Questions and Replies

03 September 2018 - NW2239

Profile picture: Kohler-Barnard, Ms D

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

Why was CAS 115/08/2015 that was opened at the Port Shepstone Police Station closed by the National Prosecuting Authority?

Reply:

The National Prosecuting Authority has informed me that the case opened at the Port Shepstone Police Station with case no. CAS 115/08/2015 has not been closed. The matter is still under investigation. The delay in finalising the investigation is due to the outstanding DNA results.

Additionally, the DNA samples had to be submitted because no DNA test was initially conducted on the deceased using a sample taken from the deceased’s son for comparison.

 

 

03 September 2018 - NW2313

Profile picture: Mulaudzi, Mr TE

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

(a) What number of labour disputes are currently being faced by (i) his department and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by his department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?

Reply:

1. (a) As at July 2018, the Department of Justice and Constitutional Development (DoJ&CD) is dealing with 345 disputes that are currently at different stages, i.e. 276 Conciliation and Arbitration and 69 Labour Court Disputes. Table 1 provides details of Conciliation and Arbitration Disputes, and Table 2 provides details of Labour Court Disputes.

TABLE 1: Conciliation and Arbitration Disputes

  1. Causes of Disputes
  1. Nature of Disputes
  1. (i) Date Reported
  1. (ii) Date Finalised
  1. Fraud

Unfair Dismissal

2015/05/05

Not Applicable

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/02/24

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/02/20

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/10

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/30

2018/04/23

  1. Employment Benefits

Unfair Labour Practice

2017/12/05

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/12/06

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/12/18

Not Finalised

  1. Discrimination - Employment Equity Act

Unfair Labour Practice

2018/01/19

2018/05/30

  1. Performance Management System

Unfair Labour Practice

2018/01/25

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Fraud

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/06/01

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/10

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/09

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/03

Not Finalised

  1. Theft

Unfair Dismissal

2016/03/07

Not Finalised

  1. Shortlisting

Interpretation & Application

2017/03/06

Not Finalised

  1. Sexual Harassment

Interpretation & Application

2017/10/20

Not Finalised

  1. Grade Progression

Interpretation & Application

2017/10/24

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/22

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/04/03

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/06

Not Finalised

  1. Unfair Treatment

Interpretation & Application

2018/04/13

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/13

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/06/15

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/18

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/21

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/06/22

2018/07/26

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Labour Practice

2016/04/29

Not Finalised

  1. Theft

Unfair Dismissal

2017/01/25

2018/07/01

  1. Terms Of Employment

Unfair Dismissal

2017/06/30

Not Finalised

  1. Leave – Unauthorised

Unfair Labour Practice

2017/10/03

Not Finalised

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Performance Management System

Unfair Labour Practice

2018/02/01

2018/04/04

  1. Promotion

Unfair Labour Practice

2018/04/30

Not Finalised

  1. Victimisation

Unfair Discrimination

2018/07/18

Not Finalised

  1. Fraud

Unfair Dismissal

2015/02/24

2017/04/12

  1. Performance Management System

Unfair Labour Practice

2017/03/09

2018/07/31

  1. Performance Management System

Unfair Labour Practice

2017/03/14

Not Applicable

  1. Fraud

Unfair Dismissal

2017/08/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/08/23

Not Applicable

  1. Corruption

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/04/12

Not Applicable

  1. Abscondment

Unfair Labour Practice

2018/06/28

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/10/27

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/11/03

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/11/17

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/04/26

2018/05/29

  1. Fraud

Unfair Dismissal

2016/10/07

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/03

Not Applicable

  1. Leave – Unauthorised

Unfair Labour Practice

2017/09/11

Not Applicable

  1. Leave – Unauthorised

Interpretation & Application

2017/12/06

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/02

2018/04/30

  1. Promotion

Unfair Labour Practice

2018/01/22

Not Applicable

  1. Theft

Unfair Dismissal

2018/02/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/04/03

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/05/04

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2017/11/20

Not Applicable

  1. Application For Transfer

Unfair Discrimination

2018/06/01

2018/06/13

  1. Collective Agreement - Implementation

Interpretation & Application

2018/06/04

2018/07/30

  1. Bribery

Unfair Dismissal

2018/06/18

Not Applicable

  1. Theft

Unfair Dismissal

2018/06/18

Not Applicable

  1. Pay Progression

Unfair Labour Practice

2018/07/02

Not Applicable

  1. Theft

Unfair Dismissal

2014/07/01

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2016/02/22

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2015/11/28

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2015/06/01

Not Applicable

  1. Theft

Unfair Dismissal

2016/01/11

Not Applicable

  1. Theft

Unfair Dismissal

2016/10/03

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2017/03/20

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/24

Not Applicable

  1. Fraud

Unfair Dismissal

2017/03/10

Not Applicable

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2017/04/10

2018/05/09

  1. Performance

Management System

Unfair Labour Practice

2017/09/20

2018/04/10

  1. Performance

Management System

Unfair Labour Practice

2017/10/16

2018/06/12

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2018/02/26

Not Applicable

  1. Theft

Unfair Dismissal

2018/01/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/01/22

2018/04/11

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2018/01/23

Not Applicable

  1. Theft

Unfair Dismissal

2017/12/22

2018/04/05

  1. Demotion

Unfair Labour Practice

2017/12/15

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/02/19

2018/05/25

  1. Dereliction Of Duties

Unfair Dismissal

2018/02/21

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/03/08

2018/05/25

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/21

Not Applicable

  1. Staff Rotation

Unfair Labour Practice

2018/03/27

2018/06/28

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/15

Not Applicable

  1. Leave – Unauthorised

Unfair Dismissal

2018/05/09

2018/06/18

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Constructive Dismissal

Unfair Dismissal

2018/06/16

2018/07/24

  1. Access To Information

Unfair Discrimination

2018/06/28

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/07/04

Not Applicable

  1. Dismissed For Being Imprisoned

Unfair Dismissal

2018/06/13

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/07/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2015/09/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2014/10/10

Not Applicable

  1. Unilateral Change of

Employment Terms

and Conditions

Unfair Labour Practice

2014/01/22

2018/05/16

  1. Salary Issues

Unfair Labour Practice

2014/02/20

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2013/09/21

2018/04/02

  1. Constructive Dismissal

Unfair Labour Practice

2014/02/18

2018/04/02

  1. Performance

Management System

Unfair Discrimination

2014/09/25

2018/04/02

  1. Salary Upgrade

Unfair Dismissal

2014/08/09

Not Applicable

  1. Promotion

Unfair Dismissal

2016/03/19

Not Applicable

  1. Fraud

Unfair Labour Practice

2014/06/20

2018/05/11

  1. Fraud

Unfair Labour Practice

2012/12/10

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2015/07/30

2018/04/02

  1. Whistle Blowing

Unfair Dismissal

2012/06/24

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2015/06/07

2018/04/02

  1. Salary Upgrade

Interpretation & Application

2014/07/16

Not Applicable

  1. Salary Issues

Unfair Labour Practice

2013/04/21

Not Applicable

  1. Fraud

Interpretation & Application

2015/10/29

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2016/07/15

2018/05/11

  1. Occupation Specific Dispensation Implementation

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Dismissal

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Fraud

Unfair Labour Practice

2016/08/29

2018/04/02

  1. Salary Issues

Unfair Labour Practice

2016/09/15

2018/04/02

  1. Promotion

Unfair Labour Practice

2016/09/08

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/11/08

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2016/11/16

2018/04/02

  1. Temporary Incapacity Leave

Unfair Labour Practice

2016/11/25

Not Applicable

  1. Collective Bargaining

Unfair Labour Practice

2017/01/05

2018/04/02

  1. Severance Package

Unfair Dismissal

2017/02/03

2018/05/02

  1. Performance

Management System

Unfair Labour Practice

2017/03/27

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/04/18

Not Applicable

  1. Degrading Of Post

Unfair Labour Practice

2017/04/21

2018/05/04

  1. Salary Issues

Unfair Labour Practice

2017/06/05

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Contract Employment

– Non Renewal

Unfair Labour Practice

2017/06/08

2018/06/14

  1. Unilateral Change Of

Employment Terms

and Conditions

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/07/25

2018/05/16

  1. Performance

Management System

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Contract Employment

– Termination

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/09/04

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2017/09/18

Not Applicable

  1. Contract Employment –

Termination

Unfair Labour Practice

2017/09/20

Not Applicable

  1. Unfair Suspension

Interpretation & Application

2017/10/03

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2017/10/06

2018/04/02

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Performance

Management System

Unfair Dismissal

2017/11/01

2018/07/24

  1. Salary Upgrade

Unfair Dismissal

2017/11/01

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/11/01

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/11/08

2018/05/22

  1. Performance

Management System

Interpretation & Application

2017/10/18

2018/05/11

  1. Degrading of Post

Interpretation & Application

2017/10/23

2018/07/11

  1. Degrading of Post

Interpretation & Application

2017/11/30

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2017/11/30

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/12/08

2018/05/11

  1. Fraud

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Training Opportunities

for Court Interpreters

Interpretation & Application

2017/12/15

2018/06/25

  1. Performance

Management System

Interpretation & Application

2017/12/15

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/04/03

2018/05/11

  1. Disciplinary Action –

Unfair

Unfair Discrimination

2018/04/03

2018/05/10

  1. Salary Issues

Unfair Labour Practice

2018/05/04

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/05/11

2018/05/11

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Occupation Specific

Dispensation

Implementation

Unfair Dismissal

2018/05/11

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2018/05/11

Not Applicable

  1. Training Opportunities

For Court Interpreters

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Performance

Management System

Interpretation & Application

2018/05/11

2018/07/18

  1. Temporary Incapacity

Leave

Unfair Dismissal

2018/05/11

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/11

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2018/05/15

Not Applicable

  1. Performance

Management System

Interpretation & Application

2018/05/18

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/29

Not Applicable

  1. Disciplinary Action –

Procedure

Unfair Labour Practice

2018/06/05

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/06/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Interpretation & Application

2018/07/04

Not Applicable

  1. Promotion

Unfair Dismissal

2018/07/10

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/07/20

Not Applicable

  1. Promotion

Interpretation & Application

2018/07/25

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2018/07/26

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/07/26

2018/07/27

  1. Reporting Lines

Unfair Dismissal

2016/12/08

2018/05/03

  1. Poor Performance

Unfair Dismissal

2017/06/12

Not Applicable

  1. Dishonesty

Unfair Dismissal

2017/09/08

Not Applicable

  1. Contract Employment –

Termination

Unfair Dismissal

2018/02/28

Not Applicable

  1. Unfair Labour Practice

Unfair Labour Practice

2018/01/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/12

2016/09/02

  1. Contract Employment –

Termination

Unfair Dismissal

18/10/2015

2017/12/19

  1. Salary Issues

Unfair Labour Practice

15/10/2015

2016/07/28

  1. Fraud

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Salary Issues

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Discrimination

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Application For Transfer

Unfair Labour Practice

2014/12/13

2015/03/20

  1. Unfair Suspension

Unfair Labour Practice

2013/03/31

2017/03/31

  1. Promotion

Unfair Dismissal

2014/04/13

2015/08/21

  1. Corruption

Unfair Dismissal

2015/06/11

2017/07/11

  1. Unfair Suspension

Unfair Labour Practice

2013/11/03

15/07/2017

  1. Corruption

Unfair Dismissal

2015/03/12

2016/03/31

  1. Theft

Unfair Dismissal

2016/02/01

2016/08/31

  1. Unfair Suspension

Unfair Labour Practice

2018/03/12

2018/06/15

  1. Salary Upgrade

Unfair Labour Practice

2013/06/03

2013/12/11

  1. Salary Upgrade

Unfair Labour Practice

2014/07/12

2015/04/18

  1. Salary Upgrade

Unfair Labour Practice

2015/08/14

2015/11/12

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Corruption

Unfair Dismissal

2013/05/16

2015/09/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Fraud

Unfair Dismissal

2014/06/01

2014/09/24

  1. Salary Upgrade

Unfair Dismissal

2015/06/08

2018/10/15

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2015/05/04

2015/11/15

  1. Leave – Unauthorised

Unfair Labour Practice

2013/03/11

2013/09/14

  1. Discrimination

Unfair Dismissal

2013/06/13

2013/11/28

  1. Dishonesty

Unfair Dismissal

2016/07/31

2018/08/21

  1. Disclosure Of

Information

Unfair Labour Practice

2016/03/16

2016/06/21

  1. Salary Upgrade

Unfair Labour Practice

2017/09/17

2017/12/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2012/11/12

2013/02/11

  1. Harassment

Unfair Labour Practice

2013/12/11

2016/02/17

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2017/10/15

2017/11/21

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/12/04

2018/03/31

  1. Housing Allowance

Unfair Dismissal

2015/07/12

2017/07/15

  1. Negligence

Unfair Dismissal

2016/03/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/06/18

Not Applicable

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/05/06

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/08/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/07/11

Not Applicable

  1. Fraud

Unfair Dismissal

2016/08/02

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2012/09/01

Not Applicable

  1. Fraud

Unfair Dismissal

2014/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2018/04/16

Not Applicable

  1. Constructive Dismissal

Unfair Labour Practice

2016/11/07

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2018/06/08

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2015/08/16

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2018/05/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/07/11

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2016/10/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/07

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2017/09/12

Not Applicable

  1. Negligence

Unfair Dismissal

2017/10/03

Not Applicable

  1. Assault

Unfair Dismissal

2014/04/18

Not Applicable

  1. Corruption

Unfair Dismissal

2018/03/08

Not Applicable

TABLE 2: Labour Court Disputes

Nature Of Dispute

Causes Of Dispute

Date Reported

Date Finalised

  1. Unfair Dismissal

Theft

2013/03/13

Not Finalised

  1. Unfair Dismissal

Promotion

2012/08/30

Not Finalised

  1. Unfair Dismissal

Theft

2015/04/01

Not Finalised

  1. Unfair Dismissal

Theft

2015/11/04

Not Finalised

  1. Unfair Dismissal

Theft

2015/06/01

Not Finalised

  1. Unfair Dismissal

Theft

2013/10/14

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2010/02/07

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2010/10/20

//

  1. Unfair Dismissal

Leave – Unauthorised

2012/05/22

//

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2012/07/16

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2012/06/18

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/07/19

2018/04/02

  1. Unfair Dismissal

Fraud

2012/06/05

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/06/05

2018/04/02

  1. Unfair Dismissal

Contract Employment – Non Renewal

2012/12/21

2018/04/02

  1. Unfair Labour Practice

Abscondment

2013/05/23

2018/04/02

  1. Unfair Labour Practice

Salary Issues

2014/07/04

Not Finalised

  1. Unfair Labour Practice

Salary Issues

2014/11/18

2018/04/02

  1. Unfair Labour Practice

Unfair Suspension

2014/06/19

2018/04/02

  1. Unfair Labour Practice

Leave – Unauthorised

2014/06/11

Not Finalised

  1. Interpretation & Application

Salary Upgrade

2015/01/24

2018/04/02

  1. Unfair Labour Practice

Disciplinary Action – Unfair

2015/03/15

2018/04/02

  1. Unfair Labour Practice

Promotion

2013/06/24

2018/04/02

  1. Unfair Dismissal

Violation Of Procurement Procedures

2016/05/17

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/07/06

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2015/07/10

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/08/12

Not Finalised

  1. Unfair Dismissal

Poor Performance

2017/01/18

Not Finalised

  1. Unfair Dismissal

Contract Employment – Termination

2017/01/25

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/01/25

2018/04/02

  1. Unfair Labour Practice

Unfair Conduct By Employer

2017/04/25

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/25

Not Finalised

  1. Unfair Dismissal

Fraud

2017/06/05

Not Finalised

  1. Interpretation & Application

Contract Employment – Non Renewal

2017/07/25

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/08/24

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/08/24

2018/04/02

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/09/04

Not Finalised

  1. Unfair Dismissal

Fraud

2017/10/06

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2018/04/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Dismissal

Abscondment

2013/03/13

Not Finalised

  1. Unfair Dismissal

Corruption

2012/08/30

Not Finalised

  1. Unfair Dismissal

Abscondment

2015/04/01

Not Finalised

  1. Unfair Dismissal

Corruption

2015/11/04

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2015/06/01

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2017/10/31

Not Finalised

  1. Unfair Dismissal

Theft

2018/03/31

2018/03/31

  1. Unfair Dismissal

Abscondment

2017/12/07

Not Finalised

  1. Unfair Dismissal

Abscondment

2017/10/06

2018/06/20

  1. Unfair Dismissal

Abscondment

2016/02/17

Not Finalised

  1. Unfair Dismissal

Negligence

2017/07/31

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/03/31

2018/06/18

  1. Unfair Dismissal

Theft

2016/02/04

2017/12/12

  1. Unfair Dismissal

Theft

2016/07/31

Not Finalised

  1. Unfair Dismissal

Corruption

2014/12/08

2018/04/02

  1. Unfair Dismissal

Theft

2014/08/31

2018/04/02

  1. Unfair Dismissal

Fraud

2016/03/15

2016/12/15

  1. Unfair Dismissal

Nepotism

2015/07/16

2017/10/15

  1. Unfair Labour Practice

Sexual Harassment

2017/07/31

2015/10/25

  1. Unfair Dismissal

Abscondment

2015/06/16

2016/10/20

  1. Unfair Labour Practice

Promotion

2015/08/13

2018/05/15

  1. Unfair Dismissal

Promotion

2014/08/14

2014/09/15

  1. Unfair Dismissal

Contract Employment – Non Renewal

2013/05/19

2015/12/04

  1. The following entities has informed me as follows:
  2. Special Investigating Unit:

The SIU has received one (1) dispute which was lodged by their recognised trade union NEHAWU on 9 November 2017 in line with the recognition agreement. The dispute relates to section 16.11 of the recognition agreement which reads, “Notwithstanding anything to the contrary in this agreement, the Parties agree that annual negotiations for salary increases will not be part of any negotiations betwenn the SIU and the Union and will not form part of the negotiations at the national bargaining forum or Negotiating Committee, as the Parties agree that the SIU will annualy motivate to and request permission from the Minister of Justice and Constitutional Development, in consultation with the Minister of Finance, as envisaged in section 3(5) of the SIU Act, for the SIU to implement the same resolution on annual salary negotiations, as reached in the Public Service Co-ordinating Bargaining Council (“PSCBC”) in respect of the public service: Provided that the parties agree that the provisions of clause 16.11,

  • 16.11.1 may be renegotiated and reviewed at the request of either Party on an annual basis; or
  • 16.11.2 may be renegotiated as part of the negotiations on the constitution for the national bargaining forum.”

NEHAWU demands that this clause be removed and the SIU must negotiate salaries and other conditions of employment directly with them. To date, the SIU had two meetings to try and resolve this dispute but it remains unresolved. The SIU has one (1) more meeting to go and should the dispute remain unresolved, NEHAWU may refer the dispute to the CCMA. The date for the last meeting has not yet been scheduled.

  1. Legal Aid South Africa
  2. (a) (ii) The Legal Aid SA is currently facing nine (9) labour disputes.

(b) The causes of the disputes are as follows:

  1. Three (3) disputes: Misconduct including absence without leave, gross insubordination, gross insolence and conduct prejudicial to the organisation;
  2. Two (2) disuptes relate to pension matters including retirement age and pension fund contributions;
  3. One (1) dispute is due to poor work performance;
  4. One (1) dispute relates to the preservation of the Group Life Scheme benefit despite budget cuts;
  5. One (1) dispute is caused by the termination of the voluntary services of a volunteer; snf
  6. One (1) dispute is caused by a non-appointment by operation of law decision.

(c) The nature of the disputes are outlined below:

  1. Unfair Dismissal (5);
  2. Unfair Labour Practice (2);
  3. Breach of Contract (1); and
  4. Non-Appointment by Operation of Law (1)

(d) (i) The dates on which each dispute was reported are as follows :

  1. 25 March 2014: Unfair dismissal – Misconduct;
  2. 07 April 2014: Non Appointment by Operation of Law;
  3. 16 May 2014: Unfair dismissal – Misconduct;
  4. 19 May 2014: Unfair dismissal – Poor Performance;
  5. 02 June 2015: Unfair dismissal – Misconduct;
  6. 15 December 2016: Breach of Contract- Retirement Age;
  7. 30 May 2017: Unfair dismissal – Voluntary Services;
  8. 17 July 2018: Unfair labour practice – preservation of group life benefits; and
  9. 30 August 2017: Unfair labour practice – pension fund contributions.

(ii) Seven(7) of the disputes remain unresolved due to either labour court

review or appeal whilest two (2) remain unresolved pending arbitration by the CCMA.

  1. National Prosecuting Authority

Currently, the NPA’s report reflects 48 Conciliation and Arbitration and 12 Labour Court Disputes, and it excludes matters prior to August 2018 that were finalised.

Table A: Conciliation and Arbitration Disputes

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Unfair labour practice - Benefits

Performance Bonus

04/12/2014

The matter was postponed. Awaiting a new date of arbitration.

Unfair Dismissal

Dismissal - misconduct

08/07/2007

No award received from BC. The matter has to be set down for reconstruction.

Unfair dismissal

Dismissal - misconduct

19/08/2014

Awaiting ruling of commissioner

Unfair labour practice - benefits

Failure to translate to LP 10

15/03/2017

The Applicants indicated that they want the matter postponed as the have a similar dispute at labour court and is awaiting the labour court outcome. The commissioner postponed the matter sine die.

Unfair dismissal dispute

Dismissal - Misconduct

21/04/2017

Awaiting new set-down.

Unfair Labour Practice - Benefits

Performance Bonus

25/07/2017

Waiting for condonation application.

Unfair Labour Practice – Promotion

Employee not appointed in promotional post

03/10/2017

Joinder ruling received. Awaiting date for arbitration to proceed.

 

Unfair Dismissal

Dismissal - Misconduct

10/11/2017

The matter is set-down to proceed on 27-28 August 2018.

Unfair Labour Practice

Performance Bonus

06/11/2017

Ruling in favour of NPA. Matter successfully finalised.

Unfair dismissal – S 186 – failure to renew fixed term contract

Non-renewal of fixed term contract

30/11/2017

Matter set-down for 20 August 2018.

Unfair labour practice - Benefits

Performance bonus

06/12/2017

The matter has to be set-down for arbitration.

Unfair labour practice - Benefits

Performance bonus

06/12/17

Ruling in favour of NPA. Matter successfully finalised.

Unfair labour practice – benefits

Salary was corrected in terms of S38 of the PSA

17/01/2018

Set down for 30 August 2018

Unfair labour practice - benefits

Performance Bonus

31/01/2018

Waiting for arbitration date.

 

Interpretation & Application

Resolution 7 of 2000 read with the Pilir Policy – non-approval of Temporary Incapacity leave

16/04/18

The matter went for arbitration on 13 August 2018.

Unfair labour practice - Benefits

Performance bonus

16/04/18

Matter referred to arbitration on 11 June. Awaiting set-down.

Unfair labour practice – Benefits

Performance Bonus

30/4/2018

Awaiting arbitration date.

Unfair labour practice – Benefits

Performance Bonus

07/06/2018

Condonation not granted. File Closed. Matter finalised.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Arbitration set-down for 14 September 2018.

Interpretation & Application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

08/06/2018

Awaiting date for conciliation.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Awaiting date of arbitration.

Unfair dismissal

Dismissal - misconduct

21/06/2018

Awaiting date for conciliation.

Interpretation & Application

Resolution 5 of 2014 – bonus for improved qualification not paid

26/07/2018

The matter was withdrawn

Unfair Dismissal

Discharge due to Ill Health

27/07/2018

Awaiting date of conciliation

Dismissal

Dismissal – misconduct

06/06/2017

Awaiting new date of set down of arbitration.

Unfair Labour Practice - Promotion

The employee was not appointed in promotional post

21/08/2017

Awaiting new date of set down for arbitration.

Dismissal

Dismissal - misconduct

19/09/2017

Awaiting new date of set down for arbitration.

Unfair Labour Practice - Benefits

Performance Bonus

20/10/2017

The matter did not proceed on 11 July 2018 due to the unavailability of the Commissioner. Awaiting new date of set down.

Unfair Labour Practice- Benefits

Performance Bonus

02/11/2017

Memo to settle the dispute has been prepared.

Unfair Dismissal

Dismissal Misconduct

01/12/2017

Awaiting award from the Commissioner.

Unfair Labour Practice - Benefits

Performance Bonus

09/03/2018

Matter set down for 18 September 2018.

Constructive dismissal

Resignation

19/04/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

03/04/2018

The matter has been adjourned for 15-17 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

04/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Labour Practice - Benefits

Performance Bonus

14/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

14/02/2017

Awaiting arbitration award from Council.

Interpretation and application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

26/09/2017

Awaiting ruling from the PSCBC.

Unfair Labour Practice - Benefits

Performance Bonus

01/10/2017

Matter proceeded on 19 to 20 July 2018. Parties decided to settle. Matter finalised.

Unilateral change to terms and conditions of employment (Section 64(4)

Salary Issue

23/01/2018

On 26 July 2018, a ruling was issued that the Council does not have jurisdiction to arbitrate dispute concerning unilateral change to terms and conditions of employment. Applicant was advised on 09 March 2018 to refer the matter to Labour Court. Matter Finalised.

Unfair labour practice – benefits

Performance Bonus

19/01/2017

The arbitration did not proceed as the Applicant dismissed her representative and requested that the matter be postponed. The Applicant will request transcripts from the Council. The matter was postponed sine die.

Interpretation & Application

Performance Bonus

05/03/2018

Arbitration set down for 27 August 2018.

Unfair Labour Practice- Benefits

Performance Bonus

29/05/2018

Parties agreed that the matter will commence on 26 September 2018.

Unfair Labour Practice

Matter of mutual interest

29/06/2018

The conciliation was set down for 29 June 2018. The conciliation was part-heard and the Applicant requested extension based on timeframe.

Unilateral change to terms and conditions of employment

Salary Issue

08/07/2018

The matter was conciliated.

Unfair dismissal

Dismissal - misconduct

06/07/2018

Awaiting for condonation ruling.

Unfair Labour Practice - Benefits

Performance Bonus

02/07/2018

Awaiting for a set down date for arbitration

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Table B: Labour Disputes – Labour Court/High Court

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Review of arbitration award

Labour Court

Claim of unfair dismissal

23/04/2009

Pending

 

Labour Court – Application for review

Application for review – award to be reviewed and set aside and for matter to be referred back for adjudication.

22/08/2012

Pending

Application for review- Labour Court

The applicant seeks to review the award in which the respondent was reinstated.

26/04/2017

Pending

Review

Labour Court

The employer to review its decision to award the COL for members of SMS

08/08/2017

Pending

Review

Labour Court

Review of condonation ruling

20/03/2018

Pending

Review

Labour Court

Application for review

05/06/2018

Pending

Application

Labour Court

Appointment as a Special Investigator Level 3 (Rank of Superintendent in SAPS)

28/09/2009

Pending

Application

Labour Court

Claim of unfair labour practice relating to retrospective JE-upgrades

Retrospective upgrades sought

19/12/2008

Pending

Labour Court

Unfair dismissal

Re-instatement

10/07/2014

Pending

Labour Court

ULP, Appointment

03/04/2017

Pending

Labour Court

Promotion

21/05/2018

Pending

Labour Court

Unfair Labour Practice

25/07/2014

Pending

  1. (a) The information on the Departmental dismissal cases are tabulated below:

Financial Year

No. of Employees Dismissed

Reasons for Dismissal

No. of Employees paid Severance Packages

Severance Package Amount Paid

2018/19

16

  1. Abscondment = 4 cases
  1. Corruption = 1 case
  1. Fraud = 3 cases
  1. Insubordination = 1 case
  1. Negligence = 1 case
  1. Theft = 1 cases
  1. Unauthorised Absence = 3 cases
  1. Unethical Behaviour = 2 cases

Nil

Nil

2017/18

50

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2016/17

56

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2015/16

70

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2014/15

68

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2013/14

96

  1. Abscondment = 14 cases
  1. Abuse of Leave = 6 cases
  1. Assault = 3 case
  1. Bribery = 2 cases
  1. Corruption = 10 cases
  1. Dishonesty = 3 cases
  1. Fraud = 19 cases
  1. Insubordination = 5 case
  1. Mismanagement of Funds = 1 case
  1. Loss of State Money = 1 case
  1. Negligence = 4 cases
  1. Theft = 20 cases
  1. Unauthorised Absence = 4 cases
  1. Unethical Behaviour 4 cases

Nil

Nil

(B) The following entities has informed me as follows:

a. SIU

Three (3) employees of the SIU were dismissed in the last five years, and details are as follows:

  1. Dismissal – misconduct – no monies were paid
  2. Dismissal – misconduct – no monies were paid – the matter is currently at CCMA
  3. Dismissal – operational requirements – A severance package of R503,044-69 was paid.

b. Legal Aid SA

(i) The Legal Aid SA has dismissed seventeen (17) employees dismissed in the past five years.

(ii) the reasons for the dismissal are as follows:

  1. Three (3): long periods of absence without leave;
  2. Three (3): fraud – taking money from clients;
  3. Two (2): misrepresentation of educational qualifications and certificate of good standing respectively;
  4. Two (2): conflict of interest, gross negligence and transgression of the PFMA
  5. One (1): Poor Work Performance;
  6. One (1): Gross Insubordination and Gross Insolence;
  7. One (1): revealing and communicating confidential information forbidden by policy;
  8. One (1): performing pro bono work outside of Legal Aid SA policy;
  9. One (1): unruly behaviour, assault, fighting and unacceptable aggressive behaviour;
  10. One (1): failing to investigate suspicious judicare claims resulting in material financial loss; and
  11. One (1): gross dishonesty, professional negligence and derilection of duty.

(b (i) and (ii) No severance packages were ever paid out to any employee.

c. National Prosecuting Authority

No. of Employees Dismissed

Reason For Dismissal

Appeal

Dismissal Confirmed on Appeal

35

  1. Giving false information

No

Not Applicable

 
  1. Withdrew Criminal matters without following correct procedure

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Absenteeism

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

No

Not Applicable

 
  1. Usage of petrol card

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Bringing the NPA into disrepute

Yes

Yes

 
  1. Corruption

No

Not Applicable

 
  1. Bringing the name of the NPA in disrepute

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Irregular expenditure

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

Yes

Yes

 
  1. Assault

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

No

Not Applicable

 
  1. Gross Dishonesty

Yes

Yes

 
  1. Withdrew Criminal matters without following correct procedure/ failed to reinstate prosecution when instructed to do so

Yes

Yes

 
  1. Soliciting Bribe

Yes

Yes

 
  1. Sexual harassment

Yes

Yes

 
  1. Gross Dishonesty

Yes

yes

 
  1. Corruption

Yes

Yes

 
  1. Abscondment

No

Not Applicable

 
  1. Dishonesty – soliciting a bribe

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Abscondment – S 17 termination

No

N/A

 
  1. Dishonesty

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Abscondment

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Corruption

Yes

Yes

(b) None of the dismissed employees were paid severance packages as can be seen

from the reasons for dismissal.

18 June 2018 - NW1736

Profile picture: Mulder, Dr PW

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

Whether all members of the senior management service (SMS) in his department had declared their interests for the past year as required by the Public Service Regulations; if not, (a) why not, (b) how many of the specified members did not declare their interests and (c) what are the (i) names and (ii) ranks of the specified noncompliant members of the SMS; (2) whether noncompliant SMS members have been charged; if not, why not; if so, what are the relevant details; (3) what number (a) of employees in his department at each post level are currently suspended on full salary and (b) of the specified employees at each post level have been suspended for the specified number of days (details furnished); (4) what is the total amount of cost attached to the days of service lost as a result of the suspensions in each specified case?

Reply:

1. 146 members of the senior management service (SMS) had declared their interests for the past year (2017/18 financial year) as required by the Public Service Regulations of 2016. Only five (5) out of 151 SMS members appearing on the February 2018 Departmental Persal report did not disclose their financial interests. All five (5) SMS members have either retired, resigned or contract expired. Their names are indicated in the table below:

(i) Rank

Reason

Chief Director

Retirement (31/03/2018)

Chief Director

Resigned (31/03/2018)

Chief Director

Retirement (31/03/2018)

Director

Retirement (30/04/2018)

Director

Contract expired (31/03/2018)

2. The above SMS members have not been charged since they have either retired, resigned or contract expired.

3. None.

4. None.

Office of the Chief Justice

1. All members of the senior management service (SMS) in the Office of the Chief Justice (OCJ) had declared their interests for the past year as required by the Public Service Regulations.

2. Not applicable, as all members of the senior management service (SMS) complied with the Regulations.

3. None.

4. Not applicable.

18 June 2018 - NW1824

Profile picture: Gqada, Ms T

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

(Whether (a) his spouse and/or (b) an adult family member accompanied him on any official international trip (i) in each of the past five financial years and (ii) since 1 April 2018; if not, what is the position in this regard; if so, what (aa) is the name of the person(s), (bb) was the (aaa) purpose and (bbb) destination of the trip and (cc) was the (aaa) total cost and (bbb) detailed breakdown of the costs of the accompanying person(s) to his department; (2) whether each of the specified trips were approved by the President in terms of the provisions of Section 1, Annexure A of the Ministerial Handbook; if not, why not; if so, what are the relevant details?

Reply:

  1. No, I have never travelled on any official international trip with a spouse or family member.
  2. Not applicable

28 May 2018 - NW1366

Profile picture: Mulaudzi, Mr TE

Mulaudzi, Mr TE to ask the Minister of Justice and Correctional Service

(1)Does his department offer Adult Basic Education and Training (ABET) at Medium C Johannesburg Correctional Services Centre; (2) Did his department receive applications from certain persons (names and details furnished) to register for ABET; if not, what steps must be taken for the specified persons to receive ABET; if so, why has the specified person’s request been ignored?

Reply:

It should be noted that the most widely used term for literacy and compensatory education for adults was adult basic education and training (ABET) and was defined as the general conceptual foundation towards lifelong learning and development.

After 2000 the term changed to Adult Education and Training (AET) and word “ basic”  was removed altogether as AET  led to a qualification called General Education and Training Certificate (GETC) with exit level of AET Level 4 which is equivalent to Grade 9. Correctional Services is offering AET and not ABET.

1. No, Johannesburg Correctional Centre C does not offer ABET programme.

2. (a) Prisoner number 210294827- No application received.

(b) Prisoner number 207140220- no application received.

(c) Prisoner number 212291898- No application received.

As standard procedure all offenders go through an assessment to determine if they are eligible to participate in educational programmes. If they are found eligible then offenders are given an opportunity to apply and participate, as the educational programmes are voluntary.

The three offenders were assessed on 01 December 2017 and were found eligible. They were then expected to make applications in this regard in order to receive AET. I am informed there were no applications received from offenders. 

18 May 2018 - NW1150

Profile picture: Selfe, Mr J

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

(1)What is the (a) nature and (b) current status of the settlement agreement, Resolution 1/2016, which was entered into between the Department of Correctional Services and trade unions in November 2016; (2) (a) what payments (i) have been made and (ii) are scheduled to be made to beneficiaries in terms of the specified resolution and (b) in each case, what is the (i) date and (ii) total amount in Rand of the payments; (3) (a) by what date does he expect to have fulfilled all the terms of the specified agreement and (b) what are the relevant details of his plans in this regard?

Reply:

(1)(a) I have been advised that the nature of the Settlement Agreement is to address the outstanding matters connected with the Correctional Officials Occupational Specific Dispensation (OSD) 2nd Phase experience recognition for the production salary levels 03 to 08 that emanated from General Public Service Sectoral Bargaining Council (GPSSBC) Resolution 2 of 2009.

(b) The collective agreement allows for a multi-year implementation of back pay amounts. The Department has already paid 17% of the back pay amount owed to fourteen thousand two hundred and ninety (14290) qualifying correctional officials, and 6% back pay amounts to twelve thousand three hundred and sixty five (12365) qualifying correctional officials respectively. With regard to the six thousand three hundred and six (6306) qualifying correctional officials who terminated services, the Department has initiated an audit to determine the debt owed to them in relation to the OSD Departmental Bargaining Chamber settlement agreement. To date a total of three thousand two hundred and seven cases (3207) have been audited and submitted for payment. The agreed 4% payments which are due in the 2018/2019 financial year for both serving and terminated officials are scheduled for payment during the 2nd quarter starting July 2018 of the current financial year.

(2)(a):

(i) The 17% owed to qualifying officials plus 6% of the staggered payments have been paid.

(ii) 4% payments are scheduled to be made to serving officials during the 2nd quarter of the current financial year (2018/2019).

27% (17% + 6%+ 4%) payments are scheduled to be made to ex officials during the 2nd quarter of the current financial year (2018/2019).

(2)(b):

(i) The 17% payments were made during June 2017 and October 2017.

6% payments were made during February 2018.

4% to serving officials as well as 27% to ex-officials are scheduled to be paid during the 2nd quarter of the current financial year (2018/2019).

(ii) R57, 463 574.00 already paid to serving officials.

An estimated amount of R71 million is to be paid to both serving and ex-officials (4% for serving officials and 27% to ex-officials back log).

(3)(a) As agreed in the Settlement Agreement it is expected to conclude this matter not later than 31st March 2020.

(b) Utilisation of a task team to oversee payments centrally on a continuous basis and assist/guide regions with all relevant administrative processes to conclude the remaining 3% payments in the 2019/2020 financial year.

11 May 2018 - NW1280

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Carter, Ms D to ask the Minister of Justice and Correctional Services

(1) With regard to the project undertaken by the SA Law Commission in 1998 at the behest of the former President, Mr Nelson R Mandela, into end-of-life-decisions that, following extensive consultation, resulted in the compilation of a draft Bill on end-of-life-decsions that was presented to the executive, but never acted upon, why was the specified draft Bill never processed any further; (2) whether he intends to revise and re-introduce the draft Bill; if not, why not?

Reply:

1.. The South African Law Commission (as it then was) submitted its report on euthanasia and artificial preservation of life (which included the Bill on end of life decisions) to the former Minister of Justice, AM Omar, in terms of section 7(1) of the South African Law Commission Act, 1973. He, in turn, referred the report to the then Minister of Health, Dr NCD Zuma, for her attention on 15 June 1999.

Minister Omar’s recommendation to the Minister of Health reads as follows:

“The sections of the Bill dealing with the cessation of treatment, palliative care and living wills are of vital importance to the medical profession and patients and I realise that their enactment should not be unnecessarily delayed. However, in order to ensure public participation on the question whether provision should be made for active euthanasia and if so, on what basis, I would like to recommend for your consideration that an appropriate ad-hoc select committee of Parliament be appointed to consider the issue of active euthanasia as set out in section 5 of the Bill.”

2. No, this matter is within the competence of the Minister of Health.

11 May 2018 - NW1177

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

With regard to his reply to question 2714 on 16 January 2017, (a) what steps will he take to ensure that the correct authority within his department actually carries out the instructions of the court and (b) by what date?

Reply:

The Judge will only grant an order/deliver judgment after considering the application or evidence, depending on the nature of the proceedings. In Civil Matters, the order will be made available to all parties after it has been granted. It is the responsibility of the party seeking the relief to ensure that the order is enforced.

Therefore, the Office of the Chief Justice is not the correct authority to implement the court order. The reply to question 2714 of 16 January 2017 still stands.

04 May 2018 - NW1217

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Carter, Ms D to ask the Minister of Justice and Correctional Services

Whether marriage officers employed by the Department of Justice solemnise same-sex marriages in terms of the Civil Union Act, Act 17 of 2006; if so, what is the total number of officers who have been exempted in terms of section 6 of the specified Act from solemnising same-sex marriages?

Reply:

I wish to inform the Honourable Member that the Department of Justice and Constitutional Development does not employ marriage officers.

In terms of the applicable legislation (The Marriage Act and the Civil Union Act), every magistrate shall by virtue of his or her office be a marriage officer for the district or area for which he or she holds office. Magistrates are therefore ex officio marriage officers. Magistrates solemnise same- sex marriages as and when required to do so. All judicial officers are in terms of section 174(8) of the Constitution of the Republic of South Africa, 1996, required to take an oath or affirm that they will uphold and protect the Constitution. I am not aware of any magistrate requesting an ‘exemption’.

In terms of section 6 of the Civil Union Act the responsible Minister for marriage officers to lodge and objection on the grounds of conscience, religion and belief to solemnising a civil union between persons of the same sex is the Minister of Home Affairs. I would therefore suggest that the Honourable Member approach the Minister of Home Affairs in this regard.

23 March 2018 - NW718

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

Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were(i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?

Reply:

1. The Department of Justice and Constitutional Development has a policy and procedure on sexual harassment in place, which came into effect in 2008 and was reviewed in 2015 to ensure compliance with the Policy and Procedure on the Management of Sexual Harassment of the Department of Public Service and Administration (DPSA).

(i) Reports/cases are investigated by a Committee which is established in terms of the departmental policy and procedure, and which is constituted by officials from the following components within the Department:

  1. Employee Relations;
  2. Employment Equity; and
  3. Change Management and Gender Unit.

(ii) Details of the consequence management and sanctions stipulated by the policy are:

  1. Counseling;
  2. Verbal warning;
  3. Written warning;
  4. Final written warning;
  5. Suspension without pay;
  6. Demotion (as an alternative to dismissal);
  7. Dismissal; and
  8. Change Management.

2. (a) Total number of incidents of sexual harassment that have been reported in the Department of Justice and Constitutional Development are as follows:

(i) In each of the past three financial years:

  • 2014/15       :       Five (5) cases were reported
  • 2015/16       :       One (1) case was reported
  • 2016/17       :       One (1) case was reported

(ii) From 01 April 2017: Three (3) cases were reported

(b) The number of cases that were:

(i) Opened and concluded:

  • 2014/15       :    Five (5) cases were opened, of which three (3) were concluded
  • 2015/16       :    One (1) case was opened and two (2) cases were carried over from previous financial year. The two (2) cases concluded during this financial year were those carried over from previous financial year.
  • 2016/2017  :    One (1) case was opened and one (1) case was carried over from previous financial year making, of which both cases were concluded.
  • From 01 April 2017: Three (3) cases were opened, with two (2) cases   concluded.

(ii) Withdrawn:

  • 2014/15                   :      Zero (0) cases
  • 2015/16                   :      One (1)  case
  • 2016/17                   :      One (1)  case
  • From 01 April 2017:     Two (2) cases

(iii) Remained Open, based on incidents:

  • 2014/15                   :      Two (2) cases (carried over to next financial year)
  • 2015/16                   :      One (1)  case (carried over to next financial year)
  • 2016/17                   :      Zero (0) cases
  • From 01 April 2017:     One (1)  case

(c) Sanctions issued for each person who was found to have been guilty:

  • 2014/15       :    From the three (3) cases finalised, three (3) employees were found guilty and a sanction of Suspension without pay was imposed.
  • 2015/16       :    From the two (2) cases finalised, one (1) employee was found guilty and a sanction of Suspension without pay was imposed, and one (1) case was withdrawn after the parties agreed on a settlement - deemed closed and finalised.
  • 2016/17       :    From the two (2) cases finalised, one (1) employee was found guilty and a sanction of Suspension without pay was imposed, and one (1) case was withdrawn/closed due to a lack of evidence - deemed closed and finalised.
  • From 01 April 2017:   Two (2) finalised cases were withdrawn, as there was lack of cooperation by the one complainant and the other case was concluded informally - deemed closed and finalized.

(a) The Department of Correctional Services is in process of finalizing the Policy on the Prevention and Management of Sexual Harassment in the Department. The draft policy was consulted widely with recognized labour unions and employees.

The Department of Public Services and Administration Sexual harassment Policy for the Public Service is used as the mandating policy Framework.

(b)   Assaults are regulated by the Correctional Services Act 111 of 1998 under Code of Conduct of acts of Misconduct

(i) Procedure Followed

  • After a sexual harassment complaint is lodged by a complainant, an investigator is appointed by the employer to investigate the incident in line with the disciplinary code of the department.
  • After appointing the investigator, sexual harassment investigations must be finalized within 30 days.
  • Should the stipulated 30 days lapse before an investigation of a sexual harassment case in conducted by the investigator, the complaint should be consulted with request for an extension of up to a maximum of 14 days to conclude the case.
  • In an event that more time is required to conclude the investigation, reasonable exceptional circumstance should be clearly stated by the investigator, with substantive reasons to ensure a balance between fairness and flexibility.
  • Each request should be treated on merit.
  • Consent by the complainant(s) to grant an extension should not be unreasonably withheld.
  • A Sexual Harassment Committee has been appointed in line with the DPSA Policy and departmental policy. The Committee ensures that reported cases are brought to the attention of the National Commissioner and are investigated. Follow up is also conducted by the `Committee`

(ii) Consequences management

  • The Department of Correctional Services policy statement and disciplinary consequences of sexual harassment both state that, sexual harassment incidents may lead to a dismissal.
  • The following sanctions, depending on the nature and seriousness of the sexual harassment incident, made be imposed on an alleged perpetrator if found guilty:
  1. Counselling
  2. Verbal warning
  3. Written warning valid for six months
  4. Final written valid for six months
  5. Suspension with or without pay (not exceeding three months)
  6. Demotion/ Dismissal

The above sanctions are contained in the Department`s Disciplinary Code and Procedure and also inform sanctions entailed in the policy.

(2) (a) The total number of sexual harassment cases are as follows:

 

 

SEXUAL HARASMENT

Incident

2014/2015

2015/2016

2016/2017

Since 1 April 2017

Opened and concluded

5

5

7

3

Withdrawn

 

1

1

0

Sanctions

 

 

 

 

Corrective Counselling

 

0

0

0

Final Written Warning

3

0

2

0

Suspension without Salary

1

2

0

0

Dismissal

 

0

0

1

Acquittal

 

2

4

0

 

a) The total number of assault incidents are as follows:

 

 

ASSUALTS

Incidents

2014/2015

2015/2016

2016/2017

Since April 2017

Opened and concluded

145

109

51

77

Withdrawn

60

16

5

6

Sanctions

 

 

 

 

Corrective Counselling

12

5

13

10

Verbal warning

11

20

8

10

Written Warning

15

22

17

13

Final Written Warning

18

12

4

5

Suspension Without Salary

4

9

1

5

Dismissal

1

4

0

10

Acquittal

24

21

3

18

05 December 2017 - NW3576

Profile picture: Majola, Mr F

Majola, Mr F to ask the Minister of Justice and Correctional Services

(a) What is the total number of supplier invoices that currently remain unpaid by (i) his department and (ii) each entity reporting to him for more than (aa) 30 days, (bb) 60 days, (cc) 90 days and (dd) 120 days and (b) what is the total amount outstanding in each case?

Reply:

In response to the question on unpaid invoices, the Department of Justice and Constitutional Development (DoJ&CD), National Prosecuting Authority (NPA), Legal Aid South Africa, and Special Investigating Unit (SIU)have informed me as follows:

A. DoJ&CD:

a) For the reporting period ended on 30 October 2017, the Department of Justice and Constitutional Development had 22 valid invoices outstanding (Not paid within 30 days) broken down as follows:

a) 30 days: 5 invoices

b) 60 days: 6 invoices

c) 90 days: 1 invoice

d) 120 days: 10 Invoices

b) The total value of the above invoices is R15,816.82 broken down as follows:

aa) 30 days: R2 322.94

bb) 60 days: R2 672.94

cc) 90 days: R422.94

dd) 120 days: R10 398.00

B. Legal Aid SA:

a) The total number of invoices that are unpaid as at 3 November 2017 for Trade and Judicare Suppliers (private lawyers) are reflected according to ageing in Table 1 below:

Table 1:

Number of Invoices

Ageing

Trade

Judicare

Total

30

11

39.3%

25

49.0%

36

45.6%

60

0

0.0%

3

5.9%

3

3.8%

90

1

3.6%

12

23.5%

13

16.5%

120

2

7.1%

1

2.0%

3

3.8%

120+

14

50.0%

10

19.6%

24

30.4%

 

28

100.0%

51

100.0%

79

100.0%

b) The total value of unpaid invoices for Trade Suppliers and Judicare Suppliers as at 3 November 2017, in the different ageing categories, are reflected in Table 2 below:

Table 2:

Value of Invoices in Rands

Ageing

Trade

Judicare

Total

30

113,407

75.0%

354,670

67.3%

468,077

69.0%

60

0

0.0%

22,325

4.2%

22,325

3.3%

90

34,325

22.7%

83,949

15.9%

118,274

17.4%

120

225

0.1%

1,798

0.3%

2,023

0.3%

120+

3,202

2.1%

64,011

12.2%

67,213

9.9%

 

151,158

100.0%

526,753

100.0%

677,911

100.0%

It should be noted that invoices that are unpaid for longer than 30 days are as a result of queries that need to be resolved by the supplier. In the main, the banking details of affected suppliers are incorrect and thus payments are rejected. Legal Aid SA is still awaiting appropriate responses from the suppliers.

C) SIU:

The SIU did an analysis of all invoices outstanding at the end of 30 September 2017 which was the last reporting date of the entity before the question from the National Assembly.

The table below reflects the ageing of supplier balances at reporting date:

Comments:

The SIU had a total outstanding balance to suppliers of R9,1 million at the end of September 2017 of which 77% was outstanding for 30 days or less. The remaining balance of 23% is mainly due to the following factors:

  1. R700K – Dispute with landlord on water and lights billing without apportionment of costs on tenant shared premises using meter reading as per contractual agreement. All the invoices outstanding for 62 days and more are related to this supplier. Lease rental costs are settled monthly except for the disputed amount. The SIU is in the process of resolving the issue with the landlord.
  2. R900K – One invoice due to a service provider who supplied the SIU with technical equipment that were going through testing. The invoice was settled in October 2017.
  3. The balance is mainly made up of supplier of travel management services where third party invoices / statement were outstanding for payment. The SIU has an arrangement with the supplier that invoices will only be settled when presented with third party invoices, e.g. invoices from car rental companies, and a statement of account.

D. NPA

a) The NPA has paid 99.5% of all creditors within 30 days during the 2016/17 financial year. The remaining 0.5% relates to disputed invoices.

b) As at the end of October 2017, the NPA had 12 invoices amounting to R97 512.38 that were outstanding for a period of more than 30 days. Below are the details of the relevant invoices:

NO.

PAYEE NAME

AMOUNT

NO. OF DAYS

COMMENT

 

BCD TRAVEL

R568,40

146

DISPUTED

 

BCD TRAVEL

R568,40

140

DISPUTED

 

SEBTECH TECHNOLOGIES

R1 431,83

85

DISPUTED

 

SEBTECH TECHNOLOGIES

R1 431,83

65

DISPUTED

 

FACCT FORENSIC CONSULTING

R76 772,16

55

DISPUTED

 

SCHUTTE JHT

R250,00

50

DISPUTED

 

MULTI CHOICE AFRICA (PTY) LTD

R274,00

49

DISPUTED

 

DELOITTE TIP-OFFS ANONYMOUS

R14 345,76

46

DISPUTED

 

ELLIS DJ

R650,00

45

DISPUTED

 

FERREIRA S

R109,00

41

DISPUTED

 

LANDMAN L

R411,00

32

DISPUTED

 

SANDAN MM

R700,00

31

DISPUTED

   

R97 512,38

   

05 December 2017 - NW3625

Profile picture: Matiase, Mr NS

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

Whether (a) his department and/or (b) any entity reporting to him own land; if so, in each case, (i) where is each plot of land located, (ii) what is the size of each specified plot and (iii) what is each plot currently being used for?

Reply:

a) The Department of Justice and Constitutional Development does not own land. This is in view of the existing legislation that governs the immovable assets in particular State Land Disposal Act No. 48 of 1961 and Government Immovable Asset Management Act No. 19 of 2007.

b) The National Prosecuting Authority, Special Investigating Unit and Legal Aid South Africa have informed me that they do not own any land.

 

05 December 2017 - NW3456

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

How many officials and/or employees in his department were granted permission to have businesses and/or do business dealings in the past three financial years; (2) are any of the officials and/or employees that have permission to have businesses and/or do business dealings doing business with the Government; if so, (a) what was the purpose of each business transaction, (b) when did each business transaction occur and (c) what was the value of each business transaction?

Reply:

1. Table A: Details of employees who had permission to do remunerative work and were found to be doing business with organs of state in 2014/15.

Name of Official

Purpose of each business/transaction

When did it happen?

What was the amount/value involved?

Remarks/explanation

1. Kgomo MA

Rendering catering services, office equipment supply, stationery and cleaning services for South African Social Security Agency

September 2014

R231.25

Administration Clerk. Approval granted on 22/05/2014.

2. Table B: Details of employees who had permission to do remunerative work and were found to be doing business with organs of state in 2015/16

Name of Official

Purpose of each business/transaction

When did it happen?

What was the amount/value involved?

Remarks/explanation

1. N Yulu

The official has resigned from the Department and we could not access or trace information on the nature of the transactions with government.

Permission was granted for remunerative work on 06/07/2015.

2015/16

R60 100.00

Deputy Director (Resigned on 30/04/2016.)

NOTES:

  1. The amendments in the new Public Service Regulations of 2016 came into effect on 01 August 2016.
  2. A transitional arrangement was provided for the employees who were doing business with organs of state for six months, ending on 31 January 2017.
  3. All the mentioned employees conducted business with state departments before the effective date of the Public Service Regulations of 2016. Therefore, they were required to comply with the Departmental Policy on Remunerative Work outside employment in the public service and were granted permission.

03 November 2017 - NW3251

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

(a) In what ways is overcrowding in correctional service facilities hampering programmes for the rehabilitation of prisoners and (b) what plans does his department have in place to address each challenge?

Reply:

The Branch Incarceration and Corrections contributes to the strategy through the provision of Correctional Programmes to sentenced offenders with Correctional Sentence Plans (CSPs) in line with section 38 of the Correctional Service Act 111 of 1998. Correctional Programmes are needs based and have been developed specifically to deal with identified offending behaviour and are aimed at bringing about behavioural changes; acceptance of positive values and morals; increased knowledge on certain topics; the acquisition of life skills and ultimate improved mental and physical health.

There are thirteen (13) endorsed Correctional Programmes:

  • New Beginnings Orientation
  • Anger Management (Anger In Anger Out)
  • Cross Roads (sourced)
  • Restorative Justice Orientation
  • Preparatory Programme on Sexual Offences
  • Substance Abuse (Stop to Start)
  • Behaviour Modification Programme on Gangsterism
  • Economic Crime Programme (fraud related)
  • Economic Crime Programme (theft related)
  • Programme on Murder and related offences (Changing Lanes)
  • Programme on Robbery and related offences (Change is possible)
  • Correctional Programme for Female Offenders
  • Pre-Release

Correctional programmes are facilitated by CIOs on an interim basis due to absence of a permanent financed structure.

The department is in the process of improving participation of offenders in skills development programmes and formal education by amongst others, implementing the following:

  • Improve the current recruitment drive to appoint more skills development practitioners at operational level and to also expedite the finalisation of Occupational Specific Dispensation (OSD) for educators in order to attract more educators.
  • Enhance partnership with external stakeholders in order to augment the limited DCS resources (i.e. shortage of educators, shortage of training equipment’s and learning material, increase training opportunities) for the training and development of offenders. There is improvement in the rendering of training interventions as a result of established external partnerships with the following; National Skills Fund, UNISA, Safety and Security Sector Education and Training (SASSETA), Department of Higher Education and Training (DHET) as well as Technical, Vocational, Education and Training (TVET) Colleges.

The Department is rendering Spiritual Care programmes and services on a daily basis through maximization of the space, e.g. sharing school areas and dining halls and use open areas for the spiritual empowerment of offenders.

31 August 2017 - NW2313

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Mbhele, Mr ZN to ask the Minister of Justice and Correctional Service

With reference to his reply to question number 1761 on 11 July 2017, was there a threat and risk assessment conducted which recommended that the National Director of Public Prosecution be awarded VIP security through the SA Police Service; if not, on what basis is the specified security provided; if so, (a) on what date was the specified assessment done, (b) what were the recommendations of the specified threat assessment, (c) on what date will the situation next be reviewed and (d) will he make a copy of the threat assessment report available to Mr Z N Mbhele?

Reply:

The provision and implementation of close-in-transit protection services, is provided to the National Director of Public Prosecutions. This was done after a Threats and Risk Assessment have been done many years back and has been the norm with all other predecessors appointed to hold the same office. Security services are therefore provided to the Office of the NDPP, irrespective of the person holding such office at any time. Threats and Risk Assessments are done as and when required and the outcome thereof will determine the kind of security required. Threat assessment reports remain confidential.

27 July 2017 - NW1860

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

(1)     What is the date of the last medical assessment (a) undertaken by and (b) available to his department with regard to the health of the parolee Mr Shabir Shaik? (2) whether the specified person’s condition is still considered to be terminal; if not, what steps has his department taken to review the parole status of the specified person; if so, what is the current prognosis with regard to life expectancy; (3) what (a) is the last date on which the parole conditions of the specified person were reviewed and (b) are the details of the parole conditions that are currently applicable; (4) has the specified person strictly complied with the conditions of parole; if not, what (a) are the relevant details of the infringement(s) and (b) steps has his department taken in this regard?

Reply:

(1)(a) & (b) The last medical assessment by The Department of Correctional Services for parolee Mr. Shabir Shaik was conducted before he was released on medical parole on 03 March 2009.

2. The condition of the parolee is still viewed to be terminal. Medical parole was granted in terms of the provisions of Section 79 of the Correctional Services Act, Act No. 111 of 1998, before it was amended. Therefore, he was considered in terms of the then applicable legislation. The medical parole legislation was reviewed and Section 14 of the Correctional Services Amendment Act, Act No. 5 of 2011, which introduced the new medical parole system, came into effect on 01 March 2012. At the time the person in question was diagnosed as being in the final phase of a terminal disease.

(3)(a) Parole conditions were last reviewed on the 24 April 2015

(3)(b) Mr. Shabir Shaik is on house arrest with relaxing conditions namely:

  • Attending school functions for his son 17h00 to 19h00.
  • Working hours from 08h00 t0 18h30 – Monday to Friday.
  • Attending sports once a week from 12h00 to 19h00.
    • If he has to travel outside the Province, then he has to apply for leave of absence like any other offender.

(4)(a) Yes.

(4)(b) Not applicable.

21 July 2017 - NW1726

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

Whether any staff of (a) his department and (b) each entity reporting to him were awarded any contracts or agreements to conduct business with any state entity in the (i) 2014-15, (ii) 2015-16 and (iii) 2016-17 financial years; if so, what are the (aa)(aaa) names and (bbb) professional designations of the staff members and (bb)(aaa) details of the contract(s) and/or agreement(s) awarded and (bbb) amounts in each case?

Reply:

(a) The Department of Justice and Constitutional Development has responded as follows:

(i) Table A below gives details of employees who were found to be doing business with organs of state by the Auditor-General in 2014/15.

Name of Official

Designation

Organ of State

Name of the Supplier

Order No.

Amount

Ramaoka M.N

Administration Clerk (Resigned on 2017/01/31)

National Department of Sport and Recreation

Makhurumola Itlhabanele Business

Not available

R0.00

Mbowane A

Assistant Master (Resigned on 2014/12/31)

National Department Correctional Services

Nchiruleng trading enterprise

Not available

Not available

Afrika BH

Senior Court Interpreter

South African Police Service

Biometric Enhancement Solutions (Pty) Ltd

Not available

R859 357.83

Mashego. BK

Director/senior manager

Small Enterprise Development Agency

Kholo Monyane Trading Enterprise

Not available

R0.00

Maja MP

Director/senior manager

Food and Beverages Manufacturing Industry

Bakhethwa Solutions And Investments

Not available

R0.00

Mmbadi LS

Director/senior manager

Eskom Holdings Ltd

Booi Holdings

Not available

Not available

Jacobs J

No record is found on DoJ&CD’s Persal as the official is currently stationed at the Office of the Chief Justice.

City of Johannesburg Metro

Constitution Hill Development

Not available

R6 840.00

Gwadiso SS

Director (Resigned on 2017/05/31)

Amatole District Municipality

Beam Marketing & Promotions CC

Not available

R0.00

Kgomo. TFJ

Director (Retirement on 2017/04/30)

South African Police Service

Kgophamorama Management Services & Projects CO

Not available

R215.00

Bhikha SV

Principal Legal Admin Officer (Retirement on 2015/07/31)

Financial and Accounting Services SETA

Public Finance IQ

Not available

R0.00

Samaai S

Principal Legal Admin Officer (Contract expiry on 2015/10/15)

Destination Marketing Organisation

X Con Films

Not available

R0.00

Bodigelo JT

E-scheduler Clerk

Ngwathe Local Municipality

Batho Pele Funeral Parlour

Not available

R6 900.00

Choshane. ML

Chief Registry Clerk

Fetakgomo Local Municipality

Mogodumane Funeral Parlour and Undertakers

Not available

-R3 918.00

Lebelo J.M

Administration Clerk

Limpopo Department of Health

Dimpho Mahlatse Service Provider

Not available

R2 250.00

Khoza N

Chief Accounting Clerk

Ehlanzeni District Municipality

Sebenzani Trading 59

Not available

R6 346.00

Hlongwane. SP

Administration Clerk

Ezemvelo Local Municipality

Ukumhlophe Investment trading

Not available

R0.00

Mohalanyane. MJ

Digital criminal recording systems(DCRS) Administration Clerk

Office of the Premier of Limpopo Province

Mohalanyane General Trading

Not available

R9 800.00

Bonokwane NM

Senior Administration Clerk (Resigned on 2017/04/30)

Ratlou Local Municipality

The Mary's Bed and Breakfast

Not available

R2 855.00

Chita DB

Administration Clerk

Legal Aid South Africa

Future Selling Photocopies papers

Not available

-R1 000.00

Mokoena GM

Administration Clerk

Maluti A Phofung Local Municipality

Thabadimahlwa trading and projects

Not available

R1 980.00

Mashinini JH

Administrative Officer

Phumelela Local Municipality

Happyguza Construction and Projects

Not available

-R1 700.00

Baca S

Administration Clerk

South African Police Service

Back to Back Trading Enterprise cc

Not available

R9 240.00

Kgomo MA

Administration Clerk

South African Social Security Agency

Motlhala Nala General Trading

Not available

R231.25

Gonyela S

Maintenance Investigator

OR Tambo District Municipality

Sirgo Trading Enterprise

Not available

R379 553.00

Maphanga LP

Accounting Clerk

Department of Defence

Lefa Phangos Trading Enterprise

Not available

R17 229.00

Masilela PN

Administration Clerk

MP: Public Works Roads & Trans

TVLN

Not available

R25 100.00

Masilela BV

Administration Clerk

South African Police Service

Botshelo & Naledi Enterprise (Pty) Ltd

Not available

R55 798.50

Sepheu MR

Audit Manager

Agricultural Research Council

Robsmethi Trading Enterprise

Not available

R112 300.00

NB: During the 2014/15 financial year, public servants were not prohibited from conducting business with the organs of the State, provided that they obtained permission from the executive authority to perform other remunerative work outside employment in the public service. The Department could therefore not take corrective action against any of the officials listed above for conducting business with organs of state. Furthermore, it should be noted that the Department relies on the Office of the Auditor-General in respect to the amounts of the transactions/contracts.

(ii) Table B below gives details of employees who were found to be doing business with organs of state by the Auditor general in 2015/16.

Name of Official

Designation

Organ of State

Name of the Supplier

Order No.

Amount

OT Muthen-Kanyinda

Administrative Officer (Resigned on 2016/03/31)

Transnet TFR

Chee Trading

Not available

R341 489.00

SP Hlongwane

Administration Clerk

Ezemvelo Wild Life

Luyandas Trading

Not available

R352 000.00

SR Khambule

Deputy Director: Financial Management

LP: Pub Works Roads & Infrastructure

Blue Stone Design (Pty) Ltd

Not available

R125 957.00

SP Hlongwane

Administration Clerk

South African Social Security Agency

Ukumhlophe Investment Trading

Not available

R73 166.00

DT Myeni

Registry Clerk

Safety and Security SETA

Shemula Trading Enterprise

Not available

R187 500.00

MZ Tibane

Messenger

NAT: SASSA – Mpumalanga

IT Minds

Not available

R470 750.00

MS Seema

Audit Manager

Tshwane Metropolitan Municipality

Tshwane Micro Enterpreneurs League Projects Co-Operative Lim

Not available

R18 720.00

MR Sepheu

Audit Manager

Agricultural Research Council

Robsmethi Trading Enterprise (Pty) Ltd

Not available

R9 851.00

N Yulu

Deputy Director (Resigned on 2016/04/30)

SA Maritime Safety Authority

Yulu Media Sound and Entertainment (PTY) LTD

Not available

R60 100.00

M Ngcobo

Assistant Director

GP: Human Settlement

Mthomakhathini (Pty) Ltd

Not available

R120 000.00

NP Ndlovu

Administration Clerk (Contract expiry on 2016/02/29)

Tshwane Metropolitan Municipality

Zele Solution (Pty) Ltd

Not available

R114 408.00

NP Ndlovu

Administration Clerk (Contract expiry on 2016/02/29)

Tshwane Metropolitan Municipality

Patrosa Holdings (Pty) Ltd

Not available

R150 527.00

OT Muthen-Kanyinda

Administrative officer (Resigned on 2016/03/31)

Transnet TFR

Chee Trading

Not available

R341 489.00

SP Hlongwane

Administration Clerk

 

Ezemvelo Wild Life

Luyandas Trading

Not available

R352 000.00

SR Khambule

Deputy Director: Financial Management

LP: Pub Works Roads & Infrastructure

Blue Stone Design (Pty) Ltd

Not available

R125 957.00

SP Hlongwane

Administration Clerk

South African Social Security Agency

Ukumhlophe Investment Trading

Not available

R73 166.00

DT Myeni

Registry Clerk

Security Seta

Shemula Trading Enterprise

Not available

R187 500.00

NB: During the 2015/16 financial year, public servants were not prohibited from conducting business with the organs of the State, provided that they obtained permission from the executive authority to perform other remunerative work outside employment in the public service.

(iii) Table C below gives details of employees who were found to be doing business with organs of state by the National Treasury in 2016/17.

Name of Official

Designation

Organ of the State

Name of the Supplier

Order No.

Amount

Ndivhuwo Enerst Nemusimbori

Legal Researcher

Government Communication and Information Systems - National

Enerst Trading and Projects

OR-078106

R7 368.00

Ndivhuwo Enerst Nemusimbori

 

Higher Education and Training - National

Enerst Trading and Projects

OR-013115

R44 100.00

Ndivhuwo Enerst Nemusimbori

 

Higher Education and Training - National

Enerst Trading and Projects

OR-013272

R885.80

Ndivhuwo Enerst Nemusimbori

 

Human Settlements - National

Enerst Trading and Projects

DH-024551

R3 542.50

Dumisani Bathwell Tuis

Court Manager

Correctional Services - National

Linche Cleaning And Catering Services

CL-004662

R16 892.60

Dumisani Bathwell Tuis

 

Correctional Services - National

Linche Cleaning And Catering Services

CL-004691

R15 798.00

Motlatsi Abel Tsubane

Senior Court Interpreter

Home Affairs - National

Khazimla Services

WC-003162

R2 425.00

Petronella Andricka Freeman

Court Intermediary

Correctional Services - National

Gaz Dealer And Services

UP-005543

R14 750.00

Petronella Andricka Freeman

 

Roads and Public Works - Northern Cape

Gaz Dealer And Services

SY-001296

R489 000.00

NB: The prohibition of employees from conducting business with organs of the State came into effect in August 2016 (subject to a six months transition period, starting from the date of implementation of the Public Service Regulations on 01 August 2016 to allow affected public servant to round up their activities or resign their Directorships from supplier companies with existing contracts with an organ of the state). In the circumstances, even an official who has obtained permission from the Executive Authority to perform other remunerative work outside employment in the Public Service cannot rely on such permission to conduct business with an organ of the state.

(b) The entities of the Department of Justice and Constitutional Development reported as follows:

 (i) Special Investigating Unit (SIU):

The SIU has informed that according to the SIU integrity Unit, it is confirmed that no-one within the SIU who is doing business with the State 2014/15, 2015/16 and 2016/17 financial years..

 (ii) National Prosecuting Authority (NPA)

The NPA has confirmed that no member in its employ was awarded any contracts or agreements to conduct business with any state entity during the periods concerned, nor is any member of the NPA conducting any business with an organ of state2014/15, 2015/16 and 2016/17 financial years.

(iii) Legal Aid South Africa

None of Legal Aid South Africa’s staff was awarded any contracts or agreements to conduct business with any state entity in the 2014/15, 2015/16 and 2016/17 financial years.

(c) The Department of Correctional Services has confirmed that no member in its employ was awarded any contracts or agreements to conduct business with any state entity during the periods concerned.

11 July 2017 - NW1761

Profile picture: Mbabama, Ms TM

Mbabama, Ms TM to ask the Minister of Justice and Correctional Services

Does (a) he, (b) his Deputy Ministers or (c) any of the heads of entities or bodies reporting to him make use of security services paid for by the State for (i) him/herself, (ii) his/her immediate family members or (iii) any of their staff members; in each case (aa) what are the reasons for it, (bb) from which department or entity’s budget is the security services being paid, and (cc) what are the relevant details?

Reply:

a) and b) My security arrangements and those of the Deputy Minister of Justice and Constitutional Development, as well as the Deputy Minister of Correctional Services remain the responsibility of the South African Police Service (SAPS) in terms of the Ministerial Handbook.

c) The response in respect of the heads of entities or bodies reporting to the me is as follows:

  1. The Chief Justice, Deputy Chief Justice and the Judge Presidents do make use of security services paid for by the State through South African Police Service as required in terms of the Ministerial Handbook.
  2. National Prosecuting Authority – The National Director of Public Prosecution make use of services paid for by the State through the South African Police Services at the moment.
  3. Legal Aid South Africa – The Head of Legal Aid South Africa does not make use of security services.
  4. Special Investigation Unit – The Head of the Special Investigating Unit does not make use of security services at the moment.
  5. The Director General of the Department of Justice and Constitutional Development does not make use of security services at the moment.
  6. The National Commissioner of Department of Correctional Services does use security services at the State expense.
  7. The Secretary-General for the Office of the Chief Justice does not make use of security services at the moment.

(i) There are no security services that are rendered to the family members on all of the above.

(ii) There are members of the Judiciary, National Prosecuting Authority and some support staff that make use of security services and the services are not extended to family members.

(aa) In all of the above, the reasons for the provision of security services, where applicable, are informed by the threats received due to their legal duties.

(bb) (i) Those members that are indicated in the Ministerial Handbook as stated above, the budget for the provision of the security services required is being paid from the South African Police Service’s budget.

(bb) (ii) The other affected members of the Judiciary, National Prosecuting Authority and supporting staff making use of security services are paid for by the State through the Department of Justice and Constitutional Development.

(bb) (iii) The National Commissioner for the Department of Correctional Services’ security services are paid for by the relevant Department of Correctional Services.

(cc) The relevant details about protection services as indicated above is mainly informed by the heightened threats, risks and vulnerability assessments that are inherent in their legal duties which cannot be ignored in the interest of justice and other constitutional requirements. Therefore, it is advisable that the details pertaining to each member be not disclosed for safety and security reasons. Furthermore, the doctrine of separation of powers dictates consideration in relation to the provision of protection and security services to members of the Judiciary and National Prosecuting Authority.

11 July 2017 - NW1974

Profile picture: Baker, Ms TE

Baker, Ms TE to ask the Minister of Justice and Correctional Services

Has the Special Investigation Unit (SIU) ever conducted any investigations into a certain person (name and details furnished); if so (a) when was the investigation(s) commissioned and (b) what is the current status of the specified investigation(s); (2) whether he will furnish Ms T E Baker with copies of the reports of the investigation(s); if not, why not; if so, by what date?

Reply:

I have been informed by the Head of the Special Investigation Unit that a similar question was posed to the Presidency during May 2017, a copy of which is attached hereto, where-in the SIU answered as follows:

1. It would appear that the Proclamation referred to, issued by the Presidency to commence with investigations, relates to Proclamation R35 of 2008. This Proclamation related to the Mhlatuzi Water Board in Richards Bay, of which Ms Myeni was the Chairperson at the time.

   a) The investigation was proclaimed in 2008.

    b) The investigation was duly completed and the report was submitted to the Presidency in April 2013.

2. The Honourable Member is advised to direct the request to the Office of the Honourable President, for a copy of such Report, as such Reports are neither submitted to nor kept by the Minister of Justice and Correctional Services.

11 July 2017 - NW1894

Profile picture: Matiase, Mr NS

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

Whether (a) his department and (b) each entity reporting to him appointed transaction advisors for tenders in the period 1 January 2012 to 31 December 2016; if so, (i) who were the transaction advisors that were appointed for the tenders, (ii) for which tenders were they appointed, (iii) what was the pricing for the tenders in question and (iv) what amount were the transaction advisors paid?

Reply:

I have been informed that neither the Department of Justice and Constitutional Development and Department of Correctional Services nor its entities reporting to me has appointed transaction advisors for tenders during the period 1 January 2012 to 31 December 2016.

11 July 2017 - NW1805

Profile picture: Matiase, Mr NS

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

Which entities reporting to him (a) have a board in place and (b) do not have a board in place, (i) of those that have a board, (aa) when was each individual board member appointed and (bb) when is the term for each board lapsing and (ii) how many (aa) board members are there in each board and (bb) of those board members of each entity are female; (2) with reference to entities that do not have boards in place, (a) who is responsible for appointing the board and (b) when will a board be appointed?

Reply:

1. The information, in relation to the entities reporting to the Minister of Justice and Correctional Service that have Boards in place, is detailed as follows.

A) LEGAL AID SOUTH AFRICA

(a) Legal Aid South Africa has a Board appointed, in terms of Section 6 (1) of the Legal Aid South Africa Act No. 39 of 2014, by the Minister of Justice and Correctional Services.

(i) (aa) the dates of appointment of the Directors as members of the Board are as follows:

Appointed in terms of which section of the Act

Name

Period of Appointment

   

Start Date

End Date

1.  Section 6(1)(a) of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Chairperson:

Mr Justice D Mlambo

1 March 2016

28 February 2019

2.  Section 6(1)(b) and Section 8 (1) of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014)

Deputy Chairperson:

Mr Justice M Makume

17 October 2017

28 February 2019

3.  Section 6(1)(b)

Seven (7) non-executive members:

  1. Professor Y Vawda;
  1. Mr F Mvundlela;
  1. Ms T Mhlungu;
  1. Ms N Mgadza;
  1. Ms M Naidoo;
  1. Mr M Leseilane; and
  1. Ms A Chowan.

1 March 2016

28 February 2019

4.  Section 6(2)

Two (2) non-executive members to serve as alternative members to the members appointed in terms of Section 6(1)(b):

  1. Ms A Rhoda; and
  1. Mr L Mtshali

1 March 2016

28 February 2019

5.  Section 6(1)(c)

Ms V Vedalankar, ex officio in her capacity as the Chief Executive Officer (CEO)

1 March 2016

Until her period of appointment as CEO expires

6. Section 6(1)(d)

Three (3) executive members

  1. Advocate B Nair;
  1. Mr P Hundermark; and
  1. Mr J Makokoane

1 March 2016

28 February 2019

7. Section 6(2)

One (1) executive member to serve as an alternative member to the members appointed in terms of Section 6(1)(d)

Ms R Hlabatau

1 March 2016

28 February 2019

8.  Section 6(1)(e)

The Director-General: Department of Justice and Constitutional Development or his or her nominee

Advocate PA du Rand (Nominee)

1 March 2016

28 February 2019

(bb) the term of office for the Board members is three (3) years as shown above.

(ii) (aa) The Board of Legal Aid South Africa has a total of fourteen (14) Board Members made up of ten (10) Non-Executive Directors and four (4)

Executive Directors. There are also three (3) Alternative Board Members.

(bb) the Board of Legal Aid South Africa has five (5) females (plus 2 Alternative members).

B. COUNCIL FOR DEBT COLLECTORS

The Council for Debt Collectors has a board or Council Members appointed, in terms of Section 3 of the Debt Collectors Act 1998 (Act No. 114 of 1998), by the Minister of Justice and Correctional Services. The Council, appointed in terms of the Act, consists of ten (10) members, of which three (3) members are females.

The table below provides details of Council Members, i.e. Names, capacity and term of office:

Name

Appointed in terms of which section of the Act

Capacity

Period of Appointment

     

Start Date

Start Date

1. Ms L S Machaba

Section 3(2)(a)

Chairperson

4 March 2015

3 March 2018

2. Ms J Ntshingila

Section 3(2)(b)(i)

Member

4 March 2015

3 March 2018

3. Mr J C Janse van

Rensburg

Section 3(2)(b)(ii)

Member

4 March 2017

3 March 2020

4. Mr B Maseko

Section 3(2)(b(iii)

Member

4 March 2015

3 March 2018

5. Mr A Olivier

Section 3(2)(b)(iii)

Member

4 March 2015

3 March 2018

6. Mr S Lindsay

Section 3(2)(b)(iii)

Member

4 March 2017

3 March 2020

7. Mr M Lamola

Section 3(2)(b)(iii)

Member

4 March 2015

3 March 2018

8. Adv. P A du Rand

Section 3(2)(b)(iv)

Member

4 March 2015

3 March 2018

9. Mr C Senzani

Section 3(2)(b)(iv)

Member

4 March 2017

3 March 2020

10. Ms M M Viljoen

Section 3(2)(b)(v)

Member

4 March 2015

3 March 2018

C. SOUTH AFRICAN LAW REFORM COMMISSION

(a) (i) The South African Law Reform Commission (SALRC) is one of the entities reporting to the Minister of Justice and Correctional Services which has a Board/Commission in place.

Appointed in terms of which Section of the Act

Name of Members Appointed

Capacity

Period of Appointment

     

Start Date

End Date

Section 2(2) of the South African Law Reform Commission Act 19 of 1973

Judge Jody Kollapen of the Gauteng North Division of the High Court

Chairperson

April 2015

September 2018

 

Professor V Jaichand (WITS)

Member

September 2013

September 2018

 

Advocate M Sello (Practicing Advocate)

Member                            

September 2013

September 2018

 

Mr IBW Lawrence (Practicing Attorney)

Member

September 2013

September 2018

 

Ms NT Siwendu (Practicing Attorney)

Member

September 2013

September 2018

 

Professor Annet Wanyana Oguttu (UNISA)

Member

January 2015

September 2018

 

Professor Marita Carnelly (UKZN)

Member

January 2015

September 2018

(ii) The Board of the SALRC consists of seven members, and four (4) of the

Commissioners are females.

D. RULES BOARD FOR COURTS OF LAW

(1)(a) The Rules Board is accountable to the Minister in terms of the Act, and has a

Board in place. The table below provides further details in respect to the members and term of office:

Appointed in terms of which Section of the Act

Name of Members Appointed

Capacity

Period of Appointment

     

Start Date

End Date

In terms of Section 3 of the Rules Board for Courts of Law Act of 1985 (Act No. 107 of 1985)

  1. Judge SA Majiedt
  1. Judge FE Mokgohloa
  1. Ms Jakkie Wessels
  1. Mr Patrick Hundermark
  1. Ms Nosidima Ndlovu
  1. Adv McCaps Motimele SC
  1. Adv. Paul Farlam, SC
  1. Adv. Anthea Platt SC
  1. Prof. Mohamed Paleker
  1. Mr Graham Bellairs (LSSA)
  1. Mr Mashudu Kutama (LSSA)
  1. Mr Asif Essa (Alternate: LSSA)
  1. Mr Rodney Isaacs (DoJ&CD)
  1. Ms Elmarie de Klerk (Magistracy)

Chairperson

Vice- Chairperson

Member

Member

Member

Member

Member

Alternate Member

Member

Member

Member

Alternate

Member

Member

Member

01 January 2012

6 March 2017

01 January 2012

01 January 2012

01 September 2014

01 January 2012

01 January 2012

01 January 2012

01 January 2012

01 January  2012

01 September 2014

01 September 2014

1 January 2015

1 January 2012

31 December 2017

6 March 2022

31 December 2017

31 December 2017

31 August 2019

31 December 2017

31 December 2017

31 December 2017

31 December 2017

31 December  2017

31 August  2019

31 August 2019

31 December 2020

31 December 2017

(ii) There are twelve (12) Board members plus 2 alternates, in the Rules Board for Courts of Law, five (5) of the members are females.

E. SOUTH AFRICAN BOARD FOR SHERIFFS

Appointed in terms of which Section of the Act

Name of Members Appointed

Capacity

Period of Appointment

     

Start Date

End Date

In terms of section 9(2) (a) of the Sheriffs Act, 1986 (Act No. 90 of 1986)

Mrs C Mabuza (Sheriff)

Ms P Roodt (Sheriff)

Ms Nomajwara Soga (Sheriff)

Ms Mmathotho Lephadi (Sheriff)

Mr Ignatius Klynsmith (Sheriff)

Chairperson

Member

Member

Member

Member

1 March 2015

1 March 2015

1 March 2015

1 March 2015

1 March 2015

28 February 2018

28 February 2018

28 February 2018

28 February 2018

28 February 2018

In terms of section 9(2) (b) of the Sheriffs Act, 1986 (Act No. 90 of 1986)

Advocate Hishaam Mohamed

Mr Thamsanqa Tembe Sec. 9(2)(c)

Mr Lesiba Mashapa Sec. 9(2)(d)

Prof. Lovell Fernandez Sec 9(2)(e)

Mr Meko Magida Sec. 9(2)(e)

Ms Khunjulwa Sigenu Sec 11(2)(a)

Member and Deputy Chairperson

Member

Member

Member

Member

1 March 2015

1 March 2015

1 March 2015

1 March 2015

1 March 2015

14 April 2016

28 February 2018

28 February 2018

28 February 2018

28 February 2018

28 February 2018

28 February 2018

(b) The following entities reporting to me do not have Boards, and no Boards are envisaged to be appointed:

(i) SPECIAL INVESTIGATING UNIT

Due to the critical work that the Special Investigating Unit (SIU) does, the SIU does not have Board as it is a Schedule III Public entity, with the Accounting Authority fulfilling the role of the Board.

For ease of reference, section of the Public Finance Management Act (PFMA) is quoted below:

Section 49 2 (a) & (b) of the PFMA.

“2. if the public entity -

(a) has a board or other controlling body, that board or controlling body is the accounting authority for that entity or

(b) does not have a controlling body, the chief executive officer or the other person in charge of the public entity is the accounting authority for that public entity unless specific legislation applicable to that public entity designates another person as the accounting authority.”

Furthermore, the SIU’s legislation (the Special Investigating Units and Special Tribunals Act, No 74 of 1996) also does not require the establishment or appointment of a Board. Should the SIU want to appoint a Board, this will require amendments to the Act.

The Head of the SIU has informed me that he is of the opinion that if the Standing Committee on Public Accounts (SCOPA) sees the need for a Board to be established, it can advise, and the recommendation will be considered.

11 July 2017 - NW1606

Profile picture: Matiase, Mr NS

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

Whether, in light of the Constitutional Court ruling in 2011 that the practice of repossessing homes without having the claims tested by a judge is illegal and the allegedly looming fifth eviction of Ernest Mashaba and his family from a fully paid-up house by a certain bank (name furnished), his department has intervened to ensure the illegal repossession of the house does not take place?

Reply:

It is not the responsibility of the Department of Justice and Constitutional Development to approach individuals whose Human Rights have been allegedly violated and to take up litigation on their behalf.  Bodies such as Legal Aid South Africa and the Human Rights Commission are there to provide assistance to such individuals.

The Legal Aid South Africa (SA) has informed me that the Legal Aid SA has no records showing receipt of an application for legal aid relating to Mr Mashaba’s matter. The particulars of Mr Mashaba’s case came to Legal Aid SA’s attention when the GroundUp article of 29 May 2017 was published. Legal Aid SA has made contact with the Lungelo Letho Human Rights Foundation (LLHRF), the organization currently assisting Mr. Mashaba, to obtain his contact details and/or for LLHRF to facilitate contact with Mr. Mashaba. Legal Aid SA will consult with Mr. Mashaba, if he agrees to accept Legal Aid SA’s assistance, in order to obtain the relevant and necessary information where after assessment of what legal assistance can be rendered to ensure compliance with the Constitution and the relevant laws applicable to this matter and thereby ensure that Mr Mashaba’s rights are protected. Current Legal Aid Policy only permits assistance in civil matters where the matter has reasonable prospects of success based on all available evidence.

 

 

The Secretary-General of the Office of Chief Justice has furthermore informed me that following the Constitutional Court case of Gudwana v Steko Development CC, Case No: CCT44/10 delivered on 11 April 2011, in terms of which the Court ruled that it is unconstitutional for a Registrar of a High Court to declare immovable properties specially executable when ordering default judgment under Rule 31(5) of the Uniform Rules of Court to the extent that this permits the sale in execution of the home of a person, All the divisions of High Court issued Practice Notes to the effect that applications for an order declaring primary residence specially executable should only be heard by the court and not by the Registrar.

23 June 2017 - NW1559

Profile picture: Hoosen, Mr MH

Hoosen, Mr MH to ask the Minister of Justice and Correctional Services

Whether there (a) is currently and/or (b) was a moratorium on the appointment of staff in his department in the past three financial years; if so, (i) what are the reasons for this and (ii) from which date has this been the case?

Reply:

(a) and (b) Yes, the Department of Justice and Constitutional Development is in the current financial year (2017/2018) not making appointments to all vacant permanent posts on its establishment, subject to the outcome of a critical post evaluation process mentioned in (i) hereunder. Since August 2016 (previous financial year - 2016/2017) the Department has not made appointments to vacant permanent posts on its establishment, save for one or two exceptions. There was no “moratorium” on the appointment of staff in the Department in the 2015/2016 and 2014/2015 financial years

(i) The reason for the moratorium is due to cuts in the budget item for compensation of employees, coupled with the additional pressures on the same budget item caused by (amongst others) increases in service benefits (e.g. housing and medical) which were above inflation; without an additional allocation to the Department to cover such increases. The Department has taken this stance in order to avoid possible over-spending on the compensation of employees budget, which is prohibited by the PFMA.

In the meantime, an internal committee has been established, by the Director General to assess the critical nature of each permanent vacant posts within the Department (with a bias towards posts at service points and core business functions); with a view to ensuring funding for that post and initiating the recruitment and selection processes for such identified critical posts.

(ii) Since August 2016.

Office of the Chief Justice

(a) and (b) No, there has not been a moratorium on the filling of posts in the past three years in Office of Chief Justice. Due to budget constraints posts for filling are prioritized according to the available Compensation of Employees (CoE) ceiling.

Department of Correctional Services:

a) No, the department does not have any moratorium.

b) No, the department did not have any moratorium in the last three years. The department however in November 2016 following the announcement of Cost Cutting measures by National Treasury re-priotized the filling of critical posts.

 (i) n/a

  (ii) n/a

23 June 2017 - NW1603

Profile picture: Tlhaole, Mr L S

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

(a) What is the total number of former Azanian People’s Liberation Army combatants who are still in prison, (b) what are their names and (c) in what prisons are they being held?

Reply:

(a), (b) and (c):

The Admission and Release System of the Department of Correctional Services does not provide for the capturing of the political affiliation of inmates and the requested information is therefore not available.

23 June 2017 - NW1577

Profile picture: Motau, Mr SC

Motau, Mr SC to ask the Minister of Justice and Correctional Services

What (a) are the full reasons why the Director of Public Prosecutions (DPP) declined to prosecute the matter(s) under CAS 478/09/2015 lodged at the Polokwane Police Station, (b) is the name of the investigating officer in this matter and (c) is the name of the DPP who declined to prosecute?

Reply:

a) The office of the Director of Public Prosecutions (‘DPP’) in Polokwane declined to prosecute any person in connection with the matter on the premise that there was insufficient evidence to support the allegations levelled by the complainant.

b) (Person details furnished) from the Independent Police Investigative Directorate (‘IPID’), was the investigating officer in the matter.

c) The DPP: Limpopo, (Persons details furnished), declined to prosecute after receiving representations.

23 June 2017 - NW1615

Profile picture: Groenewald, Mr HB

Groenewald, Mr HB to ask the Minister of Justice and Correctional Services

(1)(a) What is the total number of foreign nationals who are currently incarcerated in correctional centres for each specified crime and (b) what is the total number of foreign nationals from (i) Zimbabwe and (ii) Mozambique who are currently incarcerated in correctional centers for each specified crime; (2) what is the annual cost to detain each prisoner in correctional centres; (3) whether he will make a statement on the matter?

Reply:

(1)(a):

CRIME

SENTENCED

REMANDED

TOTAL

AGGRESSIVE CRIMES OTHER

9

11

20

AGRICULTURE/STOCK-BREED/FISHERY/WATER

12

1

13

ASSAULT COMMON

20

48

68

ASSAULT SERIOUS

108

148

256

BURGLARY / HOUSE-BREAKING

225

183

408

CAR THEFT

93

46

139

CRIMES AGAINST THE FAMILY-LIFE

6

12

18

CRIMES AGAINST THE SAFETY OF THE STATE

0

191

191

CRIMES AGAINST THE GOOD ORDER AND SAFETY

132

8

140

CRIMES I.R.O. CONSERVATION

9

3

12

CRIMES I.R.O. HEALTH SERVICES

1

2

3

CRIMES I.R.O. PUBLIC TRANSPORT

1

0

1

CRIMES I.R.O. ROAD TRAFFIC

3

1

4

CRUELTY TO ANIMALS

18

7

25

CULPABLE HOMICIDE

50

5

55

DAMAGE TO PROPERTY

48

91

139

DRIVING UNDER THE INFLUENCE

0

4

4

ECONOMIC CRIMES OTHER

421

224

645

ILLEGAL FOREIGNERS IN THE R.S.A.

1026

354

1380

FRAUD AND FORGERY

164

143

307

GOVERNMENT FINANCE AND INCOME

6

0

6

ILLEGAL TRADE/POSSESION OF GEMSTONES

45

89

134

INDECENT ASSAULT

10

18

28

INTERCOURSE WITH MINOR

1

0

1

KIDNAPPING

4

12

16

MINING/FACTORIES/TRADE/BUSSINES

38

50

88

MURDER

918

359

1277

MURDER ATTEMPTED

245

108

353

OTHER

52

111

163

POSSES/TRADE IN INTOXICATING LIQUOR

0

1

1

POSSES/USE OF DANGEROUS DEPENDENCE-PRODUCING SUBSTANCE

69

54

123

POSSES/USE OF MARIJUANA

63

68

131

POSSES/USE OF PROHIBIT DEPENDENCE-PRODUCING SUBSTANCE

46

111

157

PRISON OFFENCES

0

4

4

VIOLATION OF PAROLE CONDITIONS

21

0

21

RAPE

454

254

708

RAPE ATTEMPTED

15

8

23

RECKLESS/NEGLIGENT DRIVING

1

1

2

ROBBERY AGGRAVATING

1384

495

1879

ROBBERY COMMON

221

417

638

SEXUAL CRIMES OTHER

5

4

9

STOCK-THEFT

63

41

104

THEFT OTHER

934

671

1605

TRADE/CULTIVATE MARIJUANA

99

34

133

TRADE/CULTIVATE OF PROHIBIT DEPENDENCE-PRODUCING SUBSTANCE

28

56

84

TRADING IN DANGEROUS DEPENDENCE-PRODUCING MEDICINE

277

49

326

TOTAL

7345

4497

11842

(1)(b)(i):

ZIMBABWE

CRIME

SENTENCED

REMANDED

TOTAL

AGGRESSIVE CRIMES OTHER

1

3

4

AGRICULTURE/STOCK-BREED/FISHERY/WATER

4

0

4

ASSAULT COMMON

11

31

42

ASSAULT SERIOUS

45

71

116

BURGLARY / HOUSE-BREAKING

84

91

175

CAR THEFT

25

23

48

CRIMES AGAINST THE FAMILY-LIFE

2

4

6

CRIMES AGAINST THE GOOD ORDER AND SAFETY

32

3

35

CRIMES AGAINST THE SAFETY OF THE STATE

0

67

67

CRIMES I.R.O. CONSERVATION

5

0

5

CRIMES I.R.O. HEALTH SERVICES

1

1

2

CRIMES I.R.O. ROAD TRAFFIC

1

0

1

CRUELTY TO ANIMALS

5

2

7

CULPABLE HOMICIDE

12

1

13

DAMAGE TO PROPERTY

17

52

69

DRIVING UNDER THE INFLUENCE

0

2

2

ECONOMIC CRIMES OTHER

183

110

293

ILLEGAL FOREIGNERS IN THE R.S.A.

585

144

729

FRAUD AND FORGERY

71

58

129

GOVERNMENT FINANCE AND INCOME

5

0

5

ILLEGAL TRADE/POSSESION OF GEMSTONES

13

6

19

INDECENT ASSAULT

2

7

9

KIDNAPPING/ MANSTEALING

0

2

2

MINING/FACTORIES/TRADE/BUSINESS

18

25

43

MURDER

312

136

448

MURDER ATTEMPTED

115

47

162

OTHER

18

64

82

POSSES/TRADE IN INTOXICATING LIQUOR

0

1

1

POSSES/USE OF DANGEROUS DEPENDENCE-PRODUCING SUBSTANCE

7

7

14

POSSES/USE OF MARIJUANA

8

6

14

POSSES/USE OF PROHIBIT DEPENDENCE-PRODUCING SUBSTANCE

6

12

18

VIOLATION OF PAROLE CONDITIONS

11

0

11

PRISON OFFENCES

0

1

1

RAPE

100

86

186

RAPE ATTEMPTED

5

3

8

RECKLESS/NEGLIGENT DRIVING

1

1

2

ROBBERY AGGRAVATING

763

269

1032

ROBBERY COMMON

106

236

342

SEXUAL CRIMES OTHER

1

1

2

STOCK-THEFT

9

10

19

THEFT OTHER

436

295

731

TRADE/CULTIVATE MARIJUANA

0

3

3

TRADE/CULTIVATE OF PROHIBIT DEPENDENCE-PRODUCING SUBSTANCE

1

5

6

TRADING IN DANGEROUS DEPENDENCE-PRODUCING MEDICINE

2

4

6

TOTAL

3023

1890

4913

(1)(b)(ii):

MOZAMBIQUE

CRIME

SENTENCED

REMANDED

TOTAL

AGGRESSIVE CRIMES OTHER

6

2

8

AGRICULTURE/STOCK-BREED/FISHERY/WATER

6

1

7

ASSAULT COMMON

4

5

9

ASSAULT SERIOUS

19

21

40

BURGLARY / HOUSE-BREAKING

106

59

165

CAR THEFT

46

17

63

CRIMES AGAINST THE FAMILY-LIFE

1

2

3

CRIMES AGAINST THE GOOD ORDER AND SAFETY

48

1

49

CRIMES AGAINST THE SAFETY OF THE STATE

0

71

71

CRIMES I.R.O. CONSERVATION

2

1

3

CRUELTY TO ANIMALS

10

5

15

CULPABLE HOMICIDE

13

1

14

DAMAGE TO PROPERTY

20

17

37

ECONOMIC CRIMES OTHER

159

54

213

ILLEGAL FOREIGNERS IN THE R.S.A.

275

87

362

FRAUD AND FORGERY

12

13

25

GOVERNMENT FINANCE AND INCOME

1

0

1

ILLEGAL TRADE/POSSESION OF GEMSTONES

19

12

31

INDECENT ASSAULT

2

1

3

KIDNAPPING

2

2

4

MINING/FACTORIES/TRADE/BUSINESS

7

13

20

MURDER

256

55

311

MURDER ATTEMPTED

74

20

94

OTHER

18

23

41

POSSES/USE OF DANGEROUS DEPENDENCE-PRODUCING SUBSTANCE

4

3

7

POSSES/USE OF MARIJUANA

3

4

7

POSSES/USE OF PROHIBIT DEPENDENCE-PRODUCING SUBSTANCE

3

7

10

VIOLATION OF PAROLE CONDITIONS

3

0

3

PRISON OFFENCE

0

2

2

RAPE

141

72

213

RAPE ATTEMPTED

4

3

7

ROBBERY AGGRAVATING

348

79

427

ROBBERY COMMON

60

59

119

SEXUAL CRIMES OTHER

1

0

1

STOCK-THEFT

3

6

9

THEFT OTHER

250

179

429

TRADE/CULTIVATE OF PROHIBIT DEPENDENCE-PRODUCING SUBSTANCE

0

2

2

TRADING IN DANGEROUS DEPENDENCE-PRODUCING MEDICINE

16

3

19

TOTAL

1942

902

2844

(2) The annual cost during 2017/18 per prisoner is estimated to be R133 805.35.

(3) No, the Minister will not make a statement on the matter.

09 June 2017 - NW1493

Profile picture: Marais, Mr S

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

Whether (a) his department and (b) each entity reporting to him procured any services from and/or made any payments to (i) a certain company (name furnished) or (ii) any other public relations firms; if not, in each case, why not; if so, in each case, what (aa) services were procured, (bb) was the total cost, (cc) is the detailed breakdown of such costs, (dd) was the total amount paid, (ee) was the purpose of the payments and (ff) is the detailed breakdown of such payments?

Reply:

(a) The Department of Justice and Constitutional Development (DoJ&CD) has neither procured any services from nor made any payments to:

    (i) Bell Pottinger; and

    (ii) Any other public relations firms

(b) I have been informed that the National Prosecuting Authority, Special Investigating Unit and Legal Aid South Africa have neither procured any services from, nor made payments to Bell Pottinger and any other public relations firms.

(c) The office of the Chief Justice has not procured any services from and made any payments to Bell Pottinger or any other public relations firms.

(d) The Department of Correctional Services, has not procured any services and/or any payments made to Bell Pottinger.

08 June 2017 - NW1375

Profile picture: Horn, Mr W

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

Whether any steps were taken against a certain person (name and details furnished) for granting an application for cellphone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, in the British American Tobacco South Africa matter, without allegedly properly considering the inadequate application; if not, why not; if so, what are the relevant details; 2) whether any steps were taken against the prosecutor in the specified matter for authorising access to cellphone data without allegedly properly considering the inadequate application; if not, why not; if so, what are the relevant details?

Reply:

1. No. I have been informed that the Magistrates Commission has not received any formal complaint against the Magistrate.

2. No steps were considered necessary, as the prosecutor was not deemed to have breached any guidelines or legal prescripts. Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.

The prosecutor also considers the affidavit before submitting it to the judicial officer, who is the final and independent arbiter on the application. There are thus three safeguards, in addition to the processes which may follow as part of a criminal prosecution which permits the accused to challenge the admission of evidence.

06 June 2017 - NW1373

Profile picture: Breytenbach, Adv G

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

What safeguards have been put in place to ensure that, pending the revision of the relevant legislation, current applications for cellphone data submitted in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are (a) limited to the essential information only and (b) submitted in that form and not expanded to include information or data not authorised by the relevant magistrate or judge; 2) whether the relevant authorising magistrates and judges received any training regarding the consideration and granting of such applications in each of the past three financial years; if not, in each case, why not; if so, what are the relevant details in each case; 3) what is the total number of (a) applications for cellphone data in terms of section 205 of the specified Act were made to (i) prosecutors, (ii) judges, (iii) regional magistrates and (iv) magistrates in the specified period and (b) the specified applications that were (i) granted and (ii) declined in each case

Reply:

1.Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.

The prosecutor also considers the affidavit before submitting it to the judicial officer, who is the final and independent arbiter on the application. The Magistrate considers the application based on the affidavit but may also request that further information be provided and order that information not relevant to the case should not be used for any purpose There are thus three safeguards, in addition to the processes which may follow as part of a criminal prosecution which permits the accused to challenge the admission of evidence.

2. Yes. I have been informed that judges and magistrates receive continuous training and that applications in terms of section 205 of the Criminal Procedure Act resorts under the Criminal Law and Procedure Curriculum of the South African Judicial Education Institute.

3. No specified period was included in the question. It should be noted that the National Prosecuting Authority does not specifically require prosecutors to record the number of applications for cell phone data, and whether or not these were successful.

06 June 2017 - NW1372

Profile picture: Breytenbach, Adv G

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

Whether any processes and procedures have been put in place following the judgments handed down in the (a) British American Tobacco Company case and (b) Agliotti case in the Western Cape Division to ensure that the abuses identified in section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are not repeated or perpetuated; if not, in each case, (i) why not and (ii) by what date will steps be taken in this regard; if so, what are the relevant details in each case?

Reply:

There are no additional procedures and processes that have been put in place following the remarks made in the judgments of the British American Tobacco Company and Agliotti cases.

The existing processes as prescribed in section 205 of the Criminal Procedure Act, Act No. 51 of 1977 provide sufficient safeguards, as per the reply to question 1373.

(i) Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit. The prosecutor also considers the affidavit before submitting it to the judicial officer, who is the final and independent arbiter on the application. There are thus three safeguards, in addition to the processes which may follow as part of a criminal prosecution which permits the accused to challenge the admission of evidence.

(ii) Not applicable

06 June 2017 - NW1375

Profile picture: Horn, Mr W

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

Whether any steps were taken against a certain person (name and details furnished) for granting an application for cellphone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, in the British American Tobacco South Africa matter, without allegedly properly considering the inadequate application; if not, why not; if so, what are the relevant details; 2) whether any steps were taken against the prosecutor in the specified matter for authorising access to cellphone data without allegedly properly considering the inadequate application; if not, why not; if so, what are the relevant details?

Reply:

1. No. I have been informed that the Magistrates Commission has not received any formal complaint against Magistrate HJ Venter.

2. No steps were considered necessary, as the prosecutor was not deemed to have breached any guidelines or legal prescripts. Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.

 

05 June 2017 - NW1374

Profile picture: Horn, Mr W

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

(a) What is the total number of applications for cellphone data in terms of section 19 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002, that were submitted in the period 1 January 2014 to 31 March 2017 and (b) of the specified applications, what is the total number that was (i) granted and (ii) declined in each case?

Reply:

a) I have been informed that the total number of applications for cellphone data in terms of Section 19 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002 that were submitted in the period 1 January 2014 to 31 March 2017 is 866.

b) (i) Granted: 866

(ii) Declined: 0

05 June 2017 - NW1371

Profile picture: Breytenbach, Adv G

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

Whether his department is in the process of revising (a) the Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002 and (b) any other interception legislation; if not, what is the position in each case; if so, what progress has been made in each case; 2) whether each process is inclusive of a revision of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended; if not, in each case, why not; if so, what are the relevant details in each case?

Reply:

1. (a) Yes.

    (b) The Regulation of Interception of Communications and Provision of

Communication–related Information Act (RICA), 2002 (Act No. 70 of 2002) has been earmarked for revision and appropriate amendments. This is as a result of a number of requests for amendments that have been received from various quarters and also as a result of concerns regarding the implementation of the RICA which have been brought to the attention of the Department. These requests relate, among others, to the following:

  1. the need to enhance governance, transparency and accountability mechanisms in order to oversee the interception of communications;
  2. the need to give further consideration to the compulsory registration of SIM-cards and the regulation thereof; and
  3. the broadening of RICA to cater for the combatting of cybercrime, making provision for other forms of electronic surveillance and regulating the use of remote access tools to investigate crime.

The Department is still in an investigative and initial drafting phase. A draft Bill is not yet available. Discussions with some of the law enforcement agencies regarding certain proposed amendments are under way. Public consultation will follow once the Department has processed the draft Bill through the required internal processes.

2. Yes. Section 15 of the RICA deals with the availability of other procedures for obtaining real-time or archived communication-related information. In terms of this section, the availability of the procedures in respect of the provision of real-time or archived communication-related information provided for in sections 17 and 19 of the RICA (applications to the interception judge for real-time communication-related and archived communication related-directions) does not preclude obtaining such information in respect of any person in accordance with a procedure prescribed in any other Act. However, in terms of section 15 of the RICA any real-time or archived communication-related information which is obtained in terms of such other Act may not be obtained on an ongoing basis.

In this regard, section 205 of the Criminal Procedure Act (CPA), 1977 (Act No. 51 of 1977) is relevant. Section 205 of the CPA deals with the power of a judge, regional court magistrate or magistrate, upon the request of a Director of Public Prosecutions (DPP) or a public prosecutor authorized thereto by the DPP, to require the attendance before a judge, regional court magistrate or magistrate, for examination by the DPP or the public prosecutor authorized thereto by the DPP, of any person who is likely to give material or relevant information as to any alleged offence, whether or not it is known by whom the offence was committed. If such person furnishes that information to the satisfaction of the DPP or the public prosecutor concerned prior to the date on which he or she is required to appear before a judge, regional court magistrate or magistrate, he or she is under no further obligation to appear before a judge, regional court magistrate or magistrate.

The Department is aware of concerns relating to the application of section 205 of the CPA in order to obtain real-time or archived communication-related information. Since section 205 of the CPA can be used to obtain material and relevant information regarding any alleged offence and not only information relating to communication as provided for in the RICA, the Department will consider amendments to section 15 of the RICA together with the amendments referred to in question 1 above.

31 May 2017 - NW1225

Profile picture: Motau, Mr SC

Motau, Mr SC to ask the Minister of Justice and Correctional Services

Whether (a) his department and (b) each entity reporting to him has (i) procured any services from and/or (ii) made any payments to the Decolonisation Foundation; if not, in each case, what is the position in this regard; if so, what (aa) services were procured, (bb) were the total costs, (cc) is the detailed breakdown of the costs, (dd) was the total amount paid, (ee) was the purpose of the payments and (ff) is the detailed breakdown of the payments in each case?

Reply:

a) The Department of Justice and Constitutional Development has neither procured any services from Decolonisation Foundation nor made any payment to Decolonization Foundation

Currently, in the context of its mandate, the Department does not anticipate any dealings or engagement with the Foundation.

b) The National Prosecuting Authority, Special Investigating Unit and Legal Aid South Africa have informed me that they have neither procured anything from, nor made any payments to the Decolonization Foundation.

c) The office of the Chief Justice has not conducted any business with the Decolonization Foundation.

d) The Department of Correctional Services has not conducted any business with the Decolonization Foundation.

29 May 2017 - NW1140

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Justice and Correctional Services

Whether the National Prosecuting Authority (NPA) has received a case for prosecution from the SA Police Service (SAPS) with regard to its investigation into the break-in at the Office of the Chief Justice on 18 March 2017; if so, (a) on what date, (b) what progress has been made to date and (c) what are the further relevant details; 2) (a) whether the NPA is assisting the SAPS in its investigation of the specified break-in; if so, what are the relevant details?

Reply:

1. (a) The police has submitted the docket to the prosecution on 9 May 2017.

(b) There is still a considerable amount of investigation outstanding, and further investigation is currently underway.

(c) Due to the fact that there is still a lot of investigation outstanding, on 17 May 2017 the prosecution postponed the matter in court to 11 July 2017, to allow further investigation. The accused were released on bail.

2. The prosecutor examined the docket and provided further guidance for police investigation.

19 May 2017 - NW1039

Profile picture: Stander, Ms T

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

On which dates has the Department of Basic Education (DBE) requested assistance from his department to obtain the sexual offenders list; 2) Did his department assist in this regard; if not, why not; if so, how?

Reply:

1. No, the Department of Basic Education has not requested assistance from the Department of Justice and Constitutional Development (DoJ&CD) to obtain the list of sexual offenders. It must be noted that section 52 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 23 of 2007) requires the confidentiality and non-disclosure of any information contained in the National Register for Sex Offenders (NRSO). The Registrar of the National Register for Sex Offender is only allowed to disclose information from the register upon receipt of an application that gives effect to the provisions of Chapter 6 of the Act or in response to a court order to that effect. No such application or court order has been received by the Registrar concerning the DBE’s request.

2) No, as the Department of Justice & Constitutional Development has not received any application from the Department of Basic Education for the disclosure of certain information contained in the National Register for Sex Offenders. As earlier indicated, the NRSO is kept in a confidential manner, which essentially means that it can only be accessed by way of an application to the Registrar of the National Register for Sex Offenders by the following category of persons:-

(i) a Relevant Authority in terms of section 48(1) of the Act ;

(ii) an employee in respect of her own particulars;

(iii) a person applying for a license or approval to manage or operate any entity -section 47(2) of the Act;

(iv) a person applying to become a foster parent –section 48 (2) of the Act; and

(v) any person applying in respect of his or her own particulars.

It is therefore important to note that should the Department of Basic Education wishes to ascertain whether or not the names of teachers appear in the National Register of Sex Offenders, it must apply to the Registrar of the NRSO for a prescribed certificate, as required by the Act.

 

19 May 2017 - NW957

Profile picture: McLoughlin, Mr AR

McLoughlin, Mr AR to ask the Minister of Justice and Correctional Services

Whether any correctional facility in the country employs private contractors for food catering services; if not, what is the position in this regard; if so, (a) what is the name of each such facility, (b) what is the name of each such facility,, (c) on what basis was each contract awarded, (d) what is the (i) duration and (ii) total cost of each contract and (e) what are the (i) names and (ii) addresses of each catering service contractor?

Reply:

a) what is the name of each such facility

  • Kgoši Mampuru II Management Area
  • Johannesburg Management Area
  • Durban Westville Management Area
  • St Albans Management Area
  • Pollsmoor Management Area
  • Modderbee Management Area
  • Waterval Management Area
  • Krugersdorp Management Area
  • Groenpunt Management Area

(b) what is the name of each such facility,

Kgoši Mampuru II Management Area:

  • Female
  • Central male
  • Local male
  • Maximum male
  • ODI
  • Atteridgeville

Johannesburg Management Area

  • Female
  • Medium A male
  • Medium B male
  • Medium C Male

Durban Westville Management Area

  • Durban Juvenile
  • Female
  • Medium A male
  • Medium B male
  • Medium C male
  • Umzinto

St Albans Management Area

  • Maximum male
  • Medium A male
  • Medium B male
  • Port Elizabeth
  • Patensie

Pollsmoor Management Area

  • Female
  • Admission maximum male
  • Medium A male
  • Medium B male
  • Medium C male

Modderbee Management Area

  • Male
  • Devon male
  • Nigel male

Waterval Management Area

  • Ekuseni
  • Medium A
  • Medium B
  • Utrecht
  • Newcastle

Krugersdorp Management Area

  • Male
  • Youth

Groenpunt Management Area

  • Maximum
  • Medium
  • Youth

(c) on what basis was each contract awarded,

  • All bids received were evaluated and adjudicated per Management Area in accordance with the requirements stipulated in the terms of reference document, the evaluation criteria stipulated in the special conditions of contract and in accordance with the Preferential Procurement Policy Framework Act (PPPFA) and its regulations.
  • The contracts were awarded according to PPPFA Regulations of 2011 paragraph 6. (5) which stipulates the following “Subject to regulation 7, the contract must be awarded to the tenderer who scores the highest total number of points”.
  • The successful bidders scored the highest total number of points on price and BBBEE per Management Area and were awarded as such.

(d) what is the

(i) duration and

  • Thirty six (36) months except for Groenpunt Management Area which is twenty four (24) months.

(ii) total cost of each contract and

  • Kgoši Mampuru II Management Area R79 570 023.17 annual cost (Bosasa Operations (Pty) Ltd
  • Johannesburg Management Area R87 761 625.66 annual cost (Bosasa Operations (Pty) Ltd
  • Durban Westville Management Area R98 116 612.24 annual cost (Bosasa Operations (Pty) Ltd
  • St Albans Management Area R63 212 769.42 annual cost (Bosasa Operations (Pty) Ltd
  • Pollsmoor Management Area R79 184 387.50 annual cost (Bosasa Operations (Pty) Ltd
  • Modderbee Management Area R49 444 048.90 annual cost (Bosasa Operations (Pty) Ltd
  • Waterval Management Area R44 740 885.22 annual cost (Xantium Trading 471 (Pty) Ltd T/A C3 Food Services)
  • Krugersdorp Management Area R25 202 555.15 annual cost (Bosasa Operations (Pty) Ltd
  • Groenpunt Management Area R38 932 371.20 annual cost (Ukweza Holdings (Pty) Ltd

(e) What are the

(i) names and

  • Bosasa Operations (Pty) Ltd
  • Ukweza Holdings (Pty) Ltd
  • Xantium Trading 471 (Pty) Ltd T/A C3 Food Services

(ii) addresses of each catering service contractor?

  • Bosasa Operations (Pty) Ltd: Mogale Business Park, Windsor Road, Luipaardsvlei, Mogale City, 1739, Gauteng
  • Ukweza Holdings (Pty) Ltd: 161 Lynnwood Road, Brooklyn, Pretoria, 0011
  • Xantium Trading 471 (Pty) Ltd T/A C3 Food Services: 1st Floor, Amdec House Steenberg Office Park, Silverwood Close, Tokai, 7945

25 April 2017 - NW926

Profile picture: Mackay, Mr G

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

Whether there is any position of (a) chief executive officer, (b) chief financial officer and/or (c) chief operating officer that is currently vacant in each entity reporting to him; if so, (i) how long has each specified position been vacant and (ii) what is the reason for each vacancy; 2) have the vacancies been advertised; if so, (a) were interviews done and (b) on what date will the vacancies be filled; 3) (a) what is the total number of persons who are currently employed in the specified positions in an acting capacity, (b) for what period has each person been acting in each position and (c) has any of the specified persons applied for the positions?

Reply:

A. South African Human Rights Commission

  1. The position of Chief Executive Officer (CEO) of the South African Human Rights Commission (SAHRC) is currently vacant. The post became vacant on 1 October 2016 as a result of the then CEO’s resignation. The position has been vacant for a period of six (6) months.
  2. The position was advertised on 16 October 2016 in the Sunday Times newspaper and on the SAHRC’s website. The recruitment process could only be commenced in January 2017 after the commencement of the term of office of Commissioners. It is projected for the successful candidate to be appointed effectively from 1 June 2017.
  3. Two employees are currently employed in acting capacities, which have been necessitated by the CEO’s vacancy, namely: the Chief Financial Officer (CFO) as Acting CEO, and Finance Manager as Acting CFO, both from 1 October 2016 to date. The Acting CEO has applied for the CEO’s position.

B) The Legal Aid South

  1. Legal Aid South Africa does not have any position of a Chief Executive Officer, Chief Financial Officer and/or Chief Operating Officer that is currently vacant. These posts were filled as at 31 March 2017.
  2. Not applicable
  3. Not applicable

C) Special Investigating Unit

  1. The Special Investigating Unit (SIU) does not have any vacancy in the positions of the Chief Executive Officer and Chief Financial Officer. The SIU does not have a position of the Chief Operating Officer.
  2. Not applicable
  3. Not applicable

D) Department of Correctional Services

1. (a) Yes

(b) Yes

(c) No

(i) Position of the CEO: Inspecting Judge: Has been vacant since 2011/05/01

COO: Since 2015/02/28

 

CEO Post

(ii) The delay in filling the post is attributed to the demise of Judge Sikweyiya and the process of appointing Judge Westhuizen.

 

COO Post

The Department commenced with a process of reviewing the organizational structure in line with the new service delivery model and as a result the process of filling the post was suspended.

 

2.  CEO: (a) Yes and (b)it is anticipated that it will be filled within 90 days

     COO: No

     CFO: Filled

3. (a) CEO: One person has been appointed in acting capacity

       COO: None

        CFO: Filled

  (b) CEO: 03 years

       COO: None

        CFO: Filled

 (c) CEO: Yes

      COO: None

     CFO: Filled

24 April 2017 - NW843

Profile picture: Selfe, Mr J

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

(1) Was the position of Director: Policy and Research: Remand Detention Systems at the Head Office of his department advertised; if so, (a) on what date was the specified position advertised and (b) where; (2) how many applications were received for the relevant position; (3) (a) how many persons were shortlisted and (b) what are the relevant details of the shortlisted persons, including (i) names, (ii) relevant qualifications and (iii) previous experience; (4) (a) how was the panel that determined the shortlisting constituted and (b) what criteria were used to determine which persons were shortlisted?

Reply:

1. Yes

(a) 27 December 2015

(b) Sunday Times and Departmental website

2. 68 Applications

3 (a) 7

3 (b) Names, relevant qualification and experience are reflected below:

 

 

Name

Relevant Qualification

Previous Experience

1

Mathabathe P M

  • Matric Certificate
  • Master’s Degree in Criminology
  • BA Honours (Penelogy)
  • Diploma in Correctional Services
  • 8 years Deputy Director (Parliament of South Africa)
  • Lecture  University of Fort Hare
  • Research Assistant ( UNISA)

2

Moodley S

  • Matric Certificate
  • Masters in Social Development
  • BA Social Work
  • DCS Management Development Programme
  • 4 years Deputy Director Offender Assessment Directorate Risk Profile Management: Branch incarceration and Corrections (Department of Correctional Services)

3

Naidoo R

  • Matric Certificate
  • Bachelor of Paedogogics (Arts)
  • Bachelor of Education
  • Masters of Arts ( Social Behaviour Studies in HIV/AIDS)
  • Masters Diploma in Human Resource Management
  • Programme in Project Management
  • Department of Correctional Services (1996/04/01-current)
  • Department of Education ( Educator Grade 9-12)

4

Nhlapo TMS

  • Matric Certificate
  • Masters of Development and Management.
  • BA Honours Development & Management
  • National Diploma in Correctional Service Management
  • Certificate in Professional Skill Development
  • Department of Correctional Services ( 1986- to date) Groenpunt Maximum as Centre Coordinator Corrections 2009 - current
  • Groenpunt Maximum Correctional Centre (2005-2009) as Centre Coordinator Operational Support
  • Harrismith Correctional Centre (2001-2005) Head of Correctional Centre

5

Nyongwane JK

  • Matric Certificate
  • B. Com(Business Management and Industrial Psychology)
  • National Diploma in Nursing
  • Department of Correctional Services (2005 to date)as Deputy Director ( Regional Coordinator Health Care Services )
  • 1997- 2005 Assistant Director  Provincial Head Health Care Services in Department of Correctional Services
  • 1990-1997 as Lieutenant in Department of Correctional Services
  • 1981-1990 Custodial officer

6

Pienaar WJ

  • Matric Certificate
  • B-Tech in Correctional Services Management
  • National Diploma in Correctional Services Management
  • Certificate in Project management
  • 2007 to date Department of Correctional Services (Deputy Director Supervision services)
  • July 2002 till 31 October 2007 (Assistant director Correctional Supervision)
  • 01 June1995 till 30 June 2002 Head Monitoring (Acting Head Community Corrections : Port Shepstone Management Area)
  • 01 March 1993 -31 May 1995(Chairperson of Institutional Committee.
  • 01 January 1991 – 28 February 1993 ( Reception /Records Clerk)

7

Serakalala V

  • Matric Certificate
  • BA Honours in Political Science
  • BA in Public Administration and Political Studies
  • 2014 to date Deputy Director: SDI in Department of Correctional Services.
  • 2005 / 2014 Deputy Director Policy Alignment in Department of Correctional Services
  • 2002/2005 Public Relation Officer  at National Council of the Blind

4 (a) The panel was determined based in line with the Public Service Regulation, 2016 and the departmental delegation of authority as follows:

  • Mr W Damons Acting CDC: Remand Detention (Chairperson)
  • Mr E Khoza Acting CDC: Human Resources
  • Ms TM Motlonye DC: Personal Corrections
  • Ms DL Moeketsana HR Practitioner

4 (b) Basic criteria

  • Basic criteria (Application form (Z83, internal) attached, Application form signed, SA Citizen, Criminal Record indication on Z83 or CV. Certification not older than 3 months, copy of certified ID and qualifications, CV attached if Z83 is not fully completed}.
  • Degree in Public/Business Management or equivalent qualification
  • 5 years Middle management experience in a similar environment.
  • Valid driver’s licence (unless PWD)
  • Employment Equity target: African Female, Coloured Females & Indian Female (Level 13)

19 April 2017 - NW878

Profile picture: Figlan, Mr AM

Figlan, Mr AM to ask the Minister of Justice and Correctional Services

With regards to the case number 2013/33571 between the residents of the Angelo informal settlement vs Ekurhuleni Metropolitan Council heard in the Johannesburg High Court, what was the outcome of the court? (2) Will he furnish Mr AM Figlan with a copy of the full judgement?

Reply:

  1. An order for the first and second respondents to vacate the property on or before 01 February 2015 was granted by the Judge on 01 August 2014.
  2. No judgement was handed down in the matter. The record is available at the court.

 

19 April 2017 - NW867

Profile picture: Jooste, Ms K

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

Whether, with reference to his reply to question 203 on 14 March 2017, case number 2016/37284 has been brought before the courts; if not, on what date is the case expected to be heard; if so, (a) what was the outcome of the court case and (b) will he provide Mrs K Jooste with a copy of the court judgment?

Reply:

The matter was enrolled in the Motion roll and heard on the 28 March 2017.

a) The draft order filed by the applicant and agreed to by all parties, was granted by the judge and was made an order of court.

b) There is no judgement handed down in the matter. The order of the court was issued by the judge and provided to the parties on the 28 March 2017.

 

12 April 2017 - NW713

Profile picture: Alberts, Adv A

Alberts, Adv A to ask the Minister of Justice and Correctional Services

Whether, with reference to his reply to question 2718 on 5 January 2017, the Government intends to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR); if not, why not; if so, what timeframe has been set for the process; 2) whether the Government will draft legislation, as prescribed by section 231(4) of the Constitution of the Republic of South Africa, 1996, to put the ICESCR into operation locally once it has been ratified; if so, what are the relevant details (a) in respect of the nature of the legislation foreseen by the Government and (b) regarding when it will be put in place?

Reply:

1. With reference to my recent response to question no. 2718 in this regard, I wish to confirm that the matter is receiving Government’s attention. It is anticipated that the Cabinet will be approached during the current financial year (2017/18) with a recommendation.

2. No. As indicated in my response above, the methodology of using pre-existing legislation to give effect to subsequent treaty obligations was adopted in the case of South Africa’s ratification of the International Covenant on Economic, Social and Cultural Rights (ICESCR). This is in accordance with section 231(4) of the Constitution and widely accepted international practice.

Using this method, the substance of the ICESCR provisions can be deemed to be incorporated and are part of the South African law (if regard is had to relevant pre-existing legislation, regulations and codes on education, water, health, social security, housing, labour, amongst others). Furthermore the Bill of Rights entrenched in Chapter 2 of the Constitution of the Republic of South Africa, 1996, draws its inspiration from the Universal Declaration of Human Rights (1948) and the two United Nations International Covenants on Civil and Political Rights as well as Economic, Social and Cultural Rights.

03 April 2017 - NW667

Profile picture: Baker, Ms TE

Baker, Ms TE to ask the Minister of Justice and Correctional Services

With reference to the Minister of Police’s replies to (a) question 3723 on 2 November 2015, (b) question 62 on 29 February 2016 and (c) oral question 98 on 25 May 2016, (i) what is the current status of the National Prosecuting Authority’s investigation into docket CAS 123/03/2014, opened at the Nkandla Police Station regarding eight charges of corruption against the President, Mr Jacob G Zuma, in terms of the Prevention and Combatting of Corrupt Activities Act, Act 12 of 2004, for his alleged complicity in the alleged misappropriation of public funds to upgrade his personal residence at Nkandla, (ii) which unit is the specified investigation currently with, (iii) what are the names of the persons that have been questioned to date and (iv) by what date is it to be expected that the specified investigation will be finalized?

Reply:

  1. The matter which was investigated by SAPS is still under consideration by the National Prosecuting Authority.
  2. The matter is under consideration of the Priority Crimes Litigation Unit (PCLU) of the NPA.
  3. The names of potential witnesses and persons who have been questioned during the course and scope of this ongoing investigation cannot be disclosed.
  4. It is regrettably not possible to provide a definitive date on which this investigation is expected to be concluded.

 

03 April 2017 - NW693

Profile picture: Grootboom, Mr GA

Grootboom, Mr GA to ask the Minister of Justice and Correctional Services

Did (a) his department or (b) any entity reporting to him participate in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017; if so, what amount was spent in each case; 2) did (a) his department or (b) any entity reporting to him participate in the auction of the (i) souvenirs or (ii) personal belongings of the President of the Republic, Mr Jacob G Zuma; if so, (aa) which items were purchased and (bb) at what cost, in each case?

Reply:

  1. Neither the Department of Justice and Constitutional Development (DoJ&CD) nor its entities (National Prosecuting Authority, Special Investigating Unit, the Office of the Chief Justice and Legal Aid South Africa) and the Department of Correctional Services (DCS) participated in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017.
  2. Neither the Department of Justice and Constitutional Development (DoJ&CD) and the Department of Correctional Services (DCS) nor its entities participated in the auction of the souvenirs or personal belongings of the President of the Republic, Mr Jacob G Zuma.

03 April 2017 - NW637

Profile picture: Horn, Mr W

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

Whether a certain person (details furnished) signed a declaration of interests when he was appointed to the specified position; if not, (a) why not and (b) by what date will the specified person sign a declaration of interests; if so, (2) Did the specified person declare the golf clubs and bag that he received as a gift from a certain person (name furnished); if so, (3) Whether any action has been taken against the specified person for accepting the gift, if not, why not; if so, what are the relevant details?

Reply:

  1. The DPP South Gauteng has duly signed declarations of interest annually, since his appointment to this position in 2011/12, to date.
  2. I am informed that, the person denies claims that he ever received any gifts, including golf clubs and bags, from Mr Brett Kebble. He states that he has never met Mr Kebble.
  3. In light of the response in (2) above, this question does not arise.

31 March 2017 - NW636

Profile picture: Breytenbach, Adv G

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

What is the (a) make, (b) model, (c) price and (d) date on which each vehicle was purchased for the use of the National Director of Public Prosecutions, Mr Shaun Abrahams, since his appointment to the specified position on 18 June 2015?

Reply:

a) Make: Mercedes Benz GLE 350d SUV

b) Model: 2016

c) Price: R1 234 157.97

d) The vehicle was procured on 17 March 2016 via G Fleet as part of the RT57 Government Contract as approved by the Minister of Justice & Correctional Services on 27 January 2016.

31 March 2017 - NW639

Profile picture: Horn, Mr W

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

Whether (a) (Furnished details) and (b) (furnished details) resumed their duties at the National Prosecuting Authority (NPA); if so, (i) on what date did the specified persons resume their duties at the NPA and (ii) what course of action has he advised the President of the Republic, Mr Jacob G Zuma, to take in each case?

Reply:

The National Prosecuting Authority (NPA) informed me that (the persons details furnished) are on special leave and they have not resumed their duties at the NPA. They were granted leave to appeal by the North Gauteng High Court and the President of the Republic communicated in public that he will await the conclusion of the court processes before considering whether any action is necessary. .

 

31 March 2017 - NW638

Profile picture: Horn, Mr W

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

Whether a certain person (name and details furnished) serves on a select committee run under the auspices of the Minister of Police, Mr N P T Nhleko, and the State Security Agency; if so, (a) what amount has the specified person’s involvement in terms of (i) travel and (ii) accommodation expenses cost and (b) who bears these costs; 2) does the specified select committee meet with the President of the Republic, Mr Jacob G Zuma; if so, on what basis; 3) (a) how many flights has the specified person undertaken since his appointment to the specified position, (b) how many of the flights were in business class, (c) who is responsible for the costs of these flights and (d) what amount did these flights cost; 4) (a) what amount was spent on hotel accommodation for the specified person since his appointment and (b) who is responsible for the costs of the accommodation?

Reply:

  1. The National Prosecuting Authority has informed me that the person was seconded to a Reference Group under the auspices of the Secretariat of the Minister of Police during the period 2014 to 2015, with the consent of the Director of Public Prosecutions for South Gauteng, Advocate Andrew Chauke and under former National Director of Public Prosecutions, Mr Mxolisi Nxasana. All costs were covered by the Secretariat of the Police, details of which can be obtained from the aforementioned Secretariat.
  2. The Reference Group did not, at any, stage meet with the Honourable President of the Republic, Mr Jacob G. Zuma.
  3. & (4) The required information is in the possession of the Secretariat of Police from whom same should be requested.

 

31 March 2017 - NW635

Profile picture: Breytenbach, Adv G

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

Whether a criminal charge of rape has been placed on the court roll against a certain person (name and details furnished); if so, how has he advised the President of the Republic, Mr Jacob G Zuma, to proceed in this instance?

Reply:

Neither the National Prosecuting Authority nor the South African Police Services are aware of such a complaint.

27 March 2017 - NW505

Profile picture: Breytenbach, Adv G

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

(a) What is the total budgetary allocation towards the office of the Public Protector’s Back to the People Road Show in the (i) 2016-17 and (ii) 2017-18 financial years and (b) for each year, what are the specific amounts budgeted in respect of (i) travel, (ii) accommodation, (iii) venue and facilities hire, (iv) advertising costs, (v) subsistence and (vi) any other related itemised expenditure?

Reply:

a) The budget allocation for the Public Protector `s Roadshow in the

(i) 2016/2017 financial year is: R1.5 million (for roll-out in all 9 provinces from the Complaints and Stakeholder management unit. From that amount each province was allocated R100 000 specifically for roadshow)

(ii) 2017/18 financial year is: not yet determined, awaiting approval from the National Assembly of the Strategic Plan, Annual Performance Plan and 2017/18 Budget.

b) In 2016/17 the budget was allocated as follows:

 (i) Travel: R200 000 (Flights)

 (ii) Accommodation: R100 000

 (iii) Venue and facilities hire: R900 000

 (iv) Advertising costs: N/A

 (v) Subsistence: R50 000

 (vi) Other: R70 000 (kilometer allowance for use of transport) and R180 000 (catering)