Questions and Replies

Filter by year

19 October 2022 - NW2484

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

What number of cases of rape have been heard in courts in the (a) 2017-18, (b) 2018-19, (c) 2019-20, (d) 2020-21 and (e) 2021-22 financial years. 2) What number of cases of rape have (a) been prosecuted successfully and (b) failed to secure a guilty verdict in each of the specified financial years; 3) What (a) has he found were the different reasons why cases could not be prosecuted successfully and (b) total number of cases failed to reach a successful prosecution due to each of the specified reasons; 4) Whether he will make a statement on the matter?

Reply:

1. The only courts that have jurisdiction to hear rape cases are the Regional and High courts. The following number of verdict cases related to rape were heard in the Regional courts, and were extracted from the Electronic Case Management System in the Lower courts:

YEAR

VERDICTS

2018/19

4 215

2019/20

3 984

2020/21

617

2021/22

2 789

2. The following table reflects the number of cases finalised in the past five (5) years, both with convictions as well as acquittals in the Regional courts:

YEAR

CONVICTIONS

ACQUITTALS

CONVICTION RATE

2018/19

2 820

1 395

67%

2019/20

2 684

1 300

67%

2020/21

435

182

71%

2021/22

1 821

968

65%

Although no electronic system for the recording of court cases have been introduced for the High courts, the general conviction rates of the High courts, which include the charges of rape, is reflected in the table below:

YEAR

CONVICTIONS

ACQUITTALS

CONVICTION RATE

2018/19

868

97

90%

2019/20

782

78

91%

2020/21

542

36

94%

2021/22

647

65

91%

3. (a) The reasons for acquittals are not recorded in each case. The prosecution will

present its case and lead evidence regarding the charges as contained in the police docket. The evidence of witnesses will then be tested during cross-examination in court by the defence. The presiding officer, after also hearing the evidence by the accused and/or defence when they have witnesses, will then make a judgement in the case. The burden of proof is beyond a reasonable doubt in criminal cases. It is important to note in this regard that the judgement of the court is based on all the evidence in court, considering as well circumstantial evidence, evidentiary rules and reliability of the evidence. There is seldom only one reason for either any acquittal or conviction as the court needs to weigh all the evidence before a conclusion may be reached. Some of the more common reasons that are included where convictions are not achieved include:

  1. Consent – it is often difficult to disprove consent where the rape has not resulted in any injuries or where circumstances may not support an inference to be drawn from the facts of the case;
  2. Identity – where the accused was not previously known to the victim, the identity may often be difficult to prove, especially in the absence of DNA or other evidence to support the identification of the accused. Unlike theft where articles may be found in possession of an accused to link them to an offence, there is seldom physical evidence to link the accused and the court has to e satisfied that the way identification took place, the method and circumstances in which the identification was made and reasons for identification are reliable and is trustworthy.
  3. Witness(es) in some cases either detract from their statements, deviate from consultation, or make concessions during cross-examination.
  4. Credibility findings are very important as in most instances with rape charges, the victim is the only witness that can testify on behalf of the State regarding the elements of the crime to be proved which include the identity, absence of consent, the place, and circumstances in which the crime was performed and the first reporting of the incident.
  5. Less common reasons include key witnesses not being available for testimony, contradictions in evidence by State witnesses and alibi evidence of accused that cannot be disproved.
  6. The complainant changes his or her version exonerating the accused.
  7. Forensic evidence exonerates the accused.
  8. Other evidence exonerates the accused.
  9. Complainant not in a fit mental state due to the trauma she/he endured.

b) The numbers of acquittals have been reflected above. However, as indicated in paragraph 3 (a) above, it is not possible to record each reason in isolation, it is important to note that even where the court may not be satisfied that the evidence is insufficient to prove the commission of an offence of rape, the court may still convict and often does, convict the accused on a competent verdict such as indecent assault, assault to do grievous bodily harm or assault common.

4. The State is aware of the difficulties in proving cases of rape, as well as similar sexual offence charges, including general Gender Based Violence and Femicide (GBVF) related offences. The National Prosecuting Authority as well as the Department of Justice and Constitutional Development, in cooperation with other Government departments are doing a lot of work in this regard. One of the most important initiatives in this regard is the establishment of the various Thuthuzela Care Centres (TCCs) in the country where victims are being assisted, evidential support is provided including counselling for victims and matters can be reported. The prosecution is also assisting victims at court by means of Court Preparation Officers to prepare witnesses for court and facilitate victim impact statements in sexual offences matters.

It is also important to note that rape is one of the most difficult offences to prove beyond reasonable doubt, the crime has been committed by the specific accused. The conviction rate in general sexual offences, all crimes in terms of the Sexual Offences Act, Act No. 32 of 2007, is remarkably higher as indicated in the table below:

YEAR

CONVICTIONS

CONVICTION RATE

2018/19

4 724

74.4%

2019/20

4 098

75.2%

2020/21

2 539

75.8%

2021/22

3 402

74.2%

18 October 2022 - NW2544

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

What (a) total number of cases of abuse (sexual and psychological) of inmates by correctional officers have been reported to his department over the past five years and (b) steps has his department taken to resolve the phenomenon of the abuse of inmates by those who are meant to protect them?

Reply:

Any abuse of inmates is against the departmental code of conduct.

a) Department of Correctional Services has the following reported incidents of abuse on inmates by the officials reported over a period of five (05) years:

Period

Type of complaint

Alleged number of officials

2017/18

None

None

2018/19

None

None

2019/20

None

None

2020/21

None

None

2021/22

02: sexual abuse

02

 

01: psychological abuse

 

b) In line with the departmental code of conduct, disciplinary processes were undertaken with the following outcomes:

Period

Type of complaint

Outcome of disciplinary process

2017/18

None

None

2018/19

None

None

2019/20

None

None

2020/21

None

None

2021/22

02: sexual abuse

01 official was not found guilty.

01 official was dismissed.

 

01: psychological abuse

02 officials were given written warnings

END

18 October 2022 - NW3366

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

Whether, in view of the fact that correctional service centres generate lots of food from farming and making furniture, there is any plan in place that will see to it that the system produces for the rest of the Republic, thereby insourcing the skills and turning it into a state-owned entity; if not, why not; if so, what are the relevant details?

Reply:

The department is currently implementing the Strategic Framework on Self-sufficiency and sustainability (launched 01 April 2021), with the aim to increase the generation of food and other products. This is derived from the Correctional Services Act Section 3(2)(b) of the Correctional Services Act, Act No. 111 of 1998 as amended: “the department must as far as practicable be self-sufficient and operate according to business principles”.

DCS embarked on a process to incrementally increase self-produce food stuff and provide furniture and other products for own use and as ordered by other government departments. However, we have not been able to provide 100% in all of the needs of the inmates. The following progress has been recorded since the launch of the Strategic Framework on Self-sufficiency and sustainability:

  • Vegetables from DCS farms, we recorded an 89% self-sufficiency;
  • Fruit 78;
  • Red meat and pork in access of 90%; &
  • 100% self-sufficient in provisioning of eggs for inmate meals (ration)

This is an ongoing process of DCS investing in machinery and equipment in order to increase the level of sufficiency with the aim to eventually provide for the majority of food and other products to be used and or consumed by inmates.

Research is being conducted regarding the possibility and capacity to in source completely, which will then guide the possibility to provide outside of DCS.

END

14 October 2022 - NW2869

Profile picture: Chabangu, Mr M

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

In light of the high crime rate in the Republic, what plans has his department put in place to build more correctional facilities?

Reply:

The department is currently undertaking the below listed projects to address inmate accommodation

PROJECT

COMMENTS

The repair and upgrade of the Integrated Security System at Emthonjeni Youth Facility to restore 288 bed spaces

Progress is at 85% and completion is estimated for March 2023

The upgrading of Parys Correctional Facility to provide an approximate of 250 beds

Construction is at 55%, completion is estimated for 03 April 2023.

The upgrading of the Burgersdorp Correctional Facility to a new generation Facility to provide an approximate of 500 beds

Site was handed over to contractor in April 2022, construction is in the initial stage with an estimated completion of June 2026

The upgrade of the Litchenburg Correctional Facility to provide an approximate of 500 bed spaces

Design is at advanced stage, department in discussions with Local Municipality on supply of bulk services.

Construction of Richards Bay Correctional Facility with an approximate 1000 bed spaces

Consultants have been appointed by Department of Public works and Infrastructure and are busy with planning on all three projects.

Construction of Kirkwood Correctional Facility with an approximate 500 bed spaces

 

Construction of a new facility at Leeuwkop with an approximate 1500 bed spaces

 

END

14 October 2022 - NW3002

Profile picture: Malatsi, Mr MS

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

Whether he and/or his department submitted a policy review document and/or any other government policy document to structures outside of the Government, either to private and/or external structures or structures of any political affiliation during the past five years; if not, what is the position in this regard; if so, (a) will he furnish Mr M S Malatsi with copies of all such documents and (b) what are the reasons that the Government documents were provided to each structure?

Reply:

The Department of Correctional Services did not submit a policy review document and/or any other policy document to external structures or structures of any political affiliation during the past five (5) years.

a) Not applicable.

b) Not applicable.

END

13 October 2022 - NW3459

Profile picture: Luthuli, Mr BN

Luthuli, Mr BN to ask the Minister of Justice and Correctional Services

(1)What (a) number of times has his department been sued for crimes committed by repeat offender parolees in the past five years and (b) amount in Rand has his department paid in the specified cases; (2) whether there are any mechanisms in place to make the citizens of the Republic aware of their rights in instances where parole boards fail to do their investigation of parolees effectively; if not, why not; if so, what are the relevant details of the mechanisms?

Reply:

(1)(a) number of times has his department been sued for crimes committed by repeat offender parolees in the past five years

(1)(b) amount in Rand has his department paid in the specified cases;

13

NIL

2. The Department of Correctional Services (DCS) utilises various communication methods, including key messages, video-clips, publications, pamphlets, website, social media, community outreach, media engagement, marketing and advertising, events and other opportunities, to support efforts to make citizens aware of their rights.

It is evident that communication effort and consistency have over the years yielded positive outcomes in raising public awareness on DCS main functions. These are attributed to the continued educational programmes that DCS has constantly embarked on over the years to highlight its main functions to South African citizens through various media platforms i.e TV and radio.

Though the awareness of the functions of DCS to rehabilitate and re-integrate offenders into society started on a low base, continuous and purposive communication succeeded in increasing the level of awareness in these areas.

Informed by research, programmes such as Yobe, CorreXions and community outreach programmes were put together and seem to have contributed in showing increased awareness of the role of DCS over time.

Changing public opinion or views takes time. This is clearly seen from the trended data on DCS indicators that have been tracked over time.

Case Management Committees (CMC compile Correctional Sentence Plans (CSP) for all offenders serving sentences of longer than 24 months. The CSP spells out the interventions proposed to address the needs and risks of an offender that were identified during an assessment of the offender. These interventions are implemented and monitored over the duration of the sentence and inform the basis for the Correctional Supervision and Parole Boards (CSPBs) granting or declining Parole for any given offender. It must be noted that CSPB’s are not responsible for monitoring Parolees serving their sentences outside the bounds of a correctional facility as this is a function carried out by Community Corrections in the Department.

The day to day monitoring of Parolees by Community Corrections is conducted by allocation of resources for physical monitoring, office consultation, telephone monitoring where applicable, community service and programme attendance. The nature and frequency of monitoring an offender is based on their specific profile. Any violators of Parole conditions are sanctioned and where the gravity necessitates they are returned to continue serving their sentences in a Correctional Facility.

END

13 October 2022 - NW3160

Profile picture: Horn, Mr W

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

Whether the functionality of the (a) court recording technology and (b) closed-circuit television systems were fully functional in respect of each sexual offences court in the Republic on 1 June 2022; if not, what steps are being taken to restore the court recording technology and closed-circuit television to its full functionality; if so, what are the relevant details; (2) (a) which sexual offences courts in the Republic are not benefitting from the services of a full-time specialist interpreter who has received training on child development and working with persons with a mental disability and (b) what plans are in place in order to ensure that each of the courts benefits from the services of a full-time specialist interpreter?

Reply:

1. I wish to acknowledge the challenges that the Department has in ensuring that the Court Recording Technology (CRT) and Sexual Offences Courts’ Systems (SOS), are fully maintained and functional. The Director-General and his Team are working very hard to restore functionality, ensure that relevant technology is available in courts, and ensure that courts are functional. Meetings with relevant Departmental officials, in the National and Provincial Offices, and the current service provider (Datacentrix), are held on a weekly basis to strategically discuss challenges and progress on the project.

a) As at 1 June 2022, there were 1 566 functional CRT machines (77%) and 548 non-functional machines (23%). As of 10 September 2022, 1 794 machines were fully functional (88%) as compared to 230 (12%) that are non-functioning.

b) The number of SOS, that were functioning on 1 June 2022, were 270 (67,8%), and 128 (32,2%), were non-functioning. As of 10 September 2022, 319 (80,2%) SOS were fully functioning, and 79 (19,8%) were not functioning.

Between July 2022 and August 2022, 50 SOS court rooms were upgraded from old to new technology (SOS), and in those courts, the systems are stable. 110 SOS court rooms have been identified for the next phase of the upgrade. The Project is anticipated to be completed by 31 December 2022, where-after all problematic SOS court rooms will be fixed.

The Alternative SOS Solution, that has been considered and is being used by some Provincial Offices, is an attempt to temporarily substitute the normal SOS in the Courtrooms by utilizing the below IT equipment:

  • Video-Conferencing Capable Laptops – These devices are meant to connect the Intermediary room and the court room together utilizing two (2) laptops that have built-in camera, microphone and a wireless adapter to ensure that child victims can be both seen and heard during testimony by court participants, and most importantly recorded during the session.
  • The other supporting equipment used are lapel microphones (clip-on microphone) for the child victim and headphones with a mouthpiece for the intermediary officer – these ensure sound is carried from both the intermediary officer and child victim into the court.
  • The other supporting equipment used in the solution, is the conferencing speakerphones (conference microphone) – This is used to pass/communicate testimonies into the working CRT or alternatively used to record sound from the intermediary and other present court participants into an actively recording laptop via the built-in voice recorder app.
  • The platform that is being used to connect the two rooms together is, MS Teams (other Video-conferencing platforms can be used but since this solution is being paid for in-house, that is why Kwa-Zulu Natal chose to use it).
  • In closing, other video-conferencing solutions are currently being explored and tested and the above is subject to change, if other cheaper/ cost effective means are found to be stable and efficient.

2. I wish to inform you that the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), does not specifically provide for the appointment of specialist interpreters. However, I wish to inform you as follows:

a) There are no posts created for Special Court Interpreter for the Sexual Offences Courts. Currently, the placement of interpreters in Sexual Offences Courts and matters involving children, people with disabilities and other vulnerable witnesses are mainly based on experience, character and demeanor of the Interpreter.

b) The Department, working closely with the Judiciary and Prosecutors, will design a programme that will be offered to Sexual Offences Courts’ Interpreters. This programme will focus on issues such as child development, needs of people with disabilities and complexities relating to sexual offences.

13 October 2022 - NW3036

Profile picture: Pambo, Mr V

Pambo, Mr V to ask the Minister of Justice and Correctional Services

What total number of departmental officials are (a) serving sentences for smuggling contraband into prison cells, (b) facing criminal charges and (c) facing internal departmental probes on smuggling contraband, but without formal criminal charges arising from a criminal case?

Reply:

a) There are three (03) officials serving sentences for smuggling contraband into prison cells as follows:

  • 02: Limpopo, Mpumalanga & North West (LMN) Region
  • 01: Eastern Cape Region (EC)

b) A total of 19 officials are facing criminal charges in the following regions.

  • 11 cases from KwaZulu-Natal Region
  • 03 cases from EC Region
  • 02 cases from LMN Region
  • 03 cases from Gauteng Region

c) The total number of officials facing internal departmental probes on smuggling contraband without formal criminal charges for the past two financial years including the current financial year as follows:

Financial Year

Total Number

2020/2021

34

2021/2022

104

2022/2023 (April-August 2022)

56

END

13 October 2022 - NW2543

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

Noting that most correctional centres are without functional electrical fences and flood lights, what measures have been taken by his department to fully insource the protection services of its correctional centres, without delegating responsibility to the Department of Public Works and Infrastructure (DPWI)?

Reply:

All Protection services at correctional centres under the management of the Department of Correctional Services (DCS) are insourced not outsourced. The Department has further diversified the Infrastructure Procurement Strategy by appointing additional Implementing Agents to fast-track infrastructure projects, inclusive of maintaining fences and Integrated Security Systems (ISS) in order to be less reliant on DPWI.

During the 2021/2022 financial year the Department implemented contracts to maintain Integrated Security Systems (ISS) at prioritised correctional centres. These contracts included the maintenance of existing security fences which are equipped with detection systems.

In addition, under 2022/23 financial year, the Department has finalised the planning and design for the implementation of 36 month maintenance contracts on ISS. The tender was advertised during June 2022, and will be implemented by the Independent Development Trust (IDT). The proposed contracts will include the maintenance of security fences, access control systems, detection systems, monitoring systems and lighting systems. A 09 Kilometre perimeter fencing project at Mthatha Management Area, inclusive of a patrol road, is currently under construction, which is implemented by the Development Bank of Southern Africa (DBSA).

Furthermore, on a frequent basis the Department conducts maintenance of fences under the auspices of the day-to-day maintenance allocation and in terms of the Capital allocation.

END.

13 October 2022 - NW2763

Profile picture: Breytenbach, Adv G

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

(a) What total amount has his department spent on external consultants in the period 1 May 2019 to 31 May 2022?

Reply:

a) The Department of Justice and Constitutional Development spent R537 million on external consultants between 01 May 2019 and 31 May 2022, as depicted on the table below:

DEPARTMENTAL SPENDING ON CONSULTANTS FOR THE PERIOD 01 MAY 2019 31 MAY 2022

Description

Periods

Total

 

01 May 2019 - 31 March 2020

2020/2021 Financial Year

2021/2022 Financial Year

01 April 2022 - 30 May 2022

 

Department

R29 241 527.43

R30 552 650.95

R46 646 953.27

R4 968 853.16

R111 409 984.81

State Capture Commission

R222 144 229.73

R100 013 032.00

R103 414 189.44

R142 294.00

R425 713 745.17

Total

R251 385 757.16

R130 565 682.95

R150 061 142.71

R5 111 147.16

R537 123 729.98

13 October 2022 - NW3467

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

(1)What remedial measures will he and/or his department implement to (a) overcome the systematic parole delays and (b) ensure the strengthening of the parole and monitoring system in order for parolees to adhere to their parole conditions; (2) whether his department has engaged with community members through programmes to secure a partnership with the community as an addition to the monitoring system; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

(1)(a) The Department has implemented the following remedial measures to strengthen the parole system:

  • Ongoing training is provided to the Case Management Committees (CMCs) and Correctional Supervision and Parole Boards (CSPBs) as they are responsible for case management and consideration process. The training focuses on parole policy procedures, decision making tools and calculation of release dates amongst others.
  • The CMC compile Correctional Sentence Plan (CSP) for all offenders serving sentences of longer than 24 months. The CSP spell out the interventions proposed to address the needs and risks of an offender that were identified during an assessment of the offender.
  • Quality assurance teams were established at the Management/ Regional and Head Office (Directorate Pre-Release Resettlement) to assist with the improvement of the quality of profiles submitted to CSPB, National Council for Correctional Services (NCCS) and the Minister of Justice and Correctional Services for consideration for possible placement on parole.

(1)(b) Monitoring and supervision of Probationers, Parolees and Awaiting Trial Persons (ATP) is a human capital-intensive activity. 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. In 2021/2022 a total of five hundred and eighteen (518) vehicles were allocated to 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). 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.

The establishment of 219 offices, 57 satellite offices and Service Points for easy access of services contributes positively to the compliance with conditions, ensure visibility and strengthening of the monitoring system.

(2) Yes, an integrated approach at District level and national department enables continuous consultations with traditional leaders, counsellors and relevant department to ensure that they assist the department during reintegration process to accelerate and augment monitoring. Partnerships were formalised with Traditional Councils at each Community Corrections Office, and Traditional Councils offices are used as community service centres, where parolees and probationers render services as part of their conditions of parole. Community establishments such as schools, churches, police stations, and other public spaces are used as service points to enhance the monitoring systems

The Department of Correctional Services has the community reintegration programme in place for networking and social profiling of communities and identification of stakeholders who can assist in the monitoring and supervision of parolees and probationers.

END

11 October 2022 - NW2952

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Justice and Correctional Services

Whether, with reference to his reply to question 1791 on 5 August 2022, and with regard to the status of each prosecution relating to the July 2021 uprising, what are the specific reasons and further relevant details, besides insufficient evidence, for withdrawing the charges against Mandla Mahlangu, Sibusiso Mavuso, Mbonani Clarance Tabane, Joe Bernington Mabaso and Montsamai Phineas Letsoalo, since the persons had already been arrested with cause during the uprising; (2) Whether (a) any evidence and/or docket was lost, destroyed and/or tampered with and/or (b) the chain of command was broken which led to the withdrawal of the charges; if not, what is the position in each case; if so, what are the relevant details in each case; (3) Whether he has found that any withdrawal of any of the cases was due to negligence on the part of the SA Police Service (a) in the handling of evidence and/or (b) the chain of command being broken; if not, what is the position in each case; if so, (i) in which cases and (ii) how in each case?

Reply:

1. Additional reasons for the withdrawal of cases infra:

a) Mandla Mahlangu

It was alleged that the suspect posted a video inciting violence. However, the person who took the video could not be traced. The matter was accordingly withdrawn by the Director of Public Prosecutions: Mpumalanga Division.

b) Sibusiso Mavuso

It was alleged that the suspect went to Westonaria Pick ‘n Pay and demanded that the manager close the store. He was not wearing a mask, contrary to the Disaster Management Act. It was further alleged that he posted a message on Facebook that allegedly incited violence.

The Director of Public Prosecutions: Gauteng Local Division cited the following reasons:

  • The conduct at Pick ‘n Pay did not comply with the definition of the crime of intimidation. There was however a failure to wear a mask. The witnesses were consulted and contradicted each other materially on the failure to wear a mask.
  • The Facebook post does not amount to any criminal offence at all. It is open to different interpretations and as such there is insufficient evidence with no reasonable prospects of success.

c) Mbonani Clarance Tabane

It was alleged that the suspect called for the blockading of roads and burning of tyres. The Director of Public Prosecutions: Gauteng Local Division reported that:

  • The young witnesses and the informant refused to submit statements.
  • No witness heard the accused instigate anyone.
  • The matter did not relate to the July unrest but a service delivery protest.
  • The matter was then withdrawn due to insufficient evidence.

d) Joe Bernington Mabaso

Allegedly charged for incitement based on information received from a whistle-blower. The Director of Public Prosecutions: Gauteng Local Division provisionally withdrew the matter pending a statement from the whistle-blower.

Investigations is still underway and guided by the NPA.

e) Montsamai Phineas Letsoalo

It was alleged that the suspect allegedly instigated looting. The matter was provisionally withdrawn by the Director of Public Prosecutions: Free State pending outstanding digital forensic investigations by the DPCI. The case docket has not yet been resubmitted to the prosecution for a decision.

2. In the Sibusiso Mavuso matter (as mentioned in 1(b) above), the detectives recently advised that the video footage of the suspect at Pick ‘n Pay had gone missing. They have been instructed to continue their search thereof.

3. There is no indication that any of the matters were withdrawn due to negligence on the part of the South African Police Service in the (a) handling of evidence and/or (b) the chain of command being broken.

END

11 October 2022 - NW3367

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

What (a) steps has he taken recently to resolve the backlog at the Masters Office to allow families of deceased persons to move on with their lives and (b) has he found are the reasons that persons in the Eastern Cape, from as far away as Mt Ayliff, must travel to the Masters Office in Mthatha to have their estates resolved?

Reply:

a) Since the advent of democracy the services of Master had to cover all South African citizens, but that happened only some eight years later with the Constitutional Court’s decision in the Bhe-matter, declaring Reg. 200 of the Black Administration Act unconstitutional and ordering that the Master should now deal with all deceased estates in the country.

The Master’s Office received a huge influx of work since then, but the office is properly capacitated. This is where the Masters’ struggle against backlogs started. Years of being understaffed, ever increasing workload, COVID, system and network challenges, to name but a few, as well as lack of sufficient budget, undermine efforts of the Masters offices to function optimally.

In spite of all of this, the clearing of the backlog is included in indicator 5.9 of the approved Annual Performance Plan 2022/23 for the Master’s Branch, as one of the turnaround strategies to be implemented.

During Quarter 1, the offices determined their backlog and created the baseline lists of matters outstanding. During Quarters 2 and 3, the offices will attend to these matters, by also making use of overtime, in order to reach the Masters indicated target of 100% of the determined backlog cleared by 31 December 2022.

It should however be noted that this target can only be achieved in an enabling and stable work environment and can thus be negatively impacted by the following risk factors:

(i) Stability and availability of the electricity supply to offices (loadshedding is delaying finalisation of matters even during scheduled overtime periods);

(ii) The Department stabilizing and improving the IT systems to enable officials to work seamlessly and without downtime and system errors (e.g. for more than a month now, the Department has been experiencing network and hardware related problems, in which is affecting performance and connectivity to the applications used by the Masters – to date this has not been resolved);

(iii) Stability in the availability of the workforce, mindful of the fact that the wage negotiations have not been finalized and Labour Unions may still call on officials to down tools;

(iv) Finding the critical posts once a scientific determination of appropriate capacity for Masters. Some offices are critically understaffed and do not have the luxury of having time on hand to attend to extra work, whilst also adequately assisting the public, queues and correspondence on a daily basis;

(v) Successful and speedy procurement of new printers as well as multi-functional scanners to ensure better operations.

b) The Eastern Cape has four (4) Master’s Offices, namely Mthatha, Grahamstown, Bisho and Gqeberha.

Furthermore, the Paperless Estates Administration System (PEAS), which computerises the administration process related to deceased estates, has successfully been rolled out and is being used by 290 service points (Magistrate Courts) country wide, of which 27 (including Mt Ayliff) falls within the Mthatha Master’s Office jurisdiction, 11 in Grahamstown’s jurisdiction and 8 in Port Elizabeth’s jurisdiction, (please indicate number of Service Points for Bisho as well).

All Magistrate’s Offices are Service Points of the Master, but the rolling out PEAS to Service Points enables those Service Points to do estate of a higher value, as they are linked with the relevant Masters’ offices, who then are able to oversee the appointment process in those Service Points, and thus ensuring that the whole country receives the same service and are able to access the same quality of services provided directly at Master’s Offices, without the need to travel long distances to the 15 Master’s Offices countrywide. This is to bring services to the people and underscore the drive for access to justice.

The following estates may be reported at Service Points (Magistrate Courts):

- If the value of the assets is, or appears to be, below R125 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death;

- If the value of the assets is, or appears to be, below R250 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death, where the Paperless Estates Administration System (PEAS) has been rolled out.

All other estates need to be reported at the Master though, but it should be noted

that the reported documents can also be posted or couriered to the Master – the

family need not be physically present at a Masters to report an estate.

Future plan involves the online systems which will cause people with requisite knowledge to report estate from their knowledge to report estate from their homes or offices. Reducing footprint of walk-ins in the Masters offices.

END

11 October 2022 - NW3088

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Justice and Correctional Services

Whether, with the President’s Fund having been established as a fund for economic restitution for individuals severely affected by Apartheid, with guidelines set out by the Truth and Reconciliation Commission (TRC), he has found that there is a large number of South Africans who were excluded from the TRC restitution and who still suffer from the effects of Apartheid; if not, what is the position in this regard; if so, what amount of the President’s Fund has been used in providing economic restitution to the victims who were excluded?

Reply:

The guidelines set by the Truth and Reconciliation Commission (TRC) on page 86 of volume 1 of the TRC of South Africa Report states the following:

a) The TRC Report stated that it adopted a closed-list approach in order not to impose a huge burden on government in that “there would be no value in simply handing the government a list which included a broad category of unidentified persons for consideration as victims deserving of reparations”.

b) The TRC Report further stated that the “Commission had made considerable efforts to reach all parts of the country and to disseminate information on how to make a statement. Those who had chosen not to do so should not, therefore, be included”.

c) The TRC did recognise that “some had elected not to make statements as a matter of political choice”.

d) nThe TRC indicated that “it would have been unrealistic to give the government what would in effect, have been an open-ended list and, on this basis, to expect the state to make a commitment to paying reparations”

The TRC resolved to confine the number of victims eligible for reparations to three (3) areas:

a) Victims who personally made statements to the Commission.

b) Victims named in a statement made by a relative or other interested person for example a colleague, friend or neighbour. These are statements made on behalf of and in the interests of specific persons.

c) Victims identified through the amnesty process.

What is the position in this regard to a large number of South Africans who were excluded from the TRC restitution and who still suffer from the effects of Apartheid?

In terms of current legislation, the President’s Fund effectively makes reparation payments only to victims who made statements to the TRC before 15 December 1997, and who are declared as TRC identified victims of gross human rights violations.

What amount of the President’s Fund has been used in providing economic restitution to the victims who were excluded?

There is no amount from the President’s Fund that has been used to provide reparations to victims who did not make statements to the TRC before 15 December 1997, and who are not declared TRC identified victims of gross human rights violations.

11 October 2022 - NW3038

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

Whether, in respect of the Insolvency Act, Act 24 of 1936, which refers to a threshold of £50 to sequestrate any debtor, his department has any plans to introduce amending legislation to the specified Act to (a) raise the specified threshold and (b) provide for debts such as student loans, home loans and food to be excluded from the harsh reality of the consequences of sequestration?

Reply:

The Insolvency Act, 1936 (Act No. 24 of 1936) (“the Act”) is part of apartheid era legislation which the Department is currently reviewing with the aim of aligning the legislation with the Constitution of the Republic of South Africa, 1996 , and modernising the legislation.

One of the objectives of the draft Bill is to create a legislative framework that is based on the balancing of the conflicting interests of the stakeholders in insolvency proceedings, as opposed to the current legal framework that places emphasis on the best interest of the creditors.

The Department is currently processing a draft Insolvency Bill (the draft Bill”). The issue raised is provided for in section 9(1) of the Act. According to this section a creditor who has a liquidated claim for not less than fifty pounds against a debtor who has committed an act of insolvency, or who is insolvent, may petition the court for the sequestration of the estate of that debtor. Clause 2 of the draft Bill deals with this aspect of the question.

With the assistance of the Reserve Bank, the value of the 50 pounds was calculated at around R22 500 (and 100 pounds is estimated at R45 000) during the last quarter of 2019 (when the clause was crafted).

With regard to the second part of the question, clause 116 of the draft Bill intends to introduce pre-liquidation composition, which allows a debtor with debts not exceeding R300 000, irrespective of their source, to offer a composition to creditors, before the commencement of liquidation proceedings.

Rule 46A of the Uniform Rules of Court requires that judicial discretion be exercised before the primary residence of a judgement debtor is attached with a view to selling it in execution. Rule 46A is not applicable to a debtor whose estate is in sequestration. The Department will, as the Bill is processed further, review the current status, that is, the absence of judicial oversight with regards to the execution of the residential property of a debtor who is in sequestration the light of the provisions of section 26 of the Constitution, which provides for the right to access adequate housing.

Whilst the draft Bill is being processed there are measures in legislation available to persons who are over indebted. Section 74 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) provides for an administration order procedure, which has been described as a modified form of insolvency proceedings. The National Credit Act, 2005 (Act No. 34 of 2005) has introduced debt review as an alternative to sequestration. The Act makes provision for post liquidation composition, and if the offer of composition has been accepted by creditors the insolvent may apply for rehabilitation, which has the effect of putting an end to sequestration proceedings.

END

11 October 2022 - NW2958

Profile picture: Engelbrecht, Mr J

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

Whether there is currently a dedicated legislative drafting unit within his department; if not, why not; if so, what (a) is the current staff complement and (b) are the qualifications of each of the members who constitute the legislative drafting unit; (2) Whether there are any plans in place to augment and/or increase the capacity of the legislative drafting unit within his department; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. Yes. The department does have a Unit that is responsible for the function of drafting legislation as part of the overall responsibilities within the Chief Directorate: Legal Services.

(1)(a)   The current staff complement constitutes of two posts of Director: Litigation and   Senior Legal Administration Officer (MR6).

(1)(b)   Qualifications of each member is as follows respectively:

  • Director: Litigation - B. Proc (Law) and National Senior Certificate;
  • Senior Legal Administration Officer: B- Tech Correctional Services Management, Bachelor of Law and National Senior Certificate.

2. The Department is in the process of capacitating the Unit responsible for the drafting/review of the departmental legislation through creation of a contract post(s) within the scope of Occupation Specific Dispensation for Legal Officers as applied in the Public Service.

It should also be noted that the Director Litigation reports directly to the member Senior Manager Service (Deputy Commissioner on salary level 14) responsible for the entire function of legal service in the Department.

The post establishment of the Chief Directorate Legal Services is a total of 24 posts, of this number 14 are filled and 10 are vacant.

11 October 2022 - NW2953

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Justice and Correctional Services

With reference to his reply to question 1791 on 5 August 2022, what were the specified reasons for the delay of the trial which led to the matter and the case against Mr Orifile Oratile Sedika being struck off the roll; (2) Whether he has found that the negligence of the SA Police Service in any form and/or part caused the delay in the investigation and/or the trial; if not, what is the position in this regard; if so, in what way in each case; (3) What were the specified reasons for the decision that was taken not to prosecute Zamaswazi Zinhile Majozi; (4) Whether he has found that (a) any evidence was destroyed, lost and/or tampered with and/or (b) the chain of command was broken which contributed to the decision not to prosecute being taken in Majozi’s case; if not, what is the position in this regard; if so, (a) how and (b) what are the relevant details; (5) Whether the decision not to prosecute was due to the negligence and/or delay of the SAPS in any form and/or part; if not, what is the position in this regard; if so, (a) in what way and (b) what are the further relevant details?

Reply:

1. Mr Orifile Oratile Sedika

It was alleged that the suspect published social media posts calling for attacks on malls including the Waterfront Mall in Bloemfontein. The matter was struck from the roll due to the delays in finalising the investigations. It is reported that the investigation is now complete, and the matter is with the office of the Director of Public Prosecutions: Free Sate Division for a decision once again.

2. There is no reported evidence that the negligence of the South African Police Service in any form and/ or part caused the delay in the investigation.

3. Zamaswazi Zinhile Majozi

It was alleged that the suspect used her Twitter account to call for looting and public unrest. The Director of Public Prosecutions: Gauteng Local Division withdrew the matter and advised that although the suspect was opinionated, she had refrained from endorsing her followers’ violent actions. There was insufficient evidence to give the court an insight into the suspects state of mind.

4. There was no reported evidence that evidence was destroyed, lost and / or tampered with and / or that the chain of command was broken which contributed to the decision not to prosecute in the Majozi matter.

5. There is no reported evidence that the decision not to prosecute was due to the negligence and /or delay of the South African Police Service in any form.

11 October 2022 - NW2842

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

Whether, with reference to the protection of whistleblowers in terms of the Protected Disclosures Act, Act 26 of 2000, his department has considered including other commercial relationships such as procurement corruption; if not, why not; if so, what are the relevant details; (2) Whether his department will consider (a) a less restrictive witness protection system to offer protection and/or security for more whistleblowers and (b) the formation of a centralised and dedicated whistleblower institution; if not, why not in each case; if so, what are the relevant details in each case?

Reply:

1. The Protected Disclosures Act, 2000 (Act No. 26 of 2000), as amended with effect from 2 August 2017, does not provide for offence-specific disclosures. The term “disclosure” is defined as any disclosure of information regarding any conduct of an employer or of an employee or of a worker of that employer, made by any employee or worker who has reason to believe that the information concerned shows or tends to show one or more of, amongst others, the following:

a) That a criminal offence has been committed, is being committed or is likely to be committed;

b) That a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; and

c) That a miscarriage of justice has occurred, is occurring or is likely to occur.

The Act governs disclosures in all employer/employee relationships. The Act was amended in 2017 to extend the ambit of the Act beyond the ordinary employee/employer relationship by the introduction of two (2) new definitions, namely: that of “worker” and “temporary employment service”.

The amendment of the definition of “employee” was intended to clarify that persons who have worked for another person (for example: former employees) or assisted in carrying on the business of an employer are also included within the meaning of the definition.

The ambit of the Act was also extended to include persons who are employed by temporary employment services. The introduction of the definition of “worker” was based on two (2) reasons. Firstly, independent contractors are not considered as employees in terms of labour legislation and are expressly excluded from the reach of the remedies contained in the labour legislation. Secondly, by defining the term “worker” separately the protection offered by the Act has now been extended to independent contractors, agents and consultants.

The Protected Disclosures Amendment Act, 2017 (Act No. 5 of 2017), also amended the definition of “occupational detriment” to introduce two (2) additional forms of occupational detriment that an employee may be subjected to as a result of having made a protected disclosure, namely:

(i) reprisals such as defamation suits and suits based on the alleged breach of a confidentiality agreement or duty; and

(ii) to include a specific form of detriment typically experienced by contract workers, namely: the loss of a contract or the failure to be awarded a contract.

These amendments, among others, sought to provide protection to whistleblowers in any type of disclosure, not only procurement related, and intends to include the broadest possible protection when disclosures are made by not limiting it to specific actions. There is therefore no need to amend the Act to include procurement related matters as these matters may be disclosed in the context provided in the Act.

2. Research and a benchmarking exercise is being conducted by the Department into the current legal framework relating to witness protection. Proposals to include all whistleblowers within the ambit of the Witness Protection Act, 1998 (Act No. 112 of 2018), and not just witnesses, are being considered. There is currently an entity established in terms of this Act known as the Office for Witness Protection. We are considering the cost implications and an appropriate funding model for the expansion of the current framework.

END

27 September 2022 - NW2283

Profile picture: Weber, Ms AMM

Weber, Ms AMM to ask the Minister of Justice and Correctional Services

Whether his department has a budget for training regarding child maintenance; if not, why not; if so, (a) will he provide Ms A M M Weber with the curriculum used for training and (b) how often does the training take place; (2) What number of (a) legal practitioners, (b) magistrates and (c) maintenance officers are (i) fully trained and (ii) knowledgeable regarding the Maintenance Act, Act 99 of 1998?

Reply:

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

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

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

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

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

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

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

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

27 September 2022 - NW2411

Profile picture: Mente, Ms NV

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

Whether, with regard to his department’s report that 22 211 out of 143 824 applications for protection orders were granted in the 2018-19 financial year, and in light of the evidence that indicates that the figures for domestic violence, including femicide, are alarmingly high, there is a plan to electronically roll out a system to (a) capture applications and (b) issue protection orders which is linked to the police, health and social development systems; if not, why not; if so, what (i) is the date of the of the roll out and (ii) are the further relevant details?

Reply:

a) The Department of Justice and Constitutional Development already has a functional integrated electronic repository for domestic violence protection orders. During 2018/19 financial year, an Integrated Case Management System for Domestic Violence (ICMS: DV) was introduced in all district courts to capture applications for protection orders. This system monitors the flow of these applications in the court system. It further provides for disaggregated sets of data metrics to analyse trends per court, whilst giving a quantitative performance of each province.

In 2021/22 financial year, the Department commenced with the alignment of the ICMS: DV Module to the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021) and the Draft National Directives for the management of this repository. The Draft National Directives were published for public comments on 15 June 2022 and the inputs thereto are being considered for incorporation.

It might also be worth-indicating that in the previous financial year, the Department further commenced with the development of the Online System for Applications for Protection Orders in line with the Domestic Violence Amendment Act, 2021 and its Draft Regulations. The plan is to integrate the Online System with the ICMS: DV as soon as the final Regulations are released. This is to ensure that the domestic violence systems are in sync, coherent and seamless in operations throughout the court system. The closing date for public comments was 14 July 2022 and it is anticipated that the Domestic Violence Regulations will be finalized and submitted to the Minister for approval.

b) The link of the ICMS: DV to key participating Departments is planned to commence in the next financial year (i.e. 2023/2024) as part of the next phase of development. The integration will be housed in the Integrated Justice System (IJS) Transversal Hub where key criminal justice role-players congregate to exchange data.

i. The systems integration between the participating Departments will commence in 2023/2024 financial year as part of Phase 2 of the project, and the rollout thereof is planned for a year later.

ii. Phase 2 of the project will start after the following activities for Phase 1 are completed:

  • The upgrade of the Department’s Data Centre and migration of the systems to the new Infrastructure so as to ensure the stabilization and optimisation of the environment as part of the recovery process from the Ransomware Attack;
  • The incorporation of the requirements in the e-Judiciary Workspace to ensure integration of the administration and judicial functions in domestic violence; and
  • The procurement and incorporation of the Digital signature solution for the Judiciary.

The Phase 1 activities are expected to be finalised before the end of this financial year.

END

27 September 2022 - NW3261

Profile picture: Tito, Ms LF

Tito, Ms LF to ask the Minister of Justice and Correctional Services

Whether he has been informed that at the High Court in Kimberley, Northern Cape, the administration for Letters of Authority only assists members of the public until 12h00, takes two-hour lunch breaks and knocks off at 15h00; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The allegations in the question are untrue. It should be noted that the Master’s Office: Kimberley is open for the public from 7h45 – 12h15 and again from 13h45 – 15h30. Officials however, have lunch break 13h00-13h45 and remain in the office until 16h15 (as per normal working hours).

The time between 12h15 and 13h00 as well as between 15h30 and 16h15, is utilized for attending to administrative, office work and attend to the members of the public that are still in the office.

No public is assisted during the lunch break period, as the office does not want a situation in the office, where a female official sits alone with members of the public during the lunch break (13h00 – 13h45), to avoid possible intimidation or harassment allegations.

Any complaints suggesting the contrary should be brought under the attention of the Head of the Office, Mr Craig Davids, and will be investigated immediately.

27 September 2022 - NW2752

Profile picture: De Freitas, Mr MS

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

(a) On what date was the tender for the beautification and maintenance of the gardens surrounding the Booysens Magistrate Court issued and did the specified tender close, (b)(i) what total number of bidders responded to the tender and (ii) which bidder won the tender, (c) what is the (i) duration and (ii) value of the tender, (d) what are the payment conditions for the tender, (e) on what date did the successful bidder officially commence with work and (f) what are the terms, conditions and minimum standards for the tender and how are they monitored for compliance?

Reply:

a) The beautification of Booysens Magistrate Court was not advertised on tender. The Booysens Magistrate Court’s procurement section requested quotation using the Department of Justice and Constitutional Development’s Justice Yellow Pages (JYP) system to invite Central Supplier Database (CSD) compliant suppliers. Request for quotation was opened on 10 June 2022 with the closing date of 17 June 2022.

b) (i) The total number of bidders that responded to the request for quotations is seventeen (17), all bidders attended the site briefing meeting.

c) (ii) The winning bidder was Lenong M (Pty) Ltd.

d) (i) The duration of the contract is three (3) months.

(ii) The value of the service is R71 300.00.

e) Payments are only processed once the work has been completed and validated by the Court Manager, partial payments are made on monthly basis for the duration of the service.

f) The winning bidder commenced work on 15 August 2022, the delay for commencement of work was due to insufficient tools of trade and labour resources required to implement works needed.

g) The minimum standards were as follows:

  • Gardening services for the entire court yard (back yard, front yard and all sides including weed removal at parking lots.
  • Cutting of all overgrown lawn, grass fields within the court yard.
  • Services include pruning, removal of weeds, tree felling and trimming, lawn stems at perimeter fencing.
  • Using of weed killer on paving, paths and driveways.
  • Supplier to provide their own working tools and labours.
  • Removal of weeds and to see clear on the walk pathway.
  • Supplier to ensure gardening is carried out bi-weekly every month.
  • Ensure to remove all rubble waste from site and disposal thereafter.
  • Bidder to inform the Court Manager prior coming to site to carry out the service in order to ensure that Court serves are not disturbed due to noise.

The terms and conditions were as follows;

  • Quotations should be submitted on or before closing date as specified in the request for quotation.
  • Quotes must include delivery.
  • Quotation should indicate the validity period.
  • Quotation should indicate the delivery period.
  • All prices should be firm for the duration of the quotation.
  • Quote should be strictly to specification.
  • If bidder is VAT vendor, VAT number must be on quote.
  • All quotations above R300 000.00 will be evaluated on 80/20 performance point system.

Monitoring for compliance is done by the Court Management of Booysens Magistrate Court through physical assessment and verification to ensure that the work, which is carried out on site, is per the specification issued out during request for quotation.

27 September 2022 - NW2650

Profile picture: Horn, Mr W

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

Whether any decision has been made by the National Prosecuting Authority on whether any prosecution will be instituted in respect of case number CAS109/09/2021 opened at Parkweg Police Station about alleged financial crimes committed within the administration of the Mangaung Metropolitan Municipality; if not, what is the reason for the failure to take such a decision; if so, (a) on what date was the decision made and (b) what progress has been made in the prosecution process to date?

Reply:

The Specialised Commercial Crime Unit in the Office of the Director of Public Prosecutions Free State on 14 July 2022 declined to prosecute because there were no prospects of a successful prosecution. The facts did not disclose any criminal conduct, and the municipality was advised to proceed with the matter internally.

END

27 September 2022 - NW2198

Profile picture: Horn, Mr W

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

With reference to the target to establish an additional 80 sexual offences courts in the 2022-23 financial year, (a) where will the courts be established and (b) what progress has been made in respect of the establishment of each of the specified courts?

Reply:

a) During this financial year the Department of Justice and Constitutional Development has planned to establish eighty (80) sexual offences courts (SOCs) in terms of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act). This will be the first batch of the section 55A SOCs established in line with the resource specifications of the Regulations relating to Sexual Offences Courts. Many of these courts have been drawn from a pool of courts previously referred to as the MATTSO Sexual Offences Courts in order to bring them into compliance with section 55A of the Act, which requires all sexual offences courts to be established at courts designated by the Minister of Justice and Correctional Services, by way of notice in the Gazette. Below is the list of the planned eighty (80) sexual offences courts:

Regional Divisions

Sexual Offences Courts to be established

No. of SOCs

Eastern Cape

Dimbaza, East London, Port-Elizabeth

3

Free State

Bethlehem, Bloemfontein, Botshabelo, Brandfort, Ficksburg, Harrismith, Koffiefontein, Kroonstad, Ladybrand, Parys, Phuthaditjhaba, Thaba’Nchu, Welkom, Wepener, Zastron

15

Gauteng

Benoni, Booysens, Kagiso, Krugersdorp, Palm Ridge, Pretoria, Pretoria North, Randfontein, Roodepoort, Tembisa, Tsakane, Vereeniging

12

KwaZulu-Natal

Durban, Umlazi, Empangeni, Madadeni, Ntuzuma

Pietermaritzburg, Pinetown, Scottsburgh

8

Limpopo

Giyani, Mahwelereng, Mankweng, Morebeng, Sibasa

5

Mpumalanga

Ermelo, Middleburg, Mbombela, Piet Retief, Secunda

Mdutjana, Thulamahashe

7

Northern Cape

Kimberley, Upington, Springbok, Kathu, Kuruman

Barkley West, Colesburg, Galeshewe, Fraserburg

Kakamas, Postmansburg

11

North West

Potchefstroom, Ga-Rankuwa, Klerksdorp, Rustenburg

Moretele, Mmabatho, Tlhabane

7

Western Cape

Atlantis, Bredasdorp, Cape Town, Khayelitsha

Mitchells Plain, Oudtshoorn, Paarl, Parow, Plattenberg Bay, Thembalethu, Worcester, Wynberg

12

TOTAL

80

However, this list is not cast and stone as the caseload of sex crimes in a particular court is often unpredictable.

b) What progress has been made in respect of the establishment of each of the specified courts?

  • I have received a letter of concurrence from the Chief Justice for the designation of nine (9) courts for the regional divisions where the 80 sexual offences courts will be established in terms of section 55A(2)(a) of the Act;
  • In terms of section 55A(2)(b) of the Act, the National Director of Public Prosecutions has also responded in writing to the letter of the Minister in support of the designation process;
  • The National Guidelines for the Establishment of the section 55A Sexual Offences Courts were developed with the judiciary, National Prosecuting Authority, Legal Aid South Africa and the civil society organisations, and were approved by the Minister. The Guidelines include a Checklist to verify resource compliance with the Regulations relating to Sexual Offences Courts;
  • The Provincial Heads have submitted signed Checklists for the resourcing of each court falling under their respective provinces;
  • A draft Gazette Notice for the designation of courts has been vetted by the Office of the Chief State Law Advisor, and is awaiting Minister’s approval. The SOCs will be established as soon as the Gazette Notice is published, as required by the Act.

END

20 September 2022 - NW2507

Profile picture: Maseko-Jele, Ms NH

Maseko-Jele, Ms NH to ask the Minister of Justice and Correctional Services

What (a) has he found to be the impact of the many arrests that have been taking place recently, particularly of the illegal informal miners called zamazamas, on the Republic’s correctional centres and (b) steps is his Department taking to cope with the situation?

Reply:

a) The table below provides a contrast of Remand Detainee populations at the various Correctional Centres before the admission of illegal minors and after admission. The arrested persons are detained at Heidelberg, Krugersdorp and Modderbee Correctional Centres.

Name of correctional centre

Number of remand detainees (18 July 2022)

Number of remand detainees (25 August 2022)

Percentage increase

Heidelberg

157

259

64.97%

Krugersdorp

1624

1901

17.06%

Modderbee

1791

1984

10.78%

b) Measures in place focused on strategies to reduce overcrowding as follows:

  • Monthly Management Area Overcrowding Task Team meetings are held to distribute offenders between centers to alleviate overcrowding;
  • A Regional transfer plan is implemented by transferring sentenced offenders to reduce overcrowding. Remand detainees cannot be transferred due to eminent court appearances;
  • Implementation of section 63A of the Bail Protocol which makes provision for Heads of the Centre to lodge an application with the clerk of the court for review of bail for certain categories of remand detainees. Referrals to court are also done in line with section 49G of the Bail Protocol which also includes submission of details of remand detainees who have been in detention for longer than three months;
  • The Department as participates in Case Flow and SAPS District Joint meetings during which overcrowding and more specifically arrests, prosecution, sentencing, detention, release and deportation of foreign nationals are discussed.

END

20 September 2022 - NW2496

Profile picture: Engelbrecht, Mr J

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

(1) What is the current status of the review of the parole policy of his Department; (2) What total number of serious crimes have been committed by parolees since 01 March 2020?

Reply:

1. The Department produced a draft Position Paper on the revised parole system for South Africa which was intended to form a basis for discussion and consultation with all role-players and other interested parties on proposals with a view to finalise an appropriate new parole system for South Africa. The Position Paper was consulted with National Council for Correctional Services (NCCS), Judicial Inspectorate for Correctional Services (JICS), Medical Parole Advisory Board (MPAB), and Parole Boards for inputs.

Thereafter, the Minister referred the matter to the National Council for Correctional Services in terms of section 84(2) of the Correctional Services Act, 111 of 1998.

The recommendations of the NCCS have been submitted to the Minister for consideration with a view to the way forward.

2. The table below reflects the serious crimes have been committed by parolees since 01 March 2020:

Nature of offence

01 March 2020 to 31 March 2021

2021/2022

Q1 of 2022/2023

Attempted rape

5

2

0

Murder

111

176

50

Rape

180

167

47

Robbery

360

247

71

Assault GBH

144

159

31

Domestic violence

90

103

0

Robbery Aggravating

10

37

38

Attempted Murder

33

29

6

Sexual Assault

20

4

7

Theft

132

260

123

Fraud

46

25

3

Assault

14

18

26

Possession of firearm

16

11

11

Arson

7

11

0

Kidnapping

6

7

4

House breaking with intent to rob

9

16

0

Damage of property

9

19

19

House breaking and theft

9

18

66

Pointing of firearm

12

11

0

Possession of drugs

5

4

13

Possession of stolen property

1

9

17

Conspiracy to commit murder

0

1

0

Damage/ interfering with essential infrastructure

1

1

1

Hijacking

10

7

1

Indecent assault

2

1

0

Culpable homicide

3

0

0

Violation of the protection order

2

0

15

Theft from car

1

0

1

Stock theft

1

2

0

Intimidation

0

1

0

Trespassing

0

0

5

TOTAL

1 239

1 346

555

END.

20 September 2022 - NW2493

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

Whether, in view of his statement on 20 May 2022, that a total number of 176 beds would be added to Parys to counter overcrowding, the prison infrastructure has enough space to house the specified beds and inmates; if not, what is the position in this regard; if so, what are the relevant details; (2) Whether his department has enough human capital to manage such additions; if so, what are the relevant details?

Reply:

1. The current approved bed space at the Parys Correctional Centre is 68 and it should be noted that the infrastructure is aging. The construction of a new correctional centre has commenced on the existing site with an intention to add 176 new bed space.

2. The design of the new correctional centre as mentioned above is based on the new generation Unit Management principle which limits overreliance on human capital. Based on the design concept the Department will be in a position to manage the operational requirements with the current personnel establishment.

END.

20 September 2022 - NW2495

Profile picture: Engelbrecht, Mr J

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

Whether, with reference to the release on parole of Mr Morné Harmse on 03 March 2022, who was serving a sentence of 20 years after being convicted of murder and attempted murder, any of the victims of the three counts of attempted murder he was convicted of, participated in the Victim Offender Participation programmes prior to the specified offender’s release on parole; if not, why not; if so, what are the relevant details?

Reply:

The mentioned parolee was sentenced to twenty years in 2009 for murder and three counts of attempted murder. His sentence is set to expire on 2029/03/09. He completed his legislated Minimum Detention Period (MDP) on 2019/06/09 and was placed on parole on 2022/03/03 after serving twelve (12) years and nine (09) months of his 20 year sentence. He appeared before the Correctional Supervision and Parole Board (CSPB) on numerous occasions during which he was granted (07) further profiles because of outstanding issues which needed to be well addressed before he could be granted parole placement.

The involvement or participation of victims in the CSPB processes of considering the offenders for parole placement is directed primarily by section 299A of the Criminal Procedure Act 51 of 1977 which explains the right of a complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision further outlining that the court is to inform complainants and relatives (in the case of murder) when sentencing a person to imprisonment. In the event that the complainant intends to make representations they are to inform the Commissioner of correctional Services in writing and provide their address and to inform the Commissioner in the event there is a change of address.

Section 75(4) of the Correctional services Act 111 of 1998, provides that “Where a complainant or relative is entitled in terms of the Criminal Procedure Act, to make representations or wishes to attend a meeting of a Board, the National Commissioner must inform the Board in question accordingly and that Board must inform the complainant or relative in writing when and to whom he or she may make representations and when and where a meeting will take place”.

Numerous attempts to trace the victims of the crimes of parolee Mr M Harmse, were made with the assistance of Department of Home Affairs (DHA) and efforts were successful in tracking the victims on the count of murder, however, the victims of three attempted murder cases could not be found. Subsequent to successful tracing the victims were invited to participate in the Parole Board sitting which was held on 09 December 2019, during which both verbal and written submissions were made as part of the consideration for possible placement.

The Head Community Corrections confirmed that the Parolee is fully complying with his parole conditions.

END

16 September 2022 - NW2510

Profile picture: Mulder, Mr FJ

Mulder, Mr FJ to ask the Minister of Justice and Correctional Services

(a) What (i) total number of employees of his department are currently working from home, (ii) number of such employees have special permission to work from home and (iii) are the reasons for granting such special permission and (b) on what date will such workers return to their respective offices; 2) Whether he will make a statement on the matter?

Reply:

  1. The Department of Justice and Constitutional Development (a)(i) do not have employees that are currently working from home (ii) (iii) no special permission was granted for employees to work from home and therefore no reasons exists (b) All employees are expected to be at their respective offices.
  2. The Minister does not believe statement on this matter is necessary.

16 September 2022 - NW2856

Profile picture: Mente, Ms NV

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

What is the (a) average turnaround time in respect of cases lodged for child maintenance orders and the issuing of child maintenance orders for the period 2010 to 2022 and (b) total number of unresolved child maintenance orders for the period 2010 to 2022?

Reply:

a) The Department of Justice and Constitutional Development (the Department) started capturing data through the Integrated Case Management System (ICMS): Maintenance in 2019/2020. Therefore, this response is based on the data captured from 2019/2020 to 2021/2022 financial years.

The average turnaround time in respect of cases lodged for child maintenance orders and the issuing of child maintenance orders for the period 2019 to 2022 is tabulated below:

Region

Average days per case: 2019/2020

Average days per case: 2020/2021

Average days per case: 2021/2022

1. Eastern Cape

87.30

73.08

137.44

2. Free State

58.24

60.41

90.38

3. Gauteng

86.12

68.42

100.91

4. Kwa-Zulu Natal

69.86

61.01

103.85

5. Limpopo

93.11

62.09

109.48

6. Mpumalanga

105.08

60.72

87.81

7. North West

76.00

82.95

88.60

8. Northern Cape

52.49

55.10

66.12

9. Western Cape

67.11

74.64

84.04

Grand Total

81.02

66.99

102.02

*Maintenance on ICMS was only introduced in 2019, and data collection prior is not accounted for in this response

N.B: The turnaround time is calculated from the Date of Proper Service to the date on which the Court Order is granted. In 2019/2020, it took an average of 81.02 days to finalise a case, and it took an average of 102.02 days to finalise a case in 2021/2022. It took 21 days more to finalise a case in 2021/2022 when compared to 2019/2020 financial year.

b) From 2019/2020 financial year, there are 13 219 pending matters across all the courts nationally. The table below provides a Provincial breakdown”

Region

Number of Cases

1. Eastern Cape

1 377

2. Free State

1 236

3. Gauteng

3 199

4. Kwa-Zulu Natal

1 878

5. Limpopo

464

6. Mpumalanga

826

7. North West

1 110

8. Northern Cape

743

9. Western Cape

2 386

Grand Total

13 219

END

15 September 2022 - NW2500

Profile picture: Horn, Mr W

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

What total number of criminal cases in relation to sexual crimes and gender-based violence (a) are currently on the criminal case backlog roll and (b) have been finalised with a verdict since 1 January 2022?

Reply:

In terms of our law, there is no specific crime called gender-based violence. As a result, a need for the determination of a category of crimes that constitute gender-based violence has been identified. The Department has therefore established a Task Team constituted by the judiciary, National Prosecuting Authority (NPA) and the civil society organisations to define a category of GBVF- related crimes, which will encapsulate the relevant statutory and common law offences. The ultimate goal is to have an integrated repository of all GBVF-related crimes on the Integrated Justice System Transversal Hub where the criminal justice actors can have an agile communication and sharing of data. The work of this Task Team is expected to be finalised before the end of this financial year.

In the meantime, the Department collects data of all criminal cases, including GBVF-related criminal cases, registered by the lower courts in the Integrated Case Management System (ICMS). As soon as a category of GBVF-related crimes is determined by the Task Team, the Department will enhance the existing repository to provide disaggregated data of GBVF-related criminal cases registered and managed by our lower courts.

Against this backdrop, this reply will therefore focus on sexual offences, domestic violence criminal offences and femicide cases registered by our courts.

Sexual Offences

a) With regard to sexual offences matters, since 1 January 2022 our lower courts registered a pending caseload of 16 781 sexual offences cases of which 6 026 were backlog cases. What this means is that 39.5% of the pending cases of sexual offences were backlog cases.

b) The NPA has reported that during the period 1 January 2022 to 31 July 2022, a total of 1 994 convictions were obtained from 2 673 cases of sexual offences finalised with a verdict. These convictions amounted to a 74.6% conviction rate.

As reported by the NPA, many of the pending cases of sexual offences are due to the delayed submission of DNA reports by SAPS to the NPA. In the previous financial year, the Deputy Ministers for Justice and Constitutional Development and Police set up a Task Team with representations from DoJ&CD, SAPS and NPA to address challenges relating to the DNA backlog reports. I have been informed that this collaborative continues to yield the expected outputs. As at 31 March 2022, SAPS finalised 7 618 DNA reports which increased the number of trial-ready cases of sexual offences managed by NPA.

Domestic Violence Criminal Cases

a) With regard to criminal cases of domestic violence, since 1 January 2022 our district courts registered a volume of 3 856 domestic violence criminal cases of which 348 cases were backlog cases.

b) From 1 January 2022 up to 31 July 2022, 1 762 of the 3 856 domestic violence cases were finalised with a verdict.

Femicide (Murder) Cases

a) In our law there is no specific crime called ‘femicide’, but the NPA captures statistics on both femicide and Intimate Partner Femicide cases. However, no record of backlog cases in femicide cases is kept as all cases of this nature are registered as murder cases.

b) During the period 1 January 2022 and 31 July 2022, the number of femicide cases finalised with a verdict was 284 of which 271 resulted in convictions. The conviction rate in the femicide cases amounted to 95.4%.

During the same period, a total of 221 verdicts were handed down in cases relating to Intimate Partner Femicide. From these 221 verdicts, a total of 206 convictions were obtained, thus registering a conviction rate of 93.2%.

It must however be noted that the core drivers for case backlogs are contributed by the different actors in the criminal justice system. Blockages to the speedy finalisation of cases can also be traced from the diverse value service points that feed into the court system. For this reason, the Department cannot resolve all challenges of case backlogs alone. The Department, with the support of the ministry, is therefore in the process of establishing the National Integrated Criminal Court Optimisation Steering Committee (NICCO SteerCo), which will draw representation from the judiciary and other key stakeholders in the criminal justice system. The aim of this collaborative is to collectively identify and remove stoppers that delay the realisation of a criminal justice system that quick, responsive and effective.

The Department has also developed a Criminal Case Backlog Action Plan, which gives priority to cases relating to gender-based violence and femicide. The implementation of this Plan is coordinated, facilitated and monitored by the Criminal Case Backlogs Committee which meets every month.

The Department has further included an indicator in the Annual Performance Plan which seeks to monitor the reasons for postponements which occur as a consequence of inadequacies in the support provided by the Department, e.g. postponements due to administrative staff, water shortages, power cuts, etc.

END

15 September 2022 - NW2506

Profile picture: Ramolobeng, Ms A

Ramolobeng, Ms A to ask the Minister of Justice and Correctional Services

What progress has been made to address the serious challenge and negative effects of court recording technology, which became clear during the oversight visits of the Portfolio Committee on Justice and Correctional Services?

Reply:

1. A deviation was sought from the National Treasury to deviate from normal procurement processes and embark on a single source for Court Recording Technology (CRT) and Sexual Offences System (SOS) maintenance and support services, on a month to month basis, for a period not exceeding twelve (12) months.

2. In line with the above approval, a service provider was appointed to provide CRT and SOS maintenance & support services, for a period of twelve (12) months, ending on 4 February 2023.

3. As a long-term solution, the Department is in a process of issuing a tender, through SITA, for the appointment of a service provider for a period of three (3) years or until such time that a new court recording solution has been procured and implemented. In this regard, the compilation of the bid specifications for the maintenance and support of the existing CRT and SOS system is underway.

15 September 2022 - NW2512

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Justice and Correctional Services:

1) Given that the Promotion of National Unity and Reconciliation Act, Act 34 of 1995, which was enacted to manage and pay reparations to victims of apartheid era gross human rights violations, has accumulated a nett surplus of R1 800 000 000 as per the most recent annual report 17 August 2021, how will the surplus funds be applied to provide reparations to victims and/or the rehabilitation of communities; 2) Whether the surplus money will be used to directly benefit victims of apartheid rather than being used for other purposes and/or finding its way into the pockets of an assortment of service providers?

Reply:

1. The surplus funds in the President’s Fund will be applied in line with the Truth and Reconciliation Commission (TRC) Parliament’s recommendations by granting reparations to victims in respect of final reparation in the form of:

a) A once-off grant of R30 000.00;

b) Symbols and monuments;

c) Medical benefits and other forms of social assistance; and

d) Community rehabilitation.

In respect of the once-off grant of R30 000.00, of the 21 676 persons identified as victims by the TRC, 17 422 applied and were paid the R30 000.00 grant. The surplus of the fund will be used to pay the outstanding 4 254 when they apply for the once off grant.

With symbols and monuments, of the 477 TRC identified missing persons, families of the outstanding 304 will, when the remains are found, be paid from the President’s Fund, amongst others: travel and subsistence allowances to attend exhumations, cleansing ceremony, hand-over ceremony, once-off grant for the reburial of the remains of deceased victims or symbolic burial of deceased victims, allowance to purchase an animal to be slaughtered for the purposes of a cleansing ceremony, the provision of a coffin under certain circumstances and funeral items and accessories.

Regarding medical benefits and other forms of social assistance, the provision of reparation to victims in respect of Basic Education will be paid from the President’s Fund for the period of application of thirteen (13) years starting at the beginning of 2023 to qualifying TRC identified victims, their relatives and dependents in respect of Grade R, general and further education.

The assistance covers, amongst other things, a maximum amount in respect of school fees, boarding fees, personal care allowance, psychological support, supplementary learning and teaching support material, digital device, uniform and transport allowance.

The Higher Education and Training regulations which came into effect in 2014 ending 2022 provides for payment of education assistance reparation from the President Fund to qualifying TRC identified victims, their relatives and dependents in respect of adult education and training; further education and training, higher education and skills development.

The assistance covers amongst other things, registration fees, boarding allowance, textbook allowance, transport allowance, meal allowance, once-off allowance to purchase a device, and financial assistance to students with disabilities in respect of assistive devices and human support.

A similar set of regulations is envisaged to be implemented from 2023. A draft set of Higher Education and Training regulations has been prepared and is awaiting internal process to be finalized for submission to the Minister for forward submission to the President for promulgation.

The surplus funds will also be applied for housing reparation assistance when the draft housing regulations which are to go out for public comments have been finalised.

In respect of medical benefits, the Department has agreed with the Department of Health that the National Health Act will be amended to include TRC identified victims and their relatives and dependents in the categories of persons who are eligible for free health services at public health establishments and the Department will make provision in the draft Regulations for special health services not rendered by public health establishments to be paid from the President’s Fund.

Regarding the usage of the surplus funds in respect of the rehabilitation of communities, the Department has been in consultation with some of the TRC referred communities for rehabilitation and with the approval of the draft regulations on community rehabilitation the fund will be used to implement the community consulted rehabilitation interventions.

2. Section 42(2) of the Promotion of National Unity and Reconciliation Act, (Act No. 34 of 1995), provides that “there shall be paid from the fund all amounts payable to victims by way of reparation in terms of regulations made by the President”.

Thus, the funds in the President’s Fund can only be used to directly benefit TRC identified victims in line with approved regulations.

The Regulations that are already promulgated are:

a) Reparation to Victims (R30 000.00 grant);

b) Exhumations, Reburial or Symbolic Burial of Deceased Victims;

c) Regulations relating to Assistance to Victims in respect of Basic Education; and

d) Regulations relating to Assistance to Victims in respect of Higher Education and Training.

The following are the Regulations that are outstanding:

a) Housing assistance;

b) Medical benefits; and

c) Regulations relating to Community Rehabilitation.

END

15 September 2022 - NW2631

Profile picture: Breytenbach, Adv G

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

(a) What (i) was the initial (aa) projected cost and (bb) envisaged completion date of the Integrated Justice System and (ii) has been the total cost of development of the Integrated Justice System to date and (b) on what date is the Integrated Justice System envisaged to be (i) completed and (ii) rolled out to all courts in the Republic?

Reply:

With regards to the Integrated Justice System (IJS) initial projected costs, as a way of giving background/overview of the IJS Programme, the Programme was conceptualised upon approval of the National Crime Prevention Strategy by Cabinet in 1996 to modernise the Criminal Justice System (CJS).

The IJS Programme was further given impetus by:

  • Review of the Criminal Justice System – “The seven-point plan” (2007)
  • Outcome 3 of the JCPS Cluster Delivery Agreement - “All people in South Africa are and feel safe”
  • National Development Plan (NDP vision 2030)

The primary objective of the IJS is to transform South Africa’s CJS into a modern, efficient, effective & integrated system by:

  • Electronically enabling and integrating the end-to-end criminal justice business processes (i.e. from the report of a crime to the release of a convicted person), through technology solutions; and
  • Managing the related inter-departmental information exchanges across the CJS

Eight government departments, agencies and authorities are involved in the criminal justice value chain, from the time a crime is detected or reported, through to investigation, prosecution and delivery of justice.

The implementation strategy of the IJS Programme has been divided into three steps to facilitate an effective modernisation process whilst realising early benefits:

Step 1: Creating departmental system capacity to automate business process flow;

Step 2: Integrating the criminal justice business processes; and

Step 3: Instrumentation of the criminal justice process to manage identified key

performance indicators.

One of the focus areas of the Programme has been building sufficient capacity in areas of forensic services, detective services and prosecution services to support our efforts to reduce the overall levels of crime, particularly “contact” crimes.

To improve the efficiency and effectiveness of the end-to-end CJS, extensive enabling department capacity building has been undertaken by the IJS programme. The benefits from system modernisations and case workflow integrations are only realised when pre-requisite departmental systems and ICT infrastructure is in place.

Inter-Departmental Information exchanges

It is also important to note that IJS is not a system but a programme comprising of multiple projects across eight CJS member departments. The IJS also has what is called the Transversal Hub. The Transversal hub manages the related inter-departmental information exchanges across the CJS member departments.

Currently, ten (10) government departments/entities (South African Police Service, National Prosecuting Authority, Department of Justice and Constitutional Development, Office of the Chief Justice, Department of Correctional Service, Department of Home Affairs, Department of Social Development, Legal Aid South Africa, SASSA, and RTMC) are connected to the IJS hub and able to electronically exchange information. The Hub allows electronic information sharing to reduce administrative delays, enabling the various justice service providers to respond efficiently and provide tools for the effective management and planning of the criminal justice system

For the implementation of a fair and just system to be successful, efficient and effective, a cohesive integrated capability is required that considers the processes, policies, application systems and people across the CJS

With regards to initial costing of IJS:

There is no initial costing of the IJS programme. When one looks at the nature of the programme, it comprises of several initiatives from the eight (8) member departments forming part of the CJS. The annual programme costing is done by following a specific budgeting process which is repeated every financial year and it works as follows:

  • Each member department submits a list of projects (Infrastructure modernization, application development etc.) that it plans to undertake in the following financial year.
  • IJS Project Management Office (PMO) then analyses these projects to determine relevance and value add to the CJS.
  • IJS through IJS Implementation Committee and IJS Board of Directors-General (DGs) then approves or declines, and once approved, the list of projects is then sent to National treasury to obtain funding. Once funding is obtained, project execution is undertaken (refer to the New IJS Governance Framework).

With regards to Completion date of the IJS Programme:

At this point in time, the IJS programme does not really have an end date due to the following:

  • Businesses evolve. As a results, business processes also must be reengineered, resulting in a need for applications/systems supporting these processes to be enhanced, in some cases, built from scratch.
  • Continuous Infrastructure Modernization is key to the IJS to ensure systems developed support key/core business processes and that they are used optimally.
  • Enhancement and maintenance of current case management systems and development of new persons’ management system in line with the 4IR stack remains a continuous priority.

On what date is the IJS envisaged to be rolled out to all courts in the republic:

It should be noted that the IJS is a programme comprising of multiple projects from eight member departments. To date, case management business applications have been developed and implemented for almost all eight member departments (including DoJ&CD) with exception of the OCJ which is currently piloting its Court Online application in the Johannesburg and Pretoria High Courts, national roll out is planned for the current financial year.

Some IJS key initiatives that have been rolled out to courts in the republic include:

A strategic IJS modernisation project which seeks to transform the management, handling and sharing of records. The Office of the Chief Justice (OCJ) Court Online System provides a platform for law firms and litigants to file documents to the courts electronically, via the Internet. Modernisation of traditionally paper-intensive manual processes realises significant efficiency benefits. Beyond minimising the physical movement of people and paper court documents from parties to the Courts, it also leverages the benefits of electronic storage including faster document filing and retrieval, eradication of the misplacement of case files, and allows concurrent access to view the same case file by different parties.

The first component of the solution enabled the digitalization of evidence in the court. This enables a fully digital version of the case bundle (including all filed court documents) to be made available electronically to all the relevant parties.

On 18 July 2019, a key milestone was reached through the undertaking of the first fully paperless case trial simulation. All parties in court were able to use their own laptops and/or mobile tablets (iPads) to access and refer to digital versions of case materials. The solution enables each party to record notes and annotations, highlight and redact content as needed, and choose whether notes and annotations be shared, or kept private.

The digital case bundle pilot at Johannesburg High Court and Pretoria High Court was completed successfully and the digital case bundle has been operationalised (rolled out to production) at both these two sites. The project has established a centralised Court Online helpdesk to provide support to both internal stakeholders (judges and court officials) and external stakeholders (legal practitioners).

Recently, the IJS and OCJ completed development for the second component which is the main engine (CRM dynamics) was completed successfully in 2021/22 financial year. Pilot for the end-to-end court online solution commenced in March 2022 in Johannesburg High Court, thereafter it was extended to the Pretoria High Court. National roll-out is planned for quarter 3 of 2022/23 financial year.

The IJS and OCJ has also rolled out critical infrastructure on all high courts national in preparation for the Court online rollout. This included Servers, Network Switches, Wi-Fi Upgrade, Provisioning of the Uninterrupted Power Supply (UPS) for Server and Patch Rooms for all Service Points, etc.

Court Audio Visual Solution for Case Participants: This is a court audio visual solution that is used for witnesses/victims’ interview and testimony in cases where direct contact is not feasible or very expensive, as well as in cases where expert witnesses are required in court. This also allows victims and witnesses to easily get in touch and communicate with the CJS practitioners that are responsible for their case. This is related specifically to virtual court appearances integrating to court recording solution for the court record. In the last financial year, IJS completed the national roll-out to eighteen (18) sites.

In July 2017, the Department of Justice & Constitutional Development (DoJ&CD) completed development, testing and implementation of the enhancements to its Integrated Case Management System (ICMS) to enable the electronic generation of the J7 Warrant of Detention. This has been successfully deployed to production and is currently active nationally. It should be noted that the paper based J7 will not be eliminated until the mechanism for digital signature is established and this is in the pipeline, already the electronic exchange of this information from DoJ&CD to DCS introduces efficiencies by eliminating the need for DCS to recapture information during the admission & receipt process.

As part of its quest to modernise the CJS infrastructure so as to minimise downtime and lay the foundation for a fully digitised criminal justice system, IJS recently invested in the DoJ&CD data centre upgrade project. This will ensure that the current capacity in the data centre (storage, processing, etc.) is upgraded in order to archive data produced by various solutions (e.g. CRT, ICMS, etc.), thereby improving operational processing and data governance.

IJS will continue to modernise Courts in the republic by:

  • Upgrading all infrastructure that has reached end of life; and
  • Developing and implemented applications to support court processes.

IJS overall spendingTable

Description automatically generated

The overall spending of the IJS programme from 2002 to March 2022 is ± R7.7 billion. However, the following should be noted:

  • Total spending is across all eight (8) IJS member departments for various projects relating to CJS person integration; Case management systems; Business Intelligence; and Infrastructure Modernization. It also includes IJS transversal Hub integration projects and maintenance initiatives (daily, weekly, and monthly).
  • The IJS programme comprises of an average of approximately 40 – 50 projects on an annual basis across all CJS member departments.

END

15 September 2022 - NW2440

Profile picture: Mente, Ms NV

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

Whether, he has noted the report by the Committee on the Elimination of Discrimination against Women released in May 2021, which indicated that the Government’s inability to successfully prosecute perpetrators of violent crimes against women is a violation of women’s rights in this country; if not, what is the position in this regard; if so, what interventions and/or measures has he taken to ensure that the capacity to prosecute these crimes is improved?

Reply:

It must be noted that the National Prosecuting Authority (NPA) Sexual Offenses and Community Affairs (SOCA) Unit participated in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) feedback country report session on 5 November 2021 on a virtual platform. Comprehensive inputs were submitted to the NPA at the session.

As reflected at the session, the Covid-19 pandemic had a negative impact on the performance of courts due to the unavailability of officials and witnesses because of various reasons related to the different levels of lockdown.

Irrespective of the aforementioned, a number of interventions and measures were implemented by the NPA as follows:

1. The Thuthuzela Care Centres (TCCs) have expanded from only focusing on services to victims of sexual offences to welcoming victims of gender-based violence, more particularly, domestic violence. Staff have been adequately sensitised and no victim of gender-based violence is turned away. The TCCs have become a supportive environment for women to report incidents of domestic violence. At one of our centres in Worcester, Western Cape, a domestic violence protocol has been put in place to increase the identification of domestic violence victims who enter the health facility, increase the number of victims able to access victim support services through referral to the TCC (including referral to a shelter) as well as empower the victim for their protection, i.e. by assisting them in applying for the protection order and facilitating the issuing of the order in court. The NPA, with the Department of Health, plans to roll out the domestic violence protocol to all its TCCs and the relevant hospitals. The Domestic Violence protocol when implemented nationally, will ensure a focused attempt to identify all domestic violence victims as they enter the trauma section of the hospital and through an immediate victim-centric approach reduce the chances of further harm. This approach will ensure the de-stigmatisation of the victim, dismantle commonly held victim-blaming beliefs, reduce judicial bias and gender stereotypes, and protect women complainants from retaliation by perpetrators.

Currently, there are sixty-one (61) TCC sites nationally, providing services to victims and the NPA is planning to roll-out an additional 9 sites towards March 2024.

a) The NPA has also embarked on an efficacy review of all the TCC sites to ensure that the standards of service offered at the sites are consistent. Where certain services are lacking, steps have been taken to address this. The efficacy review includes a focus on enhancing the accessibility to services for disabled victims.

b) The NPA has, with reference to the latest list of thirty (30) gender-based violence (GBV) hotspots, analysed such list and can confirm that all of these sites are covered by providing services from the TCCs to victims, excluding Diepsloot, but interventions are ongoing to address the position.

c) The number of matters reported at the TCCs during this financial year, increased by 16.4% overall from the previous financial year (2020/21). This reflects a total number of 34 456 matters reported, which is an increase of 4862 matters from the previous financial year. 

d) For the past five (5) years, the current TCC sites delivered services to 168 049 victims at the sites, whilst 88% of these matters on average were specifically on sexual offences. Furthermore, 57% of these matters are specifically with children as victims.    

e) Regarding TCC reported matters that were prosecuted, an average conviction rate of 76.7% for this financial year was achieved. This is 6.7% above the NPA Annual Performance Plan (APP) target. It is also the 7th year that we have consecutively achieved a conviction rate of above 70%. The current conviction rate reflects 1 033 convictions from the 1 346 verdict cases finalised. In the said financial year, the number of matters finalised with a verdict increased from 993 in the previous financial to 1 346, hence an improvement of 35.5%. The current TCC conviction percentage is also 2.9% above that of the national conviction rate for all sexual offences which stood at 73.8%. Furthermore, when placed in perspective, for the 2011/12 financial year the conviction rate for TCC cases was 60.7%, therefore a considerable improvement of 16% over a period of 10 years regarding the conviction rate of TCC-reported cases as compared with the said financial year of 2011/12.

f) The table below provides a breakdown of all sexual offence cases nationally prosecuted (including the TCC cases) and finalised with a verdict for the past nine years:              

Financial years

2014/15

2015/16

2016/17

2017/18

2018/19

2019/2020

2020/2021

2021/2022

Conviction %

69%

70.1%

71.7%

72.7%

74.4%

75.2%

75.8%

73.8%

Actual convictions

5 084

4 978

4 780

5 004

4 724

4 098

2 539

3 161

Finalized cases

7 372

7 098

6 669

6 879

6 353

5 451

3 349

4 285

           

g) In evaluating the prosecution of sexual offences, it is to be noted, that for the seventh consecutive year a national conviction rate of above 70% was achieved (both in relation to all sexual offence prosecutions and in relation to the TCC-reported cases).

h) The management and prosecution of GBV matters is a priority focus in all DPP divisions, which is aligned to the NSP on GBVF and most importantly the NPS BU APP. It is also a standing priority item at all provincial and national stakeholder related meetings and forums. This is to ensure a collective and standardised approach in response mechanisms as the CJS towards GBVF.

i) In relation to sentences imposed by the courts for TCC verdict cases during the 2021/22 financial year, the following is to be noted:

  • Life imprisonment sentences: 201 (an increase of 60 (42.5%) versus the previous financial year).
  • 20-25 years imprisonment sentences: 106 (an increase of 21 (24.7%) versus the previous financial year).
  • 10-19 years imprisonment sentences: 378 (an increase of 83 (28.1%) versus the previous financial year).
  • Furthermore, it confirms that the courts are generally imposing more severe sentences specifically on rape offences regarding TCC verdict cases, in comparison with the financial years prior to the NSP on GBVF (2018).  
  • In addition, it reflects that the courts specifically imposed life imprisonment sentences in 19.5% of the 1 033 verdict cases. It also indicates that the courts imposed long-term sentences (including life imprisonment) in 66.3% of the verdict cases.   

2. In line with Pillar 3, the NPA, to give effect to a victim-centric approach has ensured through its Ke Bona Lesedi Court Preparation Component that victims are adequately informed of their rights and that the judicial process is understood. This component is responsible for specialised prosecutor-guided court preparation for state witnesses provided by court preparation officers. They also ensure the provision of victim impact statements and the provision of specialised training across the CJS. The use of court preparation officers by the NPA to prepare witnesses for the court is an initiative aimed at empowering witnesses and victims and reducing secondary trauma. In the 2021/2022 reporting period, 97 176 witnesses were assisted by the court preparation officers. Of these 46 805 (48.2%) witnesses are specifically in relation to sexual offence matters.

3. NPA SOCA Unit, facilitated or participated in several public awareness and community projects/campaigns on gender-based violence, human trafficking and relevant legislation by the TCC personnel and SOCA provincial officials nationally in line with the “365 National Action Plan of no violence against women and children”. The TCC participation in campaigns focussed inter alia on the following topics:

  • the essence of gender-based violence and early disclosure/reporting of sexual and or physical abuse offences;
  • TCC services and the model;
  • the influence of drugs and alcohol at schools (substance abuse);
  • child pornography and related cybercrime;
  • LGBQTI-cases;
  • the importance of forensic medical examinations and post-trauma consequences of GBV;
  • Ukuthwala-practises;
  • the existence of sexual harassment and what it entails;
  • the presence and occurrence of bullying at schools and the possible subsequent consequences thereof on the victims; and
  • the manifestation of human trafficking specifically for sexual exploitation of victims (children) and also child labour, etc.

NPA officials also participated in several dialogue sessions specifically at schools, community events or community radio stations and NSP webinars on related topics. It must be noted that comprehensive reports from the various cluster or provincial managers are available detailing the content and extent of the various campaigns delivered or participated in by SOCA officials.

4. In relation to training for prosecutors and related stakeholders, the SOCA Unit developed, reviewed, and amended the relevant training material regarding our GBV mandate and facilitated seventy (70) training sessions nationally in the past 2021/22 financial year.

5. The NPA SOCA Unit commenced in a collaboration with SAPS FSL, a process to speed up the finalisation of DNA analysis reports urgently required at courts re GBV cases. The delay in the submission of these reports by FSL had a negative impact on the backlog of sexual offence cases. Such process was initiated in October 2020 to address the backlog of specifically sexual offence cases at courts due to the outstanding DNA reports from FSL. This resulted in the submission of 14 022 FSL reports (as at August 2022) received and submitted to the DPPs. This is a considerable increase in the number of reports received from the end of March 2021, when the number was only 444 reports. In addition, the SOCA Unit with the assistance of the NPA Research Unit, identified a number of 1 016 potential serial rapist reports as from October 2021. Some of these reports reflect the modus operandi of potential serial rapists whose activities straddle different divisions which then might require centralisation of cases (in line with the CPA) by the respective DPP divisions. This initiative resulted in a decrease in the backlog of long outstanding sexual offence cases at court. It is evident that our joint intervention between NPA and SAPS, regarding the prioritization of these DNA reports is indeed successful and will henceforth continue accordingly.

6 In relation to the Community Prosecution Initiative implemented by the NPA, designated community prosecutors monitor the progress and implementation of the Community Prosecution Initiatives at identified sites nationally. Currently, there are twenty-three (23) initiatives, thirteen (13) of which focus specifically on GBV and one (1) initiative on Assault and Domestic Violence. The aforementioned community prosecutors continuously facilitate several public awareness campaigns on related topics and various platforms, including radio and local newspapers, and/or delivered training sessions to relevant stakeholders on the Community Prosecution Initiative. Building stakeholder relations with relevant community partners are essential in this process, to collectively identify challenges and implementable solutions. The impact hereof will also be reported in the next annual report.

7. Following the enactment of the three (3) GBV pieces of legislation, SOCA established GBV Legislation Task Teams responsible for the execution of these Acts, by means of:

  • Amendment of current charge sheet annexures/ drafting of new charge sheet annexures;
  • Amendment of relevant NPA Policy Directives; and
  • Amendment of all training material utilised by SOCA in the facilitation of training sessions. currently putting teams together, to review the relevant NPA Prosecution Policies which are affected by the signing into law of the three (3) GBV pieces of legislation.

09 September 2022 - NW1782

Profile picture: Breytenbach, Adv G

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

In light of the fact that his department spent R293 million over the past three years on catering, entertainment and accommodation, (a)(i) for what precise purposes and (ii) what amount was spent on (aa) catering, (bb) entertainment and (cc) accommodation and (b) for whom in each case?

Reply:

(a) (i) A Department and Ministry incur expenditure in connection with the activities of a department or division within a department that directly relates to the achievement of its objectives. The employer shall meet reasonable actual accommodation costs when official perform their duties.

(ii) aa), (bb) (cc) (b) The R293 million spent over the past three (3) years on catering, entertainment and accommodation is a consolidation of different accounting transactions. The Department of Justice and Constitutional Development uses the basic accounting system which does not have the capability to provide detailed transactions as required. The manual supporting documents are kept manually and audited by the Auditor-General on an annual basis.

30 August 2022 - NW2282

Profile picture: Weber, Ms AMM

Weber, Ms AMM to ask the Minister of Justice and Correctional Services

Whether he will provide Ms A M M Weber with the statistics from each (a) maintenance court and (b) province in the 2020-21 financial year; (2) What is the total number of maintenance defaulters who have been blacklisted since it was enacted in 2018; (3) Whether he will furnish Ms A M M Weber with the breakdown of the figures of the blacklisted persons in each (a) maintenance court and (b) province in the (i) 2018-19, (ii) 2019-20 and (iii) 2020-21 financial years; if not, why not; if so, on what date?

Reply:

1. Yes, the Department of Justice and Constitutional Development (DoJ&CD) is able to provide maintenance statistics for each court and province for the period 2020-2021 financial year. The statistics below indicate the total number of applications made in respect of Civil Applications as indicated in Figure 1 below and Criminal Applications as indicated in Figure 2. A total number of 77 778 Civil Applications and 4 169 Criminal Applications were lodged during the 2020/2021 financial year

Figure 1: Maintenance Civil Application for the 2020/2021 financial year

Eastern Cape

Free State

Gauteng

Court

Number of Applications

Court

Number of Applications

Court

Number of Applications

Aberdeen

15

Bethlehem

378

Alexandra

423

Adelaide

10

Bethulie

25

Atteridgeville

444

Alexandria

59

Bloemfontein

1169

Benoni

303

Alice

60

Boshof

15

Boksburg

622

Aliwal North

173

Bothaville

53

Booysens

231

Barkly East

32

Botshabelo

461

Brakpan

159

Bedford

27

Brandfort

36

Bronkhorstspruit

198

Bizana

125

Bultfontein

92

Cullinan

87

Burgersdorp

46

Clocolan

54

Daveyton

448

Butterworth

204

Dealesville

21

Ekangala

88

Cala

34

Dewetsdorp

35

Fochville

262

Cathcart

13

Edenburg

11

Germiston

345

Centane

39

Edenville

20

Heidelberg

127

Cofimvaba

70

Excelsior

52

Johannesburg

885

Cradock

159

Fauresmith

38

Kagiso

334

Dordrecht

10

Ficksburg

91

Kempton Park

264

Dutywa

136

Fouriesburg

47

Krugersdorp

136

East London

629

Frankfort

123

Kwa Thema

169

Elliot

30

Harrismith

117

Lenasia

12

Elliotdale

64

Heilbron

128

Mamelodi

311

Ezibeleni

69

Hennenman

85

Meadowlands

16

Flagstaff

122

Hertzogville

37

Meyerton

172

Fort Beaufort

71

Hobhouse

12

Nigel

167

Gelvandale

125

Hoopstad

54

Oberholzer

324

Graaff-Reinet

90

Jacobsdal

66

Palm Ridge

949

Grahamstown

174

Jagersfontein

37

Pretoria

1219

Hankey

106

Kestell

24

Pretoria North

354

Humansdorp

263

Koffiefontein

60

Randburg

379

Indwe

7

Koppies

60

Randfontein

361

Jamestown

14

Kroonstad

394

Roodepoort

485

Jansenville

29

Ladybrand

73

Sebokeng

447

Joubertina

47

Lindley

73

Soshanguve

464

Keiskammahoek

31

Makwane

152

Soweto

943

King Williams Town

53

Marquard

60

Springs

169

Kirkwood

97

Memel

12

Tembisa

1179

Kwa Nobuhle

224

Odendaalsrus

242

Tsakane

204

Lady Frere

67

Parys

131

Vanderbijlpark

343

Lady Grey

23

Paul Roux

42

Vereeniging

167

Libode

84

Petrus Steyn

89

Westonaria

190

Lusikisiki

138

Petrusburg

42

-

-

Maclear

69

Philippolis

6

-

-

Maluti

162

Phuthaditjhaba

224

-

-

Mdantsane

405

Reddersburg

10

-

-

Middelburg

65

Reitz

130

-

-

Middledrift

59

Rouxville

22

-

-

Molteno

11

Sasolburg

290

-

-

Motherwell

716

Selosesha

350

-

-

Mount Ayliff

44

Senekal

94

-

-

Mount Fletcher

60

Smithfield

30

-

-

Mount Frere

71

Springfontein

14

-

-

Mqanduli

136

Steynsrus

43

-

-

Mthatha

417

Theunissen

69

-

-

New Brighton

697

Trompsburg

26

-

-

Ngcobo

125

Tseki

106

-

-

Ngqamakhwe

64

Tsheseng

49

-

-

Ngqeleni

182

Ventersburg

52

-

-

Pearston

1

Viljoenskroon

117

-

-

Peddie

54

Villiers

62

-

-

Port Alfred

1

Virginia

205

-

-

Port Elizabeth

805

Vrede

83

-

-

Port St Johns

72

Vredefort

44

-

-

Queenstown

187

Warden

31

-

-

Qumbu

66

Welkom

598

-

-

Seymour

1

Wepener

46

-

-

Somerset East

82

Wesselsbron

71

-

-

Sterkspruit

217

Winburg

51

-

-

Sterkstroom

13

Zastron

85

-

-

Steytlerville

6

-

-

-

-

Stutterheim

55

-

-

-

-

Tabankulu

61

-

-

-

-

Tarkastad

27

-

-

-

-

Tsomo

9

-

-

-

-

Uitenhage

177

-

-

-

-

Venterstad

30

-

-

-

-

Whittlesea

66

-

-

-

-

Willowmore

33

-

-

-

-

Willowvale

48

-

-

-

-

Zwelitsha

257

-

-

-

-

 Sub-Total

9 320

Sub-Total

7 619

 Sub-Total

14 380

Kwa-Zulu Natal

Limpopo

Mpumalanga

Court

Number of Applications

Court

Number of Applications

Court

Number of Applications

Babanango

8

Bela - Bela

129

Acornhoek

3

Bergville

38

Dzanani

273

Amersfoort

61

Camperdown

167

Ga-Kgapane

677

Amsterdam

37

Chatsworth

217

Giyani

632

Balfour

73

Colenso

3

Groblersdal

361

Barberton

136

Dannhauser

59

Lebowakgomo

486

Bethal

104

Dududu

39

Lenyenye

396

Breyten

56

Dukuza

20

Lephalale

179

Bushbuckridge

98

Dundee

67

Louis Trichardt

59

Carolina

71

Durban

384

Lulekani

139

Delmas

101

Ekuvukeni

22

Mahwelereng

467

Eerstehoek

138

Emlazi

518

Malamulele

428

Emakhazeni

54

Empangeni

148

Mankweng

507

Emalahleni

634

Eshowe

53

Modimolle

201

Emgwenya

26

Esikhawini

198

Mokopane

140

Ermelo

195

Estcourt

179

Mookgophong

90

Evander

338

Ezakheni

122

Morebeng

176

Graskop

40

Glencoe

36

Moutse

91

Hendrina

67

Greytown

48

Musina

244

Kabokweni

295

Harding

77

Mutale

152

Komatiepoort

14

Himeville

19

Namakgale

295

Kriel

147

Hlabisa

54

Nebo

323

Kwamhlanga

413

Hlanganani

72

Nkowankowa

431

Mashishing

139

Howick

149

Northam

168

Mbibana

134

Impendle

51

Phalaborwa

32

Mbombela

98

Ingwavuma

28

Phalala

219

Mdutjana

424

Inkanyezi

101

Polokwane

318

Middelburg

439

Ixopo

119

Praktiseer

676

Mkhuhlu

187

Izingolweni

43

Sekhukhune

475

Mkobola

205

Kokstad

54

Senwabarwana

293

Morgenzon

39

Kranskop

17

Seshego

617

Piet Retief

97

Kwadukuza

126

Thabazimbi

149

Sabie

54

Kwamsane

37

Thohoyandou

645

Secunda

63

Kwangwanase

56

Tiyani

207

Standerton

234

Ladysmith

93

Tshilwavhusiku

199

Thulamahashe

185

Louwsburg

3

Tshitale

101

Tonga

194

Madadeni

258

Tzaneen

57

Volksrust

53

Magudu

7

Vuwani

215

Wakkerstroom

9

Mahlabatini

69

Waterval

306

White River

15

Maphumulo

46

-

-

-

-

Matatiele

20

-

-

-

-

Melmoth

43

-

-

-

-

Mooi River

24

-

-

-

-

Mpumalanga

127

-

-

-

-

Msinga

51

-

-

-

-

Mtubatuba

131

-

-

-

-

Mtunzini

58

-

-

-

-

Ncotshane

110

-

-

-

-

Ndwedwe

50

-

-

-

-

New Hanover

87

-

-

-

-

Newcastle

62

-

-

-

-

Ngwelezane

127

-

-

-

-

Nkandla

35

-

-

-

-

Nongoma

142

-

-

-

-

Nqutu

126

-

-

-

-

Ntuzuma

463

-

-

-

-

Paulpietersburg

41

-

-

-

-

Phungashe

19

-

-

-

-

Pietermaritzburg

410

-

-

-

-

Pinetown

619

-

-

-

-

Point Branch Court

165

-

-

-

-

Pongola

2

-

-

-

-

Port Shepstone

195

-

-

-

-

Richmond

22

-

-

-

-

Scottburgh

172

-

-

-

-

Turton

51

-

-

-

-

Ubombo

90

-

-

-

-

Umbumbulu

267

-

-

-

-

Umzimkulu

95

-

-

-

-

Utrecht

26

-

-

-

-

Verulam

354

-

-

-

-

Vryheid

86

-

-

-

-

Weenen

12

-

-

-

-

Sub-total

8 087

Sub-total

11 553

Sub-total

5 670

North West

Northern Cape

Western Cape

Court

Number of Applications

Court

Number of Applications

Court

Number of Applications

Atamelang

65

Barkly West

162

Albertinia

18

Bloemhof

105

Britstown

26

Athlone

451

Brits

471

Calvinia

72

Atlantis

315

Christiana

76

Carnarvon

22

Beaufort West

179

Coligny

71

Colesberg

95

Bellville

635

Delareyville

104

De Aar

154

Bishop Lavis

667

Ditsobotla

151

Douglas

130

Bluedowns

498

Ganyesa

87

Fraserburg

19

Bonnievale

82

Ga-Rankuwa

707

Galeshewe

294

Bredasdorp

89

Groot Marico

15

Garies

14

Caledon

268

Kgomotso

70

Griquatown

20

Calitzdorp

52

Klerksdorp

450

Groblershoop

40

Cape Town

367

Koster

72

Hanover

20

Ceres

197

Lehurutshe

91

Hartswater

61

Clanwilliam

197

Lichtenburg

153

Hopetown

71

George

344

Madikwe

116

Jan Kempdorp

78

Goodwood

2

Mmabatho

476

Kakamas

84

Grabouw

24

Mogwase

382

Kathu

138

Heidelberg

14

Orkney

222

Keimoes

61

Hermanus

134

Ottosdal

36

Kenhardt

7

Hopefield

47

Phokeng

377

Kimberley

427

Khayelitsha

865

Potchefstroom

373

Kuruman

106

Knysna

176

Rustenburg

337

Mothibistad

234

Kuils River

379

Schweizer-Reneke

119

Noupoort

36

Laaiplek

17

Stilfontein

125

Olifantshoek

35

Ladismith

54

Swartruggens

36

Pampierstad

65

Laingsburg

14

Taung

143

Philipstown

73

Malmesbury

152

Temba

623

Pofadder

32

Mitchells Plain

529

Ventersdorp

117

Port Nolloth

9

Montagu

104

Vryburg

129

Postmasburg

194

Moorreesburg

49

Wolmaransstad

127

Prieska

83

Mossel Bay

56

Zeerust

63

Richmond

27

Murraysburg

38

-

-

Springbok

116

Nyanga

433

-

-

Sutherland

19

Oudtshoorn

309

-

-

Upington

261

Paarl

413

-

-

Victoria West

63

Piketberg

90

-

-

Warrenton

122

Porterville

42

-

-

Williston

8

Prince Albert

47

-

-

-

-

Riversdale

79

-

-

-

-

Robertson

189

-

-

-

-

Simons Town

251

-

-

-

-

Somerset West

162

-

-

-

-

Stellenbosch

125

-

-

-

-

Strand

165

-

-

-

-

Swellendam

149

-

-

-

-

Thembalethu

104

-

-

-

-

Tulbagh

45

-

-

-

-

Vanrhynsdorp

101

-

-

-

-

Vredenburg

50

-

-

-

-

Vredendal

87

-

-

-

-

Wellington

61

-

-

-

-

Wolseley

17

-

-

-

-

Worcester

696

-

-

-

-

Wynberg

554

Sub-Total

6 489

Sub-Total

3 478

Sub-Total

11 182

GRAND-TOTAL (CIVIL APPLICATIONS)

77 778

Figure 2: Number of Criminal Applications for the 2020/2021 Financial Year

Eastern Cape

Free State

Gauteng

 

Court

Number of Applications

Court

Number of Applications

Court

Number of Applications

Aberdeen

11

Bethulie

0

Atteridgeville

35

Adelaide

10

Bloemfontein

0

Benoni

1

Aliwal North

1

Bothaville

0

Brakpan

11

Bedford

2

Botshabelo

0

Bronkhorstspruit

0

Bizana

1

Brandfort

0

Cullinan

0

Butterworth

1

Bultfontein

72

Daveyton

0

Centane

5

Clocolan

2

Ekangala

0

Centane

0

Dewetsdorp

21

Fochville

0

Cradock

2

Edenburg

1

Germiston

0

Dutywa

11

Edenville MC

0

Heidelberg

0

East London

0

Excelsior

0

Kempton Park

2

Elliot

8

Fauresmith

2

Kwa Thema

34

Elliotdale

3

Ficksburg

8

Meyerton

4

Ezibeleni

4

Frankfort

5

Nigel

4

Flagstaff

4

Harrismith

16

Oberholzer

2

Grahamstown

0

Heilbron

2

Pretoria

87

Hankey

31

Hertzogville

4

Pretoria North

16

Humansdorp

139

Hobhouse

4

Randfontein

1

Jansenville

7

Hoopstad

36

Roodepoort

13

Keiskammahoek

2

Jacobsdal

28

Soshanguve

14

King Williams Town

2

Koffiefontein

26

Springs

12

Kirkwood

2

Kroonstad

0

Tsakane

0

Maclear

17

Ladybrand

0

Vanderbijlpark

26

Maluti

0

Lindley

2

Vereeniging

0

Mdantsane

0

Makwane

15

Wynberg

0

Middelburg

1

Memel

2

-

-

Motherwell

1

Odendaalsrus

11

-

-

Mount Ayliff

0

Petrus Steyn

1

-

-

Mount Fletcher

0

Petrusburg

11

-

-

New Brighton

380

Philippolis

10

-

-

Ngcobo

0

Phuthaditjhaba

3

-

-

Pearston

5

Reddersburg

8

-

-

Peddie

0

Reitz

12

-

-

Port Elizabeth

109

Rouxville

13

-

-

Queenstown

67

Sasolburg

63

-

-

Somerset East

0

Senekal

6

-

-

Sterkstroom

2

Smithfield

9

-

-

Steytlerville

10

Springfontein

2

-

-

Tabankulu

0

Steynsrus

0

-

-

Tarkastad

6

Theunissen

9

-

-

Uitenhage

25

Trompsburg

14

-

-

Whittlesea

1

Tsheseng

15

-

-

Willowmore

1

Ventersburg

2

-

-

Zwelitsha

24

Villiers

11

-

-

-

-

Virginia

70

-

-

-

-

Vrede

16

-

-

-

-

Welkom

195

-

-

-

-

Wepener

7

-

-

-

-

Winburg

13

-

-

-

-

Zastron

38

-

-

Sub-Total: 895

Sub-Total: 785

Sub-Total: 262

Kwa-Zulu Natal

Limpopo

Mpumalanga

Court

Number of Applications

Court

Number of Applications

Court

Number of Applications

Chatsworth

0

Bela - Bela

9

Amersfoort

8

Colenso

3

Dzanani

55

Barberton

0

Ekuvukeni

0

Ga-Kgapane

13

Bethal

0

Emlazi

0

Groblersdal

0

Breyten

0

Eshowe

0

Lebowakgomo (Thabamoopo)

2

Delmas

0

Estcourt

3

Lenyenye

27

Eerstehoek

2

Ezakheni

2

Lephalale

0

Ermelo

3

Ezakheni

0

Louis Trichardt

4

Evander

4

Greytown

0

Lulekani

1

Graskop

4

Harding

6

Mahwelereng

0

Mashishing

0

Himeville

0

Malamulele

30

Mbibana (Vaalbank)

0

Hlabisa

0

Mankweng

25

Mbombela (Nelspruit)

0

Hlanganani

1

Modimolle

8

Mhala / Thulamahashe

0

Howick

7

Mokopane

9

Middelburg

2

Inkanyezi Nyoni Madadeni

0

Mookgophong

30

Middelburg

1

Mooi River

3

Morobeng (Sekgosese)

2

Mkobola

5

Mtunzini

0

Moutse

1

Morgenzon

13

Ncotshane

0

Musina

0

Sabie

0

Newcastle

2

Namakgale

36

Secunda

1

Ntuzuma

0

Nebo

2

Standerton

3

Paulpietersburg

1

Nkowankowa

7

Volksrust

4

Pietermaritzburg

0

Phalaborwa

8

Wakkerstroom

2

Pinetown

2

Phalala

1

White River

4

Port Shepstone

0

Polokwane

0

-

-

Scottburgh

0

Praktiseer

5

-

-

Umzimkulu

0

Sekhukhune

0

-

-

Utrecht

0

Senwabarwana

60

-

-

Vryheid

1

Seshego

12

-

-

Weenen

0

Thabazimbi

17

-

-

-

-

Thohoyandou

0

-

-

-

-

Tiyani

25

-

-

-

-

Tshilwavhusiku

22

-

-

-

-

Tshilwavhusiku

0

-

-

-

-

Tshitale

40

-

-

-

-

Vuwani

27

-

-

-

-

Waterval

60

-

-

Sub-Total: 31

Sub-Total: 538

Sub-Total: 56

North West

Northern Cape

Western Cape

Court

Number of Applications

Court

Number of Applications

Court

Number of Applications

Atamelang

2

Barkly West

0

Albertinia

11

Bloemhof

0

Britstown

6

Athlone

27

Brits

11

Calvinia

4

Atlantis

4

Coligny

1

Carnarvon

10

Beaufort West

39

Ditsobotla

1

Colesberg

0

Bellville

13

Ga-Rankuwa

0

De Aar

19

Bishop Lavis

72

Klerksdorp

0

Douglas

17

Bluedowns

20

Lichtenburg

1

Fraserburg

0

Bonnievale

5

Madikwe

1

Galeshewe

16

Bredasdorp

1

Mmabatho

3

Griquatown

10

Calitzdorp

13

Ottosdal

0

Groblershoop

0

Cape Town

11

Potchefstroom

32

Kakamas

49

Ceres

0

Rustenburg

1

Kathu

2

Clanwilliam

1

Schweizer-reneke

5

Keimoes

7

George

2

Swartruggens

1

Kenhardt

4

Heidelberg

0

Temba

3

Kuruman

7

Heidelberg

1

Ventersdorp

1

Mothibistad

0

Hopefield

32

Vryburg

0

Pampierstad

0

Khayelitsha

8

Wolmaransstad

2

Philipstown

23

Kuils River

30

-

-

Pofadder

21

Ladismith

0

-

-

Hanover

0

Ladismith

2

-

-

Hartswater

4

Laingsburg

2

-

-

Hopetown

7

Malmesbury

39

-

-

Jan Kempsdorp

9

Mitchells Plain

35

-

-

Port Nolloth

2

Montagu

1

-

-

Postmasburg

24

Moorreesburg

9

-

-

Prieska

8

Mossel Bay

8

-

-

Sutherland

0

Nyanga

46

-

-

Upington

144

Oudtshoorn

66

-

-

Warrenton

14

Paarl

121

-

-

Williston

9

Piketberg

22

-

-

-

-

Porterville

31

-

-

 

-

Prince Albert

4

-

-

-

-

Riversdale

75

-

-

-

-

Robertson

9

-

-

-

-

Simon's Town

0

-

-

-

-

Somerset West

8

-

-

-

-

Stellenbosch

8

-

-

-

-

Strand

1

-

-

-

-

Swellendam

86

-

-

-

-

Thembalethu

0

-

-

-

-

Tulbagh

3

-

-

-

-

Uniondale

0

-

-

-

-

Wellington

1

-

-

-

-

Wolseley

4

-

-

-

-

Worcester

40

-

-

-

-

Wynberg

210

Sub-Total: 65

Sub-Total: 416

Sub-Total: 1 121

Grand Total: 4 169

2. The DoJ&CD has not implemented the Act as a result of a gap in the enabling provision. Whereas the Department initially developed guidelines to initiate the process to implement section 26(2A) of the Maintenance Act, 1998 (Act No. 99 of 1998) (the Act), it was realised that there is no provision creating a corresponding obligation for the Credit Bureaus to receive and use the information as provided for in the Act.

In view of this gap, the Department has requested the Legislative Development Branch to include the amendment of the Act to create this corresponding obligation to enable the Credit Bureaus to receive the orders and act accordingly. An amendment will be made through the Judicial Matters Amendment Bill to be introduced in Parliament later on during the year.

The “Blacklisting” provision of the Act, section 26(2A) cannot be implemented as it stands, and therefore the Department cannot provide statistics on the number of defaulters who have been blacklisted.

3. The DoJ&CD is unable to provide the breakdown figures of the blacklisted persons in each maintenance court and province for the specified periods since the provision could not be implemented as indicated above.

END

30 August 2022 - NW510

Profile picture: Horn, Mr W

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

What is the number of referrals that were made to credit bureaus in terms of section 11 of the Maintenance Amendment Act, Act 9 of 2015, since the section became operational on 5 January 2018?

Reply:

The Department has not implemented the referral of to the credit bureaus of default orders as the Maintenance Amendment Act, 2015 (Act No. 9 of 2015). There is a gap in the current legislation which prevents the implementation of section 11 of Act No. 9 of 2015 as it does not create a correlative responsibility for the credit bureaus to receive the default orders from the Maintenance Clerks and Maintenance Officers. Although the Department developed an internal circular to guide the officials on how to deal with the forwarding of the default orders, this circular has not been implemented pending the legislative amendment of the provision of the Act which will include the correlative responsibility for the credit bureaus to receive and use this information against the defaulters’ credit rating. The Department is currently monitoring defaulters through keeping of a Database of Defaulters pending the amendment of the Act No. 9 of 2015.

The Department acknowledges the need for the speedy amendment of section 26 (2A) of the Act. In view of this gap, the Department has requested the Legislative Development Branch to include the amendment of the Act to create this corresponding obligation to enable the Credit Bureaus to receive the orders and act accordingly. An amendment will be made through the Judicial Matters Amendment Bill to be introduced in Parliament later on during the year.

19 August 2022 - NW697

Profile picture: Horn, Mr W

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

With regard to his announcement on 23 July 2020 that the Council for Scientific and Industrial Research (CSIR) would undertake a forensic investigation into the failures experienced by the Department of Justice in respect of the MojaPay system, what are the details of the findings made by the CSIR?

Reply:

The Department of Justice and Constitutional Development (DoJ&CD) has engaged the Council for Scientific and Industrial Research (CSIR) to undertake a forensic investigation into the failures experienced by the DoJ&CD in respect of MojaPay system. The CSIR advised that they have the requisite skills to assist the Department, however, it was recommended that the Department of Correctional Services (DCS) be engaged for the participation by the DoJ&CD in the Memorandum of Understanding (MoU) which was signed between the CSIR and DCS.

1.1 A review of the DCS-CSIR MOU, in particular Service Programme 4, yielded that the Department could not utilise the said MOU because the deliverables/services did not make provision for a Forensic Investigation as was required by the Department as it only made provision for a service where the following high level deliverables are required:

(a) Current State Assessment;

(b) Future State; and

(c) GAP Analysis and Roadmap.

1.2 In light of the above, the DoJ&CD embarked on an exercise to determine the root cause, through the Major Incident Process of the Department, which was duly undertaken and completed.

1.3 It was determined that the root cause was Data Corruption as a result of the Database Administrator (DBA) of the Service Provider, having chosen an incorrect option in the Client Copy Process which should have been from the Quality Assurance (QA) Server to the Production Server (human error) instead of choosing from the Production Server to the QA Server. This led to the crash of the Production Server.

1.4 The solution could not be restored as per the prescribed Disaster Recovery timelines, primarily due to incomplete backups (system error on backups) which led to delays in getting the system functional. To reduce the restoration timelines, a process to copy the data on the servers to external hard drives had to be undertaken to restore the data.

1.5 The Department has implemented interventions from key lessons learnt to mitigate against possible future failures and recovery timelines such as:

  • Performing regular (scheduled) backup restore tests;
  • Optimizing the backup processes; and
  • Enabling active-active failover capabilities for MojaPay (from Primary Datacentre to the Secondary Datacentre).

END

12 August 2022 - NW276

Profile picture: Motsepe, Ms CCS

Motsepe, Ms CCS to ask the Minister of Justice and Correctional Services

What steps does he intend to take to improve the capacity of the magistrates’ courts to deal with civil matters?

Reply:

The Department of Justice and Constitutional Development seeks to intensify efforts in the use of Information and Communications Technology (ICT) as a strategic enabler to function more effectively and efficiently with the objective of improving internal operations and service delivery within the Department and its partners.

The two (2) facets of Modernising Business Services and Strengthening the ICT Infrastructure are interrelated, and are the key pillars for the overall Modernisation roadmap.

1. Modernising Business Services

Currently, access to Civil case adjudication in the lower courts is heavily dependent on foot traffic entering the court buildings for litigants and their representatives to file court papers. The Department seeks to modernize this access, and has embarked on a journey to provide an operational environment that is not so heavily dependent on physical appearance in the courtroom.

The ability to make use of e-filing and virtual appearances is a methodology to enable the courts to more effectively finalize civil matters and deal with the backlog in cases that have accumulated over time in the era of communicable diseases.

​1.1 Civil Case Management Solutions (ICMS – Civil module)

The ICMS Civil modernization case flow management functionality (Phase 1) was completed in 2017 and rolled out nationally to 488 courts.

The system enables the Department to strengthen its administrative capacity and capabilities in, amongst others, the following areas:

  1. Developing and monitoring service standards based on electronic case management information, intelligence and reporting;
  2. Limiting the extent of missing or fraudulent documents through scanning of documents to an integrated repository; and
  3. Determining influencing factors which have an adverse effect on the speedy finalization of cases by providing management information on the reasons for postponements focusing on unwarranted postponements which defeat the rationale behind providing speedy and cost-effective justice services.

1.2 Online interphase with Case management system

The Department’s ICMS Civil system is now being integrated to the Civil Online Portal and caters for case information to be passed from the initiating party to the ICMS solution and thereby eliminates data capturing duplication from paper-based documents and therefore improves data quality.

The integration of the online portal through which litigants and legal practitioners can converse with the court clerks and upload their court filing, is a development priority and is currently nearing the pilot phase for testing with external parties, i.e. Legal / Legal Aid South Africa practitioners.

The Governance structure supporting this development is reliant on the Criminal and Related Matters Amendment Act, 2021 (Act No. 12 of 2021) which contains amendments to the Magistrates’ Courts Act, 1944, so as to provide for “the giving of evidence through audio-visual link in proceedings other than criminal proceedings.”

The new Magistrate’s Court Act Rules that came into operation on 1 February 2022 are aligned to enabling digital filing of court documents and the virtual appearance of any or all parties to Civil court case proceedings.

The Online Portal is aligned to the Department’s modernization requirement to digitize all paper-based documents and through the creation of a portal whereby documents are uploaded outside the courthouse, this will render the cases initiated on system to be paperless from the start.

​1.3 Integration with Case participants – Case Outcome Messages and Court Orders

Alongside the paperless processing functionality, the Department has further developed Phase One of a digital work environment for Presiding Officers referred to as the e-Judicial Workspace.

The creation and transmission of a digital case file that has been enabled through the parties uploading court documents on the online portal to the ICMS system will enable the case file to be provided to the relevant Presiding Officer in digital format.

It is envisaged that the Judicial Officer would thus be enabled to perform case preparation from online case files and further empowered to issue court orders digitally using an authenticated digital signature to render the court order process to be paperless.

The integration through the Civil Online Portal together with the e-Judicial Workspace seeks to enable automatic transmission through electronic portals of all case/court related information (e.g. case schedules, case outcomes and Court orders) to the parties and their representatives.

This seamless creation, communication and storages of court orders also seek to improve the integrity of Civil court orders, especially in the Regional Court Divorce matters where the Department experiences challenges with fraudulent court orders being generated.

The Department is focused on transitioning from the current state to the desired state, i.e. the ability to dispense justice and adjudicate matters through new processes utilizing systems as a tool of trade. To this end, the involvement from the Judiciary to engage and drive the change required to utilize 4IR as a strategic enabler is crucial. This common objective shall be achieved through ensuring that the partners that are impacted by it and have an interest in it, are on board and supportive.

​1.4 Initiatives for Legislative reform

It is necessary to take into consideration the concurrent monetary jurisdiction between District and Regional Courts as well as the concurrent area of jurisdiction between the High Courts and Lower Courts, which is required to bring about further efficiencies in the courts for the long term.

​1.5 Integration with Department of Home Affairs’ System

The Department’s ICMS Civil system has been integrated with the Department of Home Affairs’ system. This integration, which has been implemented in all courts country-wide, caters for identification related information to be verified with Home Affairs, thereby improving data accuracy, quality and reducing fraudulent or misrepresented identification information.

​1.6 Audio Visual Remand (AVR) Solution expanding to a fully-fledged Court Audio Visual Solution (CAVS)

The current AVR solution implemented in forty-three (43) courts provides for the use of CCTV system in the court environment to facilitate the postponement of cases in which the accused is an Awaiting Trial Detainee, without the detainee leaving the Correction Centre. The Sexual Offences System enables a Closed-Circuit TV (CCTV) functionality for when intermediaries are utilised to assist vulnerable witnesses in sexual offence matters.

The implementation of the Converged Technology Project seeks to achieve a fully functional Court Audio Visual Solution (referred to as CAVS). This solution will enable the virtual appearance of any court participant in a civil matter. The next phase of the solution will be to provide a virtual courtroom whereby all parties to the matter will appear virtually.

2. Strengthening the ICT Infrastructure

Modernization of Business Services through the implementation of IT Business Solutions, requires a supporting, responsive and stable underlying IT infrastructure. The following are key achievements in terms of upgrading the IT Infrastructure:

​2.1 End User Devices: Scanning technology

The Department has implemented business solutions (e.g. ICMS Civil) that utilise scanning technology to enable the digitalization of court documentation into an electronic format. These scanners need to be continuously refreshed, and approximately 860 outdated case management system scanners have been replaced since 2015.

​2.2 Digital Signature Pads (hardware only)

The current process within the Department requires documents to be printed, physically signed and then scanned, resulting in increased printing and paper costs and turnaround times as well as creating dependencies on multiple devices such as printers and scanners. The objective of this project is to digitalize the court documentation and introduce a single inexpensive device known as signature pads to modernise the process of approving documents by means of a digital signature.

​2.3  Network Infrastructure

Installation of VPN (WAN) Optimisers in some of the courts to improve the performance of the already over utilised network in order to provide the necessary base infrastructure required to support the optimal operation of business solutions.

IT network infrastructure performance challenges create inefficient processing of business applications from network’s slow response experienced daily resulting in service delivery inefficiencies. The network upgrades (Core and Access Switches) are aimed at increasing bandwidth which is a crucial element for optimal performance of the DoJ&CD Business applications which includes the online portals aimed at improving service delivery and reducing frustration of users.

IT Disaster Recovery Plan supports the recovery or continuation of technology infrastructure critical to an organization after a natural or man-made disaster. Disaster recovery solution based on the service recovery needs at the time, was required to prevent the loss of data in the event of a disaster and to enable business continuity between the Departments.

3. Practical steps taken to improve the capacity of courts to deal with civil matters:

The Civil Jurisdiction for the Regional Court has been extended to various courts within the Region, thereby bringing services closer to communities by ensuring access to justice at the local Magistrates’ Courts.

The Regional Offices has appointed Registrars, who oversee Civil Court process management in the Region.

Furthermore, Assistant Registrars have been appointed in all courts where the Regional Civil Court sits, and stamps have been procured for all appointed Assistant Registrars. Clerks of the Civil Court have been trained to deal with Regional Civil Court matters.

Regarding court capacitation, the Department will try and ensure that all civil courts are capacitated with human capacity when the need arises. Dedicated Civil Clerks have already been introduced and implemented in the big courts, but in some small offices, the Clerks are not only dealing with civil matters, but other matters as well. Dedicated capacity should be implemented in all the courts.

Regarding training, this ensures that all officials who are newly and recently appointed, are trained accordingly. Where need arises, the continuous refresher trainings will be conducted.

Regarding IT Infrastructure, the Department strives to ensure that the IT equipment (computers, printers, scanners, etc) utilized is up to date and of good quality.

Regarding modernization, it is regarded as essential to introduce and implement the current system to all stakeholders to move faster, e.g. serving of court documents and receiving court orders electronically. The Regional Head of Free State, for example, recommended an investigation and option to link the Civil Divorce system with Stats SA and the Department of Home Affairs, so that when a decree of divorce is issued, a notice is sent immediately.

Issues receiving attention in Civil Courts by the Regional Offices are attached as Annexures A, B, C and D as received from the Regional Heads concerned.

 

 

12 August 2022 - NW1872

Profile picture: Breytenbach, Adv G

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

What (a) is the (i) average time it takes to issue a letter of executorship by the Masters Offices in the Republic and (ii) turnaround time with regard to each of the 15 offices in the Republic when compared to the legislated time period for the issue of such a letter and (b) are the primary reasons for taking any periods of time longer than the legislated period and (c) is the acceptable time period, besides the legislated time, for the issue of executorship letters; (2) Whether the time frame is (a) measured and/or (b) accessed by his department; if not, why not; if so, what are the relevant details in each case?

Reply:

1. (a) (i) After receiving all required documents, the Masters’ Offices took, on average,

Twenty one (21) working days to issue appointments such as Letters of Executorship as well as Letters of Authority in the 2021/22 financial year.

(ii) The Administration of Estates Act No. 66 of 1965 does not prescribe a specific

time period within which an appointment in a deceased estate needs to be issued by the Master. After receiving all required documents, the Masters Offices did 77% of all appointments within 21 working days after receiving all required documents, in the 2021/2022 financial year. The set target for this objective was 65%.

The average performance over the 2021/2022 financial year, per office, is as follows:

OFFICE

PERFORMANCE

BISHO

97.83%

BLOEMFONTEIN

84.51%

CAPE TOWN

56.12%

DURBAN

75.87%

GRAHAMSTOWN

87.28%

JOHANNESBURG

92.26%

KIMBERLEY

39.53%

MAHIKENG

79.78%

MTHATHA

99.99%

NELSPRUIT

52.96%

PIETERMARITZBURG

83.09%

POLOKWANE

80.49%

PORT ELIZABETH

85.74%

PRETORIA

63.37%

THOHOYANDOU

100.00%

(b) The Administration of Estates Act No. 66 of 1965 does not prescribe a specific

time period within which an appointment in a deceased estate needs to be issued by the Master.

(c) Each year, the Master’s Branch reconsiders its Annual Performance Plan (APP)’s

objectives to determine if they are still realistic, and requests to have them adjusted where a need to change them arises. Currently, the target is to issue 70% of all appointments within 21 working days. The acceptable time to issue appointments is influenced by various internal and external factors such as vacancies, Covid-19 Regulations, network speed, load shedding, system downtime and system challenges, etc. It also differs from office-to-office as the workload and demographic of offices are not the same.

2. The timeframe for the issuing of appointments in deceased estates are measured through the APP, which currently have the following output indicator for the 2022/23 financial year: 70% of letters of appointment issued in deceased estates within 21 days from receipt of all required documents

05 August 2022 - NW277

Profile picture: Motsepe, Ms CCS

Motsepe, Ms CCS to ask the Minister of Justice and Correctional Services

What is the policy position of his department with regard to judges who take leave of absence without having delivered judgments on urgent applications that were heard by them before they took leave?

Reply:

I would like to inform the Honourable member that; the office is waiting for a feedback from the Office of the Chief Justice.

05 August 2022 - NW2401

Profile picture: Breytenbach, Adv G

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

What are the reasons for the delay of approximately three months by the National Prosecuting Authority to respond to a request by the United Arab Emirates for photographs of and fingerprints of the Gupta Brothers, for whom an Interpol Red Notice was issued?

Reply:

There was no delay in providing the requested fingerprints and photographs. The following timeline reflects how this process progressed:

a) 02 March 2022: Request received from Interpol Pretoria, on a request that they received from Abu Dhabi on 01 March 2022 for fingerprints and photographs of the Gupta brothers.

b) 03 March 2022: Fingerprints requested from the Criminal Record Centre.

c) 04 March 2022: Requested fingerprints obtained from Criminal Record Centre.

d) 10 March 2022: Fingerprints forwarded to Interpol Pretoria.

e) 14 March 2022: Fingerprints and photographs sent to Abu Dhabi. Photographs were in fact sent with the Red Notices in June 2021 but sent again in March 2022.

05 August 2022 - NW1791

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Justice and Correctional Services

With reference to the reply of the Minister of Police, Mr B H Cele, to question 703 on 17 March 2022, what is the current status of the prosecution of each of the 19 accused instigators of the July 2021 unrest; 2) whether any additional persons have (a) been arrested and/or (b) appeared in court since 17 March 2022; if not, what is the position in this regard; if so, what is the (i) name of each additional person arrested and (ii) current status of the prosecution of each of the additional arrested persons?

Reply:

1. Below is the current status of the prosecution of each of the nineteen (19) accused instigators of the July 2021 unrest:

  1. Orifile Oratile Sedika: The matter was struck off the roll in terms of section 342A of the Criminal Procedure Act 51 of 1977 due to delays in investigation.
  2. Crispin Bethwell Sibongiseni Sikhakhane: The matter is adjourned to 02 August 2022 for legal representation and instructions.
  3. Themba Gundwane Emmanuel Minisi: The matter was postponed to 18 July 2022 for plea.
  4. Montsamai Phineas Letsoalo: The matter was provisionally withdrawn for further investigations to be conducted.
  5. Bonginkosi Khanyile: The matter was postponed for plea and trial purposes to 15-26 August 2022.
  6. Mdumiseni Kheta Zuma: The matter was remanded to 10 May 2022 for the outcome of consultations and attorney to confirm fees. 4-5 August and 1-2 September 2022 trial.
  7. Zamaswazi Zinhile Majozi: The matter was struck off the roll and subsequently declined to prosecute.
  8. Joe Bernington Mabaso: The matter was withdrawn on 30 May 2022 due to insufficient evidence.
  9. Mbonani Clarance Tabane: The matter was withdrawn on 20 October 2021.
  10. Brian Ngizwe Mchunu: The matter has been adjourned for plea and trial to 12-13 October 2022.
  11. Bruce Nimmerhoudt: The matter was postponed for plea and trial purposes to 25-29 July 2022.
  12. Sibusiso Mavuso: The matter was withdrawn on 15 March 2022 due to insufficient evidence.
  13. Sabelo Msomi: The accused appeared in court and the matter has been postponed to 22 July 2022 for trial.
  14. Ike Thamsanqa Khumalo: The matter was remanded to 19 August 2022 for the results of the Mutual Legal Assistance application to the USA.
  15. Solani Silawule, Sifiso David Nhlapo, Daluxolo Sizwe Weyi and Cebolazakha Sabelo Zondo: The Deputy Public Prosecutor did not pursue incitement charges but theft charges are preferred. The case is no longer being monitored as incitement case, and the matter was last in court on 22 June 2022.
  16. Mandla Mahlangu: The matter was withdrawn on 07 December 2021.

2. There have been no additional persons arrested since 17 March 2022. The details as set out above has thus not change.

END

05 August 2022 - NW2305

Profile picture: Breytenbach, Adv G

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

With reference to the limited and slow pace of progress made by the National Prosecuting Authority’s Priority Crimes Litigation Unit in the prosecution of matters emanating from the Truth and Reconciliation Commission (TRC), what steps will he take to improve the (a) communication process with the families of victims who are not receiving speedy justice for crimes committed against family members and (b) slow pace of progress with the prosecution of matters emanating from the TRC?

Reply:

a) Steps taken to improve the communication process with the families of victims who are not receiving speedy justice for crimes committed against family members

The National Prosecuting Authority (NPA) has already taken steps to improve the communication process with families of victims emanating from Truth and Reconciliation Commission (TRC) matters. The Office of the Deputy National Director of Public Prosecutions (DNDPP), Adv de Kock, issued an internal memorandum on 2 June 2022, directing all dedicated TRC prosecutors to engage actively and directly with family members in respect of their matters. This is in line with the NPA’s victim-centered approach. A deadline was set in respect of which the contact details and names of all families affected, had to be compiled and forwarded to the National Office by 29 July 2022. Strict monitoring of regular updates to families will be captured on the monthly TRC reports, with particular communication dates documented thereon.

b) Steps to be taken to improve the slow pace of progress with the prosecution of matters emanating from the TRC:

The NPA acknowledges that the delay in finalising outstanding cases is unacceptable. However, the NPA does not have an investigative capacity, annd the functions of an investigator rests with the Directorate for Priority Crime Investigation (DPCI). Prosecution Guided Investigation (PGI) methodology is being followed in respect of all TRC investigations. The NPA is working closely with colleagues/officials in the South African Police Service (SAPS) and the DPCI to ensure that it is able to deal with all outstanding cases on an urgent basis.

The following measures have been implemented to expedite the speedy finalisation of investigations and decisions whether or not to institute a prosecution:

  1. Scoping exercise completed to identify additional resource allocation to NPA and DPCI;
  2. Appointing dedicated capacity within the NPA and DPCI to specifically deal with TRC matters;
  3. Joint collaboration with DPCI to expedite investigations and prosecutions/decisions;
  4. Creation of a separate portfolio at Head Office to manage, monitor and evaluate progress in respect of TRC matters;
  5. Identified matters for prioritisation within the DPP divisions of the High Courts;
  6. Divisions set action plans and time-frames for completion of investigations and decisions;
  7. Monthly progress reports submitted to Head Offices of the NPA and DPCI: Monitoring, evaluation and assessment;
  8. Identification of challenges and impediments in respect of each case and how to overcome it;
  9. Addressing challenges pertaining to dockets, inquests documents that are destroyed, witnesses/perpetrators who are old, tracing of witnesses and suspects;
  10. Immediate redress and guidance to prosecutors and investigators in respect of outstanding investigations;
  11. Interventions employed where there’s no progress within divisions;
  12. Quarterly joint, accountability instituted sessions between NPA and DPCI;
  13. Training and skills transfer between NPA and DPCI implemented;
  14. Ongoing coordinated guidance and support from Head Office; and
  15. Ongoing consultation with victims and family members and continuous feedback to families via the offices of the NPA and DPCI.

END

02 August 2022 - NW2367

Profile picture: Engelbrecht, Mr J

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

(1)Whether interaction with the (a) victims and (b) their families is a requirement in the parole hearing of the perpetrator; if not, why not; if so, what are the relevant details; (2) what are the number of cases in which victims and/or their families were not consulted before parole was granted since 1 March 2019?

Reply:

1. The Department of Correctional Services (DCS), in support of Government Victim Empowerment Programme (VEP), developed procedures to facilitate and promote the involvement of victims in Correctional Supervision and Parole Boards (CSPB) meetings whern an offender is considered for possible placement on parole.

in order to facilitate the involvement of victims in the Parole Board meetings, provisions were made in both Section 75 (4) of Correctional Services Act, 1998 (Act 111 of 1998), as well as Section 299 A of the Criminal Procedure Act, 1977 (Act 51 of 1977) to regulate matters in this regard.

1. (a) & (b) Yes, it is a requirement to consult only victims of offences that are specified in section 299A of Act 51 of 1997. Such a victim, whether was present or absent during the sentencing of the offender, have the right to be informed of his right to make representations when placement of an offender on parole, day parole or correctional supervision is being considered. The victim is notified of the date, time and place of the Parole Board meeting. Formats of the representations, process of the meeting, and influence of representation on the decision are also explained to the victim.

In case where the primary victim was murdered the family is also considered as victim and is invited to make a representation when an offender is considered for possible placement. It is important to note that the notification/ invitation is sent to the victim at least 30 days to the scheduled date of the Parole Board meeting.

A list of such offences in which victims may participate in the parole processes is provided as follows in section 299A of the Act 51 of 1977:

a) Murder or any other offence which involves the intentionally killing of person;

b) Rape;

c) Robbery where the wielding of a fire-arm or any other dangerous weapon or the infliction of grievous bodily harm or the robbery of a motor vehicle in involved;

d) Assault of a sexual nature;

e) Kidnaping or any conspiracy, incitement or attempt to commit any offence contemplated in paragraphs (a) to (b)

However, a victim of any other offence not listed above is also allowed to make representations to the Parole Board and the Board may not disapprove such a request without good reason.

The Department has employed Auxiliary Social Workers who are amongst others assisting with victim tracing in each Management Area.

2. The table below outlines the number of cases in which victims and\/ or their families were not consulted before parole was granted:

Region

2019/2020

2020/2021

2021/2022

Eastern Cape

20

81

15

Limpopo, Mpumalanga, North West

245

470

351

Free State & Northern Cape

21

39

07

Kwa-Zulu Natal

235

605

947

Gauteng

836

776

551

Western Cape

39

62

11

Grand Total

1396

2033

1882

Covid-19 had a negative impact on victim participation in the Parole Board meetings, which made it difficult for more victims to be traced during that period. Although some participated in Victim Offender Dialogue they have registered a need not to participate when parole is considred.some victims that were traced had relocated to unknown areas. It should be noted that efforts have been made to trace all victims with no success.

For the same reported period the following number of victims participated in the Parole Board meetings through various forms of representations during parole processes such as physical, written and audio recordings.

2019/2020

2020/2021

2021/2022

1456

1765

1721

END

29 July 2022 - NW2214

Profile picture: Langa, Mr TM

Langa, Mr TM to ask the Minister of Justice and Correctional Services

Whether, following the discovery of a cell phone in the possession of Philemon Lukhele while he is in remand custody for the murder of Hillary Gardee, his department ascertained (a) how he got to be in possession of the cell phone, (b) what did he use the cell phone for and (c) how will this affect the ongoing investigation into the case; if not, what is the position in each case; if so, what are the relevant details in each case?

Reply:

a) Upon enquiry remand detainee, Philemon Lukhele alleged that a cell phone was delivered to him by unknown Correctional Official. The Department and South African Police Services conducted an investigation, subsequently an official who is suspected of giving the mentioned inmate the cell phone was issued with a contemplation of suspension letter as part of the departmental disciplinary process.

b) The matter was reported to South African Police Services (SAPS) under case number 420/05/2022, which should determine what the cell phone was used for.

c) The criminal investigation by SAPS which is currently underway will determine its impact on the ongoing murder investigation.

END.

27 July 2022 - NW2302

Profile picture: Horn, Mr W

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

Whether the National Prosecuting Authority has taken any decision on whether any prosecution will be instituted in respect of case number CAS 109/09/2021 opened at the Parkweg Police Station, with regard to possible financial crimes committed within the administration of the Mangaung Metropolitan Municipality; if not, what is the reason for the failure to take such a decision; if so, what are the relevant details?

Reply:

The Director of Public Prosecutions: Free State confirmed that the Specialised Commercial Crime Unit received the said criminal case docket, allocated to a Senior Advocate to deal with the docket. Additional information was subsequently submitted by the Investigating Officer towards the end of May 2022 for evaluation. The decision in respect of all matters is pending.

18 July 2022 - NW1780

Profile picture: Horn, Mr W

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

What total number of persons (a) were charged with offences in terms of the State of Disaster Regulations, as amended from time to time, declared and maintained by the Government from 15 March 2020 until 4 April 2022 in order to manage the COVID-19 pandemic and (b) formally appeared in court on a charge of contravening the said regulations?

Reply:

a) The National Prosecuting Authority (NPA) does not arrest or charge accused but is involved in the prosecution of accused persons. The South African Police Service will be in a better position to respond to the above question, especially due to admission of guilt options having been determined by the Judiciary on various of these contraventions. Persons charged with offences related to contraventions in terms of the State of Disaster Regulations, may have paid admission of guilt and those dockets would not be sent to NPA – except if the admission of guilt fine may have been set aside in terms of Section 57(7) of the Criminal Procedure Act, Act 51 of 1977.

b) Information extracted from the Electronic Case Management System consists of 265 accused still in court with cases involving 9 489 accused disposed of in court. The total accused that appeared on charges relating to the State of Disaster Regulations amounts to 9 754 accused.

14 July 2022 - NW2376

Profile picture: Engelbrecht, Mr J

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

What number of (a) prisoners are currently incarcerated in our prison system as a result of drug related offences, (b) these incarcerations are a result of cannabis related offences and (c) the cannabis related offences involved amounts of less than 50 grams of cannabis?

Reply:

a) The table below provides details of the number of Prisoners currently incarcerated in our prisons system as a result of drug related offences:

Region

Remand Detainees

Sentenced

Total

Eastern Cape

132

207

339

Free State, Northern Cape

25

95

120

Gauteng

529

220

749

KwaZulu- Natal

129

109

238

Limpopo,Mpumalanga, North –West

62

187

249

Western Cape

798

642

1440

National

1675

1460

3135

b) The crime description captured on the Integrated Inmate Information Management System (IIMS) is “Dealing and/ possession of prohibited drugs)”

In the legacy Admissions and Release (A&R) system, the crime description is “( Marijuana- Possession of) (Marijuana- Use of), ( Marijuana- Crimes N.M.E), (Marijuana- Trade With), (Proh Habit form Med Use/ Possess)”. It can therefore not be ascertained if Marijuana (cannabis) is the only drug related offence to the exclusion of other drugs offences being captured on the system to make the distinct difference.

Region

Remand Detainees

Sentenced

Total

Eastern Cape

132

179

311

Free State, Northern Cape

25

94

119

Gauteng

529

220

749

KwaZulu- Natal

129

105

234

Limpopo,Mpumalanga, North –West

62

186

248

Western Cape

798

638

1436

National

1675

1422

3097

(c) The information regarding possession of marijuana in quantities is not captured on the Admission and Release System.

END