Questions and Replies
06 January 2025 - RNW253
Sauls, Mr A to ask the Minister of Justice and Constitutional Development
What measures does she intend to put in place to address the concerns and challenges of (a) the lack of opportunities for non-black African minority communities and (b) the existence of discriminatory policies in some sectors that are in contradiction with the provisions and the spirit of the Constitution of the Republic of South Africa, 1996?
Reply:
(a) The question is extremely vague. It is not clear as to what is meant by the term or reference to “non-black African” Communities. Is it Khoi & San people, is it Indian, is it ‘coloured’, or is it Chinese?
It is significant to note that there has not been consensus on the concept of minorities in South Africa, it is sensitive and may be divisive. The point of the legislative architecture on Promoting Equality and Preventing Discrimination is to ensure cohesion and inclusivity in a country that was deeply divided. Acknowledging that we need benchmarks to measure progress, as outlined both the Employment Equity Act 55 of 1998 and the Broad Based Black Economic Empowerment Act 53 of 2003 define “black people” as a generic term which includes Africans, Coloured and Indians, it is important for us to continually to be mindful of the terminology that we need to reinforce a culture of belonging, inclusivity and one that promotes equality.
(b) Notwithstanding that it is not clear which specific policies are referred to, the Department of Justice and Constitutional Development, through its Directorate: Elimination of Racial Discrimination (ERD) and in accordance with its mandate and role as focal agency for the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP), plans to conduct strategic engagements including with various sectors including segments in the private sector on the advancement of disadvantaged persons in those sectors.
The above engagements are guided by section 8 of the Constitution of the Republic, 1996 given the provision that the Bill of Rights binds a natural or juristic person to the extent that it is applicable; as well as by section 9 on the right to equality; and furthermore, by the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP) which is a guiding tool of government to combat racism and other related forms of discrimination and build an equal and cohesive society.
06 January 2025 - RNW1754
Ntlangwini, Ms EN to ask the Minister of Justice and Constitutional Development
Following the enactment of the Land Court Act, Act No 6 of 2023, what progress has he made to ensure that the Land Court is fully functional, with a sufficient contingent of judges as envisioned in the Act?
Reply:
DRAFT REPLY
The Land Court Act, 2024 represents a significant milestone in the ongoing efforts to foster equitable land distribution and provide an effective mechanism for resolving land disputes. The Land Court is vested with expanded and enhanced jurisdiction when compared to its predecessor, the Land Claims Court. The Land Court Act is progressive in nature and requires the Court and the officials of the Court to expand their roles to include extensive legal research and legal case management.
The Judge President and (then Acting) Deputy Judge President have proposed to the Minister that the Court be strengthened from its current component of four permanent Judges (with one vacancy) to 12 permanent Judges over the next few years. The Court is currently comprised of Judge President Z Carelse (appointed by the President with effect 1 June 2024), Deputy Judge President S Cowen (who has acted in this capacity since May 2024 and was permanently appointed by the President with effect 1 December 2024. There are two further Judges who serve concurrently as Judges of the High Court. The Minister has supported the Judge President with the appointment of acting Judges in an existing vacancy and pro bono to enable the Judge President to build experience in the Court’s work.
An Interdepartmental Steering Committee was established on direction of the Director General (DG) of the Department of Justice and Constitutional Development (DoJ&CD) to assist with a needs assessment inclusive of the determination of the financial impact of the Act and draft regulations to ensure the successful implementation of the Act. The Office of the Chief Justice (OCJ), after consulting the Judge President and then Acting Deputy Judge President, provided a projected additional costing of R40 million per annum on the Court’s needs for the successful implementation of the Act to the Steering Committee, which costing envisaged an increased establishment to 12 permanent Judges and a research and support component that will enhance the efficiency of the court, provide a mediation budget, and ensure the Court’s ability to adopt CourtOnline, currently being rolled out nation-wide by the OCJ.
The Minister of Finance has, in accordance with the provisions of section 37(2) of the Land Court Act, 2023 provided his concurrence for the promulgation of the draft regulations, which included inter alia mediator fees and assessor fees, which concurrence was, however, based on the understanding that the financial implications associated with the implementation of the regulations will be funded in full from within existing departmental and entity budget baselines. The OCJ and the Department is assessing the feasibility of the impact of the implementation of the regulations on current baselines of all Stakeholder Departments, mindful in particular of the need to implement the commitment in the Land Court Act to mediation.
In the interim, and subject to budget constraints, the Judge Presidentand Deputy Judge President have sought to implement the Land Court Act by addressing four key areas:
i) Visibility and access to the court
The main seat of the Land court is in Randburg and is not visible nor easily accessible. The leadership of the Court has embarked on a program to engage Magistrates Courts as an access nodal. This will include, where appropriate, and training clerks at identified Magistrates Courts to provide basic contact information to people making enquiries of the Court. Further communications strategies are under consideration.
The leadership of the Land Court further is in the process of reaching out to all Divisions of the High Court with a view to enabling the Court to operate nationally by establishing a nodal access point in all High Courts with a trained judge and registrar at each division.
The Court is also engaging Legal Aid South Africa and Community Advice Offices South Africa (COASA) to provide a bridge between the Court and rural communities.
ii) Specialist Training
Land Court matters are specialist in nature and the court has commenced implementing a training program in conjunction with CAOSA and other stakeholders to educate legal professionals and community based paralegals. The leadership of the Court is considering specialist judicial training to empower aspirant Land Court Judges, to strengthen the skills of sitting Judges including High Court judges with an interest in land law. The Court, furthermore, supports training initiatives of its stakeholders, to date, Legal Aid South Africa and Pabasa.
iii) Backlog of dormant cases and case management
Within existing budget constraints, the court is piloting a project to address historical dormant matters through an audit process and engagements with its stakeholders (notably the Commission on Restitution of Land Rights, the Department of Rural Development and Land Reform, Legal Aid South Africa) and CAOSA, who in turn is engaging pro bono- service providers to enhance research capacity to reactivate these matters where appropriate.
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Subject to constraints on judicial capacity, the Court is in process of placing all active matters under case management to facilitate their enrolment and finalisation.
iv) Modernisation and technology
The Court Online system went live in September 2024 with its first phase of roll out. The Court is rolling out the system considerate of the challenges faced by rural people in accessing data and technology. In the result, the leadership of the Court, with the support of the OCJ, is rolling out the system in a manner that seeks to emphasise rural access through eg training of Legal Aid practitioners, training paralegals and enabling community access.
06 January 2025 - RNW1730
Tshotetsi, Mr NT to ask the Minister of Justice and Constitutional Development
(1) What are the reasons that according to the annual report her department did not meet its turnaround target of 90 days in respect of cases lodged for child maintenance (details furnished); (2) what total number of maintenance officers are in the employ of her department?
Reply:
(1) The non-achievement of the target can be attributed to human resource capacity constraints due to insufficient maintenance officers in the various courts. The Department is addressing capacity issues through a phased approach with the concurrence of the Department of Public Service and Administration (DPSA) depending on the availability of resources to fund these positions.
(2) The total number of maintenance officers in the employ of the Department of Justice and Constitutional Development is 173.
06 January 2025 - RNW1755
Ntlangwini, Ms EN to ask the Minister of Justice and Constitutional Development
What progress has the National Prosecuting Authority made in prosecuting apartheid era crimes as was recommended in the report of the Truth and Reconciliation Commission?
Reply:
Significant progress has been made by the National Prosecuting Authority (NPA) in prosecuting apartheid era crimes. Since September 2021, Truth and Reconciliation Commission (TRC) matters have been prioritised with the creation of separate TRC components in both the NPA and the Directorate for Priority Crime Investigation (DPCI) to drive progress on all TRC matters under investigation.
Progress was shared at previous appearances before the Portfolio Committee on Justice and Constitutional Development (JPC), the most recent on 17 September 2024. Annexure A (Attached please find a copy for ease of reference).
One hundred and four (104) new investigations stemming from the TRC have been re-opened since 2021. There are currently a total of one hundred and twenty-six (126) cases under investigation.
Since September 2021, the original findings of five (5) inquests have been overturned, with multiple inquests and re-opened inquests, set to commence in 2025 including, but not limited to, that of Mr Griffiths Mxenge, Chief Luthuli and Mr Booi Mantyi.
There are six (6) matters on the criminal court roll which are either partly heard or set to commence with evidence shortly. The first conviction post-September 2021 was also secured in September 2023, where the accused was sentenced to ten years direct imprisonment.
There are nine (9) PCLU recorded prosecutions between 2003 and 2007,
Sixteen (16) TRC prosecutors and twenty-nine (29) DPCI investigators have been appointed to oversee TRC investigations throughout the country. The core function of the dedicated officials is to investigate /guide investigations whereafter decisions to prosecute or not are to be made.
Prior to 2024, prosecutors were appointed on a three-year and subsequently a one-year contract. Nineteen (19) permanent TRC posts have now been created. This demonstrates the commitment and seriousness of the approach of the NPA in dealing with TRC matters.
In addition, ten (10) Deputy Directors of Public Prosecutions (DDPPs) were appointed within the respective divisions to oversee and guide prosecutors regarding TRC matters. DPCI has similarly appointed senior managers to oversee the investigations on TRC matters.
06 January 2025 - RNW1732
Mathafa, Mr OM to ask the Minister of Justice and Constitutional Development
Whether, considering that in recent amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 at 2007, women under the age of 25 are considered a vulnerable group, her department has had any engagements with institutions of higher learning in furtherance of the objectives of the specified Act and in protection of women, given the fact that many young women in the specified age bracket are found in such institutions; if not, why not; if so, what are the relevant details?
Reply:
- Yes, the Department has had a number of engagements with the Department of Higher Education (DHET). However, it is worth-noting that section 45 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007), places a legal obligation on all employers of persons working directly with vulnerable persons to apply to the Registrar of the National Register for Sex Offenders (NRSO) for a prescribed certificate stating whether or not the particulars of the employee are recorded in the Register. This provision also applies to DHET and all its institutions of higher learning, and it expressly requires them to take all necessary steps to ensure compliance with law, as failure to do so amounts to a crime.
- In 2023, the Department partnered with DHET to sensitise the institutions of higher learning on processes to be followed when applying for the vetting of their employees and other relevant functionaries against the NRSO. The DHET and its institutions further committed to draft individual readiness plans to ensure optimal compliance with section 45 of the Act.
- The briefing meetings and workshops with DHET and the institutions of higher learning are ongoing, and in this financial year, the following sessions have been held:
(1) |
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(b) |
(c) |
(2) |
Government Pensions Administration Agency
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The GPAA received an Unqualified audit opinion with emphasis of matters for the period 2023-24. This is the second-best audit opinion after the “Unqualified audit opinion without material findings”, colloquially called a “clean audit”. The National Treasury monitors the GPAA financial and non-financial performance on a quarterly basis together with all other Schedule 3A entities reporting to the Minister and government components. The Minister issues letters to each entity and government component such as the GPAA outlining specific matters related to the prior year audit which they are required to adhere to. These are monitored on a quarterly basis by the National Treasury to ensure that the entity or component remedies the situation. |
The entity disclosed incurred irregular expenditure of R3 855 000 as it did not follow applicable procurement legislation. National Treasury will continue to monitor the irregular expenditure on a quarterly basis and report to the Minister. |
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Financial and Fiscal Commission
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The FFC is a Chapter 9 institution in terms of the Constitution and therefore reports to the Office of Institutions Supporting Democracy.
All audit related queries and action plans thereof are best addressed by the Speaker of Parliament due to the independence of the FFC from the National Treasury. While the FFC receives fiscal transfers from the National Treasury, it is an independent institution from the National Treasury and the Minister of Finance |
The entity restated the corresponding figures for 31 March 2023 financial year because of an error in the financial statements. The entity further disclosed the provision of the surrender of surplus amounting to R16 717 156 (2022-23: R27 202 457). |
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GPAA |
The entity disclosed incurred irregular expenditure of R3 855 000 as it did not follow applicable procurement legislation |
National Treasury will continue to monitor the irregular expenditure on a quarterly basis and report to the Minister.
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IRBA |
The entity is involved in ongoing litigation regarding its authority to prescribe various fees in terms of the Auditing Professional Act 26 of 2005, as amended. The High Court had previously issued a judgement against the IRBA and an order for the IRBA to pass credits in respect of the relevant fees to affected registered auditors. The Board took the decision and the order on appeal to the Supreme Court of Appeal. The appeal was heard by the Appeal Court of appeal on 11 March 2024, with the judgement received on 22 July 2024. The appeal succeeded in part, with the court ordering the Board to, among other things, reconsider certain fee structures by March 2025. The Board’s decision following the judgement is reserved, as the judgement is still being consulted on and studied. |
As a result, and due to the timing of the judgement, management is unable to reliably estimate the financial exposure.
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Landbank |
The Land Bank received an unqualified audit opinion for the year ended 31 March 2024. The reason as cited by the Auditor-General of South Africa for Land Bank not achieving a clean audit. The financial statements submitted for auditing were not fully prepared in accordance with the IFRS, as required by section 55(1) (b) of the PFMA. Material misstatements were identified on funds under administration, related parties, cash flow statement, commitments, segment reporting, insurance contracts and investments. The misstatements identified by the auditors in the submitted financial statement were subsequently corrected. |
The National Treasury monitors the Land Bank financial and non-financial performance on a quarterly basis. Where the Land Bank does not perform well, the DDG writes a letter to the Land Bank indicating all areas of concern. The Land Bank audit remedial committee under the oversight of the Audit and Finance sub-committee of the Board has been reinstated and will focus on remediating all challenges identified during the audit process to implement appropriate internal control processes as well as ensuring that existing internal controls in the organisation remain intact |
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PIC |
The PIC obtained an unqualified audit opinion with the following material findings:
The PIC incurred an irregular expenditure amounting to R1,151 000, because of overpayments in bonuses, and acting allowance in non-compliance with the remuneration policy |
The PIC has taken actions to capacitate the relevant employees. Where there is a need for further disciplinary action this will be pursued against the relevant employees.
The PIC will also implement continuous training for all employees involved in the investment process. This will ensure employees fully understand and adhere to all policies and standard operating procedures.
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The Department is committed to providing DHET and its institutions with the necessary assistance to ensure compliance with the Act so as to contribute to the realisation of the country’s agenda towards the prevention and elimination of sexual violence at institutions of higher learning and the country at large.
06 January 2025 - RNW1605
Zungula, Mr V to ask the Minister of Justice and Constitutional Development
Whether she will furnish Mr V Zungula with statistics and/or data on the total number of individuals who were subsequently identified as non-citizens and/or undocumented immigrants who were released on bail and failed to appear in court, resulting in unsuccessful prosecutions of such persons not being held accountable for the crimes committed; if not, why not; if so, what are the relevant details?
Reply:
The department does not keep specific statistics on illegal immigrants appearing in our courts. The illegal immigrants when arrested by SAPS are communicated to Department of Home Affairs. The Department of Home Affairs then facilitate the court appearance and the deportation plans.
06 January 2025 - RNW2173
Hadebe, Mr N to ask the Minister of Justice and Constitutional Development
Considering the evolving legal landscape, (a) what steps are being taken to improve the efficiency of court processes and reduce case backlogs and (b) how is her department addressing challenges related to access to justice for marginalized communities?
Reply:
DRAFT REPLY
(1) The Norms and Standards for the performance of judicial functions. issued by the Chief Justice in terms of section 8 of the Superior Court Act, 2013 read with section 165(6) of the Constitution, seek to achieve the enhancement of access to quality justice for all, to affirm the dignity of all users of the court system and to ensure the effective, efficient and expeditious adjudication and resolution of all disputes through the courts, where applicable.
In addition, the amendment of the Uniform Rules of Court, with the inclusion of Rules regulating Judicial Case management was gazetted in 2019 to alleviate congested trial rolls and to address the problems which cause delays in the finalisation of cases. Practice Directives were issued in all Divisions of the High Court to regulate the implementation thereof.
The Court Online system has been introduced in the Superior Courts to ensure electronic filing to enhance access to the people of South Africa, whilst increasing efficiency and reducing paperwork. The System is fully functional in the Gauteng Division of the High Court, the Western Cape Division of the High Court, the Labour Court and the Land Court. Further roll out to all other Divisions is in progress.
Notwithstanding the process improvements, the shortage of Judges is affecting the efficiency of operations in the Superior Courts. This is however a macro policy matter that falls within the ambit of both the Executive and Judiciary as Arms of the State. The Minister responsible for the administration of justice in line with the Constitution, has already embarked on a process of the rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa as well as the review of the judicial establishments, led by the former Deputy Chief Justice Moseneke.
The Leadership of the Gauteng Division has met with the Minister of Justice and Constitutional Development and the Deputy Minister to explore options at resolving the situation affecting both Gauteng Divisions. It was agreed that the Division’s Leadership would explore mediation as an option and to this end the necessary meetings have been held with some Mediation Associations. An implementation framework is being considered. The Leadership of the Division however proposed that, in the interim and whilst awaiting the final report of the Moseneke Committee, the Minister consider allowing the Division to appoint additional acting Judges to be dedicated to the civil trial rolls with a view to arresting the backlog escalation. The Minister requested time to consider this proposal.
(b) Item 16(6)(a) of schedule 6 of the Constitution of the Republic of South Africa, 1996, envisioned that as soon as practical, the structure, composition, functioning and jurisdiction of all courts would be rationalised with a view to “establishing a judicial system suited to the requirements of the Constitution”. The requirement of the Constitution includes giving full effect to the right of access to justice as well as the rights and foundational values of dignity and equality. The Minister responsible for the administration of justice in line with the Constitution, has already embarked on a process of the rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa as well as the review of the judicial establishments, led by the former Deputy Chief Justice Moseneke to address challenges related to access to Justice which will include access to justice for marginal communities.
06 January 2025 - RNW2372
Letlape, Dr TKS to ask the Minister of Justice and Constitutional Development
Whether she will furnish Mr T K S Letlape with a complete breakdown of all official travel for (a) her and (b) the Deputy Minister since they assumed office, including the (i) purpose and justification for each trip, (ii) destination details, (iii) costs incurred, including but not limited to transport, accommodation, meals and other related incidental expenses, (iv) names and roles of all accompanying support staff and their respective costs and (v) additional costs associated with each specified trip; if not, why not, in each case; if so, what are the relevant details in each case?
Reply:
(a) During the period from 09 July 2024 to 03 December 2024, the erstwhile Minister of Justice and Constitutional Development (Ms Thembi Simelane, MP) undertook twenty-one (21) official trips and of these three (3) were international trips at the cost of R471 949.39 and the remaining eighteen (18) trips were domestic trips amounting to R173 490.45.
Minister’s international trips she was accompanied by the Spokesperson: Mr Tsekiso Machike and the Minister’s Advisor: Adv. NF Mokhatla, the total cost for the support staff amounted to R325 644.71 for the Spokesperson and R199 323.49 for the Minister Advisor.
(b) The Deputy Minister during the period from 03 July 2024 to 09 December 2024 undertook twenty-seven (27) trips which were only domestic trips. The travel expenses amounted to R183 970.23.
In some of these trips the Deputy Minister was accompanied by the Personal Assistant: Ms Nomusa Ntuli and Parliamentary Officer: Mr Blendynn Williams. The travelling cost for the support staff amounted to R55 110.13 for the Personal Assistant and R26 907.35 for the Parliamentary Officer.
06 January 2025 - RNW1971
Mwali, Mr SG to ask the Minister of Justice and Constitutional Development
With reference to the alarming number of remand detainees languishing in correctional facilities for over two years, which requires urgent attention to ensure justice is served and human rights are upheld, how does her department intend to address trial delays and lengthy remand detentions that lead to the overcrowding and inhumane conditions at correctional centres?
Reply:
The number of remand detainees in correctional facilities for a long period of time is also of concern to Government and more specifically the Ministers’ Cluster for Justice Crime Prevention and Security of which the Minister for Justice and Constitutional Development is the Co- Chairperson.
It is for this reason that the South African Law Reform Commission (the SALRC) is currently engaged in a Review of the Criminal Justice System with a view to overhaul the outdated piece of legislation and to, amongst others:
- Modernise and digitize processes in criminal matters to enhance efficiency.
- Reconsider the provisions related to bail and to address deficiencies or gaps in the statutory framework that require attention. For example, improving participatory rights of victims of crime in the criminal justice system in general and in bail proceedings; delays in the finalisation of criminal matters and resultant lengthy pre-trial detention and overcrowding of correctional service facilities; strengthening police powers to grant bail; affordability of bail; and considering the incorporation of property bail by pledging movable or immovable property, the value of which is commensurate with the bail amount set by the court as security for bail.
These measures are intended to address delays in criminal matters. Additionally, the Department is currently engaged in a project to improve efficiency in our courts, namely, the enhancement of the Integrated Case Management System to ensure that criminal and civil processes in our courts are as automated as possible thus reducing the burden on clerks, prosecutors and judicial officers.
The Department is also working together with the Lower Courts Judiciary to establish a National Backlog Committee structure with proper representation by all role players (National Prosecuting Authority, Legal Aid South Africa, the Legal Practice Council, South African Police Service, Department of Correctional Services) including Judicial Officers.
The Department is also establishing a Roll Collapse Task Team / Monitoring Committee with representation from the Office of the Chief Justice, Legal Aid South Africa, the National Prosecuting Authority, the Legal Practice Council, the South African Police Service and the Department of Correctional Services (DCS).
It is envisaged that these measures together with the existing judicial structures such as the local, district, provincial, and National Efficiency Enhancement Committees, blockages that cause case backlogs will be addressed speedily and backlog cases will be able to be dealt with to reduce the backlogs and the number of remand detainees in the correctional facilities.
While case flow and case management is led by the Judiciary, the Department of Justice and Constitutional Development (DOJ&CD) is taking a leading role in coordinating other criminal justice system role players to reduce incidents of postponements that may contribute to criminal case backlogs.
The Department for Correctional Services (DCS) has the mandate to address both the remand detainees and overcrowding concerns. The Department continually engages with the DCS within the Justice, Crime Prevention and Security (JCPS) structures, such as the JCPS Directors-General Cluster (JCPS DGs) forum and the Development Committee (sub-committee of the JCPS DGs), to address blockages that are contributing to long-standing remand detainees and overcrowding in correctional facilities, in view of the fact that criminal justice processes have a cross- cutting impact which requires coordination and collaboration with all stakeholders.
It is also important that the Protocols already in place to address the incarceration of remand detainees and overcrowding of remand detention facilities, be adhered to and implemented.
06 January 2025 - RNW2378
Trollip, Mr A to ask the Minister of Justice and Constitutional Development
Whether any steps are being taken to review the inexplicable decision of the Legal Practice Council’s disciplinary committee to acquit Eastern Cape lawyer, Mr Steven Kuselo Gqeba, of misappropriating funds, despite only paying R50 000 of a R15 million medical negligence settlement into a trust account meant for a severely disabled child; if not, why not; if so what steps?
Reply:
The misappropriation of funds or the failing to account for missing funds by any legal practitioner is a serious offence, more especially if it involves the most vulnerable. As the Honourable Member is aware, disciplinary proceedings against a legal practitioner falls within the area of responsibility of the Legal Practice Council (the LPC). The LPC is an independent body and any question regarding possible review proceedings should therefore be directed to the LPC.
To be of assistance, the LPC was approached regarding the concerns raised by the Honourable Member. We have been informed that in terms of the provisions of the Legal Practice Act 28 of 2014 (the Act) and the applicable rules, complaints against legal practitioners are investigated by the Investigation Committee and adjudicated by the Disciplinary Committee whose members are independent in that they are not elected members of the National or Provincial Council (the Council).
It is at the outset important to mention that following the Report of the Investigation Committee, Council launched an urgent application for an order suspending Mr Gqeba from practising as an attorney and for the appointment of a curator bonis to take control and manage the trust account of the practice of Mr Gqeba. This order was granted on 8 August 2023 and Mr Gqeba remains suspended from practising as an attorney with no access to the trust account of his practice.
Furthermore, decisions of the Disciplinary Committee only constitute an advice to the Council. The Council is the body entrusted in terms of the Act to uphold and regulate the legal profession in South Africa. It is empowered to accept or reject a decision by the Disciplinary Committee and is not bound by such decision.
Regarding the matter of Mr Gceba, the Disciplinary Committee concluded that he was not guilty on a charge of misappropriation of funds. He was, however, found guilty of having failed to account for the missing funds. The recommended sanction by the Disciplinary Committee is yet to be pronounced.
Under these circumstances, Council is yet to consider the report of the Disciplinary Committee once the processes are finalized.
06 January 2025 - RNW1549
Breytenbach, Adv G to ask the Minister of Justice and Constitutional Development:
(1) With reference to the R1 billion debt owed to the Special Investigating Unit (SIU), (a) which (i) government departments and (ii) entities owe the SIU for services rendered, (b) what is the total amount owed to the SIU by each specified (i) government department and (ii) entity and (c) on what date did the debt become owed by each (i) department and (ii) entity. (2) Whether the departments and entities that owe the SIU for services rendered provided reasons for non-payment; if not, what is the position in each case; if so, what are the relevant details in each case?
Reply:
Find draft reply here
06 January 2025 - RNW1777
Hadebe, Mr N to ask the Minister of Justice and Constitutional Development
With reference to the notice issued by Deputy Judge President Roland Sutherland of the Gauteng South High Court that it sometimes can take up to three and a half years for some cases to be heard in the Republic’s courts, what (a) support, budgetary and otherwise, will her department provide to assist the courts in this predicament and (b) alternative measures have been developed by her department to address the challenge??
Reply:
DRAFT REPLY
(a) The Norms and Standards for the performance of judicial functions. issued by the Chief Justice in terms of section 8 of the Superior Court Act, 2013 read with section 165(6) of the Constitution, seek to achieve the enhancement of access to quality justice for all, to affirm the dignity of all users of the court system and to ensure the effective, efficient and expeditious adjudication and resolution of all disputes through the courts, where applicable.
In addition, the amendment of the Uniform Rules of Court, with the inclusion of Rules regulating Judicial Case management was gazetted in 2019 to alleviate congested trial rolls and to address the problems which cause delays in the finalisation of cases. Practice Directives were issued in all Divisions of the High Court to regulate the implementation thereof.
The Court Online system has been introduced in the Superior Courts to ensure electronic filing to enhance access to the people of South Africa, whilst increasing efficiency and reducing paperwork. The System is fully functional in the Gauteng Division of the High Court, the Western Cape Division of the High Court, the Labour Court and the Land Court. Further roll out to all other Divisions is in progress.
Notwithstanding the process improvements, the shortage of Judges is affecting the efficiency of operations in the Superior Courts. This is however a macro policy matter that falls within the ambit of both the Executive and Judiciary as Arms of the State. The Minister responsible for the administration of justice in line with the Constitution, has already embarked on a process of the rationalisation of areas under the jurisdiction of the Divisions of the High Court of South Africa as well as the review of the judicial establishments, led by the former Deputy Chief Justice Moseneke.
(b) The Leadership of the Division has met with the Minister of Constitutional Development and the Deputy Minister to explore options at resolving the situation affecting both Gauteng Divisions. It was agreed that the Division Leadership would explore mediation as an option and to this end the necessary meetings have been held with the Mediation Associations. The framework of how this will work is being considered. The Leadership of the Division however proposed that, in the interim and whilst awaiting the final report of the Moseneke Committee, the Minister consider allowing the Division to appoint additional Acting Judges to be dedicated to the Civil trial rolls with a view to arresting the backlog escalation. The Minister requested time to consider this proposal.
19 December 2024 - NW2149
Nomvalo, Mr S to ask the Minister of Justice and Constitutional Development
(1) What process was followed with the appointment of a certain person (name and details furnished; (2) whether the specified person met all the standard requirements for the specified position; if not, what is the position in this regard; if so, what are the relevant details? NO3036E
Reply:
1. The Deputy National Director of Public Prosecutions ("DNDPP") was appointed as such in terms of s. 11(1) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) ("NPA Act"), which provides as follows:
"The President may, after consultation with the Minister [of Justice and Constitutional Development ('DOJ&CD') – hereafter referred to as 'the Minister'] and the National Director [of Public Prosecutions ('NDPP')], appoint not more than four persons, as Deputy National Directors of Public Prosecutions." (Italics in the legislative text).
The procedure prescribed in s. 11(1) of the NPA Act, as aforesaid, was followed in the appointment of Adv. Du Plessis as a DNDPP.
2. Section 9(1) of the NPA Act prescribes the qualifications for appointment as an NDPP, a DNDPP or a Director of Public Prosecutions ("DPP"). This provision states as follows:
"Any person to be appointed as National Director, Deputy National Director or Director must-
- possess legal qualifications that would entitle him or her to practise in all courts in the Republic; and
- be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned."
The implication of this provision is that DNDPPs must have, as a minimum, an LLB degree.
Adv Du Plessis met all the above-mentioned requirements. In addition to holding an LLB degree, he has a Masters degree in Law (LLM) and has extensive senior management experience at multiple levels.
18 December 2024 - NW2330
Kgobisa-Ngcaba, Ms K to ask the Minister of Justice and Constitutional Development
Whether, with reference to the provisions of the Regulation of Interception of Communications and Provision of Communication-related Information Act, Act 70 of 2002, which, among others— i. Prohibits telecommunication service providers from activating SIM-cards unless the information required in section 40(2) has been recorded and ii. Further burdens the specified service providers to verify the information provided and iii. Also, their employees and/or agents to report false information submitted to the SA Police Service, Any of the telecommunication service providers have been convicted under section 50 for contravening section 40. If not, what is the position in this regard. If so, what are the relevant details of each individual case in terms of the (a) Offending telecommunication service provider, (b) Date of the conviction, (c) Fine and/or sentence imposed and (d) Penalty paid and/or sentence served to date?
Reply:
The Regulation of Interception of Communications and Provision of Communication-related Information Act, Act 70 of 2002 (RICA), provides in Section 50 for the offence of providing (disclosing) communication related information other than to the relevant customer.
For the purposes of the response to the question, it is assumed that the reference is to Section 51 of the RICA, which provides in particular in subsection (3A) (b) and in (3C) —
“(3A) Any electronic communication service provider who fails to comply with—
(b) section 40 (1), (2), (3), (4) or any determination made thereunder, (6), (7), (9) or (10);
is guilty of an offence and liable on conviction to a fine not exceeding R100 000 for each day on which such failure to comply continues.”
“(3C) An employee or agent of an electronic communication service provider who fails to comply with section 40(8), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.”
According to the information on the integrated Electronic Case Management System (ECMS) no telecommunications service provider has been convicted for contravening Section 40 of the RICA.
[See the related Parliamentary Question number 935, of the Internal Question Paper published on 13 September 2024 (Internal Question Paper: National Assembly no 11-2024)]
17 December 2024 - RCW637
Gotsell, Mr N to ask the Minister of Justice and Constitutional Development:
With reference to the Deputy Minister's undertaking to the Select Committee on Security and Justice that the Master's Office operate on short turn-around time, why the Master of the High Court in Cape Town communicated in a handwritten query on 5 October 2024 in a certain case (details furnished) that the approval of a redistribution agreement could not be approved as a result of the office still dealing with 2023 files?
Reply:
Find reply here
17 December 2024 - NW2326
Klopper, Mr DD to ask the Minister of Justice and Constitutional Development
(1) Considering the successful prosecution of Mr Johannes Mohlala for the illegal investment of R230 million in VBS Mutual Bank, what total number of municipal officials (a) are currently awaiting trial for the alleged illegal investments in the specified bank and (b) remain in government service as (i) officials and (ii) public office bearers; (2) what total number of government officials are being investigated for alleged illegal investments in VBS Mutual Bank (a) but have not yet been charged (b) have (i) open cases against them with the National Prosecuting Authority and (ii) cases enrolled for trial? NW3736E
Reply:
The National Prosecuting Authority (NPA) can confirm that we currently have the following enrolled criminal matters in respect of municipal investments made at the VBS Mutual Bank:
Mahikeng Municipality with one accused appearing before court. The matter is currently postponed for representations to the Office of the National Director of Public Prosecutions.
Collins Chabane Municipality with two accused appearing before court. The matter against one of the accused has been finalised by means of a guilty plea. The case was postponed for an interim application brought by the remaining accused.
Giyani Municipality with three accused appearing before court. The matter was postponed for pre-trial purposes.
Lepelle-Nkumpi Municipality with three accused appearing before court. The matter was postponed for pre-trial purposes.
Fetakgomo Municipality with three accused appearing before court. The matter against two of the accused has been finalised by means of guilty pleas. The case was postponed for an interim application brought by the remaining accused.
Thulamela Municipality with two accused appearing before court. The matter against one of the accused has been finalised by means of a guilty plea. The case against the remaining accused was postponed for the continuation of the trial, as the State is still leading evidence.
Elias Motsoaledi Municipality with three accused appearing before court. Matter was postponed for trial purposes.
West Rand and Merafong Municipalities are being prosecuted together, with three accused appearing before court. The matter was postponed for trial purposes.
The above exposition of matters currently before court, indicates that there is a total of (16) sixteen accused that remain on the court roll, out of the original (20) twenty accused that were initially charged in respect of the different municipalities.
The NPA is unable to indicate which of the accused persons remain in government service as municipal officials and or public office bearers, as this information is not available to the NPA.
Police dockets have also been registered in respect of (11) eleven other municipalities. These cases are currently being investigated. The NPA is unable to provide information on the specific number of suspects at this stage due to the pending investigations in these matters.
17 December 2024 - NW2216
Trollip, Mr A to ask the Minister of Justice and Constitutional Development
What are the full details of her department’s current official position regarding the recommendation of the Moseneke Commission Report on the Rationalisation of Courts to relocate the seat of the Makhanda High Court to Bhisho, given the widespread opposition from various stakeholders (details furnished) and the significant expected negative economic impact on Makhanda; (2) what (a) has she found to be the envisaged economic and social impact on the Makana Local Municipality as a result of the proposed move and (b) is the detailed breakdown of the estimated costs associated with relocating the court to Bhisho; (3) what (a) will become of the existing Makhanda High Court buildings after the move, (b) future use is planned for the buildings and (c) are the proposed timelines for the relocation; (4) what is her department’s detailed rationale for the move in the context of improving access to justice in the region? NW3562E
Reply:
Background:
The former Minister of Justice and Correctional Services, Honourable Minister R Lamola MP, established the Committee on the Rationalisation of Areas Under the Jurisdiction of the Divisions of the High Court of South Africa and Judicial Establishments (the Rationalisation Committee).
One of the recommendations of the Rationalisation Committee was that Bhisho be designated to be the main seat of the Eastern Cape Division of the High Court as opposed to Makhanda.
Question 1:
What are the full details of her department’s current official position regarding the recommendation of the Moseneke Commission Report on the Rationalisation of Courts to relocate the seat of the Makhanda High Court to Bhisho, given the widespread opposition from various stakeholders (details furnished) and the significant expected negative economic impact on Makhanda;
REPLY:
The Rationalisation Committee under the chairpersonship of former Deputy Chief Justice Moseneke, has recommended, amongst others, the moving of the main seat of the Eastern Cape Division of the High Court from Makhanda to Bhisho. This means that if the recommendation is adopted, Bhisho will become the main Division of the Eastern Cape Division while Makhanda will become the Eastern Cape Local Division of the High Court.
With regard to the official position regarding the recommendation, the Constitution as per Item 16(6) of Schedule 6 to the Constitution of the Republic of South Africa, 1996 enjoins the Minister of Justice and Constitutional Development to manage the rationalisation of the High Courts acting after consultation with the Judicial Service Commission. In line with this constitutional injunction, the Minister has shared the recommendations of the Rationalisation Committee with the Judicial Service Commission as part of the consultation process outlined in the above-mentioned provisions of the Constitution. Once the Judicial Service Commission has provided its views to the Minister, it would only be then that the Minister will, after considering a number of factors, take a position. It would be premature for the Minister to take a position without the benefit of the views of the Judicial Service Commission.
question 2:
what (a) has she found to be the envisaged economic and social impact on the Makana Local Municipality as a result of the proposed move and (b) is the detailed breakdown of the estimated costs associated with relocating the court to Bhisho;
Response:
(a) When the Minister takes a final decision on the recommendation of the Rationalisation Committee to move the main seat from Makhanda to Bhisho, she will be guided by amongst others, the submissions from stakeholders including but not limited to the economic and social impact on the Makana Local Municipality.
(b) According to our estimation, the total costs for the expansion of the Bhisho High Court is R310 Million.
question 3:
what (a) will become of the existing Makhanda High Court buildings after the move, (b) future use is planned for the buildings and (c) are the proposed timelines for the relocation.
Response:
(a)(b) and (c)The Makhanda Division of the High Court will continue as a local seat and serve the people of Makhanda.
question 4:
What is her department’s detailed rationale for the move in the context of improving access to justice in the region?
Response:
The reasons for the proposed move of the main seat of the Eastern Cape Division from Makhanda to Bhisho are contained in the report of the Rationalisation Committee and can be summarised as follows: Currently, the main seat at Makhanda exercise jurisdiction over the territories that constituted the former South-Eastern Cape province (pre-1994). It has concurrent jurisdiction all the local divisions (Bhisho, Gqeberha and Mthatha). The Bhisho local seat exercise jurisdiction over the magisterial districts of the former Ciskei. The proposed dismantling of the pre-1994 jurisdictions through the rationalisation of the areas of jurisdiction of the Bhisho local seat will increase the size of the area to be served by this court. This will likely increase the case load of the court. The court will as a result serve almost 40% of the entire Eastern Cape Province population.
The report of the Committee further demonstrates through comparative data, the beneficial impact of lessened travelling distance for the users of the High Court Division within the province if the main seat of the Division were to be moved from Makhanda to Bhisho.
In their view the current status quo does not advance the constitutional objective of access to justice. The East London/Bisho corridor is also relatively the most central in the Province. It is also a known fact that, most of the population of the Province is concentrated in the east, west and middle of the Province, with the local seats at Mthatha, Bhisho and Gqeberha.
The move of the main seat of the Division of the Eastern Cape High Court remains part of the reconfiguration of the country and particularly the Eastern Cape Province, which has been ravaged by the colonial and apartheid and misrule and the re-alignment of the institution with the national demand.
According to the Committee’s reasoning the move of the main seat to Bisho is purely motivated by the imperative of access to justice for all citizens of that Province. Bhisho is relatively the most central town/city. Owing from the fact that the seat of the division has concurrent jurisdiction, it is only fair that the main seat be easily accessible, equally, or almost equal by all the litigants. And Bhisho is the most appropriate location to achieve this objective. Many citizens and residents need to travel to or use courts without consideration of lawyers’ fees.
17 December 2024 - NW2207
Beesley, Mr AD to ask the Minister of Justice and Constitutional Development
What is the total cost incurred by the State, across all responding departments and State functionaries, in respect of litigation concerning the United Democratic Movement and Others v Eskom Holdings SOC Ltd and Others, including all associated legal proceedings related to the specified matter?
Reply:
The matter is handled by the office of State Attorney: Pretoria and according to the records, counsels have not submitted their fee claims or invoices in this matter, and therefore there are currently no legal costs expended.
17 December 2024 - NW2038
Hattingh, Mr C to ask the Minister of Justice and Constitutional Development
What is the status of case number 892/09/17 that was laid at Pretoria Central Police Station on 12 September 2017? NW3434E
Reply:
The National Prosecuting Authority (NPA) was able to establish that Pretoria Central CAS 892/09/2017 is being investigated by the Anti-corruption unit within the Directorate for Priority Crime Investigations (DPCI).
It seems to be an investigation of allegations of fraud relating to foreigners from India that were brought to the country to work on the Estina project, using fraudulently obtained documents from the Department of Home Affairs. Even though the matter is a spin off from the Estina investigation, it is not investigated by the Investigating Directorate against Corruption (IDAC) as it falls outside IDAC’s mandate.
The office of the Director of Public Prosecutions, Gauteng Division, Pretoria was also approached. The Director’s office indicated that the said matter does not show on their systems/registers.
It therefore does not seem as if this docket is currently in the NPA space.
It is respectfully recommended that the response to the question must be obtained from the DPCI.
13 December 2024 - NW854
Mathys, Ms L to ask the Minister of Justice and Constitutional Development
(1) What number of child maintenance cases (a) were lodged during the period 1 March 2023 to 28 February 2024, (b) were successfully prosecuted, (c) have not been prosecuted, (d) were lodged by mothers in each province in the specified period in each case and (e) what is the percentage of cases in each case; (2) what (a) number of incomplete child maintenance cases were carried over into the period 1 March 2023 to 28 February 2024 in each province and (b) is the percentage of the specified cases in each province?
Reply:
1. (a)A total of 117 363 of new applications were registered from 01 March 2023 – 29 February 2024. These new registered applications exclude incomplete child maintenance applications.
(b) The response from the National Prosecuting Authority (NPA) on the number of cases involving the failure to pay maintenance in terms of a court order, successfully prosecuted during 1 March 2023 until 28 February 2024, amounted to 217. These exclude those cases which may have been converted during the proceedings (trial) into a maintenance enquiry in terms of section 41 of the Maintenance Act, Act 99 of 1998.
(c) The NPA does not specifically record the number of persons “not prosecuted” in maintenance as the court may either of its own accord or on request of the public prosecutor convert the proceedings, before or after plea, into a maintenance enquiry. It is important to note that all maintenance matters receive the necessary attention to ensure compliance with the court orders.
(d)The Maintenance Integrated Case Management System (Maintenance: ICMS) does not
collect data on the number of mothers applying for maintenance per province nor use the profile of the applicant as these matters are determined during enquiry to establish legal standing. The Maintenance: ICMS data collection only focuses on court processes and information relating to Maintenance Regulations rather than the relational profile of the Applicant.
(e) As the Maintenance: ICMS does not provide data disaggregated on the profile of the
Applicant, the Department is unable to provide the percentages of mothers applying for maintenance per province. However, it can be indicated that from the files, it can be indicated that most child maintenance applications are brought by mothers on behalf of their children.
2. (a)There were 170 567 incomplete child maintenance cases (backlog applications).
carried over as of 28 February 2024. This number may include some of the applications carried over from 1 March 2023 – 28 February 2024.
Table 1: incomplete child maintenance cases applications as of 28 February 2024
Province |
Incomplete child maintenance cases as at end of Feb 2023 |
Eastern Cape |
6575 |
Free State |
17601 |
Gauteng |
65532 |
KwaZulu Natal |
11990 |
Limpopo |
1784 |
Mpumalanga |
5919 |
North West |
21477 |
Northern Cape |
4105 |
Western Cape |
35584 |
Grand Total |
170567 |
(b) Table 2 below shows percentage of incomplete child maintenance applications per Province against the total number of incomplete applications as at 28 February 2024 showing from the Province with the highest volume of incomplete applications to the lowest volume of incomplete applications.
Table 2: Percentage of incomplete child maintenance applications per Province as at end of February 2024
Province |
Incomplete applications as at end of February 2023 |
Percentage of incomplete applications Per Province |
Gauteng |
65532 |
38% |
Western Cape |
35584 |
21% |
North West |
21477 |
13% |
Free State |
17601 |
10% |
KwaZulu-Natal |
11990 |
7% |
Eastern Cape |
6575 |
4% |
Mpumalanga |
5919 |
3% |
Northern Cape |
4105 |
2% |
Limpopo |
1784 |
1% |
Grand Total |
170 567 |
100% |
13 December 2024 - NW1677
Dlamini, Ms M to ask the Minister of Justice and Constitutional Development
What total number of (a) persons were charged with (i) rape and (ii) sexual assault in the past year, (b) those cases were prosecuted and (c) convictions were secured?
Reply:
(a). The National Prosecuting Authority does not keep record of the number of persons charged with rape and sexual assault by the South African Police Service (SAPS).
(b). However, the cases enrolled in court as extracted from the Electronic Case Management System (ECMS) and in which accused were charged for the past year (April 2024 to 27 November 2024) on rape, amounted to 7 196 cases; whilst on sexual assault, it amounted to 473 cases.
(c). The number of convictions secured during the same period on rape amounted to 1 916 cases and on sexual assault, it amounted to 237 convictions.
13 December 2024 - NW1866
Zungula, Mr V to ask the Minister of Justice and Constitutional Development
(1) Whether she will consider proposing legislative amendments to classify the corrupt issuance of South African documents by Home Affairs officials as treason; if not, what is the position in this regard; if so, what are the relevant details; (2) whether she will advocate for a minimum sentence of life imprisonment without parole for such offences, to effectively deter and punish those compromising national security; if not, what is the position in this regard; if so, what are the relevant details? NW3183E
Reply:
(1) In response to the question raised, the following should be noted:
(a) The current sanctions provided for in the Identification Act, 1997 (Act No. 68 of 1997), administered by the Department of Home Affairs, for recording any particulars in the population register, unless authorised, is a fine or imprisonment for a period not exceeding five years.
(b) Compromising the population register through corrupt issuance of Identity Documents, leading to a compromise of national security, is a policy matter that the Department of Home Affairs may deal with, through an amendment to the Identification Act.
(c) As part of my work, as co-chair of the Justice, Crime Prevention and Security Cluster, we are engaged in a process of strengthening border management.
(2) An amendment to the penal provisions contained in the Identification Act may provide for any penalty commensurate with the gravity of any offence committed, regardless of whether a person is an official or an ordinary citizen who provides a false statement, in order to aid a non-citizen to acquire an Identity Document.
13 December 2024 - NW2054
Zungula, Mr V to ask the Minister of Justice and Constitutional Development
Whether, with reference to the two foreign nationals who were granted R20 000 bail on 4 November 2024, following their arrest for operating an illegal Home Affairs office at Matthews Meyiwa Road in Greyville, Durban, from where they allegedly facilitated the issuing of fake marriage certificates and spousal visas, she has found that it is in the interest of justice to grant bail to arrested illegal immigrants from various countries, considering (a) that they are in the country illegally and may flee if released on bail and (b) the threat they pose to national security through their illegal document production; if not, why not; if so, what are the relevant details?
Reply:
Section 165(2) of the Constitution, Act 106 of 1996 states that the Courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.
Although Magistrates are appointed by the Minister of Justice and Constitutional Development upon the recommendation of Magistrate Commission, they are Judicial Officers protected by the principle of judicial independence.
Granting bail, it is the duty of the judicial officer to assess the facts and circumstances of the case in accordance with the law. The decision to grant or deny bail is made based on the discretion of the judicial officer, who considers the relevant legal principles.
The Minister of Justice and Constitutional Development has no power to interfere with the decision that the Magistrate has taken to grant bail to the Accused.
29 November 2024 - NW1626
Klopper, Mr DD to ask the Minister of Justice and Constitutional Development
In view of the National Prosecuting Authority (NPA) reporting that 1 820 621 cases were returned to the SA Police Service (SAPS) for further investigation in the past five financial years, what number of the specified cases (a) have been returned to the NPA, (b) are being prosecuted, (c) have been (i) successfully and (ii) unsuccessfully prosecuted, (d) are still with the SAPS for investigation and (e) have been closed without result?
Reply:
Response to (a)
The number of case dockets referred for further investigation that have been returned to the NPA cannot be determined from the manual register data, as case dockets are returned in some instances more than once.
Response to (b):
The number of case dockets from which prosecution has been instituted by way of summonses and warrants totals 440 528 cases.
Prosecutions were also instituted in 2 634 cases that included an option to resort to alternative dispute resolutions.
Prosecutions were also instituted in 10 459 instances where admission of guilt was set and paid by accused.
Response to (c):
Referring to the question as to how many of these cases have been (i) successfully and (ii) unsuccessfully prosecuted:
The way decision dockets are recorded in a decision docket register, makes it impossible for the NPA to provide statistics in this regard. It may be important to note that in general, successful prosecutions in the criminal courts have been measured over the past five years where the conviction rates recorded in the District courts were 94.9%, the Regional courts were maintaining a 82% conviction rate and the High courts obtained a 91% conviction rate.
Response to (d)
The number of case dockets referred for further investigation that are still with the SAPS for investigation cannot be determined from the manual register data, as case dockets are returned in some instances more than once.
Response to (e):
The number of cases that have been closed without result amounted to 2 227 453. These do not only relate to the case dockets referred back to SAPS for further investigation. It is important to note that there are several reasons why a decision may be taken not to institute prosecution:
- Lack of or Insufficient Evidence: The docket may be closed without instituting a prosecution if the evidence gathered, does not meet the threshold required for a prosecution.
- Unavailability of witnesses or Non-Cooperation: Without reliable witness testimony, the prospects of a successful prosecution are often compromised, leading to docket closure.
- Statutory or Technical Deficiencies: Cases might be closed if they fail to meet procedural requirements.
- Diversion Programs and Admission of guilt: In minor cases, particularly those involving juvenile offenders or first-time offenders, cases are finalised with alternative approaches such as attending diversion programs or admission of guilt fines can be paid by the accused without appearing in court.
- Lack of Identifiable Suspects: If no clear suspects are identified despite extensive investigation, the police may close the case. Such dockets remain open, to be revisited if additional evidence or leads emerge in the future.
- Strategic Prosecution Decisions: Some cases are not pursued as they fall in the category of being classified as de minimus cases.
The National Prosecuting Authority (NPA) records decision dockets in a manual register that is used for two purposes; namely:
- to track the flow of case dockets received from the South African Police Service (SAPS) for decision,
- to monitor the workload of decision dockets to be read and considered by prosecutors.
It may, therefore, result that an individual case docket received from the SAPS may be recorded more than once in the register. The fact that “1 820 621 cases were returned to the SAPS for further investigation” does not necessarily relate to actual 1 820 621 different case dockets as some may have been returned to the prosecutors more than once for decision purposes.
It should be taken into account that the number of cases returned to the SAPS for further investigation, include all matters for the past 5 years which would explain the large volume of cases.
Matters returned to the SAPS for further investigations, may be done so for various reasons:
1. Insufficient Evidence:
Often, cases are returned because they lack the necessary evidence to proceed with prosecution.
2. Quality of Investigations:
The investigative quality of certain cases may fall short of the standards needed for a successful prosecution.
3. Complexity of Cases:
Cases involving intricate issues such as organised crime, financial crimes, or high-profile corruption cases, require specialised investigative efforts. These cases often demand in-depth investigations that are cumbersome and highly technical.
4. Verification and Corroboration of Facts:
Prosecutors may need additional information to verify or corroborate evidence.
5. Legal Requirements:
Cases are often returned to the SAPS if there is a failure to meet specific legal standards, for example, adhering to chain-of-custody requirements for evidence.
29 November 2024 - NW1295
Trollip, Mr A to ask the Minister of Justice and Constitutional Development
What was the annual conviction rate of the Scorpions for all categories of crime relevant to their mandate since their establishment in 1999 up until their disbanding in 2009?
Reply:
The DSO was formally established on 12 January 2001 in terms of Act 61 of 2001. The Presidential directive in June 1999, mandated the DSO to deal with matters in the following major areas of crimes:
- Organised crime
- Complex and serious financial crimes
- Public and private sector corruption
- Offences of racketeering and money laundering created in terms of the provisions of POCA)
The DSO started reporting performance statistics as from 2002/3 and recorded overall annual conviction rates as follows:
Reporting Period |
Overall Conviction Rate for DSO |
2002/3 |
86% |
2003/4 |
94% |
2004/5 |
88% |
2005/6 |
82% |
2006/7 |
85% |
2007/8 |
94% |
2008/9 |
98% |
29 November 2024 - NW1541
Klopper, Mr DD to ask the Minister of Justice and Constitutional Development
(1) In relation to conviction rates for cyber-crimes by the National Prosecuting Authority (NPA), what was the specific conviction obtained for each of (a) the 39 convictions in the 2022 23 financial year and (b) the 55 convictions in 2023 24 financial year; (2) what total number of cases (a) were referred to the NPA for prosecution in the two specified financial years and (b) were referred for prosecution in the same period still have no outcome?
Reply:
1. The National Prosecuting Authority only recorded the numbers of convictions manually and did not keep record of the specific crimes in each of these cases, for both the 2022-23 and 2023-24 financial years. The details of these cases are thus not readily available.
The data on the Electronic Case Management System (ECMS) provides limited data as all cases were not electronically recorded, but the following offences were recorded on the system for the two years:
2022-23:
2 = Possession of Child Pornography
1 = Cyber uttering
1 = Disclosure of message of intimate image
1 = Obstructing a police officer / investigator in terms of a search warrant authorised in terms of the Cyber Crimes Act
2023-24:
3 = Possession of Child pornography
3 = Disclosure of message of intimate image
1 = Cyber uttering
1 = False information under oath or affirmation in terms of the Cyber Crimes Act
1 = Obstructing a police officer / investigator in terms of a search warrant authorised in terms of the Cyber Crimes Act
1 = Inciting damage to property or violence with a data message
1 = Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device
2. The case dockets referred for prosecution were manually captured and the types of offences were not recorded in order for the information to be readily available.
Although the information on matters referred to prosecution for the previous years are not available, there are currently 37 cases outstanding on the court rolls, containing 88 charges involving contraventions of the Cyber Crimes Act. The number of charges related to each appears in the Table below:
Charge Details |
Nr of charges |
Assisting in, or facilitating the creation, making or production of child pornography |
1 |
Creating, making or producing child pornography in any manner, other than by using a child for child pornography |
2 |
Cyber extortion |
4 |
Cyber forgery |
3 |
Cyber uttering |
3 |
Cyberfraud |
24 |
Disclosure of data message of intimate image |
6 |
Distribution of Child Pornography |
1 |
False information under oath or by way of affirmation in contravention of the Cybercrimes Act |
1 |
Possession of child pornography |
6 |
Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device |
36 |
Using or possession of any software or hardware tool for purposes of contravening the Cybercrimes Act |
1 |
Grand Total |
88 |
The cases related to pornography includes prosecutions in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 where it is read with the Cybercrimes Act.
29 November 2024 - NW1542
Klopper, Mr DD to ask the Minister of Justice and Constitutional Development
Whether the National Prosecuting Authority received any cases of data message (a) that incites damage to property or violence, (b) that threatens persons with damage to property or violence (c) attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offences; if not, what is the position in each case; if so, what are the relevant details in each case?
Reply:
The information retrieved from the integrated Electronic Case Management System (ECMS) in relation to cases relevant to the question raised, is as follows:
a) One case was finalised in August 2023 by the Durban Regional court under Case number 41/779/2022 on a charge of inciting damage to property or violence.
The relevant charge reads as follows:
“In that on or about March 2022 and at or near Durban Central in the District of Durban the accused did, unlawfully and intentionally disclose by means of an electronic communication service, to wit, a data message - a voice note - from a cellular device, to a person, or group of persons with intention to incite:
Violence against a person or a group of persons, to wit foreign nationals, by informing the group to enter all the foreign nationals’ shops, saloons and their place of employment and unlawfully taking their belongings and leave it outside and locking up their shops.”
The accused was sentenced to a fine of R10 000 (Ten Thousand Rand) or 3 (three) years imprisonment, half of which was suspended for a period of 5 (five) years.
(b) There are no recorded cases with a charge that included threats to persons with damage to property or violence.
(c) There are no recorded cases with a charge that included attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offences.
29 November 2024 - NW1773
Nomvalo, Mr S to ask the Minister of Justice and Constitutional Development
(1) What process was followed with the appointment of a certain person (name and details furnished; (2) whether the specified person met all the standard requirements for the specified position; if not, what is the position in this regard; if so, what are the relevant details? NO3036E
Reply:
1. The Deputy National Director of Public Prosecutions ("DNDPP") was appointed as such in terms of s. 11(1) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) ("NPA Act"), which provides as follows:
"The President may, after consultation with the Minister [of Justice and Constitutional Development ('DOJ&CD') – hereafter referred to as 'the Minister'] and the National Director [of Public Prosecutions ('NDPP')], appoint not more than four persons, as Deputy National Directors of Public Prosecutions." (Italics in the legislative text).
The procedure prescribed in s. 11(1) of the NPA Act, as aforesaid, was followed in the appointment of Adv. Anton Du Plessis as a DNDPP.
2. Section 9(1) of the NPA Act prescribes the qualifications for appointment as an NDPP, a DNDPP or a Director of Public Prosecutions ("DPP"). This provision states as follows:
"Any person to be appointed as National Director, Deputy National Director or Director must-
- possess legal qualifications that would entitle him or her to practise in all courts in the Republic; and
- be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned."
The implication of this provision is that DNDPPs must have, as a minimum, an LLB degree.
Adv Du Plessis met all the above-mentioned requirements. In addition to holding an LLB degree, he has a Masters degree in Law (LLM) and has extensive senior management experience at multiple levels.
28 November 2024 - NW586
Webster, Ms NL to ask the Minister of Justice and Constitutional Development
What is the (a) total number of staff employed and/ provided as Ministerial support in (i) her and (ii) the Deputy Minister`s private offices and (b)(i) job title, (ii) annual remuneration package and (iii) highest level of academic qualifications of each specified member of staff?
Reply:
The Minister (a)(i) for the Department of Justice and Constitutional Development has a total of 6 officials appointed in her private office provided by the Department as provided for in the Ministerial Handbook of 22 November 2022.
The Deputy Minister (a) (ii) for the Department of Justice and Constitutional Development has a total of 4 officials appointed in his private office provided for in the Ministerial Handbook of 22 November 2022.
The Table below answers the question (b) (i)(ii) and (iii) for the office of the Minister:
OFFICE OF THE MEMBER TO REGULATION 66 OF THE PSR, 2016 (Question (b) (i) |
ANNUAL REMUNARATION (Question (b) (ii) |
HIGHEST ACADEMIC QUALIFICATION (Question (b) (iii) |
1X Chief of Staff level 14 Mr KL Phasha |
R1436 022.00 (Total remuneration package |
Post Graduate in Management (NQF 8) |
1X Media Liaison Officer: Mr T. Machike |
R1216 824. 00 (Total remuneration package) |
BA Degree in Policy Studies |
1X Community Outreach Officer: SL 11 Ms L. Shikwari |
R849 702.00 (Total remuneration package) |
BA Political Science |
1X Assistant Appointment and Administrative Secretary: SL9 Ms M Mamabolo |
R608 329.32 (Total remuneration package) |
BA Health and Social Servies |
2X Household Aids Ms L. Kom (CPT) Ms R. Mokwena (JHB) |
R212 552.76 (Total remuneration package) |
Senior Certificate |
The table below answers the questions (b) (i)(ii) and (iii) for the office of the Deputy Minister:
OFFICE OF THE MEMBER TO REGULATION 66 OF THE PSR, 2016 (Question(b) (ii) |
ANNUAL REMUNERATION (Question (b) (ii) |
HIGHEST ACADEMIC QAULIFICATION (Question (b) (ii) |
1X Private and Appointment Secretary: Salary level 12 (Seconded from DOJCD) Ms N. Ntuli |
R849 702.00 (Total remuneration package) |
National Certificate in Information and Communication Technology |
1X Parliamentary and Cabinet Support (Salary level 11) Mr B. Williams |
R849 702.00 (Total remuneration package) |
LLB Degree |
1X Community Outreach Officer: SL11 Mr L. Gqili |
R849 702 .00 Total remuneration package |
LLB Degree |
1X Receptionist: SL 5 Ms L Skosana- Adendorf |
R296 491. 29 Total remuneration package |
Senior Certificate |
27 November 2024 - NW1381
Engelbrecht, Mr J to ask the Minister of Justice and Constitutional Development
What total number of court hours do magistrates’ courts work in each day in each region?
Reply:
The tables below depict the total number of court hours magistrates’ courts work in each day in each region.
1 DISTRICT COURT MAGISTRATES COURT HOURS
Admin Cluster |
Criminal |
Civil |
Family |
Hrs p/magistrate p/day |
EC A |
2:07 |
0:30 |
1:11 |
3:48 |
EC B |
2:40 |
0:22 |
1:39 |
4:41 |
FS A |
1:00 |
0:11 |
0:33 |
1:44 |
FS B |
1:38 |
0:12 |
0:41 |
2:31 |
GP 5 |
0:20 |
0:18 |
0:28 |
1:06 |
GP 5A |
6:28 |
2:55 |
5:56 |
15:19 |
KZN A |
2:20 |
0:45 |
1:29 |
4:34 |
KZN B |
1:48 |
0:25 |
0:58 |
3:11 |
LP |
2:15 |
0:28 |
1:39 |
4:22 |
MP |
1:51 |
0:27 |
1:10 |
3:28 |
NC |
1:38 |
0:12 |
1:01 |
2:51 |
NW |
1:33 |
0:32 |
1:31 |
3:36 |
WC A |
1:50 |
0:31 |
1:05 |
3:26 |
WC B |
2:30 |
0:28 |
1:21 |
4:19 |
Grand Total |
1:53 |
0:32 |
1:19 |
3:44 |
2. REGIONAL MAGISTRATES COURT HOURS
Table - Criminal Court Performance Overview
Region |
Court Days |
New Cases |
Number of Trials Enrolled |
Number Of Trials Finalised |
s 77 & 78 |
Withdrawals |
SOR |
Warrants of arrest |
Actual Court Hours |
Average Court Hours |
Clearance Rate |
Enrolled Trials per day |
Finalised Trials per day |
Throughput in hours per case |
EC |
10627 |
6926 |
29623 |
3888 |
59 |
1298 |
844 |
737 |
33230:11 |
03:07 |
99% |
2.79 |
0.37 |
08:25 |
FS |
4795 |
3275 |
12180 |
1555 |
24 |
804 |
432 |
449 |
13557:12 |
02:49 |
100% |
2.54 |
0.33 |
08:35 |
GP |
16346 |
9684 |
36075 |
4100 |
126 |
3882 |
1335 |
1057 |
49804:25 |
03:02 |
108% |
2.21 |
0.26 |
11:47 |
KZN |
13393 |
6751 |
23644 |
3121 |
85 |
1363 |
550 |
469 |
41350:09 |
03:05 |
83% |
1.77 |
0.24 |
12:53 |
LP |
4985 |
3177 |
13679 |
1142 |
27 |
691 |
124 |
235 |
14953:03 |
02:59 |
70% |
2.74 |
0.23 |
12:47 |
MP |
3021 |
3480 |
14279 |
1082 |
22 |
614 |
420 |
333 |
10200:15 |
03:22 |
71% |
4.73 |
0.37 |
09:14 |
NC |
2898 |
955 |
6427 |
864 |
17 |
437 |
205 |
140 |
9215:49 |
03:10 |
174% |
2.22 |
0.30 |
10:27 |
NW |
4059 |
1481 |
8285 |
792 |
43 |
534 |
283 |
274 |
10576:29 |
02:36 |
130% |
2.04 |
0.21 |
12:39 |
WC |
7581 |
5691 |
19869 |
2769 |
21 |
1894 |
825 |
743 |
24882:34 |
03:16 |
110% |
2.62 |
0.37 |
08:55 |
Total |
67705 |
41420 |
164061 |
19313 |
424 |
11517 |
5018 |
4437 |
207770:08 |
03:04 |
98% |
2.42 |
0.29 |
10:31 |
Table - Civil Trials Overview
Region |
Court Days |
Applications Enrolled |
Applications Finalized |
Trials Enrolled |
Trials Finalized |
Actual Court Hours |
Average Court Hours |
% Applications finalised |
%Trials Finalised |
Applications finalised per day |
Trials finalised per day |
EC |
1380 |
1907 |
1308 |
4979 |
3338 |
2914:35 |
02:06 |
69% |
67% |
0.95 |
2.42 |
FS |
709 |
1112 |
643 |
3305 |
2262 |
922:02 |
01:18 |
58% |
68% |
0.91 |
3.19 |
GP |
3948 |
6453 |
3740 |
11191 |
7178 |
7665:03 |
01:56 |
58% |
64% |
0.95 |
1.82 |
KZN |
2351 |
6588 |
3181 |
9763 |
5736 |
5568:53 |
02:22 |
48% |
59% |
1.35 |
2.44 |
LP |
1677 |
2301 |
1318 |
5055 |
2492 |
3363:45 |
2:00 |
57% |
49% |
0.79 |
1.49 |
MP |
1174 |
2114 |
1207 |
5602 |
2434 |
2626:19 |
02:14 |
57% |
43% |
1.03 |
2.07 |
NC |
317 |
161 |
104 |
802 |
609 |
363:50 |
01:08 |
65% |
76% |
0.33 |
1.92 |
NW |
1070 |
1476 |
761 |
3413 |
2124 |
1734:40 |
01:37 |
52% |
62% |
0.71 |
1.99 |
WC |
1313 |
4146 |
2169 |
5372 |
3444 |
2873:33 |
02:11 |
52% |
64% |
1.65 |
2.62 |
Total |
13939 |
26258 |
14431 |
49482 |
29617 |
28032:40 |
02:00 |
55% |
60% |
1.04 |
2.12 |
27 November 2024 - NW1731
Nqola, Mr X to ask the Minister of Justice and Constitutional Development:
With the construction and refurbishment of court buildings (details furnished), (a) what measures were implemented to ensure that those who need to access justice will be able to do so in a speedy and efficient manner, instead of bearing a huge financial burden due to travelling extended distances and (b) how are the specified measures communicated to the relevant persons?
Reply:
The department follows the following process for temporary relocation of court services during construction, additional accommodation, refurbishment, repair, and renovation projects at court facilities.
When such projects are to be implemented at court facilities, a comprehensive temporary relocation or decanting plan is meticulously drafted in collaboration with the Department of Public Works and Infrastructure (DPWI) and all relevant stakeholders. The decanting location is typically situated within the premises of the existing facilities. This process is designed to ensure continuity of services and minimize disruption to court users. The execution of this relocation process follows a structured outline.
- Assessment and planning phase - Where needs assessments, capacity analysis, stakeholder and community engagement and budgeting are undertaken.
- Preparation phase – Setting up the mobile unit, developing service continuity protocols and communication plans.
- Transition and relocation phase – User transfer and scheduling, equipment transfer, public servant relocation and orientation and conducting safety and compliance checks.
- Operation phase – Monitoring and quality control, regular feedback collection and communication with the main facility being renovated.
- Return transition phase – notifications of return to main facility and decommissioning the mobile units.
This detailed process is carefully planned and coordinated to ensure that judicial services remain uninterrupted and that users experience minimal disruption throughout the renovation or construction period. The Department is committed to maintaining the highest standards of service delivery while simultaneously improving our facilities.
a) An example of this process explained above is being followed with the Pretoria Magistrates Court where services continue to be provided whilst the court is undergoing renovations. Further reference can be made of the Galeshewe Magistrate Court building, the Department implemented a series of measures to maintain uninterrupted access to justice for the community. Initially, gazebos were erected outside the court building, enabling magistrates to proceed with scheduled cases despite challenging weather conditions. This approach demonstrated our commitment to minimizing disruptions to court proceedings.
Concurrently, alternative arrangements were made to accommodate essential services. The district court, one criminal court, and one family court were temporarily relocated to the Witdam Police Station, situated 2.5 kilometres from Galeshewe. This interim solution ensured continued access to critical legal services during the closure period.
As of February 2024, all court services previously housed at the Galeshewe Magistrate Court were transferred to the Kimberley Magistrate Court, located 6.5 kilometres from the Galeshewe Magistrate Court. It is important to note that this relocation does not affect the court's jurisdiction, as the former Minister of Justice and Constitutional Development had previously expanded the local limits to encompass the Galeshewe Sub-District.
Recognizing the potential transportation challenges this move may present, the Department implemented a support system. Members of the public who face difficulties in reaching the Kimberley Magistrate Court are being assisted with transportation using the Department's fleet. To ensure widespread awareness of these changes, the Department has taken proactive steps to inform the community. Notices have been strategically placed throughout the Galeshewe area, a comprehensive media statement has been disseminated across the community, publication in the local newspapers were posted and announcements made through the local radio station. These communication efforts aim to keep residents fully informed about the changes and provide clear guidance on accessing court services during the temporary closure.
END
27 November 2024 - NW1625
Klopper, Mr DD to ask the Minister of Justice and Constitutional Development
What was the (a) total number of backlog cases in the (i) 2019-20, (ii) 2020-21, (iii) 2021-22, (iv) 2022-23 and (v) 2023-24 financial years and (b) nature of the cases of backlog in the specified period and (c) number of backlog cases that were finalised in the same period?
Reply:
(a) Total number of backlog cases
(i) 2019-20 – 55757
(ii) 2020-21 – 51616
(iii) 2021-22 – 42109
(iv) 2022-23 – 47494
(v) 2023-24 – 53187
(b) nature of the cases of backlog in the specified period
Top 10 charges on backlog cases - 19/20 |
|
Charges |
Grand Total |
Rape – act of penetration with a person without his or her consent (Sec 3 of Act 32 of 2007) |
5420 |
Murder |
5414 |
Assault with the intent to do Grievous Bodily Harm |
5362 |
Theft |
3650 |
Robbery with Aggravating Circumstances |
3592 |
Possession or Use of Drugs |
3218 |
Fraud |
1867 |
Rape - sexual intercourse with a female without her consent (Common Law) |
1800 |
Assault |
1686 |
Attempted Murder |
1654 |
Top 10 charges on backlog cases - 20/21 |
|
Charges |
Grand Total |
Assault with the intent to do Grievous Bodily Harm |
6289 |
Rape – act of penetration with a person without his or her consent (Sec 3 of Act 32 of 2007) |
5380 |
Murder |
4823 |
Robbery with Aggravating Circumstances |
3311 |
Theft |
3170 |
Assault |
2072 |
Fraud |
1806 |
Housebreaking with the Intent to Steal and Theft |
1644 |
Attempted Murder |
1471 |
Top 10 charges on backlog cases - 21/22 |
|
Charges |
Grand Total |
Rape - act of penetration with a person without his or her consent (Sec 3 of Act 32 of 2007) |
5379 |
Assault with the intent to do Grievous Bodily Harm |
4765 |
Murder |
4750 |
Robbery with Aggravating Circumstances |
2788 |
Theft |
2316 |
Assault |
1603 |
Fraud |
1440 |
Attempted Murder |
1264 |
Housebreaking with the Intent to Steal and Theft |
1128 |
Malicious Injury to Property |
1008 |
Top 10 charges on backlog cases - 22/23 |
|
Charges |
Grand Total |
Assault with the intent to do Grievous Bodily Harm |
6079 |
Rape - act of penetration with a person without his or her consent (Sec 3 of Act 32 of 2007) |
5688 |
Murder |
4994 |
Theft |
2916 |
Robbery with Aggravating Circumstances |
2714 |
Assault |
2138 |
Fraud |
1465 |
Attempted Murder |
1414 |
Housebreaking with the Intent to Steal and Theft |
1235 |
Malicious Injury to Property |
1232 |
Top 10 charges on backlog cases - 23/24 |
|
Charges |
Grand Total |
Assault with the intent to do Grievous Bodily Harm |
7304 |
Rape - act of penetration with a person without his or her consent (Sec 3 of Act 32 of 2007) |
6006 |
Murder |
5181 |
Theft |
3333 |
Assault |
2912 |
Robbery with Aggravating Circumstances |
2772 |
Attempted Murder |
1639 |
Fraud |
1462 |
Malicious Injury to Property |
1351 |
Possession or Use of Drugs |
1234 |
(c) number of backlog cases that were finalised
(i) 2019-20 – 4642
(ii) 2020-21 – 2910
(iii) 2021-22 – 3141
(iv) 2022-23 – 7750
(v) 2023-24 – 1722
27 November 2024 - NW1574
Maimane, Mr MA to ask the Minister of Justice and Constitutional Development
(1) What (a) total number of (i) cases were investigated by the Special Investigating Unit in the past five financial years; and (2) what (a) total number of cases are outstanding and (b) are the reasons that each the case is outstanding?
Reply:
We have interpreted the question of the Honorable member to mean the number of investigations that led to successful litigation, as the question refers to cases. The response is as follows:
(1) (a) (i) Over the period of five years, the SIU investigated and finalized 100 proclamations.
(ii) The number of investigated cases which led to a successful litigation are 78 cases and they comprise the following:
- Number of cases issued, finalized, and quantified in the Special Tribunal (ST) is 26.
- 30 finalised cases in favour of the SIU but await the quantification of amounts to be recovered. Total number of finalised cases at ST is 56.
- Number of cases issued, finalized, and quantified in the High Courts is 14.
- 8 finalised cases in favour of the SIU but await the quantification of amounts to be recovered.
- Total number of finalised cases in the High Courts is 22.
(b) the amount was recovered.
Performance Measure |
TOTAL |
The actual value of cash and/or assets recovered |
4, 962, 239, 875 (billion) |
The value of potential losses prevented |
11, 613, 820, 449 (billion) |
Grand TOTAL |
16, 576, 060, 324 (billion) |
(2) (a) Total number of outstanding civil litigation cases, in both the Special Tribunal and the High Courts, is 225 comprising of the following:
- 171 cases at the Special Tribunal. and
- 54 cases in the High Courts.
b) The following are the status and reasons for delays in finalising the 225 cases:
ITEM NO |
CATERGORY |
SPECIAL TRIBUNAL NUMBER |
HIGH COURT NUMBER |
1 |
Finalised, where appeal pending |
8 |
6 |
2 |
Unopposed |
30 |
0 |
3 |
Case management for exchange of papers and date of hearing (trial) |
127 |
48 |
4 |
Pending judgements |
6 |
0 |
Total |
171 |
54 |
13 November 2024 - NW1382
Mphithi, Mr L to ask the Minister of Justice and Constitutional Development
What (a) is the status of the investigation by the Special Investigating Unit in the Victor Khanye Local Municipality regarding the illegal sale of stands by municipal workers and (b) is the relevant information regarding the investigation?
Reply:
In response to the Honourable member’s question, I respond as follows:
a) The President has not issued a proclamation authorising the Special Investigating Unit to investigate the Victor Khanye Local Municipality.
b) Allegations were received by the Special Investigating Unit’s (SIU) Office in the Mpumalanga Province. However, due to insufficient information the matter could not be processed further due to obtain a proclamation.
c) The SIU will formally request information to process the allegations further.
12 November 2024 - NO440
Hlophe, Dr J to ask the Minister of Justice and Constitutional Development
Whether she has been engaged in any consultations to renew the contract of the current National Director of Public Prosecutions of the National Prosecuting Authority, notwithstanding the retirement age limit as stipulated in the Public Service Act, Act 103 of 1994, and the National Prosecuting Authority Act, Act 32 of 1998; if not, by what date will the advertisement for the specified position be officially issued and advertised; if so, on what basis?
Reply:
There has been no engagement with the Minister of Justice and Constitutional Development ("DOJ&CD"), Ms. Thembisile Simelane, MP ("Minister"), for the so-called "renewal" of the present NDPP's term of office.
Section 12(1) of the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) ("NPA Act"), provides as follows:
"The National Director [of Public Prosecutions ('NDPP')] shall hold office for a non-renewable term of 10 years, but must vacate his or her office on attaining the age of 65 years."
Section 12(1) thus expressly provides that the NDPP must vacate office upon turning 65 years of age, even if by such age she has not fully served her term of 10 years. It is also plainly stated that her term of office is not renewable.
Until the enactment of the Judicial Matters Amendment Act, 2020 (Act No. 12 of 2020), which Act came into operation on 22 October 2020, s. 12(4) of the NPA Act provided as follows:
"If the President is of the opinion that it is in the public interest to retain a National Director or a Deputy National Director in his or her office beyond the age of 65 years, and-
(a) the National Director or Deputy National Director wishes to continue to serve in such office; and
(b) the mental and physical health of the person concerned enable him or her so to continue,
the President may from time to time direct that he or she be so retained, but not for a period which exceeds, or periods which in the aggregate exceed, two years: Provided that a National Director's term of office shall not exceed 10 years."
Section 12(4) was, however, repealed, or deleted, by Act No. 12 of 2020 after the Constitutional Court in Corruption Watch NPC and Others v President of the Republic of South Africa and Others 2018 (2) SACR 442 (CC) paras 42-44, ruled that the President's power in terms of s. 12(4) to extend an NDPP's term of office undermined the independence of the office and accordingly confirmed the declaration of constitutional invalidity of this provision.
This means that the present NDPP's term of office cannot be extended after the NDPP has reached the age of 65 years.
In terms of s. 179(1)(a) of the Constitution of the Republic of South Africa, 1996 ("Constitution"), and s. 10 of the NPA Act, it is in the discretion of the President to appoint an NDPP. Accordingly, these provisions to not require the advertising of the NDPP's post when it becomes vacant.
However, President Cyril Ramaphosa ("President Ramaphosa") in respect of the present incumbent of the NDPP, Adv. Shamila Batohi ("Adv. Batohi"), and to safeguard the independence of the National Prosecuting Authority ("NPA") and the Office of the NDPP, departed from the previous practice whereby solely the discretion of the President was exercised in the appointment of the NDPP. In this regard, the President constituted a panel of individuals from the legal fraternity and Chapter 9 institutions to recommend suitable candidates to fill the post of NDPP.
Following a process of nominations, shortlisting and interviews that were open to the media, the advisory panel proposed five candidates for the NDPP position.
After consideration of their recommendations, President Ramaphosa decided, in terms of s. 179 of the Constitution, to appoint Adv. Batohi as the new NDPP.
Accordingly, President Ramaphosa in his statement on the appointment of Adv. Batohi as the new NDPP, dated 4 December 2018, indicated that he was confident that Adv. Batohi possessed all the necessary qualifications prescribed in s. 9 of the NPA Act for the appointment as NDPP.
There is as yet no indication whether President Ramaphosa will follow the same process, as aforesaid, in the appointment of a new NDPP upon Adv. Batohi vacating office when reaching the age of 65 years.
12 November 2024 - NO461
Breytenbach, Adv G to ask the Minister of Justice and Constitutional Development [written question 277]:
With reference to statements made by the Director-General of his department in an interview with News24 on 15 July 2024 (details furnished), (a) who are the external role players that demanded that the 13 suspended officials from the Master's Office be reinstated and (b) what steps has his department undertaken to (i) prevent external influences interfering with investigations and (ii) clean up the Master’s Office?
Reply:
a) It is one insolvent called Mario Rocha.
b) (i) The Director-General has reported the matter to the SAPS and it’s being investigated.
(ii) The Disciplinary Committee of all the officials is continuing.
12 November 2024 - NO460
Breytenbach, Adv G to ask the Minister of Justice and Constitutional Development:
What are the relevant details of the succession plan that the National Prosecuting Authority (NPA) has put in place to ensure that the NPA continues to operate optimally in light of the imminent retirement of the National Director of Public Prosecutions, Adv S Batohi, and her Deputies in the near future?
Reply:
- The issue of succession has been raised with the Honourable Minister of Justice and Constitutional Development to ensure that gaps are minimised during the leadership change process. As part of the succession plan and informed by the NPA’s Capability Review exercise, senior staff of the NPA have been given the opportunity to act in higher positions for set periods of time and are being exposed to training interventions to build their management skills.
- One DNDPP will retire in late 2025. The NDPP and one DNDPP will vacate office in early 2026. One DNDPP is not near the NPA Act’s prescribed retirement age and therefore the NPA will have some leadership continuity.
- The NPA will start active leadership exposure initiatives from January 2025, including executive and management leadership programmes for identified leaders for possible DNDPP and DPP posts. The NPA will consider external options, if required.
- It is expected that the NDPP appointment process will be shaped by new NPA Act amendments to enhance the operational and financial independence of the NPA. The President will make the final decision in line with the Constitution, but the NPA leadership encourages an open and transparent process as was followed for the incumbent. The NDPP will engage with the Minister of Justice and Constitutional Development, and the President at the appropriate time to nominate suitable internal candidates for the process of NDPP appointment.
08 November 2024 - NW855
Mathys, Ms L to ask the Minister of Justice and Constitutional Development
What is the (a) expected and (b) actual operational capacity of each child maintenance court?
Reply:
a) The Department of Justice and Constitutional Development (the Department) is committed to work towards full capacitation of its personnel establishment in especially the courts, recourses permitting. The Department has funded and approved with the concurrence of the Department of Public Service and Administration (DPSA), 186 critical positions in phase 1 of capacitating service points. A further submission for the funding and approval of 385 positions will contribute towards achieving optimal levels of staffing service points and reducing the current capacity constraints will be made in phase 2. Out of these numbers, a total of 121 Maintenance Officers and 37 Maintenance Investigators are prioritised for the capacitation of service points.
b) The actual operational capacity of courts are 256 Maintenance Investigators and 173 Maintenance Officers. The current appointed Maintenance Investigators and Maintenance Officers provide extension services to more than one District Court to assist with the staff shortage. Section 4 of the Maintenance Act, 1998 (Act No.99 of 1998) (the Act) requires Prosecutors to carry out Maintenance Officers functions. However, in some courts Prosecutors only carry out the criminal aspects of the Act and in others the Senior Prosecutors ensure that there is a Prosecutor to carry out both the civil and criminal aspects of the Act.
08 November 2024 - NW205
Trollip, Mr A to ask the Minister of Justice and Constitutional Development
What is the total number of individuals implicated in the Report of the Judicial Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State have been referred for prosecution to the National Prosecuting Authority?
Reply:
What is the total number of individuals implicated in the Report of the Judicial Commission of Inquiry into allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State have been referred for prosecution to the National Prosecuting Authority?
The number of individuals implicated in the Report of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State ( the Commission) amounts to approximately 1 400 persons.(See State Capture Commission of Enquiry frequently asked questions | SONA 2024 (stateofthenation.gov.za). Implicated persons are those individuals, companies, and organisations that were mentioned in the Commission’s Report and who the Commission recommended should be investigated and prosecuted. However, I have been informed that some of these relate to hearsay evidence or testimony that could not be verified and is not admissible in a criminal court hearing.
I have also been informed that the NPA in collaboration with other stakeholders, including the Directorate for Priority Crime Investigation (DPCI), has identified 200 recommendations, which the Commission recommended that they should be investigated and prosecuted, involving individuals, companies and organisations implicated in the report published by the Commission of Inquiry.
The Investigating Directorate against Corruption (IDAC) within the NPA has declared most of these cases which they are investigating, some with assistance of the DPCI as well as other partners, including the Special Investigating Unit (SIU), Financial Intelligence Centre (FIC), South African Revenue Service (SARS) and Asset Forfeiture Unit (AFU) amongst these. The IDAC is dealing with 146 of the recommendations of which the DPCI is assisting with investigations of 22 of these. The Specialised Commercial Crime Unit (SCCU) within the NPA in collaboration with the DPCI is dealing with another 51 recommendations whilst the Independent Police Investigative Directorate (IPID) is dealing with the remaining 3 recommendations.
Currently 53 individual persons as well as 24 juristic entities have been enrolled in the criminal courts, involving 12 court cases and addressing 38 of the recommendations. A task team is collaborating weekly on progress and ensuring good alignment of tasks for the upcoming week as well as short- and long-term planning of the various cases under investigation and in court. The task team once a month report to senior officials in the Task Force where any constraints or aspects requiring intervention at a higher level are discussed, if necessary. The Task Force is chaired by the Deputy National Director of Public Prosecutions: NPS.
All matters under investigation are guided by prosecutors and senior IDAC and DPCI investigators, ensuring participation from all law enforcement agencies to work collectively and supporting each other in the work to be performed.
17 October 2024 - NW222
Tshotetsi, Mr NT to ask the Minister of Justice and Constitutional Development
What progress has been made to capacitate the (a) Special Tribunal and (b) Special Investigating Unit since the resignation of the head judge?
Reply:
(a)(b) The Minister of Justice and Constitutional Development, Honourable T. Simelane, MP has signed a memorandum with the list of names of recommended Judges, which has since been submitted to the Presidency for consideration. The Presidency is engaging with Office Chief Justice regarding the appointments of the Tribunal President and other Judges as members of the Special Tribunal as envisaged in section 7(2) and (4) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996).
17 October 2024 - NW887
Zibi, Mr SS to ask the Minister of Justice and Constitutional Development
What (a) is the average time it takes to have a case heard before a magistrates’ court, (b) is the current backlog of cases before magistrates’ courts in each of the provinces and (c) measures have been put in place to make the magistrates’ courts more efficient and accessible?
Reply:
(a)What is the average time it takes to have a case heard before a magistrates’ court?
It is not possible to determine how long it will take to have a matter heard before a magistrate court. There are many other independent variables that can affect the pace, such as the availability of witnesses, the judiciary, the prosecution, the legal aid practitioners, water, lights, requests for postponement, etc. the list is inexhaustive.
The Chief Justice is responsible for the establishment and monitoring of norms and standards for the exercise of the judicial functions, including case flow management, in all courts, including the Magistrates’ Courts. In the exercise of this responsibility, the Chief Justice issued Judicial Norms and Standards which indicates the period in which matters should be finalised in the Magistrates’ Courts and these provide the following:
- Finalisation of criminal cases
- The Judicial Officer must ensure that every accused person pleads to the charge
within 3 months from the date of appearance in the Magistrates’ court. To this end Judicial Officers shall strive to finalise criminal matters within 6 months after the accused has pleaded to the charge.
Therefore, criminal matters should be finalised within 9 months and all matters that exceed this period are deemed to be Backlog matters.
(b) What is the current backlog of cases before magistrates’ courts in each of the provinces?
As at end of August 2024, there are nationally 14 683 backlog criminal cases in the District Magistrates’ Courts and 38 234 in the Regional Magistrates’ Courts.
The below table indicates the backlogs in criminal matters per province as at end of August 2024.
District Court |
||||
Region |
Administrative Region |
Outstanding |
Backlog |
% |
Eastern Cape |
Administrative Region 1 (Eastern Cape A) Port Elizabeth |
9781 |
1323 |
13.5% |
Eastern Cape |
Administrative Region 2 (Eastern Cape B) Mthatha |
5084 |
870 |
17.1% |
Free State |
Administrative Region 3 (Free State A) Bloemfontein |
4437 |
327 |
7.4% |
Free State |
Administrative Region 4 (Free State B) Welkom |
3795 |
381 |
10.0% |
Gauteng |
Administrative Region 05 (Gauteng) Pretoria |
2197 |
310 |
14.1% |
Gauteng |
Administrative Region 05A (Gauteng) Johannesburg |
11701 |
2301 |
19.7% |
Kwa-Zulu Natal |
Administrative Region 6 (Kwa-Zulu Natal A) Durban |
11100 |
799 |
7.2% |
Kwa-Zulu Natal |
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg |
5674 |
552 |
9.7% |
Mpumalanga |
Administrative Region 08 (Mpumalanga) Nelspruit |
5621 |
866 |
15.4% |
North West |
Administrative Region 09 (Northwest) Mmabatho |
7227 |
1434 |
19.8% |
Northern Cape |
Administrative Region 10 (Northern Cape) Kimberley |
3274 |
328 |
10.0% |
Limpopo |
Administrative Region 11 (Limpopo) Polokwane |
9089 |
1098 |
12.1% |
Western Cape |
Administrative Region 12 (Western Cape A) Cape Town |
10561 |
1968 |
18.6% |
Western Cape |
Administrative Region 13 (Western Cape B) Wynberg |
16565 |
2126 |
12.8% |
DC _Total |
|
106106 |
14683 |
13.8% |
Regional Courts |
||||
Region |
Outstanding |
Backlog |
Percentage |
|
Eastern Cape |
5328 |
2576 |
48.3% |
|
Free State |
3667 |
1642 |
44.8% |
|
Gauteng |
10320 |
5963 |
57.8% |
|
Kwa-Zulu Natal |
6305 |
2957 |
46.9% |
|
Limpopo |
2613 |
1485 |
56.8% |
|
Mpumalanga |
3405 |
2200 |
64.6% |
|
North West |
2658 |
1457 |
54.8% |
|
Northern Cape |
1122 |
432 |
38.5% |
|
Western Cape |
9077 |
4839 |
53.3% |
|
RC Total |
44495 |
23551 |
52.9% |
|
National Overview |
150601 |
38234 |
25.4% |
(c)What measures have been put in place to make the magistrates’ courts more efficient and accessible?
Judicial Officers, as indicated in (a) above are responsible for case flow management, and have established structures falling under the judicial National Efficiency Enhancement Committee under which fall the following structures:
- At the court level there is a District Efficiency Enhancement Committees (DEEC) for each district court and headed by the resident magistrate and consists of all criminal justice cluster / sector departments, seeking to find solutions for challenges and blockages in the value chain of court operations.
- At the provincial level two structures exist seeking similar objectives as those at the local court level. The first is the Lower Court Efficiency Enhancement Committee (LCEEC) headed by the Regional Court President (RCP) and members comprise the Department of Justice and Constitutional Development, the National Prosecuting Authority, the South African Police Service, Chief Magistrate, The Legal Practice Council, State Attorney, Legal Aid South Africa, Department of Correctional Services, and, the Family Advocate. The reports from the LCEEC are routed to the Provincial Efficiency Enhancement Committee (PEEC)
- The PEEC is a provincial structure headed by the Judge President and the members of the LCEEC are also members of the PEEC but with additional members such as Road Accident Fund, Masters Office, Department of Health, Public Works and Infrastructure and the Judicial Inspectorate for Correctional Services (JICS). The purpose and objectives of the PEEC is to address case flow blockages and seeking resolutions to same.
The Department participates at all levels of the Judicial Efficiency Enhancement Committees as well as the Regional Court Presidents Forum and Chief Magistrates Forum, where blockages to matters being finalised expeditiously are escalated to for solutions.
In addition, the Department monitors the role of court administration in contributing to backlogs by way of causing postponements, for example, the lack of court support (interpreters, intermediaries) etc as well as infrastructure related blockages (power outages, technical equipment failures) etc. These are escalated to national office where speedy resolution of these blockages is sought.
The Provincial Offices have also taken measures to address blockages in their regions at the provincial level. Measures such as:
- Developing a database of Foreign Language Interpreters
- Developing a database for Casual Interpreters and training therefore
- Water tanks have been installed
- Generators and UPS systems have been installed
- A service provider is available to log calls for CRT-related challenges
- SAPS Client-liaison officer have offices on site
- Morning case flow management meetings are conducted before the courts start to ensure that courts are ready
- Prosecutors provide a list of witnesses to the court managers on time
- Bookings for witnesses are done by court managers on time
- The requisition of prisoners is done on time with SAPS and DCS
- Ensuring there is at least one Virtual Court Room that allows for receipt of virtual testimony thus avoiding postponements
As on 16 August 2024, 1724 permanently appointed magistrates preside in the various district and regional courts, consisting of 9 Regional Court Presidents, 319 Regional magistrates, 14 Chief Magistrates, 95 Senior Magistrates and 1287 District Magistrates. Where an office of a magistrate is vacant, or a magistrate is on leave, or has been suspended, acting magistrates are appointed on the recommendation of the Regional Court President or the Chief Magistrate, so as to ensure that the relevant magistrates’ courts continue to function optimally.
A Committee on the Rationalisation of the Lower Courts Judicial Establishments has been established by the then Minister of Justice and Correctional Services to, amongst others, asses the judicial establishment of each Regional and District Court, including sub-districts and places of sitting, with a view to ensuring equitable distribution of judicial capacity across all the lower courts. I have been informed that the Committee will soon be in a position to finalise its Interim Report with a view to consult with both external and internal stakeholders. This process, once concluded should further enhance the efficiency of our courts.
The places for the holding of a court in the district courts have been rationalised with a view to make it more accessible and effective. The same rationalisation process for the regional divisions will soon be finalised.
17 October 2024 - NW751
Trollip, Mr A to ask the Minister of Justice and Constitutional Development
What urgent steps is her department taking to address the severe backlog in trial dates, given that, as at 31 August 2024, the earliest available trial date at the Johannesburg High Court has been pushed forward to October 2029, creating an unprecedented waiting period of over five years; (2) what specific measures are being implemented to (a) reduce the specified backlog and (b) expedite access to courts, given the detrimental impact of such delays on public confidence in the efficiency of the justice system?
Reply:
DRAFT REPLY
The performance of judicial functions falls under the purview of the Judiciary and the Chief Justice. It is advised that information relating to the performance of judicial functions, be directed to the Chief Justice.
17 October 2024 - NW221
Xego, Ms ST to ask the Minister of Justice and Constitutional Development
As the safety of judicial officials, prosecutors and court officials is sometimes compromised in court (details furnished), what safety mechanisms are being employed by her department to safeguard court officials throughout the Republic?
Reply:
- The Department of Justice and Constitutional Development has deployed physical security guards in all the courts to manage access control for all the courts to ensure the safety and security of members of the public, courts officials, prosecutors and members of the judiciary.
- There is also security infrastructure in courts in the form of x-ray, cameras and metal detectors to screen for any unwanted objects and/or dangerous objects which can be brought within a court building.
- Members of the judiciary are offered parking closer to their offices to reduce public exposure, which can have risk to their safety and security.
- When members of the judiciary receive threats to life; out of their constitutional roles and responsibilities; the Department conducts threat and risk assessments with the assistance of SAPS Crime Intelligence and provide such a member with close protection.
- Court room security is enhanced by the members of the South African Police Services in the form of a Court Orderlies within a court room.
- The new designs for court rooms, the Department has accommodated a concept Crime Prevention Through Design by making clear demarcation and sufficient distance between the suspect dock, the court officials (prosecutors, court clerk, stenographer, interpreter) space and the presiding officers.
- The Department is committed to continually increase the security in the different courts, court rooms across the country to ensure that the administration of justice is delivered without fear, favour or prejudice.
09 October 2024 - NW934
Kgobisa-Ngcaba, Ms K to ask the Minister of Justice and Constitutional Development
(1) Whether her department is conducting any ongoing monitoring of the implementation and effectiveness of the Regulation of Interception of Communications and Provision of Communication-related Information Act, Act 70 of 2002 (RICA); if not, what is the position in this regard; if so, what (a) metrics is the department measuring and (b) is the department’s assessment of the effectiveness of the legislation; (2) whether there is a measurable increase in the number of successful prosecutions on account of RICA as a result of tools available to law enforcement; if not, what is the position in this regard; if so, what (a) weaknesses have been identified in the implementation of RICA and (b) measures are being taken or considered to enhance the effectiveness of the Act and achieve its objectives?
Reply:
(1) The Department of Justice and Constitutional Development (the Department) is in the process of conducting an extensive review of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act 70 of 2002 (RICA Act) for its comprehensive reform, which considers, among others, its implementation and effectiveness across the various sectors it traverses, which include interception and surveillance law, criminal law, SIM card regulation, communications law, privacy rights and related law.
The purpose of this reform project is to review, reform and amend aspects of RICA to enhance its effectiveness, to address legislative gaps and to respond to operational challenges identified by the primary users of RICA.
The reform effort began in the processing of the RICA Amendment Bill, 2023 (Bill), in Parliament last year, and continued through the structures established for the processing of the Bill. As part of the processing of the Bill, the JCPS Cluster required the formation of a Task Team, comprising key departments, to discuss the Bill and agree on key positions.
Regarding the metrics the Department is measuring, as part of the RICA reform, this is based on research on major thematic areas obtained from key stakeholders. This research was based consultation with internal stakeholders (comments received and multiple engagements with the RICA Task Team), external stakeholders (public comments received on RICA and the Bill) and as identified by the Department as part of its own research and global review of RICA. Some of these include SIM card regulation, judicial oversight mechanisms, bulk surveillance, listed equipment and process flows for listed equipment exemption applications.
The Department considered, among others, the comments of stakeholders, based on their operational experience; the existing domestic legislative framework for each of the varying areas of law implicated by RICA; comparative foreign law and international law on similar legislation and its challenges and solutions; domestic news articles and reports on the operational and legislative challenges and proposed solutions for RICA; and reviews of similar legislation in other countries.
The Department’s assessment of the effectiveness of the legislation is that from the comments received, extensive research conducted, multiple engagements with various stakeholders and close analysis, RICA is, for the most part, workable and effective legislation but there are parts that require review.
RICA is complex, difficult and policy-laden legislation. Its complexity stems from the fact that it brings together three substantive and weighty regulatory and policy considerations under one banner in interconnected, but separately managed, processes. An added layer of complexity is that this necessarily invokes consideration of privacy rights. In approaching a review of legislation of this complex nature, we must balance the duty of the state to respect the right to privacy and its obligation to protect national security and prevent crime. For this reason, benchmarking RICA is critical.
RICA is one statute which is part of the broader justice and crime prevention machine, with links to privacy and data protection and SIM card regulation. It cannot be assessed or critiqued as a standalone solution to crime prevention and protection of national security. It is, and must be seen, as one part of the overarching solution to fight crime and protect national security.
Some of these proposed solutions include tightening SIM card regulation processes throughout the SIM card value chain, introducing stricter controls for the issuance and delivery of SIM cards, strengthening and capacitating existing structures which facilitate the lawful interception of communication, and looking to international law and comparative foreign law for solutions which can be used in the South African context. Key to these proposed solutions is their viability in the current technological landscape, bearing in mind the socio-economic and legal impact of the solutions on the end-user and on those in the value chain.
(2) The National Prosecuting Authority (NPA) is mandated to prosecute offences as provided in Chapter 9 of the (Rica Act) after the South African Police Service (SAPS) has investigated such allegations.
From the available statistics as provided in response to the Parliamentary Question number 935 of the Internal Question Paper: National Assembly no 11-2024, it is evident that over the past 7 years, 86 prosecutions of various offences contained in the RICA Act have led to the successful prosecution and conviction of 69 accused.
The NPA does, not measure or record statistics of cases that were successfully prosecuted with the implementation of the provisions of the RICA Act, that enables certain evidence obtained by means of the RICA Act, to be used in criminal proceedings in order to prove the commission of various common and statutory offences.
The NPA can however confirm that we receive applications in terms of Section 47(2), read with Sections 1, 5 and 47(1), of the RICA Act, to authorise the use of information regarding the commission of any criminal offence, obtained by means of any interception or the provision of any real-time or archived communication-related information obtained in terms of the said Act, or any similar Act in another country, as evidence in criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, No 121 of 1998.
Such applications are therefore evident that the NPA does make use of the provisions of the RICA Act, to enable certain evidence obtained by means of the RICA Act, to be used in criminal proceedings to prove the commission of various common and statutory offences.
09 October 2024 - NO10
Mathafa, Mr OM to ask the Minister of Justice and Constitutional Development
Considering that incidents of racism amongst young and old have been spiking in schools throughout the Republic, what steps has she taken to ensure that a culture of human rights and racial tolerance is embraced in schools?
Reply:
- The Department of Justice and Constitutional Development is the custodian of the National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance as approved by Cabinet in February 2019. The Department is engaging the Department of Basic Education (DBE) at national and provincial level regarding media reports of alleged racist incidents. It has received and analysed the report of the School Governing Body, and is monitoring this matter as well as providing support to DBE. The outcome/report of the inquiry, currently conducted by the DBE, is awaited.
- The DOJ&CD intends to work with the DBE to compile a Policy on Racial Tolerance in Education, that will serve as a national policy to combat racism in the education sector. My department will also, later this year when the NAP convenes under my leadership, develop a toolkit to manage and eventually eliminate all forms of racism. Recommendations that schools need more support to cultivate a culture of belonging and inclusivity must be set up, strengthened and deepened, needs a collaborative effort. We need to intensify and/or revise our strategies to challenge and put a spotlight on identifying unconscious bias not just in schools, but in personal spaces.
08 October 2024 - NW999
Mkhwebane, Adv BJ to ask the Minister of Justice and Constitutional Development
(a) How did the expenses for the farewell dinner for former Chief Justice Mr Raymond Zondo at the Johannesburg Marriott Hotel Melrose Arch on 20 August 2024 compare to the usual allocations for such events and (b) what are the relevant details in this regard?
Reply:
a) and (b):
- The Republic of South Africa is composed of three Branches of the State (the Judiciary, the Legislature and the Executive), and the Chief Justice is the Leader / Head of the Judicial Branch as well as the Head of the Constitutional Court, which is the apex court in the country. In terms of the Official Table of Precedence in the State, the Chief Justice also occupies rubric 3.
- It is not uncommon for the State to honour its eminent / high profile citizens who dedicated their lives in service to the nation often at great sacrifice to themselves and their families.
- As stated in a media statement of 19 August 2024 by the President of the Republic, “the Chief Justice is a guardian of the Constitution and the laws adopted by the people of South Africa. The Chief Justice accordingly stands as the champion of the rights of all South Africans and bears responsibility for ensuring equal access to justice”. Therefore, by virtue of this position and as the Head of the Judiciary, a Chief Justice shoulders great responsibilities and obligations placed upon this office by the Constitution and the law to provide leadership as the guardian of the rule of law for the nation in our democracy.
- Therefore, it is befitting and appropriate that at the end of a term of office, a Chief Justice is honoured by the State given the stature of this position and its recognition and acclaim, both domestically and internationally.
- In this regard and in line with standard practice, tradition and policy, it is proper to arrange this type of event to commemorate the achievements and accomplishments of a Chief Justice, and reflect on his work during his term of service to the nation.
- During his term, Chief Justice Zondo has been pivotal in advancing the transformation of the Judiciary, leading the Labour Appeal Court and the Constitutional Court, and presided over the State Capture Commission.
- The OCJ is firmly of the view that the dinner held in honour of Chief Justice Zondo, was proper, befitting and appropriate to honour and acknowledge the Chief Justice for the 27 years of dedication to the nation and the Judiciary, and to bid him farewell.
- It was for the first time that the OCJ as a National Government Department, organised a farewell dinner for a Chief Justice since the OCJ started operating as a National Department with its own budget vote obtained from the 2015/2016 Financial Year. When the former Chief Justice Mogoeng retired in 2021, he decided not to have such a farewell dinner, which decision the OCJ respected.
- A Policy on Farewell Functions for Judges developed in 2016 provides a framework within which the OCJ arranges such events on behalf of the Judiciary.
- Given the above, it is unfortunately not possible to provide comparative allocations for such events as this is the first time since the establishment of the OCJ as a fully functional National Government Department, that such a farewell dinner for a retiring Chief Justice was arranged.
- Like with all other events of the Judiciary, the OCJ has an obligation to ensure that sufficient funds are made available so that befitting ceremonial events can be held, hosted by the Judiciary as an Arm of the State.
a) Insofar as the relevant details are concerned, the OCJ can confirm that the expenses relate to the conferencing / catering, air transport, road transport and hotel accommodation.
08 October 2024 - NW1042
Abrahams, Ms ALA to ask the Minister of Justice and Constitutional Development
With reference to the 2023-24 financial year, what is the total number of (a) successful convictions of perpetrators of statutory rape, (b) cases awaiting trial, (c) cases awaiting sentencing and (d) cases that were withdrawn (i) due to insufficient evidence and (ii) by the victim and/or the family of the victim?
Reply:
The National Prosecuting Authority (NPA) was able to extract the following information from the Electronic Case Management System (ECMS) on convictions and verdicts of Statutory Rape cases. The NPA does not keep data on reported crime as it is reported in various stations of the South African Police Service (SAPS).
- 150 convictions involving cases of statutory rape were successfully prosecuted and finalised during the financial year 2023/24 (April 2023 to March 2024):
- As of 25 September 2024, there are 323 cases involving statutory rape before the regional courts and 123 before the district courts, under investigations, and pre-trial processes.
- As of 25 September 2024, only 4 cases have been postponed for sentencing, two of the four cases were postponed for a correctional officer report and one for a probation officer report from the Department of Social Development.
- The NPA does not keep electronic records of the reasons for withdrawals, though it is captured on the case dockets. The details of withdrawals are thus not readily available. There were 81 cases withdrawn involving statutory rape during the 2023/24 financial year in regional courts. These include the reasons for withdrawals. Some of these cases may have been re-enrolled where circumstances permit.
08 October 2024 - NW1001
Mkhwebane, Adv BJ to ask the Minister of Justice and Constitutional Development
What are the reasons that claimants are required to hire an attorney for assets valued at R250 000, forcing them to incur a 3,5% fee, which they might not be able to afford?
Reply:
The Master of the High Court plays a key role in overseeing the administration of deceased estates. Within this framework, the Master issues two types of appointments depending on the value of the estate. The first type of appointment is under Section 18(3) of the Administration of Estates Act 66 of 1965, which applies when the value of the deceased’s estate is less than R250,000. This process is less formal, as the Master’s representative is not required to provide a detailed account of the estate’s administration. However, these cases often involve family disputes. Even if the estate is under R250,000, the Master has the discretion to appoint a formal executor, requiring adherence to the formal procedures outlined in the Act.
The second type of appointment is the issuing of Letters of Executorship in terms of Sections 13 and 14 of the same Act, applicable when the estate's value exceeds R250,000. These estates are subject to stricter legal requirements, including the submission of an account detailing the assets and liabilities of the deceased. The executor must also place advertisements and, within six months of appointment, submit a liquidation and distribution account, specifying the handling of the estate and its beneficiaries.
Since the legal requirements can be complex and difficult for the lay person to navigate, executors often seek assistance from professionals such as attorneys, chartered accountants, fiduciary practitioners, or trust companies that specialise in estate administration. The Master’s office, due to its oversight role, cannot assist with the actual administration but rather focuses on resolving disputes or objections raised by heirs. While the Act prescribes a fee of 3.5% for these services, clients can negotiate lower fees with their legal or fiduciary practitioners.
08 October 2024 - NW1000
Mkhwebane, Adv BJ to ask the Minister of Justice and Constitutional Development
Whether she has been informed that despite a comprehensive report by the Special Investigating Unit (SIU) that warned the Asset Forfeiture Unit (AFU) and the National Prosecuting Authority of the nefarious dealings of a certain liquidator (name furnished), the AFU still proceeded to appoint the specified liquidator albeit they were aware of the malfeasance and serious charges raised by the SIU; if not, why not; if so, what are the relevant details?
Reply:
The National Prosecuting Authority (NPA) appointed J Engelbrecht, of Icon Insolvency Practitioners, as a curator on its panel of curators, in terms of Bid no: NPA 03-21/22 awarded in July 2022 for a period of 3 years.
The Asset Forfeiture Unit of the NPA has appointed J Engelbrecht, of Icon Insolvency Practitioners, as a curator in numerous asset recovery applications since then. The AFU is not aware of any report from the Special Investigating Unit (SIU) in respect of the supposed actions of the curator and has requested the said Report from the SIU. Accordingly, the NPA cannot properly respond to the question raised.
08 October 2024 - NW707
Van Der Walt, Ms D to ask the Minister of Justice and Constitutional Development
Whether the investigation by the Special Investigating Unit into the National Student Financial Aid Scheme, Proclamation Number: R88 of 2022, will include the period 1 August 2022 until now; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
Yes, the investigation by the Special Investigating Unit into the National Student Financial Aid Scheme, Proclamation Number: R88 of 2022 include the period 01 August 2022 (Proclamation period is 01 April 2016 to 26 August 2022 which was the date when the proclamation was published). However, the SIU is currently in the process of requesting an amendment to the original proclamation to include new matters which were brought to the attention of the SIU after the proclamation was issued.
Regards,
_________________________________________
Adv. JL Mothibi
Head of the SIU and Chief Executive