Questions and Replies

Reply:

a) All Legal Aid South Africa’s practitioners are allocated a supervisor. The ratio of practitioners per supervisor is set at five (5) CLPs to a supervisor and nine (9) LPs to a supervisor. This ratio is reviewed on a continuous basis.

Legal Aid SA covers courts using a practitioner per court model, i.e. all practitioner are allocated to a specific court. Court coverage plans and staff deployment plans ensure that every practitioner can be accounted for at any given moment in time. The court coverage model makes it possible for the management team to obtain feedback directly from court stakeholders, on the performance of the practitioner allocated to each court.

All legal practitioners employed by Legal Aid SA have to conclude performance agreements annually, and their performance is reviewed formally, every six (6) months. The delivery of quality legal services to clients forms an important part of the performance agreement between the organisation and its legal practitioners.

Practitioners have to account for the work they performed on any given day, by completing a Matter Activity Report (MAR), which is captured on the case management system called eLAA (Electronic Legal Aid Administration system). The MAR will have details of all the cases dealt with by the practitioner on a given day, with the time spent on each activity.

The rate at which practitioners finalise matters is carefully monitored, as is their pending caseloads. This ensures that practitioners do not build up a backlog of cases, that may potentially compromise the quality of the services delivered.

Legal Aid SA has established a Legal Quality assurance unit that operates independently of the Criminal and Civil Legal services delivery departments. The unit falls under the Internal Audit Department and reports directly to the Board of Legal Aid SA on the quality of the legal services that they audit at each office as per the Legal Quality Assurance Unit Audit Plan. Only five (5) candidate LPs and three (3) legal practitioners failed to meet their quality targets in the last financial year (2021/2022).

Qualified legal practitioners are required to complete between 12 and 18 hours of training per year, depending on the level of support required by them.

Legal Aid SA offers a number of mechanisms through which clients can register complaints against a practitioner, and these complaints are fully investigated. In addition to the traditional methods, complaints can be lodged by e-mail, through the website, or using various social media platforms.

There is a dedicated independent ethics hotline, where all incidents of unethical or unprofessional conduct can be reported.

b) The Board of Legal Aid SA, on an annual basis, approves and follows a programme that stipulates the dates of the meetings throughout the calendar year and also identifies what projects of the organisation would be prioritised at each meeting.

The Board has established Board Committees to which it delegates some of its responsibilities, namely:

i) Governance and Nominations Committee – focuses on the governance, nominations, strategic, risk governance, sustainability, cybersecurity and environmental issues impacting on Legal Aid SA.

ii) Legal Services Committee – focuses on the core business of Legal Aid SA, i.e. legal services delivery.

iii) Remuneration Social and Ethics Committee – focuses on the Social, Ethics, as well as the people issues at Legal Aid SA.

iv) Audit Committee – focuses on integrated reporting process, the system of internal control, the audit process, and Legal Aid South Africa’s process for monitoring compliance with laws, regulations, voluntary codes, best practices and the code of conduct.

In terms of the Legal Aid SA Act No. 39 of 2014, the Board consists of fourteen (14) voting members, of which one (1) of them is the Shareholder Representative or Minister of Justice and Correctional Services’ Representative on the Board. His presence on the Board brings additional oversight for the Minister on Board activities.

In 2021/2022, the Board witnessed intra-Board disputes whereby Board members lodged complaints against one another. The Board resolved to enlist the services of an Independent Counsel (or law firm) to investigate the complaints. A law firm was appointed in April 2022 and a report was presented to the Board in July 2022.

The Board was able to implement the recommendations as per the report. The report was also shared with the Executive Authority.

Notwithstanding the above, the Board was able to perform its fiduciary responsibilities and continually appraise the Executive Authority on the strategic direction, financial position, the operations, the performance as well as the risk exposure of Legal Aid SA.

Reply:

1. The current Acting Head of Justice College is Mr DM Mpholo who holds a Master’s degree in Clinical Psychology, and has experience in the area of Human Resource Development and Training.

2. Mr Mpholo is a permanent employee of the Department of Justice and Constitutional Development, and was appointed as Chief Director in Human Resource Unit. Given the fact that the Department has commenced with a process of restructuring, and Justice College has been identified as a priority area, Mr Mpholo was then seconded to the position.

The post became vacant after the death of Adv. B Makhene-Gadini who was appointed as the Head of Justice College, hence Mr Mpholo started acting on the post from April 2021 to date.

Reply:

a). The total number of courts that have alternative energy sources to enable the courts to continue functioning during load shedding is one hundred and thirty nine (139) courts.

b). The total number of courts which are rendered dysfunctional due to load shedding is four hundred and seventeen (417) courts.

Below is a summary table of all the courts per province.

NO.	PROVINCE	FUNCTIONAL COURTS DURING LOADSHEDDING	DYSFUNCTIONAL COURTS DURING LOAD SHEDDING
1	Eastern Cape	25	65
2	Free State	8	79
3	Gauteng	41	19
4	Kwa-Zulu Natal	19	83
5	Limpopo	10	36
6	Mpumalanga	2	41
7	Northern Cape	17	22
8	North West	7	27
9	Western Cape	10	45
	TOTAL	139	417

I wish to inform the Honourable Member that the Department of Justice and Constitutional Development (DOJ&CD), is working very hard to minimize the impact of load-shedding on the functioning of the courts and other service delivery points.

To ensure that disruptions to court activities resulting from load shedding are kept to a minimum, DOJ&CD has registered a project to install eighty (80) generators with Department of Public Works and Infrastructure (DPWI), at various service points. The project is at different phases of implementation at the Provinces.

All other capital, upgrading and refurbishment projects registered with DPWI include the provision of generators or alternative power supply to ensure that service points are always functional. DOJ&CD has also embarked on a pilot programme to install inverters/ solar power to the service points through the new minor works delegation received from DPWI in October 2022.

I have written to the Minister of Co-operative Governance and Traditional Affairs, and the Minister of Public Enterprise requesting that DOJ&CD service points be red-flagged and not to put the power off during the times in which the courts and other service delivery points, need to function.

Courts with generators will now take part in the transversal contract on the provision of diesel so that courts can operate without disruptions. In addition, DPWI has advised that they are engaging a term-contractor for maintenance of the existing generators. Emergency lights have been procured for cells and all dark areas in the courthouses.

The court personnel continue to serve the public during load-shedding, focusing on administrative processes which can be done manually. These processes are then captured on ICMS, MojaPay and other IT systems once electricity is back.

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:

I have been informed by the Provincial Head of the Department of Justice and Constitutional Development in the North-West, as follows:

a) The court proceedings were delayed where necessary in the first two weeks due to the postponement of cases, thereafter alternative accommodation was arranged for Court sittings.

b) Measures taken to restore the full functionality of the Court is that a contingency plan was compiled together with all the stakeholders at the Magistrates’ Court as follows:

1. Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made available the Town Hall and the Traffic Court. Security and cleaners were re-arranged accordingly, as well as parking for the Judiciary and stakeholders; and Two Mobile Court Recording Technology Machines, were arranged for the two alternative accommodation arrangements.
2. The Department of Arts and Culture vacated the second floor, and these are now being used by the Department of Justice and Constitutional Development.
3. B and E District Courts were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.
4. Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.
5. All Regional Court matters where the accused are in custody including sexual offences related matters are heard at the Regional Court.
6. All the cases whereby the accused persons are in custody including 1st appearance matters and bail applications are dealt with in the only available court room viz. Regional Court 3.
7. The Children`s court matters are dealt with in the Head of Court boardroom.
8. The rest of the family court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with in the dedicated Children`s Court.
9. Additional office space was made available on the 1st floor and the quasi- judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash hall, Offices for the Magistrates Regional and District and Public Prosecutors have been accommodated there.
10. Separate transport have been made available to transport members of public, accused persons on bail/ warning and witness to the respective alternative accommodation.
11. Two buses are available to transport staff and witnesses. Some of the attorneys requested to use the bus, as according to them, parking was limited at the Town Hall.
12. The Department procured three (3) alternative recording devices for the Potchefstroom Court to assist the court in the prevention of postponements.
13. To ensure effective implementation of the contingency plan, daily meetings are held at 08:00 in the morning with all the JCPS stakeholders to discuss the circumstances prevailing.
14. On 22 February 2023, a meeting was held with DPWI National Office. The Supply Chain process is now in progress with regards to the replacement of the collapsed rooftop.

Reply:

(1) A comprehensive impact study was conducted and subsequently an Environmental Authorisation in terms of the National Environmental Management Act (Act No. 107 of 1998GN and 983 as amended), for the upgrade and expansion of the Burgersdorp Correctional Facility within the Walter Sisulu Local Municipality was approved by the Department of Environmental Affairs.

(1)(a) Confirmation of bulk water services availability for the upgrades and renovations to the Burgersdorp Correctional Facilities was obtained from Joe Gqabi District Municipality. The Water Use License (WUL) was approved in respect of a general authorisation in line with section 39 of the National Water Act, 1998 (Act 36 of 1998), by the Department of Water and Sanitation (DWAS).

(1)(b) Confirmation of Electrical Services and Capacity availability for the upgrades and renovations to the Burgersdorp Correctional Facilities was obtained from the Walter Sisulu Local Municipality, confirming availability of adequate electrical supply

.

(2) Yes, a copy of specified impact Study is attached as Annexure A.

(3) The upgrade of the water reticulation infrastructure includes:

• New elevated water storage;
• New borehole top structure;
• New pump main from borehole to the proposed vegetable site;
• New portable reticulation ring main for existing correctional centre as well as the new development;
• New fire water reticulation ring main for the existing correctional centre as well as the new development.

(4) Confirmation of Electrical Services and Capacity availability for the upgrades and renovations to the Burgersdorp Correctional Facilities was obtained from the Walter Sisulu Local Municipality, stating that “the supply from the Municipality at the sub-station is indeed adequate for the required upgrade of the facility”.

It is worth noting that the design of the correctional facility incorporates more technological advanced technologies and building standards than in comparison with the current Correctional Centre, which will ultimately be more energy and water efficient. Advanced heating systems such as calorifiers, and the installation of energy saving lighting equipment will increase energy efficiency. The new Correctional facility will be equipped with adequate back-up power systems, which will enhance operational efficiency.

END.

Reply:

Out of a total number of 56 067 remand detainees as on 01 February 2023, 5 680
(10, 13%) of those remand detainees were detained with the option of bail, while 50 387 (89, 87%) were not granted bail. Furthermore, additional analysis conducted showed that on 31 January 2023, a total of 1 291 remand detainees were detained with an option of bail of R1000 and less.

Below is a breakdown of bail categories as at 31 January 2023. From the data depicted below, 63.1% of the remand detainees were granted bail of R1000 and less while 36.9% of the remanded detainees were detained bail above R1000 up to R4 million.

Bail Amount	EC	FSNC	GP	KZN	LMN	WC	Grand Total	%
R500 and below	139	46	149	101	49	179	663	32,40
>R500 to R1000.	27	21	166	104	52	258	628	30,69
>R1000 to R5000	7	16	294	116	77	156	666	32,55
>R5000 to R10 000	0	0	35	5	12	9	61	2,98
>R10 000 to R50 000	0	0	12	2	1	6	21	1,03
>R50 000 to R100 000	0	0	1	0	1	2	4	0,20
>R100 000 to R500 000.	0	0	2	0	0	0	2	0,10
R4million	0	0	1	0	0	0	1	0,05
GRAND TOTAL	173	83	660	328	192	610	2 046	100

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

END

Reply:

The National Prosecuting Authority (NPA) currently has delegations from the Accounting Officer to accept donations in-kind below R2 million. Where a donation is in cash, the normal regime of channelling funds through the National Treasury will apply. The NPA has to date not received any cash donations.

The NPA is currently in the final stages of approving an amended NPA Donor Funding Policy which will be aligned to the National Treasury Donor Funding guidelines and regulations. This will create internal control systems for dealing with all donations in line with relevant policies, prescripts and confidentiality requirements. The NPA engages with all partners fully cognisant of the importance of protecting its independence and perceptions of any potential interference. The NPA is committed to delivering on its mandate without fear, favour or prejudice, and all partnerships are implemented with this imperative in mind.

The in-kind donations received in the current financial year to date amount to R28.8 million and can be grouped into four (4) broad categories:

1. Employee development and capacitation: in-kind support was received from local donors, including non-profit organisations and businesses to below R5.9 million. This support came in the form of training and skills development as well as workshops and conference attendance by NPA employees. Of this, approximately R4 million emanated from the law society and other local non-profits and individual businesses.
2. Professional services: In-kind support was received from local legal practitioners in the form of pro bono services and corporate support services to the value of R7.8 million. This support focused largely on accommodation for the co-location of the NPA-led Task Force on the State Capture.
3. Thuthuzela Care Centres (TCCs): In-kind support to the value of R10.1 million was received for gender-based violence programmes from local retail businesses.
4. Business Leadership South Africa (BLSA): The NPA signed a formal partnership agreement with BLSA to provide tailored support for the rebuilding project of the NPA to the value of R2.9 million. This in-kind support focused on specialised consultancy services, project management support and capacity development for NPA colleagues working on complex state capture matters. This partnership was mentioned by the President as a positive development in the government’s formal response to the Zondo Commission findings.
5. A total of R2 million was received from various international bodies to which the NPA affiliates for workshops and conferences. The donations were in respect of travel and accommodation.

Details of each of the donations are disclosed in the quarterly financials and will be disclosed in full in the Annual Financial Statements.

Reply:

On 27 February 2020, the Department of Public Works and Infrastructure (DPWI) handed over the site to the contractor to carry out planned maintenance to the entire building of the Magistrate’s Court. However, COVID-19 lockdown regulations disrupted the project, as soon as the restrictions were lifted and the contractor came back on site, access to the building was an issue, the local business forum intimidated the workers which added to the delays. The contractor returned fully on site with effect from 1 August 2022, following SAPS intervention.

The rubble from the collapsed roof has been cleared and removed from site. An assessment has been conducted by the Structural Engineer on 23 September 2022 on the entire roof of the Potchefstroom Magistrate’s Court. The Structural Engineer’s report recommended that the whole roof trusses and tiles be replaced.

A submission was sent by DPWI Mmabatho Regional Office on 22 November 2022 to DPWI National Office requesting funding for the replacement of the roof trusses and roof tiles as an emergency, as this was not forming part of the original project scope of works. The DPWI Variation Order Committee has been dissolved and Variation Orders cannot be approved. The Variation Order Committee is expected to be established by the end of February 2023.

Once the DPWI Variation Order Committee is established, DPWI will provide the DoJ&CD with the Project Execution Plan. The contractor is still on site attending to the project as per the original scope of works.

END

Reply:

I wish to inform the Honourable Member that the Department of Justice and Constitutional Development (DoJ&CD) is working very hard to minimize the impact of load-shedding on the functioning of the courts and other service delivery points.

To ensure that disruptions to court activities resulting from load-shedding are kept to a minimum, DoJ&CD has registered a project to install eighty (80) generators with Department of Public Works and Infrastructure (DPWI) at various service points. The project is at different phases of implementation at the provinces.

All other capital, upgrading and refurbishment projects registered with DPWI include the provision of generators or alternative power supply to ensure that service points are always functional. The DoJ&CD has also embarked on a pilot programme to install inverters/solar power at various service points through the new minor works delegation received from DPWI in October 2022.

The Office of the Chief Justice (OCJ) works closely with the DoJ&CD and the DPWI to procure generators for all Superior Courts. Several Superior Courts were provided with the generators to mitigate the risks of power failures and/or load shedding.

The following 8 (eight) Superior Courts are currently without a generator:

• KwaZulu-Natal Division of the High Court: Pietermaritzburg;
• Labour and Labour Appeal Court: Durban;
• Gauteng Division of the High Court: Palace of Justice, Pretoria;
• Mpumalanga Division of the High Court: Middelburg;
• Limpopo Division of the High Court: Thohoyandou;
• Western Cape Division of the High Court: Cape Town;
• The Labour and Labour Appeal Court: Cape Town; and
• Eastern Cape Division of the High Court: Bisho.

The processes to procure generators for these Superior Courts have already commenced.

Uninterrupted Power Supply (UPS) systems were provided to all server rooms in all Superior Courts to prevent data loss and ensure business continuity to the ICT networks. UPS units are however required for the Court Recording Technology (CRT) machines in all these Courts to prevent data loss and minimise interruptions.

Furthermore, I have written to the Minister of Co-operative Governance and Traditional Affairs as well as the Minister of Public Enterprise requesting that DoJ&CD service points be red-flagged and not to put the power-off during the times in which the courts and other service delivery points need to function.

Courts with generators will now take part in the transversal contract on the provision of diesel so that courts can operate without disruptions. In addition, DPWI has advised that they are engaging a term-contractor for maintenance of the existing generators. Emergency lights have been procured for cells and all dark areas in the courthouses.

The court personnel continue to serve the public during load-shedding, focussing on administrative processes which can be done manually. These processes are then captured on ICMS, MojaPay and other IT systems once electricity is back.

Reply:

a) The total number of inmates in South African prisons who are detained on drug-related charges are as follows:

REGION	REMAND	SENTENCED	TOTAL
EC	145	210	355
FSNC	63	84	147
GP	632	261	893
KZN	346	126	472
LMN	116	206	322
WC	783	699	1 482
GRAND TOTAL	2 085	1 586	3 671

(b) Correctional Programmes aim to empower offenders with relevant information, to raise awareness about relevant issues on the topic of the specific Correctional Programme and assist offenders to gain insight into the negative effects of substance abuse and to develop life skills to cope inside the Correctional Facility and in their communities upon release.

The Substance Abuse Correctional Programme is in place for offenders who have drug related offences or have a need to undergo the programme. The target group is all sentenced offenders (serving sentences of longer than 24 months) with substance related offences and problems, based on the needs and risks identified in the offender’s Correctional Sentence Plan.

The main outcomes of the programme are to equip offenders with knowledge of the signs and symptoms of substance addiction and create a better understanding of himself/herself. Other outcomes are to equip offenders with information on how to restore the broken relationships due to substance abuse. The development of coping skills in relation to substance abuse and the addiction process are also outcomes of the programme.

END

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:

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

Reply:

(1)(a)(i)

REGION	TOTAL
Eastern Cape	132
Gauteng	250
KwaZulu-Natal	389
Limpopo/Mpumalanga/North West	333
Free State/Northern Cape	272
Western Cape	268
GRAND TOTAL	1 644

(1)(a)(ii) Without the unique (Biometric) identification, we are unable to provide accurate records of those that re-offended.

(1)(b) Without the unique (Biometric) identification, we are unable to provide accurate records of those that re-offended.

(2)(a)(b) The Correctional Programme on sexual offences is crime specific and aims at assisting offenders to identity the possible causes of their deviant sexual behaviour and to empower them with information on the biological development and sexual development of human beings.

The target group is all sentenced offenders who have committed a sexual offence based on the needs and risks identified in the offenders Correctional Sentence Plan. (CSP).

The main outcomes of the Correctional Programme on Sexual Offences are:

• Provide information on the phases of human development.
• Understand and control their needs and gain insight into the sexual response cycle.
• Equip with an understanding of sexuality and related concepts within the context of cultural differences.
• Provided with problem-solving skills, coping strategies and the ability to identify triggers and possible causes to their sexual offending behaviour.
• Provided with knowledge on the physical, emotional and financial consequences of crime.
• Provided with the skills to prevent relapse.

END

Reply:

(a)(i) The total number of inmates sentenced to life imprisonment since 01 January 2014 are as follows:

REGION	TOTAL
Eastern Cape	1 368
Gauteng	1 715
KwaZulu-Natal	1 747
Limpopo / Mpumalanga North West	2 085
Free State / Northern Cape	1 012
Western Cape	523
GRAND TOTAL	8 450

(a)(ii) None of the abovementioned were released as they have not reached the Minimum Detention Period at this point to qualify for consideration, however 04 were released on medical parole.

(b)(i) The average number of custodial years incarcerated in a correctional facility are as follows:

CATEGORIES OF LIFERS	VAN VUUREN JUDGMENT	VAN WYK JUDGMENT	PHAAHLA JUDGMENT	CURRENT PAROLE DISPENSATION
Sentence Date	Before 01 March 1994	From 01 March 1994 to 30 September 2004	Committed offences before 01 March 1994 and sentenced before 01 October 2004 (Van Vuuren) Committed offences before 01 October 2004 and sentenced after 01 October 2004 (Van Wyk)	Committed offences from 0 October 2004 and sentenced from 01 October 2004.
Minimum Detention Period	10 years but not to be placed on parole before serving minimum of 15 years	20 years minus credits (-6 years & 8months) = 13years and 4 months Minus 2005 amnesty (6months) 2012 (6 months) = 12 years and 4 months	Depending on applicable parole dispensation (Van Vuuren/ Van Wyk)	25 Years minus 2005 amnesty (6months) and 2012 (6 months) if benefitted.
Parole Period	03 years	Parole for life	Depending on applicable parole dispensation (Van Vuuren/ Van Wyk)	Parole for life

(b)(ii) A total of 53 prisoners are currently incarcerated for more than 25 years.

END

Reply:

In instances where court transcripts are not available and/or are delayed, the Department of Justice and Constitutional Development has stated the following possible reasons, as well as the steps taken to recover such records:

a) Delays may be caused when records are being transcribed by the service provider appointed to manage Transcription Services, namely: Gauteng Transcription Services on various load-shedding stages. With the current challenges the country and the courts are facing with electricity, the service provider has declared load-shedding as a Force Majeure in terms of the Service Level Agreement, since this delays the transcription processes which neither the Department nor the service provider have control over the load-shedding schedules. However, these instances are normally communicated with the respective courts, and do not lead to indefinite unavailability of the records.

b) The delays are, sometimes, related to the retrievals of the records on some of the Court Recording Technology (CRT) machines. For an example, when the recorder is taken for repairs by the service provider, i.e. Datacentrix, one will discover that it is blank when returned back after repairs. This therefore will require that a call then be logged to have the recording uploaded back to the recorder.

c) Furthermore, there are some challenges experienced with the retrieval of audio recordings which was done on the old DCRS machines. Once the court provides the audio recordings, either from CRT via the server or the cloud link, the service provider proceeds with the transcriptions without major challenges.

d) The main reasons for not being able to provide records, relate to the following challenges:

1. Recordings or portions of old DCRS recordings that cannot be traced due to the way in which the recordings were transferred from the old DCRS servers. The court has to log a call with ICT to assist with case retrievals and conversions of DCRS cases. In a small number of instances, this seems to be a challenge. ICT has to search on a number of parameters such as case numbers, dates, court room etc. In some instances, all parameters are exhausted without successfully tracing all the portions of the recording.
2. Inaudible portions of a recording, delay finalization of the transcript.

In conclusion, missing records or portions of records, inevitably lead to the need for reconstructing the record. The process depends on the availability of the Magistrate and the Magistrate’s records.

Reconstruction of Court Records also require the availability and records of the Prosecutor/s and Legal Aid Attorneys and/or legal representatives involved.

Nevertheless, the Department’s nine (9) Provincial Offices regularly meet with various and relevant service providers to address any blockages that may occur.

Additionally, the Department has assured me that, in most cases, court documents are available. 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.

END

Reply:

The National Prosecuting Authority (NPA) needs to stress that any decision made to charge in respect of any offence, including terrorism, will be based on the evidence presented to the Prosecution by the South African Police Service (SAPS) and/or the Directorate for Priority Crime Investigation (DPCI). The NPA cannot pre-empt any decision since it is obliged to consider the evidence before a decision to prosecute is made.

The Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Act 23 of 2022 (to be referred to as “POCDATARA Amendment Act” (hereinafter referred to POCDATARA) was proclaimed under Government Gazette No. 47820 and came into operation on 04 January 2023.

Section 1(r) of the POCDATARA provides for the amendment/substitution of the definition of terrorist activity.

In so far as critical/essential infrastructure is concerned, we look at only six (6) subsections within section 1(a) of POCDATARA that informs the definition of terrorist activity with further reference to sections 2,3 and 17(2), although the definition provides for nine (9 subsections under Subsection 1(a).

Section 1(a) describes what must be the impact or potential impact of the unlawful actions which are described as terrorist activities.

Therefore, as a starting point, to be described as terrorist activities, the actions must have the potential of causing harm.

Section 1 (b) and (c) of POCDATARA prescribes what the prosecution must prove as the intended consequence or nature/context of the unlawful action(s) to be classified as terrorist activity.

While it is noted that most of the offences of damage to essential infrastructure which are in contravention of Section 3 of the Criminal Matters Amendment Act 18 of 2015, are consistent with the description of terrorist activities as defined in section 1(a) of POCDATARA, it is respectfully submitted that the definition of terrorist activities must be read in conjunction with section 1(b) and (c) of the same Act, which describes the intention of the said unlawful acts.

The facts presented in the case docket must fall squarely within the definition of terrorist activities as is set out in para 8 supra.

Should the facts not prove terrorist activities as per the definition and what is required in section 1(b) and (c), then the following charges would be preferred:

1. Contravention of section 3 of the Criminal Matters Amendment Act 18 of 2015, read with the Criminal Law Amendment Act 105 of 1997;
2. Theft, read with the Criminal Law Amendment Act 105 of 1997;
3. Contravention of section 36 and 37 of the General Law Amendment Act 62 of 1955 read with the Criminal Law Amendment Act 105 of 1977; and
4. Malicious damage to property.

The National Prosecuting Authority, Organised Crime Component utilises the Prosecutor Guided Investigations (PGI) methodology (in both projects and non-projects cases) and will continue to do so, so as to timeously identify the charges and monitor the cases.

It is therefore respectfully submitted that where the evidence in an Essential Infrastructure offence proves the elements of terrorist activity, the charges under POCDATARA must be preferred and prosecuted, subject to granting of written authorisation by the National Director of Public Prosecutions as prescribed in Section 14 of the POCDATARA.

Reply:

a) The table provides details of the total number of persons who have been declared insolvent and finally sequestrated by the courts in the past five years:

Year		Insolvencies (Natural Persons)	Liquidations (Legal Persons)	Total
2018		2 691	3 697	6 388
2019		3 329	4 071	7 400
2020		1 911	4 223	6 134
2021		2 481	4 099	6 580
2022		2 249	3 877	6 126
Total		12 661	19 967	32 628

b) The Master of the High Court does not keep statistics with regards to race and debt value. It should also be noted that the true value of the assets is not necessarily finalised at application date but only finally established by the appointed trustee or liquidator during winding up.

Reply:

1. The Annual Report for the President`s Fund was published on 23 November 2022.

2. The current net worth of the President`s Fund is R1 869 640 848.08 as at 31 October 2022.

3. When the Fund was first established, it was capitalised by Government which made a total contribution of R800 001 000.00, broken down as follows:

(a) First contribution of R100 000 000.00 – in the year ended 31 March 1999;

B) Second contribution of R200 000 000.00 – in the year ended 31 March 2000;

c) Third contribution of R190 000 000.00 – in the year ended 31 March 2002 and

d) Final contribution of R310 001 000.00 – in year ended 31 March 2003.

4. (a) The donors were Royal Netherlands, Southern Life Foundations, Swiss Government, Eskom and private individuals.

(b) The donors mentioned in (a) above contributed a total amount of R7 165 390.00.

The table below provides details of the donors and total amounts donated:

(a) Donor	(b) Amount
Royal Netherlands	R3 702 870.00
Southern Life Foundation	R75 000.00
Swiss Government	R998 193.00
Eskom	R1 000 000.00

5. The total amount, in grants paid to the Fund by the State since it was established, is R800 001 000.00

Reply:

1. The net worth is made up of the capital amount, royalties and cumulated interest received over the years. The funds that are not yet used are invested in money markets through the Public Investment Corporations (IPC).

2. (a) The total number of victims that have received the once-off individual grants of R30 000 is 17 423; and

(b) The total number of victims that have not received the once-off individual grants of R30 000 is 4 253.

3. (a) The initial Interim reparations were paid in terms of the Urgent Interim Reparations regulations, gazetted on 3 April 1998, under Gazette no. 6154. It should, however, be noted that interim preparations are no longer being paid out as the Truth and Reconciliation Committee (TRC) has been dissolved. The criteria were as follows:

(i) application for urgent Interim reparation, an application for urgent interim reparation in terms of section 26 (1) of the Act must be made in the form, as set out below:

1. The Committee must consider each application for urgent interim reparation made to it in terms of section 26 (1) of the Act and if, in the opinion of the Committee:

a) the applicant is a victim ; and

b) the applicant is alive at the time when the application is considered; and

c) the applicant is in urgent need of medical, emotional, educational, symbolic, social, legal or administrative assistance or intervention; and

d) the applicant has suffered hardship as a result of the gross violation of his or her human rights; and

e) the applicant is not a relative or dependant as defined in regulation 1 (2), of a victim who is alive on the date on which the application is submitted to the Committee, the Committee must make a recommendation as contemplated in sub regulation (2) in respect of such applicant.

2. if the Committee:

a)  finds that an applicant is a victim in need of urgent interim reparation as contemplated in sub regulation (1), the Committee may, subjected to the provisions of paragraph (b) recommend that an amount in respect of urgent interim reparation, not exceeding two thousand Rand, be paid to such a victim and that such information as the Committee may consider necessary for the victim to address his or her urgent needs referred to in sub regulation (1) (c), the provided to such victims; or

b) is, In view of the exceptional circumstances of a particular case, of the opinion that it will cause undue hardship or will be manifestly unfair or unjust if the urgent interim reparation is limited as set out in paragraph (a) the Committee may, notwithstanding the provisions of paragraph (a) recommend that such greater amount as it may deem appropriate in view of such exceptional circumstances, be granted to such victim.

(b) The total amount is R53 165 325.00

END

Reply:

A total of 82 972 violated their parole conditions since 01 January 2014, to the end of the second quarter of 2022/23. This total includes all those who violated the parole conditions had parole revoked and absconders (parolees who avoid being monitored). When a parolee or probationer violates supervision conditions, an investigation is done, and a motivation and recommendations to revoke the parole is done.

Since 01 January 2014, up to the second quarter of 2022/23 a total of 39 947 parolees and probationers absconded. This category has violated conditions by disappearing and avoid being monitored or supervised. The breakdown per region is as follows:

Question	Region	01.01.2014 To 31.03.2014	2014/2015	2015/2016	2016/2017	2017/2018	2018/2019	2019/2020	2020/2021	2021/2022	2022/2023
What (a) is the total number of parolees who violated their parole conditions since 1 January 2014	EC	282	765	969	898	825	821	853	486	606	122
	FS/NC	298	1059	1053	1078	1034	1183	989	710	898	759
	GP	1315	2382	2327	2128	2222	2290	2177	1801	2186	1844
	KZN	111	350	381	542	493	493	345	395	426	449
	LMN	1127	1105	1102	1130	1092	1096	185	486	606	122
	WC	782	4959	4791	4775	4888	4089	3584	2438	2774	1496
	Total	3915	10620	10623	10551	10554	9972	8133	6316	7496	4792
(i) What is the total number of parolees re-arrested and taken back to jail	EC	130	440	555	581	551	612	599	432	522	431
	FS/NC	162	654	685	677	688	964	789	553	696	481
	GP	258	917	772	606	692	618	603	397	621	392
	KZN	74	256	276	387	349	368	361	237	335	437
	LMN	124	102	99	127	89	93	83	81	81	72
	WC	626	4173	4099	4022	4015	3480	2941	1888	2129	1207
	Total	1374	6542	6486	6400	6384	6135	5376	3588	4384	3020
(ii) What is the total number of parolees who remain out of jail?	EC	152	325	414	317	274	209	254	1746	1718	1586
	FS/NC	148	417	378	485	366	491	366	252	309	328
	GP	1057	1465	1555	1522	1530	1672	1574	1404	1565	1452
	KZN	37	94	105	155	144	457	84	158	91	212
	LMN	1003	1003	1003	1003	1003	1003	102	405	525	50
	WC	156	786	692	753	873	609	643	550	645	289
	Total	2552	4092	4145	4232	4189	4440	3022	4510	4850	3915

END

Reply:

1. The Department has introduced the Standard Operating Procedures (SOPs) on Security which was rolled out to all Correctional Centres and cascaded to all officials for implementation.

The following prevention plans have also been implemented in Correctional Centres:

• Contraband prevention Plan
• Bag less society
• Gang Combating strategy
• Plans to counteract Smuggling
• Back to Basics Philosophy and Practice
• Strategy to counteract infiltration of Community based gang into Facilities.

2. (a) Preventative measures are as follows:

• Strict application of resolution 01 of 2006 dealing with disciple of staff
• Searching of officials and all persons at various check points
• Implementation of a bag less society
• Security committee meetings are held on a monthly basis to discuss measures to curtail security breaches.
• Regular visits are conducted by Senior Personnel during the night and day;
• The use of the K9 unit to sniff put contraband
• The posting of EST officials at strategic points
• Use of Body Scanners to enhance searching of inmates, officials and services providers entering and leaving the Correctional Centres
• Regular patrols in and around the Correctional Centres

2. (b) The following are efforts to minimise the negligence of officials to proactively ensure a safe and secure environment which in turn enables the overriding of procedural security measures.

• Basic training of officials
• Development and Implementation of a contraband prevention plan
• Ongoing orientation for staff members and service providers on security information and awareness.
• Visibility of Managers at security posts and Units

Reply:

a) The following are measures put in place to ensure safety of communities when offender is on parole:

• Monitoring and supervision of probationers, parolees and awaiting trial persons under the system of Community Corrections is a human capital-intensive activity.

• All offenders placed under the system of community corrections are subjected to the Admission Risk Reclassification tool to determine the level of supervision unless stated otherwise by Court/ Correctional Supervision and Parole Board (CSPB).

• Risk profile assessment conducted to determine the risks, assessed when the static and dynamic factors have changed that necessitate re-assessment. When the offender committed a serious offence, the tool identifies a whole range of static and dynamic factors for which a score is allocated individually and the score determine some factors that might requires intervention and referrals. Final score within a pre-determined range will then result in the probationer or parolee being classified as a high, medium or low risk.

• The day to day monitoring is enhanced through allocation of resources for physical monitoring, office consultation, telephone monitoring where applicable, community service and programme attendance, (2021/2022 sufficient vehicles 518) were allocated and distributed to all community corrections offices within the regions to ensure successful monitoring in all areas).

• The monitoring category for every offender under the system of Community Corrections is determined by the predicted risk of offenders from High (minimum 8 contacts), Medium (minimum 4 contacts) and Low Risk (minimum 2 contacts).

• Review by Supervision Committee: parolees attend sitting either every six months/ frequently depending on their length of their sentence to review their status, behaviour, reclassify or referred for intervention.

• When the offender violates any set condition, s/he is summoned to the office to provide reasons for non-compliance (the non-compliance is investigated).If reasons are of serious nature and not acceptable a verbal or written warning, referrals for Social work intervention /programmes are made.

• Partnership with relevant stakeholders and the establishment of 219 offices (rented and in state owned facilities, 57 satellite offices and Service Points for easy access of services contribute positively to the compliance with conditions, ensure visibility and strengthen the system of monitoring.

In ensuring successful reintegration and compliance to set conditions of parole and correctional supervision the following measures are emphasised:

• Integrated approach at District level and national department - Continuous consultations with traditional leaders, counsellors and relevant department to ensure that they assist the department during reintegration process to accelerate and augment monitoring through special monitoring were various stakeholders are invited during this exercise.
• Community engagement and awareness through Imbizo’s to orientate the community about the conditions of community corrections, encourage them to support the offenders during their releases, acceptance within their community.

It should be emphasised that irrespective of strict measures by the department to monitor the offenders and ensure compliance of conditions, some of the offender’s relapse into criminal behaviours due to change of circumstances after been released, rejection and stigma by their family and the community, lack of support system, unemployment and other social ills. Reintegration of offenders is a societal responsibility and the department cannot deal with the huge challenges without the involvement of other stake holders including other government department.

END.

Reply:

a) The Department of Correctional Services does not detain inmates in Solitary Confinement. Section 25 of the Correctional Services Act 111 of 1998, which related to solitary confinement is no longer applicable and was repealed in terms of section 19 of Correctional Services Amendment Act 25 of 2008.

b) Not Applicable

c) Not Applicable

END

Reply:

The admission system utilised by the Department of Correctional Services does not provide for the capturing of political affiliation of inmates, the requested information is therefore unavailable.

END

Reply:

1. (a) The National Treasury‘s mandatory baseline budget reductions were necessitated by the national fiscal constraints.

b) Any reductions in Legal Aid SA’s budget has an adverse impact as this affects the recruitment levels, i.e. number of employees as per approved establishment and consequently the court coverage.

c) There are no backlogs as pending matters’ turnaround times are monitored so that cases are not delayed unnecessarily.

2. Legal Aid SA is able to provide services at all courts in the Republic of South Africa through its practitioner per court model, meaning that there is a legal practitioner stationed in every court, responsible for taking all legal aid instructions in his/her or their assigned court. The Department of Justice and Constitutional Development consults with Legal Aid SA whenever new courts are established, and provides necessary budget allocation.

END

Reply:

a) The finalised cases reported by the National Prosecuting Authority (NPA) include cases disposed-of within the dedicated commercial crimes courts as well as those finalised by the prosecutors of the Specialised Commercial Crimes Unit (SCCU) in other courts, as the NPA measures the performance of the Unit rather than the dedicated courts.

The NPA, in collaboration with the Department of Justice and Constitutional Development (DoJ&CD) and the Judiciary, established various new dedicated commercial crime courts within the Limpopo, Mpumalanga, North-West and Northern Cape Divisions to ensure that each province has at least one dedicated commercial crimes court. the work of the SCCU) within the NPA as well as the dedicated courts are closely monitored and part of agenda points not only within the different management structures of the NPA but also in the other departments. Collaboration is also done in the National Serious Commercial Crimes Steering Committee where all stakeholders participate in improving the conditions and expansion of the dedicated commercial crimes courts.

The table below provides details on the total number of cases dealt with by each Special Commercial Crimes Unit:

NEW DIVISION	NO. OF SCCU CONVISTIONS
Bloemfontein	10
Cape Town	33
Durban	47
ECD	39
Mmabatho	6
Mpumalanga	9
Mthatha	41
Pretoria	61
SCCU Johannesburg	89
SCCU Polokwane	9
Grand Total	344

b) The charges in each case from which the convictions were obtained is attached as Annexure “A”, and it also includes information relating to questions (c), (d) and (e). The data requested is kept manually and the information available, mostly from the dedicated commercial crime courts, has been extracted from the manual registers. The information relating to the quantum is not always included, neither manually or electronically, as it often creates ambiguity when an amount is indicated but in various instances the amount is indicative only of potential value and not actual prejudice sustained. It is also important to note that new selection criteria to adopt cases within the SCCU no longer focus on the quantum of cases but rather the intricacy of cases, national and international priority as well as other complexity- related criteria.

END

Reply:

1. The Offices of the State Attorney (OSA) are required by law to follow the provisions of supply chain management policies in procurement of legal services. However, the nature of the operations in the OSA environment are so complex that at times it is impossible to do so. The reliance on private legal practitioners occurs within a framework of rules pertaining to private legal practice. It is neither regularised in so far as prescripts governing State procurement is concerned, nor is it transparent.

State Attorneys are guided by section 8 of the State Attorney Act in procuring legal services. Section 8 of the State Attorney Act gives State Attorneys powers to instruct and employ, as correspondent, any Attorney or other qualified person to act in any legal proceedings or matters in any place, governed by the rules of Attorneys in private practice.

Due to various challenges raised regarding the procurement of legal services and non-compliance with section 217 of the Constitution, National Treasury issued a letter allowing State Attorneys to deviate from the normal procurement processes pending the finalisation of the Framework Contract. The Office of the Solicitor-General (OSG) then issued a directive to State Attorneys on the competitive bidding process and the implementation of the three-quotation system. The approval to deviate from normal procurement process issued by the National Treasury expired on 31 March 2021. Owing to the fact that the Framework Contract has not been finalised, the OSG then amended the delegation of powers and authority to approve the issuing of briefs from the individual Heads of offices to the Briefing Committees established within Offices of State Attorney. Consequently, all briefs to be issued are approved by the said Committees.

To standardise the procurement of state legal services, the OSG developed the Standard Operating Procedure and a Bid Evaluation criteria. The OSG also approached National Treasury to request for an extension on the deviation referred to on the paragraph above. The said request for deviation was rejected by National Treasury. Furthermore, and by way of playing oversight role, the OSG established the National Briefing Committee in order to monitor and assess the briefing patterns issued by State Attorney Offices across the country. The Committee will also provide guidelines on the criteria and processes to be followed on briefing patterns and protocols.

The Department, through the OSG and in consultation with National Treasury, has developed a Framework Contract to solicit information from Legal Service Provider(s) to enable the State to establish a pre-approved list of qualifying Legal Service Providers (Attorneys and Advocates). I have approved the Framework Contract. The bid specification in respect of the Framework Contract has been finalised. Specifications were presented to the Quality Assurance Committee at the National Treasury for approval in September 2022, and specifications were not approved, but returned for corrections and amendments.

1. Yes, the Department intends to implement a procurement framework for State legal services. The relevant details for procurement framework for State legal services are the key objectives which amongst others are:
2. Standardization of legal services offering in an effort to reduce the legal service fees paid for state litigations;
3. Capacitation of taxations skills to validate invoices to reduce exorbitant legal fees;
4. Transformation of legal services for state litigation;
5. Implementation of the briefing policy that contributes towards eliminating current race and gender disparities in the legal profession. The briefing policy caters for previously disadvantaged;
6. Implementation of a random rotational system based on the case specific requirements that will ensure fair and equitable distribution of state litigation cases by balancing the number of briefs and value of briefs;

1. Increase exposure, transfer of knowledge and skills developments for previously disadvantaged in all areas of the law;
2. Introduce performance measurement tools, success evaluation, ratings and peer review mechanisms to eliminate a perception that previously disadvantaged do not have capacity and capability to handle complex, high profile and high value cases; and
3. Encourage a change in attitude so as to promote the inclusion of previously disadvantaged and willingness to transfer skills from the few law firms/Advocates who have benefited from state legal matters to the majority of blacks and women legal practitioners.

1. Whether the rates that are paid for legal services by the Government are economical, will depend on determination of the question whether the legal practitioners in particular cases have charged reasonable fees or have overcharged. Please note that there are three (3) types of legal practitioners in South Africa. These legal practitioners are Attorneys, Trust Account Advocates and Referral Advocates.

Attorneys’ legal fees and costs rates are regulated by the Rules Board for Courts of Law which is a statutory body established to review the rules of court and to make, amend or repeal rules relating to among others, attorney’s legal fees and costs. These fees and costs, including the fees payable in respect of the service or execution of process (except subpoenas or warrants issued at the request of the State in criminal matters) or in respect of the summoning of persons to answer interrogatories are reasonable. Therefore, the legal fees rates that are paid to attorneys for state legal services relating to outsourced matters are economical.

Trust Account Advocates’ legal fees are also economical on the basis of the following two grounds: (a) firstly, the legal fees and costs are regulated and guided by the Legal Practice Council’s Code of Conduct published in terms of Section 97(1)(b) of the Legal Practice Act, which is published on Legal Practice Council Notice 813 of 2018, and (b) secondly, some of the legal fees for Trust Account Advocates, especially for work that was traditionally reserved for attorneys, are to be regulated by the Rules Board for Courts of Law.

Referral Advocates’ legal fees are similarly economical on the basis that fees that advocates are charging are in terms of guidelines and regulation of the Legal Practice Council’s Code of Conduct published in terms of Section 97(1)(b) of the Legal Practice Act, which is published on Legal Practice Council Notice 813 of 2018.

Case law and principles guides that Legal Practitioners are required to charge reasonable fees for the legal services rendered. The government is also bound by the tariffs of the Rules Board for Courts of Law and also by the guidelines of the Legal Practice Council’s Code of Conduct.

Reply:

1. (a) R 366 285 515.87

(b) None.

2. R50 million – Gender Based Violence and Femicide (GBVF);

R16 million – Corruption and other forms of Economic Crimes; and

R50 million – Cybersecurity.

3. (a) R539 134 291.63

(b) Assets are not allocated but sold, and the funds are allocated.

4. (a) R677 001 065.08

(b) This includes money received for the sale of the assets.

5. (a) R539 134 291.63 is not yet allocated.

(b) Assets are not allocated but sold.

A request amounting to R714,6 million was received, no proposals for the allocation of funds were made since it was indicated that some of the requests will be funded from the Fiscus. Once the National Treasury processes are finalised, proposals will be made for the allocation of Criminal Assets Recovery Account (CARA) funding.

END

Reply:

1. Reserved Judgments form part of the Judicial performance indicators and targets relating to Judicial functions.

2. Judicial functions were delineated from the Office of the Chief Justice planning documents from 2017/2018 going forward.

3. The Chief Justice however presents the Judiciary Annual report at the Judiciary day. The report is available on the Judiciary website.

4. All questions relating to judicial functions should be directed to the Chief Justice.

Reply:

1. The total number of outstanding rape cases on the court rolls is: 10 118 in the Regional Courts and 5 355 in the District courts. The above is the total number of outstanding cases involving charges of rape as at 28 October 2022. The cases are not recorded in accordance with the dates on which the crimes have been reported at the South African Police Service and cannot directly be linked to the 286 cases reported by the Police for quarter one of the financial year.

2. During the financial year 2021-22, the NPA received 767 799 new dockets for decision. The NPA does not distinguish between crime types.

3. (a) (i) Of the 767 799 decision dockets, which include rape matters, prosecution was instituted in 79 319 cases.

(ii) Of the 767 799 dockets which include rape matters, prosecution was declined in 401 191 cases.

(iii) Of the 767 799 dockets which include rape matters, 283 719 cases were referred for further investigation.

(b) Regarding the balance of the cases, 2 749 were mediated, 770 were adult iversions and 1 816 cases were finalised by way of an admission of guilt. The rest of the cases were referred for an Inquest in terms of the Inquest Act No. 58 of 1959, the accused were referred for mental observation in terms of Criminal Procedure Act No. 51 of 1977, the accused were referred for criminal capacity assessment, finalized by way of an alternative dispute resolution method, diverted where the accused were young offenders and the rest of the cases are pending awaiting the arrest of the accused who absconded after enrolment of the case.

Reply:

1. Wrongful convictions are not part of the key Judicial Indicators although the number of Appeals finalised are being monitored.

2. Judicial functions were delineated from the Office of the Chief Justice planning documents from 2017/2018 going forward.

3. The Chief Justice however presents the Judiciary Annual report at the Judiciary day. The report is available on the Judiciary website.

Reply:

(1) Attached as Annexure A.

(2) The Department does not have any evidence suggesting a link between overcrowding of prisons and the health deterioration of inmates. Inmates are provided with primary health care services in the correctional centres based on identified health needs and clinical conditions. Where applicable, inmates are referred to external public health facilities for secondary and tertiary levels of health care.

(3) Overcrowding places limitation in terms of space in the facilities for conducting group rehabilitation programmes.

Professionals share offices in some cases and that limits the number of inmates they can consult with per day since they have to alternate and share available common office spaces.

END.

Reply:

The National Prosecuting Authority (NPA) prioritises all Gender-Based Violence and Femicide (GBVF) matters and more especially where the victims are children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim responsive manner, in line with the Strategic Plan of the NPA. This is done by providing pre-trial and court preparation services, often in collaboration with Civil Society Organisations (CSO), at its sixty-one (61) Thuthuzela Care Centres (TCCs) across the country. These one-stop centres provide a variety of essential psycho-social, medical and legal services thus creating a safe space for child victims to report offences against them and receive services that are empowering them to transform into survivors. Specialised training is also provided to prosecutors in dealing with child victims and their testimonies. Whilst prosecutors in court are prioritising these matters, data is not kept for offences committed against children specifically.

During the Quarter 1 of 2021/22 financial year (April to June 2021), the following was not recorded in respect of crimes against children:

1. The total of successful convictions;
2. The total number of dismissals or acquittals, nor the reason(s) for the acquittal;
3. The information regarding cases withdrawn by the victim and/or victim’s family;
4. The number of cases awaiting trial;
5. The number of cases awaiting sentencing; and
6. The NPA is also unable to supply information pertaining to cases still under investigation in each province for (i) murder, (ii) attempted murder, (iii) assault with the intent to inflict grievous bodily harm and (iv) common assault as it is not recorded by the NPA but the SAPS.

The number of cases reported by SAPS includes matters where the decision was taken to not prosecute where the offender is also a child and below the age of criminal capacity or whether the child victim was too traumatised to proceed or where there is insufficient evidence to proceed.

Reply:

The Chief Justice R M M Zondo has not made any claims or been paid any allowances during the extended period of the Judicial Commission of Inquiry into Allegations of State Capture.

Reply:

1. According to the National Prosecuting Authority (NPA) statistics, prior to September 2021, a total of 59 Truth and Reconciliation Commission (TRC) cases were under investigation by the Directorate Priority Crime Investigation (DPCI). The Priority Crimes Litigation Unit (PCLU) oversaw the investigations at a national level until they were migrated to the respective provinces in April 2019. After a careful analysis, a further 55 cases were thereafter identified for re-opening.. These cases pertained to the deaths in detention where detainees, detained mainly under security legislation, died under circumstances which necessitated further investigation. These matters were identified on the available information at that stage. The process to review the TRC Recommendations is ongoing and relevant is extracted from the multiple volumes of the Final TRC Report.

Since September 2021 to July 2022, a total of 64 new matters have been referred to the DPCI for investigation.

2. The criteria currently used is to first establish if the charge/s against person/s have not prescribed. Once it has been ascertained that the matter was referred by the TRC, and the charges have not prescribed, then the matter is referred for re-opening to DPCI for the allocation of an investigator. After an investigator is appointed, the matter is referred to the office of the relevant Director of Public Prosecutions (DPP) where a dedicated TRC prosecutor is assigned the matter for prosecution guided investigation to take place.

END

Reply:

1. I have not attended a meeting outside of the Government to determine the deployment of personnel in public sector positions.

1. Appointments in the Public Service are regulated by the Public Service Regulations (PSR) 2016, (57). In terms of regulation (65) of the PSR, vacancies in the public service must be advertised extensively, to reach an entire pool of potential applicants.

Regulation (67) of the PSR regulates the selection of a suitable candidate/s to an advertised post. Formal selection processes entail the shortlisting of candidates, where after formal interviews are undertaken to identify a suitable candidate to appoint. Regulation (67)(7) also makes provisions to headhunt a suitable candidate if the selection panel is unable to recommend a suitable candidate.

END

Reply:

The Department of Justice and Constitutional Development is currently accountable for the overall delivery of the IJS Programme, and accounts for the entire IJS budget. The newly revised IJS governance arrangements seek to clarify and strengthen the roles of the Director-General (DG) as the accounting officer of the programme, and that of the Minister of Justice and Correctional Services as the executive authority of the program.

The IJS Board has been reconfigured into an IJS Implementation Committee which is accountable to the CJS Directors-General. The formation of the IJS Board of DGs has offered an opportunity for the JCPS Directors-General to provide oversight and strategic leadership over this important transformation project as JCPS management collective. The formation of the IJS Ministerial Committee (IJSMC) provides political oversight and direction of the whole IJS Programme. The Committee comprises of the Minister of Justice and Correctional Services as the Convenor, Minister of Police, Minister of Social Development and Minister of Home Affairs.

END

Reply:

Section 16 (1) of the Correctional Services Act (CSA),111 of 1998, as amended, states that: “The Department may provide correction, development and care programmes and services even when not required to do so by this Act”, and in Section 41 of the Act, it provides, under subsection “Treatment, development and support services. (1) The Department must provide or give access to as full a range of programmes and activities, including needs-based programmes as is practicable to meet the educational and training needs of sentenced offenders”.

Children offenders are children aged between 14-17 years of age. This category of offenders are given the opportunity to access formal education programmes. The following formal education programmes are offered to all offenders: -

• 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.
• Children are also given the opportunity to attend Adult Education and Training (AET) Levels 1-4 if they do not want to attend Grade 10-12 mainstream education. 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.
• Child offenders who enter Correctional centres late in the academic year, might only be enrolled in the following academic year for formal education programmes. However, all offenders, including children have access to a range of Sports, recreation, arts, and culture programmes and also have access to libraries.

The department is also rendering needs based rehabilitative programmes to child offenders by Social Workers among other professionals.

The following programmes and services were rendered to sentenced children, including parolees, probationers and children in remand detention for the Financial Year 2021/2022 by Social Workers.

 

Programmes and services	Sentenced Children	Remand Children
	Correctional Centres	Community Corrections
Substance Abuse	3	1	5
Life-Skills	25	16	20
Marriage and Family Care	25	17	18
Sexual Offender	3	7	0
Anger Management,	9	4	6
Orientation Treatment	0	2	0
Cool and fit for life	0	1	0
Parenting	1	0	0
Supportive Services	13	4	0
Trauma	2	0	2
Assessment	64	19	0
TOTAL	145	71	51
NB: Some child offenders attended multiple programmes

 

END

Reply:

1. (a) (i) There is no amount owed to the Walter Sisulu Local Municipality by the Department of Justice and Constitutional Development (DoJ&CD).

            (ii) There is no amount owed to the Senqu Local Municipality by the DoJ&CD.

(b) Falls away.

2. (a) (i) The age analysis indicates that there are no specific buildings in respect of which the Department owes the municipality. All the accounts of the    

buildings under the jurisdiction of the Walter Sisulu Local Municipality are timeously and fully paid.

(ii) Falls away.

(b) The use of the buildings under both Walter Sisulu Local Municipality and Senqu Local Municipality is for the purposes of Magistrate Courts and all the        buildings municipal services accounts are fully paid.

3. Falls away.

Reply:

(1)(a) Eastern Cape Region is providing needs based Social Work, Psychological Services, Spiritual Care, Education and Training, Production Workshops and Agriculture programmes including 13 correctional programmes aimed at creating awareness and life skills to sentenced offenders in all correctional centres nationally including EC.

i) Sentenced Offenders	ii) Remand Offenders
Management Area	Education Programmes Offered	Number of Offenders attending	Remand Centre	Education Programmes Offered	Number of Offenders attending
East London	AET L1 -  L4	120	N/A	N/A	N/A
Kirkwood	AET L1 -  L4	52	N/A	N/A	N/A
Amathole	AET L1 -  L4	86	N/A	N/A	N/A
Sada	AET L1 -  L4	128	N/A	N/A	N/A
	Grade 10 - 12	87	N/A	N/A	N/A
St. Albans	AET L1 -  L4	152	N/A	N/A	N/A
	Grade 10 - 12	19	N/A	N/A	N/A
Mthatha	AET L1 -  L4	104	N/A	N/A	N/A

(1)(a)(ii) Remand Detainees (RDs) are participating in information sharing and awareness programmes which are rendered by Social Workers, Psychologists and Health Care professionals.

RDs who were schooling during the time of incarceration are provided with the necessary education material for continuation of programmes

(1)(b)(i) Religious Services are rendered to all inmates as well as on a needs-based individual pastoral services and church services are conducted in all correctional centres. The following religious services are rendered at the Correctional Centres:

• Church/Faith Services,
• Group Sessions,
• Individual Pastoral Counseling Sessions,
• Prayer meetings and Bible/Religious studies

Group work programmes like anger management, heartlines, cross roads are some of the programmes that are rendered to offenders.

((1)(b)(ii) In addition to the RDs, Group Work Programmes like anger management, heartlines, cross roads are some of the programmes that are rendered by DCS taking to consideration that some are first time offenders and being in confined space may have a negative impact.

(2) Section 73(3) of the Criminal Procedure Act, Act 51 of 1977 relates to assistance for criminal proceedings and not correctional programmes. The section reads as follows:

• ‘In addition to the provisions of sections 3 (g), 38 (2), 44 (1) (b) and 65 of the Child Justice Act, 2008 (Act 75 of 2008),relating to the assistance of an accused who is under the age of eighteen years by his or her parent, an appropriate adult or a guardian at criminal proceedings, any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.’

(3) There are currently no additional programmes other than those that are rendered by DCS except Spiritual Care.

END.

Reply:

1. There is a plan which is continuously implemented throughout all our Remand Detention (RD) Facilities in the form of Bail Protocol and referral of remand detainees to court for bail review in line with section 63(1) of the Criminal Procedure Act (51, 1977).

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

• Release of the RD;

• Release and placement on warning;

• Placement under Section 62(f) of the CPA: Supervision by a correctional official;

• Reduction of the amount of bail;

• Placement in a secure care facility if the RD is a child; and

• Decline to review bail (Unsuccessful application).

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

c) Furthermore, remand detainees are assisted by contacting their relatives and family members and advised to utilise the telephones at the correctional centres / remand detention facilities in this regard.

(2) The determination of the total cost incurred by the State in the 2020/21 financial year for remand detainees who have been granted bail is an estimate based on the per capita cost and monthly averages. The 2020/2021 average monthly per capita cost for unsentenced inmates was R12 493.44 per inmate and the annual average of the RDs was 4 212. The cost of 4 212 RD per month for 2020/2021 was R52 622 369.28. The annual estimated cost is R631 468 431.36.

END

Reply:

The Department has implemented the following material support systems to Parole Boards:

• DCS has expedited the filling of parole board vacancies that have existed across all regions to ensure that boards function at full complement
• The Department has been building capacity in Case Management Committees in order to improve the quality of sentence plans, case management processes and profiles that are ultimately submitted to the Parole Board to better assist them in arriving at a decision.
• Ongoing training is provided to the Correctional Supervision and Parole Boards (CSPBs). The training focuses on parole policy procedures, decision making tools and calculation of release dates amongst others.
• Profile reports are submitted 3 months prior to offenders reaching their minimum detention periods to the CSPBs for consideration for possible placement on parole.

END.

Reply:

The designated Sexual Offences area in the Plettenberg Bay Magistrates’ Court, including waiting areas, are controlled and secured through the biometric system (central pool). This system was affected by the electrical power outage which occurred and affected the entire area. When the municipality restored electricity, the courts conducted a functionality test, and a call was logged to restore the biometric system, which is a security function that controls and restricts access to protect court users. As of 21st October 2022 the system is now functional.

END

Reply:

1. It must be noted that the National Prosecuting Authority (NPA) does not collate offence specific data in general. However, court statistics, regarding statutory rape and statutory sexual assault matters, as reported and dealt with at the NPA SOCA Thuthuzela Care Centres, are herewith provided for the financial years as reflected below:
2. 2019/2020 financial year:
3. Statutory rape – section 15 of Act 32/2007

• Finalised 119 verdict cases with 116 convictions – 97.5 % conviction rate.
• Diversions in 15 cases.

1. Statutory sexual assault – section 16 of Act 32/2007

• Finalised 2 verdict cases with 2 convictions – 100% conviction rate.

No diversions applied

1. 2020/2021 financial year:
2. Statutory rape – section 15 of Act 32/2007

• Finalised 64 verdict cases with 61 convictions – 95.3% conviction rate.
• Diversions in 2 cases.

1. Statutory sexual assault – section 16 of Act 32/2007

• Finalised 2 verdict cases with 2 convictions – 100% conviction rate.
• No diversions applied.

1. 2021/2022 financial year:
2. Statutory rape – section 15 of Act 32/2007:

• Finalised 85 verdict cases with 80 convictions – 94.1% conviction rate.
• Diversions in 12 cases.

1. Statutory sexual assault – section 16 of Act 32/2007:

• Finalised 12 verdict cases with 12 convictions – 100% conviction rate.
• Diversions in 2 cases.

In the analysis of the data, it is evident that the Covid-19 pandemic had a negative impact on the reporting and finalisation of cases as reflected in 2020/21 and 2021/22 financial years respectively. In comparison to the 2020/21 financial year, the 2021/22 financial year shows an increase in these numbers.

The information to sub-question (b) regarding the acquittals are included supra in the actuals and conviction rates as provided.

The information to sub-questions (c), (d) and (e) are not available. It is respectfully submitted that the Police Ministry is better placed to respond to the questions asked.

In addition, it must be noted that these offences of statutory rape and statutory sexual assault as mentioned, inter alia, are covered in the training curriculum provided to prosecutors. These manuals are annually reviewed and updated with the latest legislation and case law to ensure that prosecutors are proficient in the application of the said law.

Reply:

The National Prosecuting Authority (NPA) prioritises all Gender-Gased Violence and Femicide (GBVF) matters and more especially where the victims are children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim centric manner. This is done by providing pre-trial and court preparation services, often in collaboration with Civil Society Organisations (CSO), at its sixty-one (61) Thuthuzela Care Centres (TCCs) across the country. These one-stop centres provide a variety of essential psycho-social, medical and legal services thus creating a safe space for child victims to report offences against them and receive services that are empowering them to transform into survivors. Specialised training is also provided to prosecutors in dealing with child victims and their testimonies. Whilst prosecutors in court are prioritising these matters, data is not kept for offences committed against children specifically.

During Quarter 1 of 2021/22 financial year (April to June 2021), the following was not recorded in respect of crimes against children:

1. The total of successful convictions;
2. The total number of dismissals or acquittals, nor the reason(s) for the acquittal;
3. The information regarding cases withdrawn by the victim and /or victim’s family;
4. The number of cases awaiting trial;
5. The number of cases awaiting sentencing; and
6. The NPA is also unable to supply information pertaining to cases still under investigation in each province for (i) attempted kidnapping and (ii) human trafficking.

Having regard to the above, it is respectfully submitted that the Police Ministry is better placed to respond to the questions asked.

Reply:

APPLICABLE LEGISLATION

A. The Constitution

a) Section 12(1)(a) of the Constitution of the Republic of South Africa, 1996 (the Constitution), states that a person cannot be deprived of his or her freedom arbitrarily or without just cause.

B) Section 35(1)(f) of the Constitution reads:

‘Everyone who is arrested for allegedly committing an offence has the right (f) to be released from detention if the interests of justice permit, subject to reasonable considerations’.

B. Criminal Procedure Act No. 51 of 1977

(a)  Section 60(1)(a) of the Criminal Procedure Act 51 of 1977 (the Criminal Procedure Act) states: “An accused who is in custody in respect of an offence shall be entitled to be released on bail at any stage preceding his or her conviction in respect of such offence, if the court is satisfied that the interests of justice so permit”.

(b) Section 60(4) of the Criminal Procedure Act lists the grounds on which it would not be in the ‘interests of justice’ to grant an accused bail. Broadly, these are, where there is likelihood that the accused, if released on bail, would:

1. endanger the safety of the public or any person or will commit a schedule 1 offence;
2. attempt to evade trial;
3. attempt to influence or intimidate witnesses or to conceal or destroy evidence;
4. undermine or jeopardise the objectives or the proper functioning of the criminal justice system; or
5. where in exceptional circumstances, there is the likelihood that the release of the accused would disturb the public order or undermine public peace or security.

These interests must be weighed against the right of the accused to his or her personal freedom, in particular, the prejudice he or she is likely to suffer, if not admitted to bail.

c) It is imperative to note that applications for bail are directed to Presiding Officers who must decide if it is in the interest of justice for an accused to be released on bail (where a person is charged with an offence listed in schedule 5 of the Criminal Procedure Act), or if there are exceptional circumstances for an accused to be released on bail (where a person is charged with an offence listed in schedule 6 of the Criminal Procedure Act).

1. (a) The National Prosecuting Authority (NPA), in articulating its attitude on whether

to oppose bail or not, is guided by the legislative framework set out above, being the Constitution and the Criminal Procedure Act.

The role of the NPA in a bail application court process is to adduce evidence which is intended to assist the court to determine whether the accused is a suitable candidate to be released on bail or not, and to also counter evidence submitted by the accused, where one or more of the grounds stated in Section 60 (4) of the Criminal Procedure Act are established.

Every application for bail is approached and dealt with on its own merits, after careful consideration of the merits of the case.

Where a municipal official or any other person is applying for bail, and one or more of the grounds stated in Section 60 (4) of the Criminal Procedure Act are established, the NPA has a duty to oppose the application for bail and does oppose bail.

It, however, remains the discretion of the court to decide whether the accused is granted bail or not.

2. The NPA views the offence of corruption as serious cases against the State, and the people. This was prioritised in the NPA six (6)-months’ planning process. The NPA endeavours to ensure that criminal prosecutions are initiated against persons if there is sufficient evidence that points to them as having committed offence/s of corruption, once investigations are finalised.

This also relates to allegations of corruption emanating from the State Capture Commission recommendations. In this regard, the NPA undertook, and has fulfilled its public commitment made to Parliament in May 2022, to enroll nine (9) seminal cases related to State Capture by the end of September 2022.

In those six (6) months, the NPA also made significant progress in prosecuting another wave of cases which are of equal importance in its drive to ensure accountability for corrupt activities. Although these cases do not get the same level of public and media attention, they collectively involve billions of rands that have been stolen from the public purse, often by collusion between officials of the State and people in the private sector, and enable the NPA to deal, bit by bit, with corruption across the public and private sectors.

These include several cases being pursued in the provincial divisions by Specialised Commercial Crime Unit (SCCU) prosecutors and other prosecutors tasked with guiding criminal investigations and conducting prosecutions.

Of pertinence in the novel approach to expediting State Capture and complex corruption cases, is the role of the Task Force, which brings together in closer collaboration, key role players in these cases. The Task Force includes several NPA units, including Directors of Public Prosecutions, Asset Forfeiture Unit, Investigating Directorate, Strategy, Operations and Compliance (SOC) Unit as well as the Directorate for Priority Crime Investigations (DPCI). In some cases, working with Counsel from the private sector has also borne remarkable fruits.

The recent enrolment of the seminal cases and other complex corruption cases guided through the Task Force, has therefore been by design and not by default. This has been a collective effort by prosecutors, investigators, analysts and other DPP and NPA staff members with specialised skills and is indicative of the seriousness the NPA views corruption allegations.

(a) Further, the 2022/23 Annual Performance Plan (APP) of the NPA provides that, while ensuring justice for the many victims of crime is core to the operations of the National Prosecutions Service (NPS), its priorities include dealing with corruption, fraud, and complex commercial crime.

As such, the NPA recognises that corruption, amongst others, disproportionately affects the poor and vulnerable, and is a burden to the South African economy.

Reply:

I have been informed, by the Department of Justice and Constitutional Development’s Provincial Head: Western Cape, that facilities related challenges were resolved on 18 October 2022. Contractors were called to conduct an assessment and repair. Using the Departmental delegation, all lights were repaired, and globes were also fitted. This was confirmed when the Provincial Head and in his delegation visited the service point to test functionality. The newly appointed Area Court Manager conducts weekly inspections on the building to ensure that all defects are noted and resolved.

Ablution facilities, CCTV, generator gauge and emergency lights are linked to the central biometric system. This system was affected during the municipal electrical power outage which affected the entire area including the court. As soon as the municipal power was restored, the Court Management logged a call to ensure that affected biometric system is also restored.

Reply:

There is a term contract in place with the Department of Public Works and Infrastructure which covers for the repair and service of the Heating, Ventilation and Air Conditioning (HVAC) system. The contract commenced on 01 April 2021, and is due to expire in April 2023.

The Court Manager of the Supreme Court of Appeal (SCA) has advised that the project instruction to replace chillers and the air conditioning units at the SCA has been issued to the Free State Regional Office of the Department of Public Works and Infrastructure (DPWI) on 18 February 2022. The assigned project manager, held a site briefing meeting between the Supreme Court of Appeal and the professional team from the DPWI Head Office on 12 May 2022. The commissioned engineers conducted a conditional assessment of the HVAC system.

However, due to the fact that the system is very old, the HVAC system has a history of continuous breakdowns and it was therefore recommended that the system be replaced due to lack or unavailability of spares since the system is too old. The system was repaired in numerous occasions without any lasting or long-term solutions.

Currently, there is a plan to replace HVAC system, and the project is in planning phase. The DPWI confirmed that the tender processes will commence in the 2022/2023 (December 2022/January 2023) Financial Year and that the project is earmarked to be completed in the 2024/2025 Financial Year.

Reply:

(a) and (b) The day-to-day maintenance of each Superior Court remains the responsibility of the respective Court Managers. The Court Manager of the Supreme Court of Appeal (SCA) has advised that the Facilities Management Unit of the Department of Public Works and Infrastructure (DPWI) fixed both the sump pumps and the lifts were back in service on 28 April 2022.