Questions and Replies

Reply:

(1)(a) Department of Correctional Services (DCS) developed a departmental control committee to ensure that procurement to the value of R1 million is approved by the committee. The terms of reference are to ensure daily oversight on procurement transactions, with focus on procurement wherein bidding processes are not followed.

(1)(b) DCS reports all procurement processes through National Treasury and furthermore the procurement manual including delegation has been revised to ensure fairness and competitiveness.

(2) With reference to the Special Investigating Unit (SIU) investigation, it was found that there was a breach in procurement processes with disciplinary referrals due to non- compliance. However the services were rendered and paid for, therefore no recovery efforts were recommended by the SIU.

(3) DCS has revised the procurement policies and standard operating procedures to strengthen systematic issues to ensure the segregation of duties in the procurement environment.

END.

Reply:

The Code of Conduct for Legal Practitioners referred to by the Honorable Member has been published by the Legal Practice Council on the 29 March 2019 (Government Gazette No 42364 of 29 March 2019) and is available on the website (www.lpc.org.za) of the Legal Practice Council.

Reply:

1. Information on crimes committed by each offender released in terms of the special remission programme is attached as Annexure 1, it should however be noted that subsequent to verification a total of 16 074 offenders were released and not 16 472 as stated in question.

(2)(a) A total of 13 504 offenders were unconditionally released as they had reached their sentence expiry date upon granting of special remission. A total of 2 570 offenders were released into the supervision of Community Corrections in order to continue serving their sentences as parolees. It has been found that 04 parolees who are monitored under the community corrections system have been re-arrested for allegedly committing crimes for house breaking, assault (2) and absconding

(2)(b) Parolees who are re-arrested for allegedly committing crimes have been re-admitted and will go through court processes and may be required to serve the remaining part of his original sentence based on merits.

(2)(c) Offenders whom are found guilty of criminal offences will have to serve their sentences as imposed by courts and their sentences will be recalculated to cater for previous unexpired sentence/s. Offenders may therefore be required to serve the remaining part of their sentence including the sentence of further charge.

END

Reply:

(1)(a) According to the service level standards, chickens may be slaughtered from forty-two (42) days of which none of the chickens that died during the mentioned period had reached 42 days. It should be noted however that a total of five thousand seven hundred and sixty nine (5769) chickens twenty-eights (28) days old, died during the week of 26 February 2024 to 1 March 2024 at the animal production farm of the Drankenstein Correctional Centre, the breakdown is as follows:

• 26 February 2024 – twelve (12)
• 27 February 2024 – twelve (12)
• 28 February 2024 – Twenty-one (21)
• 29 February 2024 – Five thousand seven hundred and one (5701)
• 01 March 2024 – Twenty-three (23)

(1)(b) The mortalities of 26-28 February 2024 are within the acceptable norm of broiler projects. The mortalities of 29 February 2024 were due to extremely hot weather which was reported to be forty-three (43) degrees in Paarl. The situation was aggravated by an unplanned water down which affected the broiler houses’ cooling system due to maintenance by a service provider for a period of approximately five (05) hours. It is important to mention that the service provider was appointed by Department of Public Works and Infrastructure.

(1)(c)(i) A total of seven (07) officials are currently employed in the abattoirs.

(1)(c)(ii) A total four (04) officials with Poultry Meat examination accreditation are currently working at the abattoir.

(2) Yes, the department procured the services of a private company to do meat inspections.

(2)(a) The Independent Meat Inspector 12 Month Contract is at a cost of R600 000 and the meat examiner month to month contract is at a cost of R45 000 per month.

(2)(b) The contract for the Meat inspector started on 01 July 2024 and will end on 30 June 2024. The meat examiner services have been provided on a month to month basis starting September 2023.

(3) Average cost to feed a chicken from day-old to slaughter is R35.93 per chicken.

It should be noted that the Department of Correctional Services implements policies in line with the Agriculture Service Level Standards, which are informed by industry norms and standards, Bio-security plan and Meat Safety Act, which is applicable to all abattoirs.

END

Reply:

I have received the following response from the National Prosecuting Authority:

1. (a) Initially one prosecutor was allocated the matters. An additional prosecutor was subsequently tasked to assist, as the workload increased. Prosecutorial resources are reviewed regularly to manage the increasing workload.

(b) The cases involving the NLC were assigned to the initial prosecutor in the latter part of 2020.

2. (a)There are a total of 11 NLC cases that were received from the SIU, one of which is an enquiry.

(i) The two prosecutors assigned to attend to these matters are handling them with a holistic approach and regard it as one big project. The 11 matters are therefore jointly allocated to the two prosecutors.

(ii) The SIU referrals to the NPA do not constitute a fully investigated criminal case that would enable the prosecution to immediately decide on a matter and make an informed decision. Such matters have been referred to the DPCI, who is mandated to conduct the necessary outstanding investigations that have been identified by the prosecution. All 11 matters are still under investigation and the prosecution team is awaiting the DPCI to finalise the investigations that would include forensic reports and further statements to be obtained. Only then will the NPA be able to make an informed decision whether or not to institute a prosecution.

(iii) No prosecutions have been instituted at present, please see the response in 2(a)(ii) above. This also applies to question 2(b).

 

Reply:

I have received the following response from the National Prosecuting Authority:

1 (a) It is confirmed that experienced prosecutors are assigned to manage all cases emanating from the National Lottery Commission. As a matter of policy, the NPA does not divulge the name of prosecutors assigned to cases, particularly during the investigation stage.

(b) There are 11 NLC - SIU referrals that are being dealt with by the prosecutors. All 11 matters are still under investigation and the prosecution team is awaiting the DPCI to finalise outstanding investigations e.g. forensic report and further statements to be obtained. Some matters, not from the 11 referred to above were closed due to duplication and merged to existing ones. Other matters were closed due to lack of sufficient evidence. It is not clear which four matters the question relates to. Perhaps if the names of the Non-Profit Organisation (NPO) and/or the name of an individual linked to an NPO was provided would we be in a position to properly respond to the question.

(c) No prosecutions have been instituted at present, please see response in (b) above.

2. There is no final decision taken on the 11 matters referred to above and the reason for the delay is the finalisation of outstanding investigations. Processes are underway by the DPCI to appoint forensic auditors to compile flow of funds analysis and forensic reports in respect of certain investigations.

Reply:

On 24 November 2024, the Master of the High Court committed to implementing immediate/short-term interventions as part of the Master’s turn-around strategy. The progress and the implementation thereof is reported as follows:

a) Intervention 1: The roll-out of the Deceased Estates Online system nationally by January 2024.

This intervention is assisting the Masters in addressing challenges of long queues, long turn-around times in issuing appointment letters and it enables practitioners as well as members of the public to lodge deceased estates online and to book appointments online to visit the Masters’ offices at a date and time of their choosing. Masters and ICT have successfully completed the roll-out of the system on 14 December 2023 in all Masters’ offices as well as service points. As at 21 February 2024, 2926 applications were lodged on the online system. The 2926 applications are explained in detail as follows:

CASE STATUS	NUMBER OF CASES
Total number of Applications	2926
Incomplete (awaiting client/attorney finalisation and submission)	217
Awaiting DHA validations (failed DHA validations)	1
Rework Requested (awaiting client/attorney corrections)	429
Screen Application and awaiting Masters’ approval	408
Will lodgement (awaiting original will lodgement at Masters)	39
Cases Registered (completed and letters issued)	1832

b) Intervention 2: Increased visibility and education on the Deceased Estates online functionalities and other Masters’ services – The Department has developed and published training videos on the Masters’ portal, YouTube and on the DOJ & CD Facebook platform on 29 January 2024. The videos can be accessed by practitioners and members of the public to assist them in lodging deceased estates applications, booking appointments online and tracking the status of their applications.

c) Intervention 3: Increased engagements with the legal fraternity and provision of training of online platforms as requested by the Law Society of South Africa - On 23 January 2024, a training webinar was hosted by Office of the Chief Master to train stakeholders practising in deceased estates on the use of the new online system, provide them with further updates on future developments and to give them a platform to raise any issues they may have with the Masters’ services. The initial intention was to engage only legal practitioners however, members of FISA, BASA, CIBA and SAICA participated in the webinar. 2308 legal practitioners, fiduciary professionals and accountants were trained in the webinar.

a) What are the relevant details of the backlog faced by the Master’s Offices as at 31 December 2023?

The backlog in the Masters office consists of backlog in Guardian’s funds applications, Trust matters and the issuing of appointments in deceased estate matters. As at 31 December 2023, the backlog was 13851 matters; 935 (6.75%) of backlog matters have been cleared and offices are working on clearing the rest of the backlog. The Masters are still plagued by several challenges including but not limited to, systems downtime, load shedding and a high vacancy rate in the midst of costs containment measures, thus finding themselves juggling between reaching increased APP targets, assisting clients as well as dealing with the omnipresent and inevitable increasing backlog.

Reply:

On 24 November 2024, the Master of the High Court committed to implementing immediate/short-term interventions as part of the Master’s turn-around strategy. The progress and the implementation thereof is reported as follows:

a) Intervention 1: The roll-out of the Deceased Estates Online system nationally by January 2024.

b) This intervention is assisting the Masters in addressing challenges of long queues, long turn-around times in issuing appointment letters and it enables practitioners as well as members of the public to lodge deceased estates online and to book appointments online to visit the Masters’ offices at a date and time of their choosing. Masters and ICT have successfully completed the roll-out of the system on 14 December 2023 in all Masters’ offices as well as service points. As at 21 February 2024, 2926 applications were lodged on the online system. The 2926 applications are explained in detail as follows:

CASE STATUS	NUMBER OF CASES
Total number of Applications	2926
Incomplete (awaiting client/attorney finalisation and submission)	217
Awaiting DHA validations (failed DHA validations)	1
Rework Requested (awaiting client/attorney corrections)	429
Screen Application and awaiting Masters’ approval	408
Will lodgement (awaiting original will lodgement at Masters)	39
Cases Registered (completed and letters issued)	1832

c) Intervention 2: Increased visibility and education on the Deceased Estates online functionalities and other Masters’ services – The Department has developed and published training videos on the Masters’ portal, YouTube and on the DOJ & CD Facebook platform on 29 January 2024. The videos can be accessed by practitioners and members of the public to assist them in lodging deceased estates applications, booking appointments online and tracking the status of their applications.

d) Intervention 3: Increased engagements with the legal fraternity and provision of training on online platforms as requested by the Law Society of South Africa - On 23 January 2024, a training webinar was hosted by the Office of the Chief Master to train stakeholders practising in deceased estates on the use of the new online system, provide them with further updates on future developments and to give them a platform to raise any issues they may have with the Masters’ services. The initial intention was to engage only legal practitioners however, members of FISA, BASA, CIBA and SAICA participated in the webinar. 2308 legal practitioners, fiduciary professionals and accountants were trained in the webinar.

(2) what is the progress regarding the piloting of the online registration system?

The target on the Masters’ APP 2023/2024 was to roll-out the deceased estates online registration system in three (3) Masters’ offices by 31 March 2024 however, it is with delight that we can report that this system has been implemented in all 16 Masters’ offices on 14 December 2023. The expedited implementation was in a bid to improve service delivery as well as access to the Masters’ services and alleviate the challenges experienced by clients having to physically visit the offices. All clients across the country can now report deceased estates in the comfort of their homes. The Masters have seen a marked reduction in queues. Further, clients who are not tech savvy or who do not have access to technology have been assisted to lodge estates online by the Masters with the use of staff-assisted and self-service kiosks.

Reply:

The medical parole application of the mentioned offender was presented to the Medical Parole Advisory Board (MPAB) on 30 November 2023 and the application was not recommended based on his clinical state and current investigations which will allow for future treatment.

Reply:

(i) The official vehicles for the Minister of Justice and Correctional Services are purchased and managed by Department of Justice and Constitutional Development.

(ii) The Department of Correctional Services manages official vehicles for the Deputy Minister of Justice and Correctional Services responsible for Correctional Services. The details of official vehicles purchased for the Deputy Minister since 08 May 2019 are as follows:

(a)(ii) Make	(b)(ii) Model	(c)(ii) Year of manufacture	(d)(ii) Date of purchase	(e)(ii) Purchase price
Toyota	Fortuner 2.8d 4x4	2019	2019/09/02	R606 588.20
Ford	Everest XLT 2.0d 4x4	2019	2019/09/02	R 606 539.90
Toyota	Fortuner 2.8 GD6 4x4	2023	2023/10/18	R 763 619.55
Toyota	Fortuner 2.8 GD6 4x4	2023	2023/11/22	R 763 619.55

END

Reply:

1. (a) A total of 326 offenders were released from 27 October 2023 to 02 November 2023 which is the project end date. Of the 326 offenders released, 02 offenders reoffended.

1. (b) Crimes committed by each offender are as follows:

No.	Offences Committed
	House breaking with intention to steal and Theft
	Assault

2. Details of Inmates readmitted to Correctional Centres as follows:

Readmission Date	Correctional Centres
01 November 2023	Empangeni Remand Detention Facility
02 November 2023	Jansenville

END

Reply:

1. For ease of reference firstly find an updated summary of the total number of matters under investigation as at January 2024.

DIVISION	TOTAL MATTERS UNDER INVESTIGATION
DPP: WC	11
DPP: FS	3
DPP: MTHATHA	10
DPP: EC	12
DPP: NW	11
DPP: KZN	27
DPP: MPUMALANGA	8
DPP: NC	5
DPP: JHB	23
DPP: PTA	14
DPP: LMP	13
UNKNOWN DPPS/JURISDICTION
TOTAL	137

(2) Herewith the total number of cases carried by each of the divisions at the following phases:

(a) Phase A (0-33%) – available evidence, locating or compiling of docket, inquest reports, witness statements, detainee statements, location of SAPS 14 or Mortuary reports etc.

(b) Phase B (34-65%)- Expert reports, engagements with experts to obtain reports or to perform reconstruction of scenes.

(c) Phase C (66-100%) – Stages nearing completion of investigations and /or decision making based on evidence and expert reports.

NO	DIVISION	A	B	C	Total
1	WC	2	0	9	11
2	FS	0	0	3	3
3	MTHATHA	1	0	9	10
4	MKHANDA	6	0	6	12
5	NW	6	0	5	11
6	KZN	16	2	9	27
7	MP	6	0	2	8
8	NC	4	0	1	5
9	JHB	21	0	2	23
10	PTA	8	0	6	14
11	LMP	12	0	1	13
					137

Reply:

1 The reasons for postponements are the following:

1. The case referred to above is the State v Johannes Mmola and four others as evidenced in Rabie Ridge CAS 106/05/2021 where the accused are charged with murder and malicious damage to property. According to courts records, the case was postponed 59 times not 75 times. Please see the attached annexure A.
2. The record of the court proceedings was painstakingly scrutinized by the Chief Prosecutor, East Rand and the majority of the postponements were as a result of absent legal representatives or the changing of legal representatives
3. After various remands for address verification and the sorting out of legal representation for the accused, the bail application commenced on 06 July 2021. Various other remands occurred during the course of attending to the bail application.
4. On 08 September 2021 the bail application proceeded where the investigating officer gave evidence in opposition to bail being granted. Bail was denied on 22 September 2021 for the first four applicants and the matter was postponed for further investigations. The matter was eventually remanded to 11 October 2021 for the post-mortem report and photo album.
5. On 08 November 2021, Adv Mudau came on record, handing in a legal brief from Mgiba Noxolo Incorporated. Only accused 5 was at court and the matter was remanded to 12 November 2021 for the other accused’s presence and for Adv Mudau to hand documents to the prosecutor with the intention to apply for bail on new facts.
6. Following various postponements, the application for bail on new facts for accused 4 was refused on 10 February 2022. Adv Mudau appeared for accused 2-5. The court allowed for a final remand for further investigations to 28 April 2022.
7. On 28 April 2022, Adv Mudau indicated his intent to bring an application on new facts for accused 5 who was absent as he was hospitalised. The court was then informed on 05 May 2022 that accused 5 had passed away and the case was postponed to 23 June 2022 for the death certificate and instructions from the Director of Public Prosecutions (DPP). On 23 June 2022, the case was transferred to the Tembisa Regional Court for 27 June 2022 under case number TRC228/2022.
8. On 14 July 2022, Adv Mudau informed the court that he had not received financial instructions and the family of the accused requested a postponement until 29 July 2022 to raise the funds.
9. Adv Mudau was absent on three subsequent court appearances whereupon the accused decided on 12 August 2022 to apply for legal aid on 12 August 2022.
10. Various postponements occurred in relation to the sorting out of legal representation. On 21 November 2022 it was confirmed that Ms Ledwaba will represent accused 3 and Judicare will be appointed to represent accused 1 and 4. Case was postponed to 08 December 2022 for this purpose. On 14 December 2022 and 16 January 2023, the matter was again postponed for the appointment of Judicare attorneys.
11. The court was eventually able to postpone the case till 07 March 2023 for disclosure purposes. On 07 March 2023, the matter was set down for trial at the Tembisa Regional Court for 25 May 2023.
12. On this day, the legal representative for accused 2 was not available as he was attending an urgent bail application in the High Court.
13. The matter was subsequently postponed to 11 September 2023 for trial. All within the control of the prosecution will be done to ensure that the matter proceed on 11 September 2023.
14. On 11 September 2023, the accused pleaded not guilty to the charges preferred against them.
15.  
16. On the same day, the first state witness, who suffers from a kidney disease, collapsed whilst in court and was rushed to hospital. The matter was rolled over to 12 September 2023 to potentially proceed with the matter, should this witness be available.
17. On 12 September 2023, the witness was still indisposed. The matter was postponed to 27 October 2023. On this date, the evidence in chief of the first state witness was concluded and the legal representative of Accused 1 started with cross-examination which was not finalised on 27 October 2023.
18. The matter was postponed to 16 January 2024 for continuation of the cross-examination of the first state witness.
19. On 16 January 2023, the third legal representative commenced with cross-examination of the first state witness. At this time, the witness requested a postponement due to ill health and having to be hospitalised.
20. The case was postponed to 08 July 2024 for the continuation of the cross-examination of the first witness.

2. The costs of individual criminal cases are not quantified. The cost of each case is part of the operational costs to run the Courts on a daily basis. The National Prosecuting Authority takes the management of court time seriously, and where prosecutors are guilty of misconduct in causing a case to be postponed unnecessarily, disciplinary/ remedial actions are taken. The only costs that the department incurred is R560.00 that relates to travelling expenses of the witness.

3. (a) Reply to question 1 provide various reasons for postponements. The question raised relating to consequence management does not have regard to the multifarious reasons for postponements which would have been granted by the Presiding Officers. The majority of postponements were not fruitless and wasteful expenditure and thus consequence management is not appropriate for any Legal Aid SA Official save for the double briefing by our Judicare Practitioner, Adv Mhlari, on 23 May 2023, which will be raised with the practitioner for consequence management in accordance with the Legal Aid SA ‘s Judicare accreditation terms and conditions.Save for the few occasions when the State applied for postponements for justified further investigation, the State has always been available and prepared to proceed, but due to external contributing factors, as set out above, the matter was postponed.

(b) From the record of proceedings and information supplied by the prosecutor, there is no indication of any undue delays occasioned by the State.

END

Reply:

(1)(a) The total number of inmates completed (a) rehabilitation programmes are 7912.

(1)(b) The total number of inmates completed (a) re-integration programmes are 11697.

(2)(a) Total number of the released inmates who have reoffended completed rehabilitation programmes are 382.

(2)(b) Total number of the released inmates who have reoffended completed re-integration programmes are 51.

(3) Yes, the rehabilitation and re-integration programmes are effective and sufficient to prevent re-offending. Out of the total number of 16 472 inmates who were released on the special remission programme only 433 has re-offended as on 29 February 2024.

END.

Reply:

(1)(a) The resignations have not impacted operations as the Contractor has built-in a capacity to train more that required security staff for any disturbance that may arise at the Centre.

(1)(b) The affected staff was from security the Contractor has accordingly trained enough staff for security functions and it is therefore easy to replace the resigned and dismissed staff.

(2) The current available plan is designed to replace the resigned and dismissed staff within a period of a month (30 days). There are people who underwent security training and were vetted by the authorised institution as well as DCS Training Standards. The trained officials await vacancies that may arise from the Centre as and when they arise, details of these individuals are provided to DCS for certification, it is only after certification has been granted by DCS that the Contractor appoints the individuals.

 

END

Reply:

The two strategies (categorised as direct measures in the overcrowding reduction strategy) which are driven by the Department of Correctional Services are:

• Bail review which entails submitting of applications to court in line with section 63A and 63(1) of the Criminal Procedure Act.

• Referral of applications to court for consideration of the length of detention of Remand Detainees (49G of the Correctional Services Act) at 21 months initially and annually if the RD continues with detention after submitting the initial and subsequent applications. Since there is no parallel section in the Criminal Procedure Act for handling the 49G applications, the bail review sections and subsections (section 60) are utilised when considering the 49G applications. The section refers to a multitude of interest of justice factors which have to be considered in each case when considering releasing the Remand Detainees, however the Department of Correctional Services as a detention institution is not informed of the factors.

The following table provides a breakdown of bail amounts of R1000 and below of RDs detained in South African correctional facilities. Contrary to the mentioned report, nationally, a total of two thousand eight hundred and twenty (2 820) remand detainees were detained with bail below R1000 as at quarter 3 of 2023/23 (31 December 2023).

Region	R500 and below	>R500 to R1000
EC	244	274
FSNC	238	149
GP	280	374
KZN	172	170
LMN	134	211
WC	271	303
Total	1339	1481
Grand total	2820

It should be noted that Department records the number of remand detainees incarcerated with an option of bail however, that the Department does not have information that plainly confirms that the remand detainees granted bail are still in detention due to inability to pay bail.

The Department will continue to refer remand detainees who qualify to court in terms of the Section 63 of the Criminal Procedure Act (Act 51 of 1977). Some of the RDs who are detained with an option of bail do not qualify for bail review in terms of the Bail Protocol due to the nature of crimes they are detained for.

END

Reply:

(1)

As a point of departure, we wish to draw the attention of the honourable Minister to the fact that the NPA is required to present on a continuous basis progress made in TRC matters to the Justice Portfolio Committee. The latest presentation can be made available to Mr B N Herron if he has not been privy thereto.

Specifically, regarding the “Cradock 4” matter a fully motivated request for the reopening of the inquest was submitted to the Minister which led to the Minister’s announcement on 5 January 2024. The NPA submitted in the application that new evidence consisting of primarily the amnesty applications and evidence obtained during the evidence during the TRC amnesty hearings of several SAPS Security Branch members and not placed before the two previous inquests rendered a reopening of the inquest in the interest of justice. This is especially important that finality and closure is brought to the families of the deceased who have waited decades for the truth of who murdered their loved ones.

(2)

As to measures, checks and balances TRC matters has since September 2021 been prioritised within the NPA, resulting in the creation of a separate TRC Component, within the office of the Deputy National Director of Public Prosecutions (DNDPP) Adv RJ de Kock.

Pertaining to capacity at national level a Special Director and a National TRC co-ordinator were appointed to assess the progress on all TRC matters and account directly to the DNDPP. There is strict monitoring and accountability.

Dedicated prosecutors and investigators were appointed within the divisions to specifically deal with TRC matters to expedite investigations and decisions. Deviation was obtained from DPSA for prosecutors to be appointed on a contract basis for a period of three years.

An audit of all outstanding matters migrated to the divisions in 2019 were done. It was important to gauge as to how far the investigation had progressed, what was outstanding, and provide a time frame for investigations to be finalised. Decisions in matters are made by the Directors of Public Prosecutions and submitted to the national office where it is carefully assessed, and due consultation and further engagement takes place where required. The NDPP retains her powers of review regarding all decisions. This is important to ensure checks and balances.

Additional matters emanating from the TRC were identified, and provided they had not prescribed, were referred formally for investigations to DPCI. Thereafter they were referred to DPPs for appointment of prosecutors to guide investigations.

Certain matters were identified for fast tracking. Factors considered were age of the matter, age of witnesses/persons of interest, availability of dockets or inquest records etc.

There are regular meetings and updates to the families, as per the instructions of the NDPP. There is also ongoing involvement of relevant stakeholders and government departments.

Accountability sessions are a joint initiative between NPA/DPCI to drive progress on TRC matters. There has been a demand and increase in sessions for upskilling of both prosecutors and investigators in relation to TRC matters.

At National level, comprehensive reports are submitted monthly where progress from all divisions, are accurately gauged. Accountability is stressed. Divisions are held to account. Interventions are staged in non-performing divisions. DPCI/NPA interactions and workshops are critical in so far as training/evaluation and progress is concerned.

Reply:

1. a) The Department of Justice and Constitutional Development (DOJ&CD) and the Department of Correctional Services (DCS) was not allocated emergency generators received from China.

b) Not applicable.

2. a) Not applicable

b) i) Not applicable

ii) Not applicable

3. Not applicable.

4. a) Not applicable

b) Not applicable.

Reply:

The correct docket particulars of the perjury case in which Dr Kasilembo is the complainant, is Woodstock CAS 276/10/2023 and not Woodstock CAS 273/10/2023.

No Nolle Prosequi certificate has been issued in this case. The docket has been returned to the police for further investigations to enable the Director of Public Prosecutions for the Western Cape to make an informed decision whether or not to institute a prosecution. Dr Kasilembo was advised that a further communication will be addressed to her regarding the outcome of the investigations.

Reply:

The number of case dockets received for decision that has been referred back to the SA Police Service for further investigation is displayed in the Table below. The decision by a prosecutor when considering a decision docket will reflect if a decision was taken or if more or further investigation is required. These are recorded in a decision docket register at each Magistrate Office and also at the offices of the Directors of Public Prosecutions. The request for further investigation may be required to make a final decision but it may also relate to completing the chain of evidence for evidentiary purposes in court and in getting the case ready for enrolment. Depending on the nature of the charges, some investigation could require financial audit reports or additional forensic or ballistic evidence which a prosecutor from previous experience deem necessary in preparation for the enrolment and subsequent trial. Especially in instances where additional reports are required, these often entail additional costing which the SA Police will only undertake if so guided by the prosecutor. The referral numbers below to the SA Police Service do not include case dockets already enrolled in the courts.

The importance of the investigation to be completed before enrolment, especially in decision dockets where no accused is appearing in court as yet, is that it will prevent unnecessary delays in court and also curb the cost of court appearances. The aim is also to comply with the “Norms and Standards for performance of judicial functions” published in 2024 by the Chief Justice and in terms of which the following guidelines were recommended:

“Finalisation of criminal cases:

a) In order to give effect to an accused person’s right to a speedy trial enshrined in the Constitution, every effort shall be made to bring the accused to trial as soon as possible after the accused’s arrest and first appearance in court.

b) The Judicial Officer must ensure that every accused person pleads to the charge within 3 months from the date of first appearance in the Magistrates’ court. To this end Judicial Officers sall strive to finalise criminal matters within 6 months after the accused has pleaded to the charge.”

Financial Year	FURTHER INVESTIGATION
FY2017-18	305555
FY2018-19	314634
FY2019-20	302192
FY2020-21	296807
FY2021-22	295399
FY2022-23	306034
Total	1820621

Reply:

The budget cuts are expected to impact the Department of Justice and Constitutional Development substantially.

Relevant details:

Court Administration: Budget cuts will obstruct the expansion of specialized courts for commercial crimes and impede the full implementation of gender-based violence legislation. A significant increase in case backlogs is anticipated, with an estimated additional 150,000 cases. The delays in processing maintenance cases and administering estates will negatively impact beneficiaries dependent on these funds.

State legal Services: The State Attorney's capacity to settle cases and reduce contingent liabilities will be hindered, leading to potential losses in litigation and increased state expenditure. Additionally, efforts to overhaul the civil justice system and reform legal services will be significantly impeded, potentially undermining the efficacy and reliability of state litigation and legal services.

National Prosecuting Authority's (NPA): The budget cuts will severely disrupt the NPA’s progress in handling complex prosecutions, particularly those involving state capture cases. the provision of adequate protection services for prosecutors, the ceasing of the Aspirant Prosecutors programme which was the training programme for next generation prosecutors and will impede the expansion of Thuthuzela Care Centres which were introduced as a critical part of South Africa’s anti‐rape and gender‐based violence strategies, which aim to reduce secondary victimisation, improve conviction rates and reduce the time taken to finalise cases.

Special Investigating Unit: The budget cuts will restrict increasing staff to address a growing number of investigations, which could damage its reputation and hinder its ability to achieve strategic goals such as improved investigation times, data analytics for corruption cases, accelerated civil litigation, and digital transformation.

Legal Aid South Africa: A substantial decrease in the number of courts served and a reduction in civil cases due to a shortage of practitioners. This will also lead to a strained staff complement due to higher caseloads, increased service complaints and a significant rise in court backlogs.

Modernisation: The budget cuts will significantly constrain the Department’s technological operations and infrastructure. Essential system maintenance and the progress achieved with a new data centre are at risk. Planned ICT upgrades and the deployment of the Court Audio Visual System are likely to be delayed, forcing continued reliance on outdated equipment. The department must keep pace with rapid technological changes, which necessitates substantial financial investment.

Reply:

1. No impact assessment has been conducted of the current Maintenance Track and Trace System as it has been found to be generally helpful by Maintenance Investigators. This system is used in conjunction with manual investigation mechanism where further or additional information is required. In response to what is the position in regard to an assessment being conducted, there are no plans in place to conduct an impact assessment of the system as it is a private provider system and plans are underway to support it through the development of a Person Verification System which will enable intergovernmental information sharing as an initiative to be implemented in conjunction with the Integrated Justice System (IJS).

2. Various forms of manual or physical investigations are conducted into the financial information of an informal trader or business owner who defaults on paying maintenance obligation in line any Maintenance Order. This manual or physical investigations include searching of financial information through conducting in-depth banking information analysis of Contra Nepsa reports obtained from several banking institutions through issuance of subpoenas on the individuals. These reports provide a trail of inflows and outflows of movement of funds from different accounts and to different banks. This provides expenditure trends which are analyzed and submitted to courts for consideration.

Where an informal trader or business owner is not found on the banking system a lifestyle trend analysis is drawn to track and trace the expenditure trends. Here institutions including Local Government’s Vehicle Registration Departments are approached to determine whether the individual owns any vehicle(s) or whether any of his payees from his or accounts own vehicles used by the person investigated, Deeds Offices are serve with subpoenas to determine home ownership or ownership of persons with close personal relations whose homes are used as residential premises of the person investigated. These are linked with the Contra Nepsa reports to determine whether other persons may be concealing properties or monies belonging to the person investigated. SARS searches are also conducted to determine whether income tax payment trends or whether there are any monies due to the individual investigated. These manual or physical investigations are conducted according to the circumstances of each individual Application.

Reply:

a) In line with Formal Education Procedure- section 7.2.7.1, indicates that all offenders who have registered for education programmes that require access to electronic material are granted the use of computers/ laptops within the Correctional Centre. Personal laptops are allowed for educational purposes with the approval of the Head of the Centre.

b) As outlined in the Formal Education Procedure- section 7.2.9, the Department of Correctional Services has a secure room within the Correctional Centre or at the school available specifically for the placement of computers/ laptops for offenders.

A designated official is assigned to specifically control the use and access to all computers/ laptops in the secured room.

END

REPLY:

Reply:

1. The total number of firearms and ammunition of each type and caliber which were stolen and lost and/or went missing at each correctional centre in each province in the past four financial years up to the latest specified date is as follows:

REGION	Centre	a) Total number of firearms (Type & calibre)	b) Total number of ammunition (Type & calibre)	(aa) Stolen	(bb) Lost/ missing	(aaa) period	(bbb) April 2023 till date
LMN	Modimolle CC	One (1) Glock 9mm	N/A	N/A	Lost	2020/21	N/A
	Witbank CC	One (01) Beretta 9mm	15 ammunition (magazine)	Stolen	N/A	N/A	2023/24
	Makhado CC	One (01) Bereta 9mm	15 ammunition (magazine)	N/A	Lost	2022/23	N/A
EC	King Williams Town	One (1) Glock 9mm	N/A	N/A	Lost	2021/22	N/A
	Middeldrift CC	One (01) Z88 9mm	N/A	N/A	Lost	2020/21	N/A
	Mdatsane CC	Two (02) Z88 9mm	30 ammunition (magazine)	X2 Stolen	N/A	N/A	2023/24
	Mthatha Remand	One (01) Z88 9mm	15 ammunition (magazine)	Stolen	N/A	2021/22	N/A
	Flagstaff CC	One (01) Z88 9mm	10 ammunition (magazine)	Stolen	N/A	2021/22	N/A
	Lusikisiki CC	One (01) Z88 9mm	15 ammunition Magazine	Stolen	N/A	2020/21	N/A
	Sada CC	One (01) Z88 9mm	10 ammunition Magazine	N/A	Lost	N/A	2023/24
	St Albans Med B CC	One (01) Barretta 9mm	10 ammunition (magazine)	Stolen	N/A	2019/20	N/A
	St Albans Med A CC	One Glock 9mm	30 ammunition (magazine)	Stolen	N/A	2020/21	N/A
KZN	Eshowe CC	One (01) Glock 9mm	15 ammunition (magazine)	N/A	Missing	N/A	2023/24
	Ncome Max CC	One (01) Glock 9mm	15 ammunition (magazine)	N/A	Missing	N/A	2023/24
FS/NC	Victoria West CC	One (01) Glock 9mm	25 ammunition (magazine)	N/A	Missing	2022/23	N/A
WC	Brandvlei Youth CC	N/A	15 ammunition (magazine)	N/A	Missing	2019/20	N/A
	Brandvlei Med CC	N/A	45 ammunition (magazine)	N/A	Missing	N/A	2023/24
GAUTENG	Johannesburg Med A	One (01) Z88 9mm	15 Ammunition	N/A	Missing	2020/22	N/A
	Odi CC	One (01) Z88 9mm	15 ammunition (magazine)	N/A	Missing	N/A	2023/24
Total	18		295	08	10

2. Steps taken to combat the theft and loss of firearms and ammunition are as follows:

• Monthly inspections and proper handing over of firearms is conducted daily;
• Continuous checking and control of firearms is done daily;
• Physical counting of firearms and ammunitions is vigorously done;
• Weekly certification is done and forwarded to the Area Commissioner according to the stipulations of Department B Order Chapter 16 Paragraph 5.6.4 and 5.6.5;
• SAPS is also conducting random inspection to monitor compliance with Firearm Control Act 2000;
• Continuous orientation of security officials and armoury controllers about the essence of registers;
• New arsenal controllers were appointed in writing and strict security measures are implemented;
• Fire arms are conducted for during unlock and lockup on daily basis;

3. (a) No arrest were made, however all incidents were reported to the South African Police Service for criminal investigation.

(3)(b) Yes, internal investigations have found that officials were involved and disciplinary processes were meted out. Details are as follows:

REGION	TOTAL NUMBER FOUND GUILTY
LMN	Five (05) officials were found guilty with one month leave without pay each.
EC	Five (05) officials were found guilty: One (01) official- final written warning Two (02) officials- 1 month leave without pay Two (02) officials- dismissed Four incidents of stolen firearms are currently under internal investigation and all cases have been registered with SAPS.
KZN	No officials have faced disciplinary charges as the cases are still under internal investigation.
FSNC	Eight (8) officials found guilty as follows: Three (03) issued with final written warnings Three (03) each granted 1 month leave without pay Two (02) granted two months leave without pay each.
WC	One official issued with a verbal warning Two incidents under internal investigation
GP	One official granted one month leave without pay
Total of nineteen 19 officials found guilty subsequent to disciplinary processes.

END

Reply:

1. Yes, there are mechanisms in place to address cases in courts which are regularly postponed. These include the quarterly meetings of senior members of the Department of Justice and Constitutional Development, with the Regional Court Presidents’ Forum as well as separately with the Chief Magistrates’ Forum, as Magistrates are in charge of Case-flow Management in courts. These meetings discuss blockages in the system and measures to address such blockages. The relevant actions on backlog cases, are further discussed at such meetings.

a) Please would the Hon member give me the details of the case that has been postponed in excess of 75 times, so that I can request the Department to follow up on such with the relevant Regional Court Presidents’ Forum or Chief Magistrates’ Forum, as well as the relevant Provincial Head of the Department of Justice and Constitutional Development? I would not regard postponement of a case in excess of 75 times, as acceptable, but I do not know the reasons for such, i.e., it may have been caused by the accused himself or herself, by changing attorneys every now and then, which forces postponements because attorneys need to learn the history of the case.

(b) Legal Aid South Africa has informed me as follows:

(i) The mandate of Legal Aid SA in so far as the representation of accused persons in criminal matters are concerned, derives from section 35(3) of the

South African Constitution.

(ii) The accused in a criminal matter has the choice to conduct their own defence, alternatively, appoint a legal representative of own choice and, if they cannot afford a legal representative of their own choice, to apply for legal aid, in which case a legal representative will be appointed for them at no cost to them.

(iii) In the 2022/2023 Financial Year, Legal Aid South Africa represented a total of 322 337 accused persons in criminal matters across all courts. Legal

representation is provided using mainly salaried legal practitioners in the full-time service of Legal Aid SA. However, a small portion of matters, being 2% in

the 2022/23 Financial Year, are allocated to independent legal practitioners using Legal Aid SA’s Judicare and agency model.

(iv) In criminal matters, the state is dominus litis and all prosecutions are at the behest of the National Director of Public Prosecutions.

(v) Very few criminal cases are capable of finalization at the first appearance and most criminal cases will be postponed at least once, the number of postponements and the reasons therefore differing from case to case.

(vi) It must be understood that a matter may be postponed, whether or not substantive proceedings were conducted on the day the matter was postponed, ad whether or not substantive proceedings are to be conducted on the next date of appearance. The word ‘postponement’ therefore does not equate to wasted court time.

(vii) The postponement of a case impacts productivity and cost-effectiveness, only if it is unnecessary. It must be noted however, that what may be unnecessary for one court stakeholder may be seen as necessary by another. Presiding officers have the overall responsibility to see to the efficient operation of the courts and therefore, a party seeking a postponement, must provide sufficient reasons for the request.

(viii) Legal Aid SA has a comprehensive Quality Management Program and as part of this program, every practitioner’s case is reviewed so that no unnecessary postponements are caused by the practitioner. The practitioner is also required to oppose all requests for postponements by the prosecution, which are unnecessary, or are likely to prejudice the client. The quality management program is applied to all legal practitioners dealing with legal aid work, notwithstanding the fact that they may practice independently.

(ix) A productivity monitoring program is also in place and all practitioners’ cases exceeding targeted turnaround times, are monitored. This ensures that legal practitioners keep postponements to a minimum, so that their cases may be finalized speedily. On average for Legal Aid SA Internal Practitioners, there are 2.8, 3.5 and 2.4 postponements per District, Regional and High Court matter, respectively, as per Legal Aid SA Management Information Systems. In regard to Judicare Practitioners (Private Practitioners) there are on average 3.3, 4.3 and 3 postponements per matter in the District, Regional and High Courts, respectively.

(x) Both the quality and productivity targets form part of our practitioner’s performance contracts as well as those of their managers and supervisors.

(xi) Legal Aid SA also has stakeholder engagement programs aimed at improving efficiencies in the court system. These include Local Case Flow Management Committees, as well as National and Provincial Efficiency Enhancement Committees.

(xii) Legal Aid SA shares data trends with other court stakeholders in a bid to promote an inter-sectoral approach in fighting case backlogs.

(xiii) Because the bulk of Legal Aid SA’s work (97%) is done by their own internal practitioners, the cost of postponing a case cannot be distinguished from the cost of any other work performed by an employee on a given day. However, where a matter is handled by Judicare, every postponement is remunerated according to approved tariffs, currently being R295 per postponement but was R276 in the 2022/23 financial year.

(xiv) There were 18 137 and 13 324 court sitting days in the year where the District and Regional Courts, respectively, sat when Legal Aid SA did not cover the Courts due to capacity constraints. This will result in postponement of matters where accused persons require legal aid representation but there is no legal aid practitioner scheduled to appear at the court on these days. This will result in the postponement of matters to a date when a legal aid practitioner is scheduled to appear in the Court.

(xv) The estimated cost of postponements, without considering the rationale, is

estimated to amount to R266 million for the 2022/23 financial year in respect

of Legal Aid SA.

2. (a); and (b) I have been informed by the Secretary-General of the Office of the Chief Justice that the Office of the Chief Justice does not maintain a performance dataset on the number of postponements per case in the Superior Courts. However, the OCJ continues to embrace the advantages that technology presents and leverages on it. The modernization of court processes remains a key priority area for the OCJ, not only to improve access to justice for all in accordance with section 34 of the Constitution but to enhance effective record management. As such, the Court Online system has been rolled out to the Gauteng Division of the High Court in Pretoria and Johannesburg and a further rollout is imminent.

The Provincial Efficiency Enhancement Committee (PEEC) chaired by the Judge President of a Division interrogates the blockages and constraints that impact on the speedy resolution of cases. The performance of judicial functions falls however under the purview of the Judiciary and the Chief Justice. It was advised that requests for information relating to the performance of judicial functions, be directed to the Chief Justice.

 

Reply:

The Department of Justice and Correctional Services

(a) Yes

(b) Yes

(c) The table below is the summary of the DOJ&CD Day-to-Day maintenance budget and expenditure report.

Province	Budget	Expenditure
National Office	R1,808,000.00	R652,592.30
Eastern Cape	R4,634,000.00	R1,485,168.04
Free State	R1,970,000.00	R1,969,684.84
Gauteng	R10,931,000.00	R8,759,690.39
KwaZulu Natal	R2,631,000.00	R2,631,327.82
Limpopo	R795,000.00	R708,416.74
Mpumalanga	R7,082,000.00	R5,889,792.71
North West	R1,760,000.00	R1,760,150.34
Northern Cape	R2,655,000.00	R2,655,659.99
Western Cape	R3,902,000.00	R3,901,726.26
Grand Total	R38,168,000.00	R30,414,209.43

(d) The table below is the summary of the DOJ&CD Day-to-Day maintenance budget and expenditure report for 2022/2023:

Province	Budget	Expenditure
National Office	R2,216,000.00	R2,216,639.05
Eastern Cape	R1,875,000.00	R1,875,054.42
Free State	R1,556,000.00	R1,556,865.52
Gauteng	R14,695,000.00	R14,695,085.80
KwaZulu Natal	R8,627,000.00	R8,627,407.58
Limpopo	R898,000.00	R897,541.76
Mpumalanga	R4,843,000.00	R4,843,005.18
North West	R6,001,000.00	R6,000,933.88
Northern Cape	R5,072,000.00	R5,069,859.10
Western Cape	R10,820,000.00	R10,820,294.21
Grand Total	R56,603,000.00	R56,602,686.50

(e) The table below is the summary of the DPWI maintenance and refurbishment budget and expenditure report for 2021/2022:

Province	Budget	Expenditure
Eastern Cape	R80,706,214.00	R28,198,940.00
Free State	R13,362,994.00	R3,852,995.00
Gauteng	R0.00	R0.00
KwaZulu Natal	R1,805,833.00	R1,805,833.00
Limpopo	R45,551,811.00	R26,392,055.00
Mpumalanga	R4,464,708.00	R0.00
North West	R16,259,403.00	R8,066,016.00
Northern Cape	R1,494,062.00	R0.00
Western Cape	R16,698,230.00	R16,277,284.00
Grand Total	R180,343,255.00	R84,593,123.00

(f) The table below is the summary of the DPWI maintenance and refurbishment budget and expenditure report for 2022/2023:

Province	Budget	Expenditure
Eastern Cape	R78,858,841.00	R41,480,037.00
Free State	R27,695,015.00	R6,235,802.00
Gauteng	R2,300,000.00	R0.00
KwaZulu Natal	R200,000.00	R0.00
Limpopo	R24,809,728.00	R8,366,450.00
Mpumalanga	R2,296,356.00	R0.00
North West	R9,950,000.00	R9,408,015.00
Northern Cape	R2,775,459.00	R511,628.00
Western Cape	R25,311,261.00	R11,854,052.00
Grand Total	R174,196,660.00	R77,855,985.00

Reply:

(1)(a) Total number of inmates escaped in the past five years in both public and private correctional facilities as reported by regions.

Region	2019/20	2020/21	2021/22	2022/23	April 2023 To Date
Limpopo, Mpumalanga & North West	01	06	07	05	02
Free State & Northern Cape	09	11	03	03	02
KwaZulu-Natal	05	03	06	02	03
Western Cape	04	75	03	05	02
Gauteng	10	12	02	02	01
Eastern Cape	05	10	01	10	03
TOTAL	34	117	22	27	13

The following number of escaped inmates were re-arrested to lawful custody

Region	2019/20	2020/21	22021/22	2022/23	2023/24
Limpopo, Mpumalanga & North West	01	03	01	05	01
Free State & Northern Cape	08	09	03	03	0
KwaZulu-Natal	04	02	05	02	02
Western Cape	03	75	03	05	0
Gauteng	06	02	02	01	01
Eastern Cape	05	10	01	05	03
TOTAL	27	101	15	24	07

1 (b) Total number of inmates attempted to escape in the past five years in both public and private correctional facilities as reported by regions.

Region	2019/20	2020/21	2021/22	2022/23	April 2023 To Date
Limpopo, Mpumalanga & North West	0	0	01	0	01
Free State & Northern Cape	03	03	03	01	02
KwaZulu-Natal	01	0	0	02	01
Western Cape	04	01	03	01	02
Gauteng	05	01	02	0	02
Eastern Cape	03	25	02	02	02
TOTAL	16	30	11	6	10

(2)(a) whether he has been informed of the total number of (a) prisoners who are currently under the care and/or supervision of correctional facilities; and

Community corrections population is composed of the three categories of offenders such as Probationers, Parolees and Awaiting Trial Persons. The national population / total caseload within the system of community corrections as at 30 September 2023, is outlined as per table below:

REGIONS	PROBATIONERS	PAROLEES	AWAITING TRIAL PERSONS(ATP)	TOTAL PER REGION
Eastern Cape	886	8 455	29	9 370
Free State & Northern Cape	568	5 179	123	5 870
Gauteng	595	7 810	54	8 459
KwaZulu-Natal	881	10 100	06	10 987
Limpopo, Mpumalanga & North West	633	7 758	243	8 634
Western Cape	1 262	4 185	376	5 823
TOTAL	4 825	43 487	831	49 143

The total number of probationers and parolees within the system of community corrections is 48 312 and Awaiting Trial Persons (ATP) population is 831. The total nationally is 49 143.

(b) Prison guards in each province; if not, why not, in each case; if so, what are the relevant details in each case?

The post establishment /structure within the system of community corrections per region as at 02 October 2023 is delineated/outlined as per table below:

REGION	FILLED POST	VACANT	TOTAL POST FUNDED
Eastern Cape	246	30	276
Free State & Northern Cape	233	31	264
Gauteng	346	52	398
KwaZulu-Natal	270	24	294
Limpopo, Mpumalanga & North West	421	28	449
Western Cape	331	55	386
Head Office	19	18	37
TOTAL	1 866	238	2 104

A total of 1 866 posts are currently filled nationally within the system of community corrections with 238 vacant posts.

END.

Reply:

The Constitution of the Republic of South Africa provides in section 179(4) that:

“National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.”

The National Prosecuting Authority Act, 32 of 1998, in compliance with the Constitution, provides in section 32 (1) (a):

“A member of the prosecuting authority shall serve impartially and exercise, carry out or perform his or her powers, duties and functions in good faith and without fear, favour or prejudice and subject only to the Constitution and the law.”

All prosecutors are required to take an oath in this regard, before commencing to exercise, carry out or perform their powers, duties or functions in terms of the NPA Act.

Not only does the law require prosecutors to handle cases in a fair and impartial manner, but the National Director of Public Prosecutions (NDPP) has issued directives which require prosecutors in the prosecution of sensitive or contentious nature, including cases involving high profile individuals, to inform the Director of Public Prosecutions (DPP) concerned in writing, of the nature and details of such matters, and for the DPP to similarly inform the NDPP.

This ensures that there is adequate oversight of cases that involve high profile individuals and politically sensitive matters.

Reply:

The NPA budget allocation increased by 5.39% over the MTEF period, from R4,9 billion to R5,7 billion in order to capacitate the NPA to deal with State Capture cases and the fight against corruption. This increase was as a result of the R1.3 billion additional funding allocated to the NPA during the 2022 MTEF.

However, the increase was against a background of an inadequate budget where the ratio of compensation to operational costs was 85:15. The budget increase improved the ratio to 77:33 which was soon reversed to 83:17 due to the virement to deal with the shortfall in the Compensation of Employees (CoE) budget, after the NPA had to absorb the Cost of Living Adjustment (CoLA) from its baseline and the ID, as part of the NPA, was also impacted.

The ID budget allocation increased by 11.60% from R243 million to R308 million over the MTEF period. However, this increase is below inflation and in fact, the budget has actually decreased, in real terms.

.

Reply:

(a) What total number of

(i) pre-1994 elections Special Branch members applied for amnesty at the Truth and Reconciliation Commission and

(ii) such applications were (aa) granted and (bb) denied

The information on the total number of the pre-1994 elections Special Branch members who applied for amnesty at the Truth and Reconciliation Commission and whose applications were granted and denied is available on the amnesty hearing transcripts and on volume 6 section 3 chapter 1 of the Truth and Reconciliation Commission report which are available on the Department of Justice website www.justice.gov.za/trc/index/html.

(b) What (i) happened to the Special Branch members who were denied amnesty

The National Prosecuting Authority has established a section in the National Prosecuting service handling TRC amnesty and prosecution related matters.

(ii) What were their names

Their names are available on the Department of Justice website on the amnesty hearing prescripts www.justice.gov.za/trc/index/html.

Reply:

Find reply here

Reply:

Granting of Special Remission of sentence is the prerogative of the President in terms of the powers vested in him by Section 84 (2) (j) of the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996).

DCS continuously implements the direct and indirect measures outlined by the DCS Overcrowding Reduction Strategy in dealing with population levels in all correctional facilities. Special Remission is one of the short-term direct measures for dealing with overcrowding.

The implementation of the 2023 Special Remission of sentence by the Department of Correctional Service (DCS) has achieved its aim of reducing levels of overcrowding in correctional facilities.

As on 11 August 2023, which is the inception date of the 2023 Special Remission of sentence, the inmate population stood at 154 327 against 107 582 bed spaces resulting in an excess of 46 745 which constitute 143% occupancy level and an overcrowding level of 43%.

As on 30 October 2023, a total of 16 247 (13 958 unconditional and 2 289 conditional) offenders were released after benefitting from Special Remission of Sentence.

As on 30 October 2023, the inmate population stood at 149 619. The inmate population decreased from 154 327 to 149 619 which translates into a decrease of 4708.

The reasons that the inmate population reflects only a decrease of 4 708 on 30 October 2023 and not 16 247 released are the following;

• Releases are competing with daily admissions on both remands and sentenced categories. Bedspace gained due to the 2023 Special Remission of sentence is immediately occupied by new admissions.
• The decrease in the approved and available bedspace from 107 582 of 104 558 (a decrease of 3 024 bedspaces from 107 582 due to the temporary closure of Kutama Sinthumule Correctional Centre) has further strained the available bedspaces.

END.

Reply:

South Africa signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in January 1993 and ratified it in December 1998. It also signed the Optional Protocol to the Convention against Torture (OPCAT) in September 2006. Due to mounting pressure on South Africa, both at international and national levels, to ratify OPCAT, the National Assembly and the National Council of Provinces approved the ratification of OPCAT on 19 March and 28 March 2019.

In accordance with the OPCAT requirement to establish a National Prevention Mechanism, the South African Human Rights Commission (SAHRC) along with government undertook an extensive process of revising and re-conceptualising the proposed NPM model. The model had to take into account certain factors, such as the fact that OPCAT is a preventive treaty which introduces a system of regular visits to places of detention, by means of the establishment of a mechanism.

In 2022, the Department of Correctional Services (DCS) approved a Gang Combatting Strategy that has been implemented through the Standard Operating Procedure (SOP).

The Strategy has six objectives mainly:

• To maintain secure and safe environment that is conducive to the rehabilitation of inmates and the attendance of remand detainees in court processes;
• To reduce and eradicate the culture of gangs, number of attacks and illegal activities in order to increase protection and safety of inmates and the society;
• To encourage a multi-disciplinary approach to reduce and eradicate the existence of gangs;
• To enable Inter-Sectorial Co-operation (i.e Government and Civil Society Organisations);
• To address the potential negative effects of incarceration;
• To develop and build knowledge on gangs in order to develop effective responses.

The A Gang Combatting Strategy is in place with the following action Plans:

STRATEGY	ACTIVITY
Working with Intelligence Agencies	Collaboration with Intelligence agencies i.e., SSA, SAPS Crime Intelligence, SADF Intelligence. Information sharing and actions to be taken on High Risk offenders, officials, members of the community and illegal activities taking place inside and outside correctional facilities.
Vetting and Screening of all Officials	Policy and Guidelines to be developed on compulsory vetting. Officials to undergo vetting / screening.
Establishment of Security Committees	Committees have been established in order to effectively manage security activities in centers such as searching, segregation of offenders, discipline, etc. Hold monthly meetings to analyze incidents, security breaches and compliance to security protocol.
Management of security information	Identify gang members and high-risk inmates upon admissions All warrants (J7) and relevant documents are screened upon admission. All cases of intimidation/threats must be registered with the HCC. HCC must liaise with Area Commissioner and external law enforcement agencies such as the SAPS/NIA in cases of intimidation and threats. Identified high risk inmates (syndicates/organized crime and high-risk awaiting trials) should be transferred to Correctional centers away from their power base. All cases of intimidation/threats must be registered with the HCC.
Mitigation of gang activities	Ensure separation of inmates involved in gang activities from the rest of inmate population. Vulnerable inmates and first-time offenders are separated from hardened criminals and offenders with further charges.

END

Reply:

As at the project end date of 02 November 2023, a total of 16 472 offenders were released comprising of 2 459 conditional and 14 013 unconditional releases.

The below table depicts the total number of those rearrested, charged, found guilty, out on bail and currently standing trial:

REGION	(a)(i) arrested	(a)(ii) charged	(a)(iii) found guilty	(b)(i) out on bail	(b)(ii) currently standing trial
KwaZulu-Natal	06	06	05 01 (case withdrawn)	0	0
Limpopo, Mpumalanga & North West	03	01 charged (02- released by court)	0	0	0
Eastern Cape	18	18	08 02 (cases withdrawn	0	08 standing trial
Free State & Northern Cape	13	13	0	01	12 standing trial
Gauteng	02	01 charged (01 - released by court)	01 found guilty	0	0
Western Cape	59	59 charged (09 - released by court) (03 - cases withdrawn)	05 found guilty	03	39
TOTAL	101	98	20	04	59

NB: Released by court include: bail granted/ paid; charge/s withdrawn; found not guilty or released on warning.

END.

Reply:

(a)

STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS REPORTED BY REGIONS AS AT 26 OCTOBER 2023
REGION	REASONS	TOTAL RE-ARRESTS
EC	1 x offender released unconditionally on 23/08/2023 was readmitted on 11/09/2023 for Theft; 1 x offender released unconditionally on 23/08/2023 was readmitted on 11/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Damage of Essential Infrastructure; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Robbery Aggravating: 1 x offender released unconditionally on 22/08/2023 was readmitted on 29/08/2023 for House Breaking and Theft; (5 x Amathole MA).	18
	1 x offender released unconditionally on 18/10/2023 was readmitted on 19/10/2023 for 3 counts of House Breaking 7 Theft; 1 x offender released unconditionally on 15/08/2023 was readmitted on 20/10/2023 for Robbery Aggravating; 1 x offender released conditionally on 20/10/2023 was readmitted on 23/10/2023 for Parole Violation (3x East London MA)
	1 x offender released unconditionally on 16/08/2023 was readmitted on 15/09/2023 for failure to appear in court (1x Kirkwood MA)
	1 x offender released unconditionally on 14/08/2023 was readmitted on 29/09/2023 for Contravention of protection order; '1 x offender released unconditionally on 15/08/2023 was readmitted on 06/09/2023 for Shoplifting (2x Mthatha MA)
	1 x offender released unconditionally on 12/08/2023 was readmitted on 18/08/2023 for House Breaking; 1 x offender released unconditionally on 12/08/2023 was readmitted on 23/08/2023 for Shoplifting; 1 x offender released unconditionally on 15/08/2023 was readmitted on 18/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 28/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 19/09/2023 for Stock Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 16/08/2023 for Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 29/08/2023 for Trespassing; (7 x SADA)
FSNC	1 x offender released unconditionally on 12/08/2023 was readmitted on 22/09/2023 for House Breaking & Theft; 1 x offender released conditionally on 13/09/2023 was readmitted on 27/09/2023 for Common Assault (2x Bizza Makhate MA).	15
	1 x offender released unconditionally on 14/08/2023 was readmitted on 08/09/2023 for House Breaking & Theft (1x Colesberg MA).
	'1 x offender released unconditionally on 21/08/2023 was readmitted on 28/08/2023 for House Breaking & Theft; '1 x offender released unconditionally on 26/09/2023 was readmitted on 04/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 09/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 06/10/2023 for Assault GBH (4x Grootvlei MA)
	1 x offender released unconditionally on 14/08/2023 was readmitted on 18/08/2023 for House Breaking & Theft; '1 x offender released unconditionally on 15/08/2023 was readmitted on 22/08/2023 for House Breaking & Theft (2x Groenpunt MA).
	1 x offender released unconditionally on 12/08/2023 was readmitted on 07/09/2023 for House Breaking & Theft (1x Bizza Makhate MA).
	1 x offender released unconditionally on 15/08/2023 was readmitted on 03/10/2023 for House Breaking; '1 x offender released conditionally on 18/08/2023 was readmitted on 17/10/2023 for House Breaking (2x Kimberly MA)
	1 x offender released unconditionally on 11/09/2023 was readmitted on 21/09/2023 for Theft; 1 x offender released unconditionally on 11/09/2023 was readmitted on 21/09/2023 for House Breaking &Theft; 1 x offender released unconditionally on 04/09/2023 was readmitted on 20/10/2023 for House Breaking & Theft (3x Upington MA).
GP	1 x offender was released unconditionally on 12/08/2023 and was re-admitted on 21/08/2023 for 2x Theft; 1 x offender was released unconditionally on 04/09/2023 and was re-admitted on 19/10/2023 for Theft (2x Kgoši Mampuru II MA).	2
KZN	1 x offender released unconditionally on 21/08/2023 was readmitted on 22/09/2023 for Theft; 1 x offender released unconditionally on 18/08/2023 was readmitted on 22/09/2023 for Theft; 1 x offender released unconditionally on 06/09/2023 was readmitted on 11/10/2023 for Theft (3x Durban MA)	7
	1 x offender released unconditionally on 12/08/2023 was readmitted on 05/09/2023 for Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 05/09/2023 for Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 05/09/2023 for Theft (3x Empangeni MA).
	1 x offender released unconditionally on 16/08/2023 was readmitted on 05/09/2023 for Theft (1x Kokstad MA).
LMN	1 x offender released unconditionally on 15/08/2023 was readmitted on 28/08/2023 for Theft (1x Bethal).	2
	1 x offender released unconditionally on 18/08/2023 was readmitted on 11/10/2023 for Theft & illegal Immigrant (1x Thohoyandou MA)
WC	1 x offender released unconditionally on 22/08/2023 was readmitted on 28/08/2023 for Theft; 1 x offender released unconditionally on 22/08/2023 was readmitted on 28/08/2023 for House Breaking & Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 23/10/2023 for Theft; 1 x offender released unconditionally on 14/08/2023 was readmitted on 23/10/2023 for Theft (4x Breede River MA).	53
	1 x offender released unconditionally on 25/08/2023 was readmitted on 31/08/2023 for House Breaking & Theft; 1 x offender released unconditionally on 26/08/2023 was readmitted on 31/08/2023 for Trespassing; 1 x offender released unconditionally on 14/08/2023 was readmitted on 25/08/2023 for Theft; 1 x offender released unconditionally on 28/08/2023 was readmitted on 29/08/2023 for Assault; 1 x offender released unconditionally on 21/08/2023 was readmitted on 04/09/2023 for Bees/Fish/Game Protection Act; 1 x offender released unconditionally on 18/08/2023 was readmitted on 05/09/2023 for House Breaking & Theft; 1 x offender released unconditionally on 28/08/2023 was readmitted on 30/08/2023 for Stolen Goods;1 x offender released unconditionally on 18/08/2023 was readmitted on 30/08/2023 for Theft; 1 x offender released unconditionally on 17/08/2023 was readmitted on 19/09/2023 for House Breaking & Theft; 1 x offender released unconditionally on 24/08/2023 was readmitted on 04/10/2023 for Attempted Robbery (10 x West Coast MA).
	1 x offender released unconditionally on 14/08/2023 was readmitted on 17/08/2023 for Dealing in Drugs; 1 x offender released unconditionally on 15/08/2023 was readmitted on 28/08/2023 for Robbery Aggravating; 1 x offender released unconditionally on 18/08/2023 was readmitted on 05/08/2023 for Robbery Aggravating (3x Goodwood MA).
	1 x offender released unconditionally on 23/08/2023 was readmitted on 29/08/2023 for House Breaking with intention to steal and Theft; 1 x offender released unconditionally on 23/08/2023 was readmitted on 12/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 22/08/2023 was readmitted on 06/10/2023 for House Breaking and Theft (3x Overberg MA).
	'1 x offender released unconditionally on 21/08/2023 was readmitted on 06/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 28/08/2023 was readmitted on 06/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 21/09/2023 for Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 21/09/2023 for Robbery; 1 x offender released unconditionally on 01/09/2023 was readmitted on 26/09/2023 for House Breaking; 1 x offender released unconditionally on 18/09/2023 was readmitted on 13/10/2023 for Theft; 1 x offender released unconditionally on 30/08/2023 was readmitted on 13/10/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 12/08/2023 was readmitted on 13/10/2023 for House Breaking and Theft; 1 x offender released unconditionally on 29/09/2023 was readmitted on 16/10/2023 for Robbery Aggravating; 1 x offender released unconditionally on 24/08/2023 was readmitted on 18/10/2023 for Family Violence; 1 x offender released unconditionally on 30/08/2023 was readmitted on 19/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 24/08/2023 was readmitted on 19/10/2023 for House Breaking &Theft (12x Voorberg MA).
	'1 x offender released unconditionally on 18/08/2023 was readmitted on 04/09/2023 for Assault with intent to do Grievous Bodily Harm; 1 x offender released unconditionally on 23/08/2023 was readmitted on 06/09/2023 for Robbery Aggravating. (2x Allandale MA).
	1 x offender released unconditionally on 18/08/2023 was readmitted on 31/08/2023 for Theft, Fail to Appear in court; 1 x offender released unconditionally on 05/09/2023 was readmitted on 07/09/2023 for Theft out of Motor Vehicle;1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 12/09/2023 for House Breaking with intention to steal and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 18/09/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 14/09/2023 for Assault; 1 x offender released unconditionally on 21/08/2023 was readmitted on 19/09/2023 for House Breaking with intention to steal and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 22/09/2023 for Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 21/09/2023 for Theft; 1 x offender released unconditionally on 22/08/2023 was readmitted on 06/10/2023 for House Breaking & Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Theft out of a Motor Car; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Theft out of a Motor Car; 1 x offender released unconditionally on 07/09/2023 was readmitted on 09/10/2023 for Theft out of a Motor Car; 1 x offender released unconditionally on 21/08/2023 was readmitted on 09/10/2023 for Malicious Damage to Property; 1 x offender released unconditionally on 21/08/2023 was readmitted on 10/10/2023 for Robbery; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/10/2023 for Robbery; 1 x offender released unconditionally on 26/09/2023 was readmitted on 13/10/2023 for Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 24/10/2023 for Theft (19x Southern Cape MA).
TOTAL		97

(b) A reoffender in context of this programme is a person who was released either conditionally or unconditionally after benefitting from the 2023 Special Remission of Sentence and was rearrested for allegedly committing crime as indicated above.

END.

Reply:

1. The total number of correctional facilities under construction in each province are as follows:

Name of Province	Number
Gauteng	01
Eastern Cape	01
KwaZulu-Natal	01
North West	03
Free State	01
TOTAL	07

2. The details are as follows:

• Gauteng: Emthonjeni - Baviaanspoort:
• The centre has ramps to access all the sections;
• All single cells do not have disability toilets;
• Hospital cells have bathtubs without rails;
• Hospital cells have ramps for access; but don’t have disability toilets
• Correctional Centre is partially complying and this matter will be addressed under the auspices of the current project.   

• Eastern Cape: Burgersdorp:
• Complying with regards to accessibility for persons living with disabilities.
• The new Correctional Centre, currently under construction will fully comply.

• KwaZulu-Natal: Qalakabusha:
• Major security system refurbishment project underway as well as storm damage repair. The Correctional Centre is equipped with disable ramps and ablution facilities. The Correctional Centre is not fully complying.

• North West: Brits:
• Complying with regards to accessibility for persons living with disabilities (construction is on hold after the termination of the contractor).
• Correctional Centre is partially complying and this matter will be addressed under the auspices of the current project.   

• Potchefstroom:
• Complying with regards to accessibility for persons living with disabilities.
• Correctional Centre is partially complying and this matter will be addressed under the auspices of the current project.

• Klerksdorp
• The is complying with regards to accessibility for persons living with disabilities

• Free State: Parys:
• Parys Centre under upgrading is designed in accordance to the National Building Standards in respect to access for people living with disabilities.
• The new Correctional Centre, currently under construction will fully comply.

END

Reply:

I wish to inform the honorable Member that I have been informed that

The following interventions has been identified for training of Judicial Officers, Prosecutors and Investigators within the Anti-Corruption and Law Enforcement Agencies, to build cybercrime expertise on the following courses:

Cyber Forensic First Responder Course

This course gives a broad view of Cyber equipment and the methods to collect and seize information from devices on a high level. It gives the delegate a broad understanding of the various methodologies which could be used in gathering information, determining the criticality of various information stored in digital media.

It also provide insight into the various Acts which would come into play when collecting digital information with a broad idea of the responsibilities of the first responder. It should be noted that this is not an advance technical course but rather an introduction to the various aspects of collecting information and the responsibilities of the first responder during an investigation. The course provides the first responder with a broad understanding of the various aspects relating to cyber forensic investigation after completion of the course, understanding the various conventions relating to the regulation of electronic evidence, laws, computer science, information security systems, cyber forensics and the management are key outcomes of the course.

Open Source Intelligence Training Course

This training allows the investigators to search the internet to find clues and evidence that could guide their investigations. The roll-out of this training was first for the SIU Trainers,

This is a five day training focusing on the understanding of the network theory, technical searches, IP Addresses, E-Mails, investigations using accounts created on the social networks etc

DARWIN TOOL (Data Analysis Response Windows)

The DARWIN Tool has been developed by the French Cybercrime Department (SDLC) and the French Judiciary Police Dept (DCPJ). This tool is used by the cybercrime investigators to boot a computer and to make technical searches and to fulfill the investigation report.

The course enables the First Responder (FR) to use the DARWIN tool while retrieving data and preserving the chain of custody. The aim is to perform a quick scan from a shutdown computer and realize a forensic copy of the data. It was created under Windows 10 environment and supports a program called LIBERKEY. This Program allows you to embed all the programs in a portable version that will be used for analysis.

Mobile Investigations Training

Building expertise on the use and application of UFED Cellebrite to extract and

analyse evidence

Arrangements has been made with the NPA, Civilian Secretariat Police Service, Campus Protection Services of South Africa (Camprosa) representing 24 universities, to train prosecutors in the case of the NPA and Investigators for others in the above indicated courses starting February 2024 and on a range of Investigation courses at the Anti-Corruption Academy (Justice college).

TRAINING OFFERED 2022/23

Topic	Target Audience	#
Open Source Intelligence	Prosecutors	16

(2) what further measures has he put in place to expand the specified training? NO4749E

Memorandum of Understanding (“MoU”) entered into with PSETA on 17 August 2023

The purpose of this Memorandum of Understanding (“MoU”) is for the Special Investigating Unit (“SIU”) and the Public Service Sector Education and Training Authority (“PSETA”) to record their intention to collaborate and partner in building the skills capabilities within the public service, and to fulfil both Parties’ constitutional and statutory obligations.

• 1. Both committed to maintain accreditation status of courses identified for public servants, Certification of Learners and the achievement of accreditation status of the Anti-Corruption Academy by 4th Quarter of current financial year.
  2. PSETA and the SIU agreed on the training of public servants nationally on accredited courses over two phases
     1. Phase1: Corruption Prevention
     2. Phase 2: Public Education
  3. The SIU Submitted the Corruption Prevention course targeting public servants for accreditation to PSETA during September 2023 which contain the following modules:
  4. Corruption Prevention course scheduled for roll-out during January 2024, a total of 810 public servants targeted for training by 31 March 2024 with an increased number planned for the 2024/25 financial year.
  5. SIU Accredited trainers, Assessors and Moderators are already registered as part of the compliance requirements of the accreditation of the academy.
  6. SIU submitted Anti-Corruption Academy accreditation application to PSETA, accreditation process in final stages, accreditation expected by 30 November 2023.

MoU’s signed with SADC Member States Anti-Corruption Agencies

MoU’s signed with 5 SADC Member States Anti-Corruption Agencies on 01 August 2023, namely; the Zimbabwe Anti-Corruption Commission, Malawi Anti-Corruption Bureau, Zambia Anti-Corruption Commission, Namibia Anti-Corruption Commission, Independent Commission Against Corruption of Mauritius, the Independent Bureau Against Corruption of Madagascar and the Anti-Corruption commission of Seychelles to train their investigators on cyber forensic investigations, open source intelligence training from February 2024.

TRAINING OFFERED UNDER COOPERATION PROTOCOL SIGNED BETWEEN THE RESPECTIVE MINISTERS

Topic	Target Audience	#
Cyber Forensic First responder	Investigators, Public Education Officers and Corruption Prevention Officers from Anti-Corruption Agencies of Mauritius, Seychelles and Madagascar	36
Cyber Forensic First Responder	Investigators scheduled for 04-08 Dec 2023 Commonwealth Africa Anti-Corruption Agencies 19 Africa countries to be trained at the Academy in Pretoria	To be confirmed

(Attached please find a copy of MoU signed with PSETA, and a copy of MoU signed with SADC Member States, Malawi Anti-Corruption Bureau).

These MoUs serve as additional measures taken by the SIU to expand training offered. Training for the Public Servants as per MoU with PSETA and for SADC Member States as per MoU with the SIU to be offered at the Anti-Corruption Academy.

Reply:

(a) what are the details of specific challenges that were experienced in the  handover of the files which he referred to

1.. BACKGROUND

• For several years, the DOJ&CD had contracted with a service provider to merely store and provide access to some of its records at off-site facilities in three provinces namely, Gauteng, KwaZulu -Natal and the Western Cape.
• When the contract expired, approval was granted for these records to be taken over and managed by the current service provider
• The primary incentive for transferring the records to the current service provider was that it was going to digitize them – digitization being part of the modernisation programme of the DOJ&CD.

2. TRANSFER OF FILES FROM PREVIOUS TO CURRENT SERVICE PROVIDER

• The contract with the previous service provider entailed that, upon the expiry of the contract, all files had to be handed over to the Department within a period of four (4) months.
• The handover process commenced at the beginning of March 2023 and it was completed on 21 August 2023. It took a long period – almost six (6) months – due to logistical challenges on the side of the previous service provider.
• It was during the handover period that there were challenges in accessing the files in all of the above-mentioned offices, as most of those required were, at the time, still being processed.

3. CHALLENGES EXPERIENCED BY THE SERVICE PROVIDER

• The challenges related to the undesirable condition of boxes and files received from the previous service provider are as follows:
  1. . Burnt files;
  2. . File covers cut;
  3. . Loose pages inside boxes;
  4. . Water-damaged files; and
  5. . Damaged boxes.

Interventions for 3.1. – 3.3.

Task teams consisting of officials from the relevant Master's Offices have been created for each province to assist the service provider to arrange the files and scan them properly.

Interventions for 3.4.

The service provider laboriously separates the pages, photocopies and then scans them properly.

Interventions for 3.4.

The service provider continues to repackage and index the boxes and files, so that they can be easily traceable and, upon request, made available speedily.

4. CHALLENGES EXPERIENCED BY DOJ&CD WITH ACCESSING FILE

4.1 The records at the off-site facilities (in addition to those of the Magistrates and High Courts) are of the following Masters Offices

• Pretoria;
• Durban;
• Cape Town;
• Johannesburg; and
• Pietermaritzburg.

4.2 Major Challenge

• During the handover period, there were challenges in accessing the files in all of the above-mentioned offices, as most of the required files were, at the time, still being processed.
• However, currently the challenges with accessing the files mainly relates to the Pretoria and Pietermaritzburg Masters Offices, because the majority of their files haven’t been scanned. The additional challenge is that the majority of these files haven’t been repackaged and indexed, making the tracing process difficult.

Interventions

• The current service provider has committed to complete the re-packaging and indexing process by the end of December 2023. This will result in that, come the new year, all files shall be easily traceable and made available immediately – even if such files haven’t been scanned on the system.

4.3 Other Challenges

• 1. For security reasons, namely that no security updates can be done on Windows versions below 10, officials who don’t have Windows 10 on their computer equipment cannot connect to the portal.

Interventions– Processes to procure & and update computer equipment are underway.

• 2. Network challenges and internet access – Unstable and/or slow internet connection results in officials being timed out and having to log in numerous times or not able to log-in at all

Interventions– Upgrading of bandwidth is being considered by ICT.

Reply:

The Director of Public Prosecutions, Western Cape reports as follows:

On 12 November 2023 three males were arrested by Metro Police Officers employed by the City of Cape Town. It was alleged that the three males were part of a group of pro-Palestinian supporters. It was further alleged that the group of pro-Palestinian supporters were initially peaceful but refused to move when they were advised that they were standing at an area that was reserved for the protest of another group. The pro-Palestinian group allegedly refused to move, damaged property, attacked the Metro Police Officers and police, and refused to follow their instruction to move from the area. Only three men were arrested.

It is alleged that there is video footage as to what had transpired on the day in question. However, when the matter was presented to the prosecutor, there was no video footage in the docket and that the investigation was incomplete. Some of the statements were also illegible. The prosecutor elected not to enroll the matter until the investigation, which includes the video footage, is filed in the docket. All three accused have fixed addresses and the matter may be enrolled as soon as the outstanding investigation is completed, and a decision is made that there is sufficient evidence to institute a prosecution.

Reply:

1. Whether lifestyle audits are conducted: Yes

a) How often? Annually, in accordance with the schedule provided by the Public Service Regulations on Financial Interests Disclosure Framework, DPSA Directives and DPSA Guide on Lifestyle audit.

b) When last was lifestyle audit conducted? As the first phase of the audit, lifestyle review was last conducted in the 2022/2023 financial year [financial disclosure forms were submitted by SMS members in April 2022 and by other designated employees from June to July 2022].

c) How many employees were lifestyle audited? In the lifestyle reviews, 135 verifications were conducted for SMS members and 536 other designated employees in 2022.

d) What were the relevant details? There were no referrals for investigations and therefore no finding on lifestyle audit against these employees.

 

 

Reply:

The impact that the budget cuts have on the Aspirant Prosecutor Programme is that the group that is due to complete their training in January 2024, cannot be absorbed into the NPA and appointed into the entry level District Court posts, as has been tradition. However, the NPA is considering another option to be able to keep them within NPA’s employ, through their current contracts.

The Estimated National Expenditure (ENE) reflects further major budget cuts for the next 3 years of the MTEF for the Department of Justice and Constitutional Development, which affects the NPA. The severe budget cuts have a devastating effect for the NPA, to the extent that it will be a struggle to even cover the salaries of existing staff. Under these circumstances, the possibility of a new intake for 2024 is virtually impossible to accommodate.

.

Reply:

The public service went through an administrative and structural transformation post the Democratic transition in 1994. The Government of the Republic of South Africa subsequently introduced a Personnel and Salaries Administration (PERSAL) system.

The PERSAL system is able to draw reports up to 2001 only, records for the period in question are not readily available, however, they may be sourced from the Archives and it will require more time.

END.

Reply:

1. The urgent interventions, with, are as follows:

• All the contacts of the index patient were traced and symptomatic patients were isolated while all asymptomatic contacts were quarantined;
• Several inmates have been placed in isolation as a precautionary measure;
• Case finding was conducted by sending throat swabs of all the contacts to National Health Laboratory Services (NHLS) for testing;
• Antibiotics treatment was given to symptomatic contacts and antibiotics prophylaxis also given to all asymptomatic contacts;
• Diphtheria Antitoxin (DAT) administered to the confirmed cases;
• Diphtheria Booster vaccine was offered to both inmates and officials;
• Continued close monitoring of those in isolation and in quarantine;
• Stakeholder collaboration was established with the National and Western Cape Provincial Department of Health including but not limited to:
  • National Institute for Communicable Disease (NICD)
  • National Health Laboratory Service (NHLS)
  • Provincial Centre for Disease Control, City of Cape Town from the onset of the outbreak.
• Daily updates were provided to the relevant stakeholders;

In addition to the above all the regions were updated to be on high alert especially because an inmate had already succumbed to Diphtheria at Pollsmoor Correctional Centre.

END.

Reply:

a) It should be noted that after the completion of the construction of the new generation Correctional Centre at Tzaneen, the Department of Correctional Services (DCS) tasked the Department of Public Works and Infrastructure (DPWI) to commence with the planning and design of the official staff accommodation on the existing site, in close proximity to the Correctional Centre. It is anticipated that the planning and design stages will be finalised during the first quarter of the 2024/25 financial year.

b) Indeed, the Tswelopele Correctional Centre (TCC) was constructed without the inclusion of official staff accommodation, the need was communicated to the DPWI as there is existing state-owned land available for the construction of official staff accommodation. Currently, DCS is investigating funding strategies which includes the possibility of the District Development Model (DDM) to address housing challenges.

END.

Reply:

Prior to the advent of our democracy, the Judiciary just like any other sector of our society was untransformed and dominated by White males. With this in mind the drafters of our Constitution took a deliberate decision to transform the Judiciary by including a constitutional injunction in section 174 of our Constitution which enjoined us to transform the Judiciary so as to broadly reflect the racial and gender composition of our country. The Judicial Service Commission when advising the President to appoint Judges takes into consideration the need for the Judiciary to reflect the racial and gender composition of the South African society. So is the Magistrates Commission when advising me to appoint Magistrates in the lower courts.

We have committed to the realization of racial and gender equality in the appointment processes of the Judges, Magistrates and counsels. It is for that reason that since 1994, the demographics of the Judiciary and legal practitioners in terms of race and gender have drastically changed to enhance the desired diversity, equality and equity.

a) From the report of the Judicial Service Commission, as at 30 September 2023, the demographics of the judges are as follows:

Total No of Judges:
Province	(i) Blacks	(ii) Women	(iii) Judges with Disabilities
Eastern Cape	19	11	0
Free State (this includes Judges of the Supreme Court of Appeal)	25	18	0
Gauteng (Includes Judges of the Constitutional Court and Labour Court)	71	56	1
KwaZulu-Natal	20	11	0
Limpopo	5	2	0
Mpumalanga	7	4	1
Northern Cape	5	4	0
North West	5	3	0
Western Cape	25	14	0
Total	182	123	2

b) The report received from the Magistrates’ Commission indicates that, as at 30 September 2023, the numeral capacity of the magistrates, is as follows:

Total No of Magistrates: 1 652
Province	(i) Black	(ii) Women	(iii) Magistrates with disabilities
Eastern Cape	142	101	0
Free State	58	49	2
Gauteng	229	213	1
KwaZulu- Natal	169	132	2
Limpopo	117	81	0
Mpumalanga	65	48	0
Northern Cape	26	22	0
North West	73	62	1
Western Cape	138	138	2
TOTAL	1 017	846	8
Percentage of the total number of Magistrates= 1 652	61% of the total	51%	0,48%

Source: Magistrates’ Commission

The required 2% target of magistrates living with disabilities has not been met yet, but I have been informed that this matter is receiving the priority attention of the Magistrates Commission.

c) The Legal Practice Council reported that, as at 30 April 2023, the numerical capacity of the counsels is as follows:

Total No of Counsels: 5 936
Province	(i) Black	(ii) Women	(iii) Counsels with disabilities
Eastern Cape	227	60	-
Free State	85	24	-
Gauteng	3167	825	4
KwaZulu- Natal	216	71	-
Limpopo	342	81	4
Mpumalanga	122	28	-
Northern Cape	98	22	-
North West	42	11	-
Western Cape	132	42	-
TOTAL= 5 936	4 431	1 164	8
% of the total	76,64%	19,6%	0,13%

Source: Legal Practice Council

As noted from above Table, gender parity in this category has not been met yet, but there is commitment to progressively bridge the gap. Likewise, the required 2% target of counsels living with disabilities is among the concerns that are receiving priority attention. However, the overwhelming growth in Black Africans under this category is indeed commendable.

I thank you.

Reply:

The position of a Psychologist at Tswelopele Correctional Centre (TCC), Kimberley Management Area, has been vacant since 31 January 2021. It was advertised in September 2021 and September 2022, respectively without suitable candidates. The post was again advertised in February 2023, and eventually filled as from 01 September 2023.

Whilst waiting the filling of the post, in order to mitigate the backlogs on lifers and other categories of offenders qualifying for placement on parole, the offenders were either transferred to other centres within the region where there are psychologists (Grootvlei and Upington). The Psychologists from the other Management areas were also tasked to go to TCC to undertake the required assessments and intervention.

END.

Reply:

The Honourable Member will remember that the Judiciary submitted their report entitled “Capacitating the Office of the Chief Justice and Laying the Foundations for Judicial Independence: the next Frontier in our Constitutional Democracy, Judicial Independence” outlining their preferred court administration model to the Executive in 2013. Subsequent to the submission, Cabinet established an Inter-Ministerial Task team in 2017, tasked with preparing a response by the Executive to the Judiciary’s report. When the Inter-Ministerial Committee was dissolved, I was mandated by Cabinet at the beginning of the sixth administration to conclude the work started by the Inter-Ministerial Committee. In this regard, I caused the Department of Justice and Constitutional Development to conduct research on an appropriate model suited for our constitutional democracy. This research culminated in a document entitled “Policy Framework on Judicial Governance and Court Administration” comprising a comparative study of the available comparable models whereupon a tentative model that suit the South African Constitution emerged.

Before I approach Cabinet, I took a decision that it would be prudent to share the policy framework with the Judiciary as part of our efforts to consult with that Arm of the State as they are a critical stakeholder in our quest to finalise the court administration model. I have therefore shared the document with the Chief Justice for him to provide us with the necessary inputs before approaching Cabinet. I have been advised that the Chief Justice has, in August 2023, established a Judicial Governance and Court Administration Advisory Committee to consider our proposed policy framework, whereafter he will provide me with the Judiciary’s comments. Once this consultation process with the Judiciary is completed, I intend to table the amended policy framework encompassing the Judiciary’s comments to Cabinet for adoption.

I hasten to indicate that one of the recommendations contained in the policy framework was to transfer the leave dispensation of Judges to the Judiciary. During the consultation process with the Judiciary, we agreed that whilst we wait for the Judiciary’s comprehensive inputs, the leave dispensation for Judges of the Superior Courts should be transferred from the Executive to the Judiciary. Having reached this agreement, I approached the President who duly agreed to amend the Judges’ Remuneration and Conditions of Employment Regulations, 2001 to make provision for the transfer of the leave dispensation of Judges to the Judiciary. So, pursuant to our Policy Framework, the Judiciary is now responsible for managing leave for Judges.

Reply:

1. No
2. No

Reply:

1. I attended the World Cup as a spectator in my private capacity.
2. There were no costs to my departments.

Reply:

a) what are the full relevant details of the person who conducted the reassessment?

The reassessment was conducted by the senior and junior advocates involved in the matter, along with the attorney of record and state accountants attached to the Office of State Attorney, Pretoria.

and

b) further relevant details regarding the investigation, including the reasons that the original estimation has nearly doubled?

The advocates that are on brief (on behalf of the State) in the matter initiated the reassessment after reviewing the initial pleadings and records filed in the High Court (Pretoria) during the review application. Discrepancies were found, leading to the discovery of omitted amounts in the initial accounts made by the State Attorney, resulting in nearly doubling the original estimation. This resulted in the revision of the quantification and intimated claim upwards.