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15 December 2022 - NW4304

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Herron, Mr BN to ask the Minister of Justice and Correctional Services

Considering that the President’s Fund was established in terms of section 42 of the Promotion of National Unity and Reconciliation Act, Act No 34 of 1995, to pay from the specified fund all amounts payable to victims by way of reparation in terms of regulations made by the President, and noting that according to the Presidency’s 2020-21 Annual Report the fund had an accumulated surplus of R1,811,577,000 and net assets of R1,818,723,000, by what date will the fund publish its 2021-22 Annual Report; (2) What is the current net worth of the fund; (3) How was the fund capitalised when it was first established; (4) (a) Who were the donors and (b) what total amounts did they donate; (5) What total amount in grants have been paid to the fund by the State since it was established?

Reply:

1. The Annual Report for the President`s Fund was published on 23 November 2022.

2. The current net worth of the President`s Fund is R1 869 640 848.08 as at 31 October 2022.

3. When the Fund was first established, it was capitalised by Government which made a total contribution of R800 001 000.00, broken down as follows:

(a) First contribution of R100 000 000.00 – in the year ended 31 March 1999;

B) Second contribution of R200 000 000.00 – in the year ended 31 March 2000;

c) Third contribution of R190 000 000.00 – in the year ended 31 March 2002 and

d) Final contribution of R310 001 000.00 – in year ended 31 March 2003.

4. (a) The donors were Royal Netherlands, Southern Life Foundations, Swiss Government, Eskom and private individuals.

(b) The donors mentioned in (a) above contributed a total amount of R7 165 390.00.

The table below provides details of the donors and total amounts donated:

(a) Donor

(b) Amount

Royal Netherlands

R3 702 870.00

Southern Life Foundation

R75 000.00

Swiss Government

R998 193.00

Eskom

R1 000 000.00

5. The total amount, in grants paid to the Fund by the State since it was established, is R800 001 000.00

15 December 2022 - NW4305

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Herron, Mr BN to ask the Minister of Justice and Correctional Services

What are the relevant details of how the current net worth of the President’s Fund has been arrived at; (2) What total number of victims of apartheid (a) have and (b) have not received financial reparations; (3) (a) Under what criteria does the specified fund pay interim reparations and (b) what is the total amount in this regard?

Reply:

1. The net worth is made up of the capital amount, royalties and cumulated interest received over the years. The funds that are not yet used are invested in money markets through the Public Investment Corporations (IPC).

2. (a) The total number of victims that have received the once-off individual grants of R30 000 is 17 423; and

(b) The total number of victims that have not received the once-off individual grants of R30 000 is 4 253.

3. (a) The initial Interim reparations were paid in terms of the Urgent Interim Reparations regulations, gazetted on 3 April 1998, under Gazette no. 6154. It should, however, be noted that interim preparations are no longer being paid out as the Truth and Reconciliation Committee (TRC) has been dissolved. The criteria were as follows:

(i) application for urgent Interim reparation, an application for urgent interim reparation in terms of section 26 (1) of the Act must be made in the form, as set out below:

1. The Committee must consider each application for urgent interim reparation made to it in terms of section 26 (1) of the Act and if, in the opinion of the Committee:

a) the applicant is a victim ; and

b) the applicant is alive at the time when the application is considered; and

c) the applicant is in urgent need of medical, emotional, educational, symbolic, social, legal or administrative assistance or intervention; and

d) the applicant has suffered hardship as a result of the gross violation of his or her human rights; and

e) the applicant is not a relative or dependant as defined in regulation 1 (2), of a victim who is alive on the date on which the application is submitted to the Committee, the Committee must make a recommendation as contemplated in sub regulation (2) in respect of such applicant.

2. if the Committee:

a)  finds that an applicant is a victim in need of urgent interim reparation as contemplated in sub regulation (1), the Committee may, subjected to the provisions of paragraph (b) recommend that an amount in respect of urgent interim reparation, not exceeding two thousand Rand, be paid to such a victim and that such information as the Committee may consider necessary for the victim to address his or her urgent needs referred to in sub regulation (1) (c), the provided to such victims; or

b) is, In view of the exceptional circumstances of a particular case, of the opinion that it will cause undue hardship or will be manifestly unfair or unjust if the urgent interim reparation is limited as set out in paragraph (a) the Committee may, notwithstanding the provisions of paragraph (a) recommend that such greater amount as it may deem appropriate in view of such exceptional circumstances, be granted to such victim.

(b) The total amount is R53 165 325.00

END

15 December 2022 - NW4285

Profile picture: Pambo, Mr V

Pambo, Mr V to ask the Minister of Justice and Correctional Services

What (a) is the total number of parolees who violated their parole conditions since 1 January 2014 and (b) total number (i) was re-arrested and taken back to jail and (ii) remains out of jail?

Reply:

A total of 82 972 violated their parole conditions since 01 January 2014, to the end of the second quarter of 2022/23. This total includes all those who violated the parole conditions had parole revoked and absconders (parolees who avoid being monitored). When a parolee or probationer violates supervision conditions, an investigation is done, and a motivation and recommendations to revoke the parole is done.

Since 01 January 2014, up to the second quarter of 2022/23 a total of 39 947 parolees and probationers absconded. This category has violated conditions by disappearing and avoid being monitored or supervised. The breakdown per region is as follows:

Question

Region

01.01.2014

To

31.03.2014

2014/2015

2015/2016

2016/2017

2017/2018

2018/2019

 

2019/2020

2020/2021

2021/2022

 

2022/2023

What (a) is the total number of parolees who violated their parole conditions since 1 January 2014

EC

282

765

969

898

825

821

853

486

606

122

 

FS/NC

298

1059

1053

1078

1034

1183

989

710

898

759

 

GP

1315

2382

2327

2128

2222

2290

2177

1801

2186

1844

 

KZN

111

350

381

542

493

493

345

395

426

449

 

LMN

1127

1105

1102

1130

1092

1096

185

486

606

122

 

WC

782

4959

4791

4775

4888

4089

3584

2438

2774

1496

 

Total

3915

10620

10623

10551

10554

9972

8133

6316

7496

4792

(i) What is the total number of parolees re-arrested and taken back to jail

EC

130

440

555

581

551

612

599

432

522

431

 

FS/NC

162

654

685

677

688

964

789

553

696

481

 

GP

258

917

772

606

692

618

603

397

621

392

 

KZN

74

256

276

387

349

368

361

237

335

437

 

LMN

124

102

99

127

89

93

83

81

81

72

 

WC

626

4173

4099

4022

4015

3480

2941

1888

2129

1207

 

Total

1374

6542

6486

6400

6384

6135

5376

3588

4384

3020

(ii) What is the total number of parolees who remain out of jail?

EC

152

325

414

317

274

209

254

1746

1718

1586

 

FS/NC

148

417

378

485

366

491

366

252

309

328

 

GP

1057

1465

1555

1522

1530

1672

1574

1404

1565

1452

 

KZN

37

94

105

155

144

457

84

158

91

212

 

LMN

1003

1003

1003

1003

1003

1003

102

405

525

50

 

WC

156

786

692

753

873

609

643

550

645

289

 

Total

2552

4092

4145

4232

4189

4440

3022

4510

4850

3915

END

15 December 2022 - NW4219

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

(1)Whether, with the lapse of security identified by his department and the clear obstruction of the department’s procedural security measures, such as regular patrols, frequent searches of cells and the control over objects entering correctional centres, he and his department has found the specified acts as being indicative of their failed attempts to create a secure and rehabilitative environment according to their mandate; if not, what is the position in this regard; if so, what are the relevant details; (2) what are the details of the steps that his department has taken to (a) prevent and (b) minimise the negligence of officials to proactively ensure a safe and secure environment which in turn enables the overriding of procedural security measures?

Reply:

1. The Department has introduced the Standard Operating Procedures (SOPs) on Security which was rolled out to all Correctional Centres and cascaded to all officials for implementation.

The following prevention plans have also been implemented in Correctional Centres:

  • Contraband prevention Plan
  • Bag less society
  • Gang Combating strategy
  • Plans to counteract Smuggling
  • Back to Basics Philosophy and Practice
  • Strategy to counteract infiltration of Community based gang into Facilities.

2. (a) Preventative measures are as follows:

  • Strict application of resolution 01 of 2006 dealing with disciple of staff
  • Searching of officials and all persons at various check points
  • Implementation of a bag less society
  • Security committee meetings are held on a monthly basis to discuss measures to curtail security breaches.
  • Regular visits are conducted by Senior Personnel during the night and day;
  • The use of the K9 unit to sniff put contraband
  • The posting of EST officials at strategic points
  • Use of Body Scanners to enhance searching of inmates, officials and services providers entering and leaving the Correctional Centres
  • Regular patrols in and around the Correctional Centres

2. (b) The following are efforts to minimise the negligence of officials to proactively ensure a safe and secure environment which in turn enables the overriding of procedural security measures.

  • Basic training of officials
  • Development and Implementation of a contraband prevention plan
  • Ongoing orientation for staff members and service providers on security information and awareness.
  • Visibility of Managers at security posts and Units

08 December 2022 - NW4451

Profile picture: Tshwaku, Mr M

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

(a) What total number of inmates have been placed in solitary confinement in 2022, (b) what are the reasons for placing inmates in solitary confinement, (c) who amongst correctional officials has the authority to place inmates in solitary confinement and (d) how is his department ensuring that such authority does not get abused?

Reply:

a) The Department of Correctional Services does not detain inmates in Solitary Confinement. Section 25 of the Correctional Services Act 111 of 1998, which related to solitary confinement is no longer applicable and was repealed in terms of section 19 of Correctional Services Amendment Act 25 of 2008.

b) Not Applicable

c) Not Applicable

END

08 December 2022 - NW4585

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

(a) What total number of former members of the Azanian People’s Liberation Army are still languishing in jail, (b) what offences did they commit and (c) how long has each member been in jail?

Reply:

The admission system utilised by the Department of Correctional Services does not provide for the capturing of political affiliation of inmates, the requested information is therefore unavailable.

END

08 December 2022 - NW4262

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Madokwe, Ms P to ask the Minister of Justice and Correctional Services

Following reports between July 2021 and June 2022 that there were 1 188 children murdered in the Republic, and that some of the perpetrators are either out on parole or on bail, what measures have been put in place to ensure (a) the safety of communities and children from offenders released back into society by the justice system and (b) magistrates and judges do not give rapists and murderers a slap in the wrist for the heinous crimes they have committed?

Reply:

a) The following are measures put in place to ensure safety of communities when offender is on parole:

  • Monitoring and supervision of probationers, parolees and awaiting trial persons under the system of Community Corrections is a human capital-intensive activity.
  • All offenders placed under the system of community corrections are subjected to the Admission Risk Reclassification tool to determine the level of supervision unless stated otherwise by Court/ Correctional Supervision and Parole Board (CSPB).
  • Risk profile assessment conducted to determine the risks, assessed when the static and dynamic factors have changed that necessitate re-assessment. When the offender committed a serious offence, the tool identifies a whole range of static and dynamic factors for which a score is allocated individually and the score determine some factors that might requires intervention and referrals. Final score within a pre-determined range will then result in the probationer or parolee being classified as a high, medium or low risk.
  • The day to day monitoring is enhanced through allocation of resources for physical monitoring, office consultation, telephone monitoring where applicable, community service and programme attendance, (2021/2022 sufficient vehicles 518) were allocated and distributed to all community corrections offices within the regions to ensure successful monitoring in all areas).
  • The monitoring category for every offender under the system of Community Corrections is determined by the predicted risk of offenders from High (minimum 8 contacts), Medium (minimum 4 contacts) and Low Risk (minimum 2 contacts).
  • Review by Supervision Committee: parolees attend sitting either every six months/ frequently depending on their length of their sentence to review their status, behaviour, reclassify or referred for intervention.
  • When the offender violates any set condition, s/he is summoned to the office to provide reasons for non-compliance (the non-compliance is investigated).If reasons are of serious nature and not acceptable a verbal or written warning, referrals for Social work intervention /programmes are made.
  • Partnership with relevant stakeholders and the establishment of 219 offices (rented and in state owned facilities, 57 satellite offices and Service Points for easy access of services contribute positively to the compliance with conditions, ensure visibility and strengthen the system of monitoring.

In ensuring successful reintegration and compliance to set conditions of parole and correctional supervision the following measures are emphasised:

  • Integrated approach at District level and national department - Continuous consultations with traditional leaders, counsellors and relevant department to ensure that they assist the department during reintegration process to accelerate and augment monitoring through special monitoring were various stakeholders are invited during this exercise.
  • Community engagement and awareness through Imbizo’s to orientate the community about the conditions of community corrections, encourage them to support the offenders during their releases, acceptance within their community.

It should be emphasised that irrespective of strict measures by the department to monitor the offenders and ensure compliance of conditions, some of the offender’s relapse into criminal behaviours due to change of circumstances after been released, rejection and stigma by their family and the community, lack of support system, unemployment and other social ills. Reintegration of offenders is a societal responsibility and the department cannot deal with the huge challenges without the involvement of other stake holders including other government department.

END.

01 December 2022 - NW4170

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

Given the reduction to the budget of Legal Aid South Africa (LASA) of R534 670 over the 2021/22-2023/24 Medium-Term Expenditure Framework period, what (a) was the justification for the specified reductions in LASA’s budget, (b) effect will the reductions have on service delivery rendered by LASA to indigent and vulnerable persons and (c) are the relevant details of any backlog in services rendered by LASA; (2) Whether LASA is able to provide effective services at all courts in the Republic; if not, why not; if so, what are the relevant details?

Reply:

1. (a) The National Treasury‘s mandatory baseline budget reductions were necessitated by the national fiscal constraints.

b) Any reductions in Legal Aid SA’s budget has an adverse impact as this affects the recruitment levels, i.e. number of employees as per approved establishment and consequently the court coverage.

c) There are no backlogs as pending matters’ turnaround times are monitored so that cases are not delayed unnecessarily.

2. Legal Aid SA is able to provide services at all courts in the Republic of South Africa through its practitioner per court model, meaning that there is a legal practitioner stationed in every court, responsible for taking all legal aid instructions in his/her or their assigned court. The Department of Justice and Constitutional Development consults with Legal Aid SA whenever new courts are established, and provides necessary budget allocation.

END

01 December 2022 - NW3976

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

With reference to his recent report to the Portfolio Committee on Justice and Correctional Services that the Specialised Commercial Crime Unit (SCCU) finalised 380 cases with 344 convictions, translating to a conviction rate of 90,5%, what (a) total number of the 380 cases were dealt with by each SCCU unit, (b) were the charges in each specific case, including the quantum, (c) was the identity of the accused in each of the 380 cases, (d) was the specific sentence of each accused in respect of convictions and (e) was the date of (i) enrolment and (ii) finalisation of each case?

Reply:

a) The finalised cases reported by the National Prosecuting Authority (NPA) include cases disposed-of within the dedicated commercial crimes courts as well as those finalised by the prosecutors of the Specialised Commercial Crimes Unit (SCCU) in other courts, as the NPA measures the performance of the Unit rather than the dedicated courts.

The NPA, in collaboration with the Department of Justice and Constitutional Development (DoJ&CD) and the Judiciary, established various new dedicated commercial crime courts within the Limpopo, Mpumalanga, North-West and Northern Cape Divisions to ensure that each province has at least one dedicated commercial crimes court. the work of the SCCU) within the NPA as well as the dedicated courts are closely monitored and part of agenda points not only within the different management structures of the NPA but also in the other departments. Collaboration is also done in the National Serious Commercial Crimes Steering Committee where all stakeholders participate in improving the conditions and expansion of the dedicated commercial crimes courts.

The table below provides details on the total number of cases dealt with by each Special Commercial Crimes Unit:

NEW DIVISION

NO. OF SCCU CONVISTIONS

Bloemfontein

10

Cape Town

33

Durban

47

ECD

39

Mmabatho

6

Mpumalanga

9

Mthatha

41

Pretoria

61

SCCU Johannesburg

89

SCCU Polokwane

9

Grand Total

344

b) The charges in each case from which the convictions were obtained is attached as Annexure “A”, and it also includes information relating to questions (c), (d) and (e). The data requested is kept manually and the information available, mostly from the dedicated commercial crime courts, has been extracted from the manual registers. The information relating to the quantum is not always included, neither manually or electronically, as it often creates ambiguity when an amount is indicated but in various instances the amount is indicative only of potential value and not actual prejudice sustained. It is also important to note that new selection criteria to adopt cases within the SCCU no longer focus on the quantum of cases but rather the intricacy of cases, national and international priority as well as other complexity- related criteria.

END

29 November 2022 - NW4171

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

What are the reasons that there is currently no procurement framework for state legal services;

Reply:

  1. The Offices of the State Attorney (OSA) are required by law to follow the provisions of supply chain management policies in procurement of legal services. However, the nature of the operations in the OSA environment are so complex that at times it is impossible to do so. The reliance on private legal practitioners occurs within a framework of rules pertaining to private legal practice. It is neither regularised in so far as prescripts governing State procurement is concerned, nor is it transparent.

State Attorneys are guided by section 8 of the State Attorney Act in procuring legal services. Section 8 of the State Attorney Act gives State Attorneys powers to instruct and employ, as correspondent, any Attorney or other qualified person to act in any legal proceedings or matters in any place, governed by the rules of Attorneys in private practice.

Due to various challenges raised regarding the procurement of legal services and non-compliance with section 217 of the Constitution, National Treasury issued a letter allowing State Attorneys to deviate from the normal procurement processes pending the finalisation of the Framework Contract. The Office of the Solicitor-General (OSG) then issued a directive to State Attorneys on the competitive bidding process and the implementation of the three-quotation system. The approval to deviate from normal procurement process issued by the National Treasury expired on 31 March 2021. Owing to the fact that the Framework Contract has not been finalised, the OSG then amended the delegation of powers and authority to approve the issuing of briefs from the individual Heads of offices to the Briefing Committees established within Offices of State Attorney. Consequently, all briefs to be issued are approved by the said Committees.

To standardise the procurement of state legal services, the OSG developed the Standard Operating Procedure and a Bid Evaluation criteria. The OSG also approached National Treasury to request for an extension on the deviation referred to on the paragraph above. The said request for deviation was rejected by National Treasury. Furthermore, and by way of playing oversight role, the OSG established the National Briefing Committee in order to monitor and assess the briefing patterns issued by State Attorney Offices across the country. The Committee will also provide guidelines on the criteria and processes to be followed on briefing patterns and protocols.

The Department, through the OSG and in consultation with National Treasury, has developed a Framework Contract to solicit information from Legal Service Provider(s) to enable the State to establish a pre-approved list of qualifying Legal Service Providers (Attorneys and Advocates). I have approved the Framework Contract. The bid specification in respect of the Framework Contract has been finalised. Specifications were presented to the Quality Assurance Committee at the National Treasury for approval in September 2022, and specifications were not approved, but returned for corrections and amendments.

  1. Yes, the Department intends to implement a procurement framework for State legal services. The relevant details for procurement framework for State legal services are the key objectives which amongst others are:
  2. Standardization of legal services offering in an effort to reduce the legal service fees paid for state litigations;
  3. Capacitation of taxations skills to validate invoices to reduce exorbitant legal fees;
  4. Transformation of legal services for state litigation;
  5. Implementation of the briefing policy that contributes towards eliminating current race and gender disparities in the legal profession. The briefing policy caters for previously disadvantaged;
  6. Implementation of a random rotational system based on the case specific requirements that will ensure fair and equitable distribution of state litigation cases by balancing the number of briefs and value of briefs;
  1. Increase exposure, transfer of knowledge and skills developments for previously disadvantaged in all areas of the law;
  2. Introduce performance measurement tools, success evaluation, ratings and peer review mechanisms to eliminate a perception that previously disadvantaged do not have capacity and capability to handle complex, high profile and high value cases; and
  3. Encourage a change in attitude so as to promote the inclusion of previously disadvantaged and willingness to transfer skills from the few law firms/Advocates who have benefited from state legal matters to the majority of blacks and women legal practitioners.
  1. Whether the rates that are paid for legal services by the Government are economical, will depend on determination of the question whether the legal practitioners in particular cases have charged reasonable fees or have overcharged. Please note that there are three (3) types of legal practitioners in South Africa. These legal practitioners are Attorneys, Trust Account Advocates and Referral Advocates.

Attorneys’ legal fees and costs rates are regulated by the Rules Board for Courts of Law which is a statutory body established to review the rules of court and to make, amend or repeal rules relating to among others, attorney’s legal fees and costs. These fees and costs, including the fees payable in respect of the service or execution of process (except subpoenas or warrants issued at the request of the State in criminal matters) or in respect of the summoning of persons to answer interrogatories are reasonable. Therefore, the legal fees rates that are paid to attorneys for state legal services relating to outsourced matters are economical.

Trust Account Advocates’ legal fees are also economical on the basis of the following two grounds: (a) firstly, the legal fees and costs are regulated and guided by the Legal Practice Council’s Code of Conduct published in terms of Section 97(1)(b) of the Legal Practice Act, which is published on Legal Practice Council Notice 813 of 2018, and (b) secondly, some of the legal fees for Trust Account Advocates, especially for work that was traditionally reserved for attorneys, are to be regulated by the Rules Board for Courts of Law.

Referral Advocates’ legal fees are similarly economical on the basis that fees that advocates are charging are in terms of guidelines and regulation of the Legal Practice Council’s Code of Conduct published in terms of Section 97(1)(b) of the Legal Practice Act, which is published on Legal Practice Council Notice 813 of 2018.

Case law and principles guides that Legal Practitioners are required to charge reasonable fees for the legal services rendered. The government is also bound by the tariffs of the Rules Board for Courts of Law and also by the guidelines of the Legal Practice Council’s Code of Conduct.

29 November 2022 - NW4154

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Herron, Mr BN to ask the Minister of Justice and Correctional Services

(a) What total amount and (b) how much property has been deposited into the Criminal Assets Recovery Account (CARA) as a result of judicial forfeiture and/or confiscation order since he assumed office to date; (2) How has the Cabinet allocated the money and property which were confiscated and/or forfeited and deposited into the CARA; (3) What are the relevant details of the (a) money and (b) property that have not yet been allocated; (4) What are the relevant details of all the (a) money and (b) property that was deposited into the CARA during the 5th term of Parliament; (5) Whether all the (a) money and (b) property was allocated by the Cabinet; if not, what is the proposed allocation for the specified assets; if so, what are the relevant details?

Reply:

1. (a) R 366 285 515.87

(b) None.

2. R50 million – Gender Based Violence and Femicide (GBVF);

R16 million – Corruption and other forms of Economic Crimes; and

R50 million – Cybersecurity.

3. (a) R539 134 291.63

(b) Assets are not allocated but sold, and the funds are allocated.

4. (a) R677 001 065.08

(b) This includes money received for the sale of the assets.

5. (a) R539 134 291.63 is not yet allocated.

(b) Assets are not allocated but sold.

A request amounting to R714,6 million was received, no proposals for the allocation of funds were made since it was indicated that some of the requests will be funded from the Fiscus. Once the National Treasury processes are finalised, proposals will be made for the allocation of Criminal Assets Recovery Account (CARA) funding.

END

25 November 2022 - NW3555

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Herron, Mr BN to ask the Minister of Justice and Correctional Services

(1) Considering that according to the Police Statistics released on 19 August 2022, a total number of 286 rapists were convicted between 1 April and 30 June 2022, what total number of rape cases are currently being prosecuted by the National Prosecuting Authority (NPA); (2) what total number of rape cases were referred to the NPA in the 2021-22 financial year for a decision on prosecution; (3) of the specified rape cases that were referred to the NPA in the past financial year for a decision, what (a) total number of such cases (i) are currently being prosecuted, (ii) were nolle prosequi and (iii) were referred back to the SA Police Service for further investigation and (b) is the status of the balance of the cases?

Reply:

1. The total number of outstanding rape cases on the court rolls is: 10 118 in the Regional Courts and 5 355 in the District courts. The above is the total number of outstanding cases involving charges of rape as at 28 October 2022. The cases are not recorded in accordance with the dates on which the crimes have been reported at the South African Police Service and cannot directly be linked to the 286 cases reported by the Police for quarter one of the financial year.

2. During the financial year 2021-22, the NPA received 767 799 new dockets for decision. The NPA does not distinguish between crime types.

3. (a) (i) Of the 767 799 decision dockets, which include rape matters, prosecution was instituted in 79 319 cases.

(ii) Of the 767 799 dockets which include rape matters, prosecution was declined in 401 191 cases.

(iii) Of the 767 799 dockets which include rape matters, 283 719 cases were referred for further investigation.

(b) Regarding the balance of the cases, 2 749 were mediated, 770 were adult iversions and 1 816 cases were finalised by way of an admission of guilt. The rest of the cases were referred for an Inquest in terms of the Inquest Act No. 58 of 1959, the accused were referred for mental observation in terms of Criminal Procedure Act No. 51 of 1977, the accused were referred for criminal capacity assessment, finalized by way of an alternative dispute resolution method, diverted where the accused were young offenders and the rest of the cases are pending awaiting the arrest of the accused who absconded after enrolment of the case.

25 November 2022 - NW3480

Profile picture: Msimang, Prof CT

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

What (a) is the total number of wrongful convictions that were handed down in the Republic in the past three financial years and (b) is the position of his department in this regard? [

Reply:

1. Wrongful convictions are not part of the key Judicial Indicators although the number of Appeals finalised are being monitored.

2. Judicial functions were delineated from the Office of the Chief Justice planning documents from 2017/2018 going forward.

3. The Chief Justice however presents the Judiciary Annual report at the Judiciary day. The report is available on the Judiciary website.

25 November 2022 - NW3784

Profile picture: Msimang, Prof CT

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

(1)What total number of (a) prisons are currently overcrowded to date and (b) projects currently exist to capacitate the specified prisons with the required resources and equipment; (2) Whether there have been any links between the overcrowding of prisons and the health deterioration of some inmates; if not, what is the position in this regard; if so, what are the relevant details; (3) How has he found did overcrowding negatively impact the human incarceration, rehabilitative and human rights imperatives of his department?

Reply:

(1) Attached as Annexure A.

(2) The Department does not have any evidence suggesting a link between overcrowding of prisons and the health deterioration of inmates. Inmates are provided with primary health care services in the correctional centres based on identified health needs and clinical conditions. Where applicable, inmates are referred to external public health facilities for secondary and tertiary levels of health care.

(3) Overcrowding places limitation in terms of space in the facilities for conducting group rehabilitation programmes.

Professionals share offices in some cases and that limits the number of inmates they can consult with per day since they have to alternate and share available common office spaces.

END.

25 November 2022 - NW3629

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

With reference to the Quarter One SA Crime Statistics for the 2021-22 financial year, pertaining to crimes committed against children, what is the total number of (a) successful convictions, (b) cases that were dismissed and/or acquitted as a result of poor and/or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family, (d) cases awaiting trial, (e) cases awaiting sentencing and (f) cases still under investigation in each province for (i) rape, (ii) sexual assault, (iii) attempted sexual offence and (iv) kidnapping?

Reply:

The National Prosecuting Authority (NPA) prioritises all Gender-Based Violence and Femicide (GBVF) matters and more especially where the victims are children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim responsive manner, in line with the Strategic Plan of the NPA. This is done by providing pre-trial and court preparation services, often in collaboration with Civil Society Organisations (CSO), at its sixty-one (61) Thuthuzela Care Centres (TCCs) across the country. These one-stop centres provide a variety of essential psycho-social, medical and legal services thus creating a safe space for child victims to report offences against them and receive services that are empowering them to transform into survivors. Specialised training is also provided to prosecutors in dealing with child victims and their testimonies. Whilst prosecutors in court are prioritising these matters, data is not kept for offences committed against children specifically.

During the Quarter 1 of 2021/22 financial year (April to June 2021), the following was not recorded in respect of crimes against children:

  1. The total of successful convictions;
  2. The total number of dismissals or acquittals, nor the reason(s) for the acquittal;
  3. The information regarding cases withdrawn by the victim and/or victim’s family;
  4. The number of cases awaiting trial;
  5. The number of cases awaiting sentencing; and
  6. The NPA is also unable to supply information pertaining to cases still under investigation in each province for (i) murder, (ii) attempted murder, (iii) assault with the intent to inflict grievous bodily harm and (iv) common assault as it is not recorded by the NPA but the SAPS.

The number of cases reported by SAPS includes matters where the decision was taken to not prosecute where the offender is also a child and below the age of criminal capacity or whether the child victim was too traumatised to proceed or where there is insufficient evidence to proceed.

25 November 2022 - NW3434

Profile picture: Montwedi, Mr Mk

Montwedi, Mr Mk to ask the Minister of Justice and Correctional Services

What (a) are the reasons that it takes almost six months for a case on the normal roll for the North West High Court to finally be heard in court and (b) steps of intervention have been taken to reduce the extended waiting period? [

Reply:

1. Reserved Judgments form part of the Judicial performance indicators and targets relating to Judicial functions.

2. Judicial functions were delineated from the Office of the Chief Justice planning documents from 2017/2018 going forward.

3. The Chief Justice however presents the Judiciary Annual report at the Judiciary day. The report is available on the Judiciary website.

4. All questions relating to judicial functions should be directed to the Chief Justice.

24 November 2022 - NW2883

Profile picture: Zungula, Mr V

Zungula, Mr V to ask the Minister of Justice and Correctional Services

In light of the extension requested by Chief Justice R M M Zondo in completion of the report of The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State better known as the Zondo Commission, what financial allowances and claims has the Chief Justice made during the extended period as Chair of the Zondo Commission?

Reply:

The Chief Justice R M M Zondo has not made any claims or been paid any allowances during the extended period of the Judicial Commission of Inquiry into Allegations of State Capture.

24 November 2022 - NW2455

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Herron, Mr BN to ask the Minister of Justice and Correctional Services

Whether, with reference to the reply of the Minister of Police to question 2141 on 17 June 2022 regarding the investigations and prosecutions arising out of the Truth and Reconciliation Commission, wherein he states that 100 cases were referred to the Directorate for Priority Crime Investigation (DPCI), what is position to the other 200 cases of apartheid-era atrocities, where no amnesty was applied for and/or granted, that were recommended by the TRC for investigation and/or prosecution; (2) What criteria was determined by the National Prosecuting Authority for selecting and/or prioritising, the 100 out of the 300 for the DPCI for investigation?

Reply:

1. According to the National Prosecuting Authority (NPA) statistics, prior to September 2021, a total of 59 Truth and Reconciliation Commission (TRC) cases were under investigation by the Directorate Priority Crime Investigation (DPCI). The Priority Crimes Litigation Unit (PCLU) oversaw the investigations at a national level until they were migrated to the respective provinces in April 2019. After a careful analysis, a further 55 cases were thereafter identified for re-opening.. These cases pertained to the deaths in detention where detainees, detained mainly under security legislation, died under circumstances which necessitated further investigation. These matters were identified on the available information at that stage. The process to review the TRC Recommendations is ongoing and relevant is extracted from the multiple volumes of the Final TRC Report.

Since September 2021 to July 2022, a total of 64 new matters have been referred to the DPCI for investigation.

2. The criteria currently used is to first establish if the charge/s against person/s have not prescribed. Once it has been ascertained that the matter was referred by the TRC, and the charges have not prescribed, then the matter is referred for re-opening to DPCI for the allocation of an investigator. After an investigator is appointed, the matter is referred to the office of the relevant Director of Public Prosecutions (DPP) where a dedicated TRC prosecutor is assigned the matter for prosecution guided investigation to take place.

END

24 November 2022 - NW3188

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

On what date did he last attend a meeting outside the structures of the Government to determine the deployment of personnel in public sector positions;

Reply:

  1. I have not attended a meeting outside of the Government to determine the deployment of personnel in public sector positions.
  1. Appointments in the Public Service are regulated by the Public Service Regulations (PSR) 2016, (57). In terms of regulation (65) of the PSR, vacancies in the public service must be advertised extensively, to reach an entire pool of potential applicants.

Regulation (67) of the PSR regulates the selection of a suitable candidate/s to an advertised post. Formal selection processes entail the shortlisting of candidates, where after formal interviews are undertaken to identify a suitable candidate to appoint. Regulation (67)(7) also makes provisions to headhunt a suitable candidate if the selection panel is unable to recommend a suitable candidate.

END

21 November 2022 - NW3214

Profile picture: Msimang, Prof CT

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

In view of the criminal justice reforms in the National Development Plan (NDP) and other reviews spanning the past 15 years that have not been implemented, what are the reasons that a member of the Executive has not yet been appointed to co-ordinate and manage implementation of the Seven-Point Plan in the 2007 Criminal Justice Review that was adopted by the Cabinet and reiterated in the NDP?

Reply:

The Department of Justice and Constitutional Development is currently accountable for the overall delivery of the IJS Programme, and accounts for the entire IJS budget. The newly revised IJS governance arrangements seek to clarify and strengthen the roles of the Director-General (DG) as the accounting officer of the programme, and that of the Minister of Justice and Correctional Services as the executive authority of the program.

The IJS Board has been reconfigured into an IJS Implementation Committee which is accountable to the CJS Directors-General. The formation of the IJS Board of DGs has offered an opportunity for the JCPS Directors-General to provide oversight and strategic leadership over this important transformation project as JCPS management collective. The formation of the IJS Ministerial Committee (IJSMC) provides political oversight and direction of the whole IJS Programme. The Committee comprises of the Minister of Justice and Correctional Services as the Convenor, Minister of Police, Minister of Social Development and Minister of Home Affairs.

END

18 November 2022 - NW3429

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Yako, Ms Y to ask the Minister of Justice and Correctional Services

What are the rehabilitative programmes that his department has put in place to ensure that child offenders are rehabilitated and do not fall back into a life of crime, once released?

Reply:

Section 16 (1) of the Correctional Services Act (CSA),111 of 1998, as amended, states that: “The Department may provide correction, development and care programmes and services even when not required to do so by this Act”, and in Section 41 of the Act, it provides, under subsection “Treatment, development and support services. (1) The Department must provide or give access to as full a range of programmes and activities, including needs-based programmes as is practicable to meet the educational and training needs of sentenced offenders”.

Children offenders are children aged between 14-17 years of age. This category of offenders are given the opportunity to access formal education programmes. The following formal education programmes are offered to all offenders: -

  • Further Education and Training (FET): Grades 10-12. All those offenders that have successfully completed the above-mentioned programme get an opportunity to pursue studies in the FET Band following a curriculum known as Curriculum and Assessment Policy Statements (CAPS), similar to all external schools within the education system of the country.
  • Children are also given the opportunity to attend Adult Education and Training (AET) Levels 1-4 if they do not want to attend Grade 10-12 mainstream education. This is equivalent to Grades 1-9 in normal mainstream education and it’s for offenders who want to pursue studies in the General Education and Training (GET) Band.
  • Child offenders who enter Correctional centres late in the academic year, might only be enrolled in the following academic year for formal education programmes. However, all offenders, including children have access to a range of Sports, recreation, arts, and culture programmes and also have access to libraries.

The department is also rendering needs based rehabilitative programmes to child offenders by Social Workers among other professionals.

The following programmes and services were rendered to sentenced children, including parolees, probationers and children in remand detention for the Financial Year 2021/2022 by Social Workers.

 

Programmes and services

Sentenced Children

Remand Children

 

Correctional

Centres

Community Corrections

 

Substance Abuse

3

1

5

Life-Skills

25

16

20

Marriage and Family Care

25

17

18

Sexual Offender

3

7

0

Anger Management,

9

4

6

Orientation Treatment

0

2

0

Cool and fit for life

0

1

0

Parenting

1

0

0

Supportive Services

13

4

0

Trauma

2

0

2

Assessment

64

19

0

TOTAL

145

71

51

NB: Some child offenders attended multiple programmes

 

END

18 November 2022 - NW3474

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Luthuli, Mr BN to ask the Minister of Justice and Correctional Services

Given the high number of repeat offenders, how has his department ensured that individuals appointed as parole board members receive adequate support and enough time to conduct assessments effectively in order to make an informed decision on granting or denying parole to an inmate?

Reply:

The Department has implemented the following material support systems to Parole Boards:

  • DCS has expedited the filling of parole board vacancies that have existed across all regions to ensure that boards function at full complement
  • The Department has been building capacity in Case Management Committees in order to improve the quality of sentence plans, case management processes and profiles that are ultimately submitted to the Parole Board to better assist them in arriving at a decision.
  • Ongoing training is provided to the Correctional Supervision and Parole Boards (CSPBs). The training focuses on parole policy procedures, decision making tools and calculation of release dates amongst others.
  • Profile reports are submitted 3 months prior to offenders reaching their minimum detention periods to the CSPBs for consideration for possible placement on parole.

END.

18 November 2022 - NW3719

Profile picture: Msimang, Prof CT

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

(1)Given that remand detainees make up more than 30% of the prison population, and noting that according to the Judicial Inspectorate of Prisons up to 2 700 of the specified prisoners have been given bail but cannot afford it, does he have a plan in place to assist prisoners who have been given bail which they are unable to afford; 2) What is the total cost incurred by the State in the 2020-21 financial year for remand detainees who have been granted bail?

Reply:

1. There is a plan which is continuously implemented throughout all our Remand Detention (RD) Facilities in the form of Bail Protocol and referral of remand detainees to court for bail review in line with section 63(1) of the Criminal Procedure Act (51, 1977).

a) Bail Protocol Section 63(A) of the Criminal Procedure Act - CPA) allows the Head of the Centre to submit an application to court for review of bail of RDs who have been charged with Schedule 7 crimes. The criteria for submitting an application is when a particular centre/detention facility is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of remand detainees. These must be the lower court cases i.e., the Regional and Magistrate courts. The possible outcomes are as follows: -

• Release of the RD;

• Release and placement on warning;

• Placement under Section 62(f) of the CPA: Supervision by a correctional official;

• Reduction of the amount of bail;

• Placement in a secure care facility if the RD is a child; and

• Decline to review bail (Unsuccessful application).

b) Section 63(1) of the Criminal Procedure Act: This section allows the RD or the prosecutor to approach the court for a review of bail. All the RDs with bail qualify for bail review, however, DCS cannot initiate the process without the permission of the RD.

c) Furthermore, remand detainees are assisted by contacting their relatives and family members and advised to utilise the telephones at the correctional centres / remand detention facilities in this regard.

(2) The determination of the total cost incurred by the State in the 2020/21 financial year for remand detainees who have been granted bail is an estimate based on the per capita cost and monthly averages. The 2020/2021 average monthly per capita cost for unsentenced inmates was R12 493.44 per inmate and the annual average of the RDs was 4 212. The cost of 4 212 RD per month for 2020/2021 was R52 622 369.28. The annual estimated cost is R631 468 431.36.

END

18 November 2022 - NW3808

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Graham, Ms SJ to ask the Minister of Justice and Correctional Services

(1)What (a) prisoner empowerment programmes and (b) religious services are currently in force in the Eastern Cape (i) prisons and (ii) remand centres; (2) what programmes are offered to awaiting trial prisoners under Section 73(3) of the Criminal Procedure Act, Act 51 of 1977, in (a) prisons and (b) remand Centres; (3) whether there are any additional programmes that are being considered for the specified facilities; if not, why not; if so, what are the further, relevant details?

Reply:

(1)(a) Eastern Cape Region is providing needs based Social Work, Psychological Services, Spiritual Care, Education and Training, Production Workshops and Agriculture programmes including 13 correctional programmes aimed at creating awareness and life skills to sentenced offenders in all correctional centres nationally including EC.

i) Sentenced Offenders

ii) Remand Offenders

Management Area

Education Programmes Offered

Number of Offenders attending

Remand Centre

Education Programmes Offered

Number of Offenders attending

East London

AET L1 -  L4

120

N/A

N/A

N/A

Kirkwood

AET L1 -  L4

52

N/A

N/A

N/A

Amathole

AET L1 -  L4

86

N/A

N/A

N/A

Sada

AET L1 -  L4

128

N/A

N/A

N/A

 

Grade 10 - 12

87

N/A

N/A

N/A

St. Albans

AET L1 -  L4

152

N/A

N/A

N/A

 

Grade 10 - 12

19

N/A

N/A

N/A

Mthatha

AET L1 -  L4

104

N/A

N/A

N/A

(1)(a)(ii) Remand Detainees (RDs) are participating in information sharing and awareness programmes which are rendered by Social Workers, Psychologists and Health Care professionals.

RDs who were schooling during the time of incarceration are provided with the necessary education material for continuation of programmes

(1)(b)(i) Religious Services are rendered to all inmates as well as on a needs-based individual pastoral services and church services are conducted in all correctional centres. The following religious services are rendered at the Correctional Centres:

  • Church/Faith Services,
  • Group Sessions,
  • Individual Pastoral Counseling Sessions,
  • Prayer meetings and Bible/Religious studies

Group work programmes like anger management, heartlines, cross roads are some of the programmes that are rendered to offenders.

((1)(b)(ii) In addition to the RDs, Group Work Programmes like anger management, heartlines, cross roads are some of the programmes that are rendered by DCS taking to consideration that some are first time offenders and being in confined space may have a negative impact.

(2) Section 73(3) of the Criminal Procedure Act, Act 51 of 1977 relates to assistance for criminal proceedings and not correctional programmes. The section reads as follows:

  • In addition to the provisions of sections 3 (g), 38 (2), 44 (1) (b) and 65 of the Child Justice Act, 2008 (Act 75 of 2008),relating to the assistance of an accused who is under the age of eighteen years by his or her parent, an appropriate adult or a guardian at criminal proceedings, any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.’

(3) There are currently no additional programmes other than those that are rendered by DCS except Spiritual Care.

END.

18 November 2022 - NW4030

Profile picture: Van Zyl, Ms A M

Van Zyl, Ms A M to ask the Minister of Justice and Correctional Services

(1)What (a) total amount does his department owe to the (i) Walter Sisulu Local Municipality and (ii) Senqu Local Municipality and (b) is the age analysis of the monies owed in each case; (2) what (a) are the specific details of the buildings in respect of which his department owes the specified municipalities and (b) is the use of each specified building; (3) whether his department has any plans to address the debts; if not, why not; if so, what (a) are the relevant details of his department’s plan and (b) is the time frame in which the debts will be settled?

Reply:

1. (a) (i) There is no amount owed to the Walter Sisulu Local Municipality by the Department of Justice and Constitutional Development (DoJ&CD).

            (ii) There is no amount owed to the Senqu Local Municipality by the DoJ&CD.

(b) Falls away.

2. (a) (i) The age analysis indicates that there are no specific buildings in respect of which the Department owes the municipality. All the accounts of the    

buildings under the jurisdiction of the Walter Sisulu Local Municipality are timeously and fully paid.

(ii) Falls away.

(b) The use of the buildings under both Walter Sisulu Local Municipality and Senqu Local Municipality is for the purposes of Magistrate Courts and all the        buildings municipal services accounts are fully paid.

3. Falls away.

15 November 2022 - NW4090

Profile picture: Shembeni, Mr HA

Shembeni, Mr HA to ask the Minister of Justice and Correctional Services

What are the reasons that municipal officials implicated and arrested for corruption get bail so easily without bail being opposed; (2) Whether the crimes of corruption are not viewed as serious cases against the State; if not, why not; if so, what are the relevant details?

Reply:

APPLICABLE LEGISLATION

A. The Constitution

a) Section 12(1)(a) of the Constitution of the Republic of South Africa, 1996 (the Constitution), states that a person cannot be deprived of his or her freedom arbitrarily or without just cause.

B) Section 35(1)(f) of the Constitution reads:

Everyone who is arrested for allegedly committing an offence has the right (f) to be released from detention if the interests of justice permit, subject to reasonable considerations’.

B. Criminal Procedure Act No. 51 of 1977

(a)  Section 60(1)(a) of the Criminal Procedure Act 51 of 1977 (the Criminal Procedure Act) states: “An accused who is in custody in respect of an offence shall be entitled to be released on bail at any stage preceding his or her conviction in respect of such offence, if the court is satisfied that the interests of justice so permit”.

(b) Section 60(4) of the Criminal Procedure Act lists the grounds on which it would not be in the ‘interests of justice’ to grant an accused bail. Broadly, these are, where there is likelihood that the accused, if released on bail, would:

  1. endanger the safety of the public or any person or will commit a schedule 1 offence;
  2. attempt to evade trial;
  3. attempt to influence or intimidate witnesses or to conceal or destroy evidence;
  4. undermine or jeopardise the objectives or the proper functioning of the criminal justice system; or
  5. where in exceptional circumstances, there is the likelihood that the release of the accused would disturb the public order or undermine public peace or security.

These interests must be weighed against the right of the accused to his or her personal freedom, in particular, the prejudice he or she is likely to suffer, if not admitted to bail.

c) It is imperative to note that applications for bail are directed to Presiding Officers who must decide if it is in the interest of justice for an accused to be released on bail (where a person is charged with an offence listed in schedule 5 of the Criminal Procedure Act), or if there are exceptional circumstances for an accused to be released on bail (where a person is charged with an offence listed in schedule 6 of the Criminal Procedure Act).

1. (a) The National Prosecuting Authority (NPA), in articulating its attitude on whether

to oppose bail or not, is guided by the legislative framework set out above, being the Constitution and the Criminal Procedure Act.

The role of the NPA in a bail application court process is to adduce evidence which is intended to assist the court to determine whether the accused is a suitable candidate to be released on bail or not, and to also counter evidence submitted by the accused, where one or more of the grounds stated in Section 60 (4) of the Criminal Procedure Act are established.

Every application for bail is approached and dealt with on its own merits, after careful consideration of the merits of the case.

Where a municipal official or any other person is applying for bail, and one or more of the grounds stated in Section 60 (4) of the Criminal Procedure Act are established, the NPA has a duty to oppose the application for bail and does oppose bail.

It, however, remains the discretion of the court to decide whether the accused is granted bail or not.

2. The NPA views the offence of corruption as serious cases against the State, and the people. This was prioritised in the NPA six (6)-months’ planning process. The NPA endeavours to ensure that criminal prosecutions are initiated against persons if there is sufficient evidence that points to them as having committed offence/s of corruption, once investigations are finalised.

This also relates to allegations of corruption emanating from the State Capture Commission recommendations. In this regard, the NPA undertook, and has fulfilled its public commitment made to Parliament in May 2022, to enroll nine (9) seminal cases related to State Capture by the end of September 2022.

In those six (6) months, the NPA also made significant progress in prosecuting another wave of cases which are of equal importance in its drive to ensure accountability for corrupt activities. Although these cases do not get the same level of public and media attention, they collectively involve billions of rands that have been stolen from the public purse, often by collusion between officials of the State and people in the private sector, and enable the NPA to deal, bit by bit, with corruption across the public and private sectors.

These include several cases being pursued in the provincial divisions by Specialised Commercial Crime Unit (SCCU) prosecutors and other prosecutors tasked with guiding criminal investigations and conducting prosecutions.

Of pertinence in the novel approach to expediting State Capture and complex corruption cases, is the role of the Task Force, which brings together in closer collaboration, key role players in these cases. The Task Force includes several NPA units, including Directors of Public Prosecutions, Asset Forfeiture Unit, Investigating Directorate, Strategy, Operations and Compliance (SOC) Unit as well as the Directorate for Priority Crime Investigations (DPCI). In some cases, working with Counsel from the private sector has also borne remarkable fruits.

The recent enrolment of the seminal cases and other complex corruption cases guided through the Task Force, has therefore been by design and not by default. This has been a collective effort by prosecutors, investigators, analysts and other DPP and NPA staff members with specialised skills and is indicative of the seriousness the NPA views corruption allegations.

(a) Further, the 2022/23 Annual Performance Plan (APP) of the NPA provides that, while ensuring justice for the many victims of crime is core to the operations of the National Prosecutions Service (NPS), its priorities include dealing with corruption, fraud, and complex commercial crime.

As such, the NPA recognises that corruption, amongst others, disproportionately affects the poor and vulnerable, and is a burden to the South African economy.

15 November 2022 - NW3843

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

In light of the fact that the age of consent in the Republic is 16 years old, therefore it is against the law for anyone to have sex with someone who is under 16 and constitutes a statutory rape with exceptions (details furnished), and noting that in the republic girls as young as nine years old give birth, which is a cause for concern, in the period 2018 up to the latest specified date for which information is available, what is the total number of (a) successful convictions, (b) cases dismissed and/or acquitted as a result of poor and/or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family, (d) cases awaiting trial and (e) cases awaiting sentencing in each province?

Reply:

  1. It must be noted that the National Prosecuting Authority (NPA) does not collate offence specific data in general. However, court statistics, regarding statutory rape and statutory sexual assault matters, as reported and dealt with at the NPA SOCA Thuthuzela Care Centres, are herewith provided for the financial years as reflected below:
  2. 2019/2020 financial year:
  3. Statutory rape – section 15 of Act 32/2007
  • Finalised 119 verdict cases with 116 convictions – 97.5 % conviction rate.
  • Diversions in 15 cases.
  1. Statutory sexual assault – section 16 of Act 32/2007
  • Finalised 2 verdict cases with 2 convictions – 100% conviction rate.

No diversions applied

  1. 2020/2021 financial year:
  2. Statutory rape – section 15 of Act 32/2007
  • Finalised 64 verdict cases with 61 convictions – 95.3% conviction rate.
  • Diversions in 2 cases.
  1. Statutory sexual assault – section 16 of Act 32/2007
  • Finalised 2 verdict cases with 2 convictions – 100% conviction rate.
  • No diversions applied.
  1. 2021/2022 financial year:
  2. Statutory rape – section 15 of Act 32/2007:
  • Finalised 85 verdict cases with 80 convictions – 94.1% conviction rate.
  • Diversions in 12 cases.
  1. Statutory sexual assault – section 16 of Act 32/2007:
  • Finalised 12 verdict cases with 12 convictions – 100% conviction rate.
  • Diversions in 2 cases.

In the analysis of the data, it is evident that the Covid-19 pandemic had a negative impact on the reporting and finalisation of cases as reflected in 2020/21 and 2021/22 financial years respectively. In comparison to the 2020/21 financial year, the 2021/22 financial year shows an increase in these numbers.

The information to sub-question (b) regarding the acquittals are included supra in the actuals and conviction rates as provided.

The information to sub-questions (c), (d) and (e) are not available. It is respectfully submitted that the Police Ministry is better placed to respond to the questions asked.

In addition, it must be noted that these offences of statutory rape and statutory sexual assault as mentioned, inter alia, are covered in the training curriculum provided to prosecutors. These manuals are annually reviewed and updated with the latest legislation and case law to ensure that prosecutors are proficient in the application of the said law.

15 November 2022 - NW3630

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

With reference to the Quarter One SA Crime Statistics for the 2021-22 financial year, pertaining to crimes committed against children, what is the total number of (a) successful convictions, (b) cases that were dismissed and/or acquitted as a result of poor and/or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family, (d) cases awaiting trial, (e) cases awaiting sentencing and (f) cases referred back to the police for further investigation in each province for (i) attempted kidnapping and (ii) human trafficking?

Reply:

The National Prosecuting Authority (NPA) prioritises all Gender-Gased Violence and Femicide (GBVF) matters and more especially where the victims are children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim centric manner. This is done by providing pre-trial and court preparation services, often in collaboration with Civil Society Organisations (CSO), at its sixty-one (61) Thuthuzela Care Centres (TCCs) across the country. These one-stop centres provide a variety of essential psycho-social, medical and legal services thus creating a safe space for child victims to report offences against them and receive services that are empowering them to transform into survivors. Specialised training is also provided to prosecutors in dealing with child victims and their testimonies. Whilst prosecutors in court are prioritising these matters, data is not kept for offences committed against children specifically.

During Quarter 1 of 2021/22 financial year (April to June 2021), the following was not recorded in respect of crimes against children:

  1. The total of successful convictions;
  2. The total number of dismissals or acquittals, nor the reason(s) for the acquittal;
  3. The information regarding cases withdrawn by the victim and /or victim’s family;
  4. The number of cases awaiting trial;
  5. The number of cases awaiting sentencing; and
  6. The NPA is also unable to supply information pertaining to cases still under investigation in each province for (i) attempted kidnapping and (ii) human trafficking.

Having regard to the above, it is respectfully submitted that the Police Ministry is better placed to respond to the questions asked.

15 November 2022 - NW3825

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

Whether his department has a plan in place to address the untenable state of affairs of several toilet facilities at the Plettenberg Magistrates Court designated for the disabled which have no functioning lights nor globes, rendering them unusable; if not, why not; if so, what are the (a) time frames and (b) further relevant details of the plan?

Reply:

I have been informed, by the Department of Justice and Constitutional Development’s Provincial Head: Western Cape, that facilities related challenges were resolved on 18 October 2022. Contractors were called to conduct an assessment and repair. Using the Departmental delegation, all lights were repaired, and globes were also fitted. This was confirmed when the Provincial Head and in his delegation visited the service point to test functionality. The newly appointed Area Court Manager conducts weekly inspections on the building to ensure that all defects are noted and resolved.

Ablution facilities, CCTV, generator gauge and emergency lights are linked to the central biometric system. This system was affected during the municipal electrical power outage which affected the entire area including the court. As soon as the municipal power was restored, the Court Management logged a call to ensure that affected biometric system is also restored.

15 November 2022 - NW3824

Profile picture: Breytenbach, Adv G

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

During a recent unannounced oversight visit to the Magistrates Court in Plettenberg Bay, it became apparent that the court designated for the hearing of children’s cases cannot be used as the video technology is not operative, the separate entrance designated for use by child and women victims is unable to be used as the door does not open, forcing them to use the general entrance and leaving them vulnerable to intimidation, is there some plan in place to rectify the unsatisfactory state of affairs?

Reply:

The designated Sexual Offences area in the Plettenberg Bay Magistrates’ Court, including waiting areas, are controlled and secured through the biometric system (central pool). This system was affected by the electrical power outage which occurred and affected the entire area. When the municipality restored electricity, the courts conducted a functionality test, and a call was logged to restore the biometric system, which is a security function that controls and restricts access to protect court users. As of 21st October 2022 the system is now functional.

END

11 November 2022 - NW1971

Profile picture: Breytenbach, Adv G

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

What is the proposed timeline for the repair and/or replacement of the (a) elevator and (b) lift shaft that is filled with water at the basement level (details furnished) at the Supreme Court of Appeal which have been out of order for a period in excess of 12 months?

Reply:

(a) and (b) The day-to-day maintenance of each Superior Court remains the responsibility of the respective Court Managers. The Court Manager of the Supreme Court of Appeal (SCA) has advised that the Facilities Management Unit of the Department of Public Works and Infrastructure (DPWI) fixed both the sump pumps and the lifts were back in service on 28 April 2022.

11 November 2022 - NW1972

Profile picture: Breytenbach, Adv G

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

What is the proposed time line for the replacement of the air conditioning system at the Supreme Court of Appeal that has been out of order for years, since repair is impossible due to a complete lack of maintenance (details furnished)?

Reply:

There is a term contract in place with the Department of Public Works and Infrastructure which covers for the repair and service of the Heating, Ventilation and Air Conditioning (HVAC) system. The contract commenced on 01 April 2021, and is due to expire in April 2023.

The Court Manager of the Supreme Court of Appeal (SCA) has advised that the project instruction to replace chillers and the air conditioning units at the SCA has been issued to the Free State Regional Office of the Department of Public Works and Infrastructure (DPWI) on 18 February 2022. The assigned project manager, held a site briefing meeting between the Supreme Court of Appeal and the professional team from the DPWI Head Office on 12 May 2022. The commissioned engineers conducted a conditional assessment of the HVAC system.

However, due to the fact that the system is very old, the HVAC system has a history of continuous breakdowns and it was therefore recommended that the system be replaced due to lack or unavailability of spares since the system is too old. The system was repaired in numerous occasions without any lasting or long-term solutions.

Currently, there is a plan to replace HVAC system, and the project is in planning phase. The DPWI confirmed that the tender processes will commence in the 2022/2023 (December 2022/January 2023) Financial Year and that the project is earmarked to be completed in the 2024/2025 Financial Year.

03 November 2022 - NW3506

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

With reference to the Quarter One SA Crime Statistics for the 202122 financial year, pertaining to crimes committed against women, what is the total number of (a) successful convictions, (b) cases dismissed and/or acquitted as a result of poor or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family, (d) cases awaiting trial, (e) cases awaiting sentencing and (f) cases still under investigation in each province for (i) murder, (ii) attempted murder, (iii) assault with the intent to inflict grievous bodily harm and (iv) common assault?

Reply:

The National Prosecutor Authority (NPA) is particularly concerned where children and women are the victims of crime and deals with such cases as matters of priority. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is looking towards and assisting these victims in the Thuthuzela Care Centres (TCC’s) of South Africa. Sixty-one (61) TCC’s have already been established throughout the country. Safe spaces for such victims are created. These centres also provide improved services such as treatment and educational assistance to these victims. Prosecutors in court are attending to these matters as priority though it is difficult to keep record of all such cases especially when the crimes, as appears from the question above, are not committed solely due to the gender or age of the victim. The NPA is manually though recording data on both femicide as well as intimate femicide cases. Regarding crimes against women the NPA can supply the data on convictions and acquittals pertaining to femicide and intimate partner femicide only.

During the financial year 2021/22 (April to August 2022) the following was recorded:

a) There was a total of three hundred and ninety-six (396) successful convictions relating to femicide counts and three hundred and sixteen (316) convictions relating to intimate partner femicide counts.

b) There were twenty-four (24) acquittals relating to femicide counts and twenty-one (21) acquittals pertaining to intimate partner femicide counts. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service”.

c) The information regarding cases withdrawn by the victim and /or victim’s family is not recorded by the NPA and cannot be supplied.

d) The number of cases awaiting trial can also not be supplied as it is not recorded.

e) The number of cases awaiting sentencing is not available as it is not recorded.

F) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

  1. Murder;
  2. Attempted murder;
  3. Assault with the intent to inflict grievous bodily harm; and
  4. Common assault as it is not recorded.

03 November 2022 - NW3778

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

What is the nature of support that his department is providing to the Legal Aid lawyers considering the volume of the work that they have to deal with?

Reply:

The following are some examples of the support offered by the Department of Justice and Constitutional Development (Department) to Legal Aid South Africa (SA):

1) Governance

The Department, through the Minister’s representative in the Legal Aid SA Board, is constantly kept abreast about Legal Aid SA affairs including its challenges occasioned by mandatory budget cuts, and timeously provide advice and support. In addition, I also avail myself whenever the Board of Legal Aid SA requests my intervention.

2. Service delivery

a) Court Operations

  1. Legal Aid SA is a key player in all the Justice Cluster Efficiency Enhancement Forums (National Efficiency Enhancement Committee, Provincial Efficiency Enhancement Committee, Regional Efficiency Enhancement Committee, and Lower Courts Efficiency Enhancement Committee).
  2. Legal Aid SA also partakes in the Department’s Court Rationalization Meetings.
  3. Legal Aid SA ‘s lack of adequate resources and lack of relief component is considered in the coordination of Court operations.

b) Special Projects Resources Funding

Where required, the Department provides Legal Aid SA with funding to undertake various special delivery programmes projects, such as Backlog Courts, Sexual Offences Courts and Commercial Crimes Court along with other stakeholders.

c) New Land Mandate

(i) The Department played a key role in the coordination of transfer of Land Rights function from Department of Agriculture to Legal Aid SA.

(ii) The Department ensured that the transfer of function is implemented in line with the Department of Public Service and Administration and National Treasury transfer of function frameworks.

3. Finance and budgeting

a) Supported Legal Aid SA in its submission to National Treasury pleading for exemption from budget reduction which has a direct impact on the case load

b) Coordinates meeting between Security Cluster departments/entities with National Treasury wherein departments budgets are presented and considered.

c) Availed funds to Legal Aid SA for Special Commercial Crimes Courts

d) Coordinated the transfer of R33m to from the Department of Agriculture to Legal Aid SA to fund the establishment of the Land Rights Management unit. If these funds were not secured, then Legal Aid SA would have had to use its funds to establish the Land Rights Management Unit.

e) Spearheaded the Land mandate Medium Term Expenditure Framework Budget negotiations with National Treasury to ensure that the new mandate is adequately funded.

f) I have met with the Minister of Finance to present Legal Aid SA case on request for funding.

03 November 2022 - NW3638

Profile picture: Breytenbach, Adv G

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

What qualifications, formal and/or otherwise, are required for appointment as an interpreter in the (a) lower and (b) high courts; (2) whether any assessment of interpreters’ work is carried out in real time court situations; if not, why not; if so, what are the relevant details; (3) what training is provided for interpreters who work in specialised courts?

Reply:

1. (a) Qualifications requirement for entry Level 5 Court Interpreters is Grade 12 (Matric) or an equivalent qualification at NQF Level 4, and good proficiency in the Indigenous Languages of the area in question.

Qualifications requirement for Senior Interpreters is a National Diploma in Legal Interpreting at NQF Level 5, and three (3) years’ practical experience in court interpreting or Matric/Grade 12 or an equivalent qualification at NQF Level 4 and ten (10) years’ practical experience in court interpreting. The good proficiency in the Indigenous languages of the area in question will also be a requirement.

Qualifications requirement for Principal Interpreters is a National Diploma in Legal Interpreting and five (5) years’ practical experience in court interpreting, Matric/Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement

Qualifications requirements for Cluster Manager Language Service, is a National

Diploma in Legal Interpreting at NQF Level 5 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory Level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

Qualifications requirements for a Provincial Manager Language Service, is a Bachelor`s Degree/National Diploma in Legal Interpreting at NQF Level 6 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

b) The Admission requirements into Court Interpreting in the High Courts is Grade 12 and a National Diploma in Legal Interpreting or equivalent relevant qualification, on NQF level 6. A minimum of three (3) years practical experience in Court Interpreting/ or Grade 12 and minimum ten (10) years’ practical experience in Court Interpreting.

2. Assessment of Court Interpreters is always carried out in a real time court by Language Service managers when Court is in session. There is a standardized assessment/evaluation tool that assesses skills such as listening, memory retention, pronunciation, knowledge of both the Source Language and the Target Language, and turn-around time in encoding and decoding the message conveyed, etc. The tool also assists in determining the skills gap, and also informs the required training interventions.

All court interpreters enter into a Performance Agreement on an annual basis and assessments are conducted with the respective supervisor’s mid-year and on an annual basis. In addition, the management of Court Interpreters (Principal Interpreter/Cluster Manager) conducts assessments in real time while the Interpreter is in court conducting interpretation.

3. Court Interpreters who are placed in Specialised Courts are currently being offered an In-House training by the Justice College on Expert Evidence. The Course content includes, but not limited to, Forensic Pathology, Cyber-crimes, Ballistics and Toxicology, and Advance Interpreting.

The Department is currently engaging Institutions of Higher Learning and the Judiciary to craft a specialised Training Curriculum for the Specialised Courts, to cover areas such as dealing with vulnerable groups, recently introduced pieces of legislation relating to commercial crimes and Human Trafficking and also understanding Court Procedures, Legal Concepts and their Interpretation.

Training needs are identified based on the requirements of the specific Specialised Court. Training has been provided in the area of Legal Interpreting and, Expert Evidence.

03 November 2022 - NW3727

Profile picture: Horn, Mr W

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

What (a) caused the collapse of a part of the roof of the Magistrate’s Court in Potchefstroom on 21 September 2022 and (b) steps has he found should have been taken to prevent the specified roof collapse from occurring?

Reply:

a) The Potchefstroom Magistrate Court was constructed in 1986. The office has been attending to minor repairs of the building through day to day maintenance, with the assistance from Department of Public Works and Infrastructure (DPWI). The court building experienced roof leakages over time due to cracked and damaged roof tiles. Part of the roof over the court rooms and the cash hall collapsed due to rotten roof trusses and damaged roof tiles.

b) The court is old and should have been maintained regularly to prevent it from dilapidating. The lack of timeous maintenance is what caused the roof to leak and the trusses to rot and eventually cave in.

DPWI registered a project for repairs and renovations for the whole court facility. The contractor was appointed and site handover date was 27 February 2020, over a period of 18 months. The contract amount was R23 million. The challenge to the roof was identified on the project scope and also discussed in project meetings. The delays to the project were caused by the Covid-19 national shut down, which also affected the construction industry; labour unrests and intimidation by local business forum. Following negotiations and the involvement of the Police Special Task Force Team, the contractor is now back on site effective August 2022. Due to the fact that the court facility is occupied, the project is being executed in phases. The contractor is currently on site and working on the cordoned part of the building, where staff members were moved to other floors and other offices within the building. The contractor had not yet commenced work on the portion where the roof has collapsed, as it is in the middle of the structure, which made it difficult for the contractor to program the works to start in the middle of the building.

03 November 2022 - NW3628

Profile picture: Breytenbach, Adv G

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

(a) What court services have been affected following the collapse of the roof at the Potchefstroom Magistrate’s Court on 19 September 2022, (b) how has service delivery been affected within the specified court building, (c) how is the roof collapse impacting litigants, (d) what actions has his department taken to alleviate the negative service delivery effects of the roof collapse and (e) has the collapsed roof resulted in an increase in the court backlog?

Reply:

a) I have been informed that court services relating to maintenance, estates, small claims, cash hall where payment processes are done, clerk of the civil courts and the courtrooms for three (3) District Courts and two (2) Regional Courts, were affected.

b) Criminal matters, Family Law matters, and Civil matters were affected as Court cases were postponed where necessary in the first two weeks thereafter alternative accommodation was arranged for court sittings and services to be further rendered to the public.

c) The impact is that litigants now have to travel to alternative accommodation to receive their services and that is mainly for the court sittings that are now temporarily sitting at the alternative accommodation.

d) A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

(i) Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.

(ii) The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.

(iii) The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.

(iv) All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.

(v) All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.

(vi) The Children’s Court matters are dealt with at the boardroom of the Head of Court.

(vii) The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.

(viii) The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.

(ix) Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.

(x) To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

e) Yes, the collapsed roof has resulted in an increase in court backlog. The NPA as well as the magistrates are prioritizing the matters on a weekly basis, in the alternative accommodation.

 

03 November 2022 - NW3505

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

With reference to the Quarter One SA Crime Statistics for the 202122 financial year, pertaining to crimes committed against children, what is the total number of (a) successful convictions, (b) cases dismissed and/or acquitted as a result of poor or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family, (d) cases awaiting trial, (e) cases awaiting sentencing and (f) cases still under investigation in each province for (i) murder, (ii) attempted murder, (iii) assault with the intent to inflict grievous bodily harm and (iv) common assault?

Reply:

The National Prosecuting Authority (NPA) prioritises all GBVF matters, more especially where the victims are women and children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim-centric manner. This is done by providing pretrial services at its sixty-one (61) Thuthuzela Care Centres across the country. These one-stop centres provide essential psycho-social, medical and legal services, thus creating a safe space for the GBV victim and empowering them to transform into survivors. Whilst prosecutors in court are prioritising these matters, record is not kept of all crimes committed against women and children since not all crime is committed solely due to the gender or age of the victim.

During the financial year 2021/22 (April to August 2022) the following was not recorded in respect of crimes against children:

a) The total of successful convictions.

b) The total number of dismissals or acquittals. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service (SAPS)”.

c) The information regarding cases withdrawn by the victim and /or victim’s family.

d) The number of cases awaiting trial.

e) The number of cases awaiting sentencing.

f) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

  1. Murder;
  2. Attempted murder;
  3. Assault with the intent to inflict grievous bodily harm; and
  4. Common assault as it is not recorded by the NPA but the SAPS.

03 November 2022 - NW3335

Profile picture: Breytenbach, Adv G

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

Whether he will furnish Adv G Breytenbach with a full list of all Traditional Courts that are currently recognised in the Republic; if not, why not; if so, on what date; (2) (a) where is each Traditional Court located and (b) who has presided over each specified court since 1 January 2018; (3) What are the details of the record-keeping processes in each court; (4) Whether the records are publicly accessible; if not, why

Reply:

I wish to inform the Honourable Member that the information requested at present, does not fall within the mandate and scope of the Department of Justice and Constitutional Development.

Currently, the information required in sub-questions (1) to (4) may be obtained from the Minister of Co-operative Governance and Traditional Affairs.

As the Honourable Member is aware the Traditional Courts Bill, was passed by Parliament and referred to the President for assent and signature into an Act of Parliament.

Until the Bill is passed into law, there is no specific legislation that required the Traditional Courts, for instance, to keep records as is now provided for in the Traditional Courts Bill.

However, the matter is relevant for preparation on the implementation of the Act once assented to and signed into an Act of Parliament.

The Department is in a process of conducting an audit of what needs to be in place for the Bill to be implemented, and will consult with the Department of Co-operative Governance and Traditional Affairs as well as with the nine (9) Provincial Heads of the Department of Justice and Constitutional Development.

03 November 2022 - NW2841

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

With reference to the Quarter One SA Crime Statistics for the 202122 financial year, pertaining to crimes committed against women, what is the total number of (a) successful convictions, (b) cases dismissed and/or acquitted as a result of poor or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family, (d) cases awaiting trial, (e) cases awaiting sentencing and (f) cases still under investigation in each province for (i) murder, (ii) attempted murder, (iii) assault with the intent to inflict grievous bodily harm and (iv) common assault?

Reply:

The National Prosecutor Authority (NPA) is particularly concerned where children and women are the victims of crime and deals with such cases as matters of priority. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is looking towards and assisting these victims in the Thuthuzela Care Centres (TCC’s) of South Africa. Sixty-one (61) TCC’s have already been established throughout the country. Safe spaces for such victims are created. These centres also provide improved services such as treatment and educational assistance to these victims. Prosecutors in court are attending to these matters as priority though it is difficult to keep record of all such cases especially when the crimes, as appears from the question above, are not committed solely due to the gender or age of the victim. The NPA is manually though recording data on both femicide as well as intimate femicide cases. Regarding crimes against women the NPA can supply the data on convictions and acquittals pertaining to femicide and intimate partner femicide only.

During the financial year 2021/22 (April to August 2022) the following was recorded:

a) There was a total of three hundred and ninety-six (396) successful convictions relating to femicide counts and three hundred and sixteen (316) convictions relating to intimate partner femicide counts.

b) There were twenty-four (24) acquittals relating to femicide counts and twenty-one (21) acquittals pertaining to intimate partner femicide counts. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service”.

c) The information regarding cases withdrawn by the victim and /or victim’s family is not recorded by the NPA and cannot be supplied.

d) The number of cases awaiting trial can also not be supplied as it is not recorded.

e) The number of cases awaiting sentencing is not available as it is not recorded.

f) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

  1. Murder;
  2. Attempted murder;
  3. Assault with the intent to inflict grievous bodily harm; and
  4. Common assault as it is not recorded.

28 October 2022 - NW3389

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

Whether his department has received any correspondence from attorneys in Potchefstroom regarding the inadequate maintenance of infrastructure at the Magistrate’s Court building in Potchefstroom; if so, what steps were taken by his department to address the specified challenges; (2) Whether he was informed of the collapse of the roof of the Magistrate’s Court building; if not, why not; if so, what (a) is the cost of the damage to the building and (b) steps have been taken to ensure that court proceedings continue to prevent a backlog of cases as a result; (3) Whether he will make a statement on the matter?

Reply:

1. Yes, the Department has received correspondence regarding maintenance of infrastructure at Potchefstroom Magistrate’s Court. On 27 February 2020, the Department of Public Works and Infrastructure (DPWI) handed over the site to the contractor in order to carry out planned maintenance to the entire building of the Magistrate’s Court but the project was disrupted due to COVID-19 lockdown regulations. However, as soon as the restrictions were lifted and the contractor came back on site, the local business forum intimidated the workers, and added to the delay. The contractor returned on site from 1 August 2022.

2. I have been informed about the collapse of the roof at the Potchefstroom Magistrate’s Court.

a) The DPWI provided a report, titled “Preliminary Investigation Report: Current Condition of the Roof Covering and Safety of the Building”, dated 21 September 2022. Thereafter, a full investigation report on the current condition of all wooden roof trusses will be provided. Once the survey is completed, the Department is expecting to receive the cost estimates of the damages from the DPWI.

b) A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

  1. Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.
  2. The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.
  3. The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.
  4. All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.
  5. All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.
  6. The Children’s Court matters are dealt with at the boardroom of the Head of Court.
  7. The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.
  8. The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.
  9. Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.
  10. To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

3. On 20 September 2022, the Department issued a media statement, titled: “Potchefstroom Magistrates’ Office temporarily evacuated after roof collapse”.

28 October 2022 - NW3398

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

Whether his department has received any correspondence from attorneys in Potchefstroom regarding the inadequate maintenance of infrastructure at the Magistrate’s Court building in Potchefstroom; if so, what steps were taken by his department to address the specified challenges; (2) Whether he was informed of the collapse of the roof of the Magistrate’s Court building; if not, why not; if so, what (a) is the cost of the damage to the building and (b) steps have been taken to ensure that court proceedings continue to prevent a backlog of cases as a result; (3) Whether he will make a statement on the matter?

Reply:

1. Yes, the Department has received correspondence regarding maintenance of infrastructure at Potchefstroom Magistrate’s Court. On 27 February 2020, the Department of Public Works and Infrastructure (DPWI) handed over the site to the contractor in order to carry out planned maintenance to the entire building of the Magistrate’s Court but the project was disrupted due to COVID-19 lockdown regulations. However, as soon as the restrictions were lifted and the contractor came back on site, the local business forum intimidated the workers, and added to the delay. The contractor returned on site from 1 August 2022.

2. I have been informed about the collapse of the roof at the Potchefstroom Magistrate’s Court.

a) The DPWI provided a report, titled “Preliminary Investigation Report: Current Condition of the Roof Covering and Safety of the Building”, dated 21 September 2022. Thereafter, a full investigation report on the current condition of all wooden roof trusses will be provided. Once the survey is completed, the Department is expecting to receive the cost estimates of the damages from the DPWI.

b)  A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

  1. Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.
  2. The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.
  3. The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.
  4. All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.
  5. All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.
  6. The Children’s Court matters are dealt with at the boardroom of the Head of Court.
  7. The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.
  8. The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.
  9. Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.
  10. To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

3. On 20 September 2022, the Department issued a media statement, titled: “Potchefstroom Magistrates’ Office temporarily evacuated after roof collapse”.

27 October 2022 - NW3035

Profile picture: Pambo, Mr V

Pambo, Mr V to ask the Minister of Justice and Correctional Services

What (a) total number of parolees in the period 1 January 2019 to date, (i) have not been found by departmental officials during routine visits and/or (ii) did not turn up at departmental offices as part of their parole conditions and (b) number of the total specified number of parolees (i) have been returned to finish their sentence and (ii) are still on the run, being sought to be returned?

Reply:

(a)(i) The total number of parolees that have not been found by departmental officials during routine visits are as follows:

Region

01 January 2019-31 March 2020

2020/2021 Financial year

2021/2022 Financial year

01 April 2022 to 31 August 2022

FS/NC

1 338

1 221

1 278

1 087

WC

4 1834

21 854

21 889

9 392

KZN

3 411

2 743

3 265

3 670

EC

1 301

1 029

1 320

829

LMN

1 02

405

525

72

GP

1 391

831

1 255

982

National

49 377

28 083

29 532

16 032

(a)(ii) The total number of parolees that did not turn up at departmental offices as part of their parole conditions are as follows:

Region

01 January 2019-31 March 2020

2020/2021 Financial year

2021/2022 Financial year

01 April 2022 to 31 August 2022

FS/NC

708

371

574

372

WC

4 368

1 949

2 352

864

KZN

1 077

976

1 922

1 747

EC

811

695

966

747

LMN

83

81

81

50

GP

241

158

344

299

National

7 288

4 230

6 239

3 279

(b)(i) The following are the number of parolees that have been returned to complete their sentence in correctional centres:

Region

01 January 2019 to 31 March 2020

2020/2021 Financial year

2021/2022 Financial year

01 April 2022 to 31 August 2022

FS/NC

606

453

443

259

WC

1471

636

771

389

KZN

410

151

320

236

EC

440

380

402

331

LMN

83

81

81

50

GP

666

197

296

236

National

3 676

1 898

2 313

1 501

(b)(ii) The following are the number of parolees still on the run and being sought to be returned to correctional Centres:

Region

01 January 2019 to 31 March 2020

2020/2021 Financial year

2021/2022 Financial year

01 April 2022 to 31 August 2022

FS/NC

377

259

296

161

WC

6163

6370

6449

6384

KZN

735

352

363

152

EC

1741

1710

1674

1615

LMN

1003

1001

894

797

GP

426

575

483

323

National

10 445

10 267

10 159

9 432

END

27 October 2022 - NW3400

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

Whether the National Prosecuting Authority has received any documents regarding the prosecution of a certain person (name furnished) in connection with an investigation into a diamond scheme in which investors invested approximately R100 million; if not, why not; if so, on what date is it envisaged that the case will be before the court; (2) Whether there is a delay in the court hearing on the matter; if not, what is the position in this regard; if so, what has he found is the reason for the delay; (3) Whether he will make a statement on the matter?

Reply:

  1. The National Prosecuting Authority (NPA) has confirmed that the matter is a project driven investigation by the Directorate for Priority Crime Investigation (DPCI) Northern Cape. The Organised Crime component within the Office of the Director of Public Prosecutions, Gauteng Division, Pretoria has been guiding the investigations.
  2. The investigation is at an advanced stage. An expert report is awaited. On conclusion of the investigation, the prosecutor will decide whether to institute a prosecution, and if so, on what charges.
  3. There is no need to release a statement on the matter.

27 October 2022 - NW3365

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Justice and Correctional Services

What is the total budget set aside by his department for physical therapy for prisoners living with disabilities?

Reply:

There is no budget set aside for physical therapy for inmates living with disabilities specifically, costs for physical therapy for inmates are accommodated under the budget for Health Care Services for inmates. The budget for health care services for inmates is one hundred and eleven million, six hundred and twenty-nine thousand and two hundred (R111 629 200.00).

END

27 October 2022 - NW2655

Profile picture: Weber, Ms AMM

Weber, Ms AMM to ask the Minister of Justice and Correctional Services

Whether, with regard to the Government’s commitment to gender sensitivity, his department included gender sensitivity into their policies and budget; if not, why not; if so, (a) how does his department (i) implement and (ii) monitor its gender sensitivity policy and/or programmes and (b) what total number of (i) legal practitioners, (ii) magistrates and (iii) maintenance officers are fully trained and knowledgeable on the Maintenance Act, Act 99 of 1998?

Reply:

a) (i) and (ii) Yes, the Department has included gender sensitivity into its policies and budget. Further, the Department has developed Gender Indicators/Analysis Tools for Finance, HR, Supply Chain Management and the generic one for other Branches that assist them in the implementation and monitoring of the gender sensitivity policies and /or programmes. These Gender Indicators are used as guiding tools by different Branches within the Department on how to include gender sensitivity into their policies and/or programmes. Furthermore, the Gender Directorate monitors the implementation of the policies and programmes of the Department.

b) (i) The application of the Maintenance Act is covered in terms of training on Marriage

and Divorce for all PVT candidates, both the PVT Schools and those in PVT contracts.

For the past four (4) years, the numbers are tabulated below:

2022 (to date)

4 010

2021

4 303

2020

4 014

2019

4 335

 

Additionally, for practitioners, this is also covered in the training of Marriage, Divorce and Child Law seminars, which is discretionary.

2022 [As at July 2022]

130

2021

272

2020

135

2019

168

(iii) Maintenance officers are fully trained and knowledgeable on the Maintenance

Act, Act 99 of 1998?

The Department do make provisioning to fund training programmes that address various sets of skills. These sets of skills encompass core competencies, scarce & critical skills and/or transversal skills.

Maintenance Officers falls within core competencies, scarce & critical skills of the Department. The table below illustrate the total number of Maintenance Officer trained per programme:

Name of the Programme

Number of Maintenance Officers

Period

a) Training on the Maintenance Act 99 of 1998

3 African Females, 3 African Males, 1 Coloured Female, and 2 Coloured Males.

Total: Nine (9)

1 April to August 2022

b) Records Management

1 African Male.

Total: One (1)

 

c) TransUnion

1 African Female, 3 African Males, and 2 Coloured Females.

Total: Six (6)

 

d) Departmental Induction

1 African Male and 1 Coloured Female.

Total: Two (2)

 

e) Anti-Corruption and fraud

1 African Female.

Total: One (1)

 

f) Sexual harassment policy and procedure

1 African Male and 1 Coloured Female.

Total: Two (2)

1 April to August 2022

g) Ethics in the workplace

1 African Male and 1 Coloured Female.

Total: Two (2)

 

h) Labour Relations

1 African Male

Total: One (1)

 

i) Grievance and disciplinary procedure

2 African Male

Total: Two (2)

 

j) Employee Assistance Programme

3 African Females, and 4 African Males.

Total: Seven (7)

 

k) Service Excellence

1 African Female and 1 African Male

Total: Two (2)

 

l) Maintenance Clerks and Officers Training

6 African Females, 4 African Males, 9 Coloured Females, and 4 Coloured Males.

Total: Twenty-three (23)

 

m) Domestic Violence Act Workshop

1 Coloured Female

Total: 1 (One)

 

n) ICMS Domestic Violence

1 African Female

Total: One (1)

 

o) ICMS Maintenance

1 African Female

Total: One (1)

 

p) Crafting of Performance Agreement

1 African Male

Total: One (1)

 

GRAND TOTAL

Sixty One (61)

 

On annual basis, the Department develops the Workplace Skills Plan (WSP), and the training for Departmental officials are implemented and/or coordinated throughout the specified financial year in line with the WSP. Furthermore, the annual training report is compiled to verify the implemented training against the WSP.

27 October 2022 - NW2889

Profile picture: Herron, Mr BN

Herron, Mr BN to ask the Minister of Justice and Correctional Services

Whether the National Prosecuting Authority (NPA) has concluded its assessment of the Truth and Reconciliation Commission (TRC) cases; if not, by what date is it envisaged that the NPA will take a decision on the remaining cases; if so, what are the reasons that the remaining cases were not referred for investigation and/or prosecution; (2) Which TRC cases have already been referred to the Directorate for Priority Crime Investigation?

Reply:

1. I have been informed that the National Prosecuting Authority (NPA) has not yet concluded its re-assessment of the Truth and Reconciliation Commission (TRC) cases. It is not possible to stipulate a specific date as it is an ongoing process. However, efforts are made to ensure that the matters are referred as speedily as possible.

2. The hundred and twenty-nine (129) investigations referred to the Directorate for Priority Crime Investigations (DPCI) are as follows:

a) Prior to September 2021, a total of 59 TRC cases were under investigation by DPCI. These were overseen by Priority Crimes Litigation Unit (PCLU) until the matters were migrated to the respective provinces in April 2019.

b) A further 55 cases were identified for re-opening by the PCLU. These pertain to the deaths in detention, where detainees who were detained for contravention of security legislation or died under circumstances which necessitated further investigation. Some investigations also pertain to deaths where the deceased died in alleged confrontations with the police.

Division

Number of Matters under Investigation

1. Western Cape

9

2. Free State

2

3. Mthatha

10

4. Eastern Cape

13

5. North West

5

6. Kwazulu-Natal

29

7. Mpumalanga

4

8. Northern Cape

3

9. Johannesburg

25

10. Pretoria

11

11. Limpopo

10

We are in possession of a list of matters under investigation. However, it must be emphasized that this information is confidential, and the risk in the release of this information is that it might compromise further investigations. This creates challenges for investigators and prosecutors alike, once suspects/witnesses/persons of interest are made aware of matters under investigation.

On 20 June 2022, the National Director of Public Prosecutions directed, through an internal memorandum which was circulated to all the divisions, that in all TRC matters that are under investigation, dedicated prosecutors must ensure that contact with the families is made. It was also emphasised that families must be updated regularly on the progress made in their matters. It was also directed that a name list of all families together with their contact numbers be obtained. This name list was also forwarded to the office of the Deputy National Director of Public Prosecutions. Prosecutors were encouraged to engage actively with families to ensure that a more victim-centred approach is followed.

END

21 October 2022 - NW2494

Profile picture: Breytenbach, Adv G

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

Whether the National Prosecuting Authority is conducting investigations into any matters related to the theft of an estimated $4 million from the Phala Phala game farm of the President of the Republic, Mr M C Ramaphosa; if so, what (a) are the relevant details and (b) is the current status of each investigation?

Reply:

The National Prosecuting Authority is not conducting criminal investigations on the allegations of theft of an estimated $4 million at the Phala Phala game farm. Such investigations are conducted by the Directorate for Priority Crime Investigations (DPCI).

The Office of the relevant Director of Public Prosecutions will commence assessing the evidence once the case docket is formally handed over by the DPCI.

19 October 2022 - NW2654

Profile picture: Weber, Ms AMM

Weber, Ms AMM to ask the Minister of Justice and Correctional Services

Whether his department has a budget allocation for training on maintenance matters; if not, why not; if so, (a) what is the curriculum used for the training and (b) how often does the training take place; 2) Whether the budget is influenced by the use of data; if not, how is the budget allocated; if so, what method does his department use to obtain the data?

Reply:

1. The Department has a budget for training.

a) The following topics are covered on the beginners course for Maintenance Investigators and Officers:

  1. Maintenance Act No. 99 of 1998;
  2. Maintenance Regulations;
  3. Prescribed Forms;
  4. Discussion of other applicable legislation and case law;
  5. Formal and informal enquiries Conflict; and
  6. Listening and Communication Skills.

The following topics are covered on the advanced course for Maintenance Investigators and Officers:

  1. Maintenance Act No. 99 of 1998;
  2. Social Context;
  3. Investigation of Maintenance Complaints;
  4. Receiving and Evaluating Evidence;
  5. Jurisdiction;
  6. Regulations and Forms;
  7. Mediation; and
  8. Listening and Communication Skills.

b) The training interventions are conducted on a quarterly basis.

2. (i) The budget is influence by the Training Need Analysis’ input from the Workplace

Skills Plan (WSP) from Human Resource Development (HRD).

(ii) The base-line budget allocation to Justice College for training on all the courses offered by the Justice College. The College distributes the budget allocated per Directorate based on the WSP/Training Need Analysis from HRD. Regional/Provincial Offices indicate their training needs on a particular course, after the publication of the prospectus, on the courses offered in that particular financial year. Regional/Provincial Offices also indicate additional training needs during the year especially with newly appointed officials that need training interventions post the completion of the WSP by HRD.

(iii) Data collection is through an Attendance Register, and the Annual Training Report by HRD that indicates how many delegates were trained per training intervention.

19 October 2022 - NW2484

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services

What number of cases of rape have been heard in courts in the (a) 2017-18, (b) 2018-19, (c) 2019-20, (d) 2020-21 and (e) 2021-22 financial years. 2) What number of cases of rape have (a) been prosecuted successfully and (b) failed to secure a guilty verdict in each of the specified financial years; 3) What (a) has he found were the different reasons why cases could not be prosecuted successfully and (b) total number of cases failed to reach a successful prosecution due to each of the specified reasons; 4) Whether he will make a statement on the matter?

Reply:

1. The only courts that have jurisdiction to hear rape cases are the Regional and High courts. The following number of verdict cases related to rape were heard in the Regional courts, and were extracted from the Electronic Case Management System in the Lower courts:

YEAR

VERDICTS

2018/19

4 215

2019/20

3 984

2020/21

617

2021/22

2 789

2. The following table reflects the number of cases finalised in the past five (5) years, both with convictions as well as acquittals in the Regional courts:

YEAR

CONVICTIONS

ACQUITTALS

CONVICTION RATE

2018/19

2 820

1 395

67%

2019/20

2 684

1 300

67%

2020/21

435

182

71%

2021/22

1 821

968

65%

Although no electronic system for the recording of court cases have been introduced for the High courts, the general conviction rates of the High courts, which include the charges of rape, is reflected in the table below:

YEAR

CONVICTIONS

ACQUITTALS

CONVICTION RATE

2018/19

868

97

90%

2019/20

782

78

91%

2020/21

542

36

94%

2021/22

647

65

91%

3. (a) The reasons for acquittals are not recorded in each case. The prosecution will

present its case and lead evidence regarding the charges as contained in the police docket. The evidence of witnesses will then be tested during cross-examination in court by the defence. The presiding officer, after also hearing the evidence by the accused and/or defence when they have witnesses, will then make a judgement in the case. The burden of proof is beyond a reasonable doubt in criminal cases. It is important to note in this regard that the judgement of the court is based on all the evidence in court, considering as well circumstantial evidence, evidentiary rules and reliability of the evidence. There is seldom only one reason for either any acquittal or conviction as the court needs to weigh all the evidence before a conclusion may be reached. Some of the more common reasons that are included where convictions are not achieved include:

  1. Consent – it is often difficult to disprove consent where the rape has not resulted in any injuries or where circumstances may not support an inference to be drawn from the facts of the case;
  2. Identity – where the accused was not previously known to the victim, the identity may often be difficult to prove, especially in the absence of DNA or other evidence to support the identification of the accused. Unlike theft where articles may be found in possession of an accused to link them to an offence, there is seldom physical evidence to link the accused and the court has to e satisfied that the way identification took place, the method and circumstances in which the identification was made and reasons for identification are reliable and is trustworthy.
  3. Witness(es) in some cases either detract from their statements, deviate from consultation, or make concessions during cross-examination.
  4. Credibility findings are very important as in most instances with rape charges, the victim is the only witness that can testify on behalf of the State regarding the elements of the crime to be proved which include the identity, absence of consent, the place, and circumstances in which the crime was performed and the first reporting of the incident.
  5. Less common reasons include key witnesses not being available for testimony, contradictions in evidence by State witnesses and alibi evidence of accused that cannot be disproved.
  6. The complainant changes his or her version exonerating the accused.
  7. Forensic evidence exonerates the accused.
  8. Other evidence exonerates the accused.
  9. Complainant not in a fit mental state due to the trauma she/he endured.

b) The numbers of acquittals have been reflected above. However, as indicated in paragraph 3 (a) above, it is not possible to record each reason in isolation, it is important to note that even where the court may not be satisfied that the evidence is insufficient to prove the commission of an offence of rape, the court may still convict and often does, convict the accused on a competent verdict such as indecent assault, assault to do grievous bodily harm or assault common.

4. The State is aware of the difficulties in proving cases of rape, as well as similar sexual offence charges, including general Gender Based Violence and Femicide (GBVF) related offences. The National Prosecuting Authority as well as the Department of Justice and Constitutional Development, in cooperation with other Government departments are doing a lot of work in this regard. One of the most important initiatives in this regard is the establishment of the various Thuthuzela Care Centres (TCCs) in the country where victims are being assisted, evidential support is provided including counselling for victims and matters can be reported. The prosecution is also assisting victims at court by means of Court Preparation Officers to prepare witnesses for court and facilitate victim impact statements in sexual offences matters.

It is also important to note that rape is one of the most difficult offences to prove beyond reasonable doubt, the crime has been committed by the specific accused. The conviction rate in general sexual offences, all crimes in terms of the Sexual Offences Act, Act No. 32 of 2007, is remarkably higher as indicated in the table below:

YEAR

CONVICTIONS

CONVICTION RATE

2018/19

4 724

74.4%

2019/20

4 098

75.2%

2020/21

2 539

75.8%

2021/22

3 402

74.2%