Questions and Replies

Reply:

As indicated in the oral reply question 55 given on 01 March 2023, the number of sexual offences backlog cases have declined since 31 December 2021 and thus the number of sexual offences backlog cases as at 31 December 2022 is significantly lower than the year before.

With regards to the number of sexual offences backlog cases as at 31 December 2021 (a) 2844 charges were withdrawn,

(b) of the 2797 cases finalized with a verdict, 1844 cases were finalized with a guilty verdict.

We remain concerned about the high rates of charges withdrawal and attrition in cases sexual offences. However, it must be noted that the December 2021 period fell within the second year of the COVID-19 pandemic when the restrictions of COVID-19 regulations were still operational. This inevitably led to a decline in the number of witnesses and accused persons who came to court and this unfortunately contributed to a higher figure of withdrawn charges. However, it should be noted that some cases are subsequently reinstated on the court roll as soon as the challenges that led to the withdrawal of the charges had been resolved.

END

Reply:

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

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

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

Electronic Case Management System (ECMS).

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

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

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

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

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

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

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

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

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

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

Reply:

I wish to inform the Honourable Member as follows:

a) The Backlog Reduction Framework has been finalised and approved on 7 April 2022.

b) The Framework has been partially implemented.

(i) The initial Phase was implemented with the establishment of the Departmental Backlogs Reduction Committee. At this stage, as part of the second phase of implementation and in order to establish a Justice, Crime Prevention and Security (JCPS) Stakeholders’ Forum, the Department has developed a National Integrated Criminal Court Optimization (NICCO) Framework and Governance Structure that seeks to address challenges to the efficient running of our courts in an integrated criminal justice system manner with the participation of all relevant stakeholder JCPS departments and entities. We are currently seeking the approval of the JCPS Directors-General Cluster to implement this Framework and Governance Structure which seeks to report to the JCPS Directors-General Cluster to ensure the responsibility and accountability of all stakeholder departments and entities to optimize the efficiency of our criminal courts.

In the meantime, the Provincial Heads of the Department of Justice and Constitutional Development (DoJ&CD) are meeting with the JCPS role-players at the provincial level, and attending meetings of the Judges President of the Provincial Efficiency Enhancement Committees (PEEC) to discuss and unblock any blockages encountered in court performance at provincial level. Meetings of the Regional Efficiency Enhancement Committees (REEC) chaired by the Regional Court Presidents of the Provinces, as well as District Efficiency Enhancement Committees (DEEC) chaired by the Chief Magistrates or Judicial Heads of Offices are further attended, where the matters concerned are addressed at the Court levels.

(ii) It should also be noted that the percentage of the sexual offences in the criminal court, which are currently on the backlog roll as at the end of February 2023, is at 36, 9%.

Furthermore, the DoJ&CD is committed to collaborate with all the relevant stakeholders in the JCPS Cluster as well as the Judiciary to reduce the relevant backlogs, and thus improving citizens access to speedy and efficient justice.

Reply:

The question relates to the performance of judicial functions, which falls under the purview of the Judiciary and the Chief Justice. It is advised that information relating to the performance of judicial functions, be directed to the Chief Justice.

Reply:

1.The Department of Justice and Constitutional Development is mandated and limited to implementing the Truth and Reconciliation Commission (TRC)’s recommendations approved by the fourth Parliament and pay the recommended reparations to people that have been declared as victims by the TRC. Therefore, the Department cannot, not under this mandate, come up with initiatives to consider victims of apartheid excluded from the TRC process and reparations.

Below are the TRC’s recommendations, approved by the fourth Parliament, that the Department must implement:

1. Once off Individual grant of R30 000.00;
2. Symbols and monuments;
3. Medical benefits and other forms of social assistance; and
4. Community Rehabilitation.

2. The Department met with Khulumani Galela campaign in 2022 and undertook to receive a list of the Khulumani members on protest at the Constitutional Court for purposes of verifying the campaign members that are TRC identified victims and to enable the members’ access to Parliament’s approved TRC reparations. The Department provided the information to Khulumani as requested. The Department also indicated its obligation to implement the decisions of Parliament to pay the recommended reparations to people that have been declared as victims by the TRC.

3. The President’s Fund does not have any investors but has donors with the last donation received in 2012. In terms of concerns expressed, the President’s Fund is not aware of any correspondence in this regard.

Reply:

The Office of the Chief Justice (OCJ) continues to embrace the advantages that technology present and leverages on it. The modernisation of court processes remain key priority areas for the OCJ to improve access to justice for all in accordance with section 34 of the Constitution.

The Court Online system has been rolled out to the Gauteng Division of the High Court in Pretoria and Johannesburg. The CaseLines evidence management platform, is an integral part of the total Court Online Solution, and is being utilised in the Gauteng Division of the High Court. The implementation of the total Court Online solution is subject to the litigation process which is underway in the courts.

END

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) has requested the Department of Public Works and Infrastructure (DPWI) to increase the day-to-day maintenance threshold from R100 000.00 to R1 000 000.00 per incident.

DPWI has granted approval to the request and DoJ&CD has revised the delegations accordingly effective from 01 October 2022. This increase has since been communicated to all Provincial Offices of DoJ&CD for immediate implementation. The devolution does, however, have limitations with regards to the disciplines and specialised work that will remain within the custodianship of DPWI as per the current approved day-to-day Maintenance guidelines.

DPWI as custodians have reviewed the current day-to-day Maintenance guidelines to ensure process improvements, in relation to execution of the maintenance and operations services function to ensure alignment in respect to asset care obligations between the DoJ&CD and DPWI. A workshop on Day-to-day Maintenance and Devolution of R1 million to DoJ&CD was conducted by DPWI to DoJ&CD on 23 March 2023. Discussions and engagements were undertaken on contents and implementation of the reviewed guidelines and DoJ&CD requested more time to review and peruse the guidelines with all provinces. The current 2019 Guidelines remain in effect until such a time that they are rescinded.

There have been 70 completed projects implemented through the newly approved delegation threshold of R1 million per incident. These refurbishments will improve the conditions of the courts and ensure that the infrastructure is maintained and fit for the intended purpose.

Reply:

1. As per the Department of Correctional Services (DCS) Standard Operating Procedure (SOP), the scene was handed over to South African Police Services (SAPS) for investigation in relation to the fire that had occurred in the affected cell. It was based on the SAPS investigation by means of an autopsy that it was determined that the body found in the cell did not match that of offender Bester. The investigation also revealed that the individual suffered blunt force trauma and did not exhibit smoke inhalation. The matter is currently under investigation by the SAPS, therefore all further details in relation to the investigation should be directed to the SAPS.

(2)(a) The initial incident of fire which was purported to be a suicide was reported to SAPS on 03 May 2022.

(2)(b) The inquest case in relation to the purported suicide was recorded as CAS25/05/2022 by the SAPS.

(3) The case is currently under investigation by the SAPS of which this is the only institution which is able to provide progress in this regard.

(4) Facts about the escape were provided to the Portfolio Committee on Justice and Correctional Services on 13 April 2023, as conclusive information became available. No information was provided to the subcommittee as it forms part of the Portfolio Committee. Media briefings were held by the DCS on the following dates: 30 March 2023 and 13 April 2023, to ensure that the public is informed on the matter.

The facts relating to allegations of murder fall outside the scope of DCS and as such should be directed to SAPS.

END

Reply:

The Office of the Chief Justice (OCJ) continues to embrace the advantages that technology present and leverages on it. The modernisation of court processes remain key priority areas for the OCJ to improve access to justice for all in accordance with section 34 of the Constitution.

The Court Online system has been rolled out to the Gauteng Division of the High Court in Pretoria and Johannesburg. The CaseLines evidence management platform, is an integral part of the total Court Online Solution, and is being utilised in the Gauteng Division of the High Court. The implementation of the total Court Online solution is subject to the litigation process which is underway in the courts.

END

Reply:

(1)(a) As soon as the Department of Correctional Services (DCS) discovered that the offender had indeed escaped from lawful custody the matter was reported to the South African Police Service (SAPS) for investigation.

(1)(b) A case of escape was opened with the SAPS on the 12 January 2023. In addition a track and tracing team was established to re-enforce the tracing and re-arrest of the offender. None of the victims were informed of the escape in line with the General Procedure in relation to informing victims about offender/perpetrators who died, escaped from custody.

(1)(c) Not applicable.

(2) The National Prosecuting Authority (NPA) was not informed directly by DCS. However, a criminal case was reported to the SAPS for further investigation and possible prosecution by the NPA.

END

Reply:

a) The Department of Correctional Services (DCS) has two concession contracts namely Kutama Sinthumule and Mangaung Correctional Centre.

b) The Bloemfontein Correctional Contracts (Pty) Ltd is contracted to run operations at Mangaung Correctional Centre and South African Custodial Services (Pty) Ltd is contracted to manage Kutama Sinthumule Correctional Centre.

END.

Reply:

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

END

Reply:

a) Status of the amendments to the Protected Disclosures Act, Act 26 of 2000

(i) The Department of Justice and Constitutional Development has conducted a review of the Protected Disclosures Act and Witness Protection Act, amongst other pieces of legislation, that have a bearing on whistle-blower and witness protection. This is intended to assess the level of protection to witnesses and whistle-blowers, identify and address gaps, if any, in the current legislation.

(ii) This review, which will include consultation with stakeholders and the National Anti-Corruption Advisory Council, will be implemented by the end of April 2023.

b) At this point, there are no delays as the comprehensive review is on track to be completed as per the deliverables in the State Capture response plan by the President by the end of April 2023.

END

Reply:

1. SPECIAL INVESTIGATING UNIT

The salaries of the Head of the Special Investigating Unit (SIU), and the Executives are set out in the table below: It must be noted that the salary structure of the SIU is based on an all inclusive “Cost to company” and includes the basic salary, any allowances and contributions to the provident or pension fund.

Response to (a) (i)

 

and (ii)

(b) The Head of the SIU and the Executives are permanent employees, and therefore

earn a salary, and do not get paid any additional fees to attend meetings.

2. LEGAL AID SOUTH AFRICA:

a) (i) The Total Annual Cost to Company (TCTC) of the Chief Executive Officer of Legal Aid South Africa is R2 400 543.00.

(ii) Details of the Total Annual Cost to Company of the top executive of Legal Aid South Africa:

Position	Annual TCTC
Chief Operations Officer	R1 930 482.00
National Operations Executive	R1 930 482.00
Chief Legal Executive	R2 048 937.00
Chief Financial Officer	R1 688 373.00

b) Legal Aid SA executives do not get paid for attending meeting as they are full-time employees at the organization.

3. BOARD OF SHERIFFS

a) The administrative Head of the Sheriffs Board is the Executive Manager as the there is no CEO of the Board. The total remuneration package for the Executive Manager is R1 778 615.04.

b) The Executive Manager does not get paid for attending meetings as this is a full-time position.

4. INFORMATION REGULATOR

a) The Information Regulator (Regulator) is an independent institution established in terms of section 39 of the Protection of Personal Information Act 4 of 2013 (POPIA). It has jurisdiction throughout the Republic and is subject only to the Constitution and the law. It exists to promote the protection of personal information processed by public and private bodies and promote access to information. The Regulator is empowered to exercise its powers and perform its functions in accordance with POPIA and the Promotion of Access to Information Act 2 of 2000 as amended (PAIA). The Regulator is accountable to the National Assembly.

b) The Executive Managers do not get paid for attending meetings as it is an inherent requirement of their full-time positions however, the salary scales are as follows:

Position	Annual TCTC
Chief Executive Officer	R2 068 458.00
Executive Officers	R1 590 747.00
Chief Legal Officer	R1 308 051.00
Chief Financial Officer	R1 590 747.00
Chief Information Officer	R1 308 051.00

a) (i) The salary of the Chief Executive Officer of the Judicial Inspectorate for Correctional Services is as follows:

• Total package = R1347 606. 00 per annum (all inclusive)
• Monthly basic salary = R78 610. 35

a) (ii) Not applicable

b) Not applicable

END

Reply:

a) The procurement process is at an advertisement stage with SITA Bid Reference Number RFB 2713-2022 initially meant to close on the 31 March 2023, however, due to an Erratum that had to be issued by SITA the bid closing date had to be extended to 05 May 2023.

b) The current contract was extended for a period of three (3) months ending 26 June 2023 and this extension is contingent on the long-term maintenance and support contract that is being procured through State Information Technology Agency (SITA) being awarded successfully. The Department is also working on a long-term solution which is a virtual courtroom platform that enables face-to- face online court sessions from anywhere in the country.

Reply:

a) The following steps are taken to strengthen security within Correctional Centres:

• Monitoring of the Gang Combatting Strategy and check list;
• Dealing with complaints and requests immediately;
• Protect whistle-blowers/ inmates that provide reliable information;
• Ensure through searching which includes amongst others, cells, bars, windows, inmates and officials, service providers and visitors are conducted daily and recorded on relevant registers;
• The continuous training and adherence to all security Standard Operating Procedures (SOPs);
• Matter of potential escape incidents be elevated to National Joint Operations and Intelligence Structures (Nat Joints/ PROVJOINTS) and other law enforcement structures – to formulate more dynamic and integrated approach;
• Create a data base to record potential escapees/ ex-escapees and attempted escapees;
• Continuous search and clean-up operations.

b) Measures put in place to curtail incidents of escapes are as follows:

• Continuous training of officials on identification and profiling of gangs;
• Monitoring of the escape prevention plan;
• Reduce overcrowding by the implementation of the multi-prong strategy;
• Prevent idleness by subjecting inmates to sports, recreational programmes, social and physiological services;
• Establishment of a well-resourced information gathering teams at centre level to prevent escapes.

END

Reply:

DRAFT REPLY

The question relates to the performance of judicial functions, which falls under the purview of the Judiciary and the Chief Justice. It is advised that information relating to the performance of judicial functions, be directed to the Chief Justice.

Reply:

The question relates to the performance of judicial functions, which falls under the purview of the Judiciary and the Chief Justice. It is advised that information relating to the performance of judicial functions, be directed to the Chief Justice.

Reply:

The question relates to the performance of judicial functions, which falls under the purview of the Judiciary and the Chief Justice. It is advised that information relating to the performance of judicial functions, be directed to the Chief Justice.

Reply:

DRAFT REPLY

The question relates to the performance of judicial functions, which falls under the purview of the Judiciary and the Chief Justice. It is advised that information relating to the performance of judicial functions, be directed to the Chief Justice.

 

Reply:

The Department of Correctional Services (DCS) is currently exploring several options relating to the takeover from the Contractor (G4S) and all of these options require Costing of the daily operations of the Correctional Centre, which amongst others include salaries of the employees as well as the maintenance of the Centre as a whole.

The current plan includes amongst others, a process whereby DCS will be working directly with the Contractor (G4S) 12 months prior to the end of the Contract to assist its employees to acclimatise and accustom themselves to the Centre as it is operating differently from DCS run Correctional Facilities. This will facilitate for smooth transition from G4S to DCS.

DCS does not intend to move offenders out of the PPP facility as it will continue to serve as part of the available accommodation, as such there will be no overcrowding impact on any other centre as a result of the take over of the Mangaung Correctional Centre.

END

Reply:

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

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

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

END

Reply:

1. I have been informed by the National Prosecuting Authority that the 30-year-old deceased was stabbed and killed at his home in Athlone. When the matter was presented to the Prosecutor for enrollment, in respect of the merits of the matter, only the deceased’s mother’s statement had been filed in the police docket. The mother was not present when her son was stabbed and did not know what had led to the death of her son.

A criminal case may only be placed on the court roll if there is evidence under oath or affirmation upon which a successful prosecution can be based.

The Prosecutor held the view that there was insufficient evidence to enroll the matter. The accused was subsequently released pending the South African Police Service (SAPS) conducting further investigation in the matter.

The Investigating Officer has since filed additional statements that are circumstantial in nature but nevertheless point to the accused’s involvement in the offence. A lot of crucial investigation is however still outstanding. For example, the post-mortem examination report as to the cause of death and number of stab wounds sustained, the statements of the two (2) persons who were with the accused and deceased in the room at the time, and the accused’s version implying that he had acted in self-defense must still be investigated and filed in the docket.

As a result of the Investigating Officer filing additional statements, the matter will be enrolled pending further investigations that need to be finalised.

2. No, I do not intend to intervene as I do not have such authority. As you are no doubt aware magistrates, as part of the judiciary authority, are independent and no person or organ of state may interfere with the functioning of the courts. The Magistrates Commission has the authority to investigate allegations of misconduct against a magistrate and the Honourable Member may approach the Commission in this regard. The National Prosecuting Authority must exercise its functions without fear, favour or prejudice and the National Director of Public Prosecutions may intervene in the prosecution process when policy directives are not complied with, or may review a decision to prosecute or not to prosecute after following the procedure provided for in section 179 in the Constitution of the Republic of South Africa, 1996.

.

Reply:

a) Out of the 46 escapes that occurred from 01 April 2016 till 31 March 2023, only one (01) official was found to have aided in an escape and was dismissed. The Arbitration matter is pending at the General Public Sectorial Bargaining Council (GPSBC).

b) The following are measures currently in place to curb incidents of escapes which are outlined in the Department’s Security Operating Procedures (SOPs) which amongst others include:

• Some management areas have detection systems such as alarms and surveillance cameras. Advanced Operational System Technologies also assist in detecting potential breakouts and help prevent them;

• Escape Prevention Plans are in place at all Correctional Centres. These plans are reviewed annually and approved by Area Commissioners.

• These plans include regular monitoring and offender profiling to prevent escapes from Correctional Centres as well as from Courts and Hospitals.

• Heads of Correctional Centres ensure compliance, implementation and continuous monitoring of escape prevention plans;

• Security awareness is inculcated through processes such as morning parades, staff meetings and security committee meetings;

• Searching of cells, windows, inmates, officials, service providers and visitors is conducted daily and recorded in the relevant registers;

• Attending to complaints and requests of inmates and responses provided as per approved policies and procedures;

• Conducting of regular surprise searches and clean-up operations;

• Continuous training/orientation of officials on SOPs;

• Investigations are conducted regarding all security incidents including amongst others, escape incidents and swift consequence management is implemented;

• Review of incidents of escapes including analysing persons of interest and attempted escapees by Security Committees and information gathering at centre level to prevent future incidents;

• Profiling of inmates including gangs and placement in appropriate units including implementation of the Gang Combatting Strategy;

• Managing overcrowding by implementing the approved Overcrowding Reduction Strategy;

• Prevent idleness of inmates by subjecting them to sports, recreational programmes, social and physiological services;

• Protect whistle-blowers/ inmates that provide reliable information;

• Potential escape incidents are elevated to National Joint Operations and Intelligence Structures (NATJOINTS/ PROVJOINTS) and other law enforcement structures – to formulate more dynamic and integrated approaches.

• The DCS has adopted a holistic approach to enhance the Department's Security Operations and Posture in line with the six (6) pillars of security which includes amongst others, Physical Security.

• The designs for the replacement of outmoded and dysfunctional tower posts were approved during the 2021/22 financial year.

• The objective is to revive the use of tower posts by upgrading and replacing infrastructure that does not support operational requirements from an Occupation Health and Safety perspective. Various tower posts were upgraded at St Albans, Waterval, Rooigrond and Christiana. Other tower posts are currently under construction, which will meet the new design concept.

END

Reply:

	a) Make	b) Model	c) Year Manufactured	d) Price	e) Date purchased
i) Minister	No vehicle was procured for the Minister since the period of 01 June 2019 to date.
ii) Former Minister	No vehicle was procured for former Minister since the period of 01 June 2019.
iii) Deputy Minister of Justice and Constitutional Development	Toyota Lexus	Lexus IS300 Hybrid	2020	R643 889.60	20 March 2020
	Toyota Lexus	Lexus ES250 EX	2022	R680 702.25	27 September 2022
iv) Former Deputy Minister	No vehicle was procured for former Deputy Minister since the period of 01 June 2019.

Reply:

a) The total number of parolees who violated their parole conditions annually since 01 January 2020 are follows:

Region	2020.01.01 to 2020.03.31	2020.04.01 to 2021.03.31	2021.04.01 to 2022.03.31	2022.04.01 to 2023.01.31	TOTAL
EC	941	2013	2142	2576	7 672
FSNC	277	765	1130	1185	3 357
GP	0	1555	2113	1871	5 539
KZN	810	2380	2125	2950	8 265
LMN	189	435	545	437	1 606
WC	766	2380	2125	2950	8 221
GRAND TOTAL	2 983	9 528	10 180	11 969	34 660

(b)(i) Total number of parolees re-arrested and/or taken back to jail are as follows:

Region	2020.01.01 to 2020.03.31	2020.04.01 to 2021.03.31	2021.04.01 to 2022.03.31	2022.04.01 to 2023.01.31	TOTAL
EC	215	419	531	57	1 222
FSNC	234	520	801	797	2 352
GP	0	566	945	917	2 428
KZN	84	265	458	555	1 362
LMN	179	405	525	407	1 516
WC	640	1 888	2 129	2 020	6 677
GRAND TOTAL	1 352	4 063	5 389	4 753	15 557

(b)(ii) Total number of parolees who remain out of jail are as follows:

Region	2020.01.01 to 2020.03.31	2020.04.01 to 2021.03.31	2021.04.01 to 2022.03.31	2022.04.01 to 2023.01.31	TOTAL
EC	2 481	2 451	3 473	3 882	12 287
FSNC	43	202	271	323	839
GP	0	989	1 168	954	3 111
KZN	2 650	4 120	3 525	5 004	15 299
LMN	4 649	4 639	4 502	4 323	18 113
WC	126	550	645	670	1 991
NATIONAL	9 949	12 951	13 584	15 156	51 640

(c) The percentage of absconders who remain on the run for certain Schedule 8 offences are as follows:

Region	Percentage as at 02 March 2023
EC	30,9%
FSNC	35,77%
GP	50,98%
KZN	41,36%
LMN	3,4%
WC	75.79%
GRAND TOTAL	45%

END

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) has appointed Datacentrix (Pty) Ltd on a twelve (12) months contract to maintain and support the existing Court Recording Technology (CRT) solution. However, the twelve (12) months contract with Datacentrix has ended on 25 March 2023.

Therefore, to circumvent the risk of not having CRT maintenance and support in place, the contract with Datacentrix that ended on 25 March 2023 has been extended for a further period of three (3) months ending in June 2023.

This extension is allowing the procurement of a long term maintenance and support contract by the State Information Technology Agency (SITA). SITA has published the bid, with Reference Number RFB 2713-2022, with a closing date of 31 March 2023.

b) Some CRT spare parts have been procured through the Request for Quotation (RFQ) process. The table below provides details of the spare parts:

SPARES	QUANTITY
ACR Boundary Microphones	200
ACR Cardioid Microphones	100
SOS Cable	150
20mm Coaxial cabling with XLR Connectors	80
15mm Coaxial cabling with XLR Connectors	210
10mm Coaxial cabling with XLR Connectors	105
Recording Indicator LED Light	10

The extended contract includes the provision of spares and IMACD (Installation, Moves, Additions, Changes and Decommission) to respond to any further breakdowns that may occur.

Reply:

a) The total number of cellphones that were confiscated in the 2022-23 financial year are as follows:

Name of Region	Total Number of cell phones confiscated
KwaZulu-Natal	7 628
Eastern Cape	4 501
Western Cape	6 161
Free State & Northern Cape	3 548
Limpopo, Mpumalanga & North West	5 167
Gauteng	10 238
Grand Total	37 243

b) The following measures have been in place to ensure that access to cell phones does not reoccur:

• Intensified searching (including surprise searches) is conducted on daily bases at Correctional Facilities and access control points. Searching is conducted on vehicles, personnel, visitors and service providers. It is conducted as per section 27 of CSA 111 of 1998 and Security Standard Operating Procedures (SOPs).

• The DCS has implemented policies on “Bagless Society” and Cell-phone free Society”. These policies reflect that officials are not permitted to enter facilities with bags or packets other than their personal items and meals. Females to utilise clear plastic bags.

• Regions have embarked on security awareness sessions on the prevention of smuggling of contrabands.

• Guidelines are in place on how confiscated cell-phones must be disposed of to prevent re-circulation.

• Trained sniffer dogs are utilised for cell phone detection.

• Disciplinary measures and swift consequence management are applied to all officials, visitors, service providers and inmates involved in any form of smuggling of contraband including amongst others, cellular devices.

(c)(i) The total number of correctional officials that were found to have been involved in such cases are as follows:

Name of Region	Number of Officials were caught smuggling cell phones
KwaZulu-Natal	09
Eastern Cape	0
Western Cape	04
Free State & Northern Cape	03
Limpopo, Mpumalanga & North West	01
Gauteng	07
National Total	24

c)(ii) Actions that have been taken against the specified correctional officials are as follows:

Name of Region	Disciplinary steps taken
KwaZulu-Natal	02 Officials received written warnings 06 Officials dismissed (01 Official appealed) 01 case under investigation.
Western Cape	01 official received verbal warning 01 official received written warning 01 case has been withdrawn 01 case under investigation.
Free State & Northern Cape	01 official received written warning 01 official is suspended 01 case under investigation
Limpopo, Mpumalanga & North West	01 official has been dismissed
Gauteng	01 official resigned 01 official dismissed 01 official is on 03 months suspension 01 official is on 02 months suspension 01 official received final written warning 02 officials disciplinary process underway

END.

Reply:

(1) The Department of Correctional Services (DCS) does not have any Dentist appointed on a permanent basis. In ensuring the availability of dental care services to inmates, a service level agreement or contract is entered into with the Provincial Department of Health and/or with individual private dentist(s) on an annual basis. Inmates at Pollsmoor Correctional Centre had access to dental services provided through a visiting sessional dentist on a weekly basis and when the services of the visiting dentist were not available during the COVID-19 pandemic period, inmates that were requiring those services were referred to the Provincial Department of Health’s local facilities i.e. the Department of Health’s facilities in the same district as the correctional facility.

Other correctional facilities in the region where service level agreements or contracts could not be entered into with individual private Dentists, the local Department of Health facilities are utilised for referring inmates requiring dental services in addressing their respective dental care needs. This arrangement is facilitating the humane treatment of inmates by ensuring accessibility of continual dental health care services.

(2) The DCS does not employ dentists on a permanent basis as this category of health professionals are specialists and are not available or catered for in the DCS organisational structure. In facilitating that the inmate population has continual access to dental care services, the following measures have been put in place to ensure that the health of the inmate population is not compromised:

DCS Regions have entered into various service level agreements or contracts with either the Provincial Departments of Health for the delivery of dental health care services to the inmates on sessional basis depending on the identified needs, or where capacity in the Department of Health is limited, service level agreements have been entered into with individual private dentists to render.

END

Reply:

a) In all instances of deaths where there is doubt that the causes of death cannot be determined/ are unknown or foul play is suspected, such deaths are immediately reported in terms of prescribed lines of communication. The South African Police Services (SAPS) are immediately informed for further investigation in terms of the Inquests Act, 1959 (Act No. 58 of 1959), and performing the relevant medico-legal post-mortem.

b) Immediately when an unnatural death has occurred, the SAPS are informed to facilitate performance of the required medico-legal post-mortem as a prerequisite for all unnatural deaths. The Department of Correctional Services depends entirely on the SAPS (Forensic Unit) for the conducting of autopsies on inmates that expire due to unnatural causes. Follow-up is made with the relevant SAPS Units to ensure that the relevant feedback is provided. After receipt of the report, confirmation of the exact cause of death is affirmed and that cause of death is recorded in the respective established Death Registers.

END

Reply:

After being informed on 6 June 2022, that Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta have been arrested by the police in Dubai, the Department travelled to the UAE on three separate occasions to meet with the Central Authority in the UAE. The Department has received both official and unofficial updates from the UAE Central Authority on the extradition proceedings in the UAE.

The Department is of the view that the names of the team responsible for the extradition application should not be disclosed. The team members from the Investigating Directorate and Department of Justice and Constitutional Development have remained the same.

Reply:

The Department was informed that the extradition proceedings in the UAE have not been concluded.

The National Prosecuting Authority indicated that they will await the final decision by the Government of the UAE on the extradition application and only then decide what appropriate legal actions, if any, will be taken further.

Reply:

The Department was informed by the Central Authority in the UAE that extradition hearings in the UAE takes place in a closed court and that only the accused, their legal representatives and the prosecution team are allowed in court. This is in terms of Article 19 of Federal Law 39 of 2006 of the UAE, the domestic legislation in the UAE that govern International Judicial Co-Operation.

Extradition proceedings in the UAE are further guided by the Guide to International Judicial Cooperation in Criminal Matters (Surrender of Persons and Things – Judicial Assistance), Ministry of Justice, 1444 Hijri – 2022 A.D.

The Department liaises with the UAE Central Authority via diplomatic channels as per Article 2(2) of the Extradition Treaty between the two countries. The South African Embassy in Abu Dhabi assist the Department in this regard.

Reply:

During February 2022, Interpol South Africa issued a Red Notice pertaining to Messrs Gupta. The Red Notice was forwarded to the UAE via the official police channel.

The Department was informed that Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta were arrested by the authorities of UAE during June 2022. The exact date of arrest is unknown to the Department.

On 6 June 2022, the UAE Ministry of the Interior’s Directorate General for the Federal Criminal Police in Abu Dhabi informed the National Criminal Bureau, Interpol Pretoria, that abovementioned suspects were arrested in the UAE. The authorities in the UAE followed this up with a Note Verbale dated 6 June 2022, informing the Minister that the suspects have been arrested and requesting the Department, as Central Authority to forward the official extradition request to the UAE.

The Department was not granted access to the Gupta brothers and was not furnished with mug shots of them.

Reply:

On 6 June 2022, the UAE Ministry of the Interior’s Directorate General for the Federal Criminal Police in Abu Dhabi informed the National Criminal Bureau, Interpol Pretoria, that Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta were arrested in the UAE. The authorities in the UAE followed this up with a Note Verbale dated 6 June 2022, informing the Minister that the suspects have been arrested.

The Department was further informed during an official visit to the Central Authority of the UAE that the Gupta brothers remain incarcerated in prison, but the exact details were not disclosed, as this is not standard practice in the UAE to disclose this information.

Reply:

a) On 6 June 2022, the UAE Ministry of the Interior’s Directorate General for the Federal Criminal Police in Abu Dhabi informed the National Criminal Bureau, Interpol Pretoria, that abovementioned suspects were arrested in the UAE. The authorities in the UAE followed this up with a Note Verbale dated 6 June 2022, informing the Minister that the suspects have been arrested and requesting the Department, as Central Authority to forward the official extradition request to the UAE as soon as possible.

b) The formal extradition request was delivered by South Africa to the authorities in the UAE on 25 July 2022.

c) The Director-General of the Department of Justice and Constitutional Development, in his capacity as the Central Authority, wrote to His Excellency Addullah bin Sultan bin Awad Al Nuaimi, the Minister of Justice in the UAE, in September 2022 as a follow up to the request.

d) During October 2022, the Central Authority travelled to the UAE to meet with Judge Al Balushi, and other representatives from the UAE Central Authority, including the prosecutor who is attending to the extradition request in Dubai. Judge Al Balushi was requested to keep the South African Embassy in Abu Dhabi and the Department abreast of developments.

e) As directed by the Central Authority, on 16 January 2023, the South African Embassy in Abu Dhabi directed a Note Verbale to the Ministry of Justice requesting to be informed regarding the current status of the extradition request. The Embassy has indicated that they are waiting for a formal response from the Ministry of Justice in the UAE.

f) On 20 February 2023, the Central Authority addressed a further letter to His Excellency Addullah bin Sultan bin Awad Al Nuaimi, referring to his previous correspondence and again requesting a written update on the extradition proceedings of Mr Rajesh Gupta and Mr Atul Gupta.

g) The Department has not yet been favoured with a response by the authorities in the UAE, and the issue is being pursued via the diplomatic route, where DIRCO has been requested to arrange a meeting with His Excellency Ambassador Mahash Saeed Alhameli, the UAE Ambassador to South Africa in order to discuss the Gupta matter.

 

Reply:

(a) Provision of the data per month is not possible due to the complexity and data limitations of the daily offender movements, wherein according to procedures an offender is temporarily released from the system for various purposes (their status changes to inactive) and when they come back they are readmitted (status changes to active in the movement data on the system). This is part of the daily correctional centre operations.

These movements may include among others transfers from one centre to the other, movement to courts, hospital and others.

(b)&(c) Total number of inmates who successfully appealed and released since 2007:

(c) Province	(b) Year	Total successfully appealed and released since 2007
	2007	2008	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023
EASTERN CAPE	0	4	1	1	2	4	4	1	2	2	6	5	6	2	6	4	0	50
FREE STATE	0	0	0	0	1	1	0	0	1	0	1	0	3	0	0	0	0	7
GAUTENG	1	3	2	3	9	10	5	10	8	6	9	8	7	2	8	5	0	96
KWAZULU-NATAL	0	0	0	5	11	6	14	10	25	18	18	11	9	13	5	12	3	160
LIMPOPO	2	0	1	3	3	2	10	5	9	8	8	2	1	3	2	2	1	62
MPUMALANGA	0	0	0	0	0	0	0	0	0	1	0	3	0	0	0	0	0	4
NORTH WEST	1	0	0	1	0	1	1	2	3	1	2	4	0	3	1	0	0	20
NORTHERN CAPE	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0	0
WESTERN CAPE	0	1	2	1	1	2	4	3	4	3	2	0	2	0	0	1	0	26
GRAND TOTAL	4	8	6	14	27	26	38	31	52	39	46	33	28	23	22	24	4	425

END.

Reply:

(a)(i) Provision of the data per month is not possible due to the complexity and data limitations of the daily offender movements, wherein according to procedures an offender is temporarily released from the system for various purposes (their status changes to inactive) and when they come back they are readmitted (status changes to active in the movement data on the system).

This is part of the daily correctional centre operations. Such movements may include among others transfers from one centre to the other, movement to courts, hospital and others.

(a)(ii) & (iii) See table below.

(c) Due to limitation of victim information on the warrant, the ages of victims are not available, therefore only the absolute count of those lifers charged with sexual crimes are included

END

(a)(ii)&(iii) Per year and and per province:

(a)(iii) PROVINCE	(a)(ii) YEAR
	2007	2008	2009	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	2020	2021	2022	2023
EASTERN CAPE	924	1 013	1 072	1 118	1 193	1 304	1 419	1 518	1 661	1 844	1 995	2 119	2 211	2 262	2 390	2 489	2 490
FREE STATE	598	645	720	825	945	1 092	1 278	1 403	1 525	1 656	1 820	1 954	2 068	2 119	2128	2 125	2 121
GAUTENG	1 720	1 913	2 073	2 190	2 352	2 494	2 624	2 757	2 915	3 091	3 228	3 383	3 527	3 572	3668	3 809	3 818
KWAZULU-NATAL	1 976	2182	2 369	2 512	2 731	2 975	3 168	3 345	3 480	3 638	3 829	3 989	4 078	4 072	4173	4 266	4 249
LIMPOPO	344	380	457	570	745	928	1 117	1 275	1 410	1 545	1 710	1 885	2 085	2 201	2350	2 472	2 484
MPUMALANGA	286	330	350	371	388	406	442	471	490	522	554	589	604	614	634	649	654
NORTH WEST	511	545	580	611	646	665	682	704	742	782	816	821	843	847	854	870	861
NORTHERN CAPE	80	86	90	94	97	96	97	96	96	96	96	96	94	95	102	109	108
WESTERN CAPE	570	623	655	698	741	785	817	865	906	950	1002	1 068	1111	1 145	1 174	1 221	1 219
GRAND TOTAL	7 009	7 717	8 366	8 989	9 838	10 745	11 644	12 434	13 225	14 124	15 050	15 904	16 621	16 927	17 473	18 010	18 004

*Data Source: DCS Data Base

END

Reply:

(a) Provision of the data per months is not possible due to server breakdowns in the past, which resulted in data loss of captured historical day to day movements. However, this loss impacts on the correctness of data for months and not the years. When broken down into months it does not reflect the true picture of the number of active offenders per month due to data gaps.

(b) & (c)

(c) PROVINCE	(b) YEAR
	2000	2001	2002	2003	2004	2005	2006	2007
EASTERN CAPE	242	336	456	554	673	783	864	924
FREE STATE	166	243	321	378	446	498	542	598
GAUTENG	404	568	760	988	1 226	1 404	1 589	1 720
KWAZULU-NATAL	362	590	816	1 010	1 245	1 501	1 759	1 976
LIMPOPO	69	121	165	203	249	290	318	344
MPUMALANGA	47	69	101	130	172	221	254	286
NORTH WEST	89	156	241	325	389	444	479	511
NORTHERN CAPE	23	43	58	70	73	74	76	80
WESTERN CAPE	165	220	277	363	434	498	533	570
GRAND TOTAL	1 567	2 346	3 195	4 021	4 907	5 713	6 414	7 009

END

Reply:

The Glenister Judgment must not be interpreted to mean that the National Prosecuting Authority (NPA) in its current form falls outside of the realm of independence.

As the Honourable Member is aware, the NPA is governed by both the Constitution and the National Prosecuting Authority Act (NPA Act).

Section 108 of the Constitution provides for the establishment of an NPA under the direction of a National Director of Public Prosecutions (NDPP).

The constitutional tenets governing the prosecution system are implemented through the NPA Act, which provides the power to institute and conduct criminal prosecutions on behalf of the State, ‘vests in the prosecuting authority.

The Constitution and the NPA Act guarantee the independence of the NPA in regard to its performance of the prosecutorial function. Both the Constitution and NPA Act also require that the NPA do its work ‘without fear, favour and prejudice’ and subject only to the Constitution and the law. This obligation was confirmed by the Constitutional Court in the certification of the Constitution in 1996.

There is objective evidence that STIRS criteria is being implemented.

Thus government has ensured that the Investigative Directorate (ID) has:

1. Specialised skills;
2. Highly Trained personnel;
3. Independence - as per the tenants of the Constitution and the NPA;
4. Resourcing - the NPA receives R1.3 billion to support the implementation of the recommendations of the State Capture Commission; and
5. Security of Tenure.

Reply:

The Department of Justice and Constitutional Development has assured me that, in most cases, court documents are available. As the Department has a filing system, on which charge sheets are filed.

However, the Honourable Member is requested to alert/inform us if there are specific cases and/or matters that he is aware of, where documents are missing, so that the Department may investigate the matter(s) and report back accordingly.

2. Furthermore, in instances where court records are missing, records or portions of records, this leads to one (1) or two (2) scenarios:

(i) Duplicates are requested from the persons who filed said documents; and/or

(ii) Court records can be reconstructed. However, this process depends on the availability of the Magistrate and the Magistrate’s records, and requires the availability and records of the Prosecutor/s and Legal Aid Attorneys and/or legal representatives involved.

The Department’s nine (9) Provincial Offices regularly meet on a monthly basis and/or as often as the need arises with relevant various stakeholders to address any blockages which may occur.

 

Reply:

Section 36(3) of the National Prosecuting Authority Act, 1998 provides that the Director-General: Justice is, subject to the Public Finance Management Act (PFMA), 1999, charged with the responsibility of accounting for State monies received or paid out for or on account of the prosecuting authority. Treasury Regulations issued in terms of the PFMA provides for the acceptance of gifts, donations and sponsorships. All cash gifts, donations or sponsorships must be paid into the relevant revenue fund. All gifts, donations or sponsorships received during the course of the financial year must be disclosed as a note to the annual financial statements of the institution.

From the above, the framework for the acceptance of private donations in government operates under strict protocols. Further, prosecutors are constitutionally mandated to exercise their prosecutorial powers without fear, favour or prejudice.

In keeping with the PFMA, and the degree of transparency required, oversight over donor funding is exercised by the Office of the Auditor-General as well as the Internal Audit Team. An internal register of all donations is kept centrally and will enable the NPA to disclose these donations in the Annual Financial Statements as per the National Treasury requirements.

The prosecutorial independence of prosecutors ensures that there are no impediments that will prevent the NPA to prosecute private donors who violate the law.

END

Reply:

1. It has been estimated that the National Prosecuting Authority (NPA) will require around R1,7 billion of funding to be able to respond to the State Capture cases, and develop the required capacity needed to address the growing complexity of challenges facing the NPA. National Treasury allocated a total of R1.3 billion over the MTEF period towards the capacitation of the NPA to deal with State Capture and complex corruption as well as related matters. A total of R28,5 million support of donations in kind were raised from non-profits and business which were also used for capacitation project in the NPA.

2. The NPA included, in the Memorandum of Understanding with Business Leadership South Africa (BLSA), a pre-condition for vetting of resources offered from all private sector partners. Where BLSA is aware of potential conflict with the donor, such donors are not referred to the NPA. We can confirm that through this partnership and the NPA vetting process, no donor was red flagged and no protocols on donations were violated.

END

Reply:

The Deputy Directors of Public Prosecutions cannot, by law, remove or strike matters from the court roll. Deputy Directors of Public Prosecutions may, however, authorise the withdrawal of cases in certain instances.

The standing operating procedure is that new cases are screened by either a Control Prosecutor, Senior Prosecutor or a dedicated team of prosecutors in larger offices, before enrolment thereof. Cases involving foreign nationals are not enrolled unless the affidavit, from an official delegated by the Department of Home Affairs regarding the status of the accused, is filed in the docket. This is only in respect of cases regarding a contravention of Section 49(1) of the Immigration Act 13 of 2002.

If the accused is charged with other offences, apart from a contravention of the Immigration Act, then the cases are enrolled in respect of those charges, even if the affidavit regarding the immigration status is not yet available.

In most of the cases, the affidavit is filed by the time the docket(s) arrive at court, however, there are a few occasions when this does not happen. Prosecutors will then wait for the outstanding affidavit to be filed in the docket, and then proceed to enroll the matter on the same day.

In rare instances, the immigration matters are not enrolled due to this problem. It is very seldom that cases are enrolled and then withdrawn due to the affidavit not being filed in the case docket.

In terms of the judgments by the Constitutional Court in the matters of Abore v Minister of Home Affairs and Another [2021] ZACC 50 and Ruta v Minister of Home Affairs [2018] ZACC 52, any illegal immigrant who expresses the intent to apply for asylum in terms of the provisions of Section 21 of the Refugees Act 130 of 1998, may not be detained and should first be afforded an opportunity to apply for asylum. This is in compliance with the international obligations of the Republic of South Africa pertaining to the principle of non-refoulment. Such immigrant may however be detained if he or she is charged with other offences, in addition to an alleged contravention of Section 49(1) of the Immigration Act 13 of 2002.

END

Reply:

According to section 92 (2) and (3) of the Constitution of the Republic of South Africa, 1996, it states that:

(2) Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.

(3) Members of the Cabinet must—

(a) act in accordance with the Constitution; and

(b) provide Parliament with full and regular reports concerning matters under their control.

The Ministry of Justice and Correctional Services is responsible for two Departments being (1) the Department of Justice and Constitutional Development (DOJCD) and (2) the Department of Correctional Services (DCS) with two Deputy Ministers responsible for each Department. Deputy Minister, Mr J Jeffery is responsible for the Department of Justice and Constitutional Development and iNkosi P Holomisa is responsible for the Department of Correctional Services.

The question asked by Honourable Prof. CT Msimang is not detailed as to which Deputy Minister his question is referring to; furthermore it does not indicate the date, the occasion and platform of June 2022. My office has consulted with both Deputy Ministers in an attempt to respond to the question posed.

It is in my desire to respond to all parliamentary questions; I would like to request the Honourable member to ask the question with the more specific details as highlighted above.

Reply:

There are several programmes that are offered in English, facilitated by Justice College (Directorate: Legal Learning), that are aimed at capacitating and upskilling interpreters of all languages.

a) The last programmes were offered from 5 – 9 December 2022.

b) A total number of cohort that completed the programmes is 334, details are provided in Table 1 below.

c) Learners/participants are certificated in all the programmes.

Table1: Courses Offered

Course	April	May	June	July	Aug	Sept	Oct	Nov	Dec	Total
a) Newly Appointed Court Interpreters	0	0	0	25	0	18	28	0	0	71
b) Advanced Course for Interpreters	0	0	0	30	0	22	0	0	0	52
c) Expert evidence for Interpreters	0	0	0	0	0	0	0	0	28	28
d) Civil Law	0	0	0	0	27	18	0	0	0	45
e) Legal Interpreting Learnership Remedial Interventions	53	16	31	0	23	15	0	0	0	138
TOTAL	53	16	31	55	50	73	28	0	28	334

2. Over and above the aforesaid training, the Office of the Chief Justice implements its Departmental Performance Management and Development System Policy and employs the services of Principle Interpreters to control and oversee the quality of the interpretation of Senior Court Interpreters.

Furthermore, the Department of Justice and Constitutional Development has established a Directorate responsible for Language Services, which includes training, upskilling, monitoring of quality of interpretation services as well as agreements with Non-Governmental Organizations such as DeafSA, to train the Magistrates’ Courts’ interpreters on the relevant Sign Language needs and requirements.

Reply:

1. The DOJ&CD has a total of 2000 Court Interpreters at different levels and also at different Language proficiency levels. 65% of the total number has post matric qualifications, and the remainder of 35% still has Matric only, but are however being afforded various opportunities to up-skill themselves and be professionalized through the on-going programs that are underway.

(a)(i) 95% of the Court Interpreters in all the Courts are offering Interpretation with the Official Language of Record (English) and the two Indigenous Languages of their respective Provinces. In one particular instances, it is required that the junior court interpreters of experience less than 5 years can be limited to the Lower courts, while Senior Court Interpreters and above ranks should be deployed to the Regional Courts.

(b)(ii) There are 36 Court Interpreters permanently employed by the DOJ&CD who are offering foreign Languages Interpreting services.

They offer the following Languages:

(i) Shona;

(ii) Nyanja;

(iii) Chichewa;

(iv) Kiswahili;

(v) Zimbabwe Ndebele;

(vi) Mozambican Shangaan;

(vii) Portuguese; and

(viii) Isindau

(c) Over and above the above, there are over 250 casual Foreign Language Interpreters on the DoJ&CD Central database which can be easily accessed from the departmental Intranet.

(d) There are also 6 Service Providers who are offering Foreign Language Services with sufficient capacity to meet the DoJ&CD demand for the service.

(e) This therefore puts the DoJ&CD in a better position to deal with the challenge brought about by the current influx of foreign nationals in the country and in our courts.

2. (a) There are currently 11 qualified South African Sign Language Interpreters, who are permanently employed by the DoJ&CD.

(b) Over and above that, there are several legal entities on the central Database of the DoJ&CD, who offer SASL Interpreting.

(c) The imminent promulgation of SASL as the 12th Official Language, has urged the DoJ&CD to embark on the reskilling the current crop of Court Interpreters in SASL, and the DOJ&CD HRD has put aside funds for the SASL Training as part of the 2023/2024 programs.

Reply:

a) The Department of Correctional Services (DCS) entered into a 25 year contract with Bloemfontein Correctional Contracts (BCC) (Proprietary) Limited known as Mangaung Correctional Centre (MCC) on 24 March 2000. The contract with BCC was for the design, construction, operation, maintenance and finance of the correctional centre which consists of two thousand nine hundred and twenty eight (2 928) bed spaces. The BCC commenced with operation on 01 July 2001 and the contract will expire on 30 June 2026.

b) Department of Correctional Services entered into a contract with South African Custodial Services (SACS) (Louis Trichardt) (Propriety) Limited known as Kutama Sinthumule Correctional Centre (KSCC) on 11 August 2000, for also 25 years to design, construct, operate, maintain and finance the correctional facility of three thousand and twenty four (3024) bed spaces in Makhado, Limpopo province.

The KSCC commenced with operations on 16 February 2002 and the agreement will end on 15 February 2027.

The Department has commenced with the process of taking them over once the contracts come to an end.

END

Reply:

Child abuse, neglect or ill-treatment of children as well as the abandonment of children are all offences that are regarded in a very serious light by the National Prosecuting Authority. As such, these cases are heard by the Regional courts and are also prioritised due to the impact of the offence on the children.

The reasons that the court consider in imposing any specific sentence depend on multiple factors which the presiding officer in his/her discretion takes into account. These factors include, inter alia, the circumstances of the offence, the seriousness of the ill-treatment or neglect or injury as well as the age of the victim, the psychological and medical impact or consequences of the offence on the child, etc.

Furthermore, it must be noted that not all of these cases are heard in the Criminal courts, but some are diverted to the Children’s courts where enquiries are then carried out by the presiding officials in line with the procedures in Chapter 4 of the Children’s Act (38 of 2005).

The National Prosecuting Authority is not able to verify the figures that are provided in the question. Our information, from the Electronic Case Management System, indicates a total of 270 cases being disposed between April 2022 and February 2023. From the 270 disposed cases, 92 resulted in convictions and sentences and 19 resulted in acquittals. These cases were dealt with by the Regional courts whilst only 16 less serious cases were sentenced in the District courts over the same period.

END

Reply:

The National Prosecuting Authority has informed me as follows:

1. The matter of the State v Ilunga Kalasa (Congolese Citizen) was heard in the Kimberley Magistrates Court for the first time on 17 August 2022 after he had been arrested the day before.
2. The matter was postponed for a formal bail application on 22 August 2022 where it was postponed on three different occasions (24 August 2022, 29 August 2022 and 02 September 2022) to hear further evidence on the bail application.
3. On 05 September 2022 the bail hearing was concluded, and bail was denied. The accused’s case was then postponed to 26 September 2022.
4. The charges against the accused, at the time of the bail application, were as follows:

       (a) Rape; and

       (b) Sexual Assault.

5.  On 26 September 2022, the following charges were added to the charge sheet:

a) Contravention of section 49 of the Immigration Act, 13 of 2002; and

b) Contravention of section 17(1)(a) of the Health Professions Act 65 of 1974.

6. The matter was postponed several times for further investigations and instructions from the Director of Public Prosecutions, Northern Cape Division. The accused remained in custody.

7. The local prosecution submitted a formal request that the DNA results should be prioritised regarding the rape allegations against the accused.

8. The matter eventually appeared before court on 13 January 2023 when the prosecution requested another remand for the Director’s instruction and to obtain the outstanding investigations that would include the DNA results.

9. The court refused to grant a further postponement and noted that a further remand would not be in the interest of justice, and the court proceeded to strike the matter from the roll. The accused, who had been in custody, was released because of the court’s decision.

10. On the same date, the Senior Public Prosecutor informed the Director’s office that the matter had been struck off the roll and the Director’s office immediately made arrangements for a warrant of arrest (J50) to be issued. The accused has been red flagged at the South African borders.

11.In the meantime, the Director’s office is closely monitoring the ongoing investigations in order to have the matter re-enrolled as soon as the suspect is re-arrested on the J50 warrant.

END