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01 October 2020 - NW457

Profile picture: Mulder, Mr FJ

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

(1)On what grounds was parole granted to Theo Jackson and Willem Oosthuizen in the case commonly known as the coffin case; (2) What legal provisions did he and/or his department rely upon when the parole for each person was subsequently revoked; (3) What legal provisions may his department rely upon to revoke a person’s parole when parole conditions were not violated; (4) Whether he will make a statement on the matter?

Reply:

1. The Witbank Parole Board granted offenders parole on the following grounds:

2. 

(i)Willem Oosthuizen

The offender has no previous conviction and has one disciplinary offence recorded against him. He underwent Anger Management and Cross Roads (life Skills) programmes and he also completed Human Resources Management N4. He qualified for twelve (12) months special remission of sentence and his support system is positive and suitable for parole requirements.

In addition, the offender was subjected to a compulsory pre-release programme and taking of DNA buccal sample. Parole was approved for
05 March 2020 to 26 October 2021.

(ii) Mr Theo Jackson

The offenderhas no disciplinary offence and no previous conviction recorded against him. He underwent Anger Management and Life Skills programmes and he also completed vegetables and plant production skills courses. He benefitted twelve (12) months special remission of sentenceand his support system is positive and suitable for parole requirements.

The offender was subjected to a compulsory pre-release programme and taking of DNA buccal sample.Parole was approved for 27 February 2020 to 26 October 2021.

However, it became apparent that placement on parole of these offenders was approved without their Correctional Sentence Plans being fully implemented as the Parole Board indicated that the offenders can do Victim Offender Dialogue at Community Corrections.

3. The decision of the Witbank Parole Board was referred to the Correctional Supervision and Parole Review Board (Review Board) in accordance with section 75(8) of the Correctional Services Act, 1998 (Act No. 111 of 1998) and this meant that the decision of the Witbank Parole Board was suspended pending the decision of the Review Board. Section 75(8) provides as follows:

(8) A decision of the Board is final except that the Minister, the National Commissioner or the Inspecting Judge may refer the matter to the Correctional Supervision and Parole Review Board for reconsideration, in which case—

(a) the decision of the Board is suspended pending the outcome of the decision of the Correctional Supervision and Parole Review Board; and

The decision of the Witbank Parole Board was referred to the Review Board because Restorative Justice process was not held between the offenders and the victim as prescribed by their Correctional Sentence Plans and that the victim was not given a chance to make representations to the Witbank Parole Board in line with section 75(4) of Act 111 of 1998 read with section 299A of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

Parole placement was not revoked due to the fact that the offenders had violated parole conditions but it was revoked because the decision of the Witbank Parole Board in respect of these offenders was referred to the Review Board in line with section 75(8) of Act No. 111 of 1998.

A parolee remains a sentenced offender and parole is a privilege and not right that an offender can lay claim to.

4. No

END

25 September 2020 - NW1902

Profile picture: Mente-Nqweniso, Ms NV

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

What number (a) of litigation matters with regard to forced and/or coerced sterilisation have the National Prosecuting Authority dealt with in the period 1 January 1996 and 31 December 2019 and (b)(i) of the specified matters were settled out of court and (ii) what did the specified settlements entail; (2) what number of (a) non-disclosure agreements were signed in relation to the out-of-court settlements and (b) these cases were finalised in court; (3) whether any damages were awarded to complainants; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The National Prosecuting Authority (NPA) does not keep statistics/data on forced or coerced sterilisations on its integrated case management system. It should be noted that litigation arising from such forced or coerced sterilisations would normally be civil litigation matters, between the parties, as is the case with similar claims for medical negligence or medical malpractice, with corresponding claims for damages.

Claims for damages would be based on the fact that for a person to undergo the process of sterilisation, informed consent ought to be obtained. Using force or any other form of coercion is prohibited and amounts to a violation of a person’s human rights.

2. The NPA does not monitor or keep statistics on civil litigation matters and therefore it is not the appropriate institution to provide the requested information.

3. As mentioned, the NPA does not monitor or keep civil litigation statistics. However, in order to assist, it should be noted that the Commission for Gender Equality (CGE) recently released its Report on the Forced Sterilisation of Women Living with HIV/AIDS in South Africa (Complaint Ref No: 414/03/2015/KZN). In the report, the CGE makes a number of recommendations, including further engagements with the Health Professions Council of South Africa (HPCSA) and the Department of Health. The CGE has also stated that it will present its report to the South African Law Reform Commission (SALRC) for possible amendments to legislation. The SALRC has indicated that it has not as yet received the CGE Report in this regard. The Department of Justice and Constitution Development will follow-up with the SALRC once the report reaches the SALRC.

21 September 2020 - NW1871

Profile picture: Mofokeng, Ms JM

Mofokeng, Ms JM to ask the Minister of Justice and Correctional Services

Regarding the legislation which will be dealing with gender-based violence and femicide (GBVF)(details furnished), what (a) progress has his department made with regard to drafting the legislation and (b) will be the classification of GBVF in the Schedule?

Reply:

a) In September 2019, President Ramaphosa announced a 5-point emergency plan to tackle gender-based violence and one of the key elements is enhancing the legal framework in order to strengthen the response of the State to GBV.

With this in mind, Department of Justice and Constitutional Development is intensifying the fight against GBV and femicide and have prepared three pieces of draft legislation. The three Bills were approved by Cabinet on the 5th of August and will be introduced into Parliament soon.

The Bills are aimed at amending a number of Acts to prevent and combat GBV and offences committed against vulnerable persons, and to provide for additional procedures to reduce secondary victimisation of vulnerable persons in court proceedings. These Bills are -

1. The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill:

This Bill seeks to give further effect to the 5-point emergency plan by, amongst others, introducing a new offence of sexual intimidation.

Currently the law provides that there is an obligation to report to the police the commission of a sexual offence against a child or a person who is mentally disabled. A person who has “knowledge” that a sexual offence was committed against a child must immediately report such knowledge. On the other hand, a person who has “knowledge, reasonable belief or suspicion” that a sexual offence was committed against a person who is mentally disabled must immediately report it to the police. The Bill now aims to ensure that the reporting duty is the same in respect of both groups.

With regards to the National Register for Sex Offenders (“the NRSO”), the law currently provides that the particulars of persons who have been convicted of sexual offences against children and persons who are mentally disabled, are to be registered on the NRSO and it prohibits persons whose particulars are on the NRSO from working with or having access to children or persons who are mentally disabled.

The Bill expands the scope of the NRSO to include the particulars of all sex offenders, in other words not only sex offenders against children and persons who are mentally disabled. It expands the ambit to include other vulnerable persons, such as female persons between the ages of 18 and 25, persons with disabilities and persons who are 60 years of age or older who, for example, receive community based care and support services.

It also makes provision for certain particulars of persons who have been convicted of sexual offences to be made publicly available and increases the periods for which sex offenders’ particulars must remain on the NRSO before they can be removed.

2. The Domestic Violence Amendment Bill

In 1999 the Domestic Violence Act was lauded as a progressive tool in the armoury against the abuse of women, but since then challenges relating to implementation of the Act have been identified.

This Amendment Bill will amend the Domestic Violence Act, in order to address practical challenges, gaps and anomalies which have been identified in practice during the implementation of the Act. It aims to optimise collaboration between relevant functionaries to streamline the provision of services to survivors. Interventions included in the Bill are the mandatory reporting of cases of domestic violence, screening, counseling, a referral to suitable shelters and the provision of medical treatment.

It also introduces electronic applications for protection orders which will allow for applications for protection orders to be made outside of ordinary court hours, thereby giving complainants of domestic violence speedy relief.

It also extends the protection for domestic violence to the elderly, places a duty on anyone who is aware that an act of domestic violence has been committed to report it, provides for mandatory arrest and prosecution where there is physical violence or a weapon is used, and increases the penalties for convictions for offences emanating from domestic violence.

Alcohol abuse fuels domestic violence. The Amendment Bill obliges a court to order the seizure of any weapon, recognises the role that alcohol plays in violence and enables the court to hold an enquiry whereby a perpetrator can be referred for treatment. It further aligns itself with mirror provisions in the Protection from Harassment Act.

3. The Criminal and Related Matters Amendment Bill:

This Amendment Bill seeks to amend numerous Acts intended to address GBV and offences committed against vulnerable persons and aims to reduce secondary victimization of vulnerable persons in court proceedings.


Currently, the intermediary service is available to a child witness or complainant in criminal proceedings. The intermediary service is currently not available to any other witness or complainant who may be exposed to similar undue mental stress or trauma. The proposed new amendments aim to extend the intermediary service.

It provides that a presiding judicial officer may appoint an intermediary in order to enable a witness under the biological or mental age of eighteen years, a witness who suffers from a physical, psychological, mental or emotional condition, or a witness who is an older person to give their evidence through that intermediary, if it appears to the court that the proceedings would expose the witness to undue stress, trauma or suffering if he or she testifies.

The Bill further provides that in respect of an offence against a person in a domestic relationship an accused may not be released on bail before his or her first appearance in a lower court. The definition of a "domestic relationship" is wide and provides for many different types of relationships.

The Bill further tightens up provisions relating to the granting of bail in respect of such offences, the placement of a person who has been sentenced in respect of such offences on parole, the powers of the State to appeal inadequate sentences that are imposed for such offences, the ability of the SAPS to arrest, the prescribed discretionary minimum sentences that may be imposed for such offences, and the protection of victims of such offences against victimisation during legal proceedings.

b) GBV comes in different forms, depending on the circumstances of each case. It can therefore take the form of various different offences, such as assault, assault with the intent to do grievous bodily harm, attempted murder, intimidation, stalking, various sexual offences and so forth. The different offences will therefore fall under different Schedules in the legislation.

What is important to note is that the Criminal and Related Matters Amendment Bill aims to ensure that the discretionary minimum sentences dispensation would apply, amongst others, to the offences of murder, where the death of the victim resulted from physical or sexual abuse as contemplated in the definition of “domestic violence”.

21 September 2020 - NW1093

Profile picture: Breytenbach, Adv G

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

What is the current status of the special Covid-19 Anti-Corruption unit; (2) whether the specified unit has been set up; if not, why not; if so, (a) to whom does it report and (b) what number of cases are currently under investigation and/or being prosecuted?

Reply:

1. No dedicated COVID-19 Anti-Corruption Unit has been established.

2. Instead, the President has requested the Justice, Crime Prevention and Security (JCPS) Cluster to consider establishing measures through which corruption emanating from COVID-19, both in terms of procurement as well as the implementation of the COVID-19 stimulus package announced by the President, could be dealt with.

a) The NatJoints Command Centre which comprises Directors-General in the Security Cluster and the Directors-General from other Departments directly affected by COVID-19, including National Treasury, have discussed measures meant to prioritize measures aimed at COVID-19 Anti-Corruption cases. The coordination is done through the Anti-Corruption Task Team (ACTT).

The Special Investigating Unit (SIU), the Financial Intelligence Centre and the National Prosecuting Authority, are members of the ACTT.

b) In addition, the SIU has requested that the President issue a Proclamation to enable the SIU to investigate COVID-19 related corruption.

It can therefore be deduced from the work under way that the existing law enforcement agencies have the ability and the competence to deal with COVID-19 related corruption.

Therefore, there is no compelling reason for the establishment of a Special COVID-19 Anti-Corruption Unit at this stage.

21 September 2020 - NW1879

Profile picture: Maseko-Jele, Ms NH

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

In order to address the issue of secondary victimisation, how will his department streamline and centralise reporting, investigative and court processes between the SA Police Service, the National Prosecuting Authority and judiciary so as to avoid repetitive statement-taking from the victim?

Reply:

Every effort is made to minimize and prevent any secondary trauma of the victim and a number of procedures and measures are in place to prevent this.

However, whilst the prosecution guard against additional statements from the same witness, in some instances there may be a need for supplementary statements to be provided and filed in the relevant police docket. This is to ensure that a comprehensive and detailed investigated docket and trial-ready case is put forward for prosecution where a prima facie case exists.

All relevant stakeholders in relation to Gender-based Violence and Femicide (GBVF) matters – such as for the South African Police Service in respect to investigations, Department of Social Development and non-governmental organisations on trauma containment services, the Department of Health regarding forensic medical examinations, National Prosecuting Authority as the prosecution, and the judiciary – all play a crucial collective role towards enhancing a victim-centric approach and minimising secondary victimisation.

The following initiatives, as implemented by the NPA, play a specific role towards minimizing any secondary victimization and ensuring a victim-centric approach in improving service delivery and support to victims of GBV:

The Thuthuzela Care Centres (TCCs) have specifically been established as a mechanism to minimize secondary victimization, as the objective of the TCC model is to provide all related services (medical, psycho-social, statement taking, follow-up services) at a 24-hour One Stop Centre. There are currently 55 TCC-sites nationally, with six (6) additional sites in the process of being added to the list.

Measures such as quality trauma containment assistance to victims, forensic medical examinations, specifically designed court preparation programmes to collectively increase the quality of prosecutions and achieve higher conviction rates all play a role.

 

The current court preparation model provides essential services to all witnesses to appear in courts, and 50% of their focus is specifically on victims of sexual offences.

In addition, the NPA Sexual Offences and Community Affairs (SOCA) Unit has developed a comprehensive training module (as part of the advanced sexual offences training curriculum) dealing with all related aspects on social context sensitivity awareness in a prosecutorial decision-making environment. The training manual specifically includes a module on secondary victimisation, its possible impact and how prosecutors should avoid it in GBVF matters.

Our dedicated Sexual Offences Courts make use of a number of interventions to reduce secondary trauma for victims, such as preparation services, pre-and post-trial trauma debriefing services, intermediary services, private testifying room/closed court services (via a closed-circuit TV system) and private waiting rooms for adult and child victims.

The aforementioned initiatives and activities are specifically aimed at constantly improving service delivery, which includes minimising any secondary victimization.

The recently promulgated Regulations give further impetus to section 55A of the Sexual Offences Act, 2007 and provide for the required facilities, devices, equipment, and services that these courts have to offer to be a designated Sexual Offences Court. All these measures are aimed at reducing secondary victimization.

In addition thereto, we are pleased to inform this House that three new Bills pertaining to preventing and combating GBV have recently been approved by Cabinet for introduction into Parliament and these Bills, once passed, will go a long way in further reducing and preventing secondary victimization.

21 September 2020 - NW1878

Profile picture: Mofokeng, Ms JM

Mofokeng, Ms JM to ask the Minister of Justice and Correctional Services:

What (a) total number of criminal cases were included in the backlogged court roll on 14 August 2020 and (b) are the relevant details of his department’s plans to deal with the backlog?

Reply:

a) According to our records, the number and percentage of backlog cases in the District and Regional Magistrates’ Courts as at the end of July 2020. It is to be noted that the total percentage (%) of backlog cases in the District Courts stands at 39% whereas the percentage in the Regional Courts stands at 75%.

The tables below provide details of the cases on the court roll exceeding nine (9) months from end of July 2020 in District and Regional Courts:

District Courts

Admin Region

Backlog

Outstanding

% Backlog

Administrative Region 05 (Gauteng) Pretoria

8 44

2 537

33%

Administrative Region 05A (Gauteng) Johannesburg

7229

20 546

35%

Administrative Region 08 (Mpumalanga) Nelspruit

3 336

9 608

35%

Administrative Region 09 (North West) Mmabatho

2 955

7 204

41%

Administrative Region 1 (Eastern Cape A) Port Elizabeth

7 133

15 513

46%

Administrative Region 10 (Northern Cape) Kimberley

1 178

3 988

30%

Administrative Region 11 (Limpopo) Polokwane

4 719

11 986

39%

Administrative Region 12 (Western Cape A) Cape Town

6 124

12 300

50%

Administrative Region 13 (Western Cape B) Wynberg

8 599

18 699

46%

Administrative Region 2 (Eastern Cape B) Mthatha

3 730

7 786

48%

Administrative Region 3 (Free State A) Bloemfontein

1 412

4 578

31%

Administrative Region 4 (Free State B) Welkom

830

3 780

22%

Administrative Region 6 (KwaZulu Natal A) Durban

5 430

17 314

31%

Administrative Region 7 (KwaZulu Natal B) Pietermaritzburg

2 439

7 991

31%

Grand Total

55 958

143 830

39%

Regional Courts

Region

Backlog

Open

% Backlog

Eastern Cape

5 172

6 135

84%

Free State

1 827

2 881

63%

Gauteng

7 233

11 525

63%

KwaZulu Natal

5 103

6 415

80%

Limpopo

2 563

3 067

84%

Mpumalanga

2 424

3 042

80%

North West

2 698

3 155

86%

Northern Cape

1 014

1 516

67%

Western Cape

6 661

8 342

80%

Grand Total

34 695

46 078

75%

b) The Covid-19 context has posed many challenges for court efficiency with 268 courts having to close down, as at end of July 2020, for days at a time for decontamination when one (1) or more positive COVID-19 cases are detected, leading to self-isolation and/or self–quarantine for a period of time. Due to an increase in the number of positive COVID-19 cases, some of the courts had to close more than once. The same challenges are being equally experienced by the National Prosecuting Authority (NPA), South African Police Service (SAPS) and Legal Aid South Africa (SA). It must be understood that ‘business as usual’ has not been possible since the declaration of the State of Disaster due to the Covid-19 pandemic. However, the Department has sought to optimize court efficiency in order to reduce the number of backlog criminal cases. Engagements with the Lower Court Judicial Forums, Regional Court Heads, NPA, Legal Aid SA, SAPS, and Department of Correctional Services have taken place to identify and resolve blockages impeding the processing of criminal cases. These engagements have been formalized under the leadership of the Deputy Minister of Justice and Constitutional Development, and will continue to take place on a frequent basis.

Projects are underway to facilitate court processes through digitalization, and many of these are at a developed stage which will soon proceed to roll-out. Protocols have been developed to ensure that courts operate as optimally as possible in the current Covid-19 context, and these include guidance on when and for how long court closures should take place.

A national plan to manage these backlogs is in the process of being developed in order to address the backlog.

21 September 2020 - NW1870

Profile picture: Newhoudt-Druchen, Dr WS

Newhoudt-Druchen, Dr WS to ask the Minister of Justice and Correctional Services

What assistance is being given to child victims of sexual abuse?

Reply:

The Department of Justice and Constitutional Development offers assistance to child victims of sexual violence in a number of ways.

Over the years, the justice system has moved towards an approach tailored to prevent and minimize any further hardships and trauma often encountered by child victims of sex crimes when seeking redress for violation of their rights.

Since 2013, the Department has been establishing Sexual Offences Courts founded on a best practice model that offers a wide range of child support services. This model seeks to give children a court experience that is age-appropriate, caring, and responsive to their needs for dignity, respect and privacy.

In line with the 2019 Presidential Summit Declaration against Gender-based Violence and Femicide, the Department facilitated a process which, in February 2020, culminated in the promulgation of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007 and accompanying Regulations. The Regulations provide for required facilities, devices, equipment, and services that these courts have to offer to be a designated Sexual Offences Court.

The Regulations provide for a range of victim support services - amongst these are services for children which include the court preparation service, the pre-trial and post-trial emotional containment service, the child-friendly private waiting room service, the private testifying service, the intermediary service, counseling services, as well as travelling and food allowances. This package also offers support to children with disabilities. The Regulations further incorporate the court support and accompaniment services, mostly offered by Non-Governmental Organisations (NGOs) to children.

The Sexual Offences Courts offer these services in a sequential value process to prevent any incidence of secondary traumatization. The child is kept safe in a private waiting room which is furnished to respond to the psychosomatic needs of the child. The room offers a play area to keep the child entertained, and is also attached to a private toilet facility to protect the child from exposure to the accused person and other court users.

From a private room, the child testifies with the assistance of an intermediary via a dual-view closed circuit TV (CCTV) system. The goal is to save the child from hearing communication directly from the courtroom. The intermediary therefore serves as the conduit between the courtroom and the child, and conveys questions to the child. When the child is tired during testimony, the court adjourns for the child to take a nap on a custom-made sofa-bed provided for in the testifying room.

The Regulations also make provision for the use of anatomical dolls for use by the prosecutor and the intermediary.

Provision is also made for a court preparation programme which is programme developed by the National Prosecuting Authority (NPA) and accredited with the Health and Welfare Sector Education and Training Authority which is aimed at familiarizing complainants and witnesses in sexual offence cases with the court environment, with a view to preparing them to testify in court and providing assistance and support to them.

Services are also offered at the Thuthuzela Care Centres and victim assistance officers are employed on the establishment of the National Prosecuting Authority and attached to a Thuthuzela Care Centre.

The Department and the NPA progressively improve these services to ensure that child victims of sexual offences receive the support they need.

21 September 2020 - NW698

Profile picture: Msimang, Prof CT

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

Whether, in view of the recognition of customary law and its practice in sections 211 and 212 of the Constitution of the Republic of South Africa, 1996, any steps have been taken to codify this law for the sake of common understanding and common application; if not, why not; if so, what are the relevant details?

Reply:

1. Customary law is mostly unwritten, with no dedicated body of persons tasked with making rules or with the authority to define its norms. This body of law covers all matters regulating personal and family life, and only certain aspects of customary law have been codified, for example the recognition of customary marriages, and parts of the law on succession, especially that dealing with the abolition of the principle of primogeniture. Often, this codification emanates from court orders on disputes lodged with the courts.

 

2. The Recognition of Customary Marriages Act,1998(Act No. 120 of 1998) defines customary law as the customs and usages traditionally observed among the indigenous African peoples of South Africa and form part of the culture of those peoples. Section 211 protects those institutions that are unique to customary law. It follows from this that customary law must be interpreted by the courts, as first and foremost answering to the contents of the Constitution. Specifically, section 211(3) of the Constitution orders the application of customary law by the courts, where this law is applicable. Customary law is protected by and subject to the Constitution in its own right, and may be tested only against the Constitution, and not the common law or legislation. While many South Africans subscribe to and live according to customary law, sections 30 and 31 of the Constitution provide for the right to cultural diversity. The recognition and application of customary law rests on the right to culture of the particular community. Customary law in South Africa is tied to ethnicity, therefore the law regulating the lives of people will differ across communities, ethnicities and provinces.

3. Living customary law exists in the system of living norms that regulate everyday lives of people who live according to customary law. This type of customary law is seen as dynamic, evolving and context specific as it changes in the beliefs and circumstances it applies to.

4. Also, in Pilane and Another v Pilane and Another 2013 (4) BCLR 431(CC) the Constitutional Court confirmed the notion of living customary law as follows:

‘the true nature of customary law is as a living body of law, active and dynamic, with an inherent capacity to evolve in keeping with the changing lives of the people whom it governs’.

5. Since the advent of democracy, the Department has through the South African Law Reform Commission, codified certain Branches of customary law, and this includes Customary Marriages and the Law that relates to the Customary Marriages Act.

6. The Traditional Courts Bill which seeks to create a uniform traditional court system, is currently with the National Council of Provinces, after having been passed by the National Assembly.

This is part of the ongoing Project of Transformation of Customary Law, because customary law is living law. Codification is not do-able in a once-off project.

 

21 September 2020 - NW1095

Profile picture: Breytenbach, Adv G

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

(1)(a) What total number of the 19 000 inmates designated for release as a result of the Covid-19 pandemic have been released and (b) from which prisons have such inmates been released; (2) what is the percentage of overcrowding in each specified prison (a) before and(b) after the release; 3) what systems have been put in place to increase the resources of community corrections in those areas in which inmates have been released or are still to be released; (4) what is the percentage increase of the workload per capita of community corrections in each case?

Reply:

(1)(a) As on24 June 2020 the total number offenders released was4138.

(1)(b) & (2) The breakdown of releases and percentage per region and correctional centre is as follows:

EASTERN CAPE REGION

 

Correctional Centre

(1)(b)Total releases DUE TO SPECIAL PAROLE DISPENSATION

24 JUNE 2020

(2)(a) Percentage of overcrowding before releases

(2)(b)Percentage of overcrowding after releases

24 JUNE 2020

Fort Beaufort

6

25.60%

22.02%

Grahamstown

12

158.25%

151.78%

King William's Town

0

136.57%

136.38%

Middledrift

13

177.71%

174.61%

Stutterheim

3

78.00%

64.00%

East London Medium. A

0

162.56%

161.84%

East London Medium. B

0

178.82%

169.98%

East London Medium. C

13

93.77%

79.12%

Mdantsane

29

214.09%

205.50%

Graaff-Reinet

0

242.86%

223.81%

Jansenville

15

90.32%

41.94%

Kirkwood

12

133.04%

125.79%

Somerset-East

13

91.62%

71.26%

Bizana

1

229.79%

234.04%

Elliotdale

0

30.61%

30.61%

Flagstaff

4

221.62%

200.00%

Lusikisiki

3

265.14%

260.55%

Mount Ayliff

2

158.82%

156.47%

Mount Fletcher

0

196.51%

194.19%

Mount Frere

3

193.75%

181.25%

Mqanduli

4

99.07%

95.33%

Nqgeleni

1

107.41%

102.78%

Tabankulu

3

164.06%

150.00%

Mthatha Remand

0

198.11%

200.47%

Mthatha Medium

0

215.14%

212.08%

Barkly-East

0

116.42%

104.48%

Burgersdorp

7

292.62%

259.73%

Butterworth

0

104.14%

92.48%

Cofimvaba

5

33.66%

24.75%

Cradock

13

168.77%

154.94%

Dodrecht

7

142.39%

127.17%

Engcobo

1

121.21%

114.14%

Idutywa

2

240.32%

233.87%

Lady Frere

0

71.74%

50.00%

Middelburg

12

149.84%

145.11%

Nqamakwe

0

0.00%

0.00%

Queenstown

0

275.20%

236.00%

Sada

3

165.52%

162.84%

Sterkspruit

8

62.90%

24.19%

Willowvale

20

107.69%

55.77%

St Albans Maximum

0

128.61%

128.81%

St Albans Medium A

1

235.13%

214.16%

St Albans Medium B

34

136.17%

132.29%

Patensie

29

84.42%

73.65%

Port Elizabeth

50

91.36%

78.72%

Regional Total

329

150%

147.80%

GAUTENG REGION

 

Correctional Centre

(1)(b)Total releases DUE TO SPECIAL PAROLE DISPENSATION

24 JUNE 2020

(2)(a) Percentage of overcrowding before releases

(2)(b)Percentage of overcrowding after releases

24 JUNE 2020

Baviaanspoort Maximum

0

148.48%

148.25%

Baviaanspoort Medium

14

129.64%

124.37%

Emthonjeni

32

31.88%

26.88%

Boksburg Medium A

46

139.45%

132.15%

Boksburg Juveniles

0

146.35%

141.61%

Heidelberg Male

25

96.75%

86.26%

Johannesburg Medium A

7

248.90%

247.11%

Johannesburg Medium B

42

159.97%

157.43%

Johannesburg Medium C

0

141.74%

141.45%

Johannesburg Female

31

155.79%

144.21%

Krugersdorp

74

164.92%

165.48%

Leeuwkop Max

42

151.08%

151.46%

Leeuwkop Med A

37

102.20%

98.03%

Leeuwkop Med B

7

113.74%

106.80%

Leeuwkop Med C

0

148.93%

147.50%

Modderbee

27

167.34%

164.33%

Devon

40

24.45%

16.05%

Nigel

33

118.02%

115.02%

KgošiMampuru II Maximum

0

99.65%

98.59%

KgošiMampuru II Local

3

173.24%

162.41%

KgošiMampuru II Central

35

142.39%

141.28%

KgošiMampuru II Female

33

145.78%

123.49%

ODI

43

118.17%

112.42%

Atteridgeville

102

96.06%

67.82%

Zonderwater Medium A

0

149.54%

149.54%

Zonderwater Medium B

57

121.73%

114.10%

Grand Total

730

149.03%

144.09%

KWAZULU NATAL REGION 

Correctional Centre

(1)(b)Total releases DUE TO SPECIAL PAROLE DISPENSATION

24 JUNE 2020

(2)(a) Percentage of overcrowding before releases

(2)(b)Percentage of overcrowding after releases

24 JUNE 2020

Durban Medium A

0

172.13%

165.33%

Durban Medium B

28

151.95%

150.23%

Durban Medium C

33

59.51%

41.94%

Durban Female

39

142.63%

121.12%

Durban Youth

44

49.76%

41.02%

Umzinto

22

129.77%

120.55%

Ingwavuma

4

42.20%

41.28%

Mtunzini

16

47.83%

39.13%

Stanger

10

56.39%

45.86%

Maphumulo

3

54.55%

46.75%

Eshowe

28

114.66%

109.58%

Empangeni

68

60.9%

50.81%

Qalakabusha

53

148.46%

137.63%

Glencoe

51

113.06%

110.36%

Dundee

26

42.48%

28.32%

Pomeroy

10

33.33%

17.24%

Ladysmith

11

188.66%

170.06%

Bergville

19

113.79%

86.21%

Greytown

21

55.24%

29.52%

Estcourt

7

52.34%

50.00%

Kranskop

5

46.49%

42.11%

Ebongweni

0

74.4%

73.33%

Port Shepstone

35

80%

52.00%

Kokstad Medium

30

133.24%

127.94%

Matatiele

10

79.5%

63.86%

Nongoma

13

120.37%

100.00%

Ncome Medium A

9

160.37%

157.29%

Ncome Medium B

18

128.82%

125.10%

Melmoth

18

117.39%

93.48%

Vryheid

21

146.89%

133.33%

Nkandla

4

111.11%

100.00%

Pietermaritzburg Medium A

28

142.25%

137.39%

Pietermaritzburg Medium B

40

70.2%

68.26%

Sevontein

19

128.83%

124.52%

New Hanover

12

101.30%

93.51%

Ixopo

26

81.8%

66.67%

Waterval Medium A

45

142.29%

133.50%

Waterval Medium B

15

89.6%

83.41%

Uthrect

15

48.78%

43.90%

Newcastle

5

142.21%

125.10%

Ekuseni

21

27.83%

24.33%

Grand Total

882

119.73%

112.87%

LIMPOPO/MPUMALANG/NORTH WEST REGION

Correctional Centre

(1)(b)Total releases DUE TO SPECIAL PAROLE DISPENSATION

24 JUNE 2020

(2)(a) Percentage of overcrowding before releases

(2)(b)Percentage of overcrowding after releases

24 JUNE 2020

Rooigrond Medium B

10

135.71%

156.02%

Lichtenburg

5

60.82%

67.35%

Zeerust

15

123.08%

159.35%

Mafikeng

0

129.63%

74.07%

Losperfontein

14

117.33%

126.49%

Rustenburg

29

102.83%

60%

Rustenburg COE

13

44.19%

38.60%

Mogwase

18

122.33%

132.28%

Bethal

56

137.48%

137.48%

Ermelo

28

142.15%

123.78%

Piet Retief

38

142.15%

159.39%

Standerton

20

132.48%

125.48%

Volkrust

13

122.75%

111.85%

Modimolle

21

136.54%

126.10%

Polokwane

33

166.80%

182.65%

Tzaneen

18

34.33%

44.78%

Thohoyandou Medium A

14

143.13%

137.92%

Thohoyandou Females/Juveniles

32

115.67%

114.18%

MakhadoCoE

27

152.47%

148.46%

Belfast

5

37.93%

29.31%

Carolina

6

20.00%

52.85%

Middelburg

9

104.42%

85.80%

Witbank

2

134.57%

130.24%

Wolmaransstad

9

99.07%

36.11%

Christiana

6

90.65%

100%

Potchefstroom RDF

18

230.33%

219.15%

Klerksdorp

25

127.50%

126.23%

Barberton Maximum

0

150.65%

150.77%

Barberton Medium A

0

0.00%

0%

Barberton Medium B

45

166.88%

166.24%

Barberton Town

19

102.42%

94.62%

Lydenburg

17

160.49%

158.02%

Grand Total

565

133.84%

129.23%

FREE STATE / NORTHERN CAPE REGION 

Correctional Centre

(1)(b) Total releases DUE TO SPECIAL PAROLE DISPENSATION

24 JUNE 2020

(2)(a) Percentage of overcrowding before releases

(2)(b) Percentage of overcrowding after releases 24 JUNE 2020

Colesberg

19

106.45%

97.31%

De Aar Male

63

122.35%

89.77%

De Aar Female

3

93.94%

81.82%

Hopetown

12

85.94%

73.44%

Richmond

13

116.28%

95.35%

Victoria West

22

165.22%

133.33%

Goedemoed A

34

87.21%

81.06%

Goedemoed B

37

96.47%

88.68%

Bethulie

3

123.53%

103.92%

Edenburg

5

89.80%

73.47%

Fauresmith

5

71.93%

56.14%

Zastron

1

20.31%

42.19%

Groenpunt Maximum

3

143.02%

142.95%

Groenpunt Medium

7

71.29%

71.97%

Groenpunt Youth

6

72.60%

70.82%

Frankfort

13

52.44%

50.00%

Heilbron

5

116.67%

113.64%

Parys

6

82.76%

89.66%

Sasolburg

11

122.11%

105.26%

Vereeniging

0

132.32%

129.26%

Grootvlei A

14

172.99%

170.54%

Grootvlei B

1

120.08%

118.44%

Brandfort

13

42.55%

4.96%

Boshof

6

83.33%

63.33%

Ladybrand

1

103.70%

74.07%

Wepener

11

36.05%

23.13%

Winburg

13

69.59%

60.81%

Mangaung

0

100.00%

100.00%

Kimberley

18

121.97%

104.12%

Tswelopele

25

75.50%

73.25%

Barkley West

9

32.79%

47.54%

Douglas

11

84.85%

72.05%

BizzaMakhate A

17

82.50%

75.61%

BizzaMakhate B

2

100.19%

106.44%

BizzaMakhate C

38

137.50%

120.83%

BizzaMakhate D

0

0.00%

0.00%

Bethlehem

12

148.89%

141.67%

Ficksburg

6

139.08%

132.18%

Harrismith

33

146.8%

130.53%

Hennenman

18

49.05%

36.19%

Hoopstad

0

35.86%

26.21%

Lindley

7

58.54%

31.71%

Odendaalsrus

0

160.49%

142.38%

Senekal

8

49.25%

42.54%

Venterburg

6

70.87%

55.91%

Virginia

33

84.83%

98.60%

Upington Males

45

73.04%

65.67%

Upington Females

3

50.68%

39.73%

Kuruman

12

125.91%

100.24%

Springbok

4

62.67%

50.67%

Grand Total

634

99.15%

93.61%

WESTERN CAPE REGION 

Correctional centres

(1)(b)Total releases DUE TO SPECIAL PAROLE DISPENSATION

24 JUNE 2020

(2)(a) Percentage of overcrowding before releases

(2)(b)Percentage of overcrowding after releases

24 JUNE 2020

Allandale

38

226.79%

238.10%

Hawequa

7

105.29%

14.42%

Obiqua

39

117.52%

117.52%

Paardeberg

43

134.87%

106.90%

Brandvlei (New Centre)

2

95.37%

71.36%

Brandvlei Medium C

86

95.00%

64.21%

Brandvlei Youth

41

103.76%

108.33%

Drakenstein Medium A

39

132.37%

109.03%

Drakenstein Medium B

32

112.03%

117.30%

Drakenstein Maximum

1

148.96%

153.37%

Stellenbosch

3

211.27%

121.13%

Beaufort-West

10

239.47%

188.16%

George

26

187.03%

184.72%

Knysna

13

177.65%

145.25%

Ladismith

2

205.56%

185.19%

Mosselbaai

68

128.32%

136.99%

Oudtshoorn Medium A

43

186.33%

155.33%

Oudtshoorn Medium B (f)

19

153.85%

91.03%

Prince Albert

8

157.69%

86.54%

Uniondale

9

150.00%

140.38%

Goodwood

38

156.85%

121.09%

Buffeljagsrivier

23

144.49%

134.69%

Caledon RDF

6

196.69%

154.88%

Helderstroom Medium A

51

129.54%

128.48%

Helderstroom Maximum

0

143.80%

145.16%

Malmesbury Medium A

39

97.84%

98.49%

Malmesbury RDF

4

229.21%

253.37%

Riebeeck-Wes

1

29.76%

6.34%

Pollsmoor RDF

5

177.27%

173.57%

Pollsmoor Medium A

1

153.66%

131.50%

Pollsmoor Medium B

100

161.02%

177.35%

Pollsmoor Medium C

38

83.54%

34.66%

Pollsmoor Females

46

186.12%

79.79%

Calvinia

1

100.00%

121.95%

Vanrhynsdorp Males

12

265.24%

100.20%

Vanrhynsdorp Females

0

128.00%

93.75%

Voorberg Medium A

25

56.32%

48.50%

Voorberg Medium B (new)

4

110.13%

107.95%

Dwarsrivier

27

136.36%

130.80%

Robertson

19

102.14%

87.61%

Warmbokkeveld

21

199.56%

73.85%

Worcester Males

1

180.67%

186.91%

Worcester Females

7

180.00%

161.97%

Grant Total

998

140.15%

120.15%

Overcrowding level

The percentage of inmates in excess to the available bed space in percentage.

Occupancy level

The number of occupied bed space at a given timecompared to the total number of bed space available in percentage.

(3) There are 1854 officials employed at community corrections to deal with the current situation. Officials are rotated within priority tasks that are presented by the pandemic at this time.195 vacant positions are still to be filled through human resource process.

The increased strategic partnerships within communities and in Government (District Delivery Model (DDM) model assist in this regard.

There are 958 service points established nationally through partnerships with external stakeholders to enhance the accessibility of community corrections services for parolees and probationers.

Twenty one (21) halfway houses were established through partnerships in order to successfully reintegrate probationers and parolees.

(4)

Filled

Offender caseload

28 May 2020

Ratio: number of Offenders per Official

Ratio: number of Offenders per Social Worker

1854

55882

1:30

1:485

Filled

Offender caseload

28 May 2020 PLUS

19 000 releases

Ratio

No of offenders per Official

Ratio

No of offenders per Social Worker

1854

74882

1:40

1:651

Percentage increase

25.37% caseload increase

25% per correctional official

25.49 % increase Per Social Worker

END

16 September 2020 - NW1834

Profile picture: Sindane, Mr P

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

(a) What total number of (i)(aa) prison officials and (bb) inmates have been affected by COVID-19 to date and (ii) the specified persons have since died in each case and (b) how is his department dealing with overcrowding in correctional centres during the lockdown to curb the spread of COVID-19?

Reply:

(a)(i) (aa) A total of 4 136 officials have been infected with COVID-19 as at 23 August 2020.

(bb) A total of 2 336 inmates have been affected by COVID-19 as at 23 August 2020.

(ii) A total of 60 officials and 43 inmates have died due to COVID-19 related illnesses as at 23 August 2020.

(b) The President of South Africa in terms of section 84(2)(j) of the Constitution of the Republic of South Africa, 1996, read with section 82(1)(a) of the Correctional Services Act, 1998 (Act No. 111 of 1998) and for the purpose of addressing, managing and combatting the spread of the COVID-19 virus in all Correctional Centres in the Republic, authorised the consideration and placement on parole of certain category of sentenced offenders, who are or would have been incarcerated on 27 April 2020 subject to such conditions as may be approved by the Correctional Supervision and Parole Board under whose jurisdiction such sentenced offenders may fall.

The Special Parole Dispensation was announced by the Minister of Justice and Correctional Services on 08 May 2020. Approximately 19 000 sentenced offenders who committed non-violent crime and were left with 60 months or less before the minimum detention period (MDP) will be released on parole.

  • As at 20 August 2020, a total 10 153 offenders have been released on Special Parole Dispensation.
  • The inmate population on 20 May 2020, (releases started on this date) was 155 069 which translated into an occupancy level of 130.78% and an overcrowding level of 30.78%.
  • The inmate population as on 20 August 2020, was 138 070, which translates into an occupancy level of 114.52% and an overcrowding level of 14.52%.
  • Since the commencement of the implementation of the 2020 Covid-19 Special Parole Dispensation the department down managed overcrowding in correctional centres with an overall of 16.26% (from 155 069 to 138 070)
  • The above are examples of how the Department of Correctional Services is successfully dealing with overcrowding in correctional centres to curb the spread of COVID-19.
  • The Department also recommend that the Courts should consider alternative sentencing as this will also assist with the management of the COVID-19 in correctional services.

END

09 September 2020 - NW1831

Profile picture: Sonti, Ms NP

Sonti, Ms NP to ask the Minister of Justice and Correctional Services

What (a) total number of persons defaulted on paying their maintenance orders during the lockdown to curb the spread of Covid-19 and (b) steps has his department taken to ensure that maintenance orders are enforced, even during the lockdown

Reply:

(a)  Thus far 631 cases have been recorded for failure to comply with maintenance orders during the lockdown period, and these are based on requests made at courts by maintenance beneficiaries. These matters have been enrolled for hearing on different trial dates. It should be noted that these are not first or initial applications for maintenance. Only once a maintenance order is not honoured or defaulted upon, does the beneficiary come back to court.

The enforcement of maintenance court orders is provided for in the Maintenance Act, 1998 (Act No 99 of 1998) (“the Act”). In terms of section 26 of the Act, whenever a person against whom a maintenance order has been made fails to make a payment in accordance with the order, the order shall be enforceable by way of execution against property as contemplated in section 28, or by the attachment of any debt as contemplated in section 30. In terms of section 31 of the Act, any person who fails to make a particular payment in accordance with a maintenance order shall be guilty of an offence 

Therefore, the Department of Justice and Constitutional Development only captures information regarding default payments in instances where an application for enforcement of the original court order has been made because of non- compliance with the court order by the defendant.

These 631 cases are therefore not necessarily the total number of defaulters during the lockdown period, as we anticipate that from Alert Level 2, many more maintenance beneficiaries will be approaching the courts to report non-compliance. The statistics thereof will be kept for analysis purposes. Furthermore, given the fact Covid-19 has caused many persons to lose their employment or face reduced incomes, we can anticipate that this will have an effect on default maintenance payments as well.

(b) Courts were sitting on a rotation basis during the different levels of the lockdown. The Department ensured that child maintenance functions were regarded as emergency work/essential services so as to ensure that courts continue to process maintenance complaints and applications. Courts therefore remained operational in respect of maintenance matters, with due adherences to the Covid-19 regulations and prescripts

07 September 2020 - NW567

Profile picture: Horn, Mr W

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

What total number of (a) prisoners who have been convicted for (i) housebreaking, (ii) carjacking, (iii) theft of motor vehicles, (iv) house robberies and (v) drug-related crimes have received parole from each parole board in each province in each of the past 10 years, (b) years have the specified prisoners served before being released on parole and (c) the specified parolees (i) had their DNA samples collected before being released on parole and (ii) have become reoffenders?

Reply:

Kindly refer to the attached as Annexure 1.

24 August 2020 - NW1118

Profile picture: Horn, Mr W

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

Whether he has considered the parole application of a certain person (details furnished); if not, what is the position in this regard; if so, what was the outcome of his consideration?

Reply:

Yes, the Minister has considered the offender’ profile for possible placement on parole wherein he approved that the profile of offender Nxumalo be submitted for reconsideration after 31 January 2022.

In the interim the offender will be subjected to the following interventions:

  • The offender to undergo insight orientated psychotherapy to deal with his anti-social personality disorder and loss of his mother;
  • A risk assessment by a non-treating psychologist to be conducted;
  • The offender to be encouraged to improve his vocational skills to assist him with prospects of obtaining employment once he is placed on parole.

END

21 August 2020 - NW1646

Profile picture: Tafeni, Ms N

Tafeni, Ms N to ask the Minister of Justice and Correctional Services

What legal steps has been taken to hold persons accountable, after a proclamation in 2017 by the President, Mr M C Ramaphosa, resulting in an investigation by the Special Investigating Unit into corruption of water supply tenders at the Alfred Nzo District Municipality found R300 million looted from the specified municipality?

Reply:

1. The table below provides details of the steps taken by the Special Investigating Unit (SIU) for each proclamation made by the President in 2017:

Details of the Proclamation

Actions Taken

Civil Litigation

Disciplinary

1. Proclamation R19 of 2017

a) The SIU concluded all investigations and submitted a report to the Honourable President.

b) Criminal matters were referred to the National Prosecuting Authority (NPA)

c) Evidence obtained by the SIU resulted in the Hawks arresting eight (8) Municipal officials and one (1) private individual.

The SIU recommended that the Municipality cancel a contract of R2.5 million.

Evidence relating to misconduct against the Acting Municipal Manager, Head of Supply Chain Management and Chief Financial Officer was referred to the Honourable Mayor of Alfred Nzo District Municipality. The said officials resigned and no further action could be taken.

2. Proclamation R36 of 2017

a) The SIU concluded all investigations and submitted a report to the Honourable President.

b) Criminal matters were referred to the NPA

c) Seven (7) cases of Fraud

d) One (1) case in terms of Section 173 of the Municipal Finance Management Act (MFMA)

e) These matters are currently being investigated by the Hawks in the Eastern Cape.

Evidence relating to an undue benefit by the service provider amounting to R60.7 million was referred for purposes of civil litigation. Combined summonses were issued by the Special Tribunal. Pleadings not yet closed and a court date yet to be determined.

Evidence relating to misconduct against the Acting Municipal Manager was referred to the Honourable Mayor of Alfred Nzo District Municipality. The Acting Municipal Manager resigned and no further action could be taken.

2. The National Prosecuting Authority (NPA) has taken the following legal steps:

a) Upon receipt of the SIU’s referral of matters relating to the corruption of water supply tenders at the Alfred Nzo District Municipality to the NPA, case dockets were registered, and prosecutors as well as investigating officers were assigned by the NPA and the Directorate for Priority Crime Investigation (DPCI) respectively.

b) Case planning was done by the investigating team and prosecutors, whereby two (2) legs of investigations on the matters were undertaken.

c) Police investigations in respect of one (1) of the dockets have been finalised and the charge sheet has been drafted. The case is ready for enrolment and will be placed on the court roll by end August 2020, upon which the accused, who is the service provider to the Municipality, will face charges of fraud.

d) It is anticipated that the investigations, in respect of the other leg, will be finalised in the next two (2) months or so, after which the prosecutor will start to draft the charge sheet so that the case can be placed on the court roll.

20 August 2020 - NW446

Profile picture: Horn, Mr W

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

What was the total number of parolees in the Republic as at 29 February 2020?

Reply:

The total number of parolees in the South African system as on 29 February 2020 is as follows:

Probationers

Parolees

Awaiting Trial Person (ATPs)

Total

7 371

45 914

1252

54537

END

20 August 2020 - NW1116

Profile picture: Horn, Mr W

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

With reference to the deployment of members of the Emergency Support Team (EST) from the Limpopo, Mpumalanga and North-West region to work at the KwaZulu-Natal regional head office of the Department of Correctional Services in Pietermaritzburg, (a) on what date did the deployment commence and (b) what has been the total costs related to (i) the deployment, (ii) travel and subsistence, (iii) accommodation and (iv) any additional payment to the relevant EST members?

Reply:

Emergency Support Team (EST) from the Limpopo, Mpumalanga and North-West Region were deployed to work at the KwaZulu-Natal Reginal office.

(a) The deployment commenced on 24 April 2020 and ended on 22 May 2020.

(b)(i - iv)

EXPENDITURE

AMOUNT

Subsistence & Travel (S&T)

R78 721.04

Fuel

R30 556.45

Overtime

R92 317.06

Toll gates

R2 912.89

Standby allowances

R40 698.00

Public holidays

R33 229.52

Total Sunday allowance

R20 762.37

Accommodation

R855 653.00

TOTAL DEPLOYMENT COST

R1 154 850.33

END

14 August 2020 - NW1439

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister of Justice and Correctional Services

What total number of parolees were rearrested for offences related to Gender-Based Violence in the 2019-20 financial year; (2) What (a) number of halfway houses does his department currently fund and (b) amount has his department allocated to each halfway house that it is funding in the current 2020-21 financial year?

Reply:

1. A total of 411 Parolees were rearrested during the 2019/20 financial year for offences relating to Gender Based Violence from 01 April 2019 to 31 March 2020 and is indicated per Region in the tables below:

Region

Number of rearrested parolees for offences related to gender based violence during the 2019/20 financial year

Eastern Cape

81

Free State/Northern Cape

106

Gauteng

17

KwaZulu-Natal

48

Limpopo, Mpumalanga North West

105

Western Cape

54

Total

411

(2)(a) Seven Halfway Houses (7)

REGION

(2)(a) NUMBER OF HALFWAY HOUSES

(2)(b) AMOUNT ALLOCATED PER HALF WAY HOUSE

FS/NC (Free State)

1

R480 000,00

GP

1

R396 000,00

KZN

1

R496 200,00

LMN (North West)

1

R360 000,00

WC

3

R384 000,00

   

R384 000,00

   

R438 048,00

TOTAL

7

R2 938 248.00

END

13 August 2020 - NW1612

Profile picture: Cuthbert, Mr MJ

Cuthbert, Mr MJ to ask the Minister of Justice and Correctional Services

What is the (a) detailed breakdown of the costs that the Government incurred in defending legal action brought against its gazetted regulations during the national lockdown to curb the spread of Covid-19, (b)(i) total amount paid for legal counsel and (ii) to whom was it paid and (c) cumulative amount of cost orders issued for the Government’s account?

Reply:

The number of matters that were lodged and commenced against the State since the announcement and implementation of the national lockdown regulation aimed at curbing of the spread of Covid-19 in March 2020 amounts to 116 in total. It is worth mentioning that 80/116 matters (92%) of these matters were populated between State Attorney in Pretoria with fifty-one (51) cases and State Attorney in Cape Town with twenty-nine (29) matters.

The Office of the Solicitor-General is tallying the total costs and expenses in relation to these matters by collating information from all thirteen (13) Offices of the State Attorney. However, for the period under review, the State has paid invoices (inclusive of fees and disbursements) to the value of R3 462 327.00. The Offices of State Attorney are yet to complete the quantification process of the costs involved as they are currently segmenting the matters in terms of those rendered by Junior and Senior counsel on pro-bono (free of charge) basis.

I am unfortunately unable to furnish the Honourable Member with information, in relation to the cumulative amount of cost orders issued against the State, due to the following:

a) Matters that are still serving in court and are yet to be finalised (sub-judice);

b) Invoices to matters where services have been rendered but accounts are yet to be submitted by the legal services providers;

c) Matters which were not opposed by the State and to which no costs orders have been made and resulting in savings to the fiscus;

d) Matters that were in terms of section 13 of the disaster management regulations finalised either via mediation or arbitration to which no costs orders relate; and

e) Matters where adverse costs orders were issued against the state but in relation to which matters the accounts by third parties are yet to be rendered to the State and/or taxed.

To the extent that the Honourable Member also requires information on the disclosure of names of the recipients and the quantum payable to such recipients, I shall revert with the answer once legal clarification in relation to the issues of Protection of Personal Information Act (POPIA) and other legal prescripts have been clarified.

13 August 2020 - NW1478

Profile picture: Chirwa, Ms NN

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

Why (i) does he encourage women to break the silence on the scourge of gender based violence (GBV), but fails to protect them against arrest and criminalisation when they speak out against the abuse and violence they experience like has happened to Lerato Moloi, the South African model and television presenter, whose alleged perpetrator filed charges against her instead and (ii) are the victims, who have defied the silencing grip of sexual and GBV, charged before a court with greater speed and efficiency than is the case of a perpetrator of such violence; 2) what (i) recourse do victims of GBV have when the judicial system leaves them exposed to secondary abuse so that speaking out becomes a far more frightening option and (ii) are the reasons that he therefore encourages women to speak out against the violence they have experienced when the judicial system fails to protect them against secondary abuse?

Reply:

1. (i) Reducing the secondary victimization or trauma of Gender-Based Violence

(GBV) survivors is a key pillar of the Department of Justice and Constitutional Development, as well as the National Prosecuting Authority (NPA)’s interventions to combat GBV. To reduce secondary victimization in court processes, the NPA has specifically included a module on social context sensitivity awareness in their training curricula dealing with GBV and Femicide related matters.

Victims of GBV must always be encouraged to speak out and report these offences, as this is the only way in which Criminal Justice System (CJS) can deal with the matter and ensure that justice is done. It requires laying a charge with the South African Police Service (SAPS), followed by prosecutor-guided investigations and related court processes. Victims of domestic violence and harassment can also apply for protection orders at their nearest court.

No two (2) GBV cases are ever exactly the same and therefore each case is handled on its merits, circumstances and complexities.

Another key pillar of our interventions is the provision of support services to victims. Dedicated Sexual Offences Courts make use of a number of interventions to reduce secondary trauma for victims, such as preparation services, pre-and post-trial trauma debriefing services, intermediary services, private testifying room/closed court services (via a closed-circuit TV system) and private waiting rooms for adult and child victims.

For victims of sexual offences, the Thuthuzela Care Centres (TCCs) have specifically been established as a mechanism to minimize secondary victimization, as the objective of the TCC model is to provide all related services (medical, psycho-social, statement taking, follow-up services) at a 24-hour One Stop Centre. There are currently 55 TCC-sites nationally, with six (6) additional sites in the process of being added to the list.

(ii) Each GBV matter and sexual offences matter is dealt with on its own merits.

They do generally take longer as they are often more complex in nature. As soon as the SAPS present a docket to the NPA, the prosecution arm is set in motion. Should the evidence contained in a docket prove a prima facie case against the alleged accused, such person will be prosecuted, either by putting a charge to the accused or by diverting the matter away from the court process, depending on the merits and the severity of the charge. In addition, it is worth noting that prosecutors, specifically in dealing with serious/contentious offences (as is the case with all GBVF matters), are required to have detailed consultations with witnesses to follow the court preparation program before they are to testify in court. These steps are vital for a successful prosecution, but they do, unfortunately, take time.

2. (i) The provision of support services and court preparation ensure well prepared

witnesses for court, which also minimizes the impact of secondary victimization. Effective preparation is more crucial when dealing with child witnesses and severely traumatized witnesses. The NPA has therefore appointed Court Preparation Officers who, inter alia, inform witnesses of the court environment, legal processes and terms. Their fears and concerns are addressed, and court preparation aims to reduce secondary victimization. In court, the victim has to once again relay their version of the events, and then they are also exposed to cross examination by the defense and questions from the bench. Service providers, and those within the NPA environment, prosecutors and TCC staff, are specifically trained and encouraged to minimize secondary victimisation, i.e. to minimize consultations, appoint one specific prosecutor to deal with a victim (which helps with rapport building, especially with younger victims), keep the victim updated as to the status of the case and to ensure that court preparation is provided, and that the necessary counselling has been offered.

Prosecutors also have a duty to inform victims of the various protective measures provided for in the Criminal Procedure Act of 1977, i.e. section 153, which provides a court to sit in camera, section 154, which prevents the personal details of the victim to be made public, section 158, which allows for adult persons to testify through as CCTV camera and section 170A, which allows, by application, for the use of an intermediary for persons under the biological or mental age of 18.

3. (ii) Victims of GBV are always encouraged to speak out as it the only way that we

can put a stop to GBV and to ensure that victims access support services. A lot is being done to prevent secondary victimisation in the broader criminal justice system. One of the principles that guides the implementation of the National Strategic Plan on GBV and Femicide’s programmes are a human rights-based, victim-centred, survivor-focused approach to the provision of services that reaches all, regardless of financial means. A victim-centred approach is the systematic focus on the needs and concerns of a victim to ensure the compassionate and sensitive delivery of services in a non-judgmental manner. It seeks to minimize traumatisation associated with criminal justice processes by providing support of victim advocates and service providers, empowering survivors as engaged participants in the process, and providing survivors an opportunity to play a role in seeing their offenders brought to justice.

There are also structures which aim to further assist and support specific vulnerable groups, such as victims of trafficking in persons and members of the LGBTI community when they are victims of GBV.

New legislation is also underway to further strengthen the rights and protection of victims of GBV. The Domestic Violence Amendment Bill is one of a package of three legislative interventions which are intended to contribute to the fight against the scourge of gender-based violence and femicide. The two other Bills seek to amend the statutory provisions in the Criminal Procedure Act, 1977 and the Criminal Law Amendment Act, 1997, dealing with bail and sentencing, as well as the National Register for Sex Offenders. Appropriate legislation to reduce and prevent GBV is of critical importance. It is envisaged that these Bills will be introduced into Parliament shortly and will go a long way in further combating and preventing all forms of GBV.

In addition to the legislation being prepared by my Department, the Department of Social Development is also working on a Victim Support Services Bill. The Bill was gazetted on 17 July 2020 and recognizes that victims experience secondary victimisation and therefore creates a prohibition against such. It provides that secondary victimisation needs to be prevented at all times through service provision and stipulates the various services to be provided to victims.

13 August 2020 - NW1585

Profile picture: Steyn, Ms A

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

What (a) number of land reform cases did the Special Investigating Unit investigate since 1 January 2009, (b) were the (i) details and (ii) scope of the investigation in each case and (c)(i) are the details of the outcomes of each investigation that was finalised and (ii) is the current status of each investigation that has not been finalised; (2) whether all the reports of the finalised investigations have been made public; if so, (a) where and (b) how can the reports be accessed?

Reply:

1. (a) The Special Investigating Unit (SIU) has informed me that six (6) proclamations were published, and they mandated the SIU to investigate matters in respect of the National Department of Rural Development and Land Reform.

(b) i) and ii)

Proclamation R8 of 2011: National Department of Rural Development and Land Reform (Land Reform): GG: 34031 of 18 February 2011

Schedule to the Proclamation

The application for and award of grants, the transfer of land or the payment of funds to beneficiaries and the administration thereof by the Department, under the Department's Land Reform Programme, in a manner that was (a) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes and instructions issued by the National Treasury; or (iii) manuals, policies, procedures, instructions, prescripts or practices of, or applicable to the Department; or (b) fraudulent. The incurrence of (a) irregular expenditure; (b) fruitless and wasteful expenditure; or (c) expenditure not due, owing and payable, in relation to payments made, land transferred or grants awarded to beneficiaries, suppliers, contractors or service providers, in or relating to the Department’s Land Reform Programme

Proclamation R53 of 2012: National Department of Rural Development and Land Reform and its agents (Land Restitution): GG: 35691 of 21 September 2012

Schedule to the Proclamation

The payment of advances, subsidies or compensation to claimants in respect of the restitution of a right in land in terms of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) to persons who were not entitled to receive such advances, subsidies or compensation; or in a manner which was contrary to applicable legislation, manuals, policies, procedures, instructions, prescripts and/or practices of, or which were applicable to the Department; or fraudulent. Maladministration of the affairs of the Department by officials or employees or their agents in respect of the payment of advances, subsidies or compensation to claimants in respect of the restitution of a right in land in terms of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994), including the causes of such maladministration.

Proclamation R7 of 2014, amended by R599 of 2015 and 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): GG: 37346 dated 14 February 2014; GG: 38985 dated 10 July 2015; GG: 41165 date 6 October 2017

Schedule to the Proclamation

Any reference to (a) "contracting" includes but is not limited to, any negotiation processes involving a contract, the conclusion and signing of a contract and any novation, renewal, extension or amendment of the contract; (b) "the ICT systems/projects" means (i) the e-Cadastre project and the e-Cadastre system for the DRDLR; (ii) the Deeds Registries System for the DRDLR; (iii) the Enterprise Architecture product for the DRDLR; (iv) the Regularity Impact Assessment for the DRDLR; (v) a BPR project for the DRDLR; and (vi) the back scanning of records of the DRDLR into microfilm images for the DRDLR database individually or collectively, as the context may require or as may be applicable; (c) "the institutions" means the DRDLR and the SITA, individually or collectively, as the context may require or as may be applicable; and (d) "the institutions' suppliers and service providers" includes any consultants, contractors, subcontractors, suppliers or service providers of the institutions. Theft, fraud, corruption or maladministration in the affairs of the DRDLR in relation to the lodging and processing of deeds on the Deeds Registration System of the Pretoria, Johannesburg, Cape Town, Vryburg and Bloemfontein Deeds Registries or in the processes of requesting for or the giving-out of deeds information, in a manner that was contrary to applicable (a) legislation; or (b) manuals, guidelines, policies, procedures, practice notes, instructions, prescripts or practices of or applicable to the DRDLR including the causes of such fraud, corruption or maladministration and any loss, damage or prejudice actually or potentially suffered by the DRDLR or the State. The procurement of and contracting for the ICT systems/projects or any goods, works or services in respect of the ICT systems/projects by or on behalf of the Institutions and payments made in relation thereto, in a manner that was (a) not fair, equitable, transparent, competitive or cost-effective; or (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes or instructions issued by the National Treasury or the applicable Provincial Treasuries; or (iii) manuals, guidelines, codes, policies, procedures, instructions or practices of, or applicable to the Institutions; Losses or prejudice actually or potentially suffered by the Institutions as a result of the mismanagement of the assets, finances or other resources in respect of the ICT systems/projects, including any (a) overspending, mismanagement, misspending or misappropriation of funds; (b) payments which were made to agents of the Institutions or the Institutions' suppliers and service providers (i) prematurely; (ii) despite non-performance, uncertified, incomplete or poor quality performance or defective performance; (iii) despite late performance; or (iv) in excess of amounts agreed or tendered or at rates disproportionate to the value, nature or scope of goods, works or services supplied or rendered; ( c) payments made for goods not supplied or works or services not rendered; or (d) duplication of payments.

Losses or prejudice actually or potentially suffered by the Institutions as a result of unlawful conduct or irregular practices of the personnel or agents of the Institutions, the Institutions' suppliers and service providers or third parties in respect of the ICT systems/projects, including any premature, false or inflated claims for payment. The incurrence of unauthorised expenditure, irregular expenditure, fruitless and wasteful expenditure or expenditure not due, owing and payable, as a result of payments which were made by the Institutions to the agents of the Institutions, the Institutions' suppliers and service providers or third parties for or in respect of the ICT systems/projects. Fraud, corruption or maladministration regarding the affairs of the Institutions in respect of the ICT systems/projects in respect of (a) budget preparations, the allocation, implementation or use of the applicable budgets or budget items, including but not limited to any overspending or misappropriation of the applicable budgets or budgeted items; (b) supply chain management policies; (c) procurement processes; (d) contract management, including but not limited to (i) contracting for the ICT systems/projects or any goods, works or services in respect of the ICT systems/projects; (ii) the monitoring, management or verification of goods delivery, services rendered or works performed or any failure in this regard; (ii) the monitoring, management or verification of the quality and /or quantity of goods delivered, services rendered or works performed or any failure in this regard; (iv) any breach of contract, late performance, enforcement of contracts or cancellation of contracts; or (e) logistics management, including the causes of such fraud, corruption or maladministration and any loss, damage or prejudice actually or potentially suffered by the Institutions or the State. The failure of the Institutions to (a) recover premature or excessive payments made to agents of the Institutions or the Institutions' suppliers and service providers; or (b) collect monies due, owing and payable to the Institutions, for or in respect of the ICT systems/projects. Unlawful or irregular conduct by agents of the Institutions, the Institutions' personnel, suppliers and service providers or third parties relating to any one or more of the allegations set out above, and any loss, damage or prejudice actually or potentially suffered by the State or Institutions as a result thereof.

Proclamation R24 of 2017: Department of Rural Development and Land Reform: GG 41000 dated 24 July 2017

Schedule to the Proclamation

The acquisition by the Department of the Bekendvlei, Nirwanda, Wonderhoek, Mont Piquet and Appelkloof farms, Mikes Chicken (Pty) Ltd, immovable assets and animals for Project Harmonie, Project Uitkyk and Project Dipalemo in terms of the Department's Proactive Land Acquisition Strategy, and the identification, selection and appointment of strategic partners and beneficiaries for such farms in a manner that was (a) not fair, competitive, transparent, equitable or cost-effective; (b) contrary to applicable (i) legislation; (ii) manuals, guidelines, practice notes, circulars or instructions issued by the National Treasury; or (iii) manuals, policies, procedures, prescripts, instructions or practices of or applicable to the Department; (c) conducted by or facilitated through the improper or unlawful conduct of (i) officials of the Department; or (ii) any other person or entity, to corruptly or unduly benefit themselves or others; or (d) fraudulent, and related unauthorised, irregular or fruitless and wasteful expenditure incurred by the Department.

Misappropriation of recapitalization funds in terms of the Recapitalization and Development Programme of the Department relating to the allegations referred to in paragraph 1 of this Schedule.

Corruption, irregularities, malpractices or maladministration in the affairs of the Department relating to the allegations referred to in paragraphs 1 and 2 of this Schedule, including the causes of such and any losses, damages or actual or potential prejudice which the Department may have suffered.

(c) (i) and (ii)

Proclamation R8 of 2011: National Department of Rural Development and Land Reform (Land Reform): GG: 34031 of 18 February 2011

Action taken

  1. Details of the outcomes of each investigation finalised

Value

Number of referrals made to the National Prosecuting Authority (NPA)

Evidence obtained in respect of 43 matters investigated has been referred to the NPA, including the AFU with a view to instituting criminal action and/or recovery of the proceeds of crime and/or unlawful activities in terms of the provisions of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

 

Number of referrals made for disciplinary action against officials

In respect of 33 matters investigated, evidence obtained against 23 officials was referred to the Department with recommendations to the effect that disciplinary action be instituted against the officials concerned.

 

Rand value of actual cash and/or assets recovered

Final asset forfeiture/confiscation orders have been obtained in 24 of the matters referred to the AFU.

R362 000 000

Rand value of potential cash and/or assets to be recovered

In respect of 4 matters referred to the AFU, preservation orders have been obtained.

R45 528 094

Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings

  • In respect of 2 of the matters, civil proceedings have been instituted and the SIU is pursuing recoveries of R7.6 million.
  • The SIU is awaiting a trial date for these 2 matters.

R9 200 000

(ii) Final Presidential Report submitted on 28 March 2018.

Proclamation R53 of 2012: National Department of Rural Development and Land Reform and its agents (Land Restitution): GG: 35691 of 21 September 2012

Action taken

  1. Details of the outcomes of each investigation finalised

Value

Number of referrals made to the National Prosecuting Authority

Evidence obtained in respect of 166 matters investigated has been referred to the NPA, including the AFU with a view to instituting criminal action and/or recovery of the proceeds of crime and/or unlawful activities in terms of the provisions of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998). In 70 matters the NPA declined to prosecute; in 4 matters the accused were found guilty of theft, fraud and money laundering.

 

Referrals made for disciplinary action against officials

Evidence obtained against 24 officials (in total) was referred to various government departments with recommendations that disciplinary action be instituted against them for misconduct related to applications for irregular and/or unlawful claims.

 

Rand value of actual cash and/or assets recovered

A final asset forfeiture/confiscation order has been obtained in one the matter referred to the AFU.

R5 359 248

Rand value of potential cash and/or assets to be recovered

  • A preservation order has been obtained in one matter referred to the AFU.
  • Signed Acknowledgements of Debts have been obtained from 90 individuals in respect of undue payments made to them for claims that they did not qualify for.

R45 015 000

R5 197 490

(ii) Final Presidential Report submitted on 27 November 2019.

Proclamation R7 of 2014, amended by R599 of 2015 and 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): GG: 37346 dated 14 February 2014; GG: 38985 dated 10 July 2015; GG: 41165 date 6 October 2017

Action taken

  1. Details of the outcomes of each investigation finalised

Value

Number of referrals made to the National Prosecuting Authority

  • Evidence obtained in respect of 1 matter investigated has been referred to the NPA, with a view to instituting criminal action for gross financial misconduct in terms of the PFMA.
  • Evidence obtained in respect of 7 matters investigated has been referred to the NPA, with a view to instituting criminal action for fraud, contravention of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001) theft, forgery and/or uttering.
 

Number of referrals made for disciplinary action against officials

  • Evidence obtained against 7 officials was referred to the Department with recommendations that disciplinary action be instituted against them for misconduct.
  • Evidence obtained against 10 officials was referred to the Department with recommendations that disciplinary action be instituted against them for negligence and non-compliance with statutory prescripts.
 

Number of referrals made for executive and/or administrative action

  • Evidence against 1 conveyancer (as reflected in Table 3 below) has been referred to the relevant body at the time, being the Law Society of the Northern Provinces (which has since been replaced by the Legal Practice Council), to use in support of an application to strike the conveyancer from the roll of Admitted Attorneys.
  • The application was successful and he was struck from the roll on 15 June 2017.
 

The value of contract(s) and/or administrative decision(s)/action(s) set aside or deemed invalid

On 13 September 2016, the High Court declared the decision by the SITA to recommend, and by the Department to award the Tender to Gijima to be unlawful and invalid ab initio as a result of a pricing error made by the SITA during the bid evaluation and adjudication processes of the Tender. The Court further declared all contracts that resulted directly or indirectly from the award of the Tender concluded between the Department and Gijima to be unlawful and invalid ab initio and the Court set aside all such contracts.

R651 225 770

Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings

  • The Department and the SIU have jointly instituted new civil proceedings against Gijima in order to recover monies on the basis of unjust enrichment.
  • The matter is on-going.

R208 025 174

(ii) Final Presidential Report submitted on 26 March 2020 for Proclamation R7 of 2014 and R599 of 2015. Proclamation R32 of 2017 is still ongoing, and expected to be finalised by the end of the 2020/21 financial year.

Proclamation R24 of 2017: Department of Rural Development and Land Reform: GG 41000 dated 24 July 2017

Action taken

  1. Details of the outcomes of each investigation finalised

Value

Rand value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings

Civil proceedings have been instituted in the Special Tribunal in respect of one matter and the SIU is seeking to declare invalid and set aside a lease agreement entered into between the Department and a service provider.

R3 037 647

(ii) Investigation is still ongoing, and expected to be finalised by the end of the 2020/21 financial year.

2. No, it is the President’s prerogative to release SIU’s final reports.

11 August 2020 - NW1452

Profile picture: Horn, Mr W

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

What number of cases were on the criminal court backlog roll on 26 June 2020 in respect of the (a) district and (b) regional courts?

Reply:

During the period of the lockdown, both at Risk Alert Levels 3, 4 and 5, courts dealt with a minimal number of trials. Most cases were postponed in order to limit the number of people going to courts and thereby risking the spread of the virus. Such postponements led to further increases in the already existing criminal case backlogs.

A case backlog is a case which has remained open on the roll:

(a) in case of a district court case, for a period in excess of six (6) months or more; and

(b) in case of a regional court, a case which has been on the roll for nine (9) months or more.

The statistics for backlog cases as verified with the NPA for both (a) and (b) above, are as follows:

DISTRICT COURTS

 

District Courts

 

REGIONAL COURTS

 

Regional Courts

 

EASTERN CAPE

 

6 796

 

EASTERN CAPE

 

2 148

 

FREE STATE

 

1 715

 

FREE STATE

 

1 086

 

GAUTENG

 

6 451

 

GAUTENG

 

6 339

 

KZN

 

4 815

 

KZN

 

3 205

 

LIMPOPO

 

3 216

 

LIMPOPO

 

1 404

 

MPUMALANGA

 

2 876

 

MPUMALANGA

 

1 816

 

NORTH WEST

 

2 081

 

NORTH WEST

 

1 800

 

NORTHERN CAPE

 

1 083

 

NORTHERN CAPE

 

685

 

WESTERN CAPE

 

10 733

 

WESTERN CAPE

 

3 912

 

TOTAL BACKLOG CASES

 

39 766

 

TOTAL BACKLOG CASES

 

22 395

 

There are continuous engagements between the Department and Regional Court Presidents as well as Chief Magistrates to develop mechanisms to address the escalating backlogs. The engagement has led to the establishment of the Integrated Case-Backlog Plan through which cases are being arranged for trial in terms of their priority.

It is however difficult to effectively implement the plan at this particular time due to the spikes in COVID-19 infections, which in turn lead to constant closure of courts due to positive cases of infections being confirmed randomly. The implementation of the plan will become more effective once the country has reached its peak and subsequent decline in the infection number.

11 August 2020 - NW249

Profile picture: Selfe, Mr J

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

(1) Whether a certain person (name furnished) was released on parole; if so, (a) for which crimes was the specified person sentenced, (b) on what date was the specified person sentenced, (c) what was the length of the sentence, (d) on what date was the specified person released and (e) what were the parole conditions; (2) was the family of the victim(s) of the specified person’s crime(s) invited to make representations about the specified person’s release on parole; if not, why not; if so, what are the relevant details; (3) whether the specified person has violated any conditions attached to his release on parole; if so, (a) what are the relevant details and (b) what steps has his department taken in this regard?

Reply:

(1) Yes.

(a) Offender was serving a sentence of imprisonment for kidnapping, child molestation and culpable homicide.

(b) He was sentenced on 07 April 2008.

(c) He was sentenced for the crimes as follows:

  • count 1: 2 years imprisonment
  • count 2: 6 months imprisonment
  • count 3: 10 years imprisonment

The court ordered that sentences on counts 1&2 to run concurrently with the sentence on count 3. Therefore he is serving an effective sentence of 10 years imprisonment.

(d) He was placed on parole on 3 April 2013. On 18 November 2013 he was declared an absconder and re-admitted on 12 August 2015 after being arrested for driving without drivers’ licence and possession of stolen goods.

The offender received a suspended fine on both charges. He was again placed on parole on 17 October 2016 until18 May 2019 wherein he absconded again on 6 February 2019.

(e) The offender was subjected to the following parole conditions in line with section 52 of the Correctional Services Act, 1998 (Act 111 of 1998):

  • Monitoring – high risk
  • Placed under house detention;
  • Restricted to magisterial district;
  • Reside at a fixed address which has been approved after consultations with the Head Community Corrections;
  • Refrains from using alcohol or illegal drugs;
  • Refrains from committing a criminal offence;
  • Refrains from visiting a particular place;
  • Refrains from making contact with a particular person or persons or threatening a particular person or persons by word or action.

(2) No, the offender attended restorative justice programme but victims were not invited to participate in the Parole Board meeting when the offender was considered for placement. Victim/offender dialogue was not compulsory in 2013 April when the offender was released on Parole, thus was not done. In October 2016, the offender was placed on parole for the second time and thereafter treated as a parole violator which led to his parole being revoked.

(3)(a) Yes, he violated his parole conditions by absconding from the system of community corrections and driving without drivers’ licence as well as possession of stolen goods after he was placed on parole on 3 April 2013. He absconded again on 6 February 2019 after he was placed on parole on 17 October 2016. He is also alleged to have kidnapped and killed an 8 year old girl from Ravensmead.

(b) After he was re-arrested on 12 August 2015 for absconding, he was denied parole for a period of 1 year and 2 months and was again placed on parole on 17 October 2016.The Goodwood Management Area revoked his parole and he is currently serving hundred and twenty seven (127) days which was the remainder of the ten (10) years sentence he was initially serving on 07 April 2008. He started serving the hundred and twenty seven (127) days on 21 February 2020.

A high risk profile assessment will be conducted to determine the placement of the offender in the facility as well as to determine the risk that he still poses.

A psycho- social assessment will also be conducted to determine further rehabilitation. If found guilty with the new crime, previous sentence and new sentence will it be concurrent or separated? This office is not in a position to respond to this question as the court will determine how the sentence should be served.

END

11 August 2020 - NW516

Profile picture: Horn, Mr W

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

(1) What total number of (a) prisoners that have been sentenced to life imprisonment for (i) rape, (ii) murder, (iii) kidnapping and (iv) culpable homicide have received parole from each parole board in each province, (b) years have the specified prisoners served before being put on parole and (c) the parolees have become reoffenders; (2) how often does his department monitor persons on parole once they have been reintegrated into society; (3) (a) what programmes are there and (b) how much of the budget is allocated to reintegrate offenders back into society to ensure that they are properly rehabilitated

Reply:

(1)(a)(i)(ii)(iii)

Crime Category

Regions

 

EC

GP

KZN

LMN

FSNC

WC

Total

(Culpable Homicide and Related offences) (Murder and related offences)

 

3

 

1

1

2

7

(Culpable Homicide and Related offences) (Murder and related offences) (Offences against freedom of movement)

 

1

1

     

2

(Culpable Homicide and Related offences) (Murder and related offences) (Sexual offences)

1

         

1

(Culpable Homicide and Related offences) (Offences against freedom of movement) (Sexual offences)

     

1

   

1

(Culpable Homicide and Related offences) (Sexual offences)

 

1

     

1

2

(Murder and related offences)

144

338

299

118

66

41

1 006

(Murder and related offences) (Offences against freedom of movement)

7

13

8

4

3

4

39

(Murder and related offences) (Offences against freedom of movement) (Sexual offences)

3

5

2

1

2

1

14

(Murder and related offences) (Sexual offences)

8

13

11

5

5

 

42

(Offences against freedom of movement)

 

1

       

1

(Offences against freedom of movement) (Sexual offences)

4

3

4

2

   

13

(Sexual offences)

19

16

28

30

11

9

113

Grand Total

186

394

353

162

88

58

1 241

(iv)

*Note that Parole Boards only have recommendation powers in respect of lifers since the approval rests with the Minister.

Region/Management Area/Parole Board

Number who received parole

EASTERN CAPE

186

Amathole Area

27

East London Area

11

Kirkwood Area

17

Mthatha Area

64

Sada Area

8

St. Albans Area

59

GAUTENG

394

Baviaanspoort Area

3

Boksburg Area

48

Johannesburg Area

85

Krugersdorp Area

15

Leeuwkop Area

126

Modderbee Area

20

Pretoria Area

93

Zonderwater Area

4

KWAZULU-NATAL

353

Durban Area

115

Empangeni Area

36

Glencoe Area

11

Kokstad Area

8

Ncome Area

21

Pietermaritzburg Area

146

Waterval Area

16

LIMPOPO, MPUMALANGA AND NORTH WEST (LMN)

162

Barberton Area

40

Bethal Area

10

Klerksdorp Area

9

Polokwane Area

26

Rooigrond Area

20

Rustenburg Area

28

Thohoyandou Area

22

Witbank Area

7

NORTHERN CAPE AND FREE STATE (FS&NC)

88

Goedemoed Area

1

Groenpunt Area

38

Grootvlei Area

16

Kimberley Area

10

Kroonstad Area

16

Upington Area

7

WESTERN CAPE

58

Allandale Area

1

Brandvlei Area

1

Drakenstein Area

14

George Area

10

Helderstroom Area

5

Malmesbury Area

6

Pollsmoor Area

13

Voorberg Area

2

Worcester Area

6

GRAND TOTAL

1 241

(b)

Year served by offenders serving life sentence, before released on parole

Number of offenders serving life sentence, released on parole, after serving from 13 to 33 years in a correctional facility.

13 Years

14

14 Years

54

15 Years

131

16 Years

189

17 Years

205

18 Years

184

19 Years

107

20 Years

106

21 Years

94

22 Years

58

23 Years

36

24 Years

23

25 Years

17

26 Years

11

27 Years

4

28 Years

3

29 Years

3

30 Years

1

33 Years

1

GRAND TOTAL

1 241

*Please take note: The totals in this table is for revocation, which includes offenders who committed crime and/or violated their parole conditions.

(c) LIFER REVOCATIONS

REGION

2015/2016

2016/2017

2017/2018

2018/2019

2019/2020

TOTAL

EC

2

1

2

3

1

9

GAUTENG

2

2

2

 

1

7

FS/NC

 

1

   

2

3

KZN

       

2

2

WC

     

1

 

1

LMN

 

2

     

2

TOTAL

4

6

4

4

6

24

(2) In ensuring compliance to conditions of monitoring, offenders are monitored through telephonic contact, physical visits at work if discussed and agreed upon by offender and employer and physical visit at home, during the week, weekends and public holidays (after hours visits included)

Compulsory visits by offender to the community corrections offices / sub-office /service points and where physical monitoring cannot be done due to certain circumstances; alternative measures are made or taken by the Head of Community Corrections to ensure that the offender is monitored.

All offenders placed under the system of community corrections are subjected to the Admission Risk Reclassification tool to determine the level of supervision unless stated otherwise by Court/ CSPB. Monitoring is therefore conducted in line with the offender’s categories and monitored as follows:

Condition

High Risk category

Medium Risk category

Low Risk Category

Minimum Number of contacts

Eight (08) contacts per month

Four (04) contacts per month

Two (02) contacts per month

Physical visit at home

A minimum of one face-to-face visits per week to the offender by the Reintegration Case Official

A minimum of one face-to-face visit per month

A minimum of one face-to-face visit every two months

Physical visit at work

A minimum of one monthly face-to-face visit

A minimum of one face-to-face visit every two months

Minimum of one quarterly face-to-face visit

Physical visit at community service

A minimum of one face-to-face visits per month

A minimum of one face-to-face visits per month

A minimum of one face-to-face visits per quarter

Compulsory visit by offender to the community corrections office

Minimum of one monthly face-to-face contact (office consultation)

A minimum of one face-to-face contact every two months (office consultation

A minimum of one face-to-face visit every two months (office consultation

(3)(a) The following are programmes available:

Correctional Programmes:

There are thirteen (13) Correctional Programmes aimed at addressing specific offending behaviour of offenders, aimed at creating awareness and improving the life skills of offenders. The programmes are namely:

  1. New Beginnings Orientation (orientation programme to offenders newly admitted to a Correctional Centre)  
  2. Anger Management
  3. Cross Roads (focusing on life skills)
  4. Restorative Justice Orientation
  5. Sexual Offences
  6. Substance Abuse
  7. Behaviour Modification Programme on Gangsterism
  8. Economic Crime Programme (fraud related)
  9. Economic Crime Programme (theft related)
  10. Programme on Murder and related offences
  11. Programme on Robbery and related offences
  12. Correctional Programme for Female Offenders
  13. Pre-Release

Correctional Programmes are non-therapeutic in nature and are rendered in the group mode. 

 

Social Work Programmes:

The Social Workers render the following therapeutic programmes to offenders in individual or groups settings:

  1. Anger Management Programme
  2. Sexual Offender Treatment Programme
  3. Substance Abuse Programme
  4. Youth Resilience Enhancement Programme
  5. Youth Resilience Enhancement Programme
  6. Cool and Fit for Life (Youth Programme)
  7. Elderly Offender Programme
  8. Sisonke Family and Marriage Care Programme
  9. Parenting Skills Programme

Psychological Services:

Psychologists render individual therapeutic services to sentenced offenders. These services are based on the offender’s risks and needs identified. A treatment plan is compiled to outline the specific intervention that will be best suited to the offender. When needed, a psychotherapeutic process will be initiated to address the identified risks and needs with the aim of developing better mental health, correcting offending behaviour, and assisting with movement towards successful rehabilitation.

Some offenders whose profiles are being compiled for parole purposes sometimes need to have a psychological report on their profile. These offenders are usually offenders who pose higher risks, offenders with longer sentences, and offenders who committed serious aggressive and sexual crimes (robbery, rape and murder).

(3)(b) For 2019/20 financial year an amount of R51, 155 mil is allocated for Community Reintegration programmes.

END

11 August 2020 - NW548

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

Whether all reports submitted to the (a) Commissioner and (b) Correctional Supervision and Parole Boards (CSPBs) by Case Management Committees contain all the information required by section 42(2)(d) and 42(2)(e) of the Correctional Services Act, Act 111 of 1998; if not, why not; (2) whether the Commissioner or CSPBs consider the application by an offender for placement on parole on the basis of an incomplete report; if not, on what basis are such offenders released on parole; if so, why?

Reply:

(1)(a)(b) Yes, profile reports submitted to the Head of Correctional Centres (HCC) or Correctional Supervision and Parole Board (CSPBs) have to meet the requirements of sections 42(2)(d) and 42(2)(e) of the Correctional Services Act, Act 111 of 1998.

Remarks and orders given by sentencing court are adhered to, it is however worth mentioning that there are challenges in obtaining documents such as sentence remarks, SAP62 and SAP69 in some cases from courts and SAPS.

Sentence remarks are mandatory in determining an effective intervention and treatment plan targeting offending behaviour based on accurate assessment of individual offender risks and needs. In the absence of sentence remarks the documents, reports by professionals are to a larger extent one sided and based on known events leading to misdiagnosis that doesn’t target offending behaviour. Reporting and management of risks can be compromised by non-availability of the same sentence remarks and previous convictions which inform the risk reports.

Where these documents were not provided by the abovementioned stakeholders, a report is attached on the profile report explaining attempts made to obtain the documents and the courts as well as SAPS response thereto. The implementation of the Integrated Criminal Justice System (ICJS) by the JCPS cluster value chain will ensure this is avoided.

It is also important to mention that upon admission offenders are assessed, Correctional Sentence Plans are compiled and updated during the serving of sentence. The Correctional Sentence Plans prescribe programmes that offenders must be subjected to and whether such programmes are to be offered by Correctional Intervention Officials, Social Workers or Psychologists. Therefore, some profile reports will not have a report of Psychologist if there was no need identified; in particular offenders serving short sentences and non-violent offences and this does not mean that the profile report is incomplete.

As prescribed by Section 42(2) (e) of the Correctional Services Act, Act 111 of 1998 (‘the CSA”), the Case Management Committees (CMCs) do submit reports as contemplated in paragraph (d) to the Head of Correctional Centre in respect of any offenders sentenced to incarceration for 24 months or less. The submission is a short version of a profile report due to short period of time to be served. In this category, offenders can only be exposed to life skills programmes and pre-release programmes depending on the length of sentence, meaning not all information per reports may be available and this does not mean that the profile report is incomplete.

2. No, incomplete profile reports are not considered. Offenders do not apply for parole as the parole consideration process is initiated by the Case Management Committees (CMCs) by compiling profile reports about 6 months before offenders reach their legislated minimum detention periods. The Heads of Correctional Centre (to whom the National Commissioner has delegated his powers consider offenders serving 24 months or less) or Correctional Supervision and Parole Boards (CSPBs) quality check profile reports received from the CMCs and those with short comings are referred back to the CMCs for rectification.

Where documents such as sentence remarks cannot be provided by some courts, a report is attached to the profile reports explaining attempts made to obtain the sentence remarks and courts’ response thereto. Where a CSPB approves placement on parole based on an incomplete profile report or before an offender attends a prescribed programme, such a decision will be subject to review by the Correctional Supervision and Parole Review Board.

END

11 August 2020 - NW561

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister of Justice and Correctional Services

What (a) is the current vacancy rate of his Department of Justice and Constitutional Development and (b) number of (i) critical posts are vacant, (ii) senior management service positions are vacant, (iii) acting positions are there at senior management level and (iv) vacancies are there at the (aa) State Attorney’s Office and (bb) Master’s Office?

Reply:

a) The Department of Justice and Constitutional Development embarked on a process of reprioritizing vacant posts in line with the National a) Treasury Instruction No. 2 of 2016/17 issued on 30 September 2016 and Notice 3 of 2017/18 published on 15 May 2017 as a result of the Cost Containment Measures (reduction of wage bill). The overall vacancy rate, as at 31 March 2020, was at 14% which translates to 2 567 vacant posts. However, after the reprioritization process, the vacancy rate of critical posts stood at 6.6%, which translates to 1 118 critical vacant posts.

b) (i) Regarding the number of critical posts which are vacant, Human Resources Management indicates that there are 1 118 vacant critical posts on PERSAL.

(ii) There are 44 Senior Management Services (SMS) vacant positions, which translates to a 25% SMS vacancy rate.

(iii) The information regarding vacant Senior Management Services’ posts and where acting appointments have been made, is as follows:

  • Acting Chief Master: Mrs T Bezuidenhout has been appointed until 30 June 2020;
  • Acting Deputy Director-General: Corporate Services: Mr D Mpholo has been appointed until 30 June 2020;
  • Acting Director: Human Resources Customer Management Centre: Ms N Jacobs until 30 June 2020;
  • Acting Director: Employee Relations: Mr T Sadiki until 30 June 2020;
  • Acting Director-General: Advocate JB Skosana was appointed until 31 July 2020 –
  • Acting Chief State Law Advisor: Advocate SM Masapu has been appointed until 30 June 2020;
  • Acting Head of Justice College: Advocate B Makhene-Gadini has been appointed until 30 June 2020;
  • Acting Regional Head: Western Cape: Mr R Isaacs has been appointed until 30 June 2020;
  • Acting Regional Head: Mpumalanga: Mr P M Mthimunye has been appointed until 30 June 2020;
  • Acting Regional Head: North-West: Mr J Makutle has been appointed until 30 June 2020.

(iv) (aa) There are 151 vacant posts at Offices of the State Attorney, wherein 58 vacant posts have been reprioritized as critical, which translates to a 7.1% vacancy rate.

(bb) The numbers of vacancies at the Masters’ Office, are as follows:

There are currently 156 vacant posts in the Masters’ Office, 79 of which became vacant as from 1 April 2018. This translates to a vacancy rate of

12.1%.

Furthermore, the following SMS positions have been advertised for filling:

(i) Chief Master: Advertised on 29 November 2019 and re-advertised on 20 January 2020. Process to fill the post, has commenced.

(ii) Deputy Director-General: Corporate Services: Advertised on 29 November 2019. Process to fill the post, has commenced.

(iii) Director: Employee Relations: Advertised on 20 January 2020. The post has been filled by transfer from the Department of Correctional Services.

(iv) Director-General of the DoJ&CD: Advertised on 20 January 2020, and awaiting the Presidency’s permission to go ahead with the filling of the post.

(v) Chief State Law Advisor: Advertised on 23 March 2020.

I further wish to inform the Honourable Member that I regard the filling of these vacant senior management services’ posts as crucial. The Acting Director-General has appointed a designated official in his office to accelerate the filling of these posts and co-ordinate the process of reviewing the organizational structure of the Department, in consultation with my office, the relevant Managers of the Branches concerned, and the Human Resources Management unit. The advertising and filling of vacant posts will be done in compliance with the Department of Public Service and Administration Circular No. 19 of 2020, dated 14 May 2020.

11 August 2020 - NW701

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

Whether he has found that the different measures that his department has adopted to combat the abuse of the rights of women and children has been successful in achieving that purpose; if not, (a) why have the measures not been successful and (b) what further steps will his department take in this regard; if so, why does the abuse of the rights of women and children seem to continue unabated?

Reply:

The projects regarding the establishment of Sexual Offences Courts in the Regional Courts, are yielding results, as part of the mechanisms to respond to and assist victims of gender based violence, in particular sexual offences. To date, 106 Sexual Offences Courts and 55 Thuthuzela Care Centres have been established.

With regards to the implementation of the Femicide Watch, the first phase to create a Dashboard of Femicide cases which assists the Department and Justice, Crime Prevention and Security (JCPS) Cluster to have the necessary information available regarding these heinous crimes, has been completed. The subsequent phases to assist in combating these horrendous crimes, are still work in progress.

(a) Until the society deals with the core drivers of Gender-Based Violence and Femicide (GBVC), the court system might continue to fight a losing battle. The GBVF pandemic has direct bearings on strong patriarchal social norms, complex gender inequalities, socio-economic inequalities and its ailments, poor women empowerment, family dysfunction and unaccountability, and the low social value attached to female life; hence the upward spiral of femicide in the country. With the persistent downward spiral of the economy and the unemployment rate, and together with their harsh ramifications on families, efforts made by the court system may continue to struggle to reach the expected impact.

Therefore, the solution to GBVF does not lie with courts alone. It has been proven that greater incarceration and retributive justice often focus on symptomatic relief; hence the need for interventions with society at large to act collectively against the social ills that continue to breed violence against women and children. Until then, our courts may continue to fight a losing battle.

As it is said, an ounce of prevention is worth a pound of cure. The country needs to boost up its efforts on intervention. However, the focus on prevention cannot be placed primarily on the court system as courts are positioned in the criminal justice system to get involved after the fact.

b The Department has immensely contributed in the development of globally-competitive pieces of legislation on GBVF. These include the Domestic Violence Act, 1998 (Act No. 116 of 1998), Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), Protection from Harassment Act, 2011 (Act No. 17 of 2011), and the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013). Despite the wealth of this legal framework, South Africa has been criticised by the United Nations for struggling to bridge the gulf between paper law and action. However, it must be noted that poor implementation is a widespread challenge that many progressive countries are battling with, but with the recent introduction of the 2019 Presidential Summit Declaration against GBVF and its National Strategic Plan, South Africa is set to change this scenario. With the request of the Presidency, the Department led the process of developing this Declaration with government and civil society.

The abuse of women and children continues to increase and there are various reasons for this. At the heart of this challenge, is the patriarchal orientation of society which is fermented by gender prejudices and other forms of gender stereotypes.

The fight against the scourge of gender-based violence and other forms of women abuse is a battle that the society as a whole must embrace. Therefore, the Department’s efforts through for example, Sexual Offences Courts and awareness campaigns, should be seen as part of a bigger societal campaign to eradicate women and child abuse.

11 August 2020 - NW922

Profile picture: Mulder, Mr FJ

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

Whether his department awarded any tenders connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) are the names of the businesses to whom these tenders were awarded, (b) are the amounts of each tender awarded and (c) was the service and/or product to be supplied by each business; (2) Whether there was any deviation from the standard supply chain management procedures in the awarding of the tenders; if so, (a) why and (b) what are the relevant details in each case; (3) What was the reason for which each specified business was awarded the specified tender; and (4) Whether he will make a statement on the matter?

Reply:

  1. The Department of Justice and Constitutional Development has informed me that no tender was awarded since procurement of Personal Protective Equipment (PPEs) was lower than the tender threshold of R500 000.00. Senior Managers and Court Managers use their existing delegations to procure PPEs from the service providers already in the Central Supplier Database.
  2. Falls away, due to the response above.
  3. Falls away.
  4. Falls away.

11 August 2020 - NW1001

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August, Mr SN to ask the Minister of Justice and Correctional Services

Whether, given the settlement agreement in 2018 between his department and the Departmental Bargaining Chamber on Phase 02 of the Occupational Specific Dispensation for Correctional Services Officials with former Minister of Correctional Services Mr Michael Mashuta, which was envisaged to conclude no later than 31 March 2020, the specified settlement agreement has been concluded; if not, why not; if so, by what date will the remaining beneficiaries be paid?

Reply:

The Settlement agreement 01 of 2016 on OSD for Correctional officials was concluded on 21 November 2016 and had a life span of three (03) years for implementation.

All serving officials on the system of Correctional Services were paid on the agreed preventatives measures for each specified year.

The status of payments to officials whose services were terminated through resignation or a dismissal are as follows:

  • Officials who resigned and were reappointed as ex officials in terms of the special recruitment became active on the system i.e. Persal and as such all outstanding monies owed to the officials were accordingly paid.
  • Partial payments have been finalised in respect of audited cases of terminated officials;
  • Approximately two thousand (2000) cases remain and payments are made when relevant documents have been received, captured and audited.

END

11 August 2020 - NW1094

Profile picture: Breytenbach, Adv G

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

What number of cases that emanate from the lockdown regulations since the inception of the lockdown have been referred to the National Prosecuting Authority for decision; (2) what number of the referred cases have been (a) withdrawn and (b) returned for further investigation; (3) (a) what number of the referred cases have been placed on a court roll and (b) on which court rolls were the cases placed?

Reply:

(1) The NPA, in line with the modernization approach enunciated by the Minister of Justice and Correctional Services, monitored the enrolment of all Covid-19 cases from the integrated electronic case management dataset. During the lockdown period up to 9 June 2020 (date of response), the courts dealt with 18 355 first appearance cases related to Covid-19 contraventions, with 39 089 accused.

(2)(a) A total of 776 cases were withdrawn during the said period, which represents 4% of the total first appearance cases.

(2)(b) A total of 12 354 (67.3%) cases are still open and postponed for future date. Further investigation is directed by the prosecutors to ensure that the case may be finalised on the next court appearance date.

3(a) A total of 18 355 first appearance cases were enrolled. The integrated system only includes cases enrolled. Cases referred for decision are not yet electronically recorded but this model is being developed. The data relating to decision dockets is therefore not yet available from the said integrated system.

However, during the Lockdown Alert Level 5 period (27 March 2020 – 30 April 2020), a manual collation process of information pertaining to Covid-19 contraventions indicated that almost 25% of first appearance cases were not enrolled, due to insufficient evidence. These dockets were referred for decision and further investigation, where applicable.

3(b) The majority of Covid-19 related cases (99%) were enrolled in the district courts and only one percent was directly enrolled in the regional courts.

11 August 2020 - NW1275

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

What was the total number of criminal cases deemed as being part of the backlog roll in (a) regional courts and (b) district courts on (i) 25 March 2020 and (ii) 25 May 2020?

Reply:

The Department of Justice and Constitutional Development and the National Prosecuting Authority, define backlog cases as cases being in the backlog based age analysis of the court roll. For the district courts, cases that are older than six months will be regarded as being in the backlog, while for the regional courts, cases which are older than nine months will be regarded as being in the backlog.

At the end of March 2020, a total of 194 225 cases were carried forward to the next financial year that commenced in April 2020. In addition to the cases carried forward, a total of 70 667 cases were enrolled during the lockdown period in April and May 2020, the majority of which were postponed to a date after the lockdown period.

The disruption in the optimal use of courts resulted in an increase in the number of outstanding cases in the lower courts. At the end of May 2020, compared to the outstanding roll and backlog cases at the end of March 2020, the outstanding case-loads in (a) Regional Courts, increased by 1%, and (b) in District Courts, by 18%.

A similar increase was noted in the backlog of cases. At the end of May 2020, the backlog of cases in (a) the Regional Courts, increased by 14%, and (b) in the district courts, by 63%.

END

11 August 2020 - NW1334

Profile picture: Julius, Mr J

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

What total number of (a) cases of illegal invasion of land owned by the State was prosecuted and (b) the specified prosecutions were successful in each (i) province and (ii) of the past five financial years?

Reply:

I have been informed by the National Prosecuting Authority and the Department of Justice and Constitutional Development, that statistics relating to (a) cases of illegal invasion of land owned by the State which were prosecuted and (b) the number of specified successful prosecutions in each (i) province and (ii) of the past five financial years, are not kept.

Such invasion of State property would normally constitute the civil offence of trespass. Complaints in this regard, would be submitted by Municipalities. There is no record of cases opened by Municipalities against trespassers in this regard.

The usual practice is that Municipalities would initiate civil proceedings and seek a court order for the eviction of unlawful land invaders. These cases would normally be enrolled on the civil case roll in various Magistrates’ Districts.

Some of these civil cases are often also settled out of court with the result that no case is actually registered on the court roll, in such circumstances. It is for this reason that the statistics of these civil cases, are not readily available.

11 August 2020 - NW1447

Profile picture: Terblanche, Mr OS

Terblanche, Mr OS to ask the Minister of Justice and Correctional Services

What are the (a) total number of cases related to arrests for contravention of any Covid-19 related regulations referred to his department by the SA Police Service since 26 March 2020 that resulted in successful prosecutions and (b) are the details of the convictions in each case?

Reply:

(a) All cases referred to the National Prosecuting Authority (NPA) are screened and if a reasonable prospect of success is determined by the screening prosecutor, the case is enrolled and registered on the Integrated Case Management System. The total number of first appearance cases relating to the contravention of regulations in terms of the Disaster Management Act and registered during the period 26 March 2020 to 30 June 2020 is indicated in the table below:

ALERT LEVEL

CASES

ACCUSED

L5 (26 March - 30 April)

12 768

27 947

L4 (May)

8 487

14 275

L3 (June)

2 837

4 590

TOTAL

24 092

46 812

Data extracted from the integrated case management system

(b) (i) The number of convicted cases per Alert Level is indicated in the table below:

ALERT LEVEL

CASES CONVICTED

ACCUSED

L5 (26 Mar - 30 Apr)

910

1 567

L4 (May)

591

899

L3 (Jun)

71

96

TOTAL

1 572

2 562

Data extracted from the integrated case management system

(ii) A breakdown of the total of 1 572 convicted cases per contravention and per Alert

Level, is tabulated below. The majority of convicted cases relate to the failure to confine to residence during the lockdown period:

ALERT LEVEL AND CONTRAVENTION

CASES

ACCUSED

Level 3 (June)

71

96

Convening a gathering or hindering, interfering with, or obstructing an enforcement officer in the exercise of his or her powers, or the performance of his or her duties for the duration of the national state of disaster in Alert Level 4

1

1

Disclosing any information contained in the COVID-19 Tracing Database or any information obtained during the duration of the national state of disaster without authority

1

1

Failure by any business or other entity other than a business or entity involved in the manufacturing, supply, or provision of an essential good or service to cease operations during the lockdown

1

1

Failure to be confined to one's place of residence for the duration of the national state of disaster in Alert Level 4

5

11

Failure to be confined to one's place of residence from 20H00 until 05H00 daily for the duration of the national state of disaster in Alert Level 4, other as permitted by law

10

10

Failure to comply with a prohibition of movement between provinces during the period of the lockdown

4

6

Failure to confine oneself to his or her place of residence during the period of the lockdown

27

36

Failure to keep closed a listed place or premises normally open to the public or where people may gather for the duration of the national state of disaster in Alert Level 4

1

1

Moving between provinces, metropolitan areas and districts of the national state of disaster in Alert Level 4, other than as provided for in law

6

14

Operating a commuter transport services, passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport contrary to Disaster Management Regulations

5

5

Operating a retail store or shopping mall during the lockdown period other than for selling essential goods and/or failure to comply with prescribed safety measures

2

2

Selling of tobacco, tobacco products, e- cigarettes and related products for the duration of the national state of disaster in Alert Level 4

5

5

Selling tobacco, tobacco products, e-cigarettes and related products, other than for export during the duration of the national state of disaster under Alert Level 3

2

2

Selling, dispensing and distribution of liquor during the duration of the national state of disaster in Alert Level 4

1

1

Level 4 (May)

591

899

Convene and/or attend a gathering as defined during the period of lockdown

7

7

Convening a gathering in contravention of the Disaster Management Act Regulations

15

57

Convening a gathering or hindering, interfering with, or obstructing an enforcement officer in the exercise of his or her powers, or the performance of his or her duties for the duration of the national state of disaster in Alert Level 4

5

5

Failure by a place not involved in the provision of essential goods or service to remain closed to all persons during the duration of the lockdown

6

6

Failure by an electronic communications service provider to comply with a directive by the Director-General: Health to provide information for inclusion in the COVID-19 Tracing Database

1

1

Failure by any business or other entity other than a business or entity involved in the manufacturing, supply, or provision of an essential good or service to cease operations during the lockdown

7

7

Failure to be confined to one's place of residence for the duration of the national state of disaster in Alert Level 4

92

124

Failure to be confined to one's place of residence from 20H00 until 05H00 daily for the duration of the national state of disaster in Alert Level 4, other as permitted by law

27

33

Failure to comply with a prohibition of movement between provinces during the period of the lockdown

29

43

Failure to comply with a prohibition of movement between the metropolitan and district areas during the period of the lockdown

19

23

Failure to confine oneself to his or her place of residence during the period of the lockdown

323

527

Failure to keep closed a listed place or premises normally open to the public or where people may gather for the duration of the national state of disaster in Alert Level 4

3

3

Issuing of special or events liquor licensing during the duration of the national state of disaster

1

3

Leaving one's place of residence during the duration of the national state of disaster in Alert Level 4 other than as permitted by law

11

11

Misrepresenting that one is or any other person is infected with COVID -19

1

1

Moving between provinces, metropolitan areas and districts of the national state of disaster in Alert Level 4, other than as provided for in law

9

9

Natural Persons: Failure to comply with request made by National Disaster Management Centre / Provincial Disaster Management Centre / Municipal Disaster Management Centre

1

1

Operating a commuter transport services, passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport contrary to Disaster Management Regulations

3

5

Operating a retail store or shopping mall during the lockdown period other than for selling essential goods and/or failure to comply with prescribed safety measures

10

10

Selling of tobacco, tobacco products, e- cigarettes and related products for the duration of the national state of disaster in Alert Level 4

15

16

Selling other goods by a retail store that are not permitted to be sold in terms of the Table 1 duration of the national state of disaster in Alert Level 4

1

1

Selling, dispensing and distribution of liquor during the duration of the national state of disaster in Alert Level 4

2

3

Transporting liquor during the duration of the national state of disaster in Alert Level 4 other than where alcohol is required for an authorised purpose

3

3

Level 5 (26 March - 30 April)

910

1 567

Convene and/or attend a gathering as defined during the period of lockdown

12

13

Convening a gathering in contravention of the Disaster Management Act Regulations

52

234

Corporation(s)/Firm(s) : Failure to comply with request made by National Disaster Management Centre / Provincial Disaster Management Centre / Municipal Disaster Management Centre

1

1

Evicting a person(s) from his/her/their formal or informal residence or a farm dwelling place of residence during the lockdown period

1

1

Failure by a place not involved in the provision of essential goods or service to remain closed to all persons during the duration of the lockdown

11

11

Failure by an electronic communications service provider to comply with a directive by the Director-General: Health to provide information for inclusion in the COVID-19 Tracing Database

3

3

Failure by any business or other entity other than a business or entity involved in the

19

22

     

manufacturing, supply, or provision of an essential good or service to cease operations during the lockdown

   

Failure by premises selling liquor which provide accommodation to implement measures to stop the spread of COVID-19

1

1

Failure to be confined to one's place of residence for the duration of the national state of disaster in Alert Level 4

2

2

Failure to close a place or premises normally open to the public where religious, cultural, sporting, entertainment. recreational, exhibitional, organisational or similar activities may take place, during the duration of the national state of disaster in

2

2

Failure to comply with a prohibition of movement between provinces during the period of the lockdown

11

11

Failure to comply with a prohibition of movement between the metropolitan and district areas during the period of the lockdown

8

10

Failure to confine oneself to his or her place of residence during the period of the lockdown

750

1 215

Misrepresentation of own or any persons infected status with COVID-19

1

1

Natural Persons: Failure to comply with request made by National Disaster Management Centre / Provincial Disaster Management Centre / Municipal Disaster Management Centre

3

3

Operating a commuter transport services, passenger rail services, bus services, taxi services, e-hailing services, maritime and air passenger transport contrary to Disaster Management Regulations

5

5

Operating a retail store or shopping mall during the lockdown period other than for selling essential goods and/or failure to comply with prescribed safety measures

27

31

Permitting more than 50 persons at premises where liquor is sold and consumed in contravention of the Disaster Management Act Regulations

1

1

(iii) The courts imposed the following sentences in the 1 572 convicted cases:

Alert Level and Sentence

Total Cases

Level 3 (June)

71

Cautioned

7

Court Fine

36

Deferred Fine

7

Fine Option

14

Imprisonment

3

Suspended Wholly

4

Level 4 (May)

591

Cautioned

58

Correctional Supervision

1

Court Fine

94

Deferred Fine

92

Diversion

1

Fine Option

202

Imprisonment

24

Sentence Postponed

3

Suspended Partially

3

Suspended Wholly

113

Level 5 (26 March - 30 April)

910

Cautioned

118

Community Service

1

Court Fine

141

Deferred Fine

91

Diversion

1

Fine Option

319

Habitual Criminal

1

Imprisonment

61

Suspended Partially

9

Suspended Wholly

168

Total

1 572

END

11 August 2020 - NW1454

Profile picture: Horn, Mr W

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

What total number of (a) the 14 647 inmates who benefited from the remission of sentences announced on 16 December 2019 by the President of the Republic, Mr M.C Ramaphosa, are among the 19 000 inmates due to be released as part of the COVID-19 parole dispensation and (b) inmates only qualified to be released because they have benefited from both the 2019 remission and the criteria applicable to the COVID-19 parole dispensation?

Reply:

Special Remission refers to a reduction of the sentences of incarcerated offenders, probationers and parolees with a period as determined by the President. On
16 December 2019 the President of the Republic, Mr M.C Ramaphosa announced the reduction of sentence for all sentenced offenders including probationers and parolees by 12 months. An additional 06 months special remission was granted for categories with non-violent crimes.

The special parole dispensation due to COVID-19 means that the selected low risk offenders’ minimum detention periods were advanced for consideration for placement.

(a) None. The 14 647 inmates referred to are those whose sentences (due to the remission), expired resulting in them exiting the correctional services system.

(b) Due to long sentences imposed by the courts, a total of 9 617 offenders benefitted from the 2019 Special Remission and they did not qualify for release and placement on parole. However, the 2020 COVID-19 Special Parole Dispensation has advanced their dates for consideration of parole placement.

As indicated, only low-risk offenders who meet all the requirements and conditions for placement on parole, will be placed on parole. The requirement that only offenders who have undergone relevant rehabilitation programmes aimed at addressing their offending behaviour would qualify for placement as this would minimise the risk of re-offending.

Every qualifying sentenced offender’s profile will be assessed and considered individually by the Parole Boards before they make their recommendations for placement on parole. This will include affording victims the opportunity to make representations why an offender should not be placed on parole. All relevant factors will be taken into consideration during this process, which will include any prior convictions for violent offences committed.

END

11 August 2020 - NW546

Profile picture: Selfe, Mr J

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

(a) What number of mentally ill persons are accommodated in correctional centers and (b) in which correctional centers are they accommodated; (2) whether social and psychological services are provided by his department to support all such mentally ill persons and to support their mental health; if not, (a) why not and (b) what steps are being taken to accommodate them elsewhere?

Reply:

(1)(a) and (b)Total Number of mentally ill persons (inmates) and centres

(1)(a) Total Number of mentally ill persons (inmates)

(1)(b) Name of Correctional Centre

02

Fort Beaufort

03

Grahams town

33

King Williams town

19

Middle drift

25

East London (EL) Medium A

19

EL Medium B

16

EL Medium C

20

Mdantsane

18

Kirkwood

70

Mthatha medium

36

Mthatha Remand

19

Burgers Dorp

18

Butterworth

02

Dutywa

11

Middleburg

03

Ngcobo

07

Queenstown

08

Sada

01

Sturkspruit

37

St Albans Medium A

43

St Albans Medium B

63

St Albans Maximum

08

Patensie

21

Port Elizabeth

73

Grootvlei Medium A

11

Grootvlei Medium B

02

Winburg

01

Brandfort

245

Mangaung

42

Groenpunt Maximum

22

Groenpunt Medium

03

Groenpunt Youth

24

Vereeniging

11

Sasolburg

01

Heilbron

01

Frankfort

63

Tswelopele

16

Kimberley

30

BizzahMakhate Centre A

06

BizzahMakhate Centre B

41

BizzahMakhate Centre C

02

Bethlehem

03

Ficksburg

09

Harrismith

01

Hennenman

03

Odendaalsrus

06

Virginia

01

Colesberg

01

Hopetown

05

De Aar

02

Richmond

07

Victoria West

20

Upington

7

Springbok

10

Kuruman

4

Goedemoed Medium A

17

Goedemoed Medium B

03

Emthonjeni Youth

35

Baviaanspoort Medium Centre

24

Baviaanspoort Maximum Centre

55

Boksburg Centre A

06

Boksburg Juvenile

09

Heidelberg

62

Johannesburg (JHB) Centre A

94

JHB Centre B

42

JHB Centre C

60

JHB Female Centre

105

KgošiMampuru II (KM II) Central

55

KM II Local

18

KM II Female Centre

24

KM II C-Max

14

Atteridgeville

30

Odi Centre

40

Krugersdorp Medium Centre

44

Leeuwkop Medium A

22

Leeuwkop Medium B

33

Leeuwkop Medium C

61

Leeuwkop Maximum

141

Modderbee

07

Nigel Centre

74

Zonderwater Medium A

50

Zonderwater Medium B

77

Durban Medium A

97

Durban Medium B

10

Durban Medium C

7

Durban Medium D

15

Umzinto

27

Durban Female

55

Qalakabusha

1

Empangeni Medium

18

Eshowe

1

Maphumulo

1

Mthunzini

1

Bergville

1

Dundee

6

Estcourt

24

Glencoe

14

Ladysmith

9

Ebongweni

5

Kokstad Medium

2

Portshepstone

17

Ncome Medium A

25

Ncome Medium B

15

Vryheid

1

Nongoma

2

Nkandla

65

Pietermaritzburg Medium A

2

Pietermaritzburg Medium B

4

New Hanover

13

Sevontein

3

Ixopo

39

Waterval Medium A

19

Waterval Medium B

6

Ekuseni

6

Newcastle Male

2

Newcastle Female

29

Barberton Maximum

20

Barberton Medium B

4

Barberton Medium A

6

Town Youth

5

Lydenburg

23

Nelspruit

16

Bethal

20

Ermelo

5

Piet Retief

3

Volksrust

12

Standerton

23

Klerksdorp

29

Potchefstroom

02

Wolmaransstad

04

Christiaana

56

Polokwane

08

Modimolle

01

Tzaneen

28

Rooigrond Medium A

06

RooigrondMedium B

04

Lichtenburg

04

Zeerust

07

Mafikeng

24

Losperfontein

12

Mogwase

10

Rustenburg Med A

02

Rustenburg COE

46

Thohoyandou Medium A

64

Thohoyandou Medium B

12

Thohoyandou Female/Juvenile

13

Makhado

40

Witbank

12

Middelburg

172

Kutama-Sinthumule

27

Allandale

6

Hawequa

10

Obiqua

18

Paardeberg

42

Brandvlei Maximum

10

Brandvlei Medium

07

Brandvlei Youth Centre

26

Drakenstein Medium A

3

Drakenstein Medium B

63

Drakenstein Maximum

2

Stellenbosch

66

Goodwood

6

Buffeljagsrivier

2

Caledon

34

Overberg Medium

40

Overberg Maximum

89

Pollsmoor Remand Detention

50

Pollsmoor Medium A

18

Pollsmoor Medium B

4

Pollsmoor Medium C  

33

Pollsmoor Female

3

Beaufort West

31

George

4

Knysna

1

Ladismith

3

Mosselbay

5

Oudtshoorn Male

11

Oudsthoorn Female

1

Prince Albert

1

Uniondale

47

Malmesbury Med A

19

Malmesbury Med B

2

Voorberg Medium A

67

Voorberg Medium B

8

Vanrhynsdorp

18

Worcester Males

38

Worcester Females

2

Robertson

10

Dwarsrivier

14

Warmbokkeveld

TOTAL: 4 453

(2) (a) Social Work Services and Psychological Services are provided on a needs basis to all inmates including the mentally ill:

  • SOCIAL WORK SERVICES:NATURE OF SERVICES:
  • Intake services: Mentally ill inmates participate in intake processes where a SocialWorker engages them in the initial interview to determine the need as referred or at own request.
  • Assessment:Comprehensive assessments are conducted with individual mentally ill offenders to establish the real needs and for appropriate intervention plans to be compiled and implemented.
  • Support services: These services are rendered to mentally ill inmates and may range from information sharing to assistance with building and or maintaining family tieswhile incarcerated.

These offenders participate in either group or individual therapeutic programmes according to theneeds. Social Workers provide on-going psychosocial support to inmates and their families.

  • Referral services:These inmates are referred on a needs basis by Social Workers to other internal and or external professionals and service providers for further psychosocial assistance which includes specialized services.
  • Progress reports:Progress reports in respect of individual offenders including the mentally ill who participated in needs-based therapeutic Social Work services programmes are compiled and kept in the individual files.
  • PSYCHOLOGICAL SERVICES:
  • All new admissions with mental illness and those diagnosed with mental illness whilst incarcerated are referred to the psychologist by nursing staff or unit managers for assessment and management.
  • Psychologists assess mentally ill inmates and develop individualisedtreatment plans which may involve among others referral to other stakeholders (i.e. social workers, correctional officials, nurses and psychiatrists).
  • Psychologists run support groups that address mental health issues (i.e. anxiety and depression, psychological adjustment and suicide prevention).
  • Mentally ill inmates are at liberty to request for psychological services at any given time without referral.
  • Inmates that are actively mentally ill are assessed by the psychologist and referred to a psychiatrist.
  • Psychologists provide psycho-education to mentally ill inmates on understanding their diagnosis, treatment regime and management of their overall mental health. Psychologists provide on-going psychotherapy to mentally ill inmates.
  • Psychologists provide reports to the parole board regarding offender’s mental status and risks for recidivism.
  • Psychologists conduct awareness campaigns on mental health and recognize calendar events on mental health promotion (i.e. World Mental Health Day, Suicide Prevention Week and Mental Health Awareness Month).

(2) (b) Since 2019 a project was initiated by DoH (mental health unit) in collaboration with Department of Correctional Services and Justice to remove forensic cases especially state patients to designated mental health hospitals. Provincial Observation Panels, consisting of Psychologists, psychiatric nurses and mental health Social Workers have been established by the Department of Health to fast track observation processes to finalise court processes.

Inmates with acute mental health conditions are referred to Department of Health facilities for management and decision for admission to Mental Health institutions or returned to Department of Correctional Services.

Inmates with stable mental health conditions are managed by Department of Correctional Services in terms of the Mental Health Act 17 of 2002 which constitute the 4,453 inmates in Correctional Sentences

END

11 August 2020 - NW1528

Profile picture: Clarke, Ms M

Clarke, Ms M to ask the Minister of Justice and Correctional Services

(1)      Whether a certain person (name and details furnished) was suspended; if not, what is the position in this regard if so, (a)(i) on what date and (ii) for what reason was the person suspended and (b) what has been the cost to the State in terms of remuneration since the person was suspended; (2) Whether any official was appointed in an acting capacity; if so, (a) what is the name of the specified official, (b) what is the cost of the post to the State and (c) for how long has the specified official been employed in the specified post; (3) Whether any internal investigation has been conducted into the person’s suspension; if not, what is the position in this regard; if so, on what date will the case be concluded?

Reply:

(1) Yes.

(1)(a)(i) The mentioned official was suspended on 16 August 2019 for unrelated misconduct and re-instated on instruction of the Minister after PSC recommendation in November 2019. The mentioned official was again suspended on 02 December 2019.

(1)(a)(ii) The official was suspended due to him being implicated in investigations conducted by the Special Investigations Unit (SIU) under Proclamation10of2018. The Department received multiple disciplinary referrals from the SIU with regards to the official.

(1)(b) The cost to the State in terms of remuneration since the person was suspended is R528367.50

(2) Yes

(2)(a) MrJ.G Smalberger is the name of the official appointed to act in this capacity.

(2)(b) The cost of the post to the Statefrom01November2019todateisR1 014 393.92

(2)(c) The specified official has been employed in the specified post on contract basis since 01 November 2019.

(3) Yes, however due to the fact that the official is implicated in multiple disciplinary referrals the date of conclusion cannot be determined at this stage.

30 July 2020 - NW1402

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King, Ms C to ask the Minister of Justice and Correctional Services

(a) On what date did the MojaPay system crash and (b) which provinces have been affected by the crash of the MojaPay system; (2) what number of child maintenance beneficiaries have not received their funds since 1 March 2020; (3) whether the database of maintenance beneficiaries on the MojaPay system is accurate; if not, why not; (4) by what date does he envisage the MojaPay system will be completely operational?

Reply:

1 (a) The MojaPay system crashed on the evening of 4 May 2020. It unfortunately crashed during the Alert Level 4 lockdown, and as a result, several maintenance beneficiaries did not receive their maintenance benefits.

(b) All provinces were affected by the crash. However, the Eastern Cape (EC) and KwaZulu Natal (KZN) provinces were severely affected by the crash as the disruption was further exacerbated by the migration from the old payment system known as Justice Department of Accounting System (JDAS) to the new MojaPay system.

2. Approximately 1 500 beneficiaries were affected from 1 April 2020, and this resulted in several maintenance beneficiaries not receiving their monthly payments. The reasons for non-receipt of payments are two-fold:

(a) The closure of legacy JDAS system on 31 March 2020 interrupted the processing of payments for some courts primarily in the EC and KZN. In EC, the crash affected 622 maintenance beneficiaries, whereas in KZN only 47 beneficiaries were affected as at the end of June 2020. The closure of the JDAS system was due to the decision taken by the Department that all the beneficiaries who are not on Direct Payment, will have been migrated to MojaPay by 31 March 2020. However, it transpired that there were some courts that had not been able to migrate the beneficiaries’ data to MojaPay by 31 March 2020. The old JDAS system was closed in respect of the EC and KZN despite the fact that not all courts in the two (2) provinces had been successfully migrated to the MojaPay system.

(b) However, it must be noted that beneficiaries are still being migrated from the legacy system JDAS to MojaPay on daily basis. The total number of beneficiaries still to be migrated is approximately 6 500, mainly Eastern Cape and Western Cape compared to 245 000 beneficiaries migrated when the new system (MojaPay) started.

3. Yes, the database on MojaPay is accurate insofar as it reflects the data captured by end users as part of migration to the new system.

4. The MojaPay application has been restored incrementally from 12 May 2020 and is fully functional from 28 May 2020.

In conclusion, it is important to note that the migration from the old JDAS to the new MojaPay system is part of the Department’s endeavour to prevent possible duplicated payments and potential risks to the department’s financial accountability. The decision to nonetheless close the old system has severely affected the livelihoods of the maintenance beneficiaries. It is for this reason that I have directed the Acting Director-General to investigate this matter further. The investigation will include the cause of the crash and its wider impact, besides the maintenance payments. The investigation is with a view of ensuring that an appropriate corrective action is taken to avoid recurrence in the future.

 

30 July 2020 - NW1494

Profile picture: Masipa, Mr NP

Masipa, Mr NP to ask the Minister of Justice and Correctional Services

(a) What is the current status of the investigation by the Special Investigating Unit in terms of Proclamation R 7 of 2014, published in the Government Gazette No 37346 on 14 February 2014, and (b) by what date is it envisaged that the specified investigation will be concluded?

Reply:

I have been informed by the Special Investigating Unit (SIU) that Proclamation R7 of 2014 published in the Government Gazette No. 37346 on 14 February 2014, was amended by Proclamation R599 of 2015 published in the Government Gazette No. 38985 on 10 July 2015 and again amended by Proclamation R32 of 2017 published in the Government Gazette No. 41165 on 6 October 2017.

Proclamation R7 of 2014 and certain amendments of Proclamation R599 of 2015 investigated matters: (1) at the Bloemfontein, Cape Town and Pretoria Registrar of Deeds Offices; and also investigated (2) irregularities by the Department of Rural Development and Land Reform in relation to the e-Cadastre Project (Gijima).

The investigations into matters (1) and (2) above have been concluded and the final

reports were submitted to the Presidency on 26 March 2020.

Proclamation R599 of 2015 mandated the SIU to investigate matters at the Johannesburg Registrar of Deeds. Proclamation R32 of 2017 mandated the SIU to investigate matters at the Vryburg Registrar of Deeds. Both investigations are still ongoing and they are expected to be completed by the end of the 2020/2021 financial year.

29 July 2020 - NW410

Profile picture: Kohler-Barnard, Ms D

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

What (a) is the total number of (i)(aa) male and (bb) female persons, who were sentenced to life imprisonment since 10 May 1994, and (ii) persons whose death sentences were converted to life imprisonment and (b) number of the specified persons (i) have died in prison while serving sentence, (ii) have been released due to successful appeals against convictions and/or sentences, (iii) have been released on parole, (iv) have had life sentences converted to correctional supervision and released from prison and (v) are currently still serving sentences of life imprisonment?

Reply:

Question

Total Number

(a)(i)(aa) since 10 May 1994 total male

(The 16 active + 13 inactive male = Total 29, death sentence converted to life is already included in this number)

20 167

(a)(i)(bb) since 10 May 1994total female

(The 2 inactive female death sentence converted to life is already included in this number)

254

Grand Total

(The 16 active males + 13 inactive male (29) + 2 inactive female =

(Total 31), death sentence converted to life is already included in this number)

20 421

(a)(ii)

total death converted to life

(Total death converted to life imprisonment is calculated as follows;

(16) Active + (15) Inactive = Total 31

31

Stand alone

Active Death sentences converted to life

(The16 active death sentence converted to life is already include within the Grand Total of life sentenced after 10 May 1994 it is therefore NOT counted again)

16

Not counted again

Inactive Death sentences converted to life

(The 15 inactive death sentence converted to life are no longer forming part of the remaining number of those who are still serving life imprisonment and is therefore SUBTRACTED from the Grand Total)

15

Minus from grand total

(b)(i) since 10 May 1994

total died whilst serving sentence

1 268

Minus from grand total

(b)(ii) since 10 May 1994

released due to successful appeals against sentence or conviction

0

(b)(iii) since 10 May 1994

released on parole

1 174

Minus from grand total

(b)(iv) since 10 May 1994

life sentences converted to correctional supervision and released from prison

0

(b)(v) since 10 May 1994

currently still serving sentences of life imprisonment

16 798

Take note: 1166 offenders are reflected as ‘other’, because their statuses fall outside the questions asked. It is however necessary to reflect the number as to ensure the alignment with the current number of offenders who are still serving sentences of life imprisonment.

Other

(Inactive, not returned from court, bail pending appeal etc.)

1 166

Minus from grand total

END

15 July 2020 - NW1117

Profile picture: Horn, Mr W

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

What are the details of the additional support that were made available to the Community Corrections division of the Department of Correctional Services to enable it to properly and effectively deal with the monitoring of the 19 000 inmates to be released as part of the programme to decrease overpopulation of correctional centres amid the Covid-19 pandemic?

Reply:

Community Corrections is ready to admit and monitor all 19 000 cases to be placed on parole. Prior to the special remission in 2019 the number of offenders was 71523, Community Corrections had 1854 personnel entrusted with the monitoring of parolees and probationers. After the remission the number of parolees and probationers decreased to 56632, the ratio of a member to parolee is currently one is to 30 (1:3). The release of 19000 would not have an impact on the current resources since it will be reverting to the same resources.

 

Caseloads used

Month

Filled

Caseloads

Ratio
No Offenders per Official

Ratio
No Offenders per Social Worker

02-Apr-20

April

1851

55515

1:29

1:474

23-Apr-20

May

1855

55350

1:29

1:477

28-May-20

June

1854

55882

1:30

1:485

18-Jun-20

June

1854

56632

1:30

1:492

14 July 2020 - NW201

Profile picture: Esau, Mr S

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

What steps does he intend to take against repeat offenders and parolees who allegedly repeatedly commit a very large percentage of crimes and violate their parole conditions?

Reply:

In September 2019, the Department of Correctional Services (DCS) initiated a process to consider possible review of the parole policy with the purpose of tightening the consideration process in respect of offenders sentenced for sexual and aggressive offences.

A discussion document on the review of the minimum detention period to be served by offenders who have committed offences relating to gender based violence, sexual and aggressive offences was drafted and submitted to State Law Advisers during September 2019 for an opinion. This document proposed that such category of offenders should be considered for parole after serving two thirds of sentence instead of half of sentence as prescribed by Section 73 of the Correctional Services Act, 1998 (Act 111 of 1998).

It is therefore important to indicate that any legislation or legislative amendment which adversely affects subjects cannot be applied retrospectively. This means that any amendment to the current minimum detention periods will not impact offenders already serving their sentences or persons who would have committed offences before coming into operation of the amended minimum detention period.

In addition, the Department is also considering enforcing compliance with placement conditions by ensuring that offenders whose parole has been revoked will have to serve the remainder of their sentence in a Correctional Centre. If the remainder of the sentence is more than 05 years or if the offender is serving a sentence of life imprisonment, placement on parole must be considered on completion of 05 years of the portion of the sentence which remained after parole was cancelled.

This proposal will serve as a deterrent to parolees from violating placement conditions as failure to comply will result in them serving the remainder of the sentence in a Correctional Centre as opposed to the maximum two years further profile as prescribed by Section 75 (6) Act 111 of 1998.

Parole forms part of the total rehabilitation programme in correcting offending behaviour and may include continuation of programmes aimed at reintegration whilst in the system of community corrections. It is regarded as an aid to the social re-integration of an offender and a mechanism to manage the risk an offender may pose to the community through monitoring by Community Corrections.

Upon re-admission the offender will be assessed to establish the reason(s) for his/her violation of parole conditions and/or repeat offending. The following selection of Correctional Programmes is available to address the reason(s) for violation of parole conditions and/or repeat offending:

  • New Beginnings Orientation

The New Beginnings Orientation Programme aims to empower newly admitted offenders to become more aware of themselves as well as the surrounding of the correctional setting in order to cope in the correctional centre.

  • Anger Management (“Anger In Anger Out”)

Raises offender awareness on the causes and symptoms of anger and how to manage anger. The programme assists offenders to unlearn old habits associated with aggression and learn healthy ways of dealing with and expressing anger.

  • Cross Roads

Equips offenders with the necessary knowledge and skills to enable them to become responsible, law-abiding and productive citizens in order to facilitate their successful reintegration into society.

  • Restorative Justice Orientation

Orientate offenders on the Restorative Justice System. Prepare Offenders

for involvement in Restorative Justice programmes options.

  • Preparatory programme on Sexual Offences (“Think before you act”)

The programme assists offenders to identity the possible causes of their deviant sexual behaviour and to empower them with information on the biological development and sexual development of human beings.

  • Substance Abuse (“Stop to start”)

The main purpose of the Substance Abuse programme is to help offenders gain insight into the negative effects of substance abuse.

  • Behaviour Modification Programme on Gangsterism

The main objective is to raise awareness amongst offenders on gang related activities and specifically the negative consequences thereof.

  • Economic crime (fraud related) Programme

The Economic Crime Programme (fraud category) targets fraud and related offences, which are more organized in nature (e.g. syndicates).

  • Economic Crime (theft related) Programme

The Economic Crime Programme (theft category) targets theft and related offending behaviour (e.g. stolen food from a supermarket).

  • Murder and Related Offences (“Changing lanes”)

It targets behaviour of offenders serving sentences for Murder and Related Offences. The programme aims to assist offenders to understand contributing factors towards aggressive behaviour. It further aims to create understanding of human behaviour and emotions as well as to motivate offenders to strive towards emotional intelligence by developing their own individual coping plans.

  • Robbery and Related Offences (“Change is possible”)

The programme targets Robbery and Related Offences. The crime category of Robbery and Related Offences is an “umbrella” for all the following crimes (armed robbery hijacking aeroplane, hijacking truck, hijacking Motor Vehicle). The programme aims to assist the offender to develop insight into his/her own situation that contributed to the crime, to develop insight into the impact of the offence and thereafter to develop a personal plan with specific goals without any involvement in crime.

  • Pre-Release Programme

The objective of the Pre-Release Programme is to prepare offenders for successful reintegration into society by providing them with skills and information to enable them to cope with possible challenges they may face after their release. The programme is compulsory to offenders with Correctional Sentence Planss who are to be released.

  • Programme for Female Offenders

The programme is divided into four sub-programmes due to comprehensive information. It empowers women with general life skills like, emotional health and wellbeing, learning from own mistakes, parental skills and problem solving skills. It addressed addictive behavior, give knowledge about relationships and help offenders with information to build their careers.

The release of an offender on the expiry of his/ her sentence (unconditionally) is not the ideal manner of release for the majority of offenders because of the following:

  • No management of risk takes place as the offender is released into the community without any control or supervision whatsoever, and
  • No phased re-integration under controlled circumstances takes place with the result that support systems can easily fail however the Department of Correctional Services would have no mandate to provide further support.

Although some parolees have committed serious offences in the recent past, it should be noted that Community Corrections has a caseload of 52 736 parolees and probationers of which 99.27% are complying with their placement conditions.

END

14 July 2020 - NW1141

Profile picture: Mulder, Mr FJ

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

Whether his department purchased any goods and/or services below the amount of R500 000 connected to the Covid-19 pandemic; if not, what is the position in this regard; if so, what (a) is the name of each company from which the specified goods and/or services were purchased, (b) is the amount of each transaction and (c) was the service and/or product that each company rendered; (2) whether there was any deviation from the standard supply chain management procedures in the specified transactions; if so, (a) why and (b) what are the relevant details in each case; (3) what were the reasons that the goods and/or services were purchased from the specified companies; (4) whether he will make a statement on the matter?

Reply:

1. I have been informed that all procurement to date at individual transaction level, was below R500 000 and guided by departmental delegations to various post levels. Regional and court level procurement started on 20 February 2020 and National Office centralised bulk procurement on 21 April 2020.

(a), (b) and (c) The total expenditure for bulk centralised procurement at national level amounted to R3, 073 million; and the total procurement at Regional Office level amounted to R9, 927 million.

The following is a list of commodities procured nationally and the relevant service provider after competitive procurement processes were followed, through quotations.

Service provider

a)

Value

b)

Commodity

c)

Quantity

Okp Technologies

 R494 200.00

Gloves

280 000

Fenpot Direct Cc

R445 200.00

Face Masks - Durable/ Reusable

30 000

Orca Autobody And Restoration

R 378 320.65

Surgical Face Visor

3 348

Betaclean Chemicals &Cleaning Services

R 308 016.00

Hand Sanitizers Spray Bottles 1 litres

6 696 1 litres

Givy's Cuisine

R488 000.00

Hand Sanitizers 5 litres

1600 5 litres

Kaprivi Generals (Pty) Ltd-

R460 000.00

Hand Liquid Soap 5 Litres

4000 5 litres

Motsweding Medical Suppliers

R499 750.00

Non-Contact Infrared Thermometer

250

The following table summarises the expenditure at Regional Office level:

Free State

R696 592

KwaZulu-Natal

R893 269

Western Cape

R1 506 986

Eastern Cape

R986 233

Mpumalanga

R943 575

Northern Cape

R707 156

North West

R1 010 144

Limpopo

R1 818 870

Gauteng

R1 364 545

Total

R9 927 370

2. This procurement was in full compliance with departmental prescripts and delegations. A formal circular on emergency procurement was issued which guided procurement.

3. The reason for procurement at a specific service provider was guided by the outcome of a competitive process (minimum 3 quotations). In the case of emergency procurement, some commodities were procured through petty cash at local pharmacies or suppliers.

09 June 2020 - NW560

Profile picture: Gondwe, Dr M

Gondwe, Dr M to ask the Minister of Justice and Correctional Services

By what envisaged date wills his Department of Justice and Constitutional Development, finalise its organisational realignment process in line with the recommendations of the Auditor-General of South Africa?

Reply:

I wish to inform the Honourable Member that I regard the finalization of the organizational re-alignment process of the Department of Justice and Constitutional Development as of critical importance, and I have therefore directed the Acting Director-General to appoint a designated official in his office to manage this in consultation with the Human Resources Management Unit, which has done a lot of incremental work in this regard.

It is a worrying fact that the Departmental organisational structure has not been reviewed for a period of decade. This has had a negative effect in the Department’s ability and capability to meet its performance targets. I have discussed sharply with the Acting Director-General regarding the delay in reviewing the structure and the high vacancy rate in the Senior Management echelon which I have explained in a separate related Parliamentary Question.

I can report that several critical Senior Management vacancies were in the process of being filled or advertised immediately before the processes were halted due to the declaration of the national state of disaster and the subsequent national lockdown. Amongst these is the acting appointment of the Solicitor-General which we were able to conclude just few days before the announcement of the lockdown by the President. Mr Fhedzisani Pandelani has been appointed for three (3) years, and this will allow the Department enough time to reconfigure the Offices of the Solicitor-General and those of the State Attorneys to address the current capacity challenges in this important institution which are well documented.

We have also resumed some of the processes to fill some of the vacant posts which we are able to do during the current level four (4) lockdown phase. The Department has also solicited services of the Government Technical Assistance Centre (GTAC), an agency of the National Treasury, to provide the requisite technical skills to review the Department’s structure.

In terms of the Project Charter which the Department received from GTAC, the complete review of the structure will be finalised by November 2020. This will enable the Department to implement the new structure from the beginning of 2021.

09 June 2020 - NW674

Profile picture: Bagraim, Mr M

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

Whether he, his department and/or any entity reporting to him purchased any personal protection equipment since 1 February 2020; if so, in each case, what are the relevant details of (a) the date on which the equipment was purchased, (b) the name of the supplier where the equipment was purchased, (c) the monetary value of the purchase, (d) the branding that appeared on the purchased equipment, including the branding of any political party, and (e)(i) how and (ii) where was the purchased equipment distributed?

Reply:

Yes, the Department procured personal protective equipment in an effort to combat the spread of the COVID19 virus.  All details of the purchases are provided in Annexure 01.

09 June 2020 - NW694

Profile picture: Horn, Mr W

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

What measures have been introduced by his Department of Justice to deal with the increase in the number of domestic violence-related incidents reported at the SA Police Service since 26 March 2020?

Reply:

1. The upsurge in the number of domestic violence cases has been globally reported as one of the serious ramifications of the COVID-19 lockdown. As expounded by the Executive Director of UN Women, Ms Phumzile Mlambo-Ngcuka, Confinement is fostering the tension and strain created by security, health, and money worries. It is increasing isolation for women with violent partners, separating them from the people and resources that can best help them. It’s a perfect storm for controlling and violent behaviour behind closed doors. And in parallel, as health systems are stretching to breaking point, domestic violence shelters are also reaching capacity, a service deficit made worse when centres are repurposed for additional Covid-19 response.’

2. In anticipation of domestic violence cases taking a dramatic upswing during the national lockdown, on 30 March 2020, I have issued Alert Level 5 of COVID-19 Directions for court operations, which listed domestic violence applications for protection orders among the justice essential services. However, the Level 5 Directions restricted courts from conducting criminal proceedings, unless for bail applications and reviews thereof. During the period 26 March to 30 April 2020, the district courts dealt with the following applications:

PROTECTION ORDERS APPLICATIONS IN TERMS OF THE DOMESTIC VIOLENCE ACT, 1998 (ACT NO. 116 OF 1998): PERIOD 26 MARCH TO 30 APRIL 2020

Province

Total Caseload Considered

Outcome

 

Number of New Applications

Registered (26 March – 30 April 2020)

Number of Applications Pending before 26 March 2020

Number of Interim Protection Orders Granted

Number of Summons Issued

Number of Final Orders issued

Total Number of Applications Considered

EC

1 580

507

1 143

565

379

2 087

FS

762

379

466

363

312

1 141

GP

3 159

284

1 632

810

1 001

3 443

KZN

1 474

268

1 108

110

524

1 742

LIMP

982

861

750

287

806

1 843

MP

626

297

528

175

220

923

NC

165

163

229

43

56

328

NW

706

214

375

42

75

492

WC

810

252

545

317

200

1 062

TOTAL

10 264

3 225

6 776

2 712

3 573

13 061

 

3. As against the global trend, it has been recently reported that South Africa has in fact taken a divergent experience in this area. In April 2020, the South African Medical Research Council modelling suggested that the hospital trauma admissions have declined by 66% since the alcohol-free national lockdown[1]. The rate of patients admitted for injuries inflicted as a result of violent crimes has drastically gone down in South Africa. Just recently, SAPS also reported a steep decline in the number of reported domestic violence cases. On 22 April 2020, the Minister of Police, Mr Bheki Cele announced that The national picture reflects a decrease by 69.4% from 9 990 cases between 29 March and 22 April last year (2019) to 3,061 since the lockdown until 20 April 2020, meaning a difference of 6,929.’[2]

 

4. Similarly, our courts registered a further decline in the number of new applications for domestic violence protection orders received during the COVID-19 Lockdown:

New Applications for the Domestic Violence Protection Orders

All Provinces

January 2020

February 2020

March 2020

26 March to 30 April 2020

 

22 211

18 112

14 404

10 264

Note: From these figures, since January 2020, our courts have been experiencing a persistent drop in the number of these new applications. Therefore, the ban of alcohol during the lockdown may not be the only contributor to the decrease of domestic violence cases.

5. Despite this sudden unexplainable drop in the domestic violence cases, the Department has introduced in our courts a number of measures to address the domestic violence epidemic:

a) In March 2020, shortly before the national lockdown, the Department introduced the Justice Rapid Results Initiative (RRI) to fast-track the finalisation of domestic violence matters and most importantly, to provide a catalogue of victim-support services aimed at creating a victim-centric justice experience, which is more caring, fast and effective. Due to the COVID-19 National Lockdown restrictions, the RRI is currently in operation, but in a minimal scale. The RRI is championed by the Deputy Minister of Justice and Constitutional Development, Mr John Jeffery, and the plan is to increase its footprint to more district courts post-COVID-19 epidemic.

b) There’s a chronic tendency among certain victims of domestic violence to minimize the experience of abuse due to a number of emotional challenges which include denial, shame, embarrassment and fear of exposure. Ambivalence often drives these victims out of the court system back into the cycle of violence where they would stay trapped until they die. In curbing potential femicide cases, the Department has introduced the Intimate Partner Violence Risk Assessment Tool in courts which provides a set of questions intended to open the eyes of the victim to the harmful realities and the fatal consequences of violence in his/her relationship, and to take appropriate actions. The tool was developed with government stakeholders, including SAPS, and also with the participation of the civil society. It is also available in our website.

c) It is often not easy for a victim of domestic violence to leave an abusive relationship. In an effort to protect their lives whilst leaving with their abusers during this Lockdown period, the Department has distributed to courts the booklet titled: My Safety Plan against Domestic Violence, which encourages the victims to make their personalized safety plans. The Plan guides the victims in identifying measures of safety, i.e. at the shared residence, during a violent attack, when planning to escape from the shared residence, etc. These include identifying trustworthy rescue persons, removing items from the house which might be used as dangerous weapons, packing an escape bag, identifying the safe escape route from the house, and selecting a safe house or shelter to where the planned escape will be made. The Department is in a process of distributing the Safety Plan to shelters to ensure that no survivor leaves the shelter without having planned. The Safety Plan can also be accessed from the Department’s website.

d) With the increasing figures of reported cases of violence in domestic relationships and femicide, the need for the review of the Domestic Violence Act, 1998 (Act No. 116 of 1998) became more pressing. The Department has published the Domestic Violence Act (DVA) Amendment Bill for public comments. The Bill seeks to amend the DVA to, inter alia, tighten safety measures of a protection order, and to introduce obligations to other government functionaries so as to increase stakeholder support and cooperation in the implementation of the Act.

The closing date for comments was on 24 April 2020. The Department is now considering comments for incorporation into the Bill. The Bill will be introduced in Parliament in the current financial year.

  1. Prof Charles Perry, SAMRC: Opinion by Bhekisisa: ‘Could SA’s Lockdown ‘Experiment’ help chart a path to a sober, les violent country?’

  2. Daily Maverick: Gender-based violence during lockdown in SA: Looking for answersWhy is South Africa not showing the rise in domestic violence cases reported elsewhere in the world? Chandre Gould is a Senior Research Fellow, Justice and Violence Prevention, ISS Pretoria; 11 May 2020

09 June 2020 - NW450

Profile picture: Waters, Mr M

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

What number of (a) crimes against children were successfully prosecuted in each year since the establishment of Part A of the Child Protection Register and (b) the specified names were submitted to the Department of Social Development for placement onto Part A of the Child Protection Register; (2) What number of persons were convicted of crimes that would warrant their names being placed on Part B of the Child Protection Register in accordance with Chapter 7 of the Children’s Act, 2005 (Act No. 38 of 2005), for every financial year since the Child Protection Register came into effect?

Reply:

1. (a) The National Prosecuting Authority (NPA) does not keep crime statistics specifically for crimes committed by children or crimes against children. The NPA only collate diversion statistics with respect to offences committed by children in line with the Child Justice Act.

(b) The registrars or clerks of the court have submitted 2458 names to the Department of Social Development in terms of section 114 of the Children’s Act, 2005 (Act 38 of 2005) for placement onto Part A of the Child Protection Register (Form 25).

Year

Number of Form 25s submitted

2013/2014

70

2014/2015

330

2015/2016

453

2016/2017

412

2017/2018

424

2018/2019

411

2019/2020 to date

358

Total

2458

The Children’s Act, 2005 came into operation on 1 April 2010 expecting clerks of the court to forward the names of children in terms of section 114 of the Children’s Act, 2005 for placement onto Part A of the Child Protection Register (Form 25) to the Registrar of the National Child Protection Register. The Department of Social Development reported that this section was not fully implemented by the courts. The Department of Justice and Constitutional Development issued Circular 61of 2013 in 2013 to the courts to ensure compliance and to perform quality checks on the information submitted to the Registrar of the National Child Protection Register for placement on the Register. There may be instances where the numbers submitted by the Department of Justice and Constitutional Development to the Registrar differ from the numbers recorded on the Register and this is due to the fact that the Registrar receive information from various sources as provided for in section 114(1)(a) of the Children’s Act, 2005).

(2) The Registrars or clerks of the court have submitted 662 names to the Department of Social Development in terms of section 122 of the Children’s Act, 2005 (Act 38 of 2005) for placement onto Part B of the Child Protection Register (Form 28).

Year

Number of Form 28s submitted

2013/2014

44

2014/2015

69

2015/2016

59

2016/2017

67

2017/2018

145

2018/2019

135

2019/2020 to date

143

Total

662

There may be instances where the numbers submitted by the Department of Justice and Constitutional Development to the Registrar of the National Child Protection differ from the numbers recorded on the Register and this is due to the fact that the Registrar receive information from various sources, such as the South African Council of Educators (SACE) as provided for in section 120(1)(c) of the Children’s Act, 2005).

The Registrar of the National Child Protection Register reported in 2017/18 to the Department of Justice and Constitutional Development that some courts were submitting information on Forms 28 in instances where no finding was made in relation to unsuitability to work with children. The Department responded by conducting refresher training in 2018/19 on the submission of information to the Registrar of the National Child Protection Register in conjunction with the Registrar of the National Child Protection Register, the latter conducted the training. The training sessions were conducted as follows:

Province

Date

Western Cape

26 and 27 July 2018

Limpopo

7 August 2018

Gauteng

10 October and 13 August 2018

Eastern Cape

23 August 2018

Mpumalanga

21 August 2018

Northern Cape

23 October 2018

Free State

25 and 26 October 2018

North West

31 October 2018

KwaZulu-Natal

2017/2018

09 June 2020 - NW478

Profile picture: Brink, Mr C

Brink, Mr C to ask the Minister of Justice and Correctional Services

Whether, since 1 January 2006, any persons have been prosecuted under the provisions of section 173 of the Municipal Finance Management Act, Act 56 of 2003; if so, (a)(i) what number of persons have been prosecuted under these provisions and (ii) in relation to which municipalities, (b) which of these prosecutions (i) have been withdrawn, either provisionally or completely and (ii) have led to convictions and (c) what were the sentences that were handed down in the cases that have been successfully prosecuted; (2) whether any persons have been prosecuted under the provisions of section 119 of the Municipal Systems Act, Act 32 of 2000, since 1 January 2001; if so, (a)(i) what number of persons have been prosecuted under these provisions and (ii) in relation to which municipalities, (b) which of these prosecutions (i) have been withdrawn, either provisionally or finally and (ii) have led to convictions and (c) what were the sentences that were handed down in the cases that have been successfully prosecuted?

Reply:

1. There were a number of prosecutions conducted under the provisions of Section 173 of the Municipal Finance Management Act (MFMA), Act No. 56 of 2003 in the period from 1 January 2006, as outlined in the table below:

(a)(i) Number of persons prosecuted in terms of section 173 of the MFMA

67

ii) Names of Municipalities involved

  1. Eastern Cape

a) Mbizana Local Municipality

b) Cacadu Municipality

c) Senqu Local Municipality

d) Koukamma Municipality

e) Amahlati Local Municipality

f) Buffalo City Municipality

g) Nelson Mandela Bay Metro

h) Ikwezi Local Municipality

2. Northern Cape

Hoogland Municipality

3. Gauteng

West Rand District Municipality

4. Western Cape

a) Oudsthoorn Municipality

b) George/ Eden Municipality

c) ClanWilliam/Cederberg Municipality

d) Swellendam Municipality

e) Paarl Municipality

5. Free State

a) Maluti-A-Phofung Local Municipality

b) Dihlabeng Local Municipality

c) Moqhaka Local Municipality

d) The Nala Local Municipality

(b)(i) Municipalities where prosecutions were withdrawn

a) Mbizana Local Municipality

b) Oudtshoorn Municipality

c) ClanWilliam Municipality

d) Swellendam Municipality

e) Paarl Municipality

(ii) and c) Municipalities and cases where convictions were attained, and sentences imposed

a) Cacadu Municipality, in S v Khanyisa Majokweni and another

i The 2 accused were convicted for contravening section 173 of the MFMA.

ii.  Accused 1 was sentenced to a fine of R 1 500.00 or 90-days imprisonment, which was wholly and conditionally suspended for 5 years.

iii. Accused 2 was sentenced to 3 years imprisonment, wholly and conditionally suspended for 5 years.

b) Senqu Local Municipality in re S v Mxolisi Yawa and 6 others

i. 5 of the 7 accused were convicted for contravening section 173 of the MFMA

ii. Accused 1 was sentenced to 5 years imprisonment wholly and conditionally suspended for 5 years

iii. Accused 2 was sentenced to 4 years imprisonment wholly and conditionally suspended for 5 years

iv. Accused 5 was sentenced to a fine of R5000 wholly and conditionally suspended for 5 years

v. Accused 6 was sentenced to 3 years imprisonment wholly and conditionally suspended for 5 years

vi. Accused 7 was sentenced to 2 years imprisonment wholly and conditionally suspended for 5 years

c) Hoogland Municipality, in re S v Marius Botha

i. The accused was convicted for contravening section 173 of the MFMA

ii. He was sentenced to a fine of R5 000.00 or 12 months imprisonment.

d) Oudtshoorn Municipality, in re S v Pietersen

i. The accused was convicted for contravening section 173 of the MFMA

ii. He was sentenced to 5 direct years imprisonment, which was reduced to 2 years direct imprisonment on appeal to the Western Cape High Court

iii. Applications to appeal to the Supreme Court of Appeal and the Constitutional Court were dismissed.

Municipalities and cases where there were acquittals

a) Senqu Local Municipality, in re S v Mxolisi Yawa and 6 others (2 persons were acquitted)

b) Koukamma Municipality, in re S v Sinaw Amandla Construction and 3 others

c) Oudtshoorn Municipality, in re S v Pietersen and 5 others

Municipalities and cases which are partly heard before court

a) Hoogland Municipality, in re S v Marius Botha

b) West Rand Municipality, in re S v TZ Mokhatla and 2 others

c) George/ Eden Municipality, in re S v Cecil Afrika

d) Amahlati Local Municipality, in re S v Mlonzi and 2 others

e) Buffalo City Municipality, in re

i S v Zambodla and another, and

ii. S v Ndzele and 5 others

f. Nelson Mandela Bay Metro, in re S v Mkaza and 5 others

g. Ikwezi Local Municipality, in re S v Gutas

h. Cacadu Municipality, in re S v Diniso and 5 others

i. Maluti-A-Phofung Local Municipality, in re S v Tsupa and 8 others

j. Dihlabeng Local Municipality, in re S v Molatseli and 2 others

k) Moqhaka Local Municipality, in re S v Mqwati and 3 others

l) The Nala Local Municipality, in re S v Christopher Mokomela and 3 others

2. No person has been prosecuted under the provisions of section 119 of the Municipal Systems Act, Act 32 of 2000.

09 June 2020 - NW330

Profile picture: Schreiber, Dr LA

Schreiber, Dr LA to ask the Minister of Justice and Correctional Services

(a) What is the Government’s position on immediately prosecuting persons based on information revealed in the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State (Zondo Commission), instead of waiting for the Commission to conclude and (b) on what statutory grounds does the Government rely in this regard; 2) whether any person has been arrested or charged for allegedly abetting and/or being involved in criminal acts of state capture based on revelations made in the Zondo Commission; if not, why not; if so, what are the relevant details in each case?

Reply:

1. The National Prosecuting Authority (NPA)’s position is that criminal investigations and consideration for prosecution is a parallel process and is not reliant on the completion of the Judicial Commission of Inquiry into State Capture (“Zondo Commission”). There have been some challenges regarding the sharing of evidence, which the NPA is trying to address.

2. There are considerations to amend the regulations of the State Capture Commission to facility the sharing of information between the Commission and the Independent Directorate.

The NPA would welcome interim reports from the Commission so that the Investigating Directorate (ID) would be able to assess the evidence, relevant to ID investigations, that has been collected by the Commission.

3. Several investigations are currently underway and there are matters that are under consideration for prosecution. The following matters are before courts:

i. State Owned Enterprises (SOE) Cases

Eskom (Kusile Power Station) – Former Eskom executives (Mr Hlakudi and Mr Masango) and co-accused were arrested and appeared in court in December 2019. Their next court appearance date is 25 May 2020.

ii. High Level Public and Private Corruption

Bosasa – Mr Angelo Agrizzi and Mr Andries van Tonder (former Chief Operations Officer (COO) and COO of Bosasa, respectively), Mr Linda Mti (former National Commissioner of Correctional Services) and Mr Patrick Gillingham (former Chief Financial Officer (CFO) of the Department of Correctional Services [DCS]), were arrested and charged with corruption, money laundering and fraud related to tender contracts at the DCS in February 2019.

iii. Security Sector Cases

a) SAPS – Manthata and Others - appeared before the Specialised Commercial Crimes Court in Palm Ridge on 17 March 2020, on charges of fraud and corruption as well as contravention of the PFMA. Case postponed to 5 May 2020 for disclosure. The case relates to allegations of fraud and corruption committed towards the SAPS during procurement of blue lights.

b) SAPS – S v T Khoza (Shezi Matter) Lt Gen Shezi was arrested and the matter was placed on the roll in the Pretoria Specialised Commercial Crime Court in Pretoria in December 2019. The matter will be before court on 27 March 2020 to set a trial date. Disclosure has been made and charges have been drafted. The matter relates to allegations of corruption.

c) NPA – Ms Jackie Lepinka appeared before court and matter postponed to 24 April 2020. The accused is charged with Theft, Fraud, Unauthorised access to or modification of computer material, in contravention of section 40(a)(2)(a) of the NPA Act; and unlawful disclosure in contravention of section 41 (6)(b) of the NPA Act.

09 June 2020 - NW292

Profile picture: Keetse, Mr PP

Keetse, Mr PP to ask the Minister of Justice and Correctional Services

Whether any persons (details furnished) own shares in a company that received funding from the Public Investment Corporation in the form of a loan or through the purchase of shares since he assumed office; if so, (a) what is the name of the company, (b) what amount and (c) for what purpose?

Reply:

I wish to inform the Honourable Member that I am not aware of any business transaction involving the purchase of shares through a loan advanced by Public Investment Corporation.

09 June 2020 - NW165

Profile picture: Schreiber, Dr LA

Schreiber, Dr LA to ask the Minister of Justice and Correctional Services

Whether he has been informed of a meeting on 17 September 2019 between certain parties (names and details furnished); if not, what is the position in this regard; if so, what are the relevant details; 2) whether he has been informed that a certain person has allegedly accepted a position which was followed by a favourable decision to the other party (details furnished); if not, what is the position in this regard; if so, what are the relevant details; 3) whether he intends taking any steps in this regard; if not, why not; if so, what steps?

Reply:

  1. No, I have not been informed of such meeting. Any individual meetings between a Judge and/or members of the public, would not be reported to my office.
  2. Neither have I been informed of any appointment to any position, accordingly.
  3. I have no power to take disciplinary action against Judges. This is done by the Judicial Service Commission.

08 June 2020 - NW664

Profile picture: Selfe, Mr J

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

What number of instances of (a) deaths, (b) segregations, (c) use of mechanical restraints and (d) use of force were reported to the Inspecting Judge as is required by sections 15(2), 30(6), 31(3)(d) and 32(6) of the Correctional Services Act, Act 111 of 1998, respectively in the past three years?

Reply:

Details are as follows

 

2017/2018

2018/2019

2019/2020

(a)

DEATHS - Section 15 (2)

518

557

528

(b)

SEGREGATION - Section 30 (6)

7694

8063

8204

(c)

USE OF MECHANICAL RESTRAINTS - Section 31 (3) (d)

63

52

67

(d)

USE OF FORCE - Section 32 (6)

690

618

508

TOTAL

8965

9290

9307

END