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08 May 2020 - NW391

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

What (a) was the total number of remission of sentences affected since 16 December 2019 and (b) are the relevant details in this regard?

Reply:

(a) Releases on 2019 special remission of sentence from 17 December 2019 until 06 March 2020

TABLE: 01: STATUS OF SPECIAL REMISSION BY REGIONS: 06 MARCH 2020

REGION

COMMUNITY CORRECTIONS

CORRECTIONAL CENTRE

TOTAL RELEASES

EC

3 662

1 443

5 105

GP

3 281

4 103

7 384

KZN

3 889

2 142

6 031

LMN

2 288

2 157

4 445

FSNC

1 760

1 586

3 346

WC

4 273

4 480

8 753

TOTAL

19 153

15 911

35 064

(b) Details

Table: 02: RELEASES FROM CORRECTIONAL CENTRES PER: 06 MARCH 2020

Description

Males

Females

Total

Children(Less than 18 years)

31

10

41

Youth (18 – 25 years)

3 224

263

3 487

Adult (26 -64 years)

10 940

1 020

11 960

Elderly (65 & older)

355

23

378

Disabled

38

7

45

Total

14 588

1 323

15 911

Table: 03: UNCONDITIONAL and CONDITIONAL RELEASES FROM CORRECTIONAL CENTRES: 06 MARCH 2020

REGIONS

UNCONDITIONAL

CONDITIONAL

TOTAL

EC

956

487

1 443

GP

2965

1 138

4 103

KZN

1 492

650

2 142

LMN

1 532

625

2 157

FS & NC

1 093

493

1 586

WC

3 846

634

4 480

NATIONAL

11 884

4 027

15 911

Table: 04: STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS

STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS REPORTED BY REGIONS AS AT 06 MARCH 2020

REGION

NUMBER

REASONS

TOTAL

RE-ARREST

EC

9

6x Theft; 1 x Possession of stolen goods, 1x Assault , 1x House breaking (2xAmathole, 1xSt Albans, 4x Sada,2x Kirkwood)

9

GP

8

8 x theft ( 1x Boksburg and 5 x Johannesburg,1X Krugersdorp, 1x Zonderwater )

8

KZN

4

1x Housebreaking;1x malicious damage to property, 1x House Breaking W/I to steal & Malicious damage to property, 1x theft

(2x Kokstad, 1x Ncome and 1x Empangeni)

4

LMN

2

1 x offender released on the 02/01/2020 was readmitted on the 02/01/2020 for dealing with drugs and 1x theft (1x Bethal and 1 x Thohoyandou)

2

FSNC

5

1xRobbery, 2X House breaking and theft, 1x Theft, 1x violation of protection order (2x Upington, 3x Colesberg)

5

WC

22

13 x Theft, 5x Housebreaking & theft; 1x Assault, Theft & Housebreaking 1x Dealing in drugs & Assault; 1x Drug possession, and 1 x Suspected Stolen goods.

(6x Pollsmoor, 1x Overberg, 4 x Voorberg, 1x Mosselbay; 2 x Oudtshoorn, 2 x Breede River (Worcester Male, 2 x Malmesbury RDF, 2 x Allandale 2 x Voorberg)

22

TOTAL

50

Theft , Assault, Housebreaking and theft, dealing with drugs, robbery , Drugs possession, Suspected Stolen goods, violation of protection order, Malicious damage to property

50

END

22 April 2020 - NW534

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Macpherson, Mr DW to ask the Minister of Justice and Correctional Services

What progress has been made by the S A Police Service in investigating case number CAS 1452/9/2019 that was opened against Gupta companies and associates (names furnished), on 27 September 2019 at Cate Town Central Police Station and (b) on what date is the investigation expected to be concluded?

Reply:

 

 

19 March 2020 - CW45

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Mokause, Ms MO to ask the Minister of Justice and Correctional Services

One of the major problems with the adjudication of land rights disputes is the fact that the Land Claims Court has no permanent judges. Have you considered reconfiguring the Land Claims Court into being a full time court, with at least twelve permanent judges?

Reply:

The Honourable Member is correct that one of the problems with the adjudication of land rights disputes is the fact that the Land Claims Court has no permanent judges.

The Restitution of Land Rights Act, 22 of 1994, established the Land Claims Court to adjudicate land claims. The Court also has jurisdiction to hear and adjudicate other land reform matters pertaining to the Extension of Security of Tenure Act, 62 of 1997, and the Land Reform (Labour Tenants) Act, 3 of 1996. In terms of the existing legislative framework, Judges, of the Land Claims Court, including its Judge President, are seconded from the Divisions of the High Court randomly. The lack of a permanent bench for this important court is one of the contributing factors in South Africa falling behind in the development of land jurisprudence.

The Department of Justice and Constitutional Development has been mandated by the Inter-Ministerial Committee on Land Reform, which I chair, to develop a new Land Court Bill to address this challenge and a draft Bill has already served before the IMC. It is expected that the Bill will be presented to Cabinet within the next few months once it completed the internal consultation processes.

It is anticipated that the Land Court will have exclusive jurisdiction in respect of matters which demand expertise and speciality in resolving land disputes. An incremental approach might have to be followed towards defining the Court’s jurisdiction, the first step of which is to include those Acts of Parliament that facilitate the promotion of the vision enshrined in section 25 of the Constitution in respect of land reform, under the jurisdiction of the Court. The jurisdiction of the Court can then gradually be expanded to also deal with disputes arising from the administration and implementation of other legislation that regulate land reform and other land rights matters.

The President has, pending the finalisation of the Land Court Bill, approved creation of three additional positions of Judges, two in the Gauteng Division and one in the KwaZulu Natal Division, to hear exclusively land matters. The Judicial Service Commission will conduct interviews for these positions during its sitting of April 2020.

18 March 2020 - NW129

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

Whether, given the high level of corruption in the Public Service and low levels of prosecution for corruption, he has considered the establishment of an independent corruption specific investigative and prosecutorial body to combat, investigate and prosecute graft in the Republic; if not, what is the position in this regard; if so, what are the further relevant details?

Reply:

Already, there is an existing independent corruption specific investigative and prosecutorial body, namely, the Investigating Directorate in the National Prosecuting Authority (NPA).

In this regard, the President, in terms of section 7(1) of the National Prosecuting Authority Act, 1998 (Act No.32 of 1998) (“the NPA Act”), on recommendation of the Minister of Justice and Correctional Services, Minister of Police and National Director of Public Prosecutions, proclaimed on 25 March 2019, the establishment of an Investigating Directorate in respect of the following criminal cases:

1. Common law offences of:

(a) Fraud;

(b) Forgery;

(c) Uttering;

(d) Theft; and

(e) Any offence involving dishonesty.

2. Statutory offences including but not limited to contraventions of:

(a) The Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004);

(b) The Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998);

(c) The Protection of Constitutional Democracy against Terrorist and Related Activities, 2004 (Act No. 33 of 2004);

(d) The Public Finance Management Act, 1999 (Act No. 1 of 1999);

(e) The Local Government: Municipal Finance Management, 2003 (Act No. 56 of 2003);

(f) The Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001); and

(g)  Any other statutory offence involving dishonesty.

3. In addition, any unlawful activities relating to serious, high profile or complex corruption cases including but not limited to offences or criminal or unlawful activities arising from the following commissions and inquiry:

(a) The Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State promulgated under Presidential Proclamation No. 3 of 2018 published in Government Gazette No. 41403, 25 January 2018;

(b) The Commission of Inquiry into Tax Administration and Governance by the South African Revenue Service (SARS) established by Presidential Proclamation No. 17 of 2018 published in Government Gazette No. 41562 of 24 May 2018;

(c) The Commission of Inquiry into Allegations for Impropriety regarding the Public Investment Corporation established under Presidential Proclamation No. 30 of 2018. Published in the Government Gazette No. 41979 of 17 October 2018; and

(d) Any other serious, high profile or complex cases of corruption referred to the Directorate by the National Director in accordance with Section 28(1)(b) of the NPA Act.

The Head for the Investigating Directorate, Advocate Hermione Cronje, has been appointed, and the Investigating Directorate is functional.

It needs to be noted that, though the Investigating Directorate only deals with the high end corruption matters, the lower value corruption cases do, however, receive full attention as well through the normal processes. In this regard we have, for example, specialised courts to deal with serious commercial crime cases and corruption. They are called Specialised Commercial Crimes Courts (SCCCs), and are underpinned by dedicated prosecutorial Specialised Commercial Crimes Units (SCCUs) in the NPA and dedicated investigators from police (SAPS/ DPCI) side. The SCCUs and the SCCCs play an important role in dealing with corruption cases and in dealing with the investigation and prosecution of “graft”.

These measures are paying off dividends as NPA statistics indicate that 152 government officials were convicted for corruption or offences related to corruption in the first three quarters of the 2019/20 financial year, and a further 198 persons of private sector corruption. In 2018/19, 210 officials were convicted, and in the previous year 213 officials.

It needs to be pointed out that serious corruption matters are mostly complex and require significant investigations that take time. Fortunately, we also see lately, on a daily basis, media articles that mention cases of prosecution for corruption and convictions in that regard.

In an effort to fast track the recovery of funds lost to the state from corruption or irregular spending, His Excellency, President Cyril Ramaphosa has furthermore established a Special Investigating Unit (SIU) Special Tribunal in February 2019. This was done because of a need to fast-track the finalisation of matters that had been referred for civil litigation after the conclusion of an investigation. These are matters where the SIU would ordinarily have gone the normal High Court civil litigation route to have government contracts declared invalid or set aside.

Fast-tracking these matters through the Special Tribunal is currently enabling the SIU to recover monies and or assets lost by state institutions through irregular and corrupt means; thus ensuring that those who are responsible for the loss of monies and or assets by state institutions are held accountable. The litigation process includes both public and private sectors, persons and entities. Such civil proceedings will be based on the outcomes from the investigations by SIU.

Judge Gidfonia Mlindelwa Makhanya has been appointed as President of the Tribunal.

The Special Tribunal is fully functional and is able to adjudicate any civil proceedings brought to it by the SIU, either in its own name or on behalf of a state institution or interested party, which stems from an SIU investigation.

18 March 2020 - NW128

Profile picture: Singh, Mr N

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

Whether he has considered facilitating the establishment of a specialist branch of anti-corruption courts with judges and prosecutors that are similar to the Agency Against Corruption in Taiwan, which has shown tremendous success particularly in the prosecution and successful conviction of senior politicians in Taiwan who have been found to have been involved in graft; if not, what is the position in this regard; if so, what are the further relevant details of such a consideration?

Reply:

No, I have not considered facilitating the establishment of a specialist branch of anti-corruption courts with judges and prosecutors that are similar to the Agency Against Corruption (AAC) in Taiwan. This is because the Agency Against Corruption was historically formed to deal with integrity and ethics management in the Taiwanese government and aims to ensure a strong national integrity infrastructure through a specialised authority to enforce ethical governance. It plans and executes Taiwan’s overall anti-corruption strategies and not only acts as a police authority, but also as a prosecutorial power.

The way in which they operate is more of an institution that coordinates all aspects of integrity and anti-corruption related activities - much the same as the Anti-Corruption Task Team (ACTT) we currently have.

What should be noted is that the Taiwan High Courts, based on their various needs, have established several professional courts when required, such as the Professional Court of Anti-corruption, Professional Court of Fair Trade Cases, Professional Court of Sexual Harassment, etc.

This is similar to the South African situation where we have created specialist and dedicated courts when required. In this regard we have, for example, labour courts and land claims courts, etc.

In relation to the question, it needs to be borne in mind that we already have specialized courts to deal with serious commercial crime cases. They are called Specialized Commercial Crimes Courts (SCCCs), and are underpinned by dedicated prosecutorial Specialised Commercial Crimes Units (SCCUs) in the National Prosecuting Authority (NPA) and dedicated investigators from police (SAPS/DPCI) side. In future, cases flowing from the Investigating Directorate (ID) of the NPA may also be taken to the Specialized Commercial Crimes Courts, where required. Noteworthy is that the Investigating Directorate has both investigative and prosecutorial capabilities.

Because they deal with serious corruption and other related economic crimes, these courts function mostly on a regional court level that can impose strong sentences on conviction. The Specialized Commercial Crimes Unit and Investigating Directorate of the NPA may also take very serious commercial crimes cases to the High Courts.

An important innovation of our Specialised Commercial Crime Court-model, is not that it only hears one type of case, namely, serious commercial crimes. Rather, it is the improved integration of the work of the prosecutors and investigators whose cases came to these courts that make a difference. Moreover, the fact that court time is specifically dedicated to such crimes means that, once in court, they can be processed more speedily than may have been the case on a normal general open court roll.

The dedication of specific staff (investigators, prosecutors, and designated regional magistrates) has assisted with the functioning of these courts.

For the 2018/19 financial year, these courts contributed to the NPA’s impact on serious economic crime as is evident in the 800 verdict cases finalised in complex commercial crime, with 760 convictions (95% conviction rate).

Unlike the practice in the rest of the criminal justice system, the prosecutor assigned to a particular case is involved in its investigation at a much earlier point in time. In this regard the prosecutor and investigator(s) are a team, but the prosecution helps guide the investigations and the integrated work methodology leads to improved convictions.

What have been assisting these courts are the following factors:

(a) In general, the involvement of the Specialized Commercial Crimes Unit prosecutors in coordinating the commercial crime cases and being involved from the start in the investigation phase, meant that the investigation tended, on average, to be both more effectively and more efficiently completed, making it that much easier to complete the charge sheet and present an effective case.

(b) Prosecutors, having been involved in the investigation, were much more attuned to, and familiar with, the specific facts of the case, making their presentation in court more effective. Moreover, this high level of preparedness made it that much more likely that defense counsel would advise their clients to plead guilty.

(c) The fact that particular magistrates were dedicated to commercial crimes also meant that both defense and prosecution had a better sense of the needs of the court, making cases more efficient. In addition, the familiarity of the court with the nature of these cases meant that the cases could proceed more rapidly.

We currently have fully established Specialized Commercial Crimes Courts in the following five (5) provinces:

  1. Free State: Bloemfontein Regional Court;
  2. Western Cape: Cape Town Regional Court;
  3. Gauteng: Palm Ridge Regional Court; and Pretoria Regional Court;
  4. Eastern Cape: Port Elizabeth Regional Court; and
  5. KZN: Durban Regional Court.

We anticipate that investigations and prosecutions of serious economic crime including corruption, will increase significantly, including cases arising from investigations conducted by the NPA’s Investigating Directorate, emanating from the various Commissions of Inquiry focusing on State Capture and Corruption. Therefore, we should have at least one Specialized Commercial Crimes Court per province. We need to create/strengthen capacity through the establishment and capacitation of Specialized Commercial Crimes Courts and the Specialized Commercial Crimes Unit of the NPA.

Funding has consequently been provided in terms of the MTSF and MTEF for the capacitation of both Specialized Commercial Crimes Courts and Specialized Commercial Crimes Units in the following 5 additional places, across the MTSF 2019-2024 period, in a phased manner as capacity and other required measures are put in place by all relevant role players:

a) Eastern Cape (Mthata);

b) North West (Mmabatho/Mafikeng);

c) Limpopo (Polokwane);

d) Mpumalanga (Mbombela); and

e) Northern Cape (Kimberley/Botshabelo).

18 March 2020 - NW9

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Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

With reference to my letter of 7 October 2019, on what date is it envisaged that parole will be granted to the three persons (names and details furnished) who have qualified for parole?

Reply:

I would like to apprise the Honourable Member that the profiles of the mentioned offenders have been submitted to the National Council for Correctional Services (NCCS) for reconsideration thereafter which it will be submitted to my office for a decision.

The fact that these offenders are eligible for consideration for placement on parole does not mean that conditional placement will be granted automatically, as a number of factors are considered before placement can be approved. Accordingly, dates of their placement on parole cannot be provided at this stage as they are still to be considered by the National Council for Correctional Services and where placement on parole or further profiling can be decided upon.

The following factors are among other factors taken into consideration when an offender is considered for possible placement on parole:

  • The offenders response to development and treatment programmes associated with rehabilitation.
  • The existence and quality of support systems in the community.
  • The probability of re- offending.
  • The risk that the offender may pose to the community at large and
  • The outcome of restorative justice processes and possible referral for mediation if it had not been done prior to the Correctional Supervision and Parole Board meeting; and the risk to the victim.

END

02 March 2020 - NW65

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Joseph, Mr D to ask the Minister of Justice and Correctional Services

What (a) type of performance and/or incentive bonuses exist in the (i) Department of Correctional Services and (ii) Department of Justice and Constitutional Development, excluding 13th cheque and (b) amount was budgeted for these performance and/or incentive bonuses (i) in the (aa) 2017-18 and (bb) 2018-19 financial years and (ii) 2019-20 financial years?

Reply:

a) (i) The Department of Correctional Services applies the following performance incentive measures that are prescribed by the Public Service and Administration`s Incentive Policy Framework for Employees in the Public Service, namely: Pay progression am performance bonuses.

b) (i) Amounts budgeted are outlined in the table below:

 

Financial year

Pay progression

Performance bonus

(aa)

2017/18

R 89 537 849.29

R 55 320 043.08

(bb)

2018/19

R46 736 992.73

R 49 185 555. 88

(ii)

2019/20

R 128 943 606. 69

R 59 437 035.00

11 December 2019 - NW1444

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

What steps has he taken to address the lack of his Department of Correctional Services progress with the development of an Integrated Inmate Management System?

Reply:

The Department has collaborated with the Integrated Justice System (IJS) programme office since October 2018, to increase its capacity and complete the development of the outstanding modules of Incarcerations and Corrections and Community Corrections.

The Department has successfully rolled out the Remand Detention module with Biometrics (fingerprints, facial and Iris) to seven (7) sites, and will continue with the remaining sites as per annual performance plan (APP) and this will cover 60% of the Remand Detention Offenders information on IIMS with proper identification and verification.

The above interventions are aimed at accelerating finalization of IIMS development and roll out.

09 December 2019 - NW1443

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

What progress has he made since 29 May 2019 in respect of the finalisation of the Court Administration Model?

Reply:

There has been extensive research done under the auspices of the Inter-Ministerial Committee (IMC) appointed by Cabinet which was chaired by Deputy President Mabuza during the fourth administration. In the aftermath of the reconstitution of Cabinet in the fifth administration, the work undertaken by the IMC has been assigned to me as the Minister by the Cabinet.

I have received a detailed briefing on the work which was undertaken under the auspieces of the IMC thus far and I have been alerted to certain aspects of the work where research is still on-going. We hope to complete the remaining research soon after which I will submit the report and recommendations to Cabinet.

There will also be consultation with the Judiciary as part of this process and I have already engaged Chief Justice Mogoeng in this regard.

09 December 2019 - NW1446

Profile picture: Magwanishe, Mr GB

Magwanishe, Mr GB to ask the Minister of Justice and Correctional Services

What steps has he taken to (a) transform the briefing patterns to include briefs of African women legal practitioners and (b) promote gender equity in the legal profession and judiciary?

Reply:

a) From the statistics kept by the Department female counsel briefed by the Offices of the State Attorney during the last few years, African female counsel rank high for the past financial years, namely:

  • From the total number of 2 386 of briefs allocated to female counsel during 2017/18, 1 427 briefs were allocated to African females;
  • From the total number of 2 109 of briefs allocated to female counsel during 2018/19, 1 233 briefs were allocated to African females; and
  • From the total number of 1 203 of briefs allocated to female counsel for the first two quarters of 2019/20, 761 briefs were allocated to African females.

When it comes to female counsel in general, the target has ranged from 25% to 29% of value of briefs for the past two financial years, and I have been in the forefront of ensuring that the Department lead by example by allocating the majority of the matters relating to the Ministry and Department to female counsel and African female counsel, in particular.

We continue to engage with the various role-players and stakeholders over a period of time, ranging from the Legal Practice Council (LPC) and the various associations, for example: the National Association of Democratic Lawyers (NADEL), Black Lawyers Association (BLA), Advocates for Transformation (AFT), South African Women Lawyers Association (SAWLA) etc. to encourage collaboration in building capacity amongst women legal practitioners so they can better opportunities within the legal profession and for the Judicial Service Commission’s interviews for the Bench.

From 2017 the statistical information relating to the allocation of legal work to private legal practitioners is published on the Department’s website, so as to ensure transparency and promote accountability.

The briefing target in respect of females has been and is currently being increased per year as the pool of females’ counsel continuously grows and increases.

b) The following are amongst the measures we are embarking upon to advance gender equality in the legal profession and the judiciary

(i) We are developing a framework for the appointment of acting judges and there are on-going discussions with Heads of Court regarding this. This is important as acting appointments are an important vehicle through which women practitioners can enhance their opportunity for permanent appointments on the bench.

(ii) The Department continues to support the structures such as the South African Women Lawyers Association and the International Association of Women Judges which have, as their objective, the advancement of women judges.

(iii) In respect of the legal profession, the Department in collaboration with the Legal Practice Council:

  • has embarked on a process to develop a Legal Services Charter which amongst others will ensure the transfer of skills to previously disadvantaged practitioners in particular women; and
  • is working on new criteria for the confirmation of Senior Counsel status to eligible practitioners. This is with a view to transfer the Senior Counsel sector which is still predominately male and white.

09 December 2019 - NW1712

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Chirwa, Ms NN to ask the Minister of Justice and Correctional Services

Whether he has held any discussion with the National Prosecuting Authority on the desirability of prosecuting persons who fought for free quality education for all under the #FeesMustFall movement, in view of the fact that many of its activists are either in jail or still attending court cases?

Reply:

No, I have not discussed the matter with the National Director of Public Prosecutions nor indeed, with any member of the National Prosecution Authority. The prosecution of persons falls in the sole mandate of the National Prosecution Authority in terms of the Constitution of the Republic of South Africa, 1996, as well as the National Prosecuting Authority Act, 1998.

The National Prosecuting Authority without fear, favor or prejudice and it will be inappropriate for me to discuss any specific matters with the prosecution. My interface with the National Prosecuting Authority is in the context of ensuring that it functions efficiently.

The Honourable Member refers to “many activists in jail or attending court cases” I am only aware of one activist who was sentenced to imprisonment in a correctional facility and two activists attending court cases.

09 December 2019 - NW1711

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Chirwa, Ms NN to ask the Minister of Justice and Correctional Services

Whether he (a) has engaged the President to pardon Fees Must Fall activist, Mr Khanya Cekeshe; if not, what is the position in this regard; if so, what is the status of the process of pardoning Mr Khanya Cekeshe?

Reply:

No, in order to properly advise the President regarding a possible pardon in Mr Cekeshe’s case, a thorough and comprehensive evaluation is necessary to ensure that the President makes a rational decision with all relevant facts considered. Mr Cekeshe, like any other Fees Must Fall activists, was informed of the process he is required to follow to apply and submit a request for pardon.

Mr Cekeshe has chosen to exercise his legal right to appeal his conviction. This effectively means, he and his legal team believe that a different court could arrive at different conclusion. In other words, he believes that a different court could overturn his conviction. As such it is impermissible for one to engage in the process which speak to pardons. In order for one to invoke a pardon one must have completed the court process, a judicial process cannot run along aside the pardon process.

09 December 2019 - NW1511

Profile picture: Mulaudzi, Adv TE

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

What total number of (a) cases were investigated by the Special Investigating Unit in the 2018-19 financial year, (b)(i) the investigated cases led to successful litigation and (ii) amount was recovered and (c)(i) cases are outstanding and (ii) are the reasons that each case is outstanding?

Reply:

a) Number of proclamations under investigation during 2018/2019 FY

National Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R38 of 2010 extended by R27 of 2015 extended by R20 of 2018

National Department of Public Works

2020/2021

1 final presidential report submitted to the Presidency on 08/06/2018.

Investigation ongoing

2

R42 of 2010 extended by R73 of 2011

South African Police Service

2019/2020

Final presidential report has been prepared and is currently under internal review

3

R53 of 2012

Department of Rural Development and Land Reform (Land Restitution)

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

4

R54 of 2012

Department of Water Affairs and Forestry

2018/2019

Final presidential report submitted to the Presidency on 26/10/2018

5

R7 of 2014 amended by R599 of 2015 amended by R32 of 2017

Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA)

2020/2021

1 Final presidential report has been prepared and is currently under internal review.

Investigation ongoing

6

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

2019/2020

Final presidential report has been prepared and is currently under internal review

7

R55 of 2014

Department of Labour and Compensation Fund

2019/2020

Final presidential report has been prepared and is currently under internal review

8

R59 of 2014

National Department of Public Works

2018/2019

Final presidential report submitted to Presidency on 14/12/2018

9

R18 of 2016

Department of Correctional Services

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

10

R19 of 2016

Construction Industry Development Board

2020/2021

Investigation ongoing

11

R24 of 2017

Department of Rural Development and Land Reform

2020/2021

Investigation ongoing

12

R28 of 2017

Department of Correctional Services and Independent Development Trust

2020/2021

Investigation ongoing

13

R37 of 2017

National Department of Transport

2020/2021

Investigation ongoing

14

R21 of 2018 amended by R33 of 2019

Department of Justice and Constitutional Development

2020/2021

Extended by Proclamation R33 of 2019.

Investigation ongoing

15

R27 of 2018 amended by R44 of 2019

National Department of Water and Sanitation

2020/2021

Extended by Proclamation R44 of 2019.

Investigation ongoing

16

R18 of 2019

National Health Laboratory Services

2020/2021

Investigation ongoing

Provincial Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R17 of 2016

Department of Education: EC

2018/2019

Final presidential report submitted to Presidency on 20/06/2018

2

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

 

1 final presidential report submitted to Presidency on 21/09/2018. Extended by Proclamation R27 of 2019.

Investigation ongoing

3

R23 of 2016

Provincial Department of Transport: KZN

2019/2020

Final presidential report has been prepared and is currently under internal review

4

R32 of 2016

Independent Development Trust, the Department of Basic Education and the Department of Education for the Free State

2019/2020

Final presidential report has been prepared and is currently under internal review

5

R9 of 2017

Provincial Department of Agriculture and Rural Development and Mjindi Farming: KZN

2019/2020

Investigation ongoing

6

R17 of 2017

Department of Social Development: EC

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

7

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

2019/2020

Extended by proclamation R6 of 2019.

Investigation ongoing

8

R30 of 2017 amended by R45 of 2019

Provincial Treasury: KZN

2020/2021

Extended by proclamation R45 of 2019.

Investigation ongoing

9

R35 of 2017

PSETA

2019/2020

Final presidential report has been prepared and is currently under internal review

10

R2 of 2018 amended by R31 of 2019

North West Department of Public Works and Roads and Transport

 

Extended by proclamation R31 of 2019.

Investigation ongoing

11

R4 of 2018

AGRISETA

2019/2020

Final presidential report has been prepared and is currently under internal review

12

R5 of 2018

Tshwane South College

2019/2020

Investigation ongoing

13

R10 of 2018

Department of Correctional Services: KZN

2019/2020

Investigation ongoing

14

R12 of 2018

Roads Agency Limpopo Ltd

2020/2021

Investigation ongoing

15

R14 of 2018

Department of Transport: KZN

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

16

R16 of 2018 amended by R25 of 2018

MICT SETA

2020/2021

Investigation ongoing

17

R36 of 2018

Department of Transport: KZN

2020/2021

Investigation ongoing

18

R4 of 2019

Umgeni Water

2020/2021

Investigation ongoing

Local Government Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R62 of 2010

Tshwane Metropolitan Municipality

2019/2020

Final presidential report submitted to Presidency on 17/10/2018

2

R52 of 2014

Greater Tubatse Local Municipality

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

3

R21 of 2016

Msunduzi Local Municipality

2018/2019

Final presidential report submitted to Presidency on 29/03/2019

4

R59 of 2016 amended by R7 of 2018

Greater Sekhukhune District Municipality and the Elias Motsoaledi Local Municipality ("the municipalities")

2019/2020

1 final presidential report submitted to Presidency on 17/10/2018. Extended by proclamation R7 of 2018.

Investigation ongoing

5

R8 of 2017 amended by R15 of 2018 amended by R16 of 2019

Mopani District Municipality

2020/2021

Extended by R16 of 2019.

Investigation ongoing

6

R10 of 2017

Harry Gwala District Municipality

2019/2020

Final presidential report submitted to Presidency 15/10/2019

7

R18 of 2017 amended by R43 of 2019

Thabazimbi Local Municipality

2020/2021

Extended by proclamation R43 of 2019.

Investigation ongoing

8

R19 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under internal review

9

R25 of 2017

Lesedi Local Municipality

2020/2021

Investigation ongoing

10

R36 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under internal review

11

R6 of 2018

Raymond Mhlaba Local Municipality

2019/2020

Final presidential report has been prepared and is currently under internal review

12

R9 of 2018

Mbhashe Local Municipality

2019/2020

Investigation ongoing

13

R13 of 2018

EC Institutions (Nelson Mandela Funeral)

2019/2020

Investigation ongoing

14

R26 of 2018

Ethekwini Metropolitan Municipality

2019/2020

Investigation ongoing

15

R28 of 2018 amended by R5 of 2019

Ekurhuleni Metropolitan Municipality

2020/2021

Extended by proclamation R5 of 2019.

Investigation ongoing

16

R7 of 2019

Moretele Local Municipality

2020/2021

Investigation ongoing

17

R17 of 2019

City of Johannesburg

2020/2021

Investigation ongoing

State Owned Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R53 of 2014 amended by R15 of 2015

SITA

2019/2020

Final presidential report has been prepared and is currently under internal review

2

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

2019/2020

Investigation ongoing

3

R11 of 2018

Eskom and Transnet

2020/2021

Investigation ongoing

b0 Number and value of civil litigation during the 2018/2019 FY

(i) 19 civil matters were instituted to the value of R7.9 billion. None of the civil matters instituted during the 2018/2019 financial year had yet resulted in recoveries during that financial year. None of the values reflected in (ii) flowed from civil matters instituted during the 2018/2019 financial year.

No

Proc No

Dept/State Institution

Total value of civil matters instituted

1

R7 of 2014 amended by R599 of 2015 amended by R32 of 2017

Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA)

R208 025 175

2

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

R675 293

3

R59 of 2014

National Department of Public Works

R21 710 374

4

R19 of 2016

Construction Industry Development Board

R1 109 577 173

5

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

R2 521 024 500

6

R27 of 2015 extended by R20 of 2018

National Department of Public Works

R12 596 561

7

R10 of 2017

Harry Gwala District Municipality

R2 000 000

8

R18 of 2017

Thabazimbi Local Municipality

R49 848 921

9

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

R1 344 388

10

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

R329 277 653

11

R11 of 2018

Eskom

R3 700 000 000

(ii) Value of recoveries made during the 2018/2019 FY

Total value of R136.8 million made up as follows:

No

Proc No

Dept/State Institution

Value

1

R40 of 2015

Buffalo City Metropolitan Municipality

R7 910 305

2

R59 of 2014

National Department of Public Works

R118 480 288

3

R23 of 2016

Provincial Department of Transport: KZN

R1 059 762

4

R9 of 2017

Provincial Department of Agriculture and Rural Development and Mjindi Farming: KZN

R432 000

5

R8 of 2017 amended by R15 of 2018 amended by R16 of 2019

Mopani District Municipality

R1 320 101

6

R10 of 2017

Harry Gwala District Municipality

R851 522

7

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

R622 178

8

R25 of 2017

Lesedi Local Municipality

R50 000

9

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

R594 926

10

R4 of 2018

AGRISETA

R59 100

11

 

SIU Acknowledgement of Debt Enforcement Department

R5 451 928

c) Proclamations still ongoing and reasons why not concluded

(i) List of proclamations still ongoing

(ii) Please take note that proclamations that are under investigation in a particular financial year will not necessarily be finished in the same financial year. All proclamations have a start date and an end date and the duration of the investigation depends on the nature/complexity of the matters to be investigated.

National Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R38 of 2010 extended by R27 of 2015 extended by R20 of 2018

National Department of Public Works

2020/2021

Investigation ongoing

2

R42 of 2010 extended by R73 of 2011

South African Police Service

2019/2020

Final presidential report has been prepared and is currently under review

3

R53 of 2012

Department of Rural Development and Land Reform (Land Restitution)

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

4

R7 of 2014 amended by R599 of 2015 amended by R32 of 2017

Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA)

2020/2021

1 Final presidential report has been prepared and is currently under review.

Investigation ongoing

5

R54 of 2014 amended by R44 of 2015

Department of Public Works (Prestige Projects Western Cape)

2019/2020

Final presidential report has been prepared and is currently under review

6

R55 of 2014

Department of Labour and Compensation Fund

2019/2020

Final presidential report has been prepared and is currently under review

7

R18 of 2016

Department of Correctional Services

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

8

R19 of 2016

Construction Industry Development Board

2020/2021

Investigation ongoing

9

R24 of 2017

Department of Rural Development and Land Reform

2020/2021

Investigation ongoing

10

R28 of 2017

Department of Correctional Services and Independent Development Trust

2020/2021

Investigation ongoing

11

R37 of 2017

National Department of Transport

2020/2021

Investigation ongoing

12

R21 of 2018 amended by R33 of 2019

Department of Justice and Constitutional Development

2020/2021

Extended by Proclamation R33 of 2019.

Investigation ongoing

13

R27 of 2018 amended by R44 of 2019

National Department of Water and Sanitation

2020/2021

Extended by Proclamation R44 of 2019.

Investigation ongoing

14

R18 of 2019

National Health Laboratory Services

2020/2021

Investigation ongoing

Provincial Departments

No

Proc No

Dept/State Institution

End date

Reason

1

R22 of 2016 amended by R27 of 2019

Department of Human Settlements, Gauteng and Lepelle Northern Water

 

Extended by Proclamation R27 of 2019.

Investigation ongoing

2

R23 of 2016

Provincial Department of Transport: KZN

2019/2020

Final presidential report has been prepared and is currently under review

3

R32 of 2016

Independent Development Trust, the Department of Basic Education and the Department of Education for the Free State

2019/2020

Final presidential report has been prepared and is currently under review

4

R9 of 2017

Provincial Department of Agriculture and Rural Development and Mjindi Farming: KZN

2019/2020

Investigation ongoing

5

R17 of 2017

Department of Social Development: EC

2019/2020

Final presidential report submitted to Presidency on 27/11/2019

6

R23 of 2017 amended by R6 of 2019

Gauteng Department of Health: Mental health care facilities

2019/2020

Extended by proclamation R6 of 2019.

Investigation ongoing

7

R30 of 2017 amended by R45 of 2019

Provincial Treasury: KZN

2020/2021

Extended by proclamation R45 of 2019.

Investigation ongoing

8

R35 of 2017

PSETA

2019/2020

Final presidential report has been prepared and is currently under review

9

R2 of 2018 amended by R31 of 2019

North West Department of Public Works and Roads and Transport

 

Extended by proclamation R31 of 2019.

Investigation ongoing

10

R4 of 2018

AGRISETA

2019/2020

Final presidential report has been prepared and is currently under review

11

R5 of 2018

Tshwane South College

2019/2020

Investigation ongoing

12

R10 of 2018

Department of Correctional Services: KZN

2019/2020

Investigation ongoing

13

R12 of 2018

Roads Agency Limpopo Ltd

2020/2021

Investigation ongoing

14

R14 of 2018

Department of Transport: KZN

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

15

R16 of 2018 amended by R25 of 2018

MICT SETA

2020/2021

Investigation ongoing

16

R36 of 2018

Department of Transport: KZN

2020/2021

Investigation ongoing

17

R4 of 2019

Umgeni Water

2020/2021

Investigation ongoing

Local Government Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R52 of 2014

Greater Tubatse Local Municipality

2019/2020

Final presidential report submitted to Presidency on 10/09/2019

2

R59 of 2016 amended by R7 of 2018

Greater Sekhukhune District Municipality and the Elias Motsoaledi Local Municipality ("the municipalities")

2019/2020

Extended by proclamation R7 of 2018.

Investigation ongoing

3

R8 of 2017 amended by R15 of 2018 amended by R16 of 2019

Mopani District Municipality

2020/2021

Extended by R16 of 2019.

Investigation ongoing

4

R10 of 2017

Harry Gwala District Municipality

2019/2020

Final presidential report submitted to Presidency 15/10/2019

5

R18 of 2017 amended by R43 of 2019

Thabazimbi Local Municipality

2020/2021

Extended by proclamation R43 of 2019.

Investigation ongoing

6

R19 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

7

R25 of 2017

Lesedi Local Municipality

2020/2021

Investigation ongoing

8

R36 of 2017

Alfred Nzo Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

9

R6 of 2018

Raymond Mhlaba Local Municipality

2019/2020

Final presidential report has been prepared and is currently under review

10

R9 of 2018

Mbhashe Local Municipality

2019/2020

Investigation ongoing

11

R13 of 2018

EC Institutions (Nelson Mandela Funeral)

2019/2020

Investigation ongoing

12

R26 of 2018

Ethekwini Metropolitan Municipality

2019/2020

Investigation ongoing

13

R28 of 2018 amended by R5 of 2019

Ekurhuleni Metropolitan Municipality

2020/2021

Extended by proclamation R5 of 2019.

Investigation ongoing

14

R7 of 2019

Moretele Local Municipality

2020/2021

Investigation ongoing

15

R17 of 2019

City of Johannesburg

2020/2021

Investigation ongoing

State Owned Entities

No

Proc No

Dept/State Institution

End date

Reason

1

R53 of 2014 amended by R15 of 2015

SITA

2019/2020

Final presidential report has been prepared and is currently under review

2

R29 of 2017 amended by R19 of 2018

South African Broadcasting Corporation

2019/2020

Investigation ongoing

3

R11 of 2018

Eskom and Transnet

2020/2021

Investigation ongoing

09 December 2019 - NW1193

Profile picture: Mulder, Dr CP

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

Whether the National Prosecuting Authority is planning on prosecuting a certain person (name furnished); (2) whether he will make a statement on the matter?

Reply:

  1. The National Prosecuting Authority (NPA) can only prosecute when there is a complainant who opened a criminal docket at the police station. At this stage, we are not aware of any case lodged with the police against the person referred to.
  2. No,

09 December 2019 - NW1445

Profile picture: Maseko-Jele, Ms NH

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

What measures did his department put in place to strengthen the Offices of the Master of the High Court, with regard to the lengthy waiting periods in winding up deceased estates?

Reply:

(a) The Department is implementing a number at measures to improve efficiency in respect at services rendered in the office of the Master at the High Court. Key amongst these is the automation at the process in the Master’s office is the introduction at the Paperless Estate Administration System. Through this system, the Master’s offices are able to render efficient service delivery by responding immediately to enquiries as the information is readily available. We are able to provide copies as the documents are scanned. We can also provide accurate statistics of the Letters of Appointments issued by the Master’s offices as we can draw the reports.

(b) It is also important to note that over the past years the Masters’ work has steadily increased, though the officials attending to the same work have declined over the same period. The Masters’ Office lack capacity and has a high vacancy rate. In order to address this challenge, processes to fill funded vacant posts in the Masters Office are underway, taking into consideration budget constraints and further cuts with regards to the Department’s allocated budget. The vacant post of the Chief Master is also being filled. The post has been advertised and the closing date is 13 December 2019.

(c) With regards to the period it takes to wind up a deceased estate, it is further important to note that the business processes and timeframes are prescribed in the Administration of Estates Act, and the offices of the Master strive to ensure adherence to these timeframes. When an estate is reported to the Master, the office endeavors to issue the Letter of Appointment within 15 working days from receipt of all required documents.

(d) The process of administering an estate involves third parties and the Master facilitates the interface among the interested parties, which at times fall behind the expected timeframes for reasons beyond the control of the Master. The Executors and other role-players’ (i.e. beneficiaries, creditors etc.) actions influences the timeframe within which an estate is finalised.

22 November 2019 - NW1016

Profile picture: Selfe, Mr J

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

Whether any persons have been appointed to the National Council for Correctional Services in terms of section 83(2)(h) of the Correctional Services Act, Act 111 of 1998, since 1 January 2014; if not, why not; if so, (a) who was appointed to the National Council for Correctional Services, (b) what is each person’s area of expertise and experience and (c) on what date was the Portfolio Committee on Justice and Correctional Services consulted on the appointments of the specified persons?

Reply:

No, the then Minister appointed the National Council for Correctional Services (NCCS) for a period of five (5) years with effect from 1 March 2010 until 28 February 2015.

(a) who was appointed

(b) each person’s area of expertise and experience

(c) date the Portfolio Committee on Justice and Correctional Services consulted

Appointed with effect 1 March 2010 for a period of five (5) years ending 28 February 2015. These appointments were extended for a period of three (3) months until 31 May 2015

Dr KJ Kometsi

Ms LUZ Rataemane

Dr M Mako

Clinical Psychologist

 

Ms B Ngobeni

Community Development Expert

 

Ms L Smit

NGO promoting Social Re-integration of offenders back into society

 

Dr M F Randera

Medical Doctor

 

Mr S Nkanunu

Practicing attorney

 

Appointed on 1 June 2015 for a period of 12 months ending 31 May 2016

Dr VR Chetty

CRIMINOLOGIST:

Dr Chettys’ specialty, specifically during the parole consideration process by the NCCS, is the identification of crimogenic factors within offenders profiles and whether such needs have been addressed before such offender can be released back to society.

11 November 2015

Ms AL Vilakazi

ATTORNEY:

Ms Vilakazi is a practicing attorney and Director of Buthelezi Vilakazi Inc, a firm of attorney based in Sandton. Her specialty on the Council is that of ensuring compliance with applicable legislation (Constitutional Act, Criminal Procedure Act and the Correctional Services Act).

 

Ms N Gwayi

Dr RM Mgudu

Ms BN Ngobeni

COMMUNITY DEVELOPERS AND EDUCATORS:

Ms. Nondumiso Gwayi

Her main focus and interest is the importance of family and community support as a key element in the successful reintegration of offenders into society.

Mr. Richard Mzoxolo Bhunga Mgudu

His interest, by virtue of his profession, in the skilling, rehabilitation programmes and academic development of offender.

Ms. Busi Ngobeni

Ms. Ngobeni is an educator by profession. Has been serving as a member of the NCCS since 2010 and has over the years facilitated training conducted by NCCS members to Social Workers, Psychologists and Parole Boards.

 

Appointed on 1 June 2016 for a period of 36 months ending 31 May 2019

These appointments were extended by the Minister until 30 November 2019, pending the re-advertisement of the call for nominations, the consultation and appointment process.

(a)who was appointed

(b) each person’s area of expertise and experience

(c) date was the Portfolio Committee on Justice and Correctional Services consulted

Mr IL de Klerk

Ms ST Monyemane

Ms LUZ Rataemane

Experts in clinical psychology

18 May 2016

Adv KA Mahumani

Rev JP Clayton

Representatives of non-governmental organisations working within the field of Correctional Services

 

Ms AL Vilakazi

Dr VR Chetty

Academics with expertise in criminal law, criminology, penology or restorative justice.

 

Mr N Nkopo

Expert in community justice systems

 

An appointment process has been initiated with positions due to be advertised during the month of October 2019.

22 November 2019 - NW1055

Profile picture: Selfe, Mr J

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

Whether he has found that all correctional centres conform to the requirements prescribed in terms of section 7(1) of the Correctional Services Act, Act 111 of 1998; if not, (a) why not, (b) which correctional centres have been found not to conform to the prescribed requirements and (c) what steps is his department taking to ensure conformity with the prescribed requirements in all correctional centres?

Reply:

1. Not all the correctional centres conform to the requirements of Clause 7(1) of the Correctional Services Act 111 of 1998 which stipulates the following:

7 Accommodation (1) Prisoners must be held in cells which meet the requirements prescribed by regulation in respect of floor space, cubic capacity, lighting, ventilation, sanitary installations and general health conditions. These requirements must be adequate for detention under conditions of human dignity.”)

(a) The reasons for the non-conformity are:-

(ii) The Department’s correctional centres are made up of a range of facilities built over an extended period of time and they cater for a variety of different purposes to suit the thinking that was prevalent at the time of their construction. Many of centres were not designed to fulfil the objective of inmate detention under conditions of human dignity as is prevalent in the current correctional system;

(iii) Overcrowding in correctional centres which causes accelerated dilapidation of facilities, faster than new facilities can be constructed or the existing ones repaired;

(iv) Backlog of maintenance due to financial and human capacity constraints within both the implementing agent department (DPWI) as well DCS.

(b) There are fifteen (15) correctional centres that do not conform to the requirements (marked by * in the table below).

(c) The department is instituting corrective actions by upgrading existing correctional centres where funds permit, as well as planning the construction of new correctional centres as follows:-

 

Correctional centre

Status

Corrective action

1

Glencoe*

Completed 2019/20

Upgrading contract for a section of the centre was completed in June 2019; Contract 2 is in planning for the remainder of the centre

2

Tzaneen*

Under construction

Construction of a new 500 bed correctional centre to replace zinc structure is underway, due for completion during 2019/2020

3

Lichtenburg*

Planning

Planning for an upgrading project to create additional 234 bed spaces and replace zinc structure is at an advanced stage; construction to commence in 2020/2021

4

Leeuwkop*

Planning

Planning for a new correctional centre to create 1,000 bed spaces and replace zinc structure is at site clearance stage

5

Voorberg*

Planning

Planning for a new correctional centre to create 1,500 bed spaces and replace zinc structure is at site clearance stage

6

Zeerust*

Planning

Planning for a new correctional centre to create 500 bed spaces and replace zinc structure is at site clearance stage

7

Makhado*

Zinc construction

Planning will commence when funds are available

8

Atteridgeville*

Zinc construction

Planning will commence when funds are available

9

Drakenstein Medium B*

Zinc construction

Planning will commence when funds are available

10

Pollsmoor Medium B*

Zinc construction

Planning will commence when funds are available

11

Groenpunt Medium*

Zinc construction

Planning will commence when funds are available

12

Brandvlei Medium*

Zinc construction

Planning will commence when funds are available

13

Brandvlei Maximum*

Closed

Closed. Repair and renovation project is in planning stage

14

Umzimkhulu*

Closed

Closed. Repair and renovation project is in planning stage

15

Geluk*

Closed

Closed. Planning will commence when funds are available

16

Standerton

Completed 2019/20

Upgrading and addition of 787 bed spaces, completed during 2019/20

17

Estcourt

Completed 2019/20

Upgrading and addition of 309 bed spaces, completed during 2019/20

18

Parys

Under construction

Upgrading and addition of 176 bed spaces commenced in 2019

19

Burgersdorp

Planning

Planning for an upgrading project to create 311 additional bed spaces is at an advanced stage; construction to commence in 2020/2021

20

Bethal

Planning

Planning is underway for a major repair and renovation project under the DPWI “Planned Maintenance” budget

21

Mahikeng

Planning

Planning is underway for a major repair and renovation project under the DPWI “Planned Maintenance” budget

22

Port Shepstone

Planning

Planning is underway for a major repair and renovation project under the DPWI “Planned Maintenance” budget

19 November 2019 - NW1368

Profile picture: Cachalia, Mr G K

Cachalia, Mr G K to ask the Minister of Justice and Correctional Services

Whether his department did business with certain (a) persons, (b) companies and (c) trusts (names and details furnished in each case) (i) in each of the past five financial years and (ii) since 1 April 2019; if so, (aa) on what date(s) did his department do business with the specified persons, companies and trusts and (bb) what was the (aaa) nature and (bbb) monetary value of each business arrangement?

Reply:

(i) The Department of Justice and Constitutional Development did not do business with the persons, companies and trusts listed.

(ii) The Office of the Chief Justice (OCJ) is not in a position to indicate whether it has done business with anyone of the listed individuals in the absence of more information regarding their identities such as identity numbers, Nationality, Occupations, ect.

(iii) The Office of the Chief Justice (OCJ) did not do business with any of the companies mentioned by the Honourable Member.

(iv) The Office of the Chief Justice (OCJ) did not do any business with any of the Trusts mentioned by the Honourable Member.

19 November 2019 - NW873

Profile picture: Horn, Mr W

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

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

Reply:

A total of fifty six (56) cases of fruitless and wasteful expenditure were reported during 2017/18 financial year. The total value of the cases amounts to R41 233 748.00 and two (02) of the cases reported with a total amount of R9 701.00 were written off without any recoveries recommended because the expenditures were incurred in emergency service delivery. These 02 cases were due to:

(i) DCS team escorting offenders found that the accommodation which was booked was not safe for personnel and state vehicles and they moved to a more secured accommodation: R9 435.00.

(ii) Traffic offences by drivers led to the vehicle being impounded. The department had to pay R266.00 to release the vehicle for service delivery. The traffic fines were moved from the department proxy to the drivers to personally pay them:
R 266.00.

The department is in process of investigating all cases (except the two indicated above) and where applicable, recoveries and disciplinary process will be undertaken based on the outcomes of investigations.

END

31 October 2019 - NW1272

Profile picture: Wessels, Mr W

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

(1) With reference to the reply of the former Minister to question 3669 on 11 December 2018 and his reply to question 883 on 17 October 2019, on what exact date did the storm damage occur at the storage facilities of Docufile, the previous service provider; (2) what has he found to be the reason(s), other than poor record-keeping and indexing of files, that the loss of the 45 000 files was only discovered in January 2019, while the former Minister in his reply on 11 December 2018 had indicated that all files were in fact received from the previous service provider; (3) whether (a) all the affected parties have been adequately informed of the lost files and (b) cases will be prioritised to expedite the conclusion of the involved trusts; if not, why not, in each case; if so, what are the relevant details in each case; (4) whether he has found that no backlogs are currently being experienced at any of the other 15 Master’s Offices; if not, (a) what is the current situation at the specified offices, (b) what actions are being taken to address any such backlogs and (c) by what date(s) is it expected to be brought up to date; (5) whether he will make a statement on the matter?

Reply:

1. According to information, the storm damage occurred during September 2012. At that time, the office had no knowledge as to the extent of the damage. Whilst dealing with the backlogs in December 2018, it was realized that hundreds of files are not with the current service provider and in trying to establish the whereabouts of these files, it was brought to the attention of the Office of the Acting Chief Master that thousands of trust files were destroyed in a storm. It was also indicated that the files were ultimately disposed-off by the service provider without the Master having any opportunity to view the files for possible recovery. This has also led to litigation against the erstwhile service provider. It would appear that the management of the Master’s Office, Pretoria and the previous Chief Master at the time was made aware of this, but the information was not filtered through to senior management in the Master’s Office, Pretoria. Once the Acting Master received the information regarding the damaged files, she immediately reported this to the current Acting Chief Master, Mrs Bezuidenhout, earlier in 2019.

2. It has come to light that indeed poor record keeping by the office and no proper data base of files has led to this unfortunate situation. However, a project will be undertaken during December 2019 to address this. All files are to be removed to the current service provider, whom will then create a proper data base of all files. If it is then found that a file is not on this database, a dummy file will be opened to ensure service delivery to clients.

3. (a) The Master does not have the information in respect of all the affected clients as they deal with matters on a case to case basis. This is only established once a file cannot be located, if the file is requested by a client. Once a file cannot be located, the client is informed that the file is possibly amongst those damaged in the storm and the client is requested to provide copies of the trust deed, letter of acceptance and other relevant documentation to enable the Master to reconstruct the file. However, all stakeholders such as the Law Society, Banks and Trust Companies have been made aware of the situation.

(b) As stated above, a project will be undertaken and overtime will be effected to prioritize long outstanding matters.

4. (a) The other 14 offices are not experiencing a backlog in respect of Trust matters.

However, the Cape Town office has a backlog in respect of deceased appointments. This is also as a result of poor management of files and a lack of space to properly store files. This is also being addressed and meetings are to be held with National Archives to ensure the latter takes old files to create space at the various offices.

(b) As stated, a project will be embarking on in Pretoria as well as Cape Town to ensure backlogs are cleared by way of overtime and appointment of casual workers to assist.

(c) It is envisaged that the backlogs will be cleared by the end of March 2020.

5. I have already alluded to the matter during an interview.

31 October 2019 - NW1097

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Justice and Correctional Services

With reference to the reply of the Minister of International Relations and Cooperation to question 559 on 5 September 2019, what was the reason that the National Prosecuting Authority decided not to prosecute?

Reply:

The Honourable Member should note that the suspect is an Ambassador, and as such has diplomatic immunity preventing prosecution.

Other diplomatic remedies (e.g. requesting an official apology from the home state, requesting waiver of immunity, recall of the suspect being an Ambassador, declaring the accused a persona non grata, etc.) were considered but in light of the available evidence and nature of the charges, none were deemed appropriate. It was decided not to pursue such remedies and consequently the diplomatic immunity is preventing prosecution.

This decision was informed after, amongst others:

(i) Discussions with the consular section of the Department of International Relations and Cooperation (DIRCO) regarding the type of case warranting any of the above remedies which will enjoy the support of DIRCO;

(ii) The nature of the conduct complained about (i.e. inappropriate massaging of the Ambassador by the complainant who was a domestic worker, over a number of years starting in 2013, initially without complaints or reports to others before 2016);

(iii) The fact that the complaint was laid with the police only in 2019 following alleged intervention or assistance of others involved in a labour dispute;

(iv) The fact that the complainant is a single witness;

(v) The absence of substantial corroboratory evidence confirming the complainant’s allegations; and

(vi) The implications that may follow on a diplomatic level (including the reputation of the Republic of South Africa in the international arena vis-à-vis the handling of foreign diplomats and their legal rights).

Therefore, the decision not to prosecute was taken after reaching a conclusion that the evidence available was insufficient to prove the charges beyond reasonable doubt.

31 October 2019 - NW1171

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De Villiers, Mr JN to ask the Minister of Justice and Correctional Services

Whether his department incurred any costs related to the (a) inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and (b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case, (i) what costs were incurred and (ii) for what reason?

Reply:

I have been informed that the Department of Justice and Constitutional Development and the Department of Correctional Services did not incur any costs related to the inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and State of the Nation Address held in Cape Town on 20 June 2019.

a) (i) The Office of the Chief Justice incurred the following costs for the Presidential Inauguration on 25 May 2019:

Travel cost:                               R379 867.61

Accommodation and meals:       R392 361.69

Total cost:                                 R772 229.30

The Presidency carried the cost to an amount of R678 104.00 whilst the Office of the Chief Justice carried to an amount of R94 125.30 from its own voted budget.

(ii) the cost incurred was for the travel, accommodation and meals cost for the Judicial Officers attending the event as well as the cost for the logistical support provided by Office of the Chief Justice officials.

(b)(i) The Office of the Chief Justice incurred the following cost for the State of the Nation Address on 20 June 2019:

Travel cost:                        R408 368.27

Accommodation:                R244 308. 00

Total cost:                         R652 676. 27

(ii) The cost incurred was for the travel and accommodation cost for the Judicial Officers attending the event as was as the cost for the logistical support provided by Office of the Chief Justice officials.

30 October 2019 - NW1119

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

Whether the Skukuza Regional Court has been closed permanently; if so, (a) from what date and (b) why; 2) (a) what has been the conviction rate achieved in this court, (b) what number of cases of wildlife poaching has the court dealt with in each month since it was established and (c) where will poaching cases that would have been handled by this court be heard in future; 3) will this alternative court be provided with extra capacity; if not, why not; if so, what additional capacity does the alternative courts have; 4) whether he has found that the closure of this court will affect the conviction rate for poaching; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The Skukuza court was originally established by Proclamation on 01 February 1963 as a Periodical Court for the district of White River. With the demarcation of the magisterial districts, it was proclaimed as a periodical court for the district of Bushbuckridge as per notice GG 39601 dated 15 January 2016, and amended by GG 39961 dated 29 April 2016. It was never purposed to be a Regional Court. The Regional Court sessions for cases emanating from the Kruger National Park were originally attended to in the Regional Court in Mbombela. As from March 2017 the cases were moved to be attended to by the Regional Court Magistrate who was appointed for the Regional Court seated in Mashishing and were done in Skukuza by default to create a Regional Court caseload for the mentioned Regional Court Magistrate. Therefore, there was no Proclamation which created Skukuza as a Regional Court. The Court facility in Skukuza doesn’t allow for a Regional court sitting as it is small and it’s not structured to provide Regional Court requisite space. The extension of services to Skukuza by the Regional Court at that stage was to create the work of the Regional Court Magistrate who was appointed at Mashishing and did not have adequate volume of cases to handle.

On 28 August 2019, the court functionaries comprising, amongst others, the Chief Magistrate of Mpumalanga District Court Judiciary and the acting Director of Public Prosecutions, attended a meeting which was convened and chaired by the Mpumalanga Regional Court President, to review the continuation of sessions of the Regional Court in Skukuza. In view of all the considerations regarding inter alia the challenges with the facilities at the Periodical court, the challenge with access to the Skukuza Periodical by members of the public who require permits to attend court and the fact that there is actually no community at Skukuza which the court serves, the meeting resolved to gradually transfer Regional Court cases from Skukuza to Mhala which is a fully serviced Regional Court with a full administrative staff component. The post of the Regional Court Magistrate was transferred from Mashishing to Mhala and there is an experienced Public Prosecutor. The court also has requisite court facilities to properly adjudicate Regional court cases and adequate security for members of public and the Regional court judiciary alike.

It should also be mentioned that the sitting of the Regional Court in a facility that has been meant for a Periodical Court is not supported by law as only the main seats of courts and the branch courts for specified districts were appointed as places of sitting for Regional Courts.

It is worth mentioning though that the Bushbuckridge district court, sitting as the Skukuza Periodical Court will continue to sit and function as a reception court to deal with bail cases and to transfer district court trial cases to Bushbuckridge and the Regional Court cases to Mhala. The latter will accord with the legal status of the court for which it was proclaimed by the relevant Government Gazette Notice.

2. According to the information provided, the Court has dealt with 39 Regional Court cases to date, which include poaching cases, since the default establishment of the Regional Court sessions at Skukuza during March 2017. The Regional court has attained 100% conviction rate on the 39 cases. When averaging the total number of cases and the 30 months’ duration since March 2017, we can safely conclude that on average 39 cases were finalised in 30 months which is on average 1, 3 cases per month.

All the Regional Court poaching cases that were previously attended to at the Skukuza Periodical court will now be dealt with at the Mhala sub-district Court which is adequately furnished, secured and accessible to communities with controlled access to the court building.

3. The Skukuza Periodical court is by its very nature without any permanent capacity. All court functionaries and administrative support staff are drawn from the main court under which the Periodical court falls. The Periodical court doesn’t have an organogram of its own hence the staff of Skukuza court travels daily from their stations with cost implications in respect of travel and subsistence allowances to staff. There is sometimes a need to arrange accommodation for those court functionaries who are travelling for long distances to render services in respect of the court proceedings. The staff who travelled to Skukuza Periodical court to render the necessary support services to the Regional Court sessions will now render their services at their station without the necessity to incur extra costs and spend time on the road. Mhala court is a fully functional court with requisite amenities and facilities including well-furnished court rooms.

4. The management of both the Regional court and District court in Mpumalanga is of the view that the gradual transfer of Regional court cases to Mhala will not affect the conviction rate for poaching. They are of the view that some of the of 39 poaching cases were dealt with at Mhala. It should be noetd that prior the year 2017, these cases were dealt with at White River Magistrate court, then after they were dealt with at Nelspruit Magistrate court, and before 2016 they were dealt with at Mashishing were the Regional Court Magistrate was appointed before the post was moved to Mhala for convenience of handling poaching cases in proximity to Kruger National Park.

There is a popular understanding by all who administer justice in the area (MPU) that due to the convenient and conducive environment at Mhala, the conviction rate will not be affected and there is a likelihood that it will even increase the turnaround time in finalisation of Regional Court cases including the poaching cases.

22 October 2019 - NW885

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

1) What total number of cases of (a) domestic violence and (b) sexual offences were withdrawn by the (i) complainants and/or (ii) National Prosecuting Authority (aa) in (aaa) 2017 and (bbb) 2018 calendar years and (bb) since 1 January 2019; 2) whether he will make a statement on the matter?

Reply:

a) Domestic violence:

I am informed that the National Prosecuting Authority does not keep statistics regarding domestic violence matters. In this regard it is important to mention that domestic violence is an umbrella term for several offences which can be both statutory and common law offences. For example, if a person is convicted of the common law offence of assault on his or her partner, it will be captured as a criminal offence of assault and not as domestic violence.

1. During the years mentioned hereunder a number of persons were in contempt of the protection order issued against him or her in terms of the Domestic Violence Act, 1998 (Act 116 of 1998). The statistics of these withdrawals are as follows:

Domestic Violence - Criminal

Period

Total no. of cases disposed of

  1. Withdrawn Cases

Withdrawal Rate*

aaa) 2017/18

9 782

5 487

56.1%

bbb) 2018/19

10 438

6 174

59.1%

bb) Q1* of 2019/20

3 013

1 780

59.1%

*Q1 = April - June 2019

(Source: National Operations Centre (NOC) at the Department of Justice and

Constitutional Development)

It should be noted that the figures above are projected as financial years rather than normal calendar periods.

Our electronic court systems at this point do not provide for a distinction between withdrawals by the complainant and the prosecutor. A request has been made for the system to be amended so that a new field can be populated to provide such information in the future.

*Withdrawal rate = withdrawn cases against total number of disposed of cases.

b) Sexual offences:  

(i) There are instances where the complainant requests the withdrawal of his/her case, and such cases can be withdrawn in court. However, the data reflecting this number of withdrawals, i.e., only by complainants, is not separately kept but forms part of the total number of withdrawals reflected in paragraph (ii) below.

(ii) The NPA reflects its performance data according to financial years. Accordingly, the number of cases withdrawn in the dedicated sexual offences courts for the financial year April 2018 – March 2019 comprised a total of 98 cases. During the first four months of the financial year 2019/20 (April – July), 44 cases were withdrawn. Data is not available for dedicated sexual offences courts prior to FY2018/19. It must be noted that sexual offence cases are also withdrawn in other courts but we do not have the specific data for withdrawn sexual offences only, because while data is kept on the number of cases withdrawn, this information is not recorded per crime type, but for the total number of the cases withdrawn.

17 October 2019 - NW746

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

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

Reply:

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

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

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

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

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

2. There were no gifts distributed to the guests.

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

17 October 2019 - NW190

Profile picture: Mhlongo, Mr TW

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

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

Reply:

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

17 October 2019 - NW634

Profile picture: Mente-Nqweniso, Ms NV

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

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

Reply:

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

a) Yes.

b) Yes.

c) Yes.

d) No.

17 October 2019 - NW643

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional ServicesWhat total amount has been spent on the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State since it was established.REPLY A total of R330,070 million has been spent up to 31 July 2019

Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Reply:

A total of R330,070 million has been spent up to 31 July 2019:

Financial Year

Expenditure

R’000

2018/19

244,573

2019/20 as at 31 July 2019

85,496

Total Spent

330,070

 

b) Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Supplier

Amount Paid

 

Supplier

Amount Paid

Business Furniture Solutions

R           194,062

 

Esizwe Group

451,030

Metro (Pty) Ltd

R          198,731

 

Mvula Computer Network

87,910

Ibhubesi

R              51,740

 

Konica Minolta

183,690

Tiso Black Star

1,824,436

 

Travel with Flair

445,517

Tina fusion

R                1,500

 

Government Printing Works

129,880

Krost Shelving

R              55,884

 

EMS

150,750

Elle Promotions

R              35,625

 

Exclusive Book

1,585

Perfect Transcribers

R                8,980

 

PC Palace

1,561

Accura

669,560

 

Buddulphus

14,933

Multimedia Xpress

816,172

 

Thfheembilu Suppliers

10,000

 

The names of suppliers paid by National Treasury on behalf of the State Capture Commission cannot be disclosed due to the secrecy and sensitivity of the activities performed by the Commission. The number of companies/ individuals and total paid todate is indicated in the table below:

No.

Services Provided

No of Service Provided

Amount Paid to date

1.

Digital Forensic Team

23

R38,208,176

2.

Core Investigation Team

10

R50,447,744

3.

Information Management Team

11

R14,816,571

4.

Research Hub

8

R5,283,458

5.

Digital Support Team

4

R642,437

6.

Investigation Team

45

R48,015,130

7.

Call Centre Team

3

R2,168,448

8.

Legal Centre

3

R545,000

Total Consultant Services

107

R160,126,964

9.

Communications & Software

3

R370,012,203

10

Substance & Travel Expenses

2

R243,178

11.

IT Consumable

1

R34,152

12.

Machinery & Equipment

1

R51, 944,472

13.

Security Services

1

R321, 793

Total other expenditure

8

R89,555,798

Total Expenditure to date

 

R249,682,762

Payments to Legal Counsel:

Counsel

No. Appointments

Amount Paid to date

Senior Counsel

5

R31 462, 788

Junior Counsel

7

R12, 738,305

Total

12

R42,201, 092,81

17 October 2019 - NW669

Profile picture: Sharif, Ms NK

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

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

Reply:

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

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

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

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

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

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

Regions

Number of Funded Vacancies

Eastern Cape

91

Free State

28

Gauteng

62

KZN

52

Limpopo

57

Mpumalanga

31

North West

47

Northern Cape

20

Western Cape

75

Grand Total

463

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

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

Table 1: Presiding Officers

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

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

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

Court

(a) Total number of current vacancies

(a) (i) Presiding officers

(a) (aa)Lower Courts in each province 

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

(b) (i) Details of the positions

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

Constitutional Court

1

1

0

1

Judge (x1)

20.08.2019

Supreme Court of Appeal

2

2

0

1

Judge (x2)

01.07.2019

22.07.2019

Northern Cape Division (Kimberley)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

18.09.2017

Eastern Cape Division (Grahamstown)

3

3

0

4

Judge (x3)

03.03.2017

01.06.2019

30.08.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Judge (x2)

22.12.2018

21.01.2019

Eastern Cape Local Division (Bhisho)

1

1

0

 

Judge (x1)

07.11.2017

Eastern Cape Local Division (Mthatha)

1

1

0

 

Judge(x1)

03.09.2018

Western Cape Division (Cape Town)

1

1

0

1

Judge (x1)

01.06.2018

North West Division (Mahikeng)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

16.04.2019

Free State Division (Bloemfontein)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

01.12.2018

28.07.2019

Gauteng Division (Pretoria)

4

4

0

2

Judge (x4)

02.01.2018

01.06.2018

16.06.2018

12.05.2019

Gauteng Local Division (Johannesburg)

3

3

0

 

Judge (x3)

01.08.2018

01.02.2019

10.06.2019

Limpopo Local Division (Thohoyandou)

0

0

0

2

n/a

n/a

Limpopo Division (Polokwane)

1

1

0

 

Deputy Judge President (x1)

01.06.2019

Mpumalanga Division (Nelspruit)

8

8

0

1

Deputy Judge President (x1)

Judge (x7)

21.12.2018

KwaZulu-Natal Division (Pietermaritzburg)

1

1

0

2

Judge (x1)

01.06.2019

KwaZulu-Natal Local Division (Durban)

0

0

0

 

n/a

n/a

Labour Court

2

2

0

4

Deputy Judge President (x1)

Judge (x1)

18.09.2017

21.05.2019

Total

36

36

0

21

36

n/a

 

Table 2: Court Officials

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

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

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

Court

(a) Total number of current vacancies

(a) (ii) Court Officials

(a) (aa)Lower Courts in each province 

(a) (bb) Higher Courts in each province

(b) (i) Details of the positions

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

Constitutional Court

4

4

0

1

Law Researcher (x2)

31.12.2018

28.02.2019

         

Judge’s Secretary (x 1)

28.02.2019

         

Security Officer (x1)

01.01.2019

Supreme Court of Appeal

6

6

0

1

Office Manager (x1)

01.01.2019

         

Assistant Director: Library Services (1)

31.12.2018

         

Deputy Director: Auxiliary Services (1)

14.12.2018

         

Librarian (1)

01.08.2019

         

Judge’s Secretary (x2)

02.07.2019

18.07.2019

Northern Cape Division (Kimberley)

3

3

0

1

Administration Clerks (Dcrs) (x1)

01.01.2019

         

Chief Registrar (x1)

01.01.2019

         

Senior Court Interpreter (x1)

31.03.2019

Eastern Cape Division (Grahamstown)

6

6

0

4

Administration Clerk (x2)

01.11.2018

           

01.07.2019

         

Chief Registrar (x1)

31.07.2019

         

Registrar (x1)

01.08.2019

         

Register’s Clerk (x1)

01.11.2018

         

Typist (x1

01.07.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Court Manager (x1)

01.06.2019

         

Judge’s Secretary (x1)

30.06.2019

Eastern Cape Local Division (Bhisho)

5

5

0

 

Administration Clerk (x1)

30.11.2018

         

Judge’s Secretary (x1)

30.06.2019

         

Messenger (x1)

01.04.2019

         

Senior Court Interpreter (x1)

01.04.2019

         

Statistical Officer (x1)

31.03.2019

Eastern Cape Local Division (Mthatha)

6

6

0

 

Administration Clerks (Dcrs) (x1)

06.01.2019

         

Registrar (x1)

31.12.2018

         

Registrar’s Clerk (x1)

31.03.2019

         

Telecom Operator (x1)

01.09.2018

         

Typist (x1)

31.05.2019

         

Usher Messenger ii (x1)

31.12.2018

Western Cape Division (Cape Town)

12

12

0

1

Administration Clerk (x1)

16.04.2019

         

Judge’s Secretary (x2)

31.07.2019

           

31.05.2019

         

Law Researcher (x1)

14.04.2019

         

Registrar (x3)

31.12.2018

           

01.01.2019

           

01.03.2019

         

Registrar’s Clerk (x1)

30.07.2019

         

Senior Court Interpreter (x1)

31.03.2019

         

Senior Foreman: Caretaking Services (x1)

31.05.2019

         

Usher Messenger ii (x2)

29.03.2019

           

30.06.2019

North West Division (Mahikeng)

8

8

0

1

Administrative Officer (x1)

28.02.2019

         

Court Interpreter Principal (x1)

31.01.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Librarian (x1)

31.07.2019

         

Registrar (x1)

01.01.2019

         

Chief Registrar (1)

30.11.2019

         

Registrar’s Clerk (x1)

30.04.2019

         

Registry Clerk (x1)

01.12.2018

Free State Division (Bloemfontein)

6

6

0

1

Administration Clerks (Dcrs) (x1)

10.06.2019

         

Judge’s Secretary (x1)

31.07.2019

         

Law Researcher (x1)

27.02.2019

         

Registrar (x2)

01.02.2019

           

01.11.2018

         

Registrar’s Clerk (x1)

31.07.2019

Gauteng Division (Pretoria)

14

14

0

2

Registrar Chief (x1)

31.05.2019

         

Administration Clerks (Dcrs) (x1)

01.06.2019

         

Judge’s Secretary (x4)

31.05.2019

           

31.05.2019

           

28.02.2019

           

01.05.2019

         

Library Assistant (x2)

31.03.2019

           

30.04.2019

         

Registrar (x1)

28.02.2019

         

Registrar’s Clerk (x1)

30.06.2019

         

Secretary (x1)

31.03.2019

         

Typist (x2)

17.06.2019

           

01.05.2019

         

Usher Messenger ii (x1)

11.02.2019

Gauteng Division (Johannesburg)

10

10

0

 

Administration Clerk (x1)

01.06.2019

         

Judge’s Secretary (x2)

01.05.2019

           

30.06.2019

         

Senior Court Interpreter

31.01.2019

         

Office Manager (x1)

01.05.2019

         

Registrar (x1)

01.07.2017

         

Registrar’s Clerk (x2)

30.04.2019

           

11.04.2019

         

Typist (x1)

02.04.2019

         

Typist Chief (x1)

31.12.2018

Limpopo Local Division (Thohoyandou)

2

2

0

2

Registrar’s Clerk (x1)

31.12.2018

         

Registrar

31.12.2019

Limpopo Division (Polokwane)

0

0

0

 

n/a

n/a

Mpumalanga Division (Nelspruit)

16

16

0

1

Office Manager (x1)

01.06.2018

         

Assistant Director: Administration (x1)

01.06.2018

         

Librarian (x1)

01.01.2019

         

Registrar (x2)

30.06.2019

           

31.07.2019

         

Registrar’s Clerk (x8)

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

         

Secretary (x1)

01.06.2018

         

Senior Court Interpreter (x1)

01.06.2018

         

Telecom Operator (x1)

27.06.2019

KwaZulu-Natal Division (Pietermaritzburg)

6

6

0

2

Court Interpreter Principal (x1)

01.12.2018

         

Data Capturer (x1)

01.08.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Registrar (x1)

10.12.2018

         

Senior Court Interpreter (x2)

01.06.2019

           

01.08.2019

KwaZulu-Natal Local Division (Durban)

11

11

0

 

Administration Clerk (x2)

01.03.2019

           

01.08.2019

         

Law Researcher (x1)

31.12.2018

         

Registrar’s Clerk (x3)

31.03.2019

           

01.01.2019

           

25.02.2019

         

Senior Court Interpreter (x1)

01.01.2019

         

Typist (x1)

30.04.2019

         

Usher Messenger ii (x3)

31.01.2019

           

01.02.2019

           

11.02.2019

Labour Court

13

13

0

4

Administration Clerk (x3)

01.08.2019

           

01.02.2019

           

11.02.2019

         

Deputy Director: Administration (x1)

01.07.2019

         

Food Service Aid ii (x1)

01.08.2019

         

Judge’s Secretary (x3)

01.03.2019

           

01.03.2019

           

31.01.2019

         

Usher/Messenger (x1)

01.03.2019

         

Registrar (x2)

01.12.2018

           

18.06.2019

         

Registrar’s Clerk (x2)

31.03.2019

           

31.05.2019

Total

130

130

0

21

130

 

 

17 October 2019 - NW782

Profile picture: Mulaudzi, Adv TE

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

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

Reply:

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

(aa) 2016/17: R16 698 783.73

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

(cc) 2018/19: R13 551 618.69

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

A. Entities

1. Legal Aid South Africa

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

(aa) 2016-2017: R5 161 672.00;

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

(cc) 2018-2019: R3 300 647.00

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

a) (i)

Company

Amount for three financial years

2016/17 - 2017/18

2016/17

2017/18

2017/18

South African Broadcast Corporation

R4 014 859.00

R935 404.00

R1 189 134.00

R1 890 321.00

Vuk’uzenzele (GCIS newspaper)

R46 153.00

R46 154.00

   

Page 82

R48 271.00

R48 271.00

   

Primedia Outdoor

R 887 346.00

R471 242.00

R363 204.00

R52 900.00

JC Decaux

R76 926.00

R76 926.00

   

Thabo Mphelo Films

R17 000.00

R17 000.00

   

VK Branding

R82 500.00

 

R82 500.00

 

Primedia Broadcast

R194 29.00

   

R194 299.00

Total

R5 367 355.00

R1 594 997.00

R1 634 838.00

R2 137 520.00

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

 

Financial Year

Amount spent on outdoor advertising (Overall)

Amount spent on outdoor advertising

(Black-Owned Media)

(aa)

2016/17

R587 913.00

R519 513.00

(bb)

2017/18

R1 331 713.00

R440 130.00

(cc)

2018/19

R1 471 769.00

R101 170.00

B. Special Investigating Unit (SIU)

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

(a) (ii) (aa) 2016-17 – R 329’886.00

(bb) 2017-18: R228’476.00

(cc) 2018-19: R729’009.00

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

ii) The SIU does not do any outdoor advertising.

C. National Prosecuting Authority (NPA)

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

 

2016/17

2017/18

2018/19

Advert: Marketing

R627 000.00

-

R34 431.00

Advert: Tenders

R776.96

R250.00

 

Total

R627 776.96

R250.00

R34 431.00

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

Financial Year

Supplier details

Amount

BEE Level

At Least 51% Black Owned

At Least 51% Black Woman Owned

At Least 51% Black Youth Owned

2016/17

GCIS

R627 000.00

Government Department

2016/17

Government Printing Works

R776.96

Government Department

2017/18

Government Printing Works

R250.00

Government Department

2018/19

African Directory Service

R34 431.00

1

Yes

No

No

Total

R662 457.96

       

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

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

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

 

2016/17

2017/18

2018/19

No

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

1

Basadzi Personnel CC

(Advert Recruitment)

R94 017.09

Amcomms The-Can-Do Company

(Advert Recruitment)

R152 152.20

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R208 612.31

2

Harriet Dimakatso Multimedia

(Advert Recruitment)

R41 372.43

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R29 464.84

Hermes Communications Solutions

(Advert Recruitment)

R20 645.15

3

Letsatsi Konnexion Centre

(Advert Promotional Items)

R 92 000.00

Hermes Communications Solutions

(Advert Recruitment)

R52 488.79

Kone Staffing Solutions

(Advert Recruitment)

R155 230.91

4

Magauta Recruitment & Placement

(Advert Tenders)

R13 520.40

Indaba Global Travel

(Advert Promotional Items)

R81 106.18

Magauta Recruitment and Placement

(Advert Recruitment)

R123 744.60

5

Pagliari

(Advert Promotional Items)

R36 519.90

Jackstar Traders

(Advert Recruitment)

R84 896.02

Moshate Media

(Advert Recruitment)

R328 426.47

6

SPS Advertising and Marketing

(Advert Promotional Items)

R182 216.46

KNTE (PTY) (LTD)

(Advert Promotional Items)

R57 548.00

Seriti Printing Digital

(Advert Promotional Items)

R6 848.22

7

Human Communications

(Advert Recruitment)

R30 408.73

Kone Staffing Solutions

(Advert Recruitment)

R80 798.64

SPS Advertising and Marketing

(Advert Promotional Items)

R55 165.50

8

Leopard Rock Office Supplies

(Advert Promotional Items)

R348 344.96

Magauta Recruitment and Placement

(Advert Recruitment) & (Advert Marketing)

R193 594.80

Core Marketing Solutions

(Advert Promotional Items)

R283 974.68

9

Madiba Promotions

(Advert Boards)

R8 977.50

Phaahlana-Mahlako Media Printing

(Advert Promotional Items)

R181 490.40

Human Communications

(Advert Recruitment) & (Advert Tenders)

R74 455.43

10

M R G Graphics

(Advert Marketing)

R81 777.44

African Directory Services

(Advert Promotional Items)

R11 397.15

Madiba Promotions

(Advert Promotional Items)

R272 688.00

11

   

Human Communications

(Advert Recruitment)

R34 992.43

Seriti Printing Digital

(Advert Promotional Items)

R7 127.73

12

   

Shaneal Distributors

(Advert Promotional Items)

R1 500.00

Jetline Midrand

(Advert Promotional Items)

R20 261.88

13

   

Highbury Media

(Advert Marketing)

R3 418.86

   

14

   

Kaqala Media

(Advert Marketing)

R71 250.00

   

Total

10

R1 066 871

14

R1 702 403

12

R1 724 150

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

17 October 2019 - NW831

Profile picture: Lorimer, Ms K

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

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

Reply:

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

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

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

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

FINANCIAL YEAR

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

TOTAL VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

2016/17

26

1

27

96,3%

39

2017/18

95

7

102

93,1%

153

2018/19

62

3

65

95,4%

97

2019/20

16

0

16

100,0%

25

Grand Total

199

11

210

94,8%

314

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

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

DIVISION

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

Eastern Cape Division

1

0

1

100,0%

3

Eastern Cape Division - Mthatha

0

0

0

0.0%

0

Free State Division

1

0

1

100,0%

1

Gauteng Division: Provincial

8

2

10

80,0%

14

Gauteng Local Division

22

2

24

91,7%

34

Kwa-Zulu Natal Division

17

2

19

89,5%

25

Limpopo Division

31

1

32

96,9%

49

Mpumalanga Division

101

0

101

100,0%

160

Northern Cape Division

1

1

2

50,0%

0

North West Division

14

3

17

82,4%

25

Western Cape Division

3

0

3

100,0%

3

Grand

199

11

210

94,8%

314

17 October 2019 - NW874

Profile picture: Powell, Ms EL

Powell, Ms EL to ask the Minister of Justice and Correctional Services

(a) What is the current status of the investigation by the Special Investigating Unit into the R3,5 billion bulk water supply tender to address the water situation in Giyani, Limpopo, and (b) by what date does he expect the (i) specified investigation to be concluded and (ii) findings of the investigation to be made public?

Reply:

a) I am informed by the Special Investigating Unit Head that the Special Investigating Unit (SIU) has presented an Interim Report to the Presidency on 31 October 2018 setting out the findings thus far in relation to Proclamation No. R22 of 2016. The SIU has also already taken civil action against the service providers, per Notice of Motion. The Application was issued on 26 November 2018 out of the Limpopo Division of the High Court, Polokwane. The SIU is seeking to have the appointment of LTE Consulting (Pty) Ltd and contract awarded, declared unlawful and invalid ab initio, and set aside by a court of law.

Furthermore, the SIU is seeking that the court grants an order which is just and equitable. The value of the contract is approximately R2,5 billion. The litigation is ongoing.

In addition to the civil action taken by the SIU, the SIU has also referred evidence in two criminal matters to the National Prosecuting Authority against two officials at the Lepelle Northern Water (LNW) Agency. Disciplinary referrals in respect of these two officials were also handed to the then Chairperson of the LNW Board. A further outcome was the referral of evidence to the Construction and Industry Development Board (CIDB) relating to a contravention of the CIDB Act.

b) (i) The SIU is conducting a value for money investigation which is ongoing. In addition to this, the scope of the SIU's investigation has been increased by the extension of the proclamation to include further allegations of maladministration and corruption related to this tender.

(ii) The SIU will, in terms of its legislation, present its findings to the President in the final Presidential Report. It will then be the President's discretion to make a decision whether to or not release the report.

17 October 2019 - NW883

Profile picture: Wessels, Mr W

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

Whether, with reference to the reply of the former Minister to question 3669 on 11 December 2018, the backlog in the Pretoria offices of the Master of the High Court has been cleared; if not, (a) why not, and (b) by what date is it expected to be cleared; 2) Whether he will make a statement on the matter?

Reply:

1(a) Currently, the Office of the Master of the High Court, Pretoria has a backlog in respect of Trusts. The reason is that since January 2019, it has been ascertained that 45 000 Trust files are missing. This has been caused by a storm that occurred when the files were still stored at Docufile and the roof of the facility was blown off which left many files being destroyed. The office, after removal of the files to Metrofile, has established a new database, and after diligent searches in the office, has now indicated that approximately 45 000 files are unaccounted for. This has also led to a backlog as dummy files need to be opened. However, this is exacerbated by the fact that before 2013, files were not kept on an automated system and clients do not have copies of all documents to open dummy files.

(b) The office, together with stakeholders, is trying their utmost best to address this backlog, and will be working overtime in the next three (3) months.

2. No.

17 October 2019 - NW948

Profile picture: Lorimer, Ms K

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

(a) What number of vacancies currently exist at the Master of the High Court in Johannesburg, (b) which positions are vacant and (c) how long has each position been vacant; 2) whether the Master of the High Court uses a biometric system to clock working hours of the staff; if not, why not; if so, is the system operational; 3) what are the daily working hours of the staff of the Master of the High Court; 4) (a) what number of (i) files did the Master of the High Court lose in each of the past five years and since 1 January 2019 and (ii) dummy files are currently open and (b) why are all files not tracked manually and/or electronically; 5) What number of staff members of the Master of the High Court (a) faced disciplinary action for non-performance in each of the past five years and since 1 January 2019 and (b) have been dismissed as a consequence?

Reply:

1) (a) The number of vacant posts which exist in the office of the Master in Johannesburg is 3.

(b) The following positions are vacant: 1 x Librarian post; 1 x Estate Controller post and 1 x Senior Provisioning Administration Officer post.

(c) These positions have been vacant as follows:

Librarian post since 1 April 2019;

Estate Controller since 1 May 2019; and

Senior Provisioning Administration Officer since 1 May 2019. All 3 (three) posts have been advertised and are in the process of being filled.

2. The Master, Johannesburg had a biometric system in place to clock working hours, however the system has not been operational for the past 3 years due to the fact that when it was installed, it was running on the network and the office was advised by the Department’s IT division to remove it from the network system as it was affecting the network speed.

For the system to operate functionally, it is necessary to install a separate CPU. This is however costly and budget constraints do now allow for it in the current financial environment. The office has started the process of procuring a new system which will be able to carry the office capacity and it budget allows, it will be installed in the 2020/2021 financial year.

3. The daily working hours for the office of the Master of the High Court Johannesburg is 07h45 to 16h15. However, the office assists members of the public until 13h00 in order for the office to attend to processing clients who are still waiting to be attended to, and to allow the office to perform other administrative duties such as attending to new correspondence, filing, drawing of posts and the examination of liquidation and distribution accounts. These activities cannot be attended to during the day and during the time officials have to attend to the clients or members of the public.

However, no client is sent away if urgent assistance is needed after 13h00.

4. The Master of the High Court Johannesburg does not keep record of the number of files that have gone lost for the past five years, nor of the dummy files opened. Each section decides how best it can dispose of the matter when a file cannot be located for a period of not less than two weeks and depending on the urgency of the matter. However, ordinarily the office does not encourage the opening of dummy files unnecessarily. The manual system of tracking files in the office has proved to be inadequate and during the period 2010/2011, the office investigated the possibility of introducing an electronic system of tracking the files, but this was costly to implement. The office has once again embarked on keeping proper manual registers.

5. There is no official in the office of the Master of the High Court, Johannesburg which has (a) faced disciplinary action for non-performance in each of the past five years and since 01 January 2019 (b) nor is there anyone who has been dismissed as a consequence thereof.

17 October 2019 - NW1015

Profile picture: Selfe, Mr J

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

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

Reply:

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

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

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

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

17 October 2019 - NW1049

Profile picture: Hendricks, Mr MGE

Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

(1) what progress has been made to give effect to the Constitutional Court ruling which ordered an amendment to section 136 (1) of the Correctional Services Act, Act 111 of 1998, to allow a parole period for inmates to start from the day of the commission of a crime instead of the date of sentencing. (2)whether the amendment will meet the deadline given that there are only 18 months left to comply with the ruling of the court?

Reply:

1. A process to consider qualifying offenders for possible placement on parole in line with the Phaahla judgement was initiated in June 2019. Offenders who qualify are identified and prepared for consideration ensuring that their consideration date is advanced according to different categories of sentences.

The policy provides that all offenders are subjected to the necessary interventions and rehabilitation programmes in line with their Correctional Sentence Plan (CSP). Qualifying offenders will be considered when they become due for consideration for placement, as not all of them qualify immediately and at the same time.

2. It must be noted that the judgement does not state as indicated in paragraph (1) of the question, in fact the judgement says the parole regime applicable at the time of commissioning the offence shall be applicable to determine when an offender shall become eligible for the first time to be considered for placement on parole. The process of amending section 136 (1) of the Correctional Services Act of 111 of 1998 has been initiated and the department will do its utmost to comply with deadline.

15 October 2019 - NW483

Profile picture: Selfe, Mr J

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

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

Reply:

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

(2) (a) and (b)

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

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

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

15 October 2019 - NW579

Profile picture: Mulaudzi, Adv TE

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

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

Reply:

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

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

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

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

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

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

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

3. Not applicable.

15 October 2019 - NW445

Profile picture: Mulder, Dr CP

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

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

Reply:

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

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

ACCREDITED: OFFENDER TRAINING FACILITIES AND WORKPLACES

Region

Management Area/ Correctional Centre

Name of accredited Programme

Date of accreditation

Name of SETA

Gauteng

Gauteng

Boksburg Steel Workshop

Welding Application and Practice

15/01/2015

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

 

Boksburg Wood Workshop

Furniture Making: Wood

15/01/2015

Fibre Processing & Manufacturing SETA

(FP&M SETA)

 

Kgoši Mampuru II

Welding Application and Practice

26/10/2016

MERSETA

   

Automotive Repair and Maintenance

15/01/2015

MERSETA

   

Furniture Making: Wood

11/04/2018

FP&M SETA

Free State/ Northern Cape

Tswelopele Motor Mechanic Workshop

Automotive Repair and Maintenance

10/12/2015

MERSETA

Kwa-Zulu Natal

Durban Westville Textile Workshop

Textile

05/05/2016

FP&M SETA

 

Pietermaritzburg

Welding Application and Practice

14/06/2017

MERSETA

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

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

11 October 2019 - NW864

Profile picture: Mhlongo, Mr P

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

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

Reply:

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

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

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

11 October 2019 - NW872

Profile picture: Horn, Mr W

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

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

Reply:

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

WHY NOT:

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

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

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

Category

Number of cases

Amounts involved

Action Taken

No Shows

9

R17 486.29

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

 

3

R4 644.09

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

AFU curator fees

(Possible fruitless expenditure)

-

R47 325 577.49

Still under investigation

11 October 2019 - NW760

Profile picture: Chetty, Mr M

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

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

Reply:

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

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

Main Cost Drivers

Expenditure for the 2018/19 financial year

Expenditure for the 2019/20 financial year

Compensation of Employees

R 5 176 581

R 9 494 875

Goods and Services

R 1 211 827

R 7 898 568

Machinery and Equipment

R 644 596

R 267 837

Total PIC Commission

R 7 033 004

R 17 661 280

16 September 2019 - NW709

Profile picture: Chetty, Mr M

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

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

Reply:

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

Financial Year

Expenditure

             R’000

2018/19

244 573

2019/20 As at 31 August 2019

111 553

Total Spent

356 127

 

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

 

16 September 2019 - NW727

Profile picture: Malatsi, Mr MS

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

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

Reply:

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

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

Economic Classification

Expenditure 2018/19

Expenditure 2019/20

Compensation of Employees

R205 838

-

Goods and Services (Legal Advisory Services)

R6 908 582

R991 692

Machinery and Equipment

-

-

Total SARS Commission

R7 114 421

R991 692

13 September 2019 - NW476

Profile picture: Breytenbach, Adv G

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

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

Reply:

I have been informed by the NDPP as follows:

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

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

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

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

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

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

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

13 September 2019 - NW668

Profile picture: Sharif, Ms NK

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

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

Reply:

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

Financial Years

2014/15

2015/16

2016/17

2017/18

2018/19

Number of cases (prosecutions) finalised including ADRM

National

503 463

477 802

505 376

494 815

425 778

District Courts

465 834

442 371

470 055

460 598

394 335

Regional Courts

36 651

34 419

34 257

33 246

30 477

High Courts

978

1 012

1 064

971

966

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

National

319 149

310 850

341 360

335 161

276 309

District Courts

284 741

278 006

308 688

303 353

247 342

Regional Courts

33 430

31 832

31 608

30 837

28 001

High Courts

978

1 012

1 064

971

966

Number of Convictions

National

294 608

289 245

321 190

317 475

260 456

District Courts

268 127

263 377

295 013

291 609

236 705

Regional Courts

25 591

24 958

25 209

24 976

22 882

High Courts

890

910

968

890

869

13 September 2019 - NW620

Profile picture: Mulaudzi, Adv TE

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

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

Reply:

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

A. Department of Justice and Constitutional Development

(aa) Cleaning

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

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

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

(bb) Security Services

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

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

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

 

GUARDING SERVICES

SERVICE PROVIDER

2017/18 AMOUNT PAID (R'000)

2018/19 AMOUNT PAID (R'000)

TOTAL PAID (R'000)

Tyeks Security Services

10 186

10 187

20 373

Mabotwane Security Services

99 208

71 329

170 537

Fidelity Security Services

221 963

225 565

447 528

Mcc Security Services

75 163

108 679

183 843

Jackcliffy Trading

115 770

120 118

235 888

Tshedza Protective Service

43 133

39 719

82 853

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

0

534

534

Total

565 424

576 131

1 141 555

CASH IN TRANSIT

SERVICE PROVIDER

2017/18 AMOUNT PAID (R'000)

2018/19 AMOUNT PAID (R'000)

TOTAL PAID (R'000)

Fidelity Cash Solutions

22 996

19 558

42 553

Office Of The Chief Justice

542

0

542

Total

23 538

19 558

43 096

MAINTENANCE AND REPAIRS EXPENDITURE

SERVICE PROVIDER

2017/18 AMOUNT PAID R'000

2018/19 AMOUNT PAID R'000

TOTAL PAID R'000

Global Technology Systems

94 097

121 177

215 274

Isecure Digital

1 723

1 736

3 459

R And D Screening Technologies

447

0

447

Mutual Safe & Security

5

0

5

Smiles Keycraft

1

0

1

Sysman Public Safety Systems

4

0

4

Total

96 277

122 913

219 190

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

685 239

718 602

1 403 840

B. National Prosecuting Authority

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

2017/18

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

2018/19

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

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

C. Special Investigation Unit

a) The SIU has spent as follows:

No.

Description

2017/18

2018/19

(aa)

Cleaning Services

R1 502 063.18

R1 414 797.04

(bb)

Security Services

R320 888.45

R547 076.24

(cc)

Gardening Services

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

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

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

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

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

D. Legal Aid South Africa

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

Total amounts paid to each of the service providers:

No.

Description

2017/18

2018/19

(aa)

Cleaning Services

R7 651 319

R8 459 042

(bb)

Security Services

R2 198 512

R2 342 609

(cc)

Gardening Services

No costs were incurred for gardening services.

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

E. The Office of the Chief Justice

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

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

13 September 2019 - NW746

Profile picture: Gumbi, Mr HS

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

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

Reply:

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

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

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

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

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

2. There were no gifts distributed to the guests.

13 September 2019 - NW365

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

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

Reply:

We wish to reply to the Honourable Member as follows:

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

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

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

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

26 August 2019 - NW345

Profile picture: Matiase, Mr NS

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

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

Reply:

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

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

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

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

1. ABSA vs Mokebe

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

2. Std. Bank vs Hendricks

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