

Name of Official

Designation

Organ of the State

Name of the Supplier

Order No.

Amount

Ndivhuwo Enerst Nemusimbori

Legal Researcher

Government Communication and Information Systems - National

Enerst Trading and Projects

OR-078106

R7 368.00

Ndivhuwo Enerst Nemusimbori

 

Higher Education and Training - National

Enerst Trading and Projects

OR-013115

R44 100.00

Ndivhuwo Enerst Nemusimbori

 

Higher Education and Training - National

Enerst Trading and Projects

OR-013272

R885.80

Ndivhuwo Enerst Nemusimbori

 

Human Settlements - National

Enerst Trading and Projects

DH-024551

R3 542.50

Dumisani Bathwell Tuis

Court Manager

Correctional Services - National

Linche Cleaning And Catering Services

CL-004662

R16 892.60

Dumisani Bathwell Tuis

 

Correctional Services - National

Linche Cleaning And Catering Services

CL-004691

R15 798.00

Motlatsi Abel Tsubane

Senior Court Interpreter

Home Affairs - National

Khazimla Services

WC-003162

R2 425.00

Petronella Andricka Freeman

Court Intermediary

Correctional Services - National

Gaz Dealer And Services

UP-005543

R14 750.00

Petronella Andricka Freeman

 

Roads and Public Works - Northern Cape

Gaz Dealer And Services

SY-001296

R489 000.00

NB: The prohibition of employees from conducting business with organs of the State came into effect in August 2016 (subject to a six months transition period, starting from the date of implementation of the Public Service Regulations on 01 August 2016 to allow affected public servant to round up their activities or resign their Directorships from supplier companies with existing contracts with an organ of the state). In the circumstances, even an official who has obtained permission from the Executive Authority to perform other remunerative work outside employment in the Public Service cannot rely on such permission to conduct business with an organ of the state.

(b) The entities of the Department of Justice and Constitutional Development reported as follows:

 (i) Special Investigating Unit (SIU):

The SIU has informed that according to the SIU integrity Unit, it is confirmed that no-one within the SIU who is doing business with the State 2014/15, 2015/16 and 2016/17 financial years..

 (ii) National Prosecuting Authority (NPA)

The NPA has confirmed that no member in its employ was awarded any contracts or agreements to conduct business with any state entity during the periods concerned, nor is any member of the NPA conducting any business with an organ of state2014/15, 2015/16 and 2016/17 financial years.

(iii) Legal Aid South Africa

None of Legal Aid South Africa’s staff was awarded any contracts or agreements to conduct business with any state entity in the 2014/15, 2015/16 and 2016/17 financial years.

(c) The Department of Correctional Services has confirmed that no member in its employ was awarded any contracts or agreements to conduct business with any state entity during the periods concerned.