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22 June 2022 - NW794

Profile picture: Graham, Ms SJ

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

(1)What progress has been made to find alternative accommodation for the staff of his department housed at the Al Fallah Towers on the corner of Govan Mbeki and Crawford Avenue in North End, Gqeberha, which houses the Department of Correctional Services on three floors; (2) what action has been taken currently to secure the vehicles of the staff from (a) theft and (b) vandalism; (3) what action has his department of Correctional Services taken to remedy some of the problems identified to them by the Department of Employment and Labour which fall within the day-to-day maintenance function of the Department of Correctional Services; (4) whether there is a deadline for finalising the move from the specified building to new premises for the staff; if not, why not; if so, what are the relevant details

Reply:

1. The request for procurement of alternative accommodation for Gqeberha Community Corrections offices was forwarded to the Department of Public Works and Infrastructure (DPWI) on 19 April 2019. The request was resubmitted to the DPWI on 10 October 2021, after which the DPWI reported that the tender for procurement of alternative accommodation for Gqeberha Community Corrections will be advertised during the month of April 2022.

(2)(a) & (b) The alternative accommodation to be procured will have adequate parking facilities to secure the vehicles from theft and vandalism.

3. The landlord was placed in mora in terms of clause 11of the lease agreement, which resulted in minor refurbishments by the landlord, although full compliance was not achieved. Various engagements were undertaken with DPWI regarding poor condition of the facility and there has been little success in this regard; hence the request for alternative accommodation was submitted.

4. DPWI indicated that the procurement for the alternative office accommodation will be finalised by 30 October 2022, thereafter the relocation will commence. It is anticipated that the relocation will be finalised by 30 January 2023.

END

22 June 2022 - NW1969

Profile picture: Engelbrecht, Mr J

Engelbrecht, Mr J to ask the Minister of Justice and Correctional Service

What (a) are the minimum professional requirements of members serving on parole boards and (b) specific reports must be considered by parole boards in determining whether parole should be granted or not?

Reply:

(a) The minimum requirements for the position of parole board Chairperson is a recognised and appropriate NQF level 07 qualification in any Criminal Justice field, Social Sciences or related. Five (05) years of experience in management or decision making position. He/She is required to have demonstrable experience of and ability to conduct effective evidence-based decision making, weighing facts and evidence, analysing and critically evaluating large volumes of complex information and identifying key issues, within tight deadlines and working on own initiative.

Demonstrable independence of mind and sound judgment, with the ability to make evidence based decisions that are accurately documented. Excellent interpersonal skills, the ability to gain respect and maintain rapport through effective communication and influencing skills with the confidence to challenge opinions where necessary, work collegiately and resolve differences to reach sound decisions.

The member should uphold corporate and personal integrity standards and conduct, such as a strong commitment to fairness, time management skills, organisational and administrative skills, strong personal motivation and commitment to professional self-development. Traceable experience of any aspect of the criminal justice system and understanding of the importance of the victim’s perspective.

The Vice-Chairperson is required to possess a recognised and appropriate NQF level 07 qualification in any Criminal Justice field, Social Sciences or related. Proven three (03) years supervisory role or community leadership experience as well as active involvement in community-based structures. Commitment to a corruption free administration. Good standing with the community with extensive life experience. Proven special interest in the Criminal Justice System as well as understanding of the importance of the victim’s perspective.

The Community Member is required to possess a NQF level 6 qualification in one of the following fields: Criminal Justice, Community Development, Social Science, Policing or Human Rights related field. Five (05) years’ experience in community development work and/or Criminal Justice. Previous experience in a decision making capacity is advantageous.

(b) In line with Section 42 (2)(d) of Correctional Services Act 111 of 1998, the Case Management Committee (CMC) is required to submit a report, together with the relevant documents, to the Correctional Supervision and Parole Board regarding the offence for which the offender is sentenced including the judgement. The report referred to should contain the previous criminal record of such offender including the record of conduct, disciplinary, adaptation, training, aptitude, industry, physical and mental state of such offender.

The likelihood of a relapse into crime and the risk posed to the community including the manner in which this risk can be reduced and assessment results with the progress in relation to the correctional sentence plan are also required as part of the report.

A report on the possible placement of an offender under correctional supervision in terms of a sentence is provided for in section 276 (1) (i) or 287 (4) (a) of the Criminal Procedure Act (CPA), or in terms of the conversion of such offender’s sentence into correctional supervision under section 276A (3) (e) (ii) or 287 (4) (b) of the said Act, and the conditions for such placement: the possible placement of such sentenced offender on day parole, parole or medical parole, and the conditions for such placement.

A certified copy of the offender’s identity document and, in the case of a foreign national, a report from the Department of Home Affairs (DHA) on the residential status of such offender are a requirement.

END.

22 June 2022 - NW292

Profile picture: Yako, Ms Y

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

What (a) is the current state of overcrowding in correctional centres and (b) are the relevant details of overcrowding in each prison?

Reply:

a) The state of overcrowding in correctional centres as at 01 February 2022 was 27.41% above the approved bed space.

The table below reflects the level of overcrowding per region:

NATIONAL INMATE POPULATION

INMATE POPULATION: 01 FEBRUARY 2022

REGION

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

EASTERN CAPE

12583

19986

158.83%

58.83%

GAUTENG

23632

31989

135.36%

35.36%

KWAZULU-NATAL

18759

21743

115.91%

15.91%

LIMPOPO, MPUMALANGA & NORTH WEST

18643

21821

117.05%

17.05%

FREE STATE & NORTHERN CAPE

19202

19005

98.97%

-1.03%

WESTERN CAPE

18017

26677

148.07%

48.07%

NATIONAL

110836

141221

127.41%

27.41%

(b) The tables below reflect the relevant details of overcrowding in each prison:

REGION: EASTERN CAPE (EC)

INMATE POPULATION: 01 FEBRUARY 2022

CORRECTIONAL CENTRE

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

FORT BEAUFORT

153

40

26.14%

-73.86%

GRAHAMSTOWN

281

508

180.78%

80.78%

KING WILLIAM's TOWN

275

797

289.82%

189.82%

MIDDLEDRIFT

590

1096

185.76%

85.76%

STUTTERHEIM

44

58

131.82%

31.82%

EAST LONDON MED. A

780

1330

170.51%

70.51%

EAST LONDON MED. B

480

1008

210.00%

110.00%

EAST LONDON MED. C

342

232

67.84%

-32.16%

MDANTSANE

697

1296

185.94%

85.94%

GRAAFF-REINET

70

143

204.29%

104.29%

JANSENVILLE

34

24

70.59%

-29.41%

KIRKWOOD

712

766

107.58%

7.58%

SOMERSET-EAST

122

156

127.87%

27.87%

BIZANA

48

158

329.17%

229.17%

ELLIOTDALE

50

26

52.00%

-48.00%

FLAGSTAFF

54

132

244.44%

144.44%

LUSIKISIKI

122

352

288.52%

188.52%

MOUNT AYLIFF

72

137

190.28%

90.28%

MOUNT FLETCHER

118

196

166.10%

66.10%

MOUNT FRERE

52

106

203.85%

103.85%

MQANDULI

70

110

157.14%

57.14%

NQGELENI

85

137

161.18%

61.18%

TABANKULU

51

32

62.75%

-37.25%

MTHATHA REMAND

607

1121

184.68%

84.68%

MTHATHA MEDIUM

672

1518

225.89%

125.89%

BARKLY-EAST

69

100

144.93%

44.93%

BURGERSDORP

220

476

216.36%

116.36%

BUTTERWORTH

130

336

258.46%

158.46%

COFIMVABA

99

28

28.28%

-71.72%

CRADOCK

319

352

110.34%

10.34%

DODRECHT

114

130

114.04%

14.04%

ENGCOBO

75

145

193.33%

93.33%

IDUTYWA

82

154

187.80%

87.80%

LADY FRERE

51

69

135.29%

35.29%

MIDDELBURG

351

493

140.46%

40.46%

NQAMAKWE

53

69

130.19%

30.19%

QUEENSTOWN

129

343

265.89%

165.89%

SADA

318

424

133.33%

33.33%

STERKSPRUIT

64

74

115.63%

15.63%

WILLOWVALE

44

92

209.09%

109.09%

ST ALBANS MAX.

1322

1962

148.41%

48.41%

ST ALBANS MED.A

686

1234

179.88%

79.88%

ST ALBANS MED.B

861

1243

144.37%

44.37%

PATENSIE

425

344

80.94%

-19.06%

PORT ELIZABETH

590

439

74.41%

-25.59%

REGION: GAUTENG (GP)

INMATE POPULATION: 01 FEBRUARY 2022

CORRECTIONAL CENTRE

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

BAVIAANSPOORT MAX

360

554

153.89%

53.89%

BAVIAANSPOORT MED

649

829

127.73%

27.73%

EMTHONJENI

192

172

89.58%

-10.42%

BOKSBURG MED A

2062

2433

117.99%

17.99%

BOKSBURG JUVENILES

271

318

117.34%

17.34%

HEIDELBERG MALE

517

642

124.18%

24.18%

JOHANNESBURG MED A

2468

5234

212.07%

112.07%

JOHANNESBURG MED B

1499

2216

147.83%

47.83%

JOHANNESBURG MED C

307

401

130.62%

30.62%

JOHANNESBURG FEMALE

711

866

121.80%

21.80%

KRUGERSDORP

1466

2180

148.70%

48.70%

LEEUWKOP MAX

688

1069

155.38%

55.38%

LEEUWKOP MED A

954

810

84.91%

-15.09%

LEEUWKOP MED B JUVENILE

673

640

95.10%

-4.90%

LEEUWKOP MED C

601

868

144.43%

44.43%

MODDERBEE

2309

3305

143.14%

43.14%

DEVON

347

188

54.18%

-45.82%

NIGEL

310

365

117.74%

17.74%

KGOŠI MAMPURU II MAX

294

277

94.22%

-5.78%

KGOŠI MAMPURU II LOCAL

2306

2944

127.67%

27.67%

KGOŠI MAMPURU II CENTRAL

1514

2010

132.76%

32.76%

KGOŠI MAMPURU II FEMALE

132

184

139.39%

39.39%

ODI

861

977

113.47%

13.47%

ATTERIDGEVILLE

546

532

97.44%

-2.56%

ZONDERWATER MED A

825

1062

128.73%

28.73%

ZONDERWATER MED B

770

913

118.57%

18.57%

REGION: KWAZULU NATAL (KZN)

INMATE POPULATION: 01 FEBRUARY 2022

CORRECTIONAL CENTRE

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

DBN MED A

2202

2900

131.70%

31.70%

DBN MED B

1936

3067

158.42%

58.42%

DBN MED C

552

814

147.46%

47.46%

DBN FEMALE

230

320

139.13%

39.13%

DBN YOUTH

732

273

37.30%

-62.70%

UMZINTO

378

197

52.12%

-47.88%

INGWAVUMA

71

50

70.42%

-29.58%

MTUNZINI

84

100

119.05%

19.05%

STANGER

81

72

88.89%

-11.11%

MAPHUMULO

44

47

106.82%

6.82%

ESHOWE

459

586

127.67%

27.67%

EMPANGENI

276

260

94.20%

-5.80%

QALAKABUSHA

1638

1713

104.58%

4.58%

GLENCOE

497

478

96.18%

-3.82%

DUNDEE

82

104

126.83%

26.83%

POMEROY

78

21

26.92%

-73.08%

LADYSMITH

307

599

195.11%

95.11%

BERGVILLE

24

25

104.17%

4.17%

GREYTOWN

57

76

133.33%

33.33%

ESTCOURT

513

503

98.05%

-1.95%

KRANSKOP

59

120

203.39%

103.39%

EBONGWENI

1536

518

33.72%

-66.28%

PORT SHEPSTONE

180

155

86.11%

-13.89%

KOKSTAD MED

345

426

123.48%

23.48%

MATATIELE

70

78

111.43%

11.43%

UMZIMKULU

0

0

0.00%

0.00%

NONGOMA

46

47

102.17%

2.17%

NCOME MED A

534

770

144.19%

44.19%

NCOME MED B

724

851

117.54%

17.54%

MELMOTH

44

52

118.18%

18.18%

VRYHEID

244

342

140.16%

40.16%

NKANDLA

36

36

100.00%

0.00%

PMB MED A

1493

3087

206.76%

106.76%

PMB MED B

328

364

110.98%

10.98%

SEVONTEIN

823

844

102.55%

2.55%

NEW HANOVER

110

147

133.64%

33.64%

IXOPO

79

96

121.52%

21.52%

WATERVAL MED A

608

661

108.72%

8.72%

WATERVAL MED B

359

470

130.92%

30.92%

UTHRECT

38

35

92.11%

-7.89%

NEWCASTLE

254

395

155.51%

55.51%

EKUSENI

608

44

7.24%

-92.76%

REGION: LIMPOPO, MPUMALANGA AND NORTH WEST (LMN)

INMATE POPULATION: 01 FEBRUARY 2022

CORRECTIONAL CENTRE

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

BARBERTON MAX

795

1263

158.87%

58.87%

BARBERTON MED A

154

0

0.00%

-100.00%

BARBERTON MED B

655

928

141.68%

41.68%

BARBERTON TOWN

334

301

90.12%

-9.88%

LYDENBURG

82

82

100.00%

0.00%

NELSPRUIT

757

1086

143.46%

43.46%

BETHAL

765

936

122.35%

22.35%

GELUK

0

0

0.00%

0.00%

VOLKRUST

198

242

122.22%

22.22%

PIET RETIEF

245

351

143.27%

43.27%

ERMELO

499

622

124.65%

24.65%

STANDERTON

1462

718

49.11%

-50.89%

KLERKSDORP

1136

1314

115.67%

15.67%

POTCHEFSTROOM

636

721

113.36%

13.36%

CHRISTIANA

112

107

95.54%

-4.46%

WOLMARANSTAD

101

125

123.76%

23.76%

POLOKWANE

480

856

178.33%

78.33%

MODOMOLLE

315

526

166.98%

66.98%

TZANEEN

501

426

85.03%

-14.97%

ROOIGROND MED A

645

884

137.05%

37.05%

ROOIGROND MED B

249

367

147.39%

47.39%

MAFIKENG

100

64

64.00%

-36.00%

LICHTENBURG

264

262

99.24%

-0.76%

ZEERUST

140

160

114.29%

14.29%

BRITS

0

0

0.00%

0.00%

LOSPERFONTEIN

792

756

95.45%

-4.55%

MOGWASE

396

555

140.15%

40.15%

RUSTENBURG MED A

555

519

93.51%

-6.49%

RUSTENBURG MED B

152

97

63.82%

-36.18%

THOHOYANDOU MED A

685

955

139.42%

39.42%

THOHOYANDOU MED B

217

709

326.73%

226.73%

FEMALE & YOUTH

124

212

170.97%

70.97%

MAKHADO

303

626

206.60%

106.60%

KUTAMA SINTHUMULE

3024

3024

100.00%

0.00%

BELFAST

54

50

92.59%

-7.41%

CAROLINA

109

81

74.31%

-25.69%

MIDDLEBURG

287

344

119.86%

19.86%

WITBANK

1320

1552

117.58%

17.58%

REGION: FREE STATE AND NORTHERN CAPE (FSNC)

INMATE POPULATION: 01 FEBRUARY 2022

CORRECTIONAL CENTRE

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

COLESBERG

153

214

139.87%

39.87%

DE AAR MALE

265

244

92.08%

-7.92%

HOPETOWN

40

57

142.50%

42.50%

RICHMOND

39

41

105.13%

5.13%

VICTORIA WEST

81

100

123.46%

23.46%

GOEDEMOED A

769

368

47.85%

-52.15%

GOEDEMOED B

566

254

44.88%

-55.12%

BETHULIE

42

66

157.14%

57.14%

EDENBURG

92

44

47.83%

-52.17%

FAURESMITH

28

20

71.43%

-28.57%

ZASTRON

59

8

13.56%

-86.44%

GROENPUNT MAX

1531

1836

119.92%

19.92%

GROENPUNT MED

687

528

76.86%

-23.14%

GROENPUNT YOUTH

227

134

59.03%

-40.97%

FRANKFORT

61

93

152.46%

52.46%

HEILBRON

51

68

133.33%

33.33%

PARYS

68

85

125.00%

25.00%

SASOLBURG

310

390

125.81%

25.81%

VEREENIGING

739

1069

144.65%

44.65%

GROOTVLEI A

806

1693

210.05%

110.05%

GROOTVLEI B

237

242

102.11%

2.11%

BRANDFORT

146

19

13.01%

-86.99%

BOSHOF

56

47

83.93%

-16.07%

LADYBRAND

43

40

93.02%

-6.98%

WEPENER

113

93

82.30%

-17.70%

WINBURG

158

105

66.46%

-33.54%

MANGAUNG

2928

2928

100.00%

0.00%

KIMBERLEY

750

784

104.53%

4.53%

TSWELOPELE

2930

1659

56.62%

-43.38%

BARKLEY WEST

58

38

65.52%

-34.48%

DOUGLAS

279

223

79.93%

-20.07%

BIZZA MAKHATE A

974

998

102.46%

2.46%

BIZZA MAKHATE B

534

674

126.22%

26.22%

BIZZA MAKHATE C

210

319

151.90%

51.90%

BIZZA MAKHATE D

53

0

0.00%

0.00%

BETHLEHEM

201

297

147.76%

47.76%

FICKSBURG

70

56

80.00%

-20.00%

HARRISMITH

215

397

184.65%

84.65%

HENNENMAN

230

183

79.57%

-20.43%

HOOPSTAD

102

38

37.25%

-62.75%

LINDLEY

42

34

80.95%

-19.05%

ODENDAALSRUS

367

633

172.48%

72.48%

SENEKAL

106

127

119.81%

19.81%

VENTERBURG

229

136

59.39%

-40.61%

VIRGINIA

378

317

83.86%

-16.14%

UPINGTON

772

805

104.27%

4.27%

KURUMAN

338

364

107.69%

7.69%

SPRINGBOK

69

137

198.55%

98.55%

REGION: WESTERN CAPE (WC)

INMATE POPULATION: 01 FEBRUARY 2022

CORRECTIONAL CENTRE

APPROVED BED SPACE

GRAND TOTAL (INMATE POPULATION)

OCCUPANCY LEVELS

OVERCROWDING LEVELS

ALLANDALE

292

826

282.88%

182.88%

HAWEQUA

201

158

78.61%

-21.39%

OBIQUA

235

321

136.60%

36.60%

STAART VAN PAARDEBERG

222

325

146.40%

46.40%

BRANDVLEI MEDIUM C

289

492

170.24%

70.24%

BRANDVLEI YOUTH

300

191

63.67%

-36.33%

BRANDVLEI MAXIMUM (MEDIUM)

981

787

80.22%

-19.78%

BRANDVLEI MAXIMUM

0

0

0.00%

0.00%

DRAKENSTEIN MEDIUM A

501

731

145.91%

45.91%

DRAKENSTEIN MEDIUM B

497

477

95.98%

-4.02%

DRAKENSTEIN MAXIMUM

375

546

145.60%

45.60%

STELLENBOSCH

54

113

209.26%

109.26%

BEAUFORT-WEST

75

165

220.00%

120.00%

GEORGE

517

1163

224.95%

124.95%

KNYSNA

167

378

226.35%

126.35%

LADISMITH

48

72

150.00%

50.00%

MOSSELBAAI

313

627

200.32%

100.32%

OUDTSHOORN MEDIUM A

273

573

209.89%

109.89%

OUDTSHOORN MEDIUM B

63

102

161.90%

61.90%

PRINCE ALBERT

38

76

200.00%

100.00%

UNIONDALE

39

66

169.23%

69.23%

GOODWOOD

1713

2625

153.24%

53.24%

BUFFELJAGSRIVIER

215

430

200.00%

100.00%

CALEDON RDF

192

389

202.60%

102.60%

HELDERSTROOM MED A

615

1000

162.60%

62.60%

HELDERSTROOM MAX

534

809

151.50%

51.50%

SWELLENDAM

0

0

0.00%

0.00%

MALMESBURY MEDIUM A

1105

1519

137.47%

37.47%

MALMESBURY RDF

158

278

175.95%

75.95%

RIEBEEK-WEST

185

149

80.54%

-19.46%

POLLSMOOR RDF

1423

2894

203.37%

103.37%

POLLSMOOR MEDIUM A

1028

1406

136.77%

36.77%

POLLSMOOR MEDIUM B

512

1135

221.68%

121.68%

POLLSMOOR MEDIUM C

520

360

69.23%

-30.77%

POLLSMOOR FEMALES

408

599

146.81%

46.81%

CALVINIA

29

46

158.62%

58.62%

VANRHYNSDORP

552

606

109.78%

9.78%

VOORBERG MEDIUM A

461

444

96.31%

-3.69%

VOORBERG MEDIUM B

1433

1464

102.16%

2.16%

DWARSRIVIER

179

325

181.56%

81.56%

ROBERTSON

203

369

181.77%

81.77%

WARMBOKKEVELD

554

476

85.92%

-14.08%

WORCESTER MALES

406

941

231.77%

131.77%

WORCESTER FEMALES

112

224

200.00%

100.00%

It should be mentioned that Barberton Medium A and Bizzah Makhate Medium D are designated COVID-19 sites. A total of three facilities were closed down due to dilapidation namely Swellendam, Brandvlei Maximum and Geluk Correctional Centres.

Brits and UMzimkulu centres are temporarily closed for upgrades, the latter has resulted in the facility not being occupied.

END.

21 June 2022 - NW1774

Profile picture: Horn, Mr W

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

With reference to the Edenvale case 108/06/2017, State vs Melinda Mckenzie, prosecuted in the Germiston Regional Court, what are the details of the (a) criminal charges on which the accused was found guilty during 2020 in this case and (b) sentence imposed on the accused?

Reply:

Melinda McKenzie was convicted of one (1) count of corruption, having contravened section 3(b)(iv) of the Prevention and Combatting of Corrupt Activities Act 12 of 2004 (PRECCA).

The Senior Public Prosecutor at the Germiston Regional Court advised that the accused changed legal representation after conviction. The new legal representative requested transcripts of the record, which on its own delayed the matter.

The new legal representative now intends bringing an application on 21 June 2022 for the reopening of the defence case after conviction.

This application will be opposed by the State because judgment has been given, and the accused has been convicted.

The only available avenue for the defence would be to appeal the conviction, if there are grounds to appeal.

21 June 2022 - NW1781

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

What total number of persons (a) paid acknowledgement of guilt fines after being charged with offences in terms of the State of Disaster Regulations, as amended from time to time, declared and maintained by government from 15 March 2020 until 4 April 2022 in order to manage the COVID-19 pandemic and (b) have been found guilty after a formal trial and/or are being charged with offences in terms of the specified State of Disaster Regulations?

Reply:

The South African Police Service or Department of Justice and Constitutional Development would be in a better position to respond to the above question, especially due to admission of guilt options having been determined by the Judiciary on various of these contraventions.

Persons charged with offences related to contraventions in terms of the State of Disaster Regulations, may have paid admission of guilt at either a Police Station or any Court house. The dockets, in which admission of guilt were paid, would not be sent to the National Prosecuting Authority – except if the admission of guilt fine may have been set aside in in terms of Section 57(7) of the criminal Procedure Act, Act 51 of 1977. The National Prosecuting Authority will therefore not have the requested information.

21 June 2022 - NW2199

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

As at 30 April 2022, what (a) was the total number of permanently-appointed magistrates in the Republic, (b) number of the specified magistrates will reach retirement age within the next five years, (c) was the total number of funded posts for magistrates in the Republic and (d) number of these positions were filled by acting magistrates?

Reply:

a) As at 30 April 2022, the total number of permanently appointed magistrates, excluding temporary/acting magistrates and vacant posts, is as tabulated below:

Post Class

Number

Magistrate

1 257

Chief Magistrate

16

Regional Magistrate

326

Senior Magistrate

124

Regional Court President

8

Grand Total

1 731

b) In responding to this part of the question, it is important to draw the Honourable Member’s attention to section 13 of the Magistrates Act, 1990 (Act 90 of 1993), which provides that a magistrate shall vacate office when attaining the age of 65. This section was amended with effect from 1 December 2017, and a magistrate holding office may, before attaining the age of 65 years, in written notice to the Magistrates Commission, indicate his or her intention to continue to serve in such office for such further period specified in the written notice: Provided that a magistrate must vacate his or her office on attaining the age of 70 years.

The table below provides the number of magistrates who will reach retirement age within the next five (5) years (only permanently appointed magistrates):

(i) Per age group:

Row Labels

Count of Age

60

70

61

57

62

46

63

53

64

31

65

18

66

23

67

10

68

5

69

11

Grand Total

324

(ii) Per Post Class (permanently appointed magistrates between 60 and 69 years of age)

Post Class

Number

Magistrate

179

Chief Magistrate

10

Regional Magistrate

96

Senior Magistrate

35

Regional Court President

4

Grand Total

324

c) The latest information at our disposal in respect of funded posts for magistrates in the Republic is contained in the table below:

Post Class

Approved Posts

Special Grade Chief Magistrate

1

Chief Magistrate                                

21

Senior Magistrate                               

162

Magistrate                                       

1 456

Regional Court President                          

10

Regional Magistrate 

386

Grand Total

2 036

d) In terms of section 9(3) of the Magistrates’ Courts Act, 1944 (Act 32 of 1944), the Minister may appoint any appropriately qualified, fit and proper person as an acting magistrate after consultation with the Head of the Court concerned in any vacant Office of Magistrate. In practice, the Chief Magistrate or the Regional Court President will submit applications to the Deputy Minister, as the delegated authority by the Minister, for consideration of appointment of an acting Magistrate in the vacancies that still need to be filled. Acting magistrates are therefore appointed in all the vacant offices where applications are submitted by the Regional Court President or the Chief Magistrate in his or her area of jurisdiction. Acting Magistrates are also in posts where the incumbent Magistrate is acting in a higher position such as an acting Judge, acting Chief Magistrate or Senior Magistrate, etc, for appointment in posts where a Magistrate is on leave, for appointment where a Magistrate is suspended or in the funded case backlog courts. The acting appointments are generally made for a period of three (3) months at a time where-after the acting Magistrate may be re-appointed as the need exists. During the period of 1 April 2021 to 31 March 2022, the Deputy Minister appointed 2 251 acting Magistrates for the reasons mentioned above.

21 June 2022 - NW1907

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van der Merwe, Ms LL to ask the Minister of Justice and Correctional Services

(a) What total number of illegal migrants were apprehended and prosecuted for crimes over the past 10 years and (b) which crimes were they found guilty of?

Reply:

The National Prosecuting Authority (NPA) does not keep record of matters against illegal immigrants. We are moving towards electronic information where the nationality of an accused will be recorded but it does not reflect the legality of their residence or working permits. When an illegal immigrant is convicted and sentenced, they are channelled from the courts to the Department of Correctional Services until the Department of Home Affairs can deport such individuals after serving the sentence. The Department of Home Affairs would be the most appropriate Department to respond to the question as they keep records of these cases.

Since the information on part (a) of the question is not available, the NPA is not able to respond to the part (b) of the question relating to the categories of crimes.

08 June 2022 - NW1667

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

(1) What are the reasons for the high withdrawal rate of over 50% of case enrolments for fraud and corruption (details furnished); (2) Whether a conviction success rate of 5 out of 13 cases in specialist units such as the (a) Specialised Commercial Crime Unit and (b) National Prosecuting Authority meets the set performance targets; if not, what is the position in this regard; if so, what are the relevant details; (3) Whether he has found that the success rate represents serious underperformance by the specialist units; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. In order to address the question with regard to the withdrawal rate it is necessary to indicate the details of the thirteen (13) finalised cases. Five (5) cases resulted in convictions, two (2) cases resulted in acquittals, and in the remaining six (6) cases prosecution was in fact declined.

The six (6) cases wherein prosecution was declined are as follows:

1.1 Lichtenburg CAS 259/8/2016

Background of Case (Summary)

Financial Intelligence Centre (“FIC”) identified several deposits into the bank account of the Chief Financial Officer of Ditsobotla Local Municipality from the following entities:

(a) Khoisan Roads Cc, Ipes-Utility Management Services (PTY) LTD, and Bay Breeze Trading 241 Cc.

(b) Two (2) of the abovementioned entities are service providers of Ditsobotla Local Municipality.

Outcome:

The main suspect has passed away, and prosecution was declined on 22 July 2021.

1.2 Potchefstroom CAS 81/05/2011

Background of Case (Summary)

Docket was opened by the Department of Education North West in Potchefstroom. The complainant alleges that two tenders were awarded to four companies during 2007. During investigations by the Department of Education it was discovered that two of these four companies were allegedly front companies.

Outcome:

The Deputy Public Protector (DPP) declined to prosecute due to insufficient evidence to prosecute.

​​1.3 Hartbeespoortdam CAS 174/6/2016; and

1.4 Hartbeeesporrtdam CAS175/06/2016

Background of Case (Summary)

The docket was opened by the Department of Water and Sanitation North West at Hartbeespoort dam. The complainant alleged that the suspects contravened sec 57 (e) of the PFMA, by appointing a company to upgrade the road at Hartbeespoort dam and Lindleyspoort dam whereas the terms of the contract does not make provisions for such services. It was also found the same service provider allegedly had received other tenders without following tender procedures.

Outcome:

The DPP declined to prosecute due to insufficient evidence.

​1.4 Mogwase CAS 204/03/2013

Background of Case (Summary)

The Department appointed a contractor to disburse an amount of R1.5m to create projects to alleviate poverty for 100 indigent’s community members but the contractor allegedly disbursed for only 22 indigents. The said contractor allegedly failed to return to the site to continue with the project as agreed in the service level agreement and stole the remaining amount.

Outcome:

The DPP declined to prosecute because the suspect is deceased.

​1.5 Mmabatho CAS 270/05/2011

Background of Case (Summary)

The Department of Education advertised a tender seeking a motivational speaker who will render service to different districts within the province for a period of six (6) months. The MEC, Superintendent-General and officials connived with the appointed service provider to defraud the Department by inflating prices and claiming for services not rendered.

The case was before the Mahikeng High Court and was struck off the roll, on 25 August 2014 because the prosecutor needed to finalise the charge sheet and get permission from the DPP North West to re-enrol the matter.

Outcome:

Application for re-enrolment was submitted to the DPP who requested the DPCI to follow-up on certain aspects before a final decision could be made. On 21 September 2021, the DPP refused authorisation in terms of section 342A of Act 51 of 1977 for re-enrolment of the matter, and the matter is now deemed finalised.

2. In regard to the remaining seven (7) finalised cases, prosecution was instituted and resulted in five (5) convictions and two (2) acquittals. This translates to a conviction rate of 71%. The details of the two (2) cases wherein the accused were acquitted are as follows:

2.1 Wolmaranstad CAS 92/12/2010

Background of Case (Summary)

The municipality advertised a tender for refuse trucks whereby the complainant was one of the service providers that bid for the tender. The complainant alleges that he was approached by the employees of the municipality whereby they promised to influence the bid committee to award the said tender to him for benefit.

Outcome:

Matter was before court on 24 April 2019. The accused were acquitted. The complainant was a single witness, as the second witness, his son, passed away prior to the proceedings. At the stage when the matter was partly heard, it happened on repeated occasions that an interpreter was not available for the complainant, and the Court refused further postponement of the matter in terms of section 342A of Act 51 of 1977, resulting in the acquittal of the accused.

2.2 Mahikeng CAS 165/01/2018

Background of Case (Summary)

The Department of Health advertised a vacancy for the Head of the Department (HoD) post. The appointed HoD misrepresented himself by submitting false information during his application. Information was received that the appointment was irregular as he did not meet the requirements as per the advert of the post. Preliminary investigations were conducted, and it was proved that there was a prima facie case that needs further investigation. 

Outcome:

The case was prosecuted in the High Court, and the accused was acquitted on 09 November 2021. The court found their versions to be reasonably possibly true.

3. It is submitted that, given the abovementioned context, the finalisation of these thirteen (13) cases does not represent serious under-performance.

END

 

 

 

08 June 2022 - NW1803

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

With regard to a declaration (details furnished) gazetted on 19 October 2018, (a)(i) what is the definition of his department for a law enforcement officer and (ii) on which legislative provisions does his department rely in this regard and (b)(i) what is the definition of his department for a learner law enforcement officer and (ii) on which legislative provisions does his department rely in this regard; (2) Whether the powers conferred on law enforcement officers appointed by a municipality in terms of the specified determination is also conferred on learner law enforcement officers by the declaration he gazetted, whom are appointed by a municipality; if not, why not; if so, what are the relevant details?

Reply:

1. Ad Question 1

1.1 Government Notice No. 1114 of 19 October 2018 (hereinafter referred to as "Annexure A"), provides for the appointment of a "law enforcement officer appointed by municipalities" as peace officers in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA). The meaning of the expression "law enforcement officer appointed by a municipality" in Annexure A, is to a large extent already discussed in paragraph 4 of the written reply to Question 1802, where it is indicated that the expression must be interpreted as a member of a municipal police service and a traffic officer or reserve traffic officer or traffic warden or reserve traffic warden appointed by a municipality.

1.2 A summary of paragraph 4 of the written reply to Question 1802 is provided below:

1.2.1 The designation of peace officers must take place within the confines of section 334 of the CPA and other applicable legislation.

1.2.2 The Constitution of the Republic of South Africa, 1996 (the Constitution), provides that the:

(a) Security services of the Republic consist of a single defence force, a single police service and any intelligence services;

(b) Security services, other than those established in terms of the Constitution, may be established only in terms of national legislation;

(c) National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces; and

(d) National legislation must provide a framework for the establishment, powers, functions and control of municipal police services.

1.2.3 Chapter 12 of the South African Police Service Act, 1995 (Act No. 68 of 1995) (the SAPS Act), gives effect to the aforementioned provisions of the Constitution and provides for the following:

(a) A municipality may apply to the member of the Executive Council for the establishment of a municipal police service for its area of jurisdiction;

(b) the functions of a municipal police service, which are traffic policing, policing of municipal by-laws and regulations which are the responsibility of the municipality in question, and the prevention of crime; and

(c) a member of a municipal police service:

(i) may exercise such powers and perform such duties as are by law conferred upon or assigned to a member of a municipal police service; and

(ii) is a peace officer and may exercise the powers conferred upon a peace officer by law within the area of jurisdiction of the municipality.

1.2.4  Although sections 64F, 64H, 64I and 64Q of the SAPS Act and regulations 8, 10 and 11 of the Regulations made under section 64P of the SAPS Act, refer to "member of the Service", the expression "law enforcement officer appointed by a municipality" is linked to section 64 of the SAPS Act, which provides that Chapter 12 of the SAPS Act must not be interpreted so as to derogate from the powers of the Member of the Executive Council responsible for transport and traffic matters. The National Road Traffic Act, 1996 (Act No. 93 of 1996) (the NRT Act), provides that a local authority may appoint persons as traffic officers or reserve traffic officers or traffic wardens or reserve traffic wardens to exercise or perform within its area such powers and duties of a traffic officer. Many local authorities have traffic officers and traffic wardens who are not members of their municipal police service. Although the powers of traffic officers and traffic wardens are provided for in the NRT Act, enforcement mechanisms are reliant on the powers conferred upon them as peace officer in terms of section 334 of the CPA.

1.3 Annexure A does not make provision for "learner law enforcement officers". As the Cabinet member responsible for the administration of justice, I have, in terms of section 334(3)(a) of the CPA, prescribed that:

(a) A certificate of appointment referred to in section 334(2)(a) of the CPA, must be issued to a person referred to in Column 1 of the Schedule to Annexure A, only if the employer of that person has been furnished with a certificate of competency issued by the National Commissioner of the South African Police Service;

(b) It must be stated in the certificate of competency contemplated in paragraph (a) that, in the opinion of the National Commissioner of the South African Police Service, such person is competent to exercise the powers stated in Column 4 of the Schedule to Annexure A; and

(c) for the purposes of the issuing of a certificate of competency by the National Commissioner of the South African Police Service, must consider the training received by the applicant with regard to the powers to be exercised in Column 4 of the Schedule to Annexure A.

2. Ad Question 2

See paragraph 1.3, above.

08 June 2022 - NW1802

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

Whether the declaration (details furnished) gazetted on 19 October 2018 is intended to be a determination which empowers a municipality to establish a criminal investigation unit outside of a municipal police service; if not, why not; if so, (a) which sections and (b) in what regard; (2) Whether members of a municipal investigation unit, that is not established as a municipal police service in terms of the SA Police Service Act, Act 68 of 1995, are peace officers and conferred with the powers in terms of the specified determination; if not, what is the intention of the specified determination; if so, may the City of Cape Town’s Special Investigating Unit that is also known as the Safety and Security Investigating Unit, rely upon the determination for the exercise of the peace officer powers?

Reply:

1. In terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA):

"(1) (a) The Minister may by notice in the Gazette declare that any person who, by virtue of his office, falls within any category defined in the notice, shall, within an area specified in the notice, be a peace officer for the purpose of exercising, with reference to any provision of this Act or any offence or any class of offences likewise specified, the powers defined in the notice.

(b) The powers referred to in paragraph (a) may include any power which is not

conferred upon a peace officer by this Act.

(2) (a) No person who is a peace officer by virtue of a notice issued under

subsection (1) shall exercise any power conferred upon him under that subsection unless he is at the time of exercising such power in possession of a certificate of appointment issued by his employer, which certificate shall be produced on demand.

(b) A power exercised contrary to the provisions of paragraph (a) shall have no

legal force or effect.

(3) The Minister may by notice in the Gazette prescribe-

(a) the conditions which shall be complied with before a certificate of

appointment may validly be issued under subsection (2)(a);

(b) any matter which shall appear in or on such certificate of appointment in addition to any matter which the employer may include in such certificate.

(4) Where the employer of any person who becomes a peace officer under the

provisions of this section would be liable for damages arising out of any act or omission by such person in the discharge of any power conferred upon him under this section, the State shall not be liable for such damages unless the State is the employer of that person, in which event the department of State, including a provincial administration, in whose service such person is, shall be so liable.".

2. In terms of Part 5(a) of the Schedule to Government Notice No. R. 209 of 19 February 2002 (the Notice), law enforcement officers appointed by municipalities, were in terms of section 334 of the CPA, declared peace officers within the area of a local authority to exercise certain law enforcement functions. Government Notice No. 1114 of 19 October 2018 (hereinafter referred to as "Annexure A"), provide anew for the appointment of law enforcement officers appointed by municipalities as peace officers in terms of section 334 of the CPA and repeal Part 5(a) of the Schedule to the Notice.

3. Paragraph (a) of Annexure A states that the Cabinet member responsible for the administration of justice (the Minister), has in terms of section 334(1)(a) of the CPA declared "every person who, by virtue of his or her office, falls within a category defined in Column 1 of the Schedule to this notice, shall, within the area specified in Column 2 of the Schedule, be a peace officer for the purpose of exercising, with reference to the offences specified in Column 3 of the Schedule, the powers defined in Column 4 of the Schedule". A "Law Enforcement Officer appointed by a municipality" is listed in Column 1 of the Schedule to Annexure A. Annexure A does not clarify the meaning of a "Law Enforcement Officer appointed by a municipality".

4. To determine whether Annexure A empowers a municipality to establish a criminal investigation unit outside of a municipal police service, it is necessary to consider the expression "Law Enforcement Officer appointed by a municipality" in Annexure A in the following context:

4.1 The appointment of peace officers in terms of section 334 of the CPA, is subordinate legislation and cannot be used to override or amend any other Act of Parliament. The designation of peace officers must therefore take place within the confines of the Constitution, the empowering provision and other applicable legislation.

4.2  4.2. Section 199(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution), provides that the security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution. Section 199(3) of the Constitution provides that security services, other than those established in terms of the Constitution, may be established only in terms of national legislation. Section 205 of the Constitution provides that national legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces. Section 206(7) of the Constitution provides that national legislation must provide a framework for the establishment, powers, functions and control of municipal police services.

4.3 It is submitted that sections 64 – 64Q (Chapter 12) of the South African Police Service Act, 1995 (Act No. 68 of 1995) (the SAPS Act), gives effect to the aforementioned provisions of the Constitution.[1] Section 64A of the SAPS Act provides that a municipality may apply to the member of the Executive Council for the establishment of a municipal police service for its area of jurisdiction. The Cabinet member responsible for policing (the Minister of Police), has, under section 64P of the SAPS Act made regulations to facilitate such applications.[2] Section 64E provides that the functions of a municipal police service are traffic policing, subject to any legislation relating to road traffic; the policing of municipal by-laws and regulations which are the responsibility of the municipality in question; and the prevention of crime. In terms of section 64F a member of a municipal police service exercises such powers and perform such duties as are by law conferred upon or assigned to a member of a municipal police service; exercises such powers conferred upon a member of the South African Police Service (the SAPS), as may prescribe by the Minister of Police; and is a peace officer and may exercise the powers conferred upon a peace officer by law within the area of jurisdiction of the municipality. Sections 64F further provides that where the exercise of power includes the power to seize an article, the member of the municipal police service shall forthwith deliver the article to a member of the SAPS. Section 64H provides that a person arrested by a member of a municipal police service must be brought to a police station under the control of the SAPS.

4.4  The use of the expression "Law Enforcement Officer appointed by a municipality" as opposed to " member of a municipal police service" is linked to section 64 of the SAPS Act, which provides that Chapter 12 of the SAPS Act must not be interpreted so as to derogate from the powers of the Member of the Executive Council responsible for transport and traffic matters. In terms of section 3A of the National Road Traffic Act, 1996 (Act No. 93 of 1996) (the NRT Act), a local authority may appoint persons as traffic officers or reserve traffic officers or traffic wardens or reserve traffic wardens to exercise or perform within its area such powers and duties of a traffic officer. Many local authorities have traffic officers and traffic wardens who are not members of their municipal police service. Although the powers of traffic officers and traffic wardens are provided for in section 3I and other provisions of the NRT Act, enforcement mechanisms are reliant on the powers conferred upon them as peace officers in terms of section 334 of the CPA.

5. In light of the aforementioned, the expression "Law Enforcement Officer appointed by a municipality" cannot be relied upon to extend the scope of Annexure A, which was used to cater for traffic officers and traffic wardens who are not members of municipal police services, as explained in paragraph 4.4. above. Annexure A must be interpreted in the confines of section 334 of the CPA and other applicable legislation which refutes any interpretation that Annexure A empowers a municipality to establish a criminal investigation unit outside the ambit of Chapter 12 of the SAPS Act. Sections 64E, 64F and 64H (discussed in paragraph 4.3. above), clearly do not afford a municipal police service the power to investigate offences and neither does Annexure A. Members of a municipal investigation unit, that has not been established as a municipal police service in terms of Chapter 12 of the SAPS Act, cannot be regarded as peace officers for the purpose of exercising, with reference to the offences specified in Column 3, the powers specified in Column 4 of the Schedule to Annexure A.

  1. Various laws confer powers, that are similar to the powers of police officials, on functionaries in a regulatory context - (see among others, Chapter 7 of the National Environmental Management Act, 1998 (Act No. 107 of 1998), sections 26 and 28 of the Medicines and Related Substances Act, 1965 (Act No. 101 OF 1965), etc.

  2. Government Notice No. R. 710 of 11 June 1999 as amended by Government Notice No. R. 854 of 9 July 1999. Regulation 1, among others, provides that "a detailed exposition of the organisational structure of the said municipal police service, indicating the number of persons which the municipal council contemplates to appoint as members thereof and setting out the number of such members who will primarily be utilised to -(i) render traffic policing services;(ii) enforce municipal by-laws and regulations; and(iii) render crime prevention services".

08 June 2022 - NW1668

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

With reference to the announcement he made in October 2021, detailing the names of the members of the Rationalization Committee with regard to the Republic’s High Courts under the chairpersonship of retired Deputy Chief Justice Dikgang Moseneke, which was to finalize its report by April 2022, what are the details of (a)(i) all meetings held by the specified committee and (ii) the progress made with the committee’s work and (b) the (i) expenses incurred and (ii) payments made up to date in relation to the committee’s work?

Reply:

a) The Committee on the Rationalisation of Areas and Judicial Establishments of the Division of the High Court of South Africa held the following meetings:

(i) Virtual meeting held on 13 July 2021. Introductory meeting with Deputy Director-General Court Services.

(ii) Virtual meeting held 29 September 2021: Discussion of the draft Road map with the DDG Court Services

(iii) Physical meeting 5 November 2021 at Protea Hotel Fire and Ice, Pretoria: Department’s detailed submission to the Committee outlining the following aspects:

  • The challenges pose by pre-1994 areas of jurisdiction of the high courts; in particular, the Eastern Cape and Gauteng divisions
  • Proposed changes to the current areas of jurisdiction of the high courts; and
  • Proposed additional local seats with a view to increase access to justice.

(iv) It is expected that the National Prosecuting Authority (NPA) and the Office of the Chief Justice (OCJ) will present their submission regarding the above, at the date to be confirmed.

(ii) The Committee was expected to submit its Interim Report on or before 15 October 2021 and its final report by 31 December 2021. Subsequent to the presentation by DoJ&CD the Committee then had a sense of the work to be completed and then it was agreed that the Terms of Reference be amended to provide for new dates for submission. In terms of the Committee’s roadmap the OCJ and NPA were supposed to make similar submission to the Committee. There was hesitation from both the OCJ and NPA which derailed the commitments made on the roadmap. The Terms of Reference (ToRs) were thus amended to provide for new dates regarding the submission of reports by the Committee. The dates in the new ToRs were revised to 15 April 2022 for the submission of its Interim Report, and 30 July 2022 for the submission of its Final Report.

b) (i) (ii) Expenses incurred to date

Item

Amount

Venue for meeting (Protea Fire and Ice, Pretoria)

R16 524.00

Accommodation

R4 478.77 (Only done for one members for 2 nights. Others members did not require accommodation)

Flights

R9 233.49 (for 2 members)

Shuttle

R2 732.24

Ten (10) Laptops

R232 387.10

Ten (10) Wi-Fi Routers

R53 880.00

Printers

R56 575.00

Payments to Members of the Committee

R767 103.95

Total

R1 142 914.55

07 June 2022 - NW1523

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

With reference to reported escapes at the Barberton and Malmesbury Correctional Centres (Barberton escapes re-arrested, search for Malmersbury detainee continues” and detailed one prisoner convicted of” murder, rape, theft and robbery” who had been re-arrested, and other not yet rearrested, who “was awaiting trial for murder), what (a) total number of prisoners as at 30 April 2022 have escaped from detention facilities over the past five years and (b) crimes has each such escaped prisoner been (i) convicted and/or (ii) accused of; (2) What total number of prisoners as at 30 April 2022, (a) were re-arrested and/ or (b) remain at large; (3) What are the relevant details around the on-going search for the escapes?

Reply:

1. (a) a total of 285 inmates escaped from custody over the past six years (2017/2018 to 2022/2023 financial years). There was an average of 151 495 inmates in custody at any given time during the mentioned period. The escape rate can be averaged at forty eight (48) inmates per year. This translates to an average of 0.032% inmates escaping from custody per annum.

(b) Type of crimes committed by escapees over the past six financial years:

  • Attempted murder
  • Theft
  • Armed Robbery
  • Business Robbery
  • Escape
  • Robbery
  • Robbery aggravating
  • Housebreaking
  • Housebreaking and theft
  • Housebreaking with intent to rape
  • House breaking with intent to commit robbery
  • House Robbery
  • Intercourse with a minor
  • Kidnapping
  • Possession of drugs
  • Car theft
  • Murder
  • Murder and Robbery
  • Malicious damage to property
  • Attempted murder
  • Dealing or smuggling of ammunition, firearms, explosives or armaments
  • Assault common
  • Assault with GBH
  • Assault Serious
  • Arson
  • Stock theft
  • Escape
  • Rape
  • Rape and kidnaping
  • Attempted rape
  • Robbery
  • Illegal immigrant
  • Indecent assault
  • Intimidation and crimen injuria
  • Possession of stolen property
  • Possession of marijuana
  • Pointing of a fire arm
  • Stock Theft
  • Suspected stolen goods

2. (a) (b) Total number of inmates who escaped, rearrested and/ or remain at large as at 30 April 2022.

Region

Un-sentenced Escaped

Total Re-Arrested

Un-sentenced still at large

Eastern Cape

08

08

00

Gauteng

28

13

15

Free State

Northern Cape

16

14

02

Western Cape

82

80

02

KwaZulu- Natal

11

10

01

Limpopo

Mpumalanga

North- West

01

01

00

NATIONAL

146

126

20

Total number of sentenced inmates who escaped, re-arrested and/ or are still at large.

Region

Sentenced Escaped

Total Re-Arrested

Sentenced still at large

Eastern Cape

22

21

01

Gauteng

26

13

13

Free State, Northern Cape

20

17

03

Western Cape

18

17

01

KwaZulu- Natal

16

11

05

Limpopo, Mpumalanga, North – West

37

21

16

NATIONAL

139

100

39

4. Escapes are reported to the South African Police Services (SARS) and criminal cases are opened against the perpetrators. SARS track and tracing unit together with the DCS EST (Emergency Support Teams) conduct manhunt and search operations.

Due to the violent nature of most escapees. For all foreign national who escape, DCS and SAPS also engage with to the SADC countries law enforcement agencies.

END.

03 June 2022 - NW1552

Profile picture: Yako, Ms Y

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

Noting the issue of security and the ability for contraband to be moved into correctional centres, what measures have been put in place to ensure that the security infrastructure in correctional services centres is adequate?

Reply:

  • Department of Correctional Services officials are continuously sensitised to comply with Security policies and procedures by ensuring that proper and regular searches of inmates, officials, visitors and services providers are conducted at access control points and in and around Correctional Facilities. For any non-compliance, consequence management which includes disciplinary cases and opening criminals cases with South African Police Services (SAPS) is undertaken.
  • The Department is in the process of finalising the Intergrated Security System maintenance and repair programme in the Medium Term Expenditure Framework (MTEF). The programme will ensure that Integrated Security Systems work effectively and efficiently.
  • A bag-less society is implemented in all Correctional Facilities and this is reinforced during morning parade and at security forum committee meetings. Lockers fare installed outside the Correctional Facility for officials to leave their bags.
  • Frequent patrolling of outer perimeter fencing is conducted on a daily basis, including foot patrols during the day and night. Vehicles are also fitted with spot lights for good visibility during night patrols.
  • Tower posts around Correctional Facilities are manned.
  • Searching of official vehicles, service providers and visitors using metal detectors search mirrors, scanners and body scanners at entry points is conducted.
  • The use of Emergency Support Team (EST) officials to conduct random surprise search operations at all access points of the Correctional Facility are a constant feature.
  • The assistance of SAPS, Metro Police (Sniffer dogs), South African Revenue Services (SARS) inspection services (illegal imports) and Crime Intelligence Unit are requested at different intervals.
  • the use of DCS K9 Unit (sniffer dogs & corridor dogs) during surprise searching operations.
  • The use of walkthrough, hand held metal detectors, scanners serves to help detect contrabands.

END

02 June 2022 - NW1281

Profile picture: Horn, Mr W

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

Whether, with reference to his reply to oral question 3 on 2 March 2022, any progress has been made in finalising the protocol and system in terms of which the National Prosecuting Authority will be enabled to make use of donor funding in order to deal with the prosecution of cases flowing from the reports of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State; if not, by what date is the protocol and system envisaged to be finalised and/or implemented; if so, what are the (a) details of the progress and (b) further relevant details?

Reply:

On 17 February 2022, the Director-General (DG) of the Department of Justice and Constitutional Development (DoJ&CD) approved the National Prosecuting Authority (NPA)’s request to establish a multi-disciplinary Task Team to Develop / Review the Draft Terms of Reference (ToR) for the Donor Review Committee prepared by the NPA.

The Task Team met on 8 March and 25 March 2022, and is currently in a process of compiling a detailed report to the National Director of Public Prosecutions and DG of the DoJ&CD in which certain recommendations will be made on its purpose as well as the rules and procedures that will govern its operations.

The target date for the implementation of the protocol is 30 June 2022.

25 May 2022 - NW1784

Profile picture: Breytenbach, Adv G

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

With reference to the fact that he authorised Morné Harmse’s release on parole in March 2022, after the specified person served the minimum period of incarceration for his 20-year sentence for a murder committed in 2008, despite the expert consensus being that the person still had serious psychological deviations and serious aggression issues, on what basis did he ignore and/or overrule the expert opinion?

Reply:

The placement on parole of offender Morné Harmse’s was not approved by the Minister of Justice and Correctional Services as the Minister is responsible for parole consideration of offenders that are sentenced to life imprisonment (lifers). Offenders serving determinate sentences are considered by the Case Management Committees and the Correctional Supervision and Parole Boards (CSPB) without the intervention of the Minister of Justice and Correctional Services.

Offender Morné Harmse was first considered on 16 November 2019, by the CSPB for possible placement on parole after completion of his minimum detention period on 09 June 2019, and was found not suitable for placement. Subsequently five (05) further profiles were approved by the CSPB and he was referred for further interventions.

Offender Morné Harmse was reconsidered by the CSPB on 24 February 2022, and this time parole placement was approved effective from 03 March 2022, subject to compliance with parole conditions. The decision to place offender Morné Harmse on parole was taken after considering multi-disciplinary reports including the Social Work report. Offender Harmse still continues with rehabilitation efforts under the system of Community Corrections. The offender is complying with his placement conditions since he was placed out.

END

25 May 2022 - NW1507

Profile picture: Groenewald, Dr PJ

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

Whether, with reference to his reply to question 1789 on 21 October 2021, any progress has been made with the disciplinary hearing against the KwaZulu-Natal Regional Court President, Mr Eric Nzimande, in 2018; if not, why not; if so, what was the finding; 2) whether he will make a statement on the matter?

Reply:

1. I have been informed by the Magistrates Commission that its Executive Committee (EXCO) resolved to appoint two (2) private practitioners to lead the evidence on behalf of the Commission. This resolution was taken with consideration of the duration of the hearing/inquiry, and the fact that if magistrates were to lead the evidence, those magistrates would have to be replaced in their courts. The two private practitioners were duly appointed as Persons to Lead the Evidence (PLEs) on 23 September 2021.

I have further been informed that dates have been proposed for early in the 2nd half of 2022 to commence with the Inquiry.

2. No. The Magistrates Commission is an independent statutory body and any requests for statements should be referred to the Chairperson of the Magistrates Commission.

23 May 2022 - NW163

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

Whether he and/or his department ever received correspondence from a certain political organisation (details furnished), via email, WhatsApp, hardcopy and/or in any other format of which the original file is dated June 2020; if not, what is the position in this regard; if so, (a) on what date was the specified correspondence received, (b) who was the sender of the correspondence and (c) what steps were taken by his department in this regard?

Reply:

  1. No
  2. (b) and (c), Falls away

END

23 May 2022 - NW145

Profile picture: Schreiber, Dr LA

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

Whether, with reference to the process regarding the appointment of the next Chief Justice of the Republic, he received any correspondence and/or input, in any format whatsoever, from the deployment committee of any interested party regarding the specified deployment committee or party’s preferred candidate(s) for appointment to the specified position; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

No. I did not receive any correspondence in any format whatsoever.

END.

20 May 2022 - NW1144

Profile picture: Horn, Mr W

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

With reference to his written reply to oral question 52 on 7 March 2022 regarding the Framework on the Management of Case Backlogs and Priority Matters to deal with the growing backlogs in the Republic’s criminal courts, which he claims are in the final stages of development, what (a) has he found to be the reasons that this framework has not been finalised up to now, given that he made the announcement regarding the development of the framework and/or protocol to address the backlogs in the Republic’s criminal courts for the first time as far back as June 2020, (b) progress has been made in the development of the Framework and (c) is the target date for implementation?

Reply:

a) Work on the drafting of the Framework began in June 2020. Work on the draft was delayed as increasing Covid-19 infections and stringent Covid-19 Regulations required that immediate action and interventions be embarked upon wherever possible to mitigate against their impact on court operations and court efficiency.

The Directions issued by the Minister of Justice and Correctional Services contained some of the interventions such as, e.g. the keeping of Priority Rolls; Court staffing arrangements etc, whilst the Court Optimisation Committee, an intervention led by the Deputy Minister, sought to address challenges and bottlenecks being experienced at the court level by bringing together justice stakeholders and members of the judiciary.

As the rate of Covid infections dropped and the Alert Levels changed accordingly with less stringent Regulations, work could resume on bringing about a more permanent and long-term solution to the long-standing issue of criminal case backlogs.

It should be highlighted that addressing the causes of criminal case backlogs requires the buy-in of all stakeholder departments. For this purpose, extensive consultations were conducted, including workshops. Both external stakeholders as well as internal stakeholders had to be consulted in the drafting and finalising of the Framework, before it could be submitted to the Minister. Consultations began in early July 2021 and continued until November 2021. The Justice, Crime Prevention and Security Cluster was also consulted on various occasions through the Development Committee (Sub-Committee of the JCPS Director-Generals’ Cluster). Several versions were submitted for guidance until the final draft Framework was submitted to the Minister on 22 March 2022.

The Framework provides for the establishment of a National Steering Committee comprised of senior officials of all stakeholder departments and entities, viz. The Department of Justice and Constitutional Development, the Department of Correctional Services, the Department of Health, the National Prosecuting Authority, Department for Social Development, Legal Aid South Africa, the South African Police Service, and so forth. The National Steering Committee would also need to include representatives of the Judicial Accountability Committee (Magistrates).

The initial responsibility of the National Steering Committee will be to finalise, through various consultations, Memoranda of Understanding between the stakeholder departments and entities outlining each respective department or entity’s responsibility and commitment to perform their individual line functions that they are required to do within their respective mandates, so as to contribute to the reduction of criminal case backlogs.

Each stakeholder department or entity will, in turn, be finalising Annual Performance Indicators within their areas of responsibility, each of which will feed into an overall JCPS Indicator with the desired outcome being reduced criminal case backlogs.

These tools seek to ensure on-going monitoring of performance and the progress being made in reducing the criminal case backlogs consistently and progressively.

Already existing regional and district structures will deal with challenges at local, district and regional level with matters that cannot be resolved at these levels being escalated to the National Steering Committee.

b) The draft Framework will be finalised after the inputs from the Lower Courts Judiciary have been obtained. It must be stressed that these consultations must still take place. Court performance and court efficiency fall within the purview of the judiciary. The Department plans to begin the implementation of the Framework with the convening of the National Steering Committee after consultations with the Lower Courts judiciary have taken place and their inputs have been incorporated.

The Framework aims to provide for a long-term mechanism to address criminal case backlogs. However, the Department has developed an Action Plan to be implemented immediately to address challenges which have a negative impact on the courts and which fall within the Department’s responsibility.

The Action Plan includes interventions such as, amongst others, -

  1. Priority Courts identified in terms of highest backlogs and the development of priority rolls;
  2. Continuous Rolls - Matters involving multiple accused to be placed on continuous roll for trials;
  3. Backlog Courts established where feasible;
  4. Client-Liaison Meetings with service providers e.g. CRT service providers
  5. Additional Human Resources;
  6. Psycho-social support for court officials to improve on the rate of absenteeism;
  7. Repairs and Maintenance (IT) - Regional Heads and ISM meet with service provider every Wednesday to track progress;
  8. Additional Equipment Procured (IT);
  9. Facilities interventions such as procurement of portable battery packs and generators, facilitation of the carrying out of minor maintenance works and procurement of mobile units to be used as court rooms and testifying rooms; and
  10. Security measures for the courts.

20 May 2022 - NW1185

Profile picture: Tito, Ms LF

Tito, Ms LF to ask the Minister of Justice and Correctional Services

(1)What is the outcome of the investigation conducted at Tswelopele Correctional Centre in Kimberley, following an incident which led to the injury of correctional officials, death of two offenders and suspension of 17 officials; (2) whether trauma management has been provided to officials who face daily acts of terrorism from offenders; if not, why not; if so, what are the relevant details?

Reply:

1. Indeed, there was a security incident at Tswelopele Correctional Centre on 05 March 2022, wherein one (01) official was injured and two (02) offenders died. It can be confirmed that eight (08) and not seventeen (17) officials were immediately placed on precautionary suspension pending outcome of the investigation. The investigation has been finalised and consequence management is to be applied following departmental protocols including the review of suspensions.

2. Trauma management is provided to the officials who are exposed to acts of violence from offenders. Trauma counselling is provided by the Employee Assistance Programme (EAP) officers of the Department.

END

20 May 2022 - NW1149

Profile picture: Breytenbach, Adv G

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

Following the disastrous hacking and ransomware attack on the information and communications technology infrastructure of his department in 2021, what (a)(i) steps have been taken and (ii) preventative measures have been put in place to ensure that this does not happen again; (2) What measures have been put in place to ensure that the systems of the (a) Office of the Master of the High Court and (b) High Court function independently?

Reply:

1. The Department of Justice and Constitutional Development (DoJ&CD) has implemented a wide range of security measures within its information processing environment, intended to prevent any unauthorized access to and/or use of sensitive information and ensure that the confidentiality, integrity and availability of personal information remain protected. These security measures are categorized into two (2) groups as follows:

a) Managerial controls, including a set of approved, published and implemented information security policies, standards, procedures and guidelines. Awareness of the existing information security policies and cybersecurity risks within our information processing environment is proactively and regularly being promoted amongst DoJ&CD’s users to ensure positive security behaviors and adherence to prescribed rules.

b) Technical Controls – In addition to the native security features provided by our systems and platforms, we have deployed a set of automated security tools and processes to improve our defensive capabilities and safeguard our ICT infrastructure and systems. These technical tools enable us to effectively restrict and control access to our ICT systems, applications and services, manage vulnerabilities, proactively monitor, protect and respond to security threats and incidents. We have also deployed disaster recovery capabilities to ensure continued availability of business-critical information in case of any adverse event impacting DoJ&CD’s services. Technologies that are currently implemented include:

  1. Antivirus – Endpoint (PCs) Antivirus Software. All endpoint devices were equipped with Antivirus software which offers advanced automated threat detection and response against an ever-growing variety of threats and malware.
  2. Advanced Threat Protection – A limited number of critical servers have protection against attacks, advanced threats and ransomware, giving the Departments the power to detect, analyze and respond today’s stealthy attaches in real time.
  3. Network Discovery and Analysis – A limited number of critical services have advanced tools installed that provides 360 degrees of visibility by monitoring and reporting on all network ports network traffic. This detects targeted attacks designed to evade standard security solutions.
  4. Mail Security Gateway – providing Integrated-tiered spam prevention and anti-phishing spyware. The appliance provides a comprehensive gateway email security.
  5. Web Security Gateway – Provide a proactive web traffic detection and blocking services based on reputation services.
  6. Firewalls – Network security appliance that monitors and controls incoming and outgoing network traffic based on predetermined security rules. This device typically establishes a barrier between a trusted network and untrusted networks such as the internet. The firewall provides protection against outside cyber-attackers by shielding the Department’s computers or network from malicious or unnecessary network traffic.
  7. MIMECAST – Provides the Department with email security services. It is used to protect the Department’s email system, ensure access and simplify the tasks of managing emails system.
  8. Security Information and Event Management (SIEM) – A Software solution that aggregates and analyzes activity from many different resources across your entire IT Infrastructure. SIEM collects security data from network devices, servers, domain controllers, and may more log sources. SIEM provides real-time analysis of security alerts generated by applications and network hardware.
  9. Proxies This solution offers the Department reverse proxy services. A reverse proxy ultimately forwards user/web browser requests to the web servers. However, the reverse proxy server protects the web server’s identity. It helps increase performance, security and reliability.
  10. Vulnerability Scan Tools These tools were deployed in the environment to scan and report on a quarterly basis the vulnerability levels of the Department in terms of missing patches.
  11. Virtual Private Network Technology – This tool grants complete access to the Department’s Local Area Network to authorized users via encrypted secure tunnels.
  12. User awareness and training tools – These tools allow the Department to provide target security awareness messages to end users. It also allows for simulated attacks and end user training in the event where awareness is lacking. Post the breach, this tool was deployed to 2000 users in the Headquarters, with plans to roll it out to all users in this financial year.

a) In addition to the already implemented security tools, the Department has, post the ransomware, enabled the following additional security measures:

(i) Zero Trust Network Tool – The Zero Trust Network Access Tool will help the Department to provide secure remote user access to applications and services based on defined access control policies, the tool defaults to deny, providing only the access to services the users has been explicitly granted. With this Zero Trust Network Tool, access is established after the user has been authenticated to the tool first. The tool then provisions access to the application on the user’s behalf through a secure, encrypted tunnel. This provides an added layer of protection for the Department’s applications and services by shielding otherwise publicly visible Internet Protocol (IP) addresses. With this solution, users will only see applications that they have access to. This tool is to replace the current VPN tools which grant complete access to all applications.

(ii) The Department also implemented a tiered administrative model on the active directory and that will help the Department to better secure its ICT environments. The model defines three (3) tiers that create buffer zones to separate administration of high-risk PCs and valuable assets like domain controllers.

(iii) We have also reviewed and/or enhanced our security policies on all our security appliances to safeguard against future security attacks.

b) Going forward, the following technologies are to be implemented to further enhance the security of the ICT environment:

(i) Cyber Security Operations Centre (CSOC) will be implemented in the 2022/23 financial year.

CSOC is a centralize function within an organization employing people, processes and technology to continuously monitor and improve an organization’s security posture while preventing, detecting, analyzing and responding to cybersecurity incidents. CSOC will act like the hub or central command post, taking in telemetry from across the Department’s IT infrastructure, including its networks, devices, appliances, and information stores wherever those assets reside. The proliferation of an advanced threat places a premium on collecting content from diverse sources. Essentially, the CSOC will be the correlation point for event logged within the Department. This will be implemented by way of a hybrid model using existing tools aggregated on the one platform.

(ii) External Penetration Testing.

Discussions and planning had already commenced with some of the industry partners in terms of providing a comprehensive external penetration testing, with the aim of identifying any gaps in our security environment. This process is expected to be finalized by the middle of the year, and be completed annually going forward.

2. Where the Master of the High Court and the High Court share the same building, each operates independently as the Master’s Office falls within the ambit of the DoJ&CD and runs on the DoJ&CD Virtual Private Network (VPN), whereas the High Court falls under the ambit of the Office of the Chief Justice (OCJ) and runs on the OCJ VPN.

20 May 2022 - NW1328

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Justice and Correctional Services

With reference to (a) CAS 551/04/2018, (b) CAS 220/11/2019, (c) CAS 150/8/2019, (d) CAS 133-10-2015 and (e) CAS 40/10/2019, (i) what are the reasons that (aa) the prosecution process has taken so long and (bb) some of the specified cases were withdrawn without informing the complainants and (ii) on what date(s) is it envisaged that some of the cases will be on the court roll?

Reply:

In response to the questions above, the National Prosecuting Authority has informed me as follows:

1. Orlando CAS 150/08/19

It was declined to prosecute the matter, as the case docket contained very scant evidence. Mr Tshepo Mhlongo, provided a very cryptic statement where he mentioned that he is the lawful owner of a certain property and alleged that Sibusiso Duma and his two brothers are collecting rent. The accused denies this allegation. The decision to decline a prosecution was made on 11 December 2019. The Investigating Officer was informed that he may re-submit the case docket once further admissible evidence that objectively supports the allegation made by Mr Mhlongo is obtained. Up to date, no such evidence has been obtained.

2. Orlando CAS 220/11/2019

The matter is on the court roll as prosecution was instituted. This matter is partly heard and Mr T Mhlongo is again the complainant herein. The State of Disaster that existed, the non-availability of Legal Aid South Africa, the absence of accused on more than one occasion, the non-availability of the docket and the non-functioning of the court recording machine are cited as reasons for the number of remands. The matter was remanded to 22 April 2022 for continuation of the trial. The Presiding Magistrate came from another court to attend to the partly heard matter, but unfortunately the matter could again not proceed due to a faulty recording machine. The case was subsequently remanded to 21 June 2022 to court “A” for hearing further evidence. The State’s case is not closed yet as the Investigating Officer still needs to testify.

3. Orlando CAS 551/04/2018

This matter involves the brother of Mr T Mhlongo who is called Lincoln Mhlongo. This matter was finalised on the 29 August 2019 wherein the accused was found guilty of assault and sentenced to twelve (12) months imprisonment which was wholly suspended for five (5) years.

4. Orlando CAS 133/10/2015 (with Orlando CAS 513/04/2019)

These matters are being dealt with at the Office of the Deputy Public Prosecutor (DPP) under DPP ref 10/2/4/3-306/19 and as per the latest correspondence to the South African Police Service (SAPS) Provincial Head, Gauteng Detectives dated 30 March 2022, it is clear that there are still investigations outstanding and a return date of 14 April 2022 is stated for an update from SAPS side. SAPS is supposed to advise the DPP’s office on the appointment of an expert who will do a voice comparison.

5. Orlando CAS 40/10/2019

The complainant is also Mr T Mhlongo. This case is also on the court roll after prosecution was instituted. On 07 May 2021, warrants of arrest were authorised against the two (2) accused. As warrants of arrest were issued, it is unclear when the warrants will be executed as this function falls within the ambit of SAPS.

6. None of the cases mentioned above were withdrawn.

17 May 2022 - NW1258

Profile picture: Msimang, Prof CT

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

With regard to the recent media statement which states that his department has been facing challenges with shortfalls in the allocation of inmate uniforms particularly for remand detainees which is a concern as the wearing of civilian clothes by inmates can create a security risk by making it difficult to distinguish between inmates and civilians working inside a correctional centre, (a) how has his department amended the procurement processes in order to resolve the uniform issue and (b) what additional training for staff has been rolled out to rectify the (i) shortage of staff with procurement skills and/or (ii) lack of familiarity with procurement processes that were also listed as a challenge?

Reply:

(a) A procedure manual has been developed as a tool to assist the officials working at the detention facilities to understand the requirements with regard to the implementation of section 48 (Clothing) of the Correctional Services Act. The procedure manual serves to make provision for consistent standards in terms of issuing, assigning and receiving of remand detainee uniforms and to ensure uniformity within the department.

On a yearly basis, Regions submit their needs for the next financial year, for the ordering of remand detainees’ uniform. It is acknowledged that the uniform for Remand Detainees is not sufficient to cater for all remand detainees due to lack of funding. Since 2019 the budget for Remand Detainees uniform was drastically reduced on an annual basis. In 2019/2020 an amount of R40 049 000.00 was allocated for Remand Detainees uniform. In 2020/2021, an amount of R15 800 000 was allocated and in 2021/2022 an amount of R17 900 000.00 was allocated. The budget is further reduced to R9,5 million for 2022/23 financial year. With the reduced budget the challenge of shortages for Remand Detainees Uniform is going to be even bigger in 2022/23 as the required quantities to be submitted to the National Treasury will also be reduced due to budget cuts.

The provision of uniform to remand detainees has been prioritised and included in the 2022/23 Annual Operational Plan (AOP) with a monthly target of 90%..

(b)(i)(ii) The Department has identified the need for training officials in supply Chain Management and the need was for the past two years among top priorities. During the financial year 2020/21 a total of twenty-three (23) officials received training in Supply Chain Management and a total of forty-one (41) officials were also trained in 2021/22. Training was concluded in all Regions and the Department has again in 2022/23 placed Supply Chain Management training as one of the top training priorities where the number of officials to be trained will be increased.

END.

17 May 2022 - NW1217

Profile picture: Hendricks, Mr MGE

Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

(1)Whether, noting that the families of Mr Phaadiel Orrie and Mr Faizel Samsodien who qualify for parole, have raised concerns that his department has failed to communicate for the past two years with the two inmates on the whereabouts of their profiles and that both inmates (details furnished) qualify for parole under the Phaahla-, Van Vuuren- and Van Wyk judgments, he will take steps to locate the profiles of the two inmates; if not, why not; if so, what are the relevant details; (2) Whether his department will provide clarity on the status of their (a) parole applications and (b) profiles; if not, why not; if so, what are the relevant details?

Reply:

1. It should be noted that Department of Correctional Services allows offenders to lodge complaints or requests on daily basis, which include enquiring about the status of their profiles. This process has always been available to the mentioned offenders. The whereabouts of the profile reports of both offenders have always been known by the Department. Both profiles are in the final phases of the consideration process.

Both Offenders are serving sentences of life imprisonment. They have benefitted from Phaahla judgment handed down by the Constitutional Court on 03 May 2019, since they were sentenced after 01 October 2004 for offences committed before 01 October 2004. Therefore, they were also allocated maximum credits as per the Van Wyk Judgment. However, this does not mean they qualified for automatic placement on parole.

2(a) The offenders were considered by the Case Management Committee (CMC) and the Correctional Supervision and Parole Board (CSPB) for possible placement on parole.

(b) The profile reports were also considered by the National Council for Correctional Services (NCCS) for possible placement on parole. The possible placement of offenders serving life sentences (lifers) is considered by the Minister in line with section 78 of the Correctional Services Act 111 of 1998. Therefore, the Minister will consider each case on its merit and his decision will be made known to both offenders within a reasonable time after the Minister has made a decision.

END.

17 May 2022 - NW1397

Profile picture: Madlingozi, Mr BS

Madlingozi, Mr BS to ask the Minister of Justice and Correctional Services

In light of the 5-year jail sentence handed to a certain person (name and details furnished), for spending monies erroneously deposited into her account, what charges were brought by his department against the incompetent officials who made the deposit and then realised after 76 days that they had deposited R14 million to the specified person’s account by mistake?

Reply:

For the sake of clarity, the accused was sentenced to five (5) years’ imprisonment in terms of the provisions of section 276(1)(i) of the Criminal Procedure Act No. 51 of 1977. Thus, after serving a sixth of the sentence (10 months), she may be placed under correctional supervision. The 5-year term was therefore not accurately reported by the media.

The Department of Education and INTELLIMALI commissioned two (2) forensic investigations (Ernst & Young being one of the two companies) and the findings from both companies cleared the officials of any involvement or human error. The final findings were that the deposit was due to a computer glitch or hacking. The police investigations also did not reveal any evidence of wrong-doing on the part of the officials, either from the Department or INTELLIMALI. 

In light of the above, no grounds of acting against any official could be found. Any further enquiries in this regard should be addressed to the Department of Higher Education or South African Police Service.

END.

17 May 2022 - NW1444

Profile picture: Powell, Ms EL

Powell, Ms EL to ask the Minister of Justice and Correctional Services

Whether, with reference to the conviction of former Lesedi Local Municipality Housing and Planning Manager of Springs, Mr Tshepo Malekane, for 78 counts of fraud by the Pretoria Commercial Crimes Court for the transfer of ownership of 78 properties belonging to the Lesedi Local Municipality, his department will provide the erf numbers of the properties in question; if not, why not; if so, what are the relevant details?

Reply:

The provisioning of the erf numbers by the Lesedi Local Municipality already took place during the criminal investigations on the matter, whereupon same were outlined on Schedule “A” of the charge sheet, as follows:

No.

Property description

Current title deed no.

Current owner details

Purchase date

Purchase price

Previous owner details

Previous title deed number

 

Erf 1810 Heidelberg extension 9

T56357/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R150 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 3407 Heidelberg extension 16

T56350/2018

Mashinini Florence with ID no. 8604130709083

10/03/2010

R81 000. 00

Lesedi Local Municipality

T30258/1989

 

Erf 3404 Heidelberg extension 16

T56344/2018

Mashinini Florence with ID no. 8604130709083

10/03/2010

R81 000. 00

Lesedi Local Municipality

T30258/1989

 

Erf 2033 Heidelberg extension 9

T56352/2018

Mashinini Florence with ID no. 8604130709083

10/03/2010

R179 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 3353 Heidelberg extension 9

T56355/2018

Mashinini Florence with ID no. 8604130709083

10/03/2010

R75 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 3108 Heidelberg extension 16

T56343/2018

Mashinini Florence with ID no. 8604130709083

10/03/2010

R85 000. 00

Lesedi Local Municipality

T30258/1989

 

Erf 3405 Heidelberg extension 16

T56346/2018

Mashinini Florence with ID no. 860413 0709083

10/10/2010

R81 000. 00

Lesedi Local Municipality

T30258/1989

 

Erf 1817 Heidelberg extension 9

T57285/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R180 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 3403 Heidelberg extension 16

T57286/2018

Mashinini Florence with ID no. 8604130709083

10/03/2010

R81 000. 00

Lesedi Local Municipality

T30258/1989

 

Erf 2151 Heidelberg extension 9

T57284/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R220 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1811 Heidelberg extension 9

T74471/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R172 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1816 Heidelberg extension 9

T74472/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R162 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1658 Heidelberg extension 9

T88175/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R248 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1579 Heidelberg extension 9

T89743/2018

Mashinini Florence with ID no. 8604130709083

10/02/2010

R240 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 3145 Heidelberg extension 16

T4829/2019

Nombembe Wandile Elvis with ID no. 9107106385085 and Nombembe Samukelisiwe Thandeka Felicity with identity nr 9012181057080

07/05/2009

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3146 Heidelberg extension 16

T40964/2018

Peete Justice Malefetsane with identity no. 6905225627086 and Peete Matshidiso with ID no. 7401190271083

22/12/2010

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3371 Heidelberg extension 16

T1869/2019

Msiza Themba Hope with ID no. 8603075344088

09/12/2018

R280 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3292 Heidelberg extension 16

T66475/2018

Ratanda Young Generation with registration no. 071-320-NPO

07/04/2009

R375 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 484 Jameson Park

T80274/2018

Oorvloed Eiendom Trust with registration no. 2116/2018

05/10/2018

R197 000.00

Lesedi Local Municipality

T68847/2000

 

Erf 629 Jameson Park

T79939/2018

Buffels Kraai Kroning Trust with registration no. 2053/2018

05/10/2018

R172 000.00

Lesedi Local Municipality

T57804/1999

 

Erf 6860 Heidelberg extension 25

T5087/2019

Kroonjuwele Eiendom Trust with registration no. 848/2018

05/10/2018

R850 000.00

Lesedi Local Municipality

T86377/2010

 

Erf 3091 Heidelberg extension 16

T13731/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

13/12/2018

R270 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3089 Heidelberg extension 16

T13732/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

13/12/2018

R270 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 2307 Heidelberg extension 9

T2328/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

22/11/2018

R175 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 2308 Heidelberg extension 9

T2610/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

22/11/2018

R185 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 2306 Heidelberg extension 9

T2611/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

22/11/2018

R180 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 3416 Heidelberg extension 16

T6629/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

13/12/2018

R230 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 362 Jameson Park

T74445/2018

Oorvloed Eiendom Trust with registration no. 2116/2018

05/10/2018

R180 000.00

Lesedi Local Municipality

T28780/1996

 

Erf 362 Rensburg

T7553/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

05/10/2018

R156 000.00

Lesedi Local Municipality

T70301/1989

 

Erf 2305 Heidelberg extension 9

T7991/2019

Oorvloed Eiendom Trust with registration no. 2116/2018

22/11/2018

R175, 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 816 Jameson Park

T79945/2018

Oorvloed Eiendom Trust with registration no. 2116/2018

05/10/2018

R180 000.00

Lesedi Local Municipality

T148224/1999

 

Erf 3411 Heidelberg extension 16

T47435/2018

Radebe Buti Paulus with ID no. 6602155534081

03/02/2009

R85 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3381 Heidelberg extension 16

T47436/2018

Radebe Buti Paulus with ID no. 6602155534081

03/02/2009

R110 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3414 Heidelberg extension 16

T47889/2018

Radebe Buti Paulus with ID no. 6602155534081

03/02/2009

R85 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3412 Heidelberg extension 16

T47890/2018

Radebe Buti Paulus with ID no. 6602155534081

03/02/2009

R85 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3413 Heidelberg extension 16

T48041/2018

Radebe Buti Paulus with ID no. 6602155534081

03/02/2009

R85 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3377 Heidelberg extension 16

T47432/2018

Radebe Teboho Edward with ID no. 9004015377081

07/04/2009

R90 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3378 Heidelberg extension 16

T47433/2018

Radebe Teboho Edward with ID no. 9004015377081

07/04/2009

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3376 Heidelberg extension 16

T47434/2018

Radebe Teboho Edward with ID no. 9004015377081

07/04/2009

R90 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3128 Heidelberg extension 16

T66474/2018

Radebe Teboho Edward with ID no. 9004015377081

07/04/2009

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3129 Heidelberg extension 16

T66476/2018

Radebe Teboho Edward with ID no. 9004015377081

07/04/2009

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3127 Heidelberg extension 16

T70825/2018

Radebe Teboho Edward with ID no. 9004015377081

06/04/2009

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 385 Jameson Park

T2659/2019

Ambrosius Familie Trust

registration no. 2072/2018(G)

05/10/2018

R186 000.00

Lesedi Local Municipality

T64708/1999

 

Erf 298 Jameson Park

T3342/2019

Ambrosius Familie Trust

registration no.2072/2018(G)

05/10/2018

R186 000.00

Lesedi Local Municipality

T9535/2000

 

Erf 150 Jameson Park

T79947/2018

Ambrosius Familie Trust

registration no. 2072/2018

05/10/2018

R187 000.00

Lesedi Local Municipality

T117586/1999

 

Erf 656 Jameson Park

T88643/2018

Ambrosius Familie Trust

registration no. 2072/2018

05/10/2018

R186 000.00

Lesedi Local Municipality

T87586/1996

 

Erf 2357 Heidelberg extension 9

T3373/2019

Muizenberg Familie Trust

registration no. 2063/2018

22/11/2018

R195 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 541 Jameson Park

T75945/2018

Muizenberg Familie Trust

registration no. 2063/2018

05/10/2018

R183 000.00

Lesedi Local Municipality

T77618/1997

 

Erf 682 Jameson Park

T79943/2018

Muizenberg Familie Trust

registration no. 2063/2018

05/10/2018

R191 500.00

Lesedi Local Municipality

T72955/1988

 

Erf 146 Jameson Park

T80272/2018

Bedenhorst Familie Trust registration no. 2073/2018(G)

05/10/2018

R186 000.00

Lesedi Local Municipality

T64296/1999

 

Erf 251 Jameson Park

T84465/2018

Bedenhorst Familie Trust registration no. 2073/2018(G)

05/10/2018

R200 000.00

Lesedi Local Municipality

T14163/2000

 

Erf 75 Jameson Park

T84470/2018

Bedenhorst Familie Trust registration no. 2073/2018(G)

05/10/2018

R195 000.00

Lesedi Local Municipality

T4426/1996

 

Erf 467 Jameson Park

T79951/2018

Bedenhorst Familie Trust registration no. 2073/2018

05/10/2018

R195 000.00

Lesedi Local Municipality

T20040/1972

 

Erf 545 Jameson Park

T79949/2018

Bedenhorst Familie Trust registration no. 2073/2018

05/10/2018

R197 000.00

Lesedi Local Municipality

T62741/1999

 

Erf 3081 Heidelberg extension 16

T88174/2018

Makgoale Jacqueline Matete Mokgohloe with ID no. 9808090135085

21/02/2009

R110 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3099 Heidelberg extension 16

T1868/2019

Bordewijk Familie Trust registration no. 2074/2018

05/10/2018

R180 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3125 Heidelberg extension 16

T1639/2018

Mabunda Popo Brian

with ID no. 7804175340080 and Fumo Vincent

with ID no. 0311265255084

19/02/2010

R80 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 4601 Heidelberg extension 23

T22665/2019

Mabunda Popo Brian

with ID no. 7804175340080

17/01/2014

R296 960.00

Lesedi Local Municipality

T25132/2002

 

Erf 3120 Heidelberg extension 16

T32281/2017

Mabunda Popo Brian

with ID no. 7804175340080

07/04/2009

R80 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3389 Heidelberg extension 16

T89657/2018

Mabunda Popo Brian

with ID no. 7804175340080 and Fumo Vincent

with ID no. 0311265255084

29/01/2010

R89 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3167 Heidelberg extension 16

T16915/2018

Mokoena Siphiwe Ephraim with ID no. 7607035653083 and Mokoena Ntombikayise

with ID no. 7507040720085

27/03/2009

R100 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3292 Heidelberg extension 16

T66475/2018

Ratanda Young Generation

07/04/2009

R375 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3293 Heidelberg extension 16

T2329/2019

Mfene Popie Maria with ID no. 5607020714082

15/10/2018

R145 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3384 Heidelberg extension 16

T85819/2018

Mangoato Piet Phuti

with ID no. 7009215993084

15/10/2018

R97 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3322 Heidelberg extension 16

T85818/2018

Mangoato Piet Phuti

with ID no. 7009215993084

15/10/2018

R130 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3371 Heidelberg extension 16

T1869/2019

Msiza Themba Hope with ID no. 8603075344088

09/12/2018

R280 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3373 Heidelberg extension 16

T13730/2019

Legodi David Malesela with ID no. 7210285296081

13/11/2018

R170 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3375 Heidelberg extension 16

T15908/2019

Legodi David Malesela with ID no. 7210285296081

13/11/2018

R170 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3374 Heidelberg extension 16

T18815/2019

Legodi David Malesela with ID no. 7210285296081

13/11/2018

R170 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3382 Heidelberg extension 16

T6631/2019

Legodi David Malesela with ID no. 7210285296081

13/11/2018

R170 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 3402 Heidelberg extension 16

T56354/2018

Motsoeneng Teboho Moses with ID no. 8812055399083

15/01/2010

R85 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 8 Jameson Park

T79941/2018

Sadomba Andrew with ID no. 7012145206080

05/06/2018

R120 000.00

Lesedi Local Municipality

T15395/2000

 

Erf 3417 Heidelberg extension 16

T81767/2018

Sebiloane Teboho Joseph with ID no. 8402055916084

10/02/2009

R85 000.00

Lesedi Local Municipality

T30258/1989

 

Erf 245 Jameson Park

T2259/2019

Miya Sebolai Joseph

with ID no. 7212075417083 and Miya Sebolelo Maria with ID no. 8103080543089

5/05/2018

04/10/2018

R120 000.00

R250 000.00

Lesedi Local Municipality

Pule Vincent Motaung

with ID no. 790323 5645 080

T142397/2000

T74097/2018

 

Erf 1630 Heidelberg extension 9

T6630/2019

Elzinkhorst Familie Trust

with registration nr 2071/2018

05/10/2018

R200 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1962 Heidelberg extension 9

T56353/2018

Mmusi Project Management CC with registration no. 200910105023

10/01/2010

R170 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1814 Heidelberg extension 9

T56356/2018

Mmusi Project Management CC with registration no. 200910105023

10/01/2010

R170 000.00

Lesedi Local Municipality

T24246/1975

 

Erf 1815 Heidelberg extension 9

T56345/2018

Tlaka Matubatse Victor

10/01/2010

R158 000.00

Lesedi Local Municipality

T24246/1975

END.

13 May 2022 - NW1468

Profile picture: Horn, Mr W

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

On which dates during the past 24 months did the National Efficiency Enhancement Committees and each of the Provincial Efficiency Enhancement Committees meet?

Reply:

DRAFT REPLY

The National Efficiency Enhancement Committee (NEEC) and the Provincial Efficiency Enhancement Committees (PEEC) are judicial governance stakeholder forums which are chaired by the Chief Justice and the Judges President of the Divisions of the High Court respectively. The request for information as contained in the question by the Honourable member has been referred to the Chief Justice for consideration.

12 May 2022 - NW1005

Profile picture: Breytenbach, Adv G

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

What (a) was the total number of (a) cases that were (i) enrolled for possession and/or use of Cannabis in the period 1 January 2018 to 28 February 2022, (ii) withdrawn and (iii) finalised cases with convictions, (b) were the reasons for withdrawal in each case and (c) are the details of the sentences that were imposed?

Reply:

I have been informed by the Department of Justice and Constitutional Development that, currently, the Department does not have charges specific to cannabis. However, the Department gathers information in relation to four (4) charges relating to cannabis which was previously referred to as “dagga”. This is included under the umbrella of “other narcotics”, and the Department cannot drill down to charges relating to cannabis or dagga.

The current charge description is as follows: “Unlawfully receiving any document, intoxicating liquor, dagga, drug, opiate, money or any other article whilst in custody; unlawful supplying, conveying, hiding or placing for an offender’s use any document, intoxicating liquor, dagga, drug or opiate; bringing or introducing into a correctional centre or place of custody any document/ intoxicating liquor/ dagga/ drug/ opiate; Inmate – Arranging with a correctional/ custody official/ another person for a document/ liquor/ dagga/ drug/ opiate/ money/ article.”

It should also be noted that the National Director of Public Prosecutions indicated that the National Prosecuting Authority does not record the above requested information manually, and the electronic case management system allows for reporting on both possession of drugs as dealing in drugs which could be extracted in accordance with the relevant sections of the Act. However, information specific to ‘cannabis’ is not available.

END

11 May 2022 - NW1257

Profile picture: Msimang, Prof CT

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

In light of the recent media statement by his department that there are some remand detainees within correctional centres who have been in remand detention for more than two years thus contributing to overcrowding, what (a) is the total number of remand detainees who have been in detention for more than two years, (b) are the reasons for the prolonged period of detention and (c) are the further relevant details of the strategies developed during the two consultative sessions that were held in November 2021 for all six regions of his department during which heads of correctional centres deliberated on measures to reduce overcrowding?

Reply:

a) Total number of remand detainees who have who have been in detention for more than two years as at 31st March 2022 was 3 698.

Regional breakdown is as follows:-

Region

Grand Total

Gauteng

1718

Western Cape

708

Limpopo, Mpumalanga & North-West

390

Kwa-Zulu Natal

387

Eastern Cape

291

Free State & Northern Cape

204

Grand Total

3698

Source: GITO

 

b) The reasons for the prolonged period of detention is the delayed response from the courts on the outcome of the applications of Section 49 G or a continue with detention response is received, however DCS does continue to make use of the provision of Section 49G of the Correctional Services Act by referring Remand Detainees (RDs) to court before completing a period of two years for consideration of their detention and thereafter annually if the RD remains in detention after the initial referral. The courts are required to consider applications from DCS where possible outcomes are as follows:-

  1. Release of the RD
  2. Release and placement on warning,
  3. Placement under s62(f): Supervision by a correctional official
  4. Reduction of the amount of bail
  5. Placement in a secure care facilities
  6. Decline to review bail (Unsuccessful application)

The department intends to intensify relationships with the Justice Cluster by participating in the National Efficiency Enhancement Committee (NEEC), Judicial Case Flow structures and the courts to address this challenge.

c) The strategies developed during the two consultative sessions held in November 2021 for all six regions relates to measures to reduce overcrowding. Heads of Centres were encouraged to establish and maintain stakeholder relations by attending District Efficiency Enhancement Committee (DEEC) meetings where issues relating to Case flows are addressed.

END

06 May 2022 - NW1148

Profile picture: Breytenbach, Adv G

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

Whether a certain person (name furnished) is currently in the employ of the National Prosecuting Authority; if not, what is the position in this regard; if so, (a) in what capacity and (b) under which conditions was the suspension of the specified person lifted; (2) What is the status of the criminal prosecution that is currently under way against the specified person?

Reply:

1. The official is currently in the employ of the National Prosecuting Authority (NPA) after initially being on suspension.

(a) She is currently in the same position, since Public Service prescripts do not allow for any further conditions when uplifting a precautionary suspension.

(b) The NPA was obliged to uplift the suspension in terms of an arbitration award.

2. The criminal matter is partly heard in the Pretoria Regional Court. The charges are:

Count 1: Theft

Count 2: Fraud

Count 3: Contravention of section 40(A)(2)(a) of Act 32 of 1998 - Causing unauthorised access to an NPA computer

Count 4: Contravention of section 41(6)(b) of Act 32 of 1998 - Disclosed NPA documents contained on an NPA laptop to another.

The matter was back in court on 29 March 2022, and the State closed its case. The defence brought an application in terms of Section 174 of the Criminal Procedure Act (CPA) to have the accused discharged at the end of the State’s case. The State was prepared for such an application, which it opposed and submitted written heads of argument.

The matter was remanded to 10 May 2022 for judgement in respect of the application in terms of Section 174 of the CPA.

06 May 2022 - NW1415

Profile picture: Msimang, Prof CT

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

How has he found will the extensive damage that was caused to public infrastructure by the recent flooding in KwaZulu-Natal and the Eastern Cape impact the day-to-day operations of his department, in particular, with regard to the affected magistrates’ courts as referred to by the President of the Republic, Mr M C Ramaphosa, during his address to the nation on 18 April 2022; 2. what are the relevant details of the (a) courts that have been damaged, (b) extent of the damage, (c) projected timeline for repairs and (d) contingency plans that have been put in place to ensure that the work of the courts can continue during this time?

Reply:

1. (a) The recent flooding in KwaZulu-Natal has negatively affected the day-to-day

operations of the courts due to the damaged infrastructure. On 12 April 2022, there was a very low attendance by officials as public transport was not available, and there was a precautionary warning that people should not access certain roads. Many courts postponed matters on that day.

The Court Managers have reported that operations at most courts have resumed fully. A number of courts need to be repaired following the floods. Some park homes will need to be replaced due to severe damages, whilst new ones are required in some courts. The only courts forced to close early due to health and safety concerns are those courts that are still without water.

(b) The only Court which was affected by the recent floods in the Eastern Cape is Port St. Johns. There was no infrastructure damage (including flooding and leakages). The only damage incurred affected telephone lines in the office. As a result, the office is not telephonically accessible, but a call has been logged for the telephone lines to be attended to. The Superior Courts (High Courts and Labour Court) in the Eastern Cape Province were also not affected.

2. (a) A total of 35 courts were affected by the floods. The courts that have been damaged include the following:

Item No.

District

No. of Courts Affected

Names of the Courts Affected

 

EThekwini

8

i) Verulam Magistrates Court;

ii) Verulam Family Court;

iii) Pinetown Magistrates Court;

iv) Chatsworth Magistrates Court;

v) Ntuzuma Magistrates Court;

vi) Emlazi Magistrates Court;

vii) Wentworth Magistrates Court; and

viii) Newlands East Magistrates Court

 

Harry Gwala

4

i) UMzimkhulu Magistrates Court;

ii) Hlanganani Magistrates Court;

iii) Ixopo Magistrates Court; and

iv) Himeville Magistrates Court.

 

iLembe

4

i) KwaDukuza Magistrates Court;

ii) Ndwedwe Magistrates Court;

iii) Maphumulo Magistrates Court; and

iv) Nsuze Periodical Court.

 

King Cetshwayo

2

i) Esikhawini Magistrates Court; and

ii) Mtunzini Magistrates Court.

 

Ugu

7

i) Port Shepstone Magistrates Court;

ii) Ramsgate Branch Court;

iii) Izingolweni Magistrates Court;

iv) Phungashe Magistrates Court;

v) Emzumbe Branch Court;

vi) Scottsburgh Magistrates Court; and

vii) Umzinto Magistrates Court.

 

UMgungundlovu

4

i) Pietermaritzburg Annex Building;

ii) Pietermaritzburg Magistrates Court;

iii) Howick Magistrates Court; and

iv) Masters Office Pietermaritzburg.

 

uMkhanyakude

2

i) Hlabisa Magistrates Court; and

ii) Manguzi Branch Court.

 

uMzinyathi

2

i) Msinga Magistrates Court; and

ii) Greytown Magistrates Court.

 

uThukela

2

i) Ekuvukheni Magistrates Court; and

ii) Ezakheni Magistrates Court.

b) The following are the extent of the damages caused to the courts:

  1. Roofs causing roof leakages and damaged ceilings;
  2. Park homes;
  3. Floors and carpets;
  4. Windows;
  5. Peeling paint;
  6. Electricity supply;
  7. Water supply;
  8. Generators;
  9. Cleaning of drainage systems; and
  10. Access roads.

c) Repairs to the damaged courts are on-going. There are on-going meetings between the Department of Justice and Constitutional Development (DoJ&CD), Department of Public Works and Infrastructure (DPWI) as well as stakeholders. DPWI is assisting government departments with the required assessments on the damages caused, and service providers have been appointed to attend to some critical areas. It is anticipated that all repairs to roofs will be finalised by 31 May 2022. Depending on the outcome of the completed assessments, some roofs might need to be replaced.

d) The KZN Regional Office has put contingency plans in place to ensure that the work of the courts can continue. All the courts will function during repairs as Court Managers and Heads of Judiciary manage the optimal utilisation of the available courtrooms. Periodical courts operating in damaged mobile courts will be relocated to the main seats. Where water is not available, the DoJ&CD has procured drinking water. Water tanks are procured, and the municipality is assisting with water delivery. Some courts close early due to lack of water. Capacity is sourced from other regions to assist where possible.

05 May 2022 - NW511

Profile picture: Horn, Mr W

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

What is the reason that the contract for security services for the High Court in Mbombela, which came to an end on 24 January 2022, was not renewed and/or replaced before it terminated on the said date?

Reply:

It should be noted that besides the above explanation regarding security services, the department also engaged the then contracted service provider to conduct assessment on the functionality of security systems of Mbombela High Court while the contract was still active. It was discovered that two Network Video Recorders were faulty and becomes dysfunctional. The two NVR system were found to be irreparable due to unavailability of spare parts in the local market. To mitigate the risk, the procurement process to replace the faulty NVR and monitors has since been finalized in March 2022, in that the security system functionality has now improved, however, there are some of the cameras that needs to be maintained and repaired which will be attended to as soon the new service provider is appointed.

END

05 May 2022 - NW1330

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Khumalo, Dr NV to ask the Minister of Justice and Correctional Services

With reference to the investigation and the report of the Special Investigating Unit into procurement by all spheres of government of goods, works and services associated with the COVID-19 pandemic, which was authorised by the President of the Republic, Mr M C Ramaphosa, on 23 July 2020, what total (a) amount has been recovered to date out of the multiple of billions in cash and other resources that have been stolen from COVID-19 funding, (b) number of arrests have been made and (c) number of sentences have been handed down?

Reply:

a.) The Asset Forfeiture Unit (AFU) has to date obtained preservation orders to the value of R157 744 720.20, and forfeiture orders to the value of R120 255 279.80. Some of the forfeited funds have already been paid back to the Unemployment Insurance Fund (UIF), the State or victims.

b.) The total number of arrests and/or court enrolments that have been made to date is 132. These relate to 87 natural persons and 45 juristic persons (entities).

c.) The total number of sentences that have been imposed to date is 19. These relate to five (5) natural persons and thirteen (13) juristic persons (entities).

        i.) Five (5) natural persons were charged and convicted of theft, fraud, forgery and uttering relating to claims from the UIF.

        ii.) Thirteen (13) juristic persons (entities) were charged and convicted of contraventions of Section 234(a) read with Section 22(1) of the Tax Administration Act 28/2011 and further read with Sections 1 and 23(1) of the Value Added Tax Act 89/1991.

Sentences imposed range from a term of imprisonment, fines as well as suspended sentences.

 

29 April 2022 - NW1019

Profile picture: Msimang, Prof CT

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

What (a) action is his department taking to curb the smuggling of goods and contraband into prisons and (b) number of officials who are implicated in the cases have been (i) officially dismissed and (ii) prosecuted in the past two years?

Reply:

a) The following are the key actions towards curbing the contraband into DCS facilities:

  • DCS officials are sensitised to comply with Security policies and procedures by ensuring that proper and regular searches of inmates, officials, visitors and services providers are conducted at Access Control points. For any non-compliance, consequence management which includes disciplinary cases and opening criminal cases with SAPS is undertaken.
  • Bag-less society is implemented in all Correctional Facilities and the relevance of this is discussed during morning parade and at security forum committee meetings.
  • Frequent patrolling of outer perimeter fencing on a daily basis including foot patrols during the day and night.
  • Officials are sensitised on a daily basis on the consequences of colluding in corrupt activity with offenders and inmates.
  • Smuggling and corrupt activities by officials within the Correctional Facilities is a standing point of the agenda at morning parade and at security forum meetings
  • Searching of official vehicles, service providers and visitors using metal detectors search mirrors, scanners and body scanners at entry points.
  • The use of EST officials to conduct random surprise search operations at all access points of the Correctional Facility.
  • The assistance of SAPS, Metro Police (sniffer dogs), South African Revenue Services inspection services (illegal imports) and Crime Intelligence Unit are requested at different intervals
  • The use of DCS K9 Unit (sniffer dogs & corridor dogs) during surprise searching operations.
  • The use of walkthrough, hand held metal detectors, scanners, of parcel scanners and the use of x/ray scanners which are installed at certain Correctional Facilities
  • Incidents of smuggling by officials with offenders are investigated and disciplinary action taken against perpetrators.
  • Use of internal information gathering on smuggling or corrupt activities.
  • The Emergency Security Team (EST) at Management Areas is tasked to continually do search and clean-up operations.
  • M&E including provision of support to custodial officials by management.
  • The issue of integrated planning with stakeholders which features prominently as DCS works closely with other players in the security space, such as, SAPS, DOD, CSIR, etc. does yield good results.

(b)(i) Eighteen (18) officials have been dismissed for smuggling goods and contrabands.

(b)(ii) Seventy-four (74) officials were prosecuted in the past two years, 40 cases for 2019/2020 financial year and 34 cases for 2020/2021 financial year.

END.

29 April 2022 - NW1166

Profile picture: Msimang, Prof CT

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

(1)Whether, with reference to the appointment of Mr Makgothi Samuel Thobakgale as Acting National Commissioner of the Department of Correctional Services on 27 September 2021, following the departure of Mr Arthur Fraser almost six months ago, any plans are in place for the appointment of a permanent National Commissioner; if not, why not; if so, (2) whether he will furnish Prof C.T Msimang with (a) a timeline for the appointment of a permanent National Commissioner of the Department of Correctional Services and (b) the date on which this process will begin; if not, why not in each case; if so, what are the relevant details in each case?

Reply:

(1) Yes, plans are in place for the appointment of a permanent National Commissioner.

(2)(a) A four months recruitment plan is in place and it is envisaged that a permanent National Commissioner will be appointed no later than 31 July 2022.

(2)(b) The process has begun as the position was advertised on 07 March 2022 with a closing date of 28 March 2022. It is envisaged that shortlisting and interviews will be conducted during April 2022 and May 2022.

END

29 April 2022 - NW1186

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Tito, Ms LF to ask the Minister of Justice and Correctional Services

Whether, following the recent escape of four offenders at Rooigrond Correctional Centre in Mahikeng, the specified facility has the required manpower and an equipped management to prevent future occurrences; if not, why not; if so, what are the relevant details?

Reply:

The bed space capacity of Rooigrond Medium A Correctional Centre is 645, the current inmate population is 895 which is 38.76% over populated. Based on the inmate population, the current approved posts establishment is not sufficient.

The centre has an approved post establishment of 196, with 183 filled (93.37%) and 13 posts vacant (6.63%). The Department has a new organisational structure approved by the Minister of Justice and Correctional Services for consultation to address the challenges of staff shortage.

END.

29 April 2022 - NW1117

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

With reference to his reply to oral question 3 on 2 March 2022, that his department and the National Prosecuting Authority (NPA) are working with the National Treasury in order to finalise a protocol and system in terms of which the NPA will be enabled to make use of donor funding in order to deal with the prosecution of cases that are flowing from the reports of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, what (a) progress has been made in finalising the specified protocol and system and (b) is the target date by which the protocol and system will be finalised and implemented?

Reply:

On 17 February 2022, the Director-General (DG) of the Department of Justice and Constitutional Development (DoJ&CD) approved the National Prosecuting Authority (NPA)’s request to establish a multi-disciplinary Task Team to Develop/Review the draft Terms of Reference (ToR) for the Donor Review Committee prepared by the NPA.

The Task Team met on 8 March and 25 March 2022. The Task Team is currently in the process of compiling a detailed report to the National Director of Public Prosecutions and the DG of DoJ&CD in which certain recommendations will be made on purpose, and the rules and procedures that will govern its operations.

The target date for implementation of the protocol is 30 June 2022.

28 April 2022 - NW754

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

What (a) is the (i) current total number of inmates requiring medical care in the Republic and (ii) most prevalent disease amongst inmates and (b) steps has his department taken to prevent inmates from getting sick?

Reply:

(a) (i) The current total number of inmates requiring medical care in South African correctional facilities cannot be predicted for a particular time as they all remain potential patients. Nonetheless, all inmates have access to health care services based on their individual health needs as mandated by the current Departmental Policy Procedures on Health Care.

(a) (ii) The most prevalent disease amongst inmates is the Human Immunodeficiency Virus (HIV).

(b) The following standard measures are implanted to prevent inmates from getting sick:

  • Screening of inmates on admission, during incarceration and on release for communicable diseases in order to facilitate early diagnosis and the initiation of treatment;
  • Provision of treatment for communicable and non-communicable diseases in compliance with the Standard Treatment Guidelines and Essential Medicines Lists (STGs and EML;
  • Provision of Primary Health Care services to inmates on a daily basis to address their health needs. Those that require secondary and tertiary levels of care are referred to the relevant external and sensitization sessions on various health conditions as well as maintenance of hygiene standards such as promotion of hand and respiratory hygiene for inmates with regard to COVID-19 through different media as well as implementation of infection prevention and control (IPC) measures;
  • Compliance to the Department of Correctional Services specific Standard Operating Procedures for Preparedness, Detection and Response to COVID-19 in order to contain and mitigate COVID-19 infections in the correctional facilities;
  • Administering of COVID-19 vaccines to the inmates who have agreed to be vaccinated in order to achieve herd immunity in the correctional facilities thus mitigating the impact of the COVID-19 pandemic; and
  • Provision of meals to inmates addressing their nutritional needs.

END

28 April 2022 - NW810

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

What are the reasons for the high withdrawal rate of over 50% of case enrolments for fraud and corruption (details furnished); (2) Whether he has found that a conviction success rate of five out of 13 cases in specialist units such as the (a) Specialised Commercial Crime Unit and (b) National Prosecuting Authority is acceptable; if not, what is the position in this regard; if so, (3) Whether the success rate does not represent serious underperformance; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. In order to address the question with regard to the withdrawal rate it is necessary to indicate the details of the thirteen (13) finalised cases. Five (5) cases resulted in convictions, two (2) cases resulted in acquittals, and in the remaining six (6) cases prosecution was in fact declined.

The six (6) cases wherein prosecution was declined are as follows:

  •  

1.1 Lichtenburg CAS 259/8/2016

Background of Case (Summary)

Financial Intelligence Centre (“FIC”) identified several deposits into the bank account of the Chief Financial Officer of Ditsobotla Local Municipality from the following entities:

(a) Khoisan Roads Cc, Ipes-Utility Management Services (PTY) LTD, and Bay Breeze Trading 241 Cc.

(b) Two (2) of the abovementioned entities are service providers of Ditsobotla Local Municipality.

Outcome:

The main suspect has passed away, and prosecution was declined on 22 July 2021.

  •  

1.2 Potchefstroom CAS 81/05/2011

Background of Case (Summary)

Docket was opened by the Department of Education North West in Potchefstroom. The complainant alleges that two tenders were awarded to four companies during 2007. During investigations by the Department of Education it was discovered that two of these four companies were allegedly front companies.

Outcome:

The Deputy Public Protector (DPP) declined to prosecute due to insufficient

evidence to prosecute.

1.3 Hartbeespoortdam CAS 174/6/2016; and

1.4 Hartbeeesporrtdam CAS175/06/2016

Background of Case (Summary)

The docket was opened by the Department of Water and Sanitation North West at Hartbeespoort dam. The complainant alleged that the suspects contravened sec 57 (e) of the PFMA, by appointing a company to upgrade the road at Hartbeespoort dam and Lindleyspoort dam whereas the terms of the contract does not make provisions for such services. It was also found the same service provider allegedly had received other tenders without following tender procedures.

Outcome:

The DPP declined to prosecute due to insufficient evidence.

  •  

1.5 Mogwase CAS 204/03/2013

Background of Case (Summary)

The Department appointed a contractor to disburse an amount of R1.5m to create projects to alleviate poverty for 100 indigent’s community members but the contractor allegedly disbursed for only 22 indigents. The said contractor allegedly failed to return to the site to continue with the project as agreed in the service level agreement and stole the remaining amount.

Outcome:

The DPP declined to prosecute because the suspect is deceased.

  •  

1.6 Mmabatho CAS 270/05/2011

Background of Case (Summary)

The Department of Education advertised a tender seeking a motivational speaker who will render service to different districts within the province for a period of six (6) months. The MEC, Superintendent-General and officials connived with the appointed service provider to defraud the Department by inflating prices and claiming for services not rendered.

The case was before the Mahikeng High Court and was struck off the roll, on 25 August 2014 because the prosecutor needed to finalise the charge sheet and get permission from the DPP North West to re-enrol the matter.

Outcome:

Application for re-enrolment was submitted to the DPP who requested the DPCI to follow-up on certain aspects before a final decision could be made. On 21 September 2021, the DPP refused authorisation in terms of section 342A of Act 51 of 1977 for re-enrolment of the matter, and the matter is now deemed finalised.2. 

2. In regard to the remaining seven (7) finalised cases, prosecution was instituted and resulted in five (5) convictions and two (2) acquittals. This translates to a conviction rate of 71%. The details of the two (2) cases wherein the accused were acquitted are as follows:

2.1 Wolmaranstad CAS 92/12/2010

Background of Case (Summary)

The municipality advertised a tender for refuse trucks whereby the complainant was one of the service providers that bid for the tender. The complainant alleges that he was approached by the employees of the municipality whereby they promised to influence the bid committee to award the said tender to him for benefit.

Outcome:

Matter was before court on 24 April 2019. The accused were acquitted. The complainant was a single witness, as the second witness, his son, passed away prior to the proceedings. At the stage when the matter was partly heard, it happened on repeated occasions that an interpreter was not available for the complainant, and the Court refused further postponement of the matter in terms of section 342A of Act 51 of 1977, resulting in the acquittal of the accused.

  •  

2.2 Mahikeng CAS 165/01/2018

Background of Case (Summary)

The Department of Health advertised a vacancy for the Head of the Department (HoD) post. The appointed HoD misrepresented himself by submitting false information during his application. Information was received that the appointment was irregular as he did not meet the requirements as per the advert of the post. Preliminary investigations were conducted, and it was proved that there was a prima facie case that needs further investigation. 

Outcome:

The case was prosecuted in the High Court, and the accused was acquitted on 09 November 2021. The court found their versions to be reasonably possibly true.

3. It is submitted that, given the abovementioned context, the finalisation of these thirteen (13) cases does not represent serious under-performance.

END

 

 

 

28 April 2022 - NW919

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

Whether, with reference to the address of the National Director of Public Prosecutions (NDPP) to the Standing Committee on Public Accounts on 15 February 2022, wherein she indicated that the National Prosecuting Authority (NPA) would be open to receiving private funding in order to do its work, the NDPP at any stage discussed the specified matter with him; if not, why not; if so, (2) Whether it is his department’s position to get private donors to fund the NPA; if not, what is the position in this regard; if so, what has he found would be the implications of this on the independence of the NPA?

Reply:

(1) and (2) Government has an obligation to ensure that state institutions are adequately resourced. To date, National Treasury has met this obligation in respect of the National Prosecuting Authority (NPA). As a result, the question of private donor funding does not arise. In this financial year, R1,2 billion has been allocated to the NPA. In the next financial year, the NPA is expected to advise the Department of Justice and Constitutional Development and National Treasury if a shortfall arises. Having addressed the issue of adequacy of funding, I have been informed of requests by the NPA regarding the acceptance of donor funding, its modalities, measures to ensure accountability and to address perceptions of interference with the independence of the NPA and actual interference with the independence of the NPA. These engagements have been ongoing with the Director-General of the Department as the Accounting Officer and the NPA. In this regard, a governance framework for the acceptance of donor funding is being considered.

In general, all private donor funding is processed through the Reconstruction Development Programme which falls under the administration of the National Treasury. In terms of this programme, domestic and foreign grants are received and dispensed according to strict guidelines, controls and oversight.

Should we have a scenario wherein the budget of NPA can only be supplemented by donor funding, the process mentioned above will apply. Safeguarding the independence of the NPA remains of utmost importance. A proper governance framework will be put in place to ensure that the NPA will be sufficiently insulated.

END

28 April 2022 - NW1145

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

With reference to the closure of the Rustenburg Magistrates Court on 25 February 2022 due to health and safety considerations, what (a) are the reasons that his department failed to ensure that the necessary steps were taken in respect of the maintenance and refurbishment of the building to prevent its closure and (b) steps have been taken since the closure of the building to restore the right to occupy and use of the building?

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) did not fail to ensure that necessary steps are taken in respect of the maintenance and refurbishment of the building to prevent the closure of Rustenburg Magistrate’s Court.

The Department has a delegation of R100 000.00 per incident as part of the day-to-day maintenance guidelines to ensure that the challenges experienced at the court are addressed. Below are the day-to-day maintenance issues addressed by the Department through the North West Regional Office:

  • Leaking pipes;
  • Repairs to ablution facilities;
  • Repairs to ceilings;
  • Security and office lights; and
  • Air conditioners.

However, the Rustenburg Magistrate Court was served with a prohibition notice by Bojanala Platinum District Municipality for reasons listed below:

  • Failure to provide the facility users (public and staff members) with an environment that is not harmful to their health and well-being.
  • Exposing facility users to asbestos fibre material that were found to be dripping from the ceiling within the facility passage and court area.
  • Exposing facility users to unsafe structural conditions of falling ceiling boards with asbestos lining, and failure to provide adequate ablution facilities for public and staff members.
  • Ignoring and allowing continued use of non-functional ablution facilities and use of same toilet facilities by both genders.

Therefore, the efforts made by the North West Regional Office delegation were not sufficient to address all the challenges highlighted above.

b) Rustenburg Magistrate Court is old and dilapidated, and there will always be facility issues and structural challenges due to aging of the building. After the closure of the court, an action plan monitored on weekly basis was developed to address the issues raised. Since the court reopened, service providers to attend to unhygienic toilets and contractors to fix the ceilings were appointed, and the facility is cleaned.

The Bojanala Platinum District Municipality confirmed that the Department has rectified the issues that were raised, lifted the notice and the court is currently operational.

Permanent solution of the maintenance challenges to the court:

The long-term solution for the court is to repair and renovate the building to eliminate unhygienic conditions of the premises that pose a health risk and nuisance to public health and safety.

  • The Rustenburg project started in March 2007 as a Repair and Renovations (planned maintenance) project registered and funded by Department of Public Works and Infrastructure (DPWI). The project went out on tender in 2012. The tender lapsed without the appointment of a service provider by DPWI. The DPWI did not fund the project in the 2013/14 financial year due to budget cuts.
  • The DPWI requested DoJ&CD to fund the project under capital budget in May 2013, and the DoJ&CD agreed to the proposal in July 2013, on condition that additional accommodation vacated by SARS at the adjacent building be added to the project, upgrading of the old court and all security measures and ICT requirements be included.
  • The project scope included:
  • Conversion of existing offices to accommodate officials within the court, including adjacent Public Protector and Family Advocate at Old SARS building;
  • Additional Family Courts at the Old SARS building;
  • Walk way adjoining the main court building to the Old SARS building;
  • Guardhouse;
  • Access for people living with disability;
  • Covered and uncovered Parking around both buildings;
  • Air-conditioning system;
  • Ablution facilities;
  • Plumbing system;
  • Repairs to walls, windows, doors, roof and floor skirting;
  • Installation of a lift at the main building; and
  • CCTV, alarm, PABX, Control Room and Server Room.
  • A Pre-Design Information Request (PDIR) was issued to the DPWI’s Town Planning Services (TPS) in September 2014 for purposes of clearing the site. The site clearance was issued in March 2015.
  • A Sketch Plan Committee meeting which was scheduled for 4 October 2016 turned into a technical meeting because the DPWI Professional Services Quantity Surveyor was not happy with the high project estimate/high building cost.
  • The project was re-advertised on 20 September 2019 and closed on 23 October 2019, the briefing meeting was held on 4 October 2019. The project validity period expired before appointment was concluded.
  • The project was re-advertised on 01 April 2021 and closed on 05 May 2021. The bid has been going back and forth between DPWI Regional Office and National Bid Adjudication Committee (NBAC). To date, no contractor is recommended or appointed. The bid evaluation process is underway at DPWI.

In light of the above, this is what the Department has been trying to do over the years but due to the procurement processes of DPWI, the DoJ&CD find itself in a dire situation.

The DPWI is currently going through the evaluation process for the third time, and DoJ&CD hopes that the contractor will be appointed in the 2022/23 financial year for the refurbishment of the court to be completed.

END

28 April 2022 - NW1205

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

Following his engagement with the stakeholders who are activists in the quest for decriminalisation of sex work in the Republic, (a) what were the resolutions of the engagement, (b) how do the resolutions nourish the advocacy for decriminalisation of sex work and (c) what role will he be playing in the quest for decriminalisation for sex work?

Reply:

The South African Law Reform Commission released its Report on Adult Prostitution in 2017. Cabinet, at the time, decided not to make a policy choice at that stage and felt that the issue of the possible decriminalisation of sex work should be further debated. There are various policy and legislative options. In order to take the debate on the possible decriminalization of adult sex work forward, the Deputy Minister of Justice and Constitutional Development, Mr John Jeffery, has started a series of consultative meetings with various stakeholders and interest groups. The Deputy Minister of Justice and Constitutional Development has met with representatives of the pro-decriminalization sex work sector and has had similar meetings with other stakeholders who have a variety of views on the matter.

a) No resolutions have been taken as the engagements with stakeholders are ongoing, but the intention is to proceed with the finalization of a Draft Bill by the end of this year.

b) There are no resolutions as the engagements are ongoing, but the engagements with stakeholders seek to elicit a wide range of views on the matter.

c) As mentioned above, the current engagements are being led by the Deputy Minister of Justice and Constitutional Development. Once a Draft Bill has been prepared, the Minister will approach Cabinet to seek approval to publish the Bill for public comment.

28 April 2022 - NW1327

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

With reference to the preliminary report received by the Department of Justice on the structural defects pertaining to the Palm Ridge Magistrates’ Court Building in Gauteng, which advised that a further and full investigation by a structural engineer was called for on an urgent basis in order to ascertain with certainty whether the structural deficiencies of the specified court building were of such a nature that it was no longer safe to use, what steps have been taken (a) to source on an urgent basis such further report by a structural engineer and (b) in the meantime to ensure adherence to health and safety standards at the building?

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD)’s Gauteng Regional Office requested the Department of Public Works and Infrastructure (DPWI) to conduct a structural assessment on the Palm Ridge Court facility on 08 November 2021.

The request was based on numerous complaints that the users of the building had been raising to the attention of the DoJ&CD’s Gauteng Regional Office where administration staff, judiciary and the public at large felt they were not safe to either occupy or utilize the Palm Ridge Magistrate Court facility due to its severe structural defects.

The assigned structural engineer visited the site to conduct an inspection on 15 November 2021. The nature of the inspection involved assessment of the Palm Ridge Magistrate Court facility to pronounce on its structural integrity and provide recommendations. The recommendations on the Investigation Report, Condition Assessment: Palm Ridge Magistrate Court were that a complete status quo report be conducted by a professional team and where the need for further investigation arises, a specialist be requested.

The DoJ&CD wrote to DPWI and requested that a comprehensive assessment on the structural integrity of the building be conducted, and a new repairs and renovations project on the facility be registered.

ZAS Architects & Planners and Fhatani Consulting Engineers together with representatives from DPWI and DoJ&CD undertook a review of issues identified within the Investigation Report: Conditional Assessment: Palm Ridge Magistrates Court, Johannesburg as prepared by DPWI on Thursday, 3 February 2022. A detailed report, dated 8 February 2022, covers two (2) sections, a response to remedial items identified by the structural engineering services division and prioritization of remedial items identified.

ZAS Architects & Planners and Fhatani Consulting Engineers provided their professional opinion that there were no major remedial items identified that warrant the building unsafe, and the facility can be used for its intended purpose. Notwithstanding, the remedial work as identified should be carried out expeditiously.

b) The structural engineer report has declared the building safe for occupation. However, the report further outlined the remedial works that needed to be executed as part of the maintenance of the court. DPWI has attended to the following identified challenges on an emergency basis:

  1. Leaking roof;
  2. Damaged ceilings;
  3. Non-functional lift;
  4. Damaged flooring;
  5. Urinal systems; and
  6. High-rise lighting globes.

For the remedial work required to fix the cracks, DPWI is in the process of appointing a contractor. In anticipation of the appointment of the contractor to fix the wall cracks, DoJ&CD is of the view that the remedial work cannot be executed while the users are in the building.

The DoJ&CD has been looking for an alternative accommodation for officials occupying the one wing which is severely affected by wall cracks. Two (2) locations have been identified, one (1) is a community hall within a 5km radius of the court earmarked as alternative accommodation, upon municipality engagement and approval. The second location is a vacant land parcel opposite the court, this is privately owned and can be utilized as parking. The owner of the site has agreed to let out the land to DoJ&CD officials to use as parking daily. The courts parking area will be used to place park-homes as offices and mobile courts while repairs are being attended to at the court.

END

28 April 2022 - NW1067

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Khawula, Ms MS to ask the Minister of Justice and Correctional Services

(a) What are the reasons that his department has failed to intervene and/or resolve the matter relating to a certain official (name and details furnished), who has been repeatedly prevented from assuming responsibilities, despite various arbitration and court orders instructing the department to re-instate the specified official and (b) on what date is it envisaged that the official will be allowed back at work without any further hindrances?

Reply:

a) The Department did not fail to intervene and/or resolve the matter in terms of administrative legislative prescripts. The Department is following processes provided for in law.

b) The matter is handled within legislative prescripts and must be allowed to follow due course. The matter is sub judice as fair administrative procedure depends on prevailing circumstances of each case.

END

25 April 2022 - NW191

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Lorimer, Mr JR to ask the Minister of Justice and Correctional Services

(a) What number of supplier invoices 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, (b) what is the total amount outstanding in each case and (c) by what date is it envisaged that the outstanding amounts will be settled?

Reply:

a) For the period ending 31 January 2022, the analysis for the unpaid invoices of more than 30 days was as follows:

  1. (aa) >30 days
  1. (bb) >60 days

(i)(cc) > 90 days

(i)(dd)>120 days and above

No.of invoices

Total Value

No.of invoices

Total Value

No.of Invoices

Total Value

No.of Invoices

Total Value

3 205

R15 193 370.14

1078

R3 474 541.90

745

R3 014 842.40

2 507

R4 770 030.52

( c) It is envisaged that by the end of March 2022 the above-mentioned outstanding invoices would be paid.

END

25 April 2022 - NW27

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

Given that in January 2022, there were alarming reports that five offenders attacked correctional services officials at the Mthatha Correctional Centre in the Eastern Cape, what is the latest progress on the internal investigations into the matter; (2) Whether any official reports have been submitted to him and/or his department; if not, what is the position in this regard; if so, what action will he take to increase security measures at the specified correctional centre.

Reply:

  1. A security incident was reported, the investigation has been completed and submitted to the delegated authority. The recommendations of the report were approved and are currently in implementation. Furthermore, a criminal case has been reported to the Police (SAPS case number 155/1/2022)
  2. Yes, a report was submitted. The centre has been stabilized and the 9four perpetrators identified in the incident have been subjected to disciplinary processes as prescribed. In addition, the offenders have been reclassified as high risk and transferred to an appropriate facility. The Emergency Support Team (EST) has been deployed to augment security in the Management Area. In addition, the Management Area is implementing an action plan to eliminate contrabands from entering the centre.

END

OBJECTIVE

STRATEGY

ACTIVITIES

To maintain a secure and safe environment that is conducive to the rehabilitation of inmates and the attendance of remand detainees in court processes.

Working with Intelligence Agencies

  • Collaborate with Intelligence agencies i.e., Secret Security Agency (SSA), South African Police Services (SAPS), Crime Intelligence, South African National Defence Force Intelligence;
  • Information sharing and actions to be taken on High Risk offenders, officials, members of the community and illegal activities taking place inside and outside correctional facilities.
 

Vetting and Screening of all Officials

  • All Officials to undergo vetting / screening
 

Profiling of Gang members

  • Photos are taken of all the tattoos on the offenders’ body. (Upper and Lower body);
  • Record all additions and changes to profiled tattoos with regular intervals/ as soon as it becomes known;
  • Utilisation of community profiling information;
  • Previous history of offences;
  • Maintenance of Electronics Record Systems for easy reference;
  • Track and trace including monitoring of re-offending patterns.
 

Management of Security Information

  • Identify gang members and high risk inmates upon admission. All warrants (J7) and relevant documents are screened upon admission;
  • All cases of intimidation/threats must be registered with the Head of Correctional Centre (HCC);
  • HCC must liaise with Area Commissioner and external law enforcement agencies such as the SAPS and SSA in cases of intimidation and threats;
  • Identified high risk inmates (syndicates/organised crime and high risk awaiting trials) should be transferred to Correctional Centres away from their power base.
 

Establishment of Security Committees

  • Committees have been established in order to effectively manage security activities in centres such as searching, segregation of offenders, discipline, etc. Hold monthly meetings to analyse incidents, security breaches and compliance to security protocol.

To facilitate the combatting approach to prevent ,reduce and eradicate disruptive groups (e.g. gangs) on the Management of Correctional Centres;

Interventions to discourage Gangsterism

  • Offenders that divulge security information leading to positive results are rewarded in line with Special Remission policy;
  • Disciplinary actions are taken against gang members and Staff for involvement in gang activities;
  • Criminal activities reported to law enforcement agencies;
  • Develop an Information gathering and processing capacity in order to implement a “Virtual Analytics environment “ linking collectors, exploiters , analysts, and stakeholders electronically , to improve its responsive to and the management of gangs.
 

Development and Implementation of an Information Management

 

To enable inter-sectorial co-operation (i.e. government and civil society) to promote Correctional Centre and Community safety

Establish Inter-Sectorial forums to promote Correctional Centre and community safety

  • Regular meetings between Head of Centres and Law Enforcement Agencies
  • DCS Management and officials participate in the following structures:
  • Provincial Joint Operational And Intelligence Structure (PROVJOINTS), National Joint Operational And Intelligence Structure (NATJOINTS), National Intelligence Coordinating Committee (NICOC), Anti-Gang Unit (AGU), Community Forums, Special Operations, etc.
  • Educate learners at Schools and Community members about the danger of engaging in Gang activities
  • Educate and train officials on how to infiltrate gang operations

To address the potential negative effects of incarceration;

Interventions to discourage Gangsterism:

• Inmates that divulge security information leading to positive results are rewarded in line with Special Remission policy;

• Disciplinary actions are taken against gang members and Staff for involvement in gang activities;

• Criminal activities reported to law enforcement agencies;

 

Development and Implementation of an Information Management System

  • Develop Information gathering and processing capacity in order to implement a “Virtual Analytics Environment “ linking collectors, exploiters , analysts, and stakeholders electronically , to improve responsiveness to the management of gangs .

To address the potential negative effects of incarceration;

Effective orientation of inmates on admission and during incarceration;

  • An orientation/ Information manual is availed to all offenders upon admission and during Case Management Committee processes (CMC);
  • Orientate all Remand Detainees on admission;
  • All inmates are informed of Unit rules upon admission and continuously thereafter;
  • All inmates are sensitised to the threats of Gangsterism on a continuous basis;
  • Implementation of Integrated Inmates Management System (IIMS).

To develop and build knowledge about Gangs and effective response in Gang Management to inform, review and monitor / improve strategies

Ongoing Research to improve knowledge on Gangs and other disruptive inmates groups and creating safer correctional centers

  • Department is currently in negotiation with Council for Scientific and Industrial Research (CSIR) to sign an MoU to assist with research on various topics of which gangsterism is included.
 

Mitigation of gang activities

  • The process of training officials on basic intelligence and information gathering is underway;
  • Ensure separation of inmates involved in gang activities from the rest of inmate population, vulnerable inmates, first time offenders and offenders with further charges.

END

25 April 2022 - NW1002

Profile picture: Horn, Mr W

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

With reference to his reply to question 3 on 2 March 2022 that he occasionally approves the temporary recruitment of specialists by the National Prosecuting Authority (NPA), specifically persons with suitable qualifications and experience, in terms of section 38 of the NPA Act, Act 32 of 1998, (a) who are the persons with whom agreements in terms of section 38 of the NPA Act are currently in place and (b) what are the details of the specific cases in which the aforesaid persons have been engaged to perform duties and functions for the NPA?

Reply:

a)  The details of the persons with whom the National Prosecuting Authority (NPA) has entered into agreements in terms of section 38 of the NPA Act are as follows:

1. Adv. Z Matebese, SC has been appointed to prosecute in the matter of State versus R Mkhwebane, which is a perjury case against the Public Protector opened as per Hillbrow CAS 536/08/2019. The perjury charges are based on the adverse factual findings by the Constitutional Court relating to the honesty and integrity of the Public Protector as per Public Protector v South African Reserve Bank (CCT 107/2018) 2019 (6) SA 253 (CC). At the heart of the allegations against the accused, is the false statements she made regarding the purpose of the meeting she had with Presidency on 7 June 2017, and the discussions she had with the Presidency regarding the remedial action in her final report in respect of an investigation into loan funds made available by the South African Reserve Bank to an entity called Bankorp Ltd, which was later taken over by Absa Bank Ltd. The matter is of a high-profile nature and involved an important Chapter 9 institution.

2. Adv. Nazir Cassim, SC, Adv. Sandra Freese and Av Thabile Ngubeni have been appointed in respect of a High Court Case in Bloemfontein re State versus N Mokhesi and 15 Others (Case Number 45/2021). The accused, during pre-trial proceedings, gave the State notice of their intention to file certain motion applications on various issues, including but not limited to inter alia that the evidence before the Zondo Commission be excluded in the criminal trial, as well as an application pertaining to the applicability of sections 27 and 34 of the Prevention and Combating of Corrupt Activities Act 12 of 2004, and allegations in respect of the infringement of various rights of the accused. The accused referred to allegations of impropriety on the part of the State and National Prosecuting Authority (NPA), including Senior State Advocate De Nysschen and the investigation team. The aforementioned counsel had dealt with similar applications for the State. They were appointed to provide services for the duration of the criminal proceedings under the aforesaid case number and any other related matters and appeal processes that may arise out of the criminal proceedings against the accused.

3. Adv. Izak Pansegrouw has been appointed in respect of a High Court Case in Johannesburg regarding the State v Sylla Moussa. The case emanates from the former DSO where advocates James De Villiers and Pansegrouw were seized with the matter. Both have since resigned. The accused is a Guinean national who, during June 2006, was charged with sixteen (16) counts of fraud, alternatively, three (3) counts of theft and three (3) counts of money laundering in terms of the provisions of the Prevention of Organised Crime Act (POCA), Act 121 of 1998.

The prosecution of Mr Sylla Moussa is the second longest outstanding matter on the High Court roll in Johannesburg. The matter has been dragging for more than twelve (12) years due to various and incessant interlocutory applications brought by the accused. The Judge President of Gauteng, Honourable Justice Mlambo has already on numerous occasions expressed his concern and displeasure with the apparent problems finalising the matter. He has already allocated a specific Judge to case manage the matter.

This is a very complex fraud matter and voluminous in nature. The preamble of the indictment reflects the following: The accused was in control of two (2) accounts held by corporate entities with ABSA bank. The said accounts were labeled “credit accounts” and bore no-risk status, which meant that the accused could immediately make withdrawals against cheque deposits made into the account. Electronic transfers can only be made from such an account if sufficient funds exist in that account, even if only by way of cheque deposits. The accused allegedly conducted “cross fire fraud” which is described in the preamble to the indictment as follows:

a) No value cheques or cheques of insufficient value (“facilitation cheques”) would be deposited into the beneficiary bank account at ABSA and drawn against the drawer’s account at ABSA.

b) The lack of funds in the drawer’s account to support the amount depicted as per face value of the facilitation cheques, resulted in an artificial credit being created in the beneficiary bank account.

c) The drawing and deposit of the facilitation cheques would be recorded as debit and credit entries respectively. The balances and credits recorded on the respective bank statements of the beneficiary and drawer bank account would therefore not be representative of the genuine or underlying funds created by such transactions, but would be artificial and designed to mislead Absa into accepting that the accused or the corporate entities were conducting bona fide transactions or were involved in genuine and bona fide arm’s length business transactions while they were not.

4. Adv. Wim Trengove, SC, Adv. Andrew Breitenbach, SC,Adv Hephzibah Rajah and Adv. Ncumisa Mayosi were appointed in respect of STATE VERSUS JACOB G ZUMA AND THALES SOUTH AFRICA (PTY) LTD (CASE NUMBER CCD 30/2018) in the KZN High Court. The accused (Mr. JG Zuma) had on the first day of the criminal trial on 17 May 2021, given the State formal notice of his intention to file a special plea in terms of section 106(1)(h) of the CPA and section 35(3) of the Constitution, Act 108 of 1996, wherein he would seek a recusal of the lead prosecutor, Adv. Billy Downer, SC. In the light of the accused attack under oath against Adv. Downer personally, the latter had to file an answer on behalf of the State under oath. Counsel were required to settle such an answer and to argue the matter before the criminal court, as Adv. Downer would be disqualified from doing so himself. A substantial part of these allegations in the accused affidavit were strikingly similar to the allegations which Zuma made in his permanent stay application previously before court. The full court had either found the allegations to be without foundation or struck out the scandalous and vexatious allegations, including those against Adv. Downer personally, in the permanent stay ruling handed down on 11 October 2019. The counsel previously engaged, namely: Adv. Wim Trengove, SC, Adv. Andrew Breitenbach, SC, Adv. Hephzibah Rajah and Adv. Ncumisa Mayosi, had all worked on the preparation, drafting and arguing of the permanent stay application against Mr Zuma. They accordingly had an in-depth knowledge of the history of this matter and the relevant arguments he advanced in his special plea.

5. Adv. C.J Mouton SC, Adv. G Wolmarans and Adv. Chuma Mcoseli were appointed in respect of THE DIRECTOR OF PUBLIC PROSECUTIONS GRAHAMSTOWN VERSUS TIMOTHY OMOTOSO & OTHERS in the Eastern Cape High Court.

The accused in the aforementioned matter stands before Court on the following charges:

a) COUNT 1

Managing an enterprise conducted though a pattern of racketeering activity (contravention of section 2 (1) (f) of the Prevention of Organised Crime Act 121 of 1998 as amended)

b) COUNT 2

Participating in the conduct of an enterprise through a pattern of racketeering activity (contravening section 2(1)(e) of the Prevention of Organised Crime Act 121 of 1998 as amended)

c) COUNT 3, 5, 9, 14, 16, 20, 23, 26, 30, 33, 35, 38, 41, 45, 46, 48, 49, 51, 54, 56, 57, 60 and 62

Trafficking in persons for sexual purposes (contravening section 71 (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended).

Alternatively, Involvement in Trafficking in persons for sexual purposes (contravening section 71(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended).

4) COUNT 4, 7, 8, 11, 15, 18, 22, 25, 32, 37, 40, 43, 44, 52, 53 and 59

Rape (contravening section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended)

5) COUNT 6, 10, 13, 17, 21, 24, 27, 28, 29, 31, 34, 36, 47, 50, 55, 58, 61 and 63

Sexual assault (contravening section 5(1) of Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 as amended)

On 28 April 2021, the Defence filed an application in the Eastern Cape High Court for an order to declare a “mistrial” in the matter. When the Defence brought the said application, it became apparent that the allegations levelled against the prosecution team were quite serious and it became impossible for the State’s advocates seized with the criminal prosecution to continue dealing with the application in Court. In the circumstances, an application was made to the Honourable Minister of Justice and Correctional Services to approve the appointment of Adv. C.J Mouton SC, Adv. G Wolmarans and Adv. Chuma Mcoseli in terms of section 38(1) of the NPA Act 32 of 1998, since a determination had already been made that the matter should be opposed. The aforesaid section 38 Counsels have thus been appointed on behalf of the State to appear and argue the “mistrial” application.

6. THE STATE VERSUS CLIFFORD BISHOP AND OTHERS

The accused in the aforesaid matter are being prosecuted on a charge of arson, two (2) counts of murder and two (2) counts of attempted murder. Adv. Glenn Gregory Turner is prosecuting the matter. Adv. Turner has been on contract as a Senior State Advocate stationed at the Office of the Director of Public Prosecutions (DPP), Grahamstown. He was a member of the NPA for approximately 40 years. When his contract with the NPA expired on 30 June 2021, Adv. Turner requested his supervisor to complete the aforesaid matter, which at that stage was partly heard, in order to avoid inconvenience and costs.

7. THE STATE VERSUS XOLANI ZUNGU AND THREE (3) OTHERS

Adv. Greef was a Senior State Advocate attached to the Organised Crime Component, Durban. The aforesaid officer retired from the NPA with effect from 1 April 2021. She however declared to her supervisor willingness to return to complete the aforesaid matter without remuneration. The trial has been proceeding since April 2019, and the matter could not be finalised by the time Adv. Greef retired due to Covid-19 crisis.

The DPP held a view that it is in the interest of justice and expedient for Adv. Greef to continue prosecuting the matter, as she has been involved in the matter since its inception, and was au fair with all the challenges involved in the matter. The appointment of another prosecutor to continue with the matter would have potentially delayed the matter further, and involved unwarranted costs to the NPA.

  1. The table below provides details of specific cases the aforementioned persons have been engaged to perform duties and functions for the NPA:

Name of Supplier

Business Unit

Description of Service

Ministerial Approval date

Cost

Adv. Nazeer Ahmed Cassim, SC

ID

Estina Dairy Farm

19 May 2020

R3 000/h

Adv. Isak Zirk Pansegrouw

DPP Gauteng South

State v Sylla Moussa

21 May 2020

R1 800/h

Adv. Wendy Greeff

DPP KZN

State v Xolani Zungu and 3 others

31 Mar 2021

R0

Adv. Zinzile Zandisile Matebese, SC

NPS

State v Busisiwe Mkhwebane

13 Apr 2021

R2 350/h

Adv. Glenn Gregory Turner

DPP Grahamstown

State v Clifford Bishop and 2 others

06 Sep 2021

R0

Adv. Andrew M Breitenbach, SC

NPS

State v J Zuma and Thales South Africa

24 May 2021

R3 600/h

Adv. Ncumisa Mayosi

NPS

State v J Zuma and Thales South Africa

24 May 2021

R1 900/h

Adv. Hephzibah Rajah

NPS

State v J Zuma and Thales South Africa

24 May 2021

R2000/h

Adv. Wim Trengove

NPS

State v J Zuma and Thales South Africa

24 May 2021

R4 800/h

Adv. Christiaan Johannes Mouton, SC

DDPP Port Elizabeth

State v Timothy Omotoso and others

31 May 2021

R3 200/h

Adv. Chuma Emily Mcoseli

DDPP Port Elizabeth

State v Timothy Omotoso and others

31 May 2021

R600/h

Adv. G Wolmarans

DDPP Port Elizabeth

State v Timothy Omotoso and others

31 May 2021

R2 200/h

Adv. Nazeer Ahmed Cassim, SC

DPP Bloemfontein

State v N Mokhesi and 15 others (Asbestos)

17 December 2021

 

Adv. Sandra Freese

DPP Bloemfontein

State v N Mokhesi and 15 others (Asbestos)

17 December 2021

 

Adv. Thabile Ngubeni

DPP Bloemfontein

State v N Mokhesi and 15 others (Asbestos)

17 December 2021

 

25 April 2022 - NW924

Profile picture: Denner, Ms H

Denner, Ms H to ask the Minister of Justice and Correctional Services

With regard to the Government’s efforts to curb and eradicate gender-based violence in our society, what total number of (a) sexual offences courts have been fully established and are functioning throughout the Republic and (b) magistrates have been dedicated to such courts; (2) what total number of (a) cases have been brought before the dedicated courts and (b) the specified cases (i) have resulted in successful convictions and/or (ii) are still pending; (3) what (a) total number of offenders who have been found guilty were sentenced to imprisonment and (b) were the (i) minimum and (ii) maximum sentences handed down by the dedicated courts?

Reply:

(1)(a) From August 2013 up to 7 February 2020, the Department upgraded 106 courts into sexual offences courts in line with the MATTSO[1] Sexual Offences Courts (SOC) Model. Pursuant to the promulgation of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007) (the Act), these courts are now referred to as the MATTSO courts.

On 7 February 2020, section 55A of the Act was promulgated into law to introduce the statutory sexual offences courts that must be established and resourced in line with the Regulations relating to Sexual Offences Courts. The Department is in the process of converting the MATTSO courts into the section 55A sexual offences courts. However, this does mean that the MATTSO courts ceased to function, as section 55A (5) of the Act empowers the MATTSO courts and the rest of the courts for the regional divisions to deal with sexual offences matters, even though they are not established as the sexual offences courts yet.

On 30 March 2022, the Minister received a letter of concurrence from the Acting Chief Justice to designate courts where the section 55A sexual offences courts must be established. With this progress at hand, it is therefore anticipated that the first batch of these courts will be released in the next financial year (2022/23).

(b) As indicated in paragraph (1)(a) above, at present only the MATTSO courts are prioritising the adjudication sexual offences matters until the establishment of the section 55A sexual offences courts. The Department is unable to provide the exact number of magistrates dedicated to the MATTSO courts, as the allocation of such presiding magistrates falls under the purview of the administrative functions of the head of each regional division (referred to as the Regional Court President). In seeking to formalise the execution of this judicial function per regional division, section 55A (7) of the Act requires the head of each regional division to issue directives with the purpose of ensuring that sexual offences matters receive priority at each sexual offences court. It is therefore expected that the Regional Court Presidents will issue these directives upon the establishment of the section 55A sexual offences courts planned for the 2022/23 financial year.

(2) During the period 1 April 2021 to 28 February 2022, the 106 MATTSO courts registered the following cases according to the following metrics:

Reply to Question (2)(a)

Reply to Question (2)(b)(ii)

Province

No. of MATTSO Courts

Total No. of new cases registered

Total No. Pending cases

Eastern Cape

6

151

327

Free State

9

403

593

Gauteng

21

695

810

KwaZulu-Natal

12

425

700

Limpopo

10

142

333

Mpumalanga

7

246

507

Northern Cape

12

150

274

North West

14

161

506

Western Cape

15

349

936

TOTAL

106

2 722

4 986

(2)(b)(i) During the period 1 April 2021 to 28 February 2022, the NPA reported cases of sexual offences finalised with conviction as follows:

 

Total No of cases finalised with a verdict

Total No of Cases finalised with a Conviction

Percentage of Conviction

All provinces

4 040

3 008

74.5%

Courts attached to the 55 TCCs

1 190

910

76.5%

3. The Department is currently not collecting statistics according to the types of sentence imposed on convicted sex offenders, and this includes sentences imposed in terms of the minimum sentencing legislation referred to as the Criminal Law Amendment Act, 1997 (Act 105 of 1997). However, the correction of this matter is already receiving attention. In January 2022, the Department established a Task Team constituted by statisticians, gender-based violence and femicide (GBVF) specialists and the system developers drawn from DoJ&CD, NPA, Legal Aid South Africa, the Integrated Justice System (IJS) and the judiciary to address gaps in the current data metrics of the Integrated Case Management System (ICMS): Criminal and to align this data repository to the new changes introduced by the recent 3 GBV Amendment Acts of 2021. The upgrading of the ICMS: Criminal will unfold in a phase-in approach which gives priority to the inclusion of the additional data metrics on sentencing, as part of Phase 1. The latter Phase is expected to be finalised in 2022/23 financial year.

While the Department’s ICMS upgrade is in progress, the NPA is collecting statistics on the imprisonment sentences imposed on convicted sex offenders, but in a limited scale. During the period 1 April 2021 to 28 February 2022, the NPA reported that the 55 Thuthuzela Care Centres (TCCs) recorded the following breakdown of sentences imposed exclusively on convicted rape offenders:

Offence

Type of Sentence

Number

RAPE

Life imprisonment

173

 

20-25 years imprisonment

89

 

10-19 years imprisonment

338

Please note that these statistics do not give the complete performance of all courts in the country, as it is limited only to those courts that are linked to the 55 TCCs.

  1. Ministerial Advisory Task Team on the Adjudication of Sexual Offences Matters

25 April 2022 - NW406

Profile picture: Horn, Mr W

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

What contract management measures are in place in his department to ensure that contract periods and/or durations do not end before a new service provider is appointed?

Reply:

In improving contract management at DCS, contract management at Department of Correctional Services, contract owners or End Users are reminded in writing twelve (12) months ahead and within six months another follow up is made in advance to ensure that contract periods or durations do not end before a new service provider is appointed.

In addition, this contract register also assist to indicate if the service provided is still required and what are the implications going forward.

The department also issued a directive that no extension of contract will be entered into as part of improving contract management and reducing irregular processes.

END

01 April 2022 - NW590

Profile picture: Nqola, Mr X

Nqola, Mr X to ask the Minister of Justice and Correctional Services

Whether, given that the alleged murderers of a certain person (name and details furnished) have been released on bail and that, in a way, this has compromised the confidence of persons in the justice system, and without getting to the merits of the case, he can assure the citizens of the Republic that justice will be done and that the persons responsible for the heartless murder will see their day in jail; if not, why not; if so, what are the relevant details?

Reply:

The National Director of Public Prosecutions has received the following information from the Director of Public Prosecutions, KwaZulu-Natal in whose jurisdiction the matter is being prosecuted:

  1. The evidence in the docket presents a strong case against the accused with at least two witnesses who made statements in terms of section 204 of the Criminal Procedure Act.
  2. There is further evidence corroborating their evidence independently.
  3. The matter is set down for trial due to start on 18 August 2022. At present, the State is ready to proceed and witnesses will be called to present evidence in pursuit of a successful prosecution.
  4. The granting of bail does not amount to the weakness of the state’s case despite the ruling by the Magistrate, which the State is intending to appeal.
  5. The State opposed bail on 21 May 2019 after the accused were arrested and bail was refused. On 03 February 2022 the accused appeared at Ixopo Magistrates’ Court where they applied for bail on new facts. The State opposed bail and the accused were nonetheless granted bail on 15 February 2022. The accused were each granted bail of R5000. The court found that exceptional circumstances existed which in the interest of justice permitted the granting of bail, based essentially on the delay in the commencement of the trial and issues related to the facts of the case. The court decided on its own which conditions to impose and the amount of bail without engaging the parties thereto. The State has indicated its intention to appeal and the record of the bail proceedings is being transcribed. The accused are required as bail conditions to attend the criminal proceedings at all times, report to identified police stations on Mondays and Fridays and reside in identified places, not to enter the jurisdiction of Umzimkhulu during the subsistence of the criminal proceedings against them, not to communicate with state witnesses and to hand over their passports.