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07 September 2015 - NW3126

Profile picture: Davis, Mr GR

Davis, Mr GR to ask the Minister of Justice and Correctional Services

(1) Whether a certain person (name furnished) was found guilty and convicted of driving under the influence of alcohol in 1994 and was also found guilty and convicted of culpable homicide in 1998; if so, (a) what are the specific details of the offences that the specified person was convicted of, (b) which courts handed down such conviction and (c) what sentences were handed down; (2) Was the specified person incarcerated as a result of each specified conviction; if so, for how long in each specified case; and (3) Have any of the specified convictions been expunged by his department; if so, (a) on what date were they expunged, (b) under whose authority were they expunged, (c) in terms of what legislation were they expunged and (d) what reasons were considered when the convictions of crimes were expunged?

Reply:

(1) The Departments of Justice and Constitutional Development and of Correctional Services, are not responsible for the keeping of criminal records of previous convictions. This is a function of the South African Police Service (SAPS), in particular the Criminal Record Center of the SAPS (CRC). This question should therefore be referred to the Ministry of Police for an answer or input in this regard.

(2) The Department of Justice and Constitutional Development does not have specific information in this regard.

(3) No. (a) to (d) therefore fall away.

 
 
 
 
 
 

Please also find attached a copy of the Parliamentary Question answer No 2615 of the 7th August 2015, where-in the Honourable Member is informed that no pardon has been granted by the President to the person in question, because additional information is still being awaited.

Pardons are submitted for consideration by the President, when the person concerned, does not qualify to have his conviction expunged in terms of the Criminal Procedure Act, 1977. Applications for expungement are submitted to the Director-General of the Department of Justice and Constitutional Development, where a convicted person has been convicted of an offence for which he/ she did not serve a term of direct imprisonment; the conviction happened more than 10 years ago; and he or she has not been found guilty of a sexual offence against a child or a mentally disabled person, which would then mean that such person’s details will be added to the National Register of Sexual Offenders in terms of Chapter 6 of the Criminal Law Amendment (Sexual Offences and Related Matters) Act, 2007 (Act No 32 of 2007).

It is the responsibility of the person applying for a pardon and/or an expungement, to obtain a SAPS Clearance Certificate from the Criminal Record Centre him- or herself, to submit to the Department of Justice and Constitutional Development, for consideration of the expungement, if there was no direct term of imprisonment imposed, after 10 years have passed and the person has not been convicted of a sexual offence against a child or a mentally disabled person. In the latter case, an expungement will not be granted and the only option for removal of a person’s criminal conviction/s, is to apply for a Presidential pardon.

 

24 August 2015 - NW2799

Profile picture: Msimang, Prof CT

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

What steps has his department taken to abolish the use of social networks by inmates which pose serious security risks in prisons?

Reply:

In order to provide a comprehensive response, the Department has maintained its policy of not allowing unauthorised communication devices which give the use primary access to such applications as Facebook, Twitter etc.

The Department continues to take various steps to prevent or reduce the use of unauthorized communication devices within Correctional Centres. These steps include the following:

  • The launching of a Back-2-Basics security campaign aimed at reasserting the importance of basic security measures and competencies such as searching of persons and goods.
  • The searching of inmate cells and belongings sporadically (at extraordinary times) to find and remove unauthorized communication devices that may have entered the Correctional facilities.
  • The installation of cell-phone detection systems in various Correctional Centres to assist officials in the identification and removal of unauthorized communication devices. Cell-phone detection systems are currently in the process of being installed at 39 Correctional Centres.
  • The Department is also in the process of installing 14 body scanners at 7 Correctional Centres to further assist officials.
  • The Department has initiated a process of engagement with the Independent Communications Authority of South Africa (ICASA) to explore various technical and/or legal solutions – including but not limited to cell-phone jamming.
  • The DCS is part of an inter-departmental process exploring technical counter-measures in part responding to gangs as a security threat group. This is a conscious effort to partner with other state law enforcement agencies in finding sustainable solutions to the holistic challenges (including integrity management of personnel).

24 August 2015 - NW2829

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Figlan, Mr AM to ask the Minister of Justice and Correctional Services

Does his department have any statistical information on how many (a) court cases and (b) resultant convictions were made in relation to the outbreak of violent xenophobic attacks in (i) 2008 and (ii) more recently in 2015? NW 3302 E

Reply:

(a) and (b) I wish to inform the Honourable Member that the Department of Justice and Constitutional Development has limited statistical information in relation to the court cases and resultant convictions made in relation to the violent attacks against foreign nationals in 2008 and 2015. The reason for this is that there is no specific crime category prosecuted or recorded in official data bases relating to “violent xenophobic attacks”. Crimes committed in this regard are therefore normally crimes such as assaults or murders where the victims are foreign nationals. These cases are thus recorded as normal crimes in terms of the SAPS CAS system and the court registers. Limited manual recording of such incidents and cases were dealt with during 2008. During 2015 more detailed capturing of statistics are being done by the South African Police Service and the National Prosecution Authority under auspices of the Justice Crime Prevention and Security (JCPS) Cluster and its NATJOINTS Sub-Committee, and this is reported through the Inter-Ministerial Committee (IMC: Migration) dealing with Migration issues..

(i) 2008 incidents:

With regard to the 2008 incidents relating to foreign nationals, the department recorded that arrests led to 597 such cases going to court from May 2008. To monitor what happened to these cases, an investigation at the end of October 2009, revealed that 218 of these cases were withdrawn (for various reasons, but in many instances because the witnesses became missing or left the country), 159 of these cases were finalised with a verdict (98 guilty, 61 not guilty), 9 cases were still partly-heard, 75 cases were still to be tried and in 77 cases, further investigation was still being finalised, whilst 27 warrants of arrest were also issued. These matters were part of the normal court rolls at that stage and no further specific monitoring records were kept in relation to these matters.

(ii) 2015 incidents:

According to an IMC press release in May 2015, it was indicated that there were eighty-seven (87) cases, eighty-three (83) of which were postponed for further investigation and four (4) that had been finalized. Of this, three cases resulted in convictions and one case was finalized through Alternative Dispute Resolution Mechanism (mediation).

As at the end of July 2015, the statistics changed as follows: there were a total of a hundred and ten (110) such cases, of which seven (7) had been withdrawn or struck off the roll, six (6) had been finalized and ninety-seven (97) had not yet been finalized. Of the six (6) cases finalized, there were four (4) convictions, one (1) nolle prosequi (decision not to prosecute) and one (1) finalized through Alternative Dispute Resolution Mechanism (mediation).

It can be noted that the IMC: Immigration on a regular basis briefs the country on these issues through media briefings. A further media briefing indicating progress in dealing with the issues relating to Foreign Nationals, including the cases finalized, will follow soon (on 22 August 2015).

Background information:

In terms of the breakdown of the 2008 incidents, the 597 cases can be disaggregated per crime category (charges) as follows:

Public Violence                 

112

Housebreaking 

107

Attempted robbery/robbery

96

Murder / attempted murder

62

Theft

58

Malicious Damage to Property

36

Assault/ GBH

31

Intimidation

22

Armed robbery

22

House robbery

11

Arson

9

Rape / attempted rape

8

Business robbery

6

Other crimes

17

Total

597

14 August 2015 - NW2659

Profile picture: Horn, Mr W

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

(1) How many small claims courts were established by his department during the 2014/15 financial year; (2) How may cases were finalised monthly by each of the specified courts? NW3090E

Reply:

  1. 39 new Small Claims Courts were established during the 2014-2015 financial year:

Mitchells Plain (WC), Bergville (KZN), Clanwilliam (WC), Boshof (FS), Herschel (EC), Fouriesburg (FS), Lions River (KZN), Polela (KZN), Phalaborwa (LP), Stilfontein (NW), Glen Grey (EC), Christiana (NW), Calitzdorp (WC), Goodwood (WC), Kuils River (WC), Pearston (EC), Namakgale (LP), Adelaide (EC), Bedford (EC), Wellington (WC), Impendle (KZN), Murraysburg (WC), Hopefield (WC), Mount Ayliff (EC), Heidelberg (WC), Uniondale (WC), Lady Grey (EC), Nkandla (KZN), Pofadder (NC), Piketberg (WC), Mapumulo (KZN), Mtunzini (KZN), Postmasburg (NC), Hanover (NC), Molteno (EC), Hay (NC), Tseki (FS), Laingsburg (WC) and Prince Albert (WC)

30 new Small Claims Courts were established from 1 April 2013 to 31 March 2014:

Ngotshe (KZN), Elliot (EC), Msinga (KZN), Madikwe (NW), Peddie (EC), Middledrift (EC), Mooi River (KZN), Clocolan (FS), Camperdown (KZN), KwaMhlanga (MP), Mbibana (MP), Mdutjana (MP), St Marks (EC), Mutale (LP), Atteridgeville (GP), Secunda (MP), Dzanani (LP), Vanrhynsdorp (WC), Bultfontein (FS), Williston (NC), Sebokeng (GP), Melmoth (KZN), Reitz (FS), Nqutu (KZN), Hennenman (FS), Virginia (FS), Ventersburg (FS) Sasolburg (FS), Tsakane (GP) and Vuwani (LP)

14 new Small Claims Courts have been established since 1 April 2015:

Babanango (KZN), Libode (EC), Tabankulu (EC), Wodehouse (EC), Indwe (EC), Tsolo (EC), Qumbu (EC), Simon’s Town (WC), Middelburg (EC), Sterkstroom (EC), Tiyani (LP), Barkly East (EC), Kakamas (NC) and Flagstaff (EC)

2. The statistics for the new 39 Small Claims Courts is not yet readily available on the department’s ICMS system which is our main statistics information source as these courts are still being assisted to get registered and trained to use the system. However the 2014/15 national stats for the SCC were as follows:

Matters Finalized - Broken down into Regions:

                 

Regions

Q1

Q2

Q3

Q4

Grand Total

Amount

Average of Days :

Registration to Finalisation Date

Average of Days:

First Hearing Date to Finalization date

Eastern Cape

596

626

603

655

2480

R 10 609 170.11

70.48

 52.97

Free State

267

205

252

279

1003

R 2 988 213.13

56.43

35.08

Gauteng

2711

2940

2217

2430

10298

R 53 338 021.86

39.48

19.87

Kwazulu Natal

870

901

809

816

3396

R 19 196 151.86

111.63

68.89

Limpopo

845

947

825

902

3519

R 12 391 156.03

87.96

60.12

Mpumalanga

419

571

573

374

1937

R 8 626 175.45

83.65

56.41

North West

671

585

497

361

2114

R 8 143 952.28

87.20

37.85

Northern Cape

177

99

85

90

451

R 1 814 831.20

45.93

20.79

Western Cape

740

901

801

890

3332

R 19 972 283.98

                   77.20

27.56

Grand Total

7296

7775

6662

6797

28530

R 137 079 955.90

                   68.38

                 

Matters Finalized - Broken down into Outcomes:

Outcomes

Q1

Q2

Q3

Q4

Grand Total

%

Absolution

131

155

100

143

529

2%

Case Dismissed

559

664

529

500

2252

8%

Case Struck of Roll

2380

2579

2283

2387

9629

34%

Case Withdrawn

81

98

77

103

359

1%

Default Judgement

1316

1284

1150

1526

5276

18%

Judgement Granted

2435

2604

2150

1859

9048

32%

Out of Court Settlement

317

329

272

229

1147

4%

Postponed

77

61

101

46

285

1%

Rescission Granted

 

1

 

4

5

0.02%

Grand Total

7296

7775

6662

6797

28530

100%

 

14 August 2015 - NW2684

Profile picture: Breytenbach, Adv G

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

Whether (a) he, (b) his Deputy Ministers and (c) any officials in his department travelled to China in the 2014-15 financial year; if so, what was the (i) purpose of each specified visit and (ii)(aa) total cost and (bb) breakdown of such costs of each specified visit?

Reply:

I wish to inform the Honourable Member that (a) neither I nor the former Minister of Justice and Constitutional Development travelled to China during 2014-15;

(b) the Deputy Minister of Justice and Constitutional Development and Deputy Minister of Correctional Services did not travel to China during 2014-2015; and

(c) I have been informed that no officials from all the departments, travelled to China during the 2014-15 financial year.

(i) and (ii) therefore fall away.

14 August 2015 - NW2675

Profile picture: Majola, Mr TR

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

(1) With reference to his reply to question 1822 on 8 June 2015, why did he not refer to the docket with CAS number 63/03/2012 in his reply; (2) Why did he state in the specified reply that the investigations were concluded and that the National Prosecuting Authority (NPA) declined to prosecute when the aforesaid docket is open and currently still being investigated; (3) Will he provide the findings of the Auditor-General stating that there was no wrongdoing; if not, why not; and (4) Has the NPA been contacted by the Department of Trade and Industry to assist in the investigation into the misappropriation of funds by a certain company (name furnished)?

Reply:

I wish to inform the Honourable Member that I have been informed by the National Prosecuting Authority that:


  1. The Director of Public Prosecutions (DPP), South Gauteng indicates that Sandton CAS 63/3/2012 is a case involving theft (shoplifting) of lingerie valued at R99.00 at Woolworths Store in Sandton City on 2 March 2012 committed by a female student, aged 26 years, who appeared in court on 5 March 2012 and the matter was postponed to 20 March 2012. It is however inconceivable that this is a matter that the DA is referring to or interested in. It would assist if the Honourable member of the Democratic Alliance provides more details about the docket the Honourable member is referring to.The Serious and Commercial Crimes Unit (SCCU) Johannesburg Office only dealt with and declined to prosecute in Sandton CAS 1242/09/2010. The Special Director SCCU and Director of Public Prosecutions, Gauteng, are currently engaging in evaluating the request to review the said decision declining to prosecute in respect of Sandton CAS 1242/09/2010 where the complainant in the matter was Mr Sheldon Chellakooty and not the Department of Trade and Industry (DTI). CAS number 63/03/2012 was never referred to the SCCU.
  2. See response in (1) above.
  3. The findings of the Auditor-General can be obtained from his office. These findings were specifically referred to by the suspect in Sandton CAS 1242/09/2010.
  4. The SCCU Johannesburg office in particular has not been contacted.

07 August 2015 - NW2634

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Justice and Correctional Services

Whether, in light of South Africa’s international and domestic legal obligations, a court order for the arrest of president Omar al-Bashir of the Sudan for genocide was at any stage issued in terms of the legislation which grants the International Criminal Court jurisdiction in South Africa; if not, why not: if so, what are the relevant details?

Reply:

The Minister wishes to inform the Honorable member that  at the time the original genocide warrant was issued by the International Criminal Court in July 2010 against President Al Bashir, the Department of Justice and Constitutional Development received confirmation from the Department of International Relations and Cooperation (DIRCO) that the second warrant relating to genocide charge and accompanying statements had been dispatched but that it had not been received at the Department for processing.

Following the receipt of this Parliamentary question, the Department has since forwarded a request to DIRCO urging them to obtain confirmation from South Africa’s Mission in The Hague of the specific date upon which the  original genocide warrant was transmitted to DIRCO for onward transmission to DOJCD. The Department therefore awaits a response in this regard from our Mission in The Hague.

As there had been difficulty locating the whereabouts of the original genocide warrant, the Magistrate’s Court for the District of Pretoria has not as yet been seized with the task of endorsing and ultimately issuing the second warrant against President Al Bashir for crimes of genocide for which he has been indicted by the International Criminal Court on 12 July 2010.

27 July 2015 - NW2409

Profile picture: Breytenbach, Adv G

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

What amount did (a) his department and (b) each entity reporting to him spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?

Reply:

  1. The Department of Justice and Constitutional Development spent the following amounts on advertising:

Publication

(aa) 2012/2013

(bb) 2013/2014

(cc) 2014/2015

  1. Sowetan

N.A.

R1,899,151.22

R2,207,842.37

  1. Daily Sun

N.A.

R2,184,923.24

R1,894,286.46

  1. (i)Legal Aid SA:

Publication

(aa) 2012/2013

(bb) 2013/2014

(cc) 2014/2015

  1. Sowetan

R60,374.40

R154,967.04

R90,944.64

  1. Daily Sun

R112,039.20

R186,732.00

R149,385.60

(iii) National Prosecuting Authority:

Publication

(aa) 2012/2013

(bb) 2013/2014

(cc) 2014/2015

  1. Sowetan

R28,892.16

R18,374.76

R275,193.26

  1. Daily Sun

N. A.

N.A.

R59,635.68

 

(ii) Special Investigation Unit:

The SIU has reported that they have not spent on advertising in the Sowetan and Daily Sun newspapers in the period in question.

Department of Correctional Services

The details pertaining to amount spent on advertising are as follows:

(i) The Sowetan

(aa) 2012-13 financial year : None

(bb) 2013-14 financial year : None

(cc) 2014-15 financial year : R59 540.83

(ii) The Daily Sun

(aa) 2012-13 financial year : None

(bb) 2013-14 financial year : None

(cc) 2014-15 financial year: None

Office of the Chief justice and judicial administration

The Office of the Chief Justice did not place any advertisements in the (i) Sowetan and (ii) Daily Sun newspapers in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years, consequently no monies were spent towards advertising.

27 July 2015 - NW2542

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Justice and Correctional Services

(1)Whether any unit attached to the (a) SA Police Service (SAPS) or (b) SA Revenue Service (Sars) has investigated the amounts which (i) a certain person (name furnished) and (ii) two officials of the Local Action Committee (LAC) for Fifa’s 2010 Soccer World Cup Tournament received from (aa) Fifa, (bb) the Government or (cc) any other person/s associated with Fifa, which were allegedly not declared by them and on which no tax was paid; if so, (aaa) when was the investigation undertaken, (bbb) who led the investigation, (ccc) when was the investigation finalised and (ddd) whether a recommendation was made to prosecute a person or persons in this regard; (2) whether, consequential to the specified investigation, a certain person (name and details furnished) from the Special Revenue Unit of the National Prosecuting Authority decided to prosecute a person or persons; if not, who took the decision to institute prosecutions; (3) whether (a) steps were taken to prosecute a person or persons and (b) the prosecution was carried out; if not, why not; if so, what was the outcome of this case; (4) Whether he will investigate such claims? NW2914E

Reply:

The Minister wishes to inform the Honorable member as follows:

  1. Questions regarding investigations by the South African Police Service and the SA Revenue Service should be submitted to the Minister of Police and the Minister of Finance, respectively, as it does not fall within the line function of my Ministry.
  2. I have been informed that the National Prosecuting Authority is not aware of such a matter being referred to the prosecutor.
  3. Falls away.
  4. Yes. If more substantiated can be provided.

27 July 2015 - NW2543

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Justice and Correctional Services

With reference to his reply to question 1705 on 26 May 2015 and to question 1485 on 30 April 2015, when does he intend to finalise the (a) investigation into the actions of the Midvaal Local Authority, (b) report of the Special Investigative Unit regarding the specified local authority, (c) signing off of the specified report by the President and (d) steps to be taken against any institutions or persons identified in the specified report?

Reply:

The SIU Report is still in process of legal review by the SIU. The reason for this process taking so long is that the lead investigator passed away. As a result a new investigator had to be assigned to re-engage the whistleblowers to clarify certain aspects of the investigation.

27 July 2015 - NW2545

Profile picture: Msimang, Prof CT

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

With reference to the perceived inconsistency in the manner in which the Department of Correctional Services is handling medical parole applications, (a) how many applications for parole were received in the 2013-14 financial year, (b) how many of the specified applications were successful and (c) how many of the applicants whose applications were not successful died in incarceration?

Reply:

(a) One hundred and twelve (112) applications for medical parole were received in the 2013-2014 financial year.

(b) Thirty eight (38) applications were recommended by the Medical Parole Advisory Board (MPAB) and out of this thirty seven (37) were successfully released. One (01) not released due to lack of family support.

(c) Fifty nine (59) applications were not recommended by the MPAB for medical parole as they did not meet criteria for release. None of these applicants died whilst incarcerated.

For the remaining fifteen (15):

  • Seven (7) died before they could be examined by the Medical Parole Advisory Board (MPAB):
  • One (1) died whilst awaiting further medical examination and
  • Seven (7) are awaiting further review by the MPAB.

27 July 2015 - NW2339

Profile picture: Selfe, Mr J

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

Whether parole has been approved to a certain person (name and details furnished); if not, what are the relevant details?

Reply:

No, parole has not been approved for the mentioned offender. He was sentenced to life imprisonment on 22 October 1999 for Robbery x 4; Rape x 2; attempted murder; assault grievous bodily harm (GBH); attempted escape x 2; housebreaking with intent to rob and robbery with aggravating circumstances; housebreaking with intent to steal; theft; unlawful possession of fire-arm x 5 and unlawful possession of ammunition x 3.

The offender was considered by the Minister of Correctional Services on 11 October 2013 for possible placement on parole. The Minister decided that the offender should be reconsidered during October 2015. During this period, the following should inter alia be addressed:

  • Offender needs to undergo individual Psychotherapy in order to address his anger towards females and needs to attend counselling sessions to address parental guidance and communication styles.
  • A copy of the judgement on conviction and sentence be obtained.
  • The profile reports of the accomplices of the offender should be subjoined to the National Council for Correctional Services and Minister during October 2015.

27 July 2015 - NW2233

Profile picture: Motau, Mr SC

Motau, Mr SC to ask the Minister of Justice and Correctional Services

Whether (a) his department and (b) any entities reporting to him has paid out the remainder of any employee’s contract before the contractually stipulated date of termination of the contract since the 2008/2009 financial year up to the latest specified date for which information is available; if so, (i) what amount has (aa) his department and (bb) entities reporting to him spent on each such payout, (ii) to whom were these payouts made and (iii) what were the reasons for the early termination of the contracts in each specified case?

Reply:

The Minister wishes to inform the Honorable member that:

(a) The Department of Justice and Constitutional Development has no instance where the remainder of any employee’s contract was paid out before the contractually stipulated date of termination of the contract since the 2008-09 financial year to date.

(b) (i) Yes, out of the entities reporting to the Minister of Justice and Correctional Services, the National Prosecuting Authority has paid out employee contracts before the contractually stipulated date of termination of the contract. The details are as follows:

(bb) (i) Payout Amount

(ii) To Whom

(iii) Reason for early termination

R7,500,000

Mr Vusi Pikoli, NDPP 2005 – 2009

Payment made as a result of settlement agreements reached between the NDPP and the Presidency.

R17,357,233

Mr Mxolisi Nxasana, NDPP 2013 – 2015

Payment made as a result of settlement agreements reached between the NDPP and the Presidency.

(b) (ii)Legal Aid SA, the Office of the Chief Justice and the Special Investigating Unit have confirmed that there were no employees that were paid out their contract before the contractually stipulated date of termination of the contract.

The Department of Correctional Services or its entities does not have any employees whose contracts were terminated before the expiry of such contracts, and no paid outs made for the remainder of their contracts.

The Office of the Chief Justice was proclaimed as a National Department in 2010. From 2010 to 2015, the Office of the Chief Justice has not paid out the remainder of any employees’ contract before the contractually stipulated date of termination of their contracts.

27 July 2015 - NW2282

Profile picture: Horn, Mr W

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

(1)With reference to the third party funds administered by his department, (a) how many officials are, in terms of their (i) employment contracts and (ii) key performance areas, responsible for and involved in the process of the administration of third party funds and (b) how many of the specified officials have been vetted by his department in the last 12 months; (2) what amounts have been lost from the third party funds due to (a) theft and/or (b) maladministration (i) in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years and (ii) from 1 April 2015 up to the latest specified date for which information is available; (3) In respect of each financial year or period, (a) how many departmental officials were subjected to disciplinary processes as a result of the specified losses and (b) what portion of the specified losses was the subject of each disciplinary hearing?

Reply:

  1. (a) It is confirmed that 2 813 officials are involved in the administration of Third Party Funds at courts throughout the country.

(b) A total of 354 of these officials have been vetted during the previous financial year (2014/15).

(2) The current registered receivables for Third Party Funds for the financial years under question include R 3, 160, 615.80 registered in the 2012/13 financial year (0.05% of the value of all transactions that occurred during the year), R 7, 804, 641.23 registered in the 2013/14 financial year (0.13% of the value of all transactions that occurred during the year) and R 4, 360, 332.81 registered in the 2014/15 financial year (0.07% of the value of all transactions that occurred during the year). These receivables relate to dishonored cheques, maintenance overpayments and shortages. Shortages include amounts for theft, fraud, system errors and break-ins. Shortages account in general for 93% of receivables at financial year end. The receivables registered are systematically being investigated and finalized as per the Treasury Regulations and Departmental Prescripts. After such investigation should the amounts not be recovered, the Department of Justice and Constitutional Development stands as security should amounts be written-off and as such these activities have no impact on maintenance being paid to the beneficiaries. When write-offs occur within the ambit of the Treasury Regulations and Departmental prescripts, it would be appropriately reflected in the financial statements of the Department of Justice and Constitutional Development and audited as appropriate.

The department established the following controls to limit and prevent shortages in TPF in future:

  1. Daily reconciliation of monies at court level being submitted electronically for review by the regional supervisory staff;
  2. Weekly review of reconciliations submitted by National Office;
  3. Follow-up on corrective measures being implemented on a weekly basis by National Office;
  4. Consistent national effort with SITA to address system errors on JDAS that has led to a clear understanding of the system challenges that were 95% resolved at the financial year end of 2014/15 and will be finalized in the 2015/16 financial year;
  5. Physical Security and Programmatic Security to prevent Cyber Crime;
  6. Appropriate training at grass-roots level and supervisory level; and
  7. Appointment of financial technically proficient staff that can review reconciliations and fulfill oversight functions at the required levels.

3) The following numbers of officials were subjected to disciplinary processes as a result of the specified losses for the amounts stated for each financial year in question. Please take note that such disciplinary processes may have taken place in different financial years as to when the actual registration of the receivables occurred.

FINANCIAL YEAR

(a) NUMBER OF OFFICIALS

(b) AMOUNT (R)

2012/2013

87

2, 525, 622.45

2013/2014

56

1, 138, 621.01

2014/2015

43

1, 839, 635.60

April & May 2015

5

769, 807.78

27 July 2015 - NW2290

Profile picture: Mbhele, Mr ZN

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

(1)(a) How many family advocate offices are there, (b) at which courts are the specified offices situated and (c) how many social workers dealing with custody matters are at each of the specified offices; (2) (a) which welfare organisations does his department rely upon to deal with custody matters and (b) what financial subsidy does his department give each welfare organisation? NW2651E

Reply:

  1. The Minister of Justice and Correctional Services wishes the Honourable member to know that there are a total of 25 Family Advocate Offices countrywide. A full description of the services are as follows:
  1. Name of Office
  1. Location
  1. Number of Social Workers dealing with custody matters

Family Advocate Pretoria

4th Floor, Die Meent Building, c/o Thabo Sehume & Pretorius Streets

12

Family Advocate Johannesburg

94 Pritchard Street, 13th Floor, Schreiner Chambers, Johannesburg

10

Family Advocate Palm Ridge

Palm Ridge Magistrate’s Court

1

Family Advocate Vossman

Vossman Magistrate’s Court

2

Family Advocate Nelspruit

No 3 Marloth Street, Nelspruit

7

Family Advocate Polokwane

Wyndom park Building, 23 Rabie Street, Polokwane

7

Family Advocate Sibasa

Thohoyandou Magistrate’s Court

2

Family Advocate Mafikeng

461/805 Steve Biko Drive, Unit 2, Mmabatho

4

Family Advocate Rustenburg

Rustenburg Magistrate’s Court

1

Family Advocate Kimberley

5th Floor, New Public Building (Magistrate Court), c/o Knight & Stead Street, Kimberley

7

Family Advocate Upington

Upington Magistrate’s Court

2

Family Advocate Durban

15th Floor Maritime House, 143 Grove Street Durban

10

Family Advocate Pietermaritzburg

Pietermaritzburg Magistrate’s Court

6

Family Advocate New Castle

New Castle Magistrate’s Court

3

Family Advocate Ntuzuma

Ntuzuma Magistrate’s Court

1

Family Advocate Cape Town

55 Union Castle Building, 10th Floor ,c/o House Street & St George’s Mall, Cape Town

10

Family Advocate George

Batleur Park Building, Cnr Cathedral & Cradock Street, George

3

Family Advocate Worcester

67 High Street, Worcester

2

Family Advocate Mitchells Plein

Mitchells Plein Magistrate’s Court

1

Family Advocate Port Elizabeth

No. 1 Bird Street, Central, Port Elizabeth

10

Family Advocate East London

29 St Peters Road , Southernwood, East London

4

Family Advocate Graaff Reinett

Graaff Reinett Magistrate’s Court

3

Family Advocate Mthatha

29 St Peters Road , Southernwood, East London

2

Family Advocate Bloemfontein

163 A Nelson Mandela Drive, 2nd Floor Sanlam Building, Bloemfontein

8

Family Advocate Welkom

Welkom Magistrate’s Court

2

2. (a) The office of the Family Advocate does not rely on external Welfare Organisations for Custody matters but obtains collateral reports from the following organisations when necessary:

PROVINCE

ORGANISATIONS

LIMPOPO

  • Child Welfare
  • Suid Afrikaanse Vroue Federasie
  • Huis Maroela
  • Families South Africa (FAMSA)

GAUTENG

  • Department of Social Development

MPUMALANGA

  • N. A.

NORTH WEST

  • Mental Health
  • Suid Afrikaanse Vroue Federasie
  • Child Welfare SA

EASTERN CAPE

  • Families South Africa (FAMSA)
  • Afrikaanse Christelike Vrouevereniging( ACVV)
  • Christelike Maatskaplike Raad (CMR)
  • Department of Social Development

FREE STATE

  • Afrikaanse Christelike Vrouevereniging( ACVV)
  • Christelike Maatskaplike Raad (CMR)
  • Department of Social Development

WESTERN CAPE

  • Child Welfare
  • Badisa
  • Afrikaanse Christelike Vrouevereniging (ACVV)
  • CMC
  • Ukakhanya
  • Parent Centre
  • Child Line
  • Mosaic
  • Litha labantu
  • Valley development projects

NORTHERN CAPE

  • Families South Africa (FAMSA)
  • Department of Social Development
  • Child Welfare
  • NG Welsyn
  • Afrikaanse Christelike Vrouevereniging (ACVV)
  • South African National Council on Alcoholism & Drug Dependence (SANCA)

2. (b) No subsidies are paid out to welfare organisations by the Department of Justice and Constitutional Development.

27 July 2015 - NW2394

Profile picture: Mokgalapa, Mr S

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

(1) How many witnesses have (a) been attacked or (b) died while under witness protection (i) in the (aa) 2009/10; (bb) 2010/11, (cc) 2011/12, (dd)2012/13, (ee) 2013/14 and (ff) 2014/15 financial years and (ii) from 1 April 2015 up to the latest date for which information is available; (2) How many of the specified incidences resulted in investigations (a) which are still in progress and (b) which have been completed in respect of each specified financial year or time period; (3) How many investigated cases were found to involve breaches in security committed by members of SA Police Service in respect of each specified financial year or time period?

Reply:

The Office for Witness Protection (OWP) is an independent covert office and is a sub-programme of the Department of Justice and Constitutional Development. Its mandate is derived from the Witness Protection Act 112 of 1998.

Witness protection, in terms of the Witness Protection Act, is not a police or prosecution function; therefore the honourable Minister of Police is not the correct minister to respond to the said questions (as in PQ 2395).

Regarding the question posed to the Minister of Justice and Correctional Services, I wish to inform the Honorable member as follows:               

  1. For the financial periods 2001/02 up to 2014/15 and current financial year up to date, no witness or their related person/s were attacked, threatened or killed while in the programme.
  2. Falls away.
  3. Falls away.

27 July 2015 - NW2323

Profile picture: Gqada, Ms T

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

(1)Whether steps (a) have been or (b) are to be taken to prevent the use of unauthorised communication devices within prisons; if not, why not; if so, what are the relevant details; (2) how many unauthorised communication devices have been (a) confiscated from remand detainees and (b) convicted prisoners (i) in the (aa) 2009 10, (bb) 2010 11, (cc) 2011 12, (dd) 2012 13, (ee) 2013 14 and (ff) 2014 15 financial years and (ii) from 1 April 2015 up to the latest date for which information is available; (3) what (a) type and (b) quantity of communication devices were confiscated from (i) remand detainees and (ii) convicted prisoners in the case of each financial year and time period?

Reply:

(1)(a)&(b) Yes, the Department is / has taken various steps to prevent or reduce the use of unauthorized communication devices within Correctional Centres. These steps include the following:

  • The launching of a Back-2-Basics security campaign aimed at reasserting the importance of basic security measures and competencies such as searching of persons and goods.
  • As part of broader engagements, the Department is part of an inter-departmental process exploring technical counter-measures in part response to gangs as a security threat group. This is a conscious effort to partner with other state law enforcement agencies in finding sustainable solutions to the holistic challenges (including integrity management of personnel).
  • The searching of inmate cells and belongings at irregular (extraordinary) times to find and remove unauthorized communication devices that may have entered the Correctional facilities.
  • The installation of cell phone detection systems in various Correctional Centres to assist officials in the identification and removing of unauthorized communication devices. Cell phone detection systems have been installed (or are currently in the process of being installed) at 39 Correctional Centres.
  • The Department is also in the process of installing 14 Body Scanners at 7 Correctional Centres to further assist officials.
  • The Department has initiated a process of engagement with the Independent Communications Authority of South Africa (ICASA) to explore various technical and/or legal solutions – including but not limited to cellphone jamming.

(2)&(3) In response to questions 2 and 3 the following information is provided in table format:

(2)How many unauthorised communication devices have been confiscated from:

(i)(aa) 200910,

(i)(bb) 201011

(i)(cc) 201112,

(i)(dd) 201213

(i)(ee) 201314

(i)(ff) 201415

(ii)1 April 2015 up to 31 May 2015

2(a) Remand detainees

2899

4276

7238

10399

9394

13119

2498

3(a)(i) Type and quantity of communication devices confiscated

Cell phones

1712

2908

4808

6722

6167

8482

1693

SIM Cards

1187

1368

2422

3665

3214

4616

792

DSTV Walker device

0

0

0

2

2

5

0

Chargers

0

0

8

10

10

12

13

Cell phone watch

0

0

0

0

0

1

0

Memory cards

0

0

0

0

1

2

0

Memory sticks (usb)

0

0

 

0

0

1

0

2(b) Convicted Inmates

1191

2865

5479

7594

11976

15482

4003

3(a)(ii) Type and quantity of communication devices confiscated

Cell phones

767

2071

3614

5227

8070

9447

2430

SIM Cards

346

673

1677

2100

3395

5486

1475

DSTV Walker device

0

0

0

1

11

4

2

Chargers

0

0

0

0

8

28

3

Cell phone watch

0

1

0

0

0

0

0

Memory sticks

3

8

11

4

6

3

3

Memory cards

72

99

173

259

475

486

89

Cellphone battery

0

0

0

0

4

7

0

Modem

3

3

4

3

3

2

1

Drifter

0

0

0

0

3

19

0

Bank cards

0

10

0

0

0

0

0

Hard drive

0

0

0

0

1

0

0

27 July 2015 - NW2347

Profile picture: Breytenbach, Adv G

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

Whether the Chief Justice undertook any international trips in the (a) 2014-15 financial year and (b) from 1 April 2015 up to the latest specified date for which information is available; if so, (i) to which countries, (ii)(aa) how many persons formed part of the Chief Justice’s delegation and (bb) what is their official designation and (iii) what class of (aa) transport and (bb) accommodation was utilised for each person forming part of the delegation?

Reply:

(a) Yes.

(b) Yes.

2014 / 2015 Financial year:

The Chief Justice of the Republic of South Africa is, in accordance with section 165 of the Constitution, the Head of the Judiciary, an independent arm of the State and by virtue of his position, receives invitations from various international judicial bodies which he sometimes has to honour. Additionally, the Chief Justice is also one of the Vice-Presidents of the Conference of Constitutional Jurisdictions of Africa, a body comprising 34 members of Constitutional Courts and Constitutional Councils in Africa, established to promote constitutional justice within the Continent and responsible for ensuring compliance with the Constitution. He is also a member of the Southern African Chief Justices’ Forum, a body comprising of all the Chief Justices in the Southern and East Africa intended to deal with issues affecting the Judiciary in the SADC region. The Constitutional Court of the Republic of South Africa is also a member of the World Conference on Constitutional Justice comprising of 71 Constitutional Courts, Councils and Supreme Courts, with the aim of promoting constitutional justice.

(i) Turkey

In April 2014, the Chief Justice attended the 2nd Congress of the Asian Constitutional Courts and Equivalent Institutions, and the 52nd Anniversary of the Constitutional Court of Turkey, in his capacity as the Vice-President of the Conference of Constitutional Jurisdictions of Africa which was held in Instanbul, Turkey, at the invitation of the President of the Turkish Constitutional Court. The Chief Justice gave a speech at the conference and also chaired a session on “The Role of the Constitutional and Supreme Courts in the Protection of Constitutional Order”.

(ii) (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Acting Director: Executive Support Services; and the Security Coordinator.

(i) Nigeria

In July 2014, the Chief Justice attended and addressed a Judicial Reforms Conference at the invitation of the President of the Nigerian Bar Association which was held in Abuja, Nigeria.

(ii) (aa) Five.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; Executive Personal Assistant to the Chief Justice; and the Security Coordinator.

(i) Zambia

In September 2014, the Chief Justice attended the Annual General Meeting of the Southern African Chief Justices’ Forum at the invitation of the acting Chief Justice of Zambia.

(ii) (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Protocol Coordinator.

(i) South Korea

In September 2014, the Chief Justice attended the 3rd Congress of the World Conference on Constitutional Justice of which the Constitutional Court of the Republic of South Africa is a member, at the invitation of the President of the Constitutional Court of the Republic of South Korea and the President of the Venice Commission. The Chief Justice chaired a session and gave remarks on “Constitutional Instruments Enhancing / Dealing with / for Social Integration.

  1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.

(i) United Kingdom

In October 2014, the Chief Justice attended the Opening of the Legal Year in England and Wales at the invitation of the Lord Chancellor and Secretary of State for Justice of the Ministry of Justice of the United Kingdom.

  1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.

(i) Singapore

In October 2014, the Chief Justice went to Singapore and delivered a Lecture on “Twenty Years of the South African Constitution – Origins, Aspirations and Deliveryto the Singapore Academy of Law at the invitation of the Chief Justice of Singapore and President of the Singapore Academy of Law. The Office of the Chief Justice in Singapore paid for the air travel and accommodation for the Chief Justice of the Republic of South Africa and his Spouse.

  1. (aa) Four.

(bb) Chief Justice’s Spouse; Director: Executive Support Services; Executive Personal Assistant; and the Security Coordinator.

(i) Swaziland

In November 2014, the Chief Justice was requested by the Executive Committee of the SADC Lawyers Association, International Commission of Jurists and the Justices of the Constitutional Court of the Republic of South Africa to discuss concerns regarding the Swaziland Judiciary.

  1. (aa) Two.

(bb) Director: Executive Support Services and the Security Coordinator.

(i) Mozambique

In February 2015, the Chief Justice attended the Fifth Session of the Executive Bureau of the Conference of Constitutional Jurisdictions of Africa (CCJA) as Vice President of the CCJA, at the invitation of the President of the CCJA.

  1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services and the Security Coordinator.

(i) United Kingdom

In February 2015, the Chief Justice attended and addressed the Global Law Summit marking the 800th Anniversary of the Magna Carta at the invitation of the Ministry of Justice of the United Kingdom.

  1. (aa) Three

(bb) Director: Executive Support Services; Protocol Coordinator; the Security Coordinator.

The following is applicable to all the official visits abroad for the 2014 / 2015 financial year as listed above:

 

  1. (aa) The Director-General of the Department of Justice and Constitutional Development, in consultation with the Secretary-General of the Office of the Chief Justice, approved that the relevant officials may use air travel in business class to render the required in transit close proximity support to the Chief Justice as provided for in paragraph 3.2 of the Handbook for Members of the Executive and Presiding Officers, the “Ministerial handbook”. The Office of the Chief Justice uses the Ministerial Handbook as a guide in the absence of an approved handbook for the Judiciary. The referred paragraph stipulates as follows: “In cases where Members perform official functions by virtue of their office, and where this is in their opinion warranted, a member (or members, as the nature of the official duty prescribe) of the Private Office staff may accompany them and stay in the same hostelry and travel in the same class at Government expense”.

(bb) To enable the members of the delegation to render close proximity support to the Chief Justice whilst in the foreign country and in keeping with the provisions of paragraph 3.2 of the Ministerial handbook as quoted in paragraph (iii) (aa) above, the Director-General of the Department of Justice and Constitutional Development, in consultation with the Secretary-General of the Office of the Chief Justice, approved that the delegation use the same accommodation as the Chief Justice.

2015 / 2016 Financial year

(i) Republic of Gabon

In May 2015, the Chief Justice attended the Third Congress of the Conference of Constitutional Jurisdictions of Africa (CCJA) in his capacity as Vice President of the CCJA, at the invitation of the President of the CCJA. The Chief Justice chaired a session on the “The Synthesis of Responses to the Questionnaire by the Anglophone Constitutional Courts and Councils.”

  1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.

  1. (aa) The Secretary-General of the Office of the Chief Justice, approved that the relevant officials may use air travel in business class to render the required in transit close proximity support to the Chief Justice as provided for in paragraph 3.2 of the Handbook for Members of the Executive and Presiding Officers, the “Ministerial handbook”. The Office of the Chief Justice uses the Ministerial Handbook as a guide in the absence of an approved handbook for the Judiciary. The referred paragraph stipulates as follows: “In cases where Members perform official functions by virtue of their office, and where this is in their opinion warranted, a member (or members, as the nature of the official duty prescribe) of the Private Office staff may accompany them and stay in the same hostelry and travel in the same class at Government expense”.

(bb) To enable the members of the delegation to render close proximity support to the Chief Justice whilst in the foreign country and in keeping with the provisions of paragraph 3.2 of the Ministerial handbook as quoted in paragraph (iii) (aa) above, the Secretary-General of the Office of the Chief Justice, approved that the delegation use the same accommodation as the Chief Justice.

27 July 2015 - NW2547

Profile picture: Msimang, Prof CT

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

Whether, in light of the substantive number of repeat offenders after they have completed their sentences or released on parole, he has found that the country’s system of rehabilitation of offenders is contributing positively in the war against crime; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Yes, the country’s system of rehabilitation of offenders is contributing positively in the war against crime. The Department’s philosophy of corrections is based on the ideals contained in the South African Constitution where it is stated that all South Africans should contribute to maintaining and protecting a just, peaceful and safe society in our country. There are thus inherent in the correctional system inter alia two obligations that the Department of Correctional Services (DCS) strives to adhere to, viz. the protection of society and creating opportunities for the correcting of offending behaviour and development and care of offenders.

Rehabilitation consists of various programmes, interventions and services to inmates in correctional centres as well as community corrections. These include amongst others, correctional programmes, social work services, psychological services, skills development and training, education, health care services, etc. Services to sentenced offenders are based on a comprehensive assessment as contained in their individual Correctional Sentence Plans (CSPs).

Rehabilitation services are geared to address individual needs as well as the offending behaviour and other factors such as substance abuse that might have contributed to committing of a crime. While the department is confident that this holistic approach contributes to the war against crime, we cannot wage this war alone. The department in its efforts to address offending behaviour and prevent re-offending needs the continued partnership with other government departments as well as civil society. While the offenders serve their sentence the department uses all its available resources to bring about a changed mind-set, while also developing skills and improving the educational levels, in an effort to release people with a greater sense of responsibility and better prospects to be law abiding. However, it is imperative that immediate families and society at large keep in contact with offenders and support them while being incarcerated, but more importantly upon their release from DCS facilities. This continued support would go a long way in addressing the tendency to fall back into crime due to lack of support, unemployment and substance abuse. Some of our programmes even consist of relapse prevention and coping plans to assist sentenced offenders coping with the challenges they are faced with upon release.

In addition and to assist in objectively establishing the impact of our rehabilitation efforts, we have partnered with University of South Africa (UNISA) who is currently busy with research to determine the impact of some of our rehabilitation programmes in Gauteng. This is an initial pilot phase. The results of this pilot will determine future impact research.

The department has developed clear targets for all our services, programmes and interventions to ensure participation of offenders both in our centres and within the community corrections system.

Through sport, recreation, arts, culture and library programmes and services, the department is assisting in the preparation of offenders for release, employment and self‐sufficiency. These programmes are structured and coordinated to be geared towards building and supporting self‐sufficiency and necessary for reducing the likelihood of offenders becoming involved in criminal activities.

The provisioning of Skills Development Programmes is aimed at reducing recidivism by ensuring that offenders are provided with Skills programmes that will assist them not only in the job market but also to create employment opportunities for themselves. The Department of Correctional Services is also partnering with the external service providers and government departments e.g. Department of Higher Education and Training (DHET), in ensuring that the programmes offered are accredited by the Sector Education and Training Authorities (SETA’s). Between October 2014 and March 2015, 1732 offenders were trained on different accredited trade related programmes e.g. furniture making, electrical, upholstery, building and plastering etc. These programmes were funded from by DHET through the National Skills Fund (NSF).

The work opportunities that are provided to offenders as part of offender rehabilitation in the Departmental Production Workshops and Agriculture/farms do contribute positively in the war against crime. The Departmental Production Workshops and Agriculture/

farms, provide the following to rehabilitate offenders and to contribute positively in the war against crime:

  • Opportunity for skills utilization and skills development, as well as work opportunities in the Departmental Production Workshops and Agriculture/farms.

The Department has 21 farms (mix farming-both animal and plant production) and 96 small sites (for vegetable and fruit production), as well as 19 textile workshops, 10 wood- and 10 steel workshops, furthermore there are 6 bakeries nationally, and one (1) shoe factory.

The offenders in the Departmental Production Workshops and Agriculture/farms are exposed to various technical fields, viz.:

  • Production Workshops: wood machining, cabinet making, wood polishing, upholstery, sheet metal working, welding, fitting and turning, spray painting, shoe manufacturing, clothing manufacturing and textile machine mechanics as well as baking (bread baking).
  • Agriculture/farming: vegetable, fruits, piggery, beef, dairy, agronomy, broiler/chicken production, layers/egg production, sheep and goats farming, abattoir operation/butcher, agro-processing, tractor as well as equipment operation.

The technical skills that are imparted to offenders in the Departmental Production Workshops and Agriculture/farms empower the offenders with technical knowledge, through which, upon their release, offenders can be employable and or create job opportunities, furthermore they can be self-sustained.

As part of offender rehabilitation, during 2014/2015 financial year, on average 1559 of offenders have worked in Production Workshops per day, meanwhile in Agriculture 3275 of offenders have worked per day, thus acquiring various technical skills in Production Workshops and Agriculture.

Education and participation in educational programmes is central in the department’s approach to provide opportunities for personal development of offenders as part of the rehabilitation process.

The Department is currently focused on the strengthening of the registered schools to ensure compliance to Department of Basic Education (DBE) policies and standards and to address the pass rate of the grade 12 learners. The Department reached the desired outcome of the establishment of 14 full time schools by 2014. The expansion and increase of the number of full time schools will be considered after all the currently registered schools have complied with the DBE Policies and Regulations. A Compulsory Education Task Team was established to ensure that all offenders without a qualification equal to Grade 9 or Adult Education and Training (AET) Level 4 are enrolled in the education programme. In 2015 participation of offenders in all the available education programmes stands at 16 444.

Acknowledging the efforts by the DCS in the rehabilitation of offenders, one should also acknowledge that no guarantee can be given that an ex-offender will not reoffend, due to various external factors that are beyond the control of DCS, e.g. lack of support from family and community, poverty, unemployment, etc.

The South African Department of Correctional Services has taken a deliberate and conscious decision to put rehabilitation at the center of all its activities in order to ensure that ex-offenders return to society as law-abiding and self-supporting individuals. In this process the Department is aware of the fact that corrections is a societal responsibility, therefore the Department is working very closely with civil society organizations and other government departments in its rehabilitation efforts.

Achievements

  • There is a notable increase in parolee and probationer compliance levels in South Africa. Of the 71, 623 Daily average community corrections caseload, 51 634 are parolees and 18 545 probationers, whose compliance levels are at 98% and 95% respectively. This was done through the establishment of community corrections satellite offices as well as service points managed in consultation with stakeholders. These interventions help build credibility and public trust in the system increasing more non-custodial sentencing by the judiciary.
  • The introduction of the innovative Electronic Monitoring System which was launched in July 2014 marked another milestone in the modernisation of correctional services. Since its rollout, cumulatively 1009 people were tagged and currently 604 persons are monitored by this system. Electronic Monitoring System has enabled the department to effectively track offenders on 24-7-365 basis. During the 2015/16 financial year at least 1000 people can be tagged at any given time.
  • Major strides were made in advancing victim participation in the parole system in line with Criminal Procedure Act, 1977 and Correctional Services Act, 1998, which provide a framework for consultation of victims of crime in parole considerations. The department is committed to ensuring effective social reintegration with more involvement and participation by victims, families and communities.
  • Significant progress was made in championing the implementation of restorative justice model as an integral part of broadening access to justice and enhancing the criminal justice range. In order to improve victim and community participation at various stages of corrections. The Department introduced the victim offender mediation and dialogue, thus far 1541 victims and 3738 offenders have participated in these restorative justice initiatives in the last financial year alone.
  • DCS has made concerted efforts to explore a possibility of reducing the period of criminal record for ex-offenders particularly for minor and non-violent cases as part of enhancing rehabilitation and reintegration of offenders into their respective communities as productive and law-abiding citizens.

 

  • DCS has made courageous efforts to introduce a concept of Halfway House in 2012 in order to enhance social reintegration of offenders and to reunite offenders with their families especially those who did not have support systems at their time of release from the correctional centre. There are seven (7) halfway houses which have established through partnerships. These include the following :

REGION

HALFWAY HOUSE

NON PROFIT ORGANIZATION

Gauteng

Naturena

House of Glory

Eastern Cape

Vezokuhle

Vezokuhle Youth Development Project

LMN

Lehae la Batho

New Life After Prison

 

Klerksdorp

Dream Team Foundation

 

XILEMBENI

Nomasojabula

Western Cape

Beauty for Ashes

Beauty for Ashes

 

Realistic

Realistic

  • Halfway houses have contributed positively towards minimizing chances of re-offending and reduction on overcrowding in correctional centres. The total numbers of eighty four (84) residents were successfully reintegrated. The majority of offenders who went through halfway houses were assisted to find permanent employment and others have started their own businesses through the assistance from Non-Governmental Organisations.
  • Greater strides were made with regard to building partnerships with academic institutions to use learners from these institutions to ensure that there is sufficient capacity to conduct profiles of community of origin of offenders. The provision of community profiles will effectively assist the Department to identify needs and risks of offenders who are due to return those particular communities and to guide services and interventions targeting offender behaviour. The profiles of community of origin of offenders are the key indicators of rehabilitation and successful reintegration of offenders
  • DCS has partnered with state agencies and departments, Non-Profit Organisations, academic institutions, Non-Governmental Organisations, and other relevant external stakeholders to broaden the scope and spread of interventions to correct offending behaviour.
  • These partnerships have led to 76 parolees being employed permanently by the Working-on-Fire programme. To improve offender reintegration, 212 parolees and probationers were provided with start-up tools to enable them to open their own businesses and thereby contributing to employment creation. These partnerships have added employment opportunities for parolees in the current financial year. There are also numerous cases of successful rehabilitation/reintegration including businesses operated by ex-offenders who have been provided with start-up tools, who have in turn employed other offenders/community members.
  • The employability of ex-offenders is the key indicator of successful reintegration. In numerous interactions former offenders who have remained law-abiding citizen for years but they are finding it extremely difficult to maintain or retain their employment after employers had discovered that they have criminal record. A criminal record is a barrier to a successful reintegration of offenders because the majority of employers are reluctant to hire ex-offenders, thereby relapsing into life of crime as means of survival. The Department of Correctional Services is in the process of providing inputs on the expungement of a criminal record to the South African Law Reform Commission.

11 December 2014 - NW2754

Profile picture: Kohler-Barnard, Ms D

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

(a) How many investigations by the Special Investigating Unit into the SA Police Service (i) were (aa) undertaken and (bb) completed in the (aaa) 2012-13 and (bbb) 2013-14 financial years and (ii)(aa) are currently underway and (bb) have been completed since 1 April 2014 and (b) what was the outcome of each completed investigation in each specified financial year? NW3404E

Reply:

(a)(i)(aa) The SIU conducted one investigation into the South African Police Service (SAPS). Although two Proclamations (R42 of 2010 and R73 of 2010) were issued by the President in respect of the SAPS, . Proclamation R73 of 2010 simply extended the period of investigation that had been set out in the initial Proclamation. The matters that the SIU was required to investigate were as follows:

alleged procurement irregularities relating to:
• procurement of a new two-way radio communication network for the Eastern Cape Province (Tetra);

• National Police Day 2009/10 and 2010/11:

• procurement of police uniforms;

• procurement of lntenda Procure Solutions; and
• procurement of solar panels (Boschkop Police Station)

- devolution of functional responsibilities from DPW to SAPS
-building and/or renovations of 33 Police Stations conflicts of interest

Re: (a)(i)(bb) and (a)(ii) The investigation relating to the SAPS has been finalised and the SIU is in the process of compiling the Report to be submitted to the President.

(b) The outcomes are as follows
• criminal referral letters were sent in respect of 16 persons
• disciplinary referral letters were sent in respect of 116 SAPS members
• an acknowledgement of debt to the value of R496 000 was obtained
• In respect of the Eastern Cape Tetra contract, the SIU is considering approaching the High Court for an order cancelling the contract and recommending criminal and disciplinary action against certain SAPS officials.
 

11 December 2014 - NW2764

Profile picture: Dreyer, Ms AM

Dreyer, Ms AM to ask the Minister of Justice and Correctional Services:

(1) Whether he received an invitation to the wedding of Vega Gupta and Aakash Jahajgarhia; if so, (2) Whether he attended any of the wedding festivities between 30 April and 3 May 2013; if so, (3) Whether he stayed overnight at the venue; if so, (a) what accommodation did he use, (b) who paid for the said accommodation, (c) what mode of transport did he use to attend the wedding festivities and (d) who paid for the travel costs? NW3416E

Reply:

 

(1) No.

(2) No.

(3) (a)- (d) falls away.