Questions & Replies: Justice and Constitutional Development
2010-09-03
THIS FILE CONTAINS 25 REPLIES.
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PARLIAMENTARY QUESTION NO.: 3541
DATE OF QUESTION: 26 NOVEMBER 2010
3541. The Leader of the Opposition (DA) to ask the Minister of Justice and Constitutional Development:
(1) With reference to his reply to question 2168 on 31 August 2010, what time frame has been set for the completion of the ethics review currently being conducted by Cabinet;
(2) whether the Cabinet's decision to apply interim sanctions on those found guilty of violating the Executive Ethics Code apply retrospectively from the beginning of the current disclosure cycle which began in June 2010; if not, why not; if so, what are the relevant details?
NW4381E
REPLY:-I wish to inform the Honourable Member that after having perused all the parliamentary replies I have submitted to Parliament so far, the question he is referring to i.e. 2168 was never, at any point, directed to me. This question was directed to the Honourable President JG Zuma, President of the Republic of South Africa.
I can however provide the Honourable Member with the following details regarding this matter:-
(1) During November 2010, Cabinet considered a memorandum by the Department of Justice and Constitutional Development regarding the matter. The Department also proposed draft amendments to the Executive Members' Ethics Act, 1998 (Act 82 of 1998), as well as to the Executive Ethics Code that was promulgated in terms of the said Act. Cabinet approved in principle that the amendments concerned be formally developed and processed in the ordinary course of business. Consequently, an "Executive Members' Ethics Amendment Bill" would be prepared for introduction during the next session of Parliament. The amendments to the Code must, in terms of section 3 of the said Act, be done by the President by proclamation, after consultation with Parliament. The draft amendments to the Code would therefore also be submitted to Parliament during the course of its next session.
(2) Cabinet has been advised that there is no basis in law for the application of sanctions, which are not prescribed (or authorised) under the said Act or the Code, to members who are subject to the Act and the Code.
Financial support to National Youth Development Agency
3521. Mrs D A Schäfer (DA) asked the Minister of Justice and Constitutional Development:
(1) Whether (a) his department and (b) any entities reporting to his department provided any financial support to the National Youth Development Agency (NYDA) for the World Festival of Youth and Students to be held in Pretoria in December 2010; if not, why not; if so, (i) what amount was provided to the NYDA, (ii) from which budget were these funds drawn, (iii) who made the decision to provide these funds to the NYDA and (iv) how is this (aa) decision and (bb) amount justified;
(2) whether the NYDA made any other request to (a) his department and (b) any entities reporting to his department to provide support to the festival; if not, what is the position in this regard; if so, what are the relevant details? NW4360E
The Minister of Justice and Constitutional Development:
The information relating to the Department of Justice and Constitutional Development is detailed below:-
(1)(a) I would like to inform the Honourable Member that the Department of Justice and Constitutional Development (DoJ&CD) has not provided any financial support to the National Youth Development Agency (NYDA) for the hosting of the 17th World Festival of Youth and Students (WFYS).
The DoJ&CD has identified and committed to the following three deliverables for the WFYS:
· The activation of Special Courts that will be dealing with criminal cases that emanate from the Festival from 13 – 23 December 2010;
· Facilitation and activate the running of the Mock Court from 19 – 21 December 2010; and
· Participate in the Festival Exhibition/Stalls.
The technical assistance mentioned above will be supported financially by the DoJ&CD's budget. These financial costs have not been finalised yet.
(2)(a) No. The NYDA has not made any other requests to the DoJ&CD.
(1)(2)(b) The information relating to Legal Aid South Africa (LASA) is detailed below:
LASA has not provided any financial support to the NYDA for the WFYS. Furthermore, LASA was not approached to contribute to the funding of this event.
The information relating to the Public Protector of South Africa (PPSA) is detailed below:
The PPSA has not provided any financial support to the NYDA for the WFYS. No request was made to the Public Protector to contribute to fund this event.
PARLIAMENTARY QUESTION NO.: 3503
DATE OF QUESTION: 26 NOVEMBER 2010
3503. Mr S Mokgalapa (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether he intends introducing a hate crime statute; if not, why not; if so, (a) which forms of hate crimes will be included and (b) how will hate crimes form part of the offence,
(2) whether any research has been conducted into the prevalence of hate crimes; if not, why not; if so, (a) when was the research conducted and (b) what were the findings?
NW4342E
REPLY:-(1) I wish to inform the Honourable Member that my Department has already prepared a draft bill dealing with hate crimes. Research to inform the contents of the legislation is, however, still being conducted with due regard to growing international concerns regarding this matter. The Department will consult with all the relevant civil society organisations and other stake-holders on the finalisation of the envisaged legislation.
(a) Should the legislation be proceeded with, it will have to cover racism, racial discrimination, xenophobia and related intolerance. The legislation will further be guided by international instruments, such as the Durban Declaration and Programme of Action adopted by the South African Government at the World Conference Against Racism in 2001, as well as the United Nations Convention on the Elimination of All Forms of Racial Discrimination of which South Africa is a signatory.
(b) Since research is still being conducted, it is not possible at this stage to indicate how hate crimes will form part of the offence.
(2) There is no legislation on our statute book criminalising hate crimes and consequently there has not been an instance where a person has been charged with hate crimes. This has made the collection of statistics into the prevalence of hate crimes impossible. Although the envisaged legislation is still in an investigation stage, consideration is being given to making provision in the legislation for the development of a barometer, aimed at measuring the prevalence of cases relating to racism, racial discrimination, xenophobia and other related intolerances. This will ensure that the statistics on racial discrimination cases are collected in a coordinated manner.
Currently, cases involving racial discrimination, hate speech and harassment are dealt with in terms of existing legislation and the common law in the criminal courts and as civil cases in the equality courts established under the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000) (PEPUDA), respectively. For example, a violation of the right to dignity can be prosecuted as the common law crime of crimen injuria. In addition, section 17 of the Riotous Assemblies Act, 1956 (Act 17 of 1956), permits the prosecution of a person, under certain circumstances, whose acts or conduct constitute an incitement to public violence.
It should also be pointed out that section 10 of PEPUDA prohibits hate speech and provides that, in addition to any civil remedy granted by an equality court, that court may refer any such case to the relevant Director of Public Prosecutions for the institution of criminal proceedings in terms of the common law or relevant legislation. Furthermore, section 28(1) of PEPUDA, which is not yet in operation, provides that if it is proved that unfair discrimination on the grounds of race, gender and disability played a part in the commission of an offence, this must be regarded as aggravating circumstances for purposes of sentence.
PARLIAMENTARY QUESTION NO.: 3473
DATE OF QUESTION: 26 NOVEMBER 2010
3473. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:
(a) How many employees of (i) his department and (ii) any entities reporting to his department who are on level 11 salary scale and above have been suspended with full pay (aa) in the 2009-10 financial year and (bb) during the period 1 April 2010 up to the latest specified date for which information is available and (b) what is the total amount of money that was paid by his department in respect of these salaries?
NW4308E
REPLY:-(a)(i) The information related to the Department of Justice and Constitutional Development (DoJ&CD) is detailed below for the Honourable Member.
(aa)(bb) For the 2009/2010 financial year and the period 1 April 2010 to 30 November 2010, my Department has two officials who are on suspension at levels 12 and 13 respectively.
Level 12: 1
Level 13: 1
(b) The total combined salary cost paid to these officials for the financial year 2009/10 up to date is R 1,652,541.75.
(a)(ii) The information related to the National Prosecuting Authority (NPA) is detailed below for the Honourable Member:
(aa)(bb) For the 2009/10 financial year and the period 1 April 2010 to 30 November 2010, the NPA has 8 officials who are on suspension at levels 11 and above:
Level 12: 4
Level 13: 1
Level 14: 2
Level 15: 1
(b) The total combined salary cost paid to these officials for the financial year 2009/10 up to date is R5 067 600-00.
NPA | |
2009/2010 | 1 April 2010 until date |
R3 356 973-00 | R1 710 627-00 |
Total costs: R5 067 600-00 |
(aa)(ii) The information related to the Legal Aid South Africa (LASA) is detailed below for the Honourable Member:
(aa)(bb) Only one employee on level 11or above was suspended for a period of three weeks on 15 September 2009 up until 5 October 2009 on which date he resigned with immediate effect during a disciplinary hearing.
(b) The gross salary paid to the employee during the period of suspension amounted to R36,324.48.
(a)(ii) The information pertaining to the other entities reporting to my Department will be forwarded to the Honourable Member as soon as it has been finalised.
PARLIAMENTARY QUESTION NO.: 3368
DATE OF QUESTION: 19 NOVEMBER 2010
3368. The Leader of the Opposition (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether he intends introducing a "cooling off" period for Ministers as part of the ethics review that is currently being conducted by Cabinet; if not, why not; if so, what are the relevant details;
(2) whether the Government has a policy position with regard to former Ministers conducting business immediately after leaving office in a related sector to that of the ministerial portfolio; if not, why not; if so, what are the relevant details?
NW4198E
REPLY:-(1)(2) I would advise the Honourable Member to approach the Ministry in The Presidency: Performance Monitoring, Evaluation and Administration regarding this issue.
Liquidators awarding Orkney and Grootvlei mines to Aurora Empowerment Systems
3350. Mr L W Greyling (ID) asked the Minister of Justice and Constitutional Development:
Whether he intends setting up a Board of Liquidators to regulate the actions of liquidators following the awarding of the Orkney and Grootvlei mines to Aurora Empowerment Systems; if not, why not; if so, when will this be done? NW4178E
The Minister of Justice and Constitutional Development:I wish to inform the Honourable Member that Liquidators remain responsible to the Masters of the High Court for their actions. The conduct of the provisional Liquidators in the Orkney and Grootvlei mines is currently under the scrutiny of the Master of the North Gauteng High Court. Appropriate action, if required, will be taken by the Master of the High Court.
Although at this stage, the Department of Justice and Constitutional Development (DoJ&CD) does not envisage the setting up of a Board of Liquidators to regulate the actions of Liquidators, it is busy with a process that will result in the Regulation of the Insolvency Industry. In the short term, the Minister of Justice and Constitutional Development will determine the policy for the appointment of insolvency practitioners in order topromote consistency, fairness, transparency and the achievement of equality for persons previously disadvantaged by unfair discrimination.
In the medium term, the Regulation of the Insolvency Industry as a whole will be addressed. The process will cover many areas, including the admission requirements to be licensed as an insolvency practitioner and the adoption of a code of conduct and discipline in the Industry.
In this Regulation process, consideration will be given to an Ombudsman who could hear matters emanating from the Regulation of the Insolvency Industry. The process has reached a stage where initiatives, such as the Minister's Policy on the Appointment of Liquidators and the Unified Insolvency Bill, are integrated and attended to
3229. Mrs J F Terblanche (DA) asked the Minister of Justice and Constitutional Development:
What is the (a) total cost and (b) number of copies of each (i) annual report and (ii) report on strategic plans that was produced by (aa) his department and (bb) any of its entities in the 2009-10 financial year? NW4043E
The Minister of Justice and Constitutional Development:
The information requested by the Honourable Member is detailed in the table below:
ANNUAL REPORTS 2009/10 | ||
Name of Department/ Entity | (a) Total cost | (b) Number of copies |
(i)(aa)(1) Department of Justice and Constitutional Development | R228,259.78 | - 6 x digitally printed copies - 250 x printed copies - 100 x CDs |
(i)(aa)(2) Guardian's Fund | R86,721.38 | 200 x printed copies |
(i)(aa)(3) President's Fund | R21,513.50 | 200 x printed copies |
(i)(aa)(4) CARA | R29,702.00 | 200 x printed copies |
(i)(bb)(1) National Prosecuting Authority | R 187,000.00 | 1 100 x printed copies |
(i)(bb)(2) South African Human Rights Commission | R 128,226.63 | 1 000 x printed copies |
REPORTS ON STRATEGIC PLANS 2009/10 | ||
Name of Department/ Entity | (a) Total cost | (b) Number of copies |
(ii)(aa) Department of Justice and Constitutional Development | R 0 | Nil |
(ii)(bb)(1) National Prosecuting Authority | R 65,749.95 | 500 x printed copies |
(ii)(bb)(2) South African Human Rights Commission | R 11,210.50 | 500 x printed copies |
The information for the Office of the Public Protector will be forwarded to the Honourable Member as soon as it has been received.
PARLIAMENTARY QUESTION NO.: 3180
DATE OF QUESTION: 05 NOVEMBER 2010
3180. Mrs S V Kalyan (DA) to ask the Minister of Justice and Constitutional Development:
(a) How many Chinese nationals have been convicted since 1 January 2008 of (i) poaching wildlife resources and (ii) trading in wildlife resources listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) and (b) what was the sentence in each case?
NW3985E
REPLY:-(a)(i)(ii) I wish to inform the Honourable member that there were 17 Chinese nationals convicted of poaching and trading wildlife resources since 1 January 2008.
(b) Details of the sentence in each case are as follows:
Case 1: R100 000 or 2 years imprisonment and a further period of imprisonment of 2 years wholly suspended for 5 years.
Case 2: Accused 1: R250 000 or 3 years imprisonment and a further period of 5 years imprisonment suspended for 5 years.
Accused 2: R150 000 or 3 years imprisonment and a further period of 3 years imprisonment suspended for 5 years.
Accused 3: R30 000 of 18 months imprisonment and a further period of 2 years imprisonment suspended for 5 years.
Accused 4: R100 000 or 2 years imprisonment and a further period of imprisonment suspended for 5 years.
Case 3:R1500 admission of guilt fine paid.
Case 4:R10 000 or 12 months imprisonment and 1 year imprisonment suspended for 5 years.
Case 5:Diplomatic Immunity – case withdrawn
Asset Forfeiture: R30 000 and U$ 2000
Case 6:R3 000 or 6 months imprisonment
Case 7: R50 000 or 12 months imprisonment and a further period of 2 years imprisonment suspended for 5 years.
Asset Forfeiture: R412 510
Case 8:Diplomatic Immunity
Asset forfeiture: 12 Ivory statues
Case 9: In terms of Section 105 Plea Agreement, R2 000 000 or 48 months imprisonment of which R100 000 or 24 months is suspended for 5 years.
Asset Forfeiture: R1 370 000 cash forfeited to the state.
Case 10: Charges withdrawn against accused 1 and 3. Accused 2 sentenced to R 100 000 or 6 years imprisonment.
Case 11: Fined R70 000 or 3 years imprisonment. In addition, a further 3 years imprisonment wholly suspended for 5 years on condition that the accused is not convicted of contravening Section 57 of Biodiversity Act 10 of 2004 committed during the period of suspension.
QUESTION NO.: 3156
DATE OF QUESTION: 05 NOVEMBER 2010
3156. Adv H C Schmidt (DA) to ask the Minister of Justice and Constitutional Development:
What is the current position regarding the prosecution of the civil case (details furnished) involving a certain person (name furnished) and the Road Accident Fund as represented by the Office of the State Attorney?
NW3959E
Case referred to:- Case of retired Major Daniel B Swanepoel with force number 64970P (15 June 1992)Person referred to:- Mr Swanepoel
REPLY:- The Road Accident Fund (RAF) is represented in RAF matters by their own panel of private attorneys. The State Attorney handles some RAF matters where civil servants claim against the RAF. The Honourable Member is requested to provide my Department with further details, including the nature of the case being referred to so that a response can be prepared.QUESTION 3132
3132. Mr T D Harris (DA) to ask the Minister of Justice and Constitutional Development:
Whether the Registrar of the Court sent the judgment of the conviction of a certain person (name and details furnished) to the Companies and Intellectual Property Registration Office (Cipro) for the inclusion on the disqualified directors register as required by section 218 of the Companies Act, Act 61 of 1973; if not, (a) why not, (b) who was responsible for sending the judgment to Cipro and (c) what action has been taken against the person for failing to send the judgment to Cipro; if so, (i) on what date was the judgment sent and (ii) who at Cipro acknowledged receipt of the judgment? NW3932E
Name and details referred to:- Mr Tony Yengeni's fraud conviction (S v Yengeni 2006 (1) SACR (T))
REPLY:-I wish to indicate to the Honourable Member that there is no statutory obligation for the Department of Justice and Constitutional Development (DOJ&CD) to send through information to the Companies and Intellectual Property Registration Office (CIPRO). Section 218 of the Companies Act, Act 61 of 1973 (the Act), which the Honourable Member mentions, is not relevant as it deals with civil actions and does not deal with criminal convictions or the CIPRO Register or the ineligibility and disqualification of persons to be a director.
Since there is no statutory obligation on the DOJ&CD to send through this information, the judgment of the conviction of the certain person was not sent through to CIPRO, just as judgments in general are not sent through, unless requested. It should also be noted that no court order pursuant to the Act was made regarding the case in question.
In view thereof that CIPRO is dependent upon relevant institutions to meet its obligations in terms of its Registers, representatives of the DOJ&CD have, in order to assist CIPRO in general with information arising from court cases, met with representatives of CIPRO. As a result of the meeting, the Regional Heads of the DOJ&CD will be requested to put measures in place to provide CIPRO with any required court information. In view of the huge task to go through all relevant court records, it was decided that the High Court information will be prioritised.
QUESTION NO.: 3114
DATE OF QUESTION: 05 NOVEMBER 2010
3114. Ms D Kohler-Barnard (DA) to ask the Minister of Justice and Constitutional Development:
Whether, with reference to his reply to question 271 on 9 July 2009, his department has spent any money on the process to extradite the New Zealand-based nurse who released the contents of the medical file of a certain person to the press; if so, (a) what amount was spent and (b) from which budget was this amount taken?
NW3914E
REPLY:-(a) No.
(b) Not applicable.
PARLIAMENTARY QUESTION NO.: 3086
DATE OF QUESTION: 29 OCTOBER 2010
3086. Mrs H N Ndude (Cope) to ask the Minister of Justice and Constitutional Development:
Whether, in view of the fact that the National Prosecuting Authority's head of organised crime (name furnished) had revealed that 26 cases of rhino poaching involving at least 80 suspects was now under investigation, he has taken any steps to ascertain why (a) the cases are not being investigated with more vigour and (b) the case against eleven accused of alleged involvement in poaching were dropped; if not, what is the position in this regard; if so, what are the relevant details?
NW3812E
Person referred to:- Adv Johan Kruger REPLY:-(a) I wish to inform the Honourable Member that I am not in a position to comment on the investigation of any case docket pertaining to rhino poaching. Such a question should be addressed to the Minister of Police, who would be in a position to supply the required information.
(b) The case relating to the eleven accused, is the case of The State versus Dawie Groenewald and 12 others. (A further two accused have been added, totaling thirteen accused at present.) This matter has, since the arrest of the first suspects on 20 September 2010, not been withdrawn or struck from the roll. This case was postponed on 22 September 2010 in the Musina Magistrate's Court to 11 April 2011 for the purposes of further investigation. A Senior Advocate from the National Prosecuting Authority is guiding the investigation and will prosecute in the case.
PARLIAMENTARY QUESTION NO.: 3046
DATE OF QUESTION: 29 OCTOBER 2010
3046. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
What is the reason for the difference in income received for sale of goods and services other than capital assets from a targeted R16 541 million to an actual amount of R43 659 million as reported on page 39 of his department's 2009-10 annual report?
NW3766E
REPLY:-I would like to inform the Honourable Member that prior to November 2009, the Masters' fees were paid by means of revenue stamps, thus the said fees were paid directly into the revenue fund either by the South African Revenue Service (SARS) or the South African Post Office. In view of the repeal of the Stamp Duties Act, 1968, all monies with effect from 1 November 2009, are paid directly into the Department's account and subsequently paid to the National Revenue Fund on a monthly basis.
An amount of R28 million was collected in this regard as at 31 March 2010, hence a difference of R27 118 million between the targeted amount of R16 541 million and the actual amount received of R43 659 million.
PARLIAMENTARY QUESTION NO.: 3045
DATE OF QUESTION: 29 OCTOBER 2010
3045. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) How many magistrate courts are functioning as equality courts;
(2) how many (a)(i) clerks and (ii) magistrates are allocated to each court and (b) cases have been (i) filed and (ii) finalised in each court?
NW3765E
REPLY:-(1) In terms of section 16(1)(c) of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000), there are 386 Magistrates' Courts designated as equality courts.
(2)(a) The attached table is the breakdown of the list of allocated personnel per court:
2(b)The attached tables reflect a summary of the cases that have been (i) filed and (ii) finalised in each province:
SUMMARY OF ALL CASES FILED AND FINALISED DURING THE PAST THREE FINANCIAL YEARS
Year | Number of Cases Reported | Number of Cases Finalised |
2008/2009 | 606 | 409 |
2009/2010 | 493 | 180 |
2010/2011 | 174 | 67 |
GRAND TOTAL | 1273 | 656 |
The table attached indicates all cases (i) filed (reported) and (ii) finalised as on 31 September 2010 in each court. The table provides statistics as from 1 April 2008 till 31 September 2010.
QUESTION NO.: 3007
DATE OF QUESTION: 29 OCTOBER 2010
3007. Mrs J F Terblanche (DA) to ask the Minister of Justice and Constitutional Development:
(1) (a) Who are the members of his department's audit committee since 1 April 2010, (b) when were these members appointed and (c) how many (i) properly constituted, (ii) quorate, (iii) invalid and (iv) non-quorate meetings has the audit committee held;
(2) whether any issues of (a) internal control or (b) risk management have been (i) identified by and (ii) reported to the accounting officer of the audit committee; if not, why not, in each case; if so, what are the relevant details in each case?
NW3721E
REPLY:-(1)(a)(b) Details of the Department of Justice and Constitutional Development's Audit Committee since 01 April 2010:-
Audit committee members Appointment Date
Mr Cedric Boltman - Re appointed 15 December 2009
Mr Motsamai Karedi - Re appointed 15 December 2009
Ms Matshego Ramagaga - 15 December 2009
Ms Bajabulile Luthuli - 15 December 2009
Ms Zodwa Manase - 15 December 2009
Mr Wilson Ramabulana - 15 December 2009
(c)(i) Since 1 April 2010, four properly constituted meetings were held and (ii) only one did not quorate.
(2)(a)(b) Issues pertaining to internal controls and risk management were discussed and the Audit Committee made recommendations for improvement and requested Management and the Accounting Officer to prioritise the implementation of corrective measures on those operational matters.
The Audit Committee requested for improved alignment between the internal audit process and risk management.
PARLIAMENTARY QUESTION NO.: 2988
DATE OF QUESTION: 22 OCTOBER 2010
2988. Dr C P Mulder (FF Plus) to ask the Minister of Justice and
Constitutional Development:
(1) Whether his department, with the aim of capacity development, has assisted the Sudanese government in any way; if so, (a) what form of assistance was given and (b) what was the extent of the assistance;
(2) whether his department carried the cost of the assistance to Sudan; if so, (a) what was the total cost of the assistance and (b) from which budget allocation of his department was the money paid;
(3) why did his department give the specified assistance to Sudan instead of applying it to the benefit of his department and the local judicial system?
NW3683E
REPLY:-
(1) I wish to inform the Honourable Member that yes, the Department of Justice and Constitutional Development has assisted the Government of Southern Sudan (GOSS) in capacity building. Assistance of Southern Sudan by the Department is part of the Project led by the then
Department of Foreign affairs (DFA), namely the DFA-GOSS-UNISA Capacity and Institutional Building Project for Southern Sudan (Project).
Pursuant to this, the Chief Directorate: International Legal Relations, the office of the Chief State Law Adviser and Justice College formed part of the then DFA delegation to conduct a fact-finding mission to Southern Sudan. During this mission, several areas of assistance were identified, in particular; the training of Judges and Legal Counselors on judicial proceedings and prosecution respectively. It has been established that training of Legal Counselors on legislative drafting is
critical as well.
(a) The assistance given to Southern Sudan was the training of their Judges and Legal Counselors through theoretical training and practical/experiential training.
(b) In 2008, the first group of twenty-two (22) Judges received theoretical training which was provided by UNISA.
Practical/experiential training was offered to these Judges by the Department through attachments in the Free State, KwaZulu-Natal and the North West Magistrate Courts, High Courts and Supreme Court of Appeal where they had an opportunity to observe court proceedings and interacted with their counterparts. Furthermore, the Judges visited the Constitutional Court for a tour of the site and had interactions with the Deputy Chief Justice D Moseneke and Justice A Sachs.
In 2009, the second group of twenty (20) Judges received
training on the following topics: criminal law and procedure, civil law,
law of evidence, human rights and professional ethics. They were
subsequently attached to the Gauteng High Courts and Magistrate Courts,
including the Family Court. The Judges had an opportunity to interact
with their South African counterparts, which included exposure to court
preparations and court proceedings in both the civil and criminal
courts.
NB: The two groups of Judges were given certificates after their
theoretical and practical/experiential training.
In 2009, a delegation of Legal Counselors from the
Government of Southern Sudan's Department of Legal Affairs and
Constitutional Development (MOLACD) received training in South Africa.
Since the Legal Counselors are responsible for both legislative drafting
and prosecution, the programme addressed both. The National Prosecuting
Authority shared experiences with them on combating organised and
serious crimes and also exposed them to prosecutions. With regard to
the latter, they were attached to the Director of Public Prosecutions
(DPP) offices in Mmabatho and Pietermaritzburg.
Under a Trilateral Agreement between the Department,
National Treasury and the United States Agency for International
Development (USAID), the Department has embarked on practical training
(shift from theoretical training) of Judges and Legal Counselors in
Southern Sudan (rather than in South Africa). In the main, training
should be given to address capacity gap on court proceedings,
prosecution and legislative drafting process. Other interventions are
needed to strengthen the rule of law and maintain due administration of
justice in Southern Sudan. To this end, the Department, in the first
half of October 2010, has provided training on legislative drafting to
Southern Sudan Legal Counselors. During the second half of October
2010, training on prosecution is to be given to Legal Counselors. A
programme on training of Judges will be developed in the near future
(Sudanese Judges are still considering the impact of the earlier
training of 2008 and 2009).
(2)(a) The Department incurred minimal cost of assistance to
Southern Sudan. In respect of the 2008 and 2009 training, there were no
major costs for the Department as training of Southern Sudan Judges and
Legal Counselors took place in South Africa. The Department paid flight
and accommodation costs for the fact-finding mission in Southern Sudan
(approximately R50 000 for two officials). Road transportation,
accommodation and meals costs of the Sudanese are not known as these
were paid by the then DFA. As for the October 2010 training, the
estimated costs for the South African delegation who conducted training
in Southern Sudan is R 107,224.00.
(b) As already indicated, the then DFA covered the costs for
the Sudanese whilst in the country during 2008 and 2009 under the
DFA-GOSS-UNISA Project. The costs in respect of the October 2010
training are to be covered by the USAID under the afore-mentioned
trilateral agreement.
QUESTION NO.: 2955
DATE OF QUESTION: 22 OCTOBER 2010
2955. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(a) How many advertisements have been placed in respect of prosecutor positions at the National Prosecuting Authority in the (i) 2007-08, (ii) 2008-09 and (iii) 2009-10 financial years and (b) in each case, (i) how many applications were received, (ii) how many appointments were made and (iii) what were the reasons for the unsuccessful applicants not being appointed?
NW3645E
REPLY:-The information requested by the Honourable Member is detailed below:
a)(i)(ii) and (iii) and b)(i) and (ii)
Year | Number of permanent posts advertised | Number of applications received | Number of permanent appointments made |
2007-08 | 1083 | 148 337 | 333 |
2008-09 | 368 | 28 664 | 162 |
2009-10 | 275 | 17 521 | 157 |
b) (iii) The unsuccessful applicants were not appointed for the following reasons:-
(1) They did not meet the relevant short-listing criteria;
(2) Their performances during the interviews were below par; and
(3) The number of vacancies for that particular post puts a limit on the number of people that could be appointed – therefore the best performing applicants were appointed.
QUESTION NO.: 2953
DATE OF QUESTION: 22 OCTOBER 2010
2953. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) (a) What amount was spent on no-shows in respect of (i) hotel and (ii) flight bookings by officials of (aa) his department, (bb) the National Prosecuting Authority, (cc) the SA Human Rights Commission and (dd) the Public Protector and (b) in each case, what (i) reasons were given for the no-show and (ii) action was taken to recover these costs;
(2) whether any other action has been taken as a result thereof; if not, why not; if so, what action?
NW3643E
REPLY:-I wish to inform the Honourable Member as follows:-
The Public Protector
(1) No monies were paid on no-shows in respect of hotel and flight bookings.
(2) Not applicable.
The South African Human Rights Commission
(1) No monies were paid on no-shows in respect of hotel and flight bookings.
(2) Not applicable.
The National Prosecuting Authority and the Department of Justice and Constitutional Development are in the process of verifying the relevant information. This information will be forwarded to the Honourable Member as soon as it has been finalised.
Edit of reply as agreed to by PLO of Dept Justide - Integration of reply of 7 Dec 2010 and 22 November - in order to integrate the replies - because minister said he was still waiting for information
The original version of the reply for 7 December is at the bottom of this doc, below the line
Amount spent on no-shows for flights and hotel bookings
2953. Mrs D A Schäfer (DA) asked the Minister of Justice and Constitutional Development:
(1) (a) What amount was spent on no-shows in respect of (i) hotel and (ii) flight bookings by officials of (aa) his department, (bb) the National Prosecuting Authority, (cc) the SA Human Rights Commission and (dd) the Public Protector and (b) in each case, what (i) reasons were given for the no-show and (ii) action was taken to recover these costs;
(2) whether any other action has been taken as a result thereof; if not, why not; if so, what action? NW3643E
The Minister of Justice and Constitutional Development:
The Public Protector:
(1) No monies were paid on no-shows in respect of hotel and flight bookings.
(2) Not applicable.
The SA Human Rights Commission:
(1) No monies were paid on no-shows in respect of hotel and flight bookings.
(2) Not applicable.
(1)(a) Amount spent on no-shows by officials:
ORGANISATION | (i) HOTEL | (ii)FLIGHT |
(aa) Department | R235,069.57 | R66,018.99 |
(bb) National Prosecuting Authority | R51 484, 01 | R5 125, 00 |
1 (b) (i) and (ii) Reasons for no-show and actions taken:
See attached
The following is a summary of the reasons that were advanced by officials for no shows:· Late/ last minute cancellation of meetings / events (no longer a reason to travel), and where it is too late to cancel;
· Late postponement of cases / urgent change of plans/ urgent change in instructions (no longer a reason to travel), and where it is too late to cancel;
· Unexpected illness or some other inability to travel as a result of private circumstances;
· An official is no longer required to travel / or unable to travel but a booking is either not cancelled or cancelled too late;
· Officials do not arrive on time and miss the required deadline;
· An official does not make use of a travel booking and fails to cancel the booking.
(2) All no-shows are investigated. Where the no-show was found to be clearly avoidable, a process to recover the attendant costs was instituted against the official. If the investigation reveals that the official was not negligent in his or her action, the expenditure is written off. Disciplinary action is instituted where appropriate.
PARLIAMENTARY QUESTION NO.: 2800
DATE OF QUESTION: 15 OCTOBER 2010
2800 Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
Why were 12 722 sexual offences cases removed from the court roll in the 2009-10 financial year?
NW3481E
REPLY:-
I wish to inform the Honourable Member that the 12 722 sexual offences cases that were reflected as cases removed from the roll refers to a cumulative figure for the total number of cases that were withdrawn from the roll, or removed from the court rolls due to warrants issued for the accused, cases transferred to Higher Courts, cases removed due to referrals for mental observations and cases struck off the roll. It should be noted that cases removed from the roll may at a later stage be re-enrolled should the circumstances of such cases change, for example: should a person be arrested after a warrant of arrest was issued, the case must be re- enrolled.
The figures are based on the Integrated Case Management System data extracted by the National Operation Centre in the Department and indicates the following breakdown of the 12 722 cases:
* Struck off the roll: 1915;
* Transferred: 1917;
* Warrants of arrest: 1207;
* Withdrawn: 7683; and
* 29 cases (0.6% of total) were removed due to referrals regarding mental observations.
PARLIAMENTARY QUESTION NO.: 2799
DATE OF QUESTION: 15 OCTOBER 2010
2799. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether his department paid for the cost of broadcasting the radio programmes (a) Justice on the Airwaves and (b) Law on Call; if not, what were the precise terms of the agreement in terms of which these programmes were broadcast; if so, (i) what are the full particulars of the broadcasters that were paid to broadcast these programmes, (ii) how much money was paid to each broadcaster in respect of each specified programme and (iii) from which budget item was the money paid;
(2) whether he will make copies of the agreements available to Parliament; if not, why not; if so, when?
NW3480E
REPLY:-
(1) Yes, I would like to inform the Honourable Member that my Department has paid for the cost of broadcasting the radio programmes (a) Justice on the Airwaves and (b) Law on Call.
(a) Justice on the Airwaves:-
(i) The Broadcaster paid is the South African Broadcasting Corporation.
(ii) An amount of R2,730,700 was paid to the South African Broadcasting Corporation.
(iii) The amount was paid from the Department's budget item: DG's Policy Reserve.
(b) Law on Call:-
(i) The Broadcaster paid is Kagiso TV and Communications.
(ii) An amount of R4,522,619.40 was paid to Kagiso TV and Communications.
(iii) The amount was paid from the Department's budget item: DG's Policy Reserve.
(2) The copies of the Agreements, as requested by the Honourable Member, are attached as requested.
QUESTION NO.: 2778
DATE OF QUESTION: 15 OCTOBER 2010
2778. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1)(a) At how many and (b) at which courts were there (i) escapes, (ii) shootings, (iii) stabbings or (iv) any other security breach in each of the past five financial years;
(2) whether these incidents have been investigated; if not, why not; if so, what was the outcome in each case;
(3) whether any additional measures have been put in place since these incidents; if not, why not; if so, what measures?
NW3456E
REPLY:-(1) The details requested by the Honourable Member for the past 5 years are detailed below:-
Financial year | Escapes | Attempted escapes | Shooting | Stabbing |
GAUTENG | ||||
2006/7 | 4 | 5 | - | - |
2007/8 | 3 | 1 | - | - |
2008/9 | 5 | 6 | - | 1 |
2009/10 | 6 | - | - | - |
2010/11 | 1 | 2 | - | - |
Total | 19 | 14 | - | 1 |
WESTERN CAPE | ||||
2006/7 | 2 | 2 | - | - |
2007/8 | - | - | - | |
2008/9 | 2 | 2 | - | - |
2009/10 | 1 | 2 | - | - |
2010/11 | 2 | 1 | 2 | 2 |
Total | 7 | 7 | 2 | 2 |
MPUMALANGA | ||||
2006/7 | 1 | 1 | - | - |
2007/8 | - | 1 | - | - |
2008/9 | 1 | 1 | - | - |
2009/10 | 5 | 4 | - | - |
2010/11 | 2 | - | 1 | - |
Total | 9 | 7 | 1 | - |
KWAZULU NATAL | ||||
2006/7 | 2 | - | - | - |
2007/8 | - | 1 | - | - |
2008/9 | 4 | - | - | - |
2009/10 | 1 | 2 | - | - |
2010/11 | 4 | 2 | - | - |
Total | 11 | 5 | - | - |
EASTERN CAPE | ||||
2006/7 | 5 | - | - | - |
2007/8 | 1 | - | - | - |
2008/9 | 1 | 1 | - | - |
2009/10 | 2 | 1 | - | - |
2010/11 | - | - | - | - |
Total | 9 | 2 | - | - |
FREE STATE | ||||
2006/7 | - | - | - | - |
2007/8 | - | - | - | - |
2008/9 | - | 1 | - | - |
2009/10 | 3 | 1 | - | - |
2010/11 | - | - | - | - |
Total | 3 | 2 | - | - |
LIMPOPO | ||||
2006/7 | 1 | - | - | - |
2007/8 | - | - | - | - |
2008/9 | - | - | - | - |
2009/10 | 2 | - | - | - |
2010/11 | 1 | - | - | - |
Total | 4 | - | - | - |
NORTHERN CAPE | ||||
2006/7 | - | - | - | - |
2007/8 | 2 | 3 | - | 1 |
2008/9 | - | - | - | - |
2009/10 | - | - | - | - |
2010/11 | - | 1 | - | - |
Total | 2 | 4 | - | 1 |
NORTH WEST | ||||
2006/7 | - | - | - | 1 |
2007/8 | - | - | - | - |
2008/9 | - | - | - | - |
2009/10 | - | - | - | - |
2010/11 | - | - | - | - |
Total | - | - | - | 1 |
Grand Total | 64 | 41 | 3 | 5 |
(2) In relation to escapes, I wish to inform the Honourable Member that the security measures put in place could not completely prevent the escapes. The handling and management of awaiting prisoners is the responsibility of the SAPS. The Honourable Member is requested to contact the SAPS for further details in this regard. With regard to shooting and stabbing incidents, there were only three (3) reported shooting incidents and five (5) stabbing incidents and all of them were investigated and all the perpetrators were arrested and are currently in prison.
(3) Yes, additional measures have been put in place since these incidents occurred. The following security measures are in place at these offices: - Walk-through metal detectors; X-Ray machines and fencing have been installed at courts to further prevent such incidents from recurring.
Based on the threats and risk assessments, some courts have been identified and prioritised for the implementation of the National Security Infrastructure Programme which include the installation and/or erection of:-
· Perimeter fencing of the court buildings in line with Heritage Council requirements where applicable and in line with Municipal By-Laws;
· Secured entry and exit points of the courts;
· Secured prisoner drop-off areas;
· Secured prisoner routes from police cells;
· Secured areas for members of judiciary and prosecution;
· Secured cash hall and reward rooms;
· Installation of CCTV's to monitor and record activities at all controlled entry and exit point; and
· The on-site operational control rooms and alarm detection system.
As part of enhancing the capacity and performance of security related functions, highly skilled and qualified security officers have been appointed in the regions. Furthermore, the security policy has been concluded to ensure that there is standardised implementation of minimum security measures at all sites.
A process has been developed between the DOJ&CD, the NPA, the SAPS, the Metro Police and Correctional Services to ensure that a risk trial plan is in place to back up security in advance in all court houses to minimise similar incidents from occurring in future when high profile cases or gang related cases are on the roll.
Continuous meetings are held between Provincial Security Managers, Court Managers and relevant stakeholders to discuss and attend to security issues at court level.
As part of the holistic approach in terms of mitigating the potential security risks associated with monies held in trust and robberies with aggravating circumstances that were prevalent at courts, my Department has also secured the services of Cash-in-transit services in most of our courts.
PARLIAMENTARY QUESTION NO.: 2772
DATE OF QUESTION: 15 OCTOBER 2010
2772. Mr M G Oriani-Ambrosini (IFP) to ask the Minister of Justice and Constitutional Development:
Whether he intends introducing legislation to declare null and void (a) any agreement or clause waiving rights and/or indemnifying from contractual liability or delictual liability arising out of acts of gross negligence or malice, (b) in terrorem clauses which preclude a party or a beneficiary from exercising his rights under pain of forfeiting other related rights, for instance in the case of clauses causing the loss of status as a beneficiary of a trust if the beneficiary of that trust takes legal action against the trust's trustee and/or (c) vexatory contractual clauses, especially those which waive statutory and other rights or change jurisdictional rules, unless such
clauses are duly highlighted and specifically and separately agreed to;if not, why not, in each case; if so, (i) when will such legislative process begin, (ii) what will the respective stages be, (iii) what is the intended completion date and (iv) what are the further relevant details?
NW3449E
REPLY:-
I wish to inform the Honourable Member that my Department has no legislation of the nature referred to in the question on its legislative programme or in the pipeline. The description of the legislation in the question of the Honourable Member is, with respect, unclear. The Honourable Member is requested to provide further details on the type of legislation he has in mind or similar legislation in other jurisdictions for the Department to study, with the view to determining the necessity of enacting similar legislation for the Republic.
PARLIAMENTARY QUESTION NO.: 2715
DATE OF QUESTION: 23 SEPTEMBER 2010
2715. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) How many maintenance orders are (a) currently being administered by his department and (b) in arrears by (i) one month, (ii) two months, (iii) three months and (iv) six months or more;
(2) whether there are any policies in place to assist persons in cases where maintenance orders are in arrears; if not, why not; if so, what are the relevant details?
NW3384E
REPLY:-(1)(a)&(b) I wish to inform the Honourable Member that maintenance orders are nationally being dealt with on a daily basis at court level. The information requested by the Honourable Member, is however, currently not readily available on a national basis. As I have indicated in my response in Parliamentary question no.: 2714 (2010), this information is available at court level, but if we need to collate it to provide the national figures, it would have to be done manually. I have also indicated in Parliamentary question no.: 2714 (2010) that my Department is in the process of developing an electronic reporting system for these cases.
In the meantime and to assist the Honourable Member however, statistics that are contained in the annual reports of the Department regarding maintenance orders granted during the past few years, are detailed below:
MAINTENANCE STATISTICS 2008/9:
Region | Maintenance Enquiries received | Maintenance applications received | Maintenance orders by default | Section 31 cases finalised | Emolument orders | Warrants of execution | Attachment order |
Eastern Cape | 20 541 | 16 499 | 918 | 1 753 | 2 252 | 975 | 549 |
Free State | 11 610 | 11 875 | 537 | 732 | 1 551 | 268 | 78 |
Gauteng | 21 121 | 17 374 | 566 | 2 444 | 2 839 | 515 | 252 |
KwaZulu-Natal | 30 684 | 11 396 | 780 | 1 224 | 1 982 | 135 | 229 |
Limpopo | 8 927 | 8 466 | 331 | 1 071 | 1 736 | 121 | 55 |
Mpumalanga | 13 055 | 9 205 | 576 | 1 564 | 2 886 | 174 | 60 |
North West | 10 511 | 8 540 | 685 | 399 | 2 960 | 222 | 148 |
Northern Cape | 5 191 | 3 680 | 116 | 738 | 501 | 33 | 3 |
Western Cape | 34 718 | 22 855 | 806 | 4 600 | 3 039 | 148 | 74 |
Total | 156 358 | 109 890 | 5 315 | 14 525 | 19 746 | 2 591 | 1 448 |
MAINTENANCE STATISTICS 2009/10:
Region | Enquiries received | Maintenance Applications received | Orders by default | Section 31 cases finalised | Emolument orders | Warrants of execution | Attachments of debt |
Eastern Cape | 36 103 | 22 835 | 1 356 | 2 635 | 3 137 | 757 | 173 |
Free State | 17 323 | 17 738 | 1 141 | 953 | 1 928 | 440 | 187 |
Gauteng | 45 450 | 29 241 | 832 | 3 482 | 5 617 | 501 | 180 |
KwaZulu-Natal | 67 737 | 19 396 | 1 434 | 2 190 | 3 939 | 297 | 712 |
Limpopo | 22 126 | 16 741 | 750 | 2 672 | 3 628 | 249 | 191 |
Mpumalanga | 17 104 | 14 013 | 863 | 2 184 | 3 458 | 128 | 124 |
North West | 18 872 | 48 747 | 1 189 | 706 | 4 477 | 107 | 211 |
Northern Cape | 7 764 | 4 891 | 189 | 979 | 675 | 55 | 6 |
Western Cape | 48 364 | 27 184 | 732 | 6 061 | 3 616 | 203 | 132 |
Total | 280 843 | 200 786 | 8 486 | 21 862 | 30 475 | 2 737 | 1 916 |
(2) Yes, there are policies and procedures in place to assist persons in cases where maintenance orders are in arrears. Complainants, whose maintenance monies have not been paid as per the maintenance court order, can lay a complaint for the non-payment in terms of the maintenance court order concerned, at the Maintenance Office at the nearest Magistrate's Court. The Maintenance Prosecutor can then either decide to prosecute the defendant on a criminal charge for non-payment of maintenance in terms of section 31 of the Maintenance Act, 1998 (Act No 99 of 1998), or the applicant can request that the court enforce the maintenance order and recover the arrears with the civil enforcement remedies available in terms of Chapter 5 of the Maintenance Act, 1998 (Act No 99 of 1998).
Section 26 of the Maintenance Act, 1998 (Act No 99 of 1998), provides that whenever any person-
(a) against whom any maintenance order has been made, has failed to make any particular payment in accordance with that maintenance order; or
(b) against whom any order for the payment of a specified sum of money has been made under section 16(1)(a)(ii), 20 or 21(4), has failed to make such a payment,
such order shall be enforceable in respect of any amount which that person has so failed to pay, together with any interest thereon-
(i) by execution against property as contemplated in section 27 of the Maintenance Act, 1998;
(ii) by the attachment of emoluments as contemplated in section 28; or
(iii) by the attachment of any debt as contemplated in section 30.
The Act also makes provision for the civil enforcement of maintenance orders. This means that where respondents default, the maintenance court can order that an emoluments attachment order be ordered against the respondent's salary; or a warrant of execution against movable and/or immovable property, be executed; or a warrant of execution against a debt owed by a third party to the respondent. This has also recently included court orders attaching the respondent's pension, to ensure that future maintenance is assured for the children. During the past 2 years, the use of civil enforcement remedies has doubled, which means that more money has been recovered for the maintenance of the children.
If one compares the statistics for the 2009/10 and the 2008/09 financial years, it can be seen that the amount of new applications as well as the amount of civil enforcement orders as explained above, have increased by 50% during the last financial year. It can thus be deduced that the civil remedies in terms of the Act, to enforce payment of maintenance orders, are being used more widely, leading to more maintenance payments being enforced for the sake of the children.
PARLIAMENTARY QUESTION NO.: 2714
DATE OF QUESTION: 23 SEPTEMBER 2010
2714. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(a) What is the total number of cases that have been registered with maintenance courts in each province in the (i) 2005-06, (ii) 2006-07, (iii) 2007-08, (iv) 2008-09 and (v) 2009-10 financial years, (b) how many of these cases are in respect of (i) first time applications for maintenance payments, (ii) applications for an increase of maintenance payments and (iii) applications for a decrease of maintenance payments and (c) in each specified year, how many of these applications were granted in each case?
NW3383E
REPLY:-(a) to (c) The information requested for maintenance cases since 2005/06 until 2009/10 (in respect of (i) first time applications for maintenance payments, (ii) applications for an increase of maintenance payments and (iii) applications for a decrease of maintenance payments and in each specified year and the number of these applications that were granted in each case) is however, currently not readily available on a national basis. This information is available at court level and is being collated manually to provide a national picture, where after it will be submitted to Parliament. At present, my Department is in the process of developing an electronic reporting system for these cases.
(a)(i)(ii)(iii) The statistics requested from 2005/06 to 2007/08 financial years are contained in the annual reports of my Department.
(a)(iv) The number of maintenance cases registered during 2008/09:
Province | Maintenance applications received |
Eastern Cape | 16 499 |
Free State | 11 875 |
Gauteng | 17 374 |
KwaZulu-Natal | 11 396 |
Limpopo | 8 466 |
Mpumalanga | 9 205 |
North West | 8 540 |
Northern Cape | 3 680 |
Western Cape | 22 855 |
Total | 109 890 |
(a)(v) The number of maintenance cases registered during 2009/10:
Province | Maintenance applications received |
Eastern Cape | 22 835 |
Free State | 17 738 |
Gauteng | 29 241 |
KwaZulu-Natal | 19 396 |
Limpopo | 16 741 |
Mpumalanga | 14 013 |
North West | 48 747 |
Northern Cape | 4 891 |
Western Cape | 27 184 |
Total | 200 786 |
PARLIAMENTARY QUESTION NO.: 2693
DATE OF QUESTION: 17 SEPTEMBER 2010
2693. Dr C P Mulder (FF Plus) to ask the Minister of Justice and Constitutional Development:
(1) Whether his department made use of any consultants since the 2004-05 financial year; if so, (a) how many (i) consultants and (ii) consultancy firms were used in each financial year, (b) what are their names in each case, (c) what amounts were paid to each (i) consultant and (ii) consultancy firm in each financial year and (d) who are the directors of each of the consultancy firms used by his department since the 2004-05 financial year;
(2) whether any of the consultants or consultancy firms were previously employed by his department; if so, (a) who are they, (b) why did they leave the employ of his department and (c) what is the total financial value of the remuneration paid to each such consultant? NW3358E
REPLY:-(1)(a)(i) I wish to inform the Honourable Member that no individuals were appointed as consultants.
(a)(ii) Number of consultancy firms used in each financial year:
2005/06 | 2006/07 | 2007/08 | 2008/09 | 2009/10 |
6 | 9 | 17 | 8 | 8 |
(b)&(c) The names and amounts paid to each consultancy firm are detailed in the table below:
2005/06 | 2006/07 | 2007/08 | 2008/09 | 2009/10 |
TSS Management Services R113 million | Accenture R4 million | Accenture R300 000 | TSS Management Services R3,8 million | TSS Management Services R448 000 |
Letchabile IT Services R10 million | TSS Management Services R49 million | TSS Management Services R17.3 million | Rino Personnel R7.3 million | Deloitte Consulting R760 000 |
Business against Crime R1 million | Rino Personnel R4 million | Rino Personnel R8.7 million | Grudko associates R300 000 | Cyberia Technologies R5.1 million |
Microsoft SA R5 million | Ernst & Young R 4 million | Grudko Associates R2,700 million | Deloitte Consulting R34 million | KPMG Forensic Investigations R7.9 million |
Ernst & Young R 1 million | Lechabile IT Services R5 million | Letchabile IT Services R45,1 million | Cyberia Technologies R7.6 million | Faranani/ Lechabile R15,4 million |
Price Waterhouse Coopers R1 million | Business against Crime R1 million | Business against Crime R300 000 | KPMG Forensic Investigations R10 million | Ernst & Young R2,6 million |
Microsoft SA R3 million | Microsoft SA R1 million | Camp Consortium R4,5 million | Integrate Justice System R77 million | |
Price Waterhouse Coopers R1 million | Price Waterhouse Coopers R500 000 | Faranani/ Lechabile R13,4 million | Rino Personnel R24 000 | |
Mbisa Training Academy R9 million | Deloitte Consulting R3.1 million | Ernst & Young R1,4 million | ||
Cyberia Technologies R11.7 million | ||||
Nkonki Incorporated R9.1 million | ||||
KPMG Forensic Investigations R700 000 | ||||
Camp Consortium R12.8 million | ||||
Procurement Dynamics R700 000 | ||||
Aula Trust R3 million | ||||
Naidoo PD & Associates R1.1 million | ||||
Mustek Electronics R2.8 million | ||||
TOTAL: R131 million | TOTAL: R80 million | TOTAL: R120,9 million | TOTAL: R82.3 million | TOTAL: R109 million |
(d)List of consultancy firms indicating the names of directors is attached (See attached RNW2693A-101217 – http://www.parliament.gov.za ).
Please note:
The DOJ&CD for the purpose of reply to the question wishes to highlight the following definitions/understandings as indicated in the SCOA toning with effect from 1 April 2008 with regard to professional and special services, consultants, contractors and agency support. Furthermore, it is essential that the reply is viewed in the context of the aforementioned definitions as the information now forwarded might differ from information previously reported on with regard to consultants.
· Consultants;
Consulting services refer to specialist services and skills provided that are required for the achievement of a specific objective, with the aim of providing expert and professional advice on a time and material basis. It is unnecessary to maintain these skills in-house, since they are required on a once-off or temporary basis. Therefore a consultant is a professional person appointed by the department to provide technical and specialist advice or to assist with the design and implementation of specific projects/programs.
· Contractors;
Contractors are required to provide services that are of non-specialised nature, that are not core business of the department. It is normally not cost effective to maintain these skills within the department.
· Agency support/outsourced services;
The relevant department ordinarily has the capacity and expertise to carry out these services, but for some reason are not utilising their own staff. In evaluating the classification of such transactions it should be established if the service being procured could have been provided by the department.
(2)The Department confirm, that to the best of our knowledge not one of the directors listed in RNW2693A-101217 are former employees of the Department.
PARLIAMENTARY QUESTION NO.: 2689
DATE OF QUESTION: 17 SEPTEMBER 2010
2689. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) In each province during the 2010 Fifa World Cup Soccer tournament, (a) how many incidents resulting from human trafficking were referred by the SA Police Service (SAPS) to the National Prosecuting Authority (NPA) for prosecution and (b) what is the status of each case at present;
(2) whether there was an increase in this type of crime during this period compared to the usual number of cases; if so, what are the relevant details?
NW3354E
REPLY:-(1)(a)(b) I wish to advise the Honourable Member that I have been informed that there were no human trafficking cases referred by the South African Police Service (SAPS) to the National Prosecuting Authority (NPA) for prosecution in any of the provinces during the 2010 FIFA World Cup Soccer tournament.
(2) I refer the Honourable Member to my response in (1). There was no detected increase in human trafficking cases.
PARLIAMENTARY QUESTION NO.: 2663
DATE OF QUESTION: 17 SEPTEMBER 2010
2663. Mr M Waters (DA) to ask the Minister of Justice and Constitutional Development:
With reference to the reply to question number 438 by the Minister of Police, regarding case number CAS 250/03/2006 against Zebelon Gwala, what are the reasons for the decision of the national Director of Public Prosecutions to decline to prosecute any person in the matter?
NW3322E
REPLY:-I wish to inform the Honourable Member that the Senior Public Prosecutor withdrew the matter because he believed that there was not sufficient information to sustain a charge of fraud. The Director of Public Prosecutions in KwaZulu-Natal reviewed the matter and agreed with the decision of the Senior Public Prosecutor in so far as the charge of fraud was concerned but held the view that there was evidence of contravention of section 39(1) of the Health Professions Act, Act 56 of 1974 and accordingly instructed that further investigation be conducted by the South African Police Service. The Director of Public Prosecutions in KwaZulu-Natal will be requested to make a follow-up on the matter with the South African Police Service.
PARLIAMENTARY QUESTION NO.: 2641
DATE OF QUESTION: 17 SEPTEMBER 2010
2641. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) How many (a) criminal cases have been withdrawn and (b) police dockets have (i) gone missing or (ii) lost at the Simonstown Magistrate's Court in the (aa) 2005-06, (bb) 2006-07, (cc) 2007-08, (dd) 2008-09 and (ee) 2009-10 financial years;
(2) in each case, what was the (a) nature of the charge, (b) name of the prosecutor and (c) name of the investigating officer;
(3) whether court files have been reconstituted in cases where police dockets have gone missing; if not, why not; if so, in each case, what (a) was the (i) nature of the charge, (ii) name of the prosecutor and (iii) name of the investigating officer and (b) progress has been made?
NW3298E
REPLY:-I wish to inform the Honourable Member that my Department requires some time to collate and verify the information and as such, an extension of this question is requested. The information will be supplied to the Honourable Member as soon as it has been finalised.
QUESTION: 2640
2640. Ms M SMUTS (DA) asked the Minister of Justice and Constitutional Development:
(1) Whether, with reference to the matter Klopper NO v Master of the High Court (21080/08) [2010],any disciplinary action has been taken against the Master of the High Court; if not, why not; if so, what are the relevant details;
(2) whether the Master of the High Court has since complied with the ruling of the Cape High Court; if not, why not; if so, what are the relevant details? NW3297E
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT:
(1) I would like to inform the hon member that my department has taken disciplinary steps against the official involved in the matter. A disciplinary process was followed in accordance with the applicable disciplinary code. The acting Chief Master has issued a written warning against the official on 5 March 2010.
(2) Yes, the Master of the High Court: Western Cape has complied with the ruling of the Court.
PARLIAMENTARY QUESTION NO.: 2637
DATE OF QUESTION: 17 SEPTEMBER 2010
2637. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
What is the status of a certain person's appeal against his conviction in the Gauteng Regional Court (details furnished)?
NW3293E
Person referred to: Judge Motata, Case Number 63/968/07
REPLY:-I wish to inform the Honourable Member that leave to appeal has been granted on the petition to the High Court. The appeal will be heard on 29th November 2010 in the South Gauteng High Court, Johannesburg.
Question 2633
Mr D J Maynier (DA)
Whether, since the establishment of the National Conventional Arms Control Committee, the Inspectorate has carried out any investigations relating to the trade in conventional arms in (a) Burma, (b) China, (c) Iran, (d) Libya, (e) Madagascar, (f) North Korea, (g) Somalia, (h) Syria, (i) Pakistan, (j) Venezuela and (k) Zimbabwe; if not, why not; if so, in respect of each specified investigation, (i) what were the details of such investigation, (ii) what were the main (aa) findings and (bb) recommendations and (iii) on what date was the investigation completed?
Written Reply
The National Conventional Arms Control Committee (NCACC) was established during 1995 while the Inspectorate was to be established in terms of the National Conventional Arms Control Act, 41 of 2002, (NCAC Act). The Inspectorate was established in 2006 and became operational on 1 September 2007. No investigations were therefore conducted since the establishment of the NCACC during 1995 to the establishment and commencement of the functioning of the Inspectorate in 2007.
No investigations were conducted in relation to Burma, China, Libya, Madagascar, Somalia, Syria, Venezuela and Zimbabwe as investigations are initiated based on NCACC instructions, complaints lodged with the Inspectorate or contraventions of the NCAC Act found by the Inspectorate during an investigation or audit. No instructions, complaints or contraventions with regard to the above countries were received / found during audits or inspections on matters to be investigated. In conducting audits on the Armaments Related Industry, all transactions concluded by such company with foreign entities in foreign countries are audited in terms of compliance with the NCAC Act. Any transgressions found will duly be reported to the NCACC and criminal investigations initiated.
(a) Iran : A complaint was received from members of the Wassenaar Arrangement with regard to Icarus Marine (Pty) Ltd and its possible involvement in the export and/or service delivery with respect to controlled goods relating to Iran. The investigation is currently ongoing.
(b) North Korea : During November 2009 a Note Verbal was received containing information on a shipment of North Korean military equipment which was to be shipped via South Africa to the Republic of Congo in breach of United Nations Sanction. The Inspectorate caused the containers to be offloaded and inspected during the last week of November 2009 into the first week of December 2009. The cargo was confiscated and the matter is sub judice.
(c) Pakistan : A Contracting Permit was approved by the NCACC during 1996 for the sale of certain items to Pakistan subject to the condition that the then Compliance Section of the Directorate Conventional Arms Control (now the Inspectorate) conduct annual verification inspections on the end use of the equipment. This has been an ongoing verification exercise with the exception of 2008 / 2009 due to the unstable security situation in Pakistan which resulted in the members' safety not being guaranteed. The next inspection is to be conducted during October 2010. To date no contraventions were found by both the Pakistani End-User and Denel Dynamics (Pty) Ltd.
PARLIAMENTARY QUESTION NO.: 2599
DATE OF QUESTION: 13 SEPTEMBER 2010
2599. Mr P J Groenewald (FF Plus) to ask the Minister of Justice and Constitutional Development:
(1) Whether the criminal cases against a certain person (name furnished) has been finalised; if not, why not;
(2) whether any steps have been taken against him; if not, why not; if so, what steps;
(3) whether he has been suspended in the interim; if not, why not; if so, when;
(4) whether he will make a statement on the matter?
NW3248E
Person referred to: Mr S Morake, Chief Magistrate: Lichtenburg
REPLY:-1) No, the criminal case against the person (who is the Magistrate and Judicial Head at Lichtenburg), has not been finalised yet. The matter has been set down for judgment on 18 October 2010 in the Regional Court, Lichtenburg.
2)&3) No steps have been taken against the official. In addition, the official has not been suspended.
I would, however, advise the Honourable Member that I am currently in the process of considering the Commission's recommendation with regard to the official. A decision will be made in due course.
4) No statement is necessary.
PARLIAMENTARY QUESTION NO.: 2578
DATE OF QUESTION: 13 SEPTEMBER 2010
2578. Mrs P C Duncan (DA) to ask the Minister of Justice and Constitutional Development:
Whether the report on the national study on human trafficking between December 2008 and March 2010 that was commissioned by the National Prosecuting Authority and compiled by the Human Sciences Research
Council has been completed; if not, (a) why not, (b) when is it anticipated that the report will be completed and (c) when will the findings be made public; if so, (i) when was it completed, (ii) when will the findings be publicly available and (iii) what are the further relevant details?
NW3220E
REPLY:-
I wish to inform the Honourable Member that the National Prosecuting Authority disseminated the "Tsireledzani: Understanding the dimensions of Human Trafficking in South Africa" Research Report at a conference
held from 23 to 24 March 2010 at the Kopanong Conference Centre in Benoni, where the findings were made public and discussed.
An electronic version of the report can be downloaded from
www.hsrc.ac.za .
Question 2572
Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:
Whether, since the establishment of the National Conventional Arms Control Committee, the Inspectorate has carried out any investigations relating to internal regulatory processes; if not, why not; if so; in respect of each investigation , (a) what was investigated, (b) what were the main (i) findings and (ii) recommendations and (c) on what date was the investigation completed?
Written Reply
An Internal Audit on Scrutiny Committee and National Conventional Arms Control Committee Agenda's and Minutes for the period 11/06 to 10/07 was conducted with relation to the regulatory processes of the NCACC.
(a) What was investigated?
The process of applications made by the Armaments Related Industry by the Directorate Conventional Arms Control, distribution of applications for Departmental Review input, the registration of such input, the submission of applications to the Scrutiny Committee for recommendation to the NCACC and the registration and processing of NCACC decisions and the subsequent execution of such decisions.
(b) (i) The main findings, among others, in the report were as follows :
1. Non-corresponding reference to Contracting Applications in relevant schedules and subsequent minutes.
2. Items indicated as "Hold Over" in Scrutiny Committee minutes omitted from subsequent NCACC Agenda's.
3. Inclusion of lose documentation / additional item documentation in NCACC Agenda's without proper recording thereof for future reference.
4. Decisions of the NCACC not executed on DCAC System.
5. Omissions of discussions / decisions of additional items tabled from the subsequent minutes.
6. Request for amendment of contracting permits submitted for approval without a corresponding request from company.
7. Omission of inclusion of minutes of previous meetings in subsequent agenda's for approval.
8. Proof of communication to applicants with regard to the approval of internal transfers subject to certain conditions by the NCACC could not be provided.
(ii) The recommendations were:
1. The numbering of and reference to contracting schedules and the subsequent reflection thereof in corresponding minutes be made the same.
2. All administrative errors found be corrected on the DCAC system.
3. Ensure that Executive Notes correctly reflects the content of applications.
4. A register be kept of additional documentation submitted at meetings.
5. Discussions on additional items be minuted accordingly.
The above recommendations were not made to the NCACC as reported in Question 999 (NW1144E) which were as follows :
As per Scrutiny Committee instruction, this report was not submitted to the NCACC.
Internal Audit Report: SC and NCACC Agendas and Minutes 11/06 to 10/07.
The SC considered the report and after consideration, the Acting SC Chairperson raised the following:
a. The inappropriate focus period of the report, this includes the period already audited by the Auditor General.
b. The process followed by the Inspectorate in respect of norms and standards.
c. The competency of the "auditors" to make audit findings.
d. The application of the principles of significance and materiality in making conclusions.
The Acting SC Chairperson concluded that in order for future regular audits to be conducted by the Inspectorate, the DCAC, Auditor General and the Inspectorate must meet, discuss and agree on the audit process.
A meeting was held between the Auditor General and the Inspectorate and it was agreed that there is no requirement for any procedures of the Inspectorate to be changed.
(c) The audit was completed 6 February 2009.
QUESTION NO.: 2504 DATE OF QUESTION: 3 SEPTEMBER 2010Mr R B Bhoola (MF) to ask the Minister of Justice and Constitutional Development:
Whether he will investigate the conduct of a certain Chief Public Prosecutor in the Chatsworth Regional Court for his refusal to allow the Public Prosecutor to meet with Members of Parliament in order to conduct their oversight; if not, why not; if so, what are the relevant details?
NW3078E
REPLY:-
No. I have been informed by the National Director of Public Prosecutions (NDPP) that the conduct of the Chief Public Prosecutor was appropriate at the time and therefore I will not be investigating the conduct of the said official. However, the NDPP has also advised that the Honourable Member can be provided with progress reports of the case, should he so desire.
QUESTION NO.: 2483 DATE OF QUESTION: 3 SEPTEMBER 20102483. Mrs N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:
(1) Who are the members of the South African delegation that formed part of the signatories to the Palermo Protocol in 2000;
(2) whether the members who ratified the protocol in 2004 were the same members of the delegation in 2000; if not, (a) why not and (b) who were the members of the delegation in 2004; if so, what are the relevant details;
(3) whether South Africa was on their watch list; if not, what is the position in this regard; if so, what are the relevant details;
(4) whether the Government sent a delegation to the United Nations conference on human trafficking which took place from 12 to 15 December 2000; if not, why not; if so, (a) who formed part of the delegation and (b) what are the further relevant details? NW3054E
The Minister of Justice and Constitutional Development:
(1) I wish to inform the Honourable Member that the following persons formed part of the South African delegation:
· Honourable Mr Penuell Mpapa Maduna, MP (Minister of Justice and Constitutional Development);
· Honourable Mr Stephen Vukile Tshwete, MP (Minister of the Department of Safety and Security);
· Mr Bulelani Ngcuka, National Director of Public Prosecutions;
· Mr Vusumzi Patrick Pikoli, Director-General, Department of Justice and Constitutional Development;
· Mr Roelof Johannes Janse Van Vuren, Charge d' Affaires, South African Embassy: Rome;
· Ms Jacoba Maria Strydom, Legal Adviser: Legal Component Detective Services, South African Police Service;
· Adv. Pieter Smit, Senior State Advocate: National Directorate of Public Prosecutions;
· Ms Ncumisa Pamella Notutela, First Secretary: Permanent Mission of South Africa to the United Nations in Vienna; and
· Mr Edward Xolisa Makaya, Second Secretary, South African Embassy: Rome.
(2) A Protocol is ratified by Parliament. After Parliament's approval, the President signed an Instrument of Ratification. The then Minister of Foreign Affairs thereafter instructed the South African Mission to the United Nations in New York to deposit the Instrument with the United Nations.
(3) Since June 2009, South Africa's ranking has been upgraded from the level Tier 2 Watchlist to Tier 2 - indicating that the South African Government has made significant efforts to comply with the minimum standards for the elimination of trafficking.
(4) The officials mentioned in (1) also attended the Conference.
PARLIAMENTARY QUESTION NO.: 2406
DATE OF QUESTION: 31 AUGUST 2010
2406. Mrs N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:
Whether (a) his department or (b) any of its entities has signed any contractual agreements with a certain company (name furnished) or any of its affiliates (i) in the (aa) 2006-07, (bb) 2007-08, (cc) 2008-09 and (dd) 2009-10 financial years and (ii) during the period 1 April 2010 up to the latest specified date for which information is available; if so, (aaa) what is the nature of each contract, (bbb) what is the monetary value of each contract, (ccc) what is the (aaaa) start and (bbbb) end date of each contract, (ddd) what are the details of the process that was followed for the signing of each contract, (eee) who else tendered for each contract that was awarded and (fff) what amount did each tenderer quote in each case?
NW2975E
Name of Company : General Nyanda Security Advisory (GNS)
REPLY:-I would like to inform the Honourable Member that General Nyanda Security Advisory (GNS) was not utilised to render any services to the Department of Justice and Constitutional Development for the 2006-2007, 2007-2008, 2008-2009, 2009-10 financial years and during the period 1 April 2010 to date.
PARLIAMENTARY QUESTION NO.: 2327
DATE OF QUESTION: 30 AUGUST 2010
Mr R B Bhoola (MF) to ask the Minister of Justice and Constitutional Development:
(1) Whether his department has a code of ethics to which all legal aid offices must adhere; if not, why not; if so,
(2) whether all staff employed at various legal aid offices have the necessary competency; if not, what is the position in this regard;
(3) whether he has been informed of the unhelpfulness experienced in a certain office of legal aid (details furnished); if not, what is the position in this regard; if so,
(4) whether his department will take any steps in this regard; if not, why not; if so, what are the relevant details?
NW2892E
Details referred to:- Umzinto (2nd Floor OK Building, Court Road)
REPLY:-(1) I have attached copies of the Code of Ethics and Conduct Policy of Legal Aid SA as well as the Client Services Charter, for the Honourable Member's information. All employees of Legal Aid SA are subject to and required to adhere to these policies in their interaction with Clients.
(2) All staff employed in Legal Aid SA must meet the minimum criteria for a position before they are considered for employment. Legal Aid SA also has a structured performance management system in place to continuously monitor employee performance.
(3) The details provided indicate that the complaint emanates from the Umzinto Satellite Office of Legal Aid SA which falls under their Umlazi Justice Centre. I can confirm that neither I, nor Legal Aid SA, have received a formal complaint about any unhelpfulness by any of the Legal Aid SA staff members based at this office. The details furnished to us about this incident are unfortunately inadequate for us to conduct a proper investigation.
(4) I will be happy to assist and ask the Chief Executive Officer or Chairperson of Legal Aid SA to investigate this matter and take the necessary steps if we are provided with the concrete details pertaining to this complaint. In the interim, I will request the Chief Executive Officer of Legal Aid SA to ask the Management of the Umlazi Justice Centre to visit the Umzinto Satellite Office and ensure that all employees are repeatedly sensitised to the Code of Ethics and Conduct Policy as well as the Client Services Charter of Legal Aid SA.
2264. Mrs N W A Michael (DA) asked the Minister of Justice and Constitutional Development:
Whether his department and/or any of its entities has purchased any 2010 Fifa World Cup Soccer tournament (a) clothing or (b) other specified paraphernalia; if not, what is the position in each case; if so, in each case, (i) what are (aa) the details and (bb) the total cost of the items purchased, (ii)(aa) how many items have been purchased and (bb) why, (iii)(aa) to whom has each of these items been allocated and (bb) why have these items been allocated to these persons and (iv)(aa) on what basis was the decision taken to purchase each of these items and (bb) on whose authority was the decision taken to make these purchases? NW2772E
The Minister of Justice and Constitutional Development:
I would like to inform the Honourable Member that the reported expenditure for the 2010 Fifa World Cup Soccer tournament as indicated in the Annual Report amounts to R10 000 for the 2009/10 financial year.
Subsequent to the end of the financial year, further invoices reflect total expenditure for the identified items during the 2010/11 financial year as set out below:
a) Yes, t-shirts, track suits and attire were purchased for volunteers.
(b) Yes, various other specified paraphernalia were also purchased.
(i)(aa) Flags and flag poles, vuvuzela's, soccer balls, sign boards, identity cards, pull up banners, posters, sashes for volunteers, branded key rings, whistles and national flag blankets were purchased.
(i)(bb) On the identified paraphernalia the Department spent an amount of R1, 133,324. (R1,133 million)
(ii)(aa) Based on regional inputs, 3125 vuvuzelas and whistles; 14 sashes; 435 t-shirts; 4 tracksuits; flags, 2 499 flag poles and desk flags; 123 reflector and protective jackets; 1000 key rings; 8 National flag blankets; 60 pull up banners and 15 000 posters were purchased.
(ii)(bb) The items were purchased for purposes of information sharing, popularising of the 2010 Fifa World Cup and staff working in the evenings at courts (protective jackets).
(iii)(aa) The items were allocated to identified volunteers working in the various dedicated courts during the 2010 Fifa World Cup as well as general court personnel and members of the public (key rings and small national flags) during the formal launching activities of the dedicated courts. The National flag blankets were used for decoration.
(iii)(bb) Flags, key rings etc. were allocated for awareness and popularisation. Attire (t-shirts, identity cards & sashes) was issued to identified personnel and volunteers working in the dedicated courts.
(iv)(aa) The decision to purchase these items was taken for purposes of awareness raising, popularisation, fostering of national pride and participation in a National event.
(iv)(bb) Expenditure was guided and directed by planning from the National Steering Committee and the delegated authority of the respective Regional Heads, based on approved business plans and earmarked budget.
PARLIAMENTARY QUESTION NO.: 2232
DATE OF QUESTION: 20 AUGUST 2010
2232. Mrs N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether his department and any of its entities has (a) purchased or (b) leased any buildings for administration (i) in the (aa) 2008-09 and (bb) 2009-10 and (ii) for the 2010-11 financial years; if not, why not; if so, in each case, (aaa) what is the cost of the building, (bbb) what is the size of the building, (ccc) why was it bought or leased, (ddd) what will be its use, (eee) who will occupy it and (fff) approximately how many persons will occupy the total space of each building;
(2) whether his department and any of its entities intends purchasing or leasing any buildings for administration for the (a) 2011-12, (b) 2012-13 and (c) 2013-14 financial years; if not, why not; if so, in each case, (i) what is the cost of each building, (ii) what is the size of each building, (iii) why will it be bought or leased, (iv) for what will it be used, (v) who will occupy it and (vi) approximately how many persons will occupy the total space of each building?
NW2740E
REPLY:-(1)(a) I wish to inform the Honourable Member that the Department of Justice and Constitutional Development (DOJCD) does not purchase buildings.
(1) (b) The DOJCD also does not lease buildings. Accommodation in leased buildings is procured on the DOJCD's behalf by the Department of Public Works (DPW), the latter being the lessee on each contract and DOJCD the user. New leaseholds were entered into by DPW on DOJCD's behalf during the 2008-09, 2009-10 and 2010-11 financial years respectively, as indicated in the attached document 1.
(2) The DOJCD does not intend purchasing any buildings in the indicated financial years. Several new leaseholds have however been approved, but not implemented, due to a lack of funding. Other leaseholds have also not been approved yet due to lack of funding, although they are on the DOJCD's priority list. Should funding become available in the 2011-12 financial year, these projects, as indicated in the attached document 2, will be proceeded with to the extent that funds allow. No planning in respect of the 2012-13 and 2013-14 financial years has been done, as such needs still have to be identified.
PARLIAMENTARY QUESTION NO.: 2162
DATE OF QUESTION: 20 AUGUST 2010
2162. Mr M G Oriani-Ambrosini (IFP) to ask the Minister of Justice and Constitutional Development:
(1) Whether he has been informed of arrest warrants that are being authorised by the judiciary and enforced by the SA Police Service against owners of vehicles in respect of traffic violations despite the absence of evidence identifying the owner of the vehicle as the perpetrator; if not, what is the position in this regard; if so, in each case, (a) how, (b) on what basis can he justify (i) the issuing and enforcement of such warrants (aa) in the absence of evidence identifying the owner of the vehicle as the perpetrator and (bb) without permitting the owner to adduce evidence confirming that he/she is not the perpetrator of the violation and (ii) the violation of the constitutional principal prohibiting vicarious liability in criminal matters and (c) what steps has he taken to remedy the situation;
(2) whether he will make a statement on the matter?
NW2494E
REPLY:-(1) I wish to indicate to the Honourable Member that I have not been made aware of arrest warrants that are being authorised by the judiciary and enforced by the SA Police Service against owners of vehicles in respect of traffic violations despite the absence of evidence identifying the owner of the vehicle as the perpetrator.
It should be noted in general that the issuing of Warrants of Arrest are procedurally prescribed by section 43 of the Criminal Procedure Act, No. 51 of 1977 (CPA), which clearly spells out the circumstances under which a magistrate may issue a warrant of arrest. The same principles apply where a magistrate issues Warrants of Arrest for a person failing to appear in Court on a summons issued in terms of section 54 of the CPA or a notice issued in terms of section 56 of the CPA.
In terms of Section 55(1) of Act no 51 of 1977 it is an offence not to appear in Court if summonsed. In terms of Section 55(2) of the Act, the Court, only if satisfied that the summons was properly served on the accused, may issue a Warrant of Arrest. Magistrates issue Warrants of Arrest for failure to appear in Court and not for the commission of any offences.
If the accused mentioned in the summons is not the owner of the vehicle, then that person should appear in Court and inform the Court accordingly in order to avoid the issuing of the Warrant of Arrest.
The issuing of Warrants of Arrest is a judicial function with which the Executive may not interfere with.Section 165 of the Constitution of the Republic of South Africa, 1996 (Constitution) determines inter alia that the Courts are independent and subject only to the Constitution and the law and that no person or organ of state may interfere with the functioning of the Courts. Section 14(1) of the Magistrates Act, No. 90 of 1993 determines that a magistrate shall possess the powers and perform the duties conferred on or assigned to him/her by or under the laws of the Republic of South Africa.
If aggrieved persons are of the view that a magistrate concerned had misdirected him/herself in the process, the appropriate course of action would be to apply the statutory review or appeal procedures.
(2) No statement is required.
PARLIAMENTARY QUESTION NO.: 2146
DATE OF QUESTION: 13 AUGUST 2010
2146. Mr P J Groenewald (FF Plus) to ask the Minister of Justice and Constitutional Development:
(1) Whether, with reference to his reply to question 1800 on 20 July 2010, the State will also bear the costs of a certain person's appeal (Jackie Selebi); if so, (a) on which statutory provision may the said person rely for such provision and (b) in terms of which criteria will this take place;
(2) whether he will make a statement on the matter?
NW2586E
REPLY:- (1) The State Attorney is currently considering whether the State will bear the costs of the appeal. The statutory provisions are Section 3 of the State Attorneys Act, 1957 (Act No. 56 of 1957) and the Treasury Regulations read with the Public Finance Management Act.(2) No statement is necessary.
PARLIAMENTARY QUESTION NO.: 2127
DATE OF QUESTION: 13 AUGUST 2010
2127. Mr M H Steele (DA) to ask the Minister of Justice and Constitutional Development:
(1) What progress has been made with regard to a certain investigation (details furnished);
(2) who is currently heading this investigation;
(3) whether the investigation is being conducted in conjunction with the German authorities; if not, why not; if so, what are the relevant details;
(4) whether he will make a statement in this regard?
NW2567E
REPLY:-
I wish to inform the Honourable Member that my department did indeed receive a request from the German Authorities regarding this matter but subsequent thereto the file was closed as the German Authorities
announced that they were no longer pursuing the matter.
PARLIAMENTARY QUESTION NO.: 2092
DATE OF QUESTION: 06 AUGUST 2010
2092. Mr J H van der Merwe (IFP) to ask the Minister of Justice and Constitutional Development:
With reference to the agreement that was reached in the Public Service Bargaining Council between the Government and trade unions with regard to the implementation of the occupation-specific dispensation (OSD) for professional employees and other specialists in the public sector, when will the second phase of the OSD be implemented for legal professional employees in Legal Aid?
NW2496E
REPLY:-As the Honourable Member, Mr. J H van der Merwe observes, all legally qualified personnel performing legal work at Legal Aid South Africa have been translated to the new unique salary structure determined by the Occupation Specific Dispensation for the profession. The implementation of the Second Phase as it relates to the once-off recalculation of salary in recognition of experience has been delayed while the Department seeks certainty on the provision for the carry-through costs. This has been complicated by the reduced budget provision caused by the global economic crisis. The Department, working with the Chief Executive Officer and the Board of Legal Aid South Africa, are seeking to address this challenge in a manner that minimises the impairment of the provision of legal defence and the resultant limitation of access to justice for the poorer sections of our society. I want, as much as possible, to prevent the cutting away of services and the freezing of posts.
PARLIAMENTARY QUESTION NO.: 2073
DATE OF QUESTION: 06 AUGUST 2010
2073. Mrs N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether any of the sentences imposed by the 2010 Fifa World Cup courts have been reviewed; if so, (a) how many, (b) on what basis and (c) what were the outcomes of each review;
(2) whether all foreign citizens were allowed an opportunity to contact their respective embassies or consulates during trial periods; if not, why not; if so, what are the relevant details in each case?
NW2472E
REPLY:-(1) (a) – (c) I would like toinform the Honourable Member that, yes, some of the sentences imposed by the 2010 Fifa World Cup courts have been reviewed. In this regard 2 (two) cases have been reviewed.
The first matter related to an automatic review in terms of Section 302(1)(a) of the Criminal Procedure Act (Act 51 of 1977) (In view of the severe sentence passed). The High Court found that the sentence was too harsh and accordingly set the sentence aside. The second matter was also an automatic review in terms of Section 302(1)(a) of the Criminal Procedure Act (Act 51 of 1977). In this regard, the High Court, on Review, found that the accused persons were not properly represented by their legal representative. The Court therefore set aside both the conviction and sentence and remitted the case back to the Magistrate Kempton Park to be dealt with de novo. In this regard the accused subsequently pleaded guilty and a plea bargain was entered into in terms of Section 105A of Act 51 of 1977. The accused were each sentenced to a fine of R6 000.00 or 6 months imprisonment plus a further 18 months imprisonment suspended for 5 years on certain conditions.
(2)During the2010 Fifa World Cup no person was denied any normal rights they would have had. No complaints were received that any foreign citizens were not allowed an opportunity to contact their respective embassies or consulates during trial periods. It should be noted that it is not a general practice to contact Embassies when foreign nationals are in conflict with the law either as accused, witnesses or victims. This is only done when a specific need is identified.
From the information we could ascertain in this regard, Embassies were contacted in the following cases:
Cape Town
· Trespassing: Accused Pavlov Joseph: The British Embassy was contacted by the South African Police Services during the interview of the accused;
· An Immigration Act contravention: Accused Simon Wright: The United States of America Embassy was informed by SAPS of the case;
· A Culpable Homicide case where a USA citizen Nicole Smith was killed. Bryan Murphy, the brother of the deceased survived the accident. The USA Embassy was continuously kept informed about the case by the National Prosecuting Authority.
Johannesburg
· Trespassing: Accused Mario Ferri: The Italian Consul General was present and testified in mitigation of sentence. The accused was fined R3000.00 or in default of payment to undergo 3 months imprisonment.
PARLIAMENTARY QUESTION NO.: 1897
DATE OF QUESTION: 26 JULY 2010
1897. Ms D Kohler-Barnard (DA) to ask the Minister of Justice and Constitutional Development:
Whether the National Sexual Offences Register, as amended by section 42 of the Judicial Service Act, Act 32 of 2007, has been (a) completed and (b) implemented; if not, why not; if so, (i) how many sexual offenders have been recorded on the register to date and (ii) what are the relevant details?
NW2283E
REPLY:-(a), (b) I wish to inform the Honourable Member that Phase One of the National Register for Sexual Offences (NRSO) is fully operational and deals with the capturing of current convictions of all people who committed sexual offences against children and mentally disabled people.
Phase Two, which deals with the capturing of historic/ past convictions, vetting procedures and the issuing of clearance certificates, is also in the process of being implemented. The DOJ&CD is in the process of preparing a Judicial Matters Amendment Bill and the possible inclusion of a proposed Amendment of Section 42 of the Act, so as to extend the Implementation date of the Register, is being considered.
In this regard the DOJ&CD has started to engage all the other stakeholders such as the South African Police Service, the Department of Health, the Department of Correctional Services, the Department of Social Development as well as the National Prosecuting Authority on the full implementation of Phase Two. Two meetings have already taken place and a follow-up meeting to establish the necessary business processes and the manual implementation of this phase is scheduled for early August 2010.
(i) Currently there are 590 cases registered on the Register.
(ii) The details contained relate to the particulars of all the convicted offenders who have committed a crime against a child or a mentally disabled person.
PARLIAMENTARY QUESTION NO.: 2042
DATE OF QUESTION: 06 AUGUST 2010
2042. Mrs P C Duncan (DA) to ask the Minister of Justice and Constitutional Development:
Whether there are any qualified sign language interpreters available at courts; if not, (a) why not and (b) how are persons with hearing disabilities assisted in courts; if so, how many qualified sign language interpreters are available at courts in each province?
NW2437E
REPLY:-I have the pleasure in informing the Honourable Member that there are various arrangements in place in this regard. Please see the information contained in the table below:
Province: | Qualified Sign Language Interpreters available at courts | Other measures | Additional information |
Eastern Cape | 2 (Port Elizabeth Magistrate's Court and Bisho High Court) | In addition, casual sign language interpreters are sourced from DeafSA and other training institutions and are used as and when required. | |
Free State | _ | Casual sign language interpreters are sourced from DeafSA and other training institutions and are used as and when required. | |
Gauteng | 1 (Johannesburg Magistrate's Court) | 4 Casual interpreters sourced from DeafSA and other training institutions are also available to be used as and when required. | Gauteng has in addition 12 casual sign language interpreters on its database, covering all the official languages. |
KwaZulu-Natal | 2 (Durban Magistrate's Court) | Casual interpreters are sourced from DeafSA and other training institutions and are used as and when required. | KwaZulu-Natal has 30 casual sign language interpreters on its database. |
Mpumalanga | 1 (Amersfoort Magistrate's Court) | The qualified interpreter from Amersfoort is dispatched to other areas if services are needed. | |
North West | 1 (Mafikeng Magistrate's Court) | 1 casual sign language interpreter from Mafikeng Court is used in the Province. | Casual sign language interpreters are also sourced from the Dominican School for Deaf Children in Hammanskraal, the North West School for the Deaf in Wolmaransstad and from the South African Translators' Institute. |
Western Cape | - | Casual sign language interpreters are used as and when required. | |
Limpopo | - | 20 Trained casual sign language interpreters are used as and when required. | 10 Sign language interpreters were trained in 2007/2008 and 2008/2009 and another group of 10 were trained recently through DeafSA. |
Northern Cape | 1 Casual sign language interpreter is available at Bloemfontein Magistrate's Office. | Casual sign language interpreters are used as and when required. |
The main reason why there are so few permanently employed sign language interpreters is due to the fact that the cases where these services are needed are very few and in various provinces there is no need for a full-time sign language interpreter. Casual sign language interpreters are normally sourced as and when their services are required.
PARLIAMENTARY QUESTION NO 2010
2010. Mrs N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether any (a) prosecutors, (b) clerks, (c) judges or (d) police officers were withdrawn/seconded from active duty at courts to work at the 2010 Fifa World Cup courts; if not, (i) why not and (ii) what are the details of the staff used at the 2010 Fifa World Cup courts; if so, (aa) how many in each category of officials were withdrawn/seconded, (bb) from which courts were they withdrawn/seconded and (cc) what effect did this have on case loads at each court;
(2) whether any backlogs were created at any courts as a result of the 2010 Fifa World Cup courts; if not, why not; if so, (a) what are the details of the backlog, (b) what impact will it have on current and backlogged case loads and (c) what steps have been taken to alleviate the backlog;
(3) how many cases were (a) tried and (b) resolved per week in (i) the 2010 Fifa World Cup courts in the four weeks of the 2010 Fifa World Cup Soccer tournament and (ii) other courts (aa) in the four weeks of the 2010 Fifa World Cup Soccer tournament, (bb) prior to the 2010 Fifa World Cup Soccer tournament and (cc) after the 2010 Fifa World Cup Soccer tournament;
(4) whether any delays in any cases were experienced as a result of staff being seconded to 2010 Fifa World Cup courts; if not, why not; if so, (a) how many cases were delayed and (b) what is the total costs incurred as a result of these delays?
NW2407E
REPLY:-I would like to inform the Honourable Member as follows:
(1)(a) With regard to prosecutors, no prosecutors were withdrawn or seconded from active duty (i) as the court rooms, though dedicated to deal specifically with these types of cases, for the event in question, were already staffed with all required role players. The existing prosecutors therefore performed additional duties at the designated courts. Each court room operational had at least two prosecutors per day per shift.
(ii) Two permanently employed prosecutors per dedicated court room per shift in courts that were operational were used.
(aa) & (bb) As mentioned in (1)(a) above, no prosecutors were withdrawn/seconded.
(cc) There was no negative impact on the current case load of each court.
(1)(b) With reference to the clerks, similarly no clerks were withdrawn or seconded (i) as the dedicated court rooms were already staffed with clerks.
(ii) One permanently employed Stenographer per dedicated court room per shift in courts that were operational, was used.
(aa)& (bb) As mentioned in (1)(b) above, no clerks were withdrawn or seconded.
(cc) There was no negative impact on the current case load of each court.
(1)(c) With reference to Judges, no Judges were withdrawn or seconded from active duty (i) as the High Courts were in recess at that point in time.
(1)(d) I would advise that the Honourable Member refer this question to the Minister of Police for the information requested.
(2) No backlogs were created by the 2010 courts as the 2010 caseload was relatively minimal. Courts operated normally to deal with the day-to-day cases.
(3) I refer the Honourable Member to the table below for the requested information:
(i) Dedicated Courts
Number of cases tried and resolved per week during the 2010 Fifa World Cup Soccer tournament | |||
Week Number | Date | (a) How many cases were tried per week in: (i) 2010 dedicated courts (aa) during the 4 weeks 2010 Event. | (b) How many cases were resolved per week in: (i) 2010 dedicated courts (aa) during the 4 weeks of the 2010 Event |
Week 1 | 11 June to 17 June | 44 | 29 |
Week 2 | 18 June to 24 June | 69 | 62 |
Week 3 | 25 June to 01 July | 37 | 45 |
Week 4 | 02 July to 11 July | 46 | 49 |
Number of cases tried and resolved per week prior to the 2010 Fifa World Cup Soccer tournament | |||
Week Number | Date | (a) How many cases were tried per week in: (i) 2010 dedicated courts (bb) prior to the 2010 FIFA Event (2 weeks) | (b) How many cases were resolved per week in: (i) 2010 dedicated courts (bb) prior to the 2010 FIFA Event (2 weeks) |
Week 1 | 28 May to 03 June | 5 | 1 |
Week 2 | 04 June to 10 June | 6 | 2 |
Number of cases tried and resolved per week after the 201 Fifa World Cup Soccer tournament | |||
Week Number | Date | (a) How many cases were tried per week in: (i) 2010 dedicated courts (cc) after the 2010 FIFA Event (2 weeks) | (b) How many cases were resolved per week in: (i) 2010 dedicated courts (cc) after the 2010 FIFA Event (2 weeks) |
Week 1 | 12 July to 18 July | 15 | 14 |
Week 2 | 19 July to 25 July | 0 | 0 |
(3) (ii) Other courts
(aa) (bb) and (cc) No statistics were collated for day to day courts.
(4) No delays were experienced in any cases as 2010 related cases had no effect on the normal court rolls.