Questions & Replies: Justice & Constitutional Development
2011-03-24
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PARLIAMENTARY QUESTION NO.: 3845
DATE OF QUESTION: 23 NOVEMBER 2011
4636. Mr D C Smiles (DA) to ask the Minister of Justice and
Constitutional Development:
(1) Whether he will reply to (a) all outstanding parliamentary
questions and (b) the points contained in each question before
parliamentary questions lapse in accordance with Rule 316 of the
National Assembly; if not, in each case, (i) why not and (ii) which
questions, by its allocated number, will not be replied to; if so, what
are the relevant details in each case;
(2) whether it is the policy of his Ministry that he submit to the
mechanism of parliamentary questions as a measure of constitutional
accountability to the National Assembly; if not, why not; if so, what
are the relevant details?
NW4636E
REPLY:-
(1) I wish to inform the Honourable Member that I will reply to all
parliamentary questions before they lapse in accordance with Rule 316 of
the National Assembly.
(2) My response to point 1 above demonstrates that I have, at all
times, endevoured to work within the Rules of Parliament.
PARLIAMENTARY QUESTION NO.: 3834
DATE OF QUESTION: 25 NOVEMBER 2011
3834. Mr P J C Pretorius (DA) to ask the Minister of Justice and Constitutional Development:
Whether any other persons have driven (a) his and (b) his Deputy Minister's official blue light fitted vehicles; if not, what is the position in this regard; if so, in each case, in respect of the (i) 2009-10 and (ii) 2010-11 financial years, (aa) what is each specified person's (aaa) name and (bbb) designation, (bb) which vehicle and (cc) why?
NW4625E
REPLY:-As much as I would like to assist the Honourable Member, it would be a breach of security if the particulars of the personnel assigned to me and the Deputy Minister are divulged. I would recommend that the Honorable Member approach the Minister of Police in this regard.
PARLIAMENTARY QUESTION NO.: 3682
DATE OF QUESTION: 18 NOVEMBER 2011
3682. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) How many (a) case files have gone missing in the (i) North and (ii) South Gauteng High Court (aa) in the (aaa) 2009-10 and (bbb) 2010-11 financial years and (bb) during the period 1 April 2011 up to the latest date for which information is available and (b) of these case files have been recovered;
(2) in respect of the case files that have not been recovered, (a) what has happened to the case and (b) who bears the financial cost of the (i) loss and (ii) time delays;
(3) what steps has his department taken to deal with this issue in the (a) long and (b) short term?
NW4464E
REPLY:- (1) I wish to inform the Honourable Member that it is presumed the question relates to civil matters. It is not feasible to ascertain the number of missing files as the majority of files initially indicated as missing can reappear in the system at any given time. It is, however, acknowledged that on a number of occasions, files are reported temporarily missing due to a number of factors including shortage of filing space in the courts. This is due to the fact that the National Archives cannot accommodate additional files that are due for transfer from the Courts, in line with Archival Prescripts. These archival constraints to accommodate case files have placed a huge burden on the management of case files by the Courts.Currently, the Registrar's offices does not per se keep record of missing case files and the Department is looking at tools to keep and/or collect this data from courts in the future as part of its performance management information.
(2)(a) The court will have to be approached to make a determination regarding the matter and how to deal with it further. The outcome will also depend on the stage of the proceedings. Courts do not keep record of the outcome granted as a result of files having gone missing, unless there is a specific order granted by a Judge against the Registrar.
(2) In civil matters the litigation is driven by the litigants. The resultant impact is that there may be a delay in the finalisation of a case where a file cannot be located.
(2)(b)(i) and (ii) The litigants will have to approach the court to make a determination regarding any cost pertaining to any loss or delays regarding each matter as the circumstances of each matter may differ.
(3)(a) My Department has implemented an Offsite Storage Project as a solution to alleviate filing space challenges which can be attributed to missing files. The above two High Courts were prioritised for implementation in view of the systemic challenges experienced with the management of case files as a result of the lack of space. The Project provides for an electronic system with scanning capabilities to mitigate the risk of files going missing. All files at the offsite storage site are scanned and physically stored. Turnaround times regarding retrieval of files offsite that existed at the beginning of the project are being managed at the highest level in the Department. Control measures were designed and implemented resulting in improvements in this regard.
(3)(b) The Department has put short term measures in place to manage these challenges as there are few instances where one of the parties in a matter or administrative staff has uplifted a court file and took it to his/her office for some reason. These measures include random searches conducted to deter illegal removal of files from the Court building which are often met with resistance from members of the legal fraternity and the public.
Another control measure to track file activity is that a file request form is completed by every member of the public/legal fraternity when a file is requested.
There are also registers and Court roll lists in place for all files sent up to judges for the motion roll. This register is signed by the Judges clerk and the Motion roll registrars' clerk for the management of any file activity.
PARLIAMENTARY QUESTION NO.: 3681
DATE OF QUESTION: 18 NOVEMBER 2011
3681. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
Whether the court date in respect of case number 52530/2011 in the North Gauteng High Court has been set; if not, at what stage are the proceedings; if so, what is the date?
NW4463E
REPLY:-I wish to inform the Honourable Member that Case No 52530/2011 of the North Gauteng High Court was set down for hearing on 22 November 2011 on an urgent basis.
The matter was argued before Judge Makgoka by both Counsel for the Applicant and the Respondent and judgment was reserved until Friday, 25 November 2011 at 14:00.
PARLIAMENTARY QUESTION NO.: 3671
DATE OF QUESTION: 18 NOVEMBER 2011
3671. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:
Whether (a) section 22 and (b) section 33 of the Children's Act, Act 38 of 2005, are operational; if not, in each case, (i) why not, (ii) when will it be operational and (iii) what are the further relevant details?
NW4453E
REPLY:-(a)(b) I wish to inform the Honourable Member that sections 22 and 33 of the Children's Act, 2005 are operational. The Children's Act, 2005 (Act No 38 of 2005) came into full operation on 1 April 2010, including sections 22 and 33 of the Act.
PARLIAMENTARY QUESTION NO.: 3603
DATE OF QUESTION: 18 NOVEMBER 2011
3603. Mr J H van der Merwe (IFP) to ask the Minister of Justice and Constitutional Development:
(1) Whether any officials in his department (a) have been investigated, (b) are currently under investigation and (c) have been charged for alleged (i) corrupt or (ii) fraudulent activity; if so, what are the relevant details;
(2) whether any disciplinary action has been taken against employees of his department for (a) fraud and/or (b) corruption; if so, (i) how many instances of disciplinary actions have (aa) been finalised and (bb) not been finalised and (ii) in each case, (aa) what sanctions have been meted out and (bb) how long has it taken to finalise such disciplinary actions;
(3) whether he has found that his department has adequate investigative capacity inclusive of manpower and infrastructure in respect of disciplinary proceedings; if not, why not; if so, what are the relevant details?
NW4380E
REPLY:-I wish to inform the Honourable Member that I have been advised as follows:
(1) (a) Yes, officials have been investigated.
(b) Yes, officials are currently under investigation.
(c) Yes, officials have been charged for alleged (i) corrupt or (ii) fraudulent activity.
The details for misconduct associated with fraud and corruption are detailed hereunder:
| Nature of Offence: | (1)(a) No. of investigations: | (1) (b) No. of officials being charged: | (1) (c) No. of officials still under investigation: |
| Corruption: | 26 | 12 | 14 |
| Bribery: | 4 | 1 | 3 |
| Fraud: | 95 | 36 | 59 |
| Loss of State Money: | 25 | 8 | 17 |
| Theft: | 47 | 24 | 23 |
| TOTAL: | 197 | 81 | 116 |
(2)(i) Yes, the details of disciplinary cases finalised and not finalised are detailed hereunder:
|
| (aa) No. OF DIsCIPLINARY CASES Finalised: | (bb) No. OF DIsCIPLINARY CASES not Finalised: |
| Fraud | 36 | 59 |
| Corruption | 12 | 14 |
| Bribery | 1 | 3 |
| Theft | 24 | 23 |
| TOTAL | 73 | 99 |
(2)(ii)
| (aa) Sanctions meted out: | (bb) Time taken to finalise: | |
| Bribery: | 1 Official dismissed | Average = 103 days |
| Corruption: | 2 Officials demoted 3 Officials dismissed 4 Cases of officials were withdrawn | Average = 357 days |
| Fraud: | 2 Officials acquitted 1 Official demoted 13 Officials dismissed 5 Officials suspended 6 Officials given warnings 3 Cases withdrawn 4 Officials resigned | Average = 298 days |
| Theft: | 2 Officials acquitted 14 Officials were dismissed 1 Official resigned 1 Official suspended 4 Officials received warnings 2 Cases were withdrawn | Average = 47 days |
(3) My Department has a Forensic Unit which is responsible for investigating various cases of misconduct. The Labour Relations Unit also makes use of its practitioners to conduct cases of misconduct. Various officials within my Department are also requested to assist in finalising cases. These officials play a role as chairpersons of disciplinary hearings, investigators, etc.
PARLIAMENTARY QUESTION NO.: 3437
DATE OF QUESTION: 04 NOVEMBER 2011
3437. Mr S C Motau (DA) to ask the Minister of Justice and Constitutional Development:
(1) (a) How many copies of each annual report that was produced by (i) his department and (ii) the entities reporting to him were commissioned for print in the 2010-11 financial year, (b) how many copies were actually printed and (c) what were the (i) total and (ii) individual costs of printing these reports;
(2) (a) who printed each specified report, (b) how was the specified printer decided upon and (c) on what date did the specified printer deliver the report to the specified entity;
(3) whether any of the specified reports that had been printed were found to be unsatisfactory; if not, what is the position in this regard; if so, in each case, (a) which reports, (b) for which entity, (c) by which printer, (d) what action was taken and (e) what were the costs?
NW4123E
REPLY:-I wish to inform the Honourable Member that I have been informed as follows regarding the annual reports produced and commissioned for printing in the 2010-11 financial year:
(1)(a)(i)
| Name of Report: | (a) No. Commissioned for Print: | (b) No. of Copies Printed: | (c) (i) Total Costs of Printing Reports: | (c)(ii) Individual Costs of Printing Reports: |
| Department of Justice and Constitutional Development's Annual Report 2010/11 | 300 x copies | 358 x copies | 8 x digital printed copies = R6,604.19 | R825.52 per copy |
| 300 x printed copies = R133,380.00 | R444.60 per copy | |||
| 50 x printed copies = R42,964.80 | R859.30 per copy | |||
| Sub-total = R182,948.99 | ||||
| Guardian's Fund Annual Report 2010/11 | 200 x copies | 208 x copies | 8 x digital printed copies = R1,420.16 | R177.52 per copy |
| 200 x printed copies = R29,680.00 | R148.40 per copy | |||
| Sub-total = R31,100.16 | ||||
| Criminal Asset Recovery Account (CARA) Annual Report 2010/11 | 200 x copies | 208 x copies | 8 x digital printed copies = R507.20 | R63.40 per copy |
| 200 x printed copies = R14,550.00 | R72.75 per copy | |||
| Sub-total = R15,057.20 | ||||
| President's Fund Annual Report 2010/11 | 200 x copies | 208 x copies | 8 x digital copies = R659.36 | R82.42 per copy |
| 200 x printed copies = R18,620.00 | R93.10 per copy | |||
| Sub-total = R19,279.36 | ||||
| South African Law Reform Commission Annual Report 2010/11 | 200 x copies | 200 x copies | 200 x printed copies = R45,946.56 | R229.73 per copy |
| Sub-total = R45,946.56 | ||||
| GRAND TOTAL OF ALL COSTS: | R 294,332.27 (incl. printing only) | |||
(1)(a)(ii)
| Name of Report: | (a) No. Commissioned for Print: | (b) No. of Copies Printed: | (c) (i) Total Costs of Printing Reports: | (c)(ii) Individual Costs of Printing Reports: |
| National Prosecuting Authority Annual Report 2010/11 | 1,200 x copies | 1,200 x copies | 1,200 x copies = R237,000 | R197.50 per copy |
| Total = R237,000 (incl. layout, design, printing and delivery) | ||||
| Legal Aid South Africa Annual Report 2010/11 | 3,200 x copies | 3,200 x copies | 3,200 x copies = R233,901.78 | R73.09 per copy |
| Total = R233,901.78 | ||||
(2)&(3)
| Name of Report: | Copies printed: | (a) Printed By: | (b) Reason for specified printer: | (c) Date reports were delivered: | (3) QUALITY OF PRINTS: |
| Department of Justice and Constitutional Development's Annual Report 2010/11 | 8 x digital printed copies | Bhubezi Printers (Pty) Ltd | In terms of Preferential Procurement Regulations, 2001 Comparative Schedule which was used for all the specified printers of the reports respectively. | 5 September 2011 | Satisfactory |
| 300 x printed copies | Due East Marketing CC | 30 September 2011 | Satisfactory | ||
| 50 x printed copies | Ndabase Printing Solutions | Expect delivery last week of November 2011 | Not determinable at the moment | ||
| Guardian's Fund Annual Report 2010/11 | 8 x digital printed copies | Bhubezi Printers (Pty) Ltd | 31 August 2011 | Satisfactory | |
| 200 x printed copies | Legadima Worx CC | 19 September 2011 | Satisfactory | ||
| Criminal Asset Recovery Account (CARA) Annual Report 2010/11 | 8 x digital printed copies | Bhubezi Printers (Pty) Ltd | 31 August 2011 | Satisfactory | |
| 200 x printed copies | Legadima Worx CC | 19 September 2011 | Satisfactory | ||
| President's Fund Annual Report 2010/11 | 8 x digital copies | Bhubezi Printers (Pty) Ltd | 31 August 2011 | Satisfactory | |
| 200 x printed copies | Legadima Worx CC | 19 September 2011 | Satisfactory | ||
| South African Law Reform Commission Annual Report 2010/11 | 200 x printed copies | Dyason Design & Print (Pty) Ltd | Awaiting sign off from SALRC to provide the service provider with the print ready disk | Not determinable at the moment | |
| National Prosecuting Authority Annual Report 2010/11 | 1,200 x copies | Easy Offset | Sourced through a Request for Quotation (RFQ) process. Three other companies submitted quotes and Easy Offset scored the highest in terms of the 80:20 adjudication system, as determined in the Preferential Procurement Policy Framework Act. | 30 August 2011 | Satisfactory |
| Legal Aid South Africa Annual Report 2010/11 | 3,200 x copies | Lebone Litho Printers | Request For Proposals (RFP) was sent out and suppliers who responded were evaluated by a committee and scoring criteria in terms of PFMA and PPPA (Preferential Procurement Policy Framework Act) was used to select the preferred supplier. | 30 August 2011 | Satisfactory |
PARLIAMENTARY QUESTION NO.: 3350
DATE OF QUESTION: 28 OCTOBER 2011
3350. Ms L H Adams (Cope) to ask the Minister of Justice and
Constitutional Development:
(1) (a) How many senior managers in his department have not yet entered into performance agreements in terms of Public Service regulations (details furnished) and (b) what progress has been made in ensuring that the specified senior managers sign their performance agreements;
(2) whether the director-general has signed her performance agreement; if not, why not; if so, what are the relevant details?
NW4011E
Details referred to: Public Regulation 4/III/B.1
REPLY:-
(1)(a) The Director-General and the six Deputy Director-General's have signed and submitted their Performance Agreements. The number of Senior Management Service (SMS) Members excluding the Director-General and the Occupational Specific Dispensation (OSD) personnel is one hundred and fifty eight (158). The number of SMS Members who have submitted their
signed Performance Agreements is one hundred and forty (140). There are eighteen (18) SMS Members who have not yet submitted their signed Performance Agreements.
(1)(b) It has been established that some SMS Members have signed their Performance Agreements but have not yet submitted them, while others are in the process of finalising theirs. My Department is currently following up on the outstanding SMS Members' Performance Agreements through circulars, reminders, e-mails and telephone calls.
(2) The Director-General signed her Performance Agreement on 25 August 2011 and it was submitted to the Public Service Commission (PSC) on 02 September 2011.
PARLIAMENTARY QUESTION NO.: 3349
DATE OF QUESTION: 28 OCTOBER 2011
3349. Ms L Adams (Cope) to ask the Minister of Justice and Constitutional Development:
(a) How many employees in his department, including the National Prosecuting Authority (NPA), have been found to have performed remunerative work outside their employment in his department and the NPA in the 2010-11 financial year without written permission from the relevant authority and (b) what corrective measures have been put in place in this regard?
NW4010E
REPLY:-(a) I wish to inform the Honourable Member that my Department and the NPA monitor remunerative work outside of the employment of the department and the NPA and this was augmented by a verification process in this regard in response to an audit query of the Auditor-General recently. The departmental verification process confirmed that fifty officials performed remunerated work outside of their employment in the department during the 2010/11 financial year, without written permission. Of the fifty officials, seven officials' employment contracts expired or they resigned before measures could be taken against them or formal permission letters could be sent to them. The other forty-three officials either acknowledged the unpermitted remunerated work or stated that they were not aware that they needed to request permission, in addition to disclosing their business interests.
(b) Corrective measures taken include that the departmental policy on remunerative work outside employment was placed on the intranet of the department and circulated electronically for perusal and compliance by all officials. The Department has since conducted at least twenty three (23) education and awareness training sessions in the current financial year and the policy on remunerative work outside employment forms part of the agenda of these sessions. Awareness on this policy will be intensified so as to ensure that all officials comply fully with the policy. Warning letters to the affected officials have been compiled and this process is anticipated to be concluded by the end of the calendar year, 2011.
It can be mentioned that during the 2010/11 financial year, seventeen officials officially applied for permission to perform remunerative work outside of their employment in the public service. Only seven officials were granted permission, whilst four applications were returned for clarification and corrections. Six applications were not approved.
THE NATIONAL PROSECUTING AUTHORITY (NPA):
With regard to the National Prosecuting Authority, I have been informed that the NPA has guidelines in place that govern the application and approval process for remunerative work. These guidelines are currently being reviewed with the intention to form a policy on conflicts of interest, which includes remunerative work outside NPA employment. Officials who have permission to conduct remunerative work are regularly monitored by means of integrity inspections. For the financial year in question, I have been advised that:
(a) Two officials were identified to have conducted remunerative work outside the NPA without written permission in the 2010/11 financial year. (b) Disciplinary action was taken against the officials and they were subsequently dismissed.PARLIAMENTARY QUESTION NO.: 3348
DATE OF QUESTION: 28 OCTOBER 2011
3348. Ms L H Adams (Cope) to ask the Minister of Justice and Constitutional Development:
(1) What amounts were paid out to awards made to suppliers that did not submit a declaration on whether they were employed by the State or connected to any person employed by the State in accordance with Treasury Regulation 16A8.3 and Practice Note 7 of 2009/10 in the 2010-11 financial year;
(2) what amounts were paid out to awards made to suppliers based on preference points that were not allocated in accordance with the requirements of the Preferential Policy Framework Act, Act 5 of 2000,
and its regulations;
(3) what steps were taken against procurement staff members who did not comply with the stated legislation?
NW4009E
REPLY:-
1) I wish to inform the Honourable Member that no amounts were paid out to awards made to suppliers that did not submit a declaration of interest on whether they were employed by the State or connected to any person employed by the State in accordance with Treasury Regulation 16A8.3 and Practice Note 7 of 2009/10 in the 2010-11 financial year;
2) An amount of R339 252,00 was paid in awards made to suppliers based on preference points that were not allocated in accordance with the requirements of the Preferential Policy Framework Act, Act 5 of 2000, and its regulations. However, this amount was subsequently approved and condoned by National Treasury on 24 June 2011.
3) My Department is currently in consultation with Counsel on a legal opinion on what steps to take further in respect of those officials that were non-compliant to the stated legislation.
PARLIAMENTARY QUESTION NO.: 3337
DATE OF QUESTION: 28 OCTOBER 2011
3337. Mr D A Kganare (Cope) to ask the Minister of Justice and Constitutional Development:
How many persons have been charged with attempted murder for infecting another with HIV in the past four years?
NW3997E
REPLY:-
I wish to inform the Honourable Member that I have been advised that neither the National Prosecuting Authority nor my Department keep such statistics. Attempted murder or murder cases captured on the system are
not further broken down to reflect the underlying reasons.
The Honourable Member may wish to direct this question to the Minister of Police who might be in a better position to provide the information.
PARLIAMENTARY QUESTION NO.: 3228
DATE OF QUESTION: 21 OCTOBER 2011
3228. Mrs S V Kalyan (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether, with reference to his reply to question 1406 on 25 July 2011, the further investigations have now been completed; if not, why not; if so,
(2) whether the Director of Public Prosecutions intends pursuing a criminal prosecution against the directors of Coal of Africa Limited (CoAL) for the various alleged transgressions in terms of the National Water Act, Act 36 of 1998, and the National Environmental Management Act, Act 107 of 1998; if not, why not; if so, what are the relevant details?
NW3840E
REPLY:-(1) I wish to inform the Honourable Member that I have been advised that the police docket was forwarded to the Director of Public Prosecutions (DPP) for consideration. A final decision is dependent on a fully investigated police docket. However, the police investigations have not been completed. Furthermore, the facts set out in the answer to question 2 below may result in the need for further investigation being dispensed with.
(2) Whether the DPP will decide to prosecute or not depends on the outcome of a Declaratory Order that the DPP intends to obtain from the High Court. This order is sought to clarify the legal position in relation to, and a proper interpretation to be attached to sections 24F and 24G of the National Environmental Management Act, 107 of 1998, (hereinafter referred to as NEMA). Section 24F provides for criminal prosecution for certain contraventions of NEMA, whilst section 24G provides for the payment (subsequent to an application to a competent authority) of an administrative fine and performance of certain activities set out in the application.
The suspects in this matter did follow the procedure set out in section 24G and subsequently paid an administrative fine of approximately R9 million to the relevant Department.
The DPP is of the opinion that to institute criminal proceedings in terms of section 24F after a suspect has already admitted guilt and paid a fine in terms of section 24G may be inappropriate. The DPP intends to request the High Court to clarify this issue in terms of the Declaratory Order.
The decision of the High Court will determine whether the investigation continues, upon which the DPP will make a decision.
PARLIAMENTARY QUESTION NO.: 3188
DATE OF QUESTION: 21 OCTOBER 2011
3188. Mrs S U Paulse (ID) to ask the Minister of Justice and Constitutional Development:
What amount in orders has been placed, with each specified travel agency that has been contracted by his office, (a) in the 2010-11 financial year and (b) during the period 1 April 2011 up to the latest specified
date for which information is available?
NW3755E
REPLY:-
I wish to inform the Honourable Member that I have been advised, subject to auditing processes, as follows:
(a) In the 2010-11 financial year, an amount of R3,210,167 has been spent by my office (inclusive of all R1,180,438 has been spent by my office (inclusive of all officials in the Minister and Deputy Minister's office) for orders
placed with Sure Link.
(b) For the period 1 April 2011 up to 30 September 2011, an amount of R3,717,555 has been spent by my office (inclusive of all officials in the Minister and Deputy Minister's office) for orders placed with Travel with Flair.
PARLIAMENTARY QUESTION NO.: 3067
DATE OF QUESTION: 14 OCTOBER 2011
3067. Mr S J Masango (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether (a) he, (b) the Deputy Minister and (c) any senior officials of his department intend to visit or have visited New Zealand during the 2011 Rugby World Cup Tournament; if so, what is the (i)(aa) name, (bb) rank and (cc) position or designation of each specified person accompanying (aaa) him, (bbb) the Deputy Minister and (ccc) each specified senior official and (ii)(aa) nature and (bb) official reason for the visit;
(2) what (a) total amount will be spent or has been spent on the trip and (b) is the (i) description and (ii) detailed breakdown of the amounts that will be spent or have been spent on (aa) accommodation, (bb) travel and (cc) subsistence costs?
NW3589E
REPLY:-(1) Neither the Deputy Minister nor I visited New Zealand during the 2011 Rugby World Cup, whether for official or any other purpose . The Honourable Member has unfortunately not indicated whether he is referring to an official or private visit to New Zealand during the Rugby World Cup 2011. Where an official has taken leave to attend the Rugby World Cup in his or her private capacity and for his or her own account the Department will for obvious reasons not have any of the information requested by the Honourable Member. Furthermore, the Honourable Member would no doubt appreciate that it would be an impossible task to indicate whether an official intended to visit New Zealand as it would mean that I will have to request the more than 15 000 officials in the Department what their intentions were during the 2011 Rugby World Cup. No official from the Department visited New Zealand during the 2011 Rugby World Cup Tournament for official purposes.
PARLIAMENTARY QUESTION NO.: 3047
DATE OF QUESTION: 14 OCTOBER 2011
3047. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether he had issued an instruction that no names of maintenance defaulters be given to the Western Cape provincial government, or any provincial government; if so, (a) when, (b) why and (c) under what conditions; if not, why has the regional head of his department's Western Cape office refused to give out names of maintenance defaulters to the Western Cape government or Premier;
(2) whether his consent is required for releasing the names of maintenance defaulters; if not, what is the position in this regard; if so, why were the names provided to the Western Cape government last year, but not this year;
(3) whether he has consented that the names be given; if not, why not; if so, (a) when and (b) in what form;
(4) whether he intends to take all necessary steps to ensure the continued success of Operation Isondlo in each province; if not, why not; if so, what are the relevant details?NW3535E
REPLY:-
Before responding to the question it should be mentioned that the draft reply which indicated that the requests by the requester were informal, was erroneously sent to Parliament without my approval. This error is regretted. This response therefore seeks to address the question.
(1)(a)(b)(c) I wish to inform the Honourable Member that no instruction was issued by my office that the names of maintenance defaulters cannot be given to any provincial government. The Regional Head's reluctance to release the information was occasioned by the fact that the Department's legal risk had not been canvassed and articulated. This has since been done in the form of a research paper, which now clarifies circumstances under which this information can be released.
(2) No, my consent is not required to release maintenance defaulter's names. The management of the release of these names is done as a last resort by the Department once all other civil and criminal processes have been exhausted to secure the attendance of the alleged defaulter at court.
The context of the release of the names last year (2010) was that the Department had invited various stakeholders in the Western Cape such as provincial administration, municipalities and NGO's to join the Department in the campaign of 16 Days of Activism of No Violence against Women and Children in highlighting the plight of vulnerable groups, in particular women and children, during this period. For this year's campaign (2011) the emphasis was different as it was on the coordinating of the criminal justice system to advance the protection and security of women and children and therefore it was not necessary to release the information on maintenance defaulters.
(3)(a)(b) Please see the response in (1).
(4) The constant improvement of the maintenance system takes the priority focus of my Department. From the lessons learnt from Operation Isondlo, my Department has prioritised maintenance in the Departmental Strategy as well as developed the Maintenance Turnaround Strategy to improve the turnaround times at every service point within the maintenance value chain. The Strategy has been translated into a 3 year Project which forms part of the key priority indicators for the 2012-2015 MTSF. This project will be piloted in one court in each province.
Going forward, my Department will be establishing a National Task Team to manage the release and publication of the names of Alleged Untraced Maintenance Defaulters on a quarterly basis. This has to be done in a structured manner that will minimise the risk to the Department and optimise the benefits to the children entitled to such maintenance. This is consistent with the research that the Department has done that guides the Department on how to release this information in a responsible manner.
PARLIAMENTARY QUESTION NO.: 3047
DATE OF QUESTION: 14 OCTOBER 2011
3047. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether he had issued an instruction that no names of maintenance defaulters be given to the Western Cape provincial government, or any provincial government; if so, (a) when, (b) why and (c) under what conditions; if not, why has the regional head of his department's Western Cape office refused to give out names of maintenance defaulters to the Western Cape government or Premier;
(2) whether his consent is required for releasing the names of maintenance defaulters; if not, what is the position in this regard; if so, why were the names provided to the Western Cape government last year, but not this year;
(3) whether he has consented that the names be given; if not, why not; if so, (a) when and (b) in what form;
(4) whether he intends to take all necessary steps to ensure the continued success of Operation Isondlo in each province; if not, why not; if so, what are the relevant details?
NW3535E
REPLY:-(1)(a)(b)(c) I wish to inform the Honourable Member that no instruction was issued by my office that the names of maintenance defaulters cannot be given to any provincial government. I have been advised that in the matter at hand, the Western Cape Government or Premier made informal telephonic requests to the Regional Head of the Department in the Western Cape enquiring whether the names of maintenance defaulters against which warrants of arrest were outstanding, could be handed over so that the Office of the Premier could manage the release of these names to the public.
I must stress that the Director-General, as the Accounting Officer of the Department of Justice and Constitutional Development, the Regional Heads and Court Managers are the custodians of information relating to maintenance defaulters and beneficiaries. This information may only be made available for the furtherance of the obligations laid down by the Maintenance Act, 1998 (Act No 99 of 1998). As my Department has the core mandate to execute these statutory obligations, the dissemination of names and the management of this type of information cannot be abdicated to other levels of government since the core risk and legal liability is carried by my Department. In essence, the release of this delicate information to any entity outside the Department will pose an enormous legal risk on the Department.
The general principles and pre-amble to the Maintenance Act, 1998, require my Department to prioritise the obtaining of maintenance for all children and those liable to be maintained from those who are liable to pay maintenance. Amongst other initiatives in this regard, the Department collaborates with the South African Police Service (SAPS) to serve warrants of arrest issued against maintenance defaulters, in terms of section 31 of the Maintenance Act, 1998. If the SAPS cannot execute such warrant, the names and other personal details of the maintenance defaulter may be published to elicit public assistance in tracing the whereabouts of such defaulter.
(2) No, my consent is not required to release maintenance defaulter's names. The reason why the names were released last year is that during last year's 16 Days of Activism of No Violence against Women and Children Campaign, our Western Cape Regional Office was assisted by the office of the Western Cape Administration in the execution of the Public Education Campaign of the Operation Isondlo (Maintenance) Project. During this campaign certain information was shared with the various stakeholders, with the aim to highlight the key responsibility of parents to their children in terms of the Maintenance Act and to improve compliance with the Maintenance Orders by defaulting parents. It must be noted that the activities of the campaign were for a duration limited to the 16 Days of Activism, which ended on the 10th of December 2010.
(3)(a)(b) Please see the response in (1).
(4) The constant improvement of the maintenance system takes the priority focus of my Department. From the lessons learned from Operation Isondlo, my Department has recently developed the Maintenance Turnaround Strategy to improve the turnaround times at every service point within the maintenance value chain. The Strategy has been translated into a 3 year Project which forms part of the key priority indicators for the 2012-2015 MTSF. This project is currently piloted in one court in each province.
(2) Not applicable.
PARLIAMENTARY QUESTION NO.: 3024
DATE OF QUESTION: 14 OCTOBER 2011
3024. Mr E J Marais (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether (a) his department and (b) any entity reporting to him was approached by a certain political organisation (name furnished) to contribute to its 66th birthday celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) his department and (b) any of the specified entities reporting to him agreed to the request; if not, what is the position in this regard; if so, in each case, (i) who approved the request, (ii) what was the justification for the agreement to the request and (iii) from which budget will the contribution be paid;
(3) whether (a) his department and (b) any of the specified entities reporting to him made financial contributions to the said political organisation without being approached for such financial contributions; if so, in each case, (i) what amount will be contributed, (ii) from which budget, (iii) who made the decision to provide the specified funds to the said political organisation and (iv) how is this (aa) decision and (bb) amount justified;
(4) whether (a) his department and (b) any of the entities reporting to him rely on any (i) statutory and (ii) policy provisions in (aa) agreeing and (bb) making such contribution; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details?
NW3508E
Name of political organisation: African National Congress Youth League REPLY:-(1) I wish to inform the Honourable Member that neither (a) my Department nor (b) any entities reporting to me were approached by the mentioned organisation to contribute to its 66th birthday celebrations.
(2)(a)&(b) No.
(3)(a)&(b) No.
(4)(a)&(b) Not applicable.
PARLIAMENTARY QUESTION NO.: 3000
DATE OF QUESTION: 14 OCTOBER 2011
3000. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:
What measures have been put in place to ensure that persons that have been discharged from witness protection are not harmed by criminal conduct of persons against whom these witnesses had been protected?
NW3484E
REPLY:-As part of the discharge process, discharged witnesses will be resettled where they prefer to resettle. The Office for Witness Protection will, however, establish beforehand whether there might not also be a threat against the safety of the witness in question in the resettlement area of choice and the witness will be furnished with recommendations in that event.
The Office for Witness Protection furthermore advises each and every witness, that are leaving the witness protection programme (either on his/her own volition or upon formal discharge), that they should preferably not go back to the area where they come from, if it is still a danger area and if they choose to disregard such advice, they are expected to sign a waiver of protection.
A witness who is to be discharged is informed that she/he is entitled to make representations to the Director of the Office for Witness Protection, regarding any safety concerns. (The Director would, in such a case, request the SAPS Crime Intelligence Division to do a threat assessment and to provide the Office for Witness Protection with an analysis of the safety situation, who will then furnish appropriate information/recommendations to the witness).
In addition, contact details of the relevant Office for Witness Protection officials and the investigating officer are given to discharged witnesses and they are informed that they may, at any time, make contact with such officials for assistance.
PARLIAMENTARY QUESTION NO.: 2999
DATE OF QUESTION: 14 OCTOBER 2011
2999. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:
In respect of the (a) 2009-10 and (b) 2010-11 financial years, how many witnesses testifying in court cases have died from criminal conduct on the part of persons against whom the witness testified?
NW3483E
REPLY:-(a) & (b) I wish to inform the Honourable Member that I have been informed that neither my Department nor the National Director of Public Prosecutions keep a record of deceased witnesses or causes of such deaths.
The National Director of Public Prosecutions informs me that information is only available with regard to witnesses who are or were or had been on the witness protection programme. With regard to both financial years, no witnesses were killed or injured while they were on the witness protection programme. Furthermore, no witnesses were killed or injured after they had lawfully been discharged after testimony.
Despite the zero returns mentioned above, I wish to inform the Honourable Member that I have been informed of two instances where witnesses that were on the witness protection programme died after electing to leave the protection programme.
· In a Free State criminal case, a witness decided to leave the witness protection programme prior to giving testimony. He returned to the danger area where he allegedly stole a firearm and got involved in a fracas during which he was disarmed and killed with the same firearm. There is no evidence, according to the investigating officer, that the people with whom he fought had any relation to the case in which he was to testify. Despite his demise the trial continued and was concluded on 11 October 2011 with all 10 accused having been convicted on various charges for which they were sentenced to long terms of imprisonment.
· A Western Cape witness also decided to leave the witness protection programme in October 2010. He returned to the danger area and about a week later his body was found on a vacant lot, having been shot. Although the police suspect a very notorious gang leader, no evidence has yet been found as to the killer(s).
PARLIAMENTARY QUESTION NO: 2978
2978: Mr M G P Lekota (Cope) to ask the Minister of Justice and Constitutional Development:
(1) Whether the Government facilitated any shipment of arms and ammunitions, from (a) within the country itself or (b) abroad, to Libya during the period 1 January 2011 to 31 July 2011; if not,
(2) whether he will make a statement on the matter?
REPLY
I wish to inform the Honourable member that the NCACC did not receive any request during the period 1 January 2011 to 31 July 2011 to facilitate any shipment of arms and ammunitions, from within the country itself or abroad, to Libya.
PARLIAMENTARY QUESTION NO.: 2909
DATE OF QUESTION: 23 SEPTEMBER 2011
2909. Mr D C Ross (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether his department has placed any (a) companies or (b) persons on the List of Restricted Suppliers, thereby prohibiting the public sector to do business with them; if so, in each case, what is the (i) name of said entity or person, (ii) nature of their business, (iii) reason for restricting this service and (iv) date on which they were restricted;
(2) whether any of the implicated (a) companies or (b) persons have since been removed from the list; if so, in each case, (i) which entity or person, (ii) when and (iii) what is the reason for removing the specified company or person from the list;
(3) whether his department has conducted any business with any of the (a) companies that or (b) person who have been removed from the list; if so, in each case (i) with which companies or persons, (ii) with regard to which services, (iii) for which time period and (iv) why did his department engage the specified company or person despite previous conduct?
NW3380E
REPLY:- (1)(a)&(b) No.(2)(a)&(b) No companies or persons were removed from the list as there were none listed on the List of Restricted Suppliers.
(3)(a)&(b) No, refer to number 1 and 2 above.
PARLIAMENTARY QUESTION NO.: 2864
DATE OF QUESTION: 23 SEPTEMBER 2011
2864. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether an invitation to nominate candidates for the Equality Review Panel, formed under the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000, was published in newspapers (a) during November 2010 or (b) at any other time during 2010 or 2011; if not, why not; if so, (i) in which newspapers and (ii) on which dates;
(2) whether any nominations were (a) received and (b) acknowledged; if not, what is the position in this regard; if so, how many were (i) received and (ii) acknowledged;
(3) whether any persons were appointed; if not, why not; if so, (a) who and (b) when?
NW3332E
REPLY:- (1)(a)&(b) Yes, I wish to inform the Honourable Member that an invitation to nominate candidates for the Equality Review Panel, formed under the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000), was published in newspapers during November and December 2010. (1)(i)&(ii) The invitation to nominate candidates for possible appointment by me was published in three (3) newspapers, namely:· Sowetan of 26 November 2010;
· City Press of 28 November 2010; and
· The Star of 02 December 2010.
The same invitation was also published in the Government Gazette on 10 December 2010 (under Notice Number 1104 of 2010).
(2)(a)&(b) Yes, the closing date for the nominations was 14 January 2011.
(i)&(ii) Twenty (20) nominations were received by the closing date. Nominees were telephonically informed on receipt of nominations following enquiries regarding the appointment process to be followed.
(3)(a)&(b) No, but a process has been put in place to deal with the appointment as speedily as possible.
PARLIAMENTARY QUESTION NO.: 2854
DATE OF QUESTION: 23 SEPTEMBER 2011
2854. Ms D A Schafer (DA) to ask the Minister of Justice and Constitutional Development:
(1) How many courses have been attended by Magistrates at (a) Justice College and (b) South African Judicial Education Institute (SAJEI) since 1 January 2011 up to the latest specified date for which information is available;
(2) What are the (a) details of the course offered and (b) number of persons attending each course?
NW3322E
REPLY:-(1)(a) I wish to inform the Honourable Member that 17 courses have been offered by Justice College to Magistrates since 1 January 2011 and 489 Magistrates have been trained by Justice College since 1 January 2011.
(1)(b) The South African Judicial Education Institute (SAJEI) has not started with the training of Magistrates as yet.
(2)(a)&(b)
Details of Courses
| Date | Place | Topic | Number of attendees |
| 24 - 28 January 2011 | Cape Town | Decentralised Seminar for Criminal Court Magistrates | 15 |
| 31 January - 25 February 2011 | East London | Seminar for Newly Appointed Regional Magistrates | 28 |
| 01 March 2011 | Thohoyandou | Child Justice Act 75 of 2008: Preliminary Inquiries | 15 |
| 01 March 2011 | Malamulele | Child Justice Act 75 of 2008: Preliminary Inquiries | 18 |
| 02 March 2011 | Naphuno | Child Justice Act 75 of 2008: Preliminary Inquiries | 13 |
| 02 March 2011 | Mankweng | Child Justice Act 75 of 2008: Preliminary Inquiries | 6 |
| 03 March 2011 | Thabamoopo | Child Justice Act 75 of 2008: Preliminary Inquiries | 12 |
| 04 March 2011 | Modimolle | Child Justice Act 75 of 2008: Preliminary Inquiries | 2 |
| 06 - 08 April 2011 | Cape Town | Civil Court Procedure: New Rules | 25 |
| 21 May 2011 | Polokwane | Child Justice Act 75 of 2008: Preliminary Inquiries | 20 |
| 21 May 2011 | Welkom | National Credit Act | 30 |
| 29 June 2011 | Nelspruit | Civil Court Procedure: New Rules | 33 |
| 23 July 2011 | Phalaborwa | Debt Rescheduling Applications | 30 |
| 27 August 2011 | East London | Debt Rescheduling Applications | 150 |
| 09 September 2011 | Glencoe Correctional Centre | · Bail and Related Matters (Sections 50 and 60 of the Criminal Procedure Act) · Arrest and Detention of Children (Section 20 of the Child Justice Act) · Case-Flow Management and Application of Section 342A of the Criminal Procedure Act · Plea Proceedings | 30 |
| 17 September 2011 | Magaliesburg | Debt Rescheduling Applications | 40 |
| 26 September 2011 | Mmabatho | Child Justice Act 75 of 2008: Preliminary Inquiries | 22 |
| TOTAL: | 489 | ||
PARLIAMENTARY QUESTION NO.: 2737
DATE OF QUESTION: 16 SEPTEMBER 2011
2737. Mr D C Ross (DA) to ask the Minister of Justice and Constitutional Development:
(1) (a) Who is the preferred service provider that is used by his department for the hiring of vehicles and (b) why is the specified service provider preferred;
(2) whether his department has a fixed contract with the specified service provider; if not, why not; if so, what are the relevant details;
(3) what is the (a) name of the service provider and (b) reason for using the specified service provider in each instance where vehicles have been hired for use by him or his Deputy Minister since March 2010?
NW3198E
REPLY:-(1)(2)&(3) I wish to inform the Honourable Member that my Department does not have a contract with a preferred service provider for the hiring of vehicles. My Department has embarked on an open bid process wherein a travel agency has been appointed to facilitate all its travel and accommodation requirements. The contract with the appointed service provider is valid from 3 August 2010 to 2 August 2012.
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.: 2603
DATE OF QUESTION: 09 SEPTEMBER 2011
2603. Mrs A T Lovemore (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether his department has commenced with the preparation of a National Action Plan to deal with xenophobia and xenophobic violence; if not, why not; if so, (a) when have these preparations commenced and (b) what is the current status of this plan;
(2) whether his department has undertaken or will undertake consultations with stake holders regarding the content of this plan; if not, why not; if so, (a) what are the details of such consultations, (b) when does he envisage the plan will be finalised and (c)(i) how and (ii) when will this plan be implemented?
NW3018E
REPLY:- (1)&(2) I wish to inform the Honourable Member that on 8 July 2010, Government outlined a multifaceted plan to prevent any outbreak of violence against anyone, including foreign nationals in South Africa. This plan was presented to the Inter-Ministerial Committee (IMC) established to deal with threats of violence against foreign nationals. The IMC is chaired by the Minister of Police, Mr N Mthethwa, MP and is comprised of several Ministers, including those of Home Affairs, Social Development, State Security, Basic Education, Cooperative Governance and Traditional Affairs, Arts and Culture as well as International Relations and Cooperation. Government's strategy, in partnership with various organs of civil society in proactively curbing and averting these threats, is outlined in a multi-faceted and integrated plan. It is recommended that the question be redirected to the Minister of Police for further information in this regard.PARLIAMENTARY QUESTION NO.: 2435
DATE OF QUESTION: 02 SEPTEMBER 2011
2435. Dr D T George (DA) to ask the Minister of Justice and Constitutional Development:
What amount was (a) claimed by and (b) paid to (i) him and (ii) his deputy minister for subsistence and travel in each month in the 2010-11 financial year?
NW2833E
REPLY:-The Honourable Member is hereby informed that the payments indicated below, which arose from traveling outside of the Republic of South Africa on necessary, official business, were paid in respect of subsistence and travel expenditure in accordance with the Public Service Rules and Regulations, as determined by Department of Public Service and Administration (DPSA).
In this regard, I wish to indicate to the Honourable Member that I have been informed that the following amounts were claimed and paid, namely:| Month | (i) Minister | (ii) Deputy Minister | ||
| (a) Claimed | (b) Paid | (a) Claimed | (b) Paid | |
| April 2010 | - | - | - | - |
| May 2010 | - | - | R7,433.09 | R5,946.48 |
| June 2010 | - | - | R5,689.36 | R5,354.53 |
| July 2010 | - | - | R7,299.46 | R6,324.34 |
| August 2010 | R4,599.04 | R3,679.24 | - | - |
| September 2010 | - | - | - | - |
| October 2010 | R1,676.51 | R1,450.32 | R3,705.48 | R3,858.36 |
| November 2010 | - | - | R1,818.76 | R1,441.91 |
| December 2010 | - | - | - | - |
| January 2011 | - | - | - | - |
| February 2011 | - | - | - | - |
| March 2011 | - | - | - | - |
| TOTAL: | R6,275.55 | R5,129.56 | R25,946.15 | R22,925.62 |
I wish to also indicate that my Department ensures that mechanisms are in place to ensure that these expenses are dealt within the requirements of the Public Service Rules and Regulations. Consequently it can be seen from the table above that the amounts claimed differ from the amounts paid. The reason for the difference in the amounts claimed and paid is mainly because when the administrative support in the Ministry compiles the claims, there may be differences in the rates applicable that still have to be corrected.
It should be noted that all claims, once submitted, are again scrutinised by the Finance Division, in order to ensure that the correct exchange rates, taxes and updated tariffs, in accordance with the DPSA Circulars for official visits abroad, are used. Subsequent to the verification process by the Office of the Chief Financial Officer, these claims may, understandably, differ from the original claims submitted.
PARLIAMENTARY QUESTION NO.: 2504
DATE OF QUESTION: 02 SEPTEMBER 2011
2504. Dr SM van Dyk (DA) to ask the Minister of Justice and Constitutional Development:
Whether (a) his department or (b) entities reporting to it have (i) awarded any tenders, (ii) concluded any (aa) contracts and (bb) financial transactions with certain companies (names and details furnished) in each specified financial year since 2005-06; if so, (aaa) which company or entity, (bbb) what are the relevant details, (ccc) what was the value of each (aaaa) tender, (bbbb) contract or (cccc) financial transaction and (ddd) what was the name of the companies who failed for each tender, contract or financial transaction that was awarded?
NW2806E
Names of companies referred to: (i) Bobwil Projects, (ii) Casino Retail, (iii) Chamber Management Services, (iv) Hyperception Properties 213, (v) Justco Investments, (vi) Lezmin 2554, (vii) Mokerong Printings and Promotions, (viii) Que Trade 101RHC Properties, (ix) Sonex, and (x) Ivothondaba Properties REPLY:-I wish to indicate to the Honourable Member that my Department has no specific entities reporting to it. I presume the Honourable Member had in mind entities reporting to me in my portfolio as Minister of Justice and Constitutional Development. In this regard, I have been informed that neither (a) my Department nor (b) any of the entities reporting to me have (i) awarded any tenders, (ii) concluded any (aa) contracts and (bb) financial transactions with the companies listed in the question above in each specified financial year since 2005-06.
(aaa)(bbb) and (ccc) Not applicable.
PARLIAMENTARY QUESTION NO.: 2469
DATE OF QUESTION: 02 SEPTEMBER 2011
2469. Mrs J F Terblanche (DA) to ask the Minister of Justice and Constitutional Development:
(1) Why have no payouts from the Guardian's Fund been made to the children of a certain person (name furnished) since 2003;
(2) whether these payments will be reinstated; if not, why not; if so, (a) when and (b) what amount will be paid out;
(3) whether any arrangements were made to support the children in the period during which no payments were made; if not, why not; if so, what are the relevant details;
(4) whether any officials were investigated with regard to nonpayment; if not, why not; if so, (a) what were the findings of the investigation and (b) what steps were taken as a result?
NW2880E
Person referred to: Mr Abner Naledi Sehoone, deceased – (Reference 3/31/3) REPLY:- I wish to inform the Honourable Member that in order for my Department to respond to this question, more details would be required. A search was conducted on our Guardian's Fund System using the surname but no results could be obtained. The given reference number also does not correspond with that of the Master's Office. Should the Honourable Member be able to provide more details such as the full names of the relevant beneficiary, and if available, the ID number, my Department will be in a better position to respond to the questions above.PARLIAMENTARY QUESTION NO.: 2468
DATE OF QUESTION: 02 SEPTEMBER 2011
2468. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(a) What amount was spent by the National Prosecuting Authority on the double-page advertisement which appeared in newspapers on 29 August 2011 and (b) what was the purpose of the advertisement?
NW2879E
REPLY:- (a) I wish to inform the Honourable Member that I have been advised that the amount spent on the double-page advertisement which appeared in newspapers on 29 August 2011, is R910 898.34 (excl. VAT).(b) I have further been advised that this was done in line with the overall communication objectives of the National Prosecuting Authority (NPA), which are (i) to educate the public about the role of the NPA through media, community outreach activities and events; and (ii) to highlight the successful performance of the organisation through media and other stakeholder engagements.
The double-page publication is an NPA Women's Month feature, to profile the work of prosecutions in line with the communication objectives set out above. The articles highlight successful cases that focus on the fight against gender based crimes and the fight for justice for women, by women (hence the profiles of some women prosecutors and key highlights of their careers in the previously male dominated field of prosecution). The issues and cases highlighted include:
1) Ukuthwala – the illegal practice of the abduction of young girls for purposes of marrying them to older men, largely practiced in the Eastern Cape. The article focused on the specific interventions that the NPA and other Criminal Justice System partners have put in place to address this challenge and the progress achieved by the task team that the National Director of Public Prosecutions established to focus on the problem in the Eastern Cape.
2) Sexual Offences Indaba 2011 – the Sexual Offences and Community Affairs Unit hosts the Indaba annually and this article provides information to the public about this year's deliberations, review of achievements and challenges and the way forward charted by the participants.
3) Human Trafficking conviction – this article focuses on a specific human trafficking criminal case that was successfully prosecuted, using the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. In this case, a sentence of life imprisonment was handed down. The article highlights the consequences of trafficking in persons.
4) Domestic Violence and Protection Orders – this article highlights the consequences of protection order violations. It also serves to dissuade the public from the inherent perception that culprits of protection order violations are men. The article also seeks to correct the misconception that only women are victims of domestic violence.
5) Rhino Horn Project – the underlying objective of this feature is to make the public aware of the multidisciplinary approach followed and the commitment from the Cluster in the fight against the scourge of rhino poaching. This article highlights the importance of co-operation by relevant role players and the aggressive approach they are taking. Of interest was that this case was successfully prosecuted by a team of women state advocates.
PARLIAMENTARY QUESTION NO.: 2462
DATE OF QUESTION: 02 SEPTEMBER 2011
2462. Mr M J Ellis (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether the dockets with regard to a certain person (name furnished) have been lost; if not, what is the status of the investigation into why the docket has gone missing; if so,
(2) whether an investigation has been instituted to determine the events that led to the dockets being lost; if not, why not; if so, what are the relevant details;
(3) whether new dockets will be issued for this case; if not, why not; if so, what are the relevant details;
(4) whether the National Prosecuting Authority intends to pursue the prosecution of the said person for allegedly illegally killing wildlife; if not, why not; if so, what are the relevant details?
NW2871E
Person referred to: Michael Peega REPLY:- (1) I wish to inform the Honourable Member that I have been advised that the initial presumption was that the dockets were lost as it could not be traced. The case was subsequently struck off the roll because, in addition to the supposedly lost dockets, the main accused died. However, the dockets were later recovered by an official from the Department of Environmental Affairs and Tourism in Limpopo and brought to the attention of the National Prosecuting Authority (NPA), and the matter was re-enrolled. Before the case could get underway, another accused person in the matter died and two other suspects are currently untraceable. This resulted in the case being withdrawn again in March 2011, in order to give the prosecutor dealing with the case some time to peruse the dockets to establish if there is indeed still prima facie evidence against the remainder of the accused and to determine the prospects of a successful prosecution. The prosecutor dealing with the case is also awaiting the appointment of new investigating officers to assist further.(2) I with to advise the Honourable Member that both the South African Police Service (SAPS) and the Department of Environmental Affairs and Tourism: Limpopo would be in a better position to respond to this question as the dockets did not get lost while in the custody of the NPA and therefore no NPA official will be investigated.
(3) It will not be necessary to issue new dockets as the old ones have been recovered.
(4) The NPA is still in the process of perusing the evidential material to establish if a prosecution can be instituted or not.
PARLIAMENTARY QUESTION NO.: 2401
DATE OF QUESTION: 02 SEPTEMBER 2011
2401. Mr P J Groenewald (FF Plus) to ask the Minister of Justice and Constitutional Development:
How many cases of debt counselling (a) in (i) 2008, (ii) 2009 and (iii) 2010 and (b) during the period 1 January 2011 up to the latest specified date for which information is available were (i) handed in to the clerk of the Ellisras magistrate's court (ii) placed on the roll, (iii) heard by the magistrate and (iv)(aa) passed and (bb) rejected by the court?
NW2792E
REPLY:-I wish to inform the Honourable Member that I have been advised as follows regarding the situation relating to cases of debt counselling dealt with at the Ellisras magistrate's court:
| (i) Cases handed in | (ii) Cases placed on the roll | (iii) Cases heard by the magistrate | (iv)(aa) Passed | (iv)(bb) Cases rejected by the court/ removed from the court roll | |
| (a)(i) 2008 | None | ||||
| (a)(ii) 2009 | None | ||||
| (a)(iii) 2010 | 99 | 99 | 0 | 0 | None was rejected. Additional information: However, 13 cases were postponed sine die; 8 were removed from the court roll on request of Attorneys/Debt Councellors; 35 matters were placed on the roll, but the documents were later removed by the parties and never returned to court; 39 notices of withdrawals of actions and notices to remove from the roll were received from Attorneys/Debt Councellors; and 4 matters were placed on the roll for February to June 2011. |
| (b) 1 January 2011 up to the latest specified date | 22 | *26 | 3 | 3 | None was rejected. Additional Information: 6 cases were postponed sine die; 8 were removed from the court roll on request of Attorneys/Debt Councellors; 1 matter was placed on the roll, but documents were removed and never returned to court; 1 notice of withdrawal of action and notice to remove from the roll was received from Attorneys/Debt Councellors; and 7 matters were placed on the roll for September to November 2011. |
* It should be noted that four (4) cases which were placed on the roll during 2010, were removed from the roll by the Attorneys/Debt Councellors during 2010. The same 4 (four) cases of 2010 were again placed on the roll for 2011.
PARLIAMENTARY QUESTION NO.: 2389
DATE OF QUESTION: 02 SEPTEMBER 2011
2389. Ms C C September (ANC) to ask the Minister of Justice and Constitutional Development:
Whether (a) his department and (b) the entities reporting to him have implemented any energy-saving (i) practices or (ii) devices for buildings, offices and boardrooms in the 2010-11 financial year; if not, why not, in each case; if so, what are the relevant details in each case?
NW2778E
REPLY:-I wish to inform the Honourable Member that (a) my Department has not implemented any specific energy-saving (i) practices or (ii) devices in any of its buildings, offices and boardrooms in the current financial year. The reason for this is that the Department of Public Works (DPW) as the custodian of our buildings is in the process of looking at energy saving processes, practices and devices. I have been advised that the DPW has started to install energy saving devices such as low voltage light bulbs in some of the state owned buildings. They do not have the exact number of courts or buildings occupied by the Department of Justice and Constitutional Development that have been fitted with these devices. With regards to leased buildings, they try to ensure that the landlords add such energy-saving devices to such buildings where possible.
With regard to the air conditioning systems, we have both split units and centrally controlled systems. These different systems were installed when the buildings were constructed. All new court buildings, are, however, fitted with centrally controlled systems. These are easy to manage as they can be automated to switch off when not used.
My Department will, together with the DPW, look at increasing the implementation of energy saving measures in our buildings.
My Department has, however, introduced some measures for the organisation which cover, amongst others, saving on electricity where possible, recycling of paper and smoking guidelines at our buildings. My Department is also making use of video and telephone conferencing facilities for some of its meetings for the purpose of saving fuel costs and reducing CO² emissions.(b) THE NATIONAL PROSECUTING AUTHORITY (NPA):
(i) I have been informed that the National Prosecuting Authority (NPA) has implemented energy saving practices and devices for some of its offices. In respect of the NPA National Office building, for instance, the NPA has approved the installation of an energy saving device (power factor correction equipment). This device could result in calculated savings of ± R15,000 per month on the electricity bill for the NPA building.
(ii) The following energy saving practices have been implemented at the NPA National Office:
· The process of replacing the old electro-magnetic type fluorescent fittings has commenced and a total of 214 light fittings have been replaced to date;
· All external security lights were Quartz Halogen and have been replaced with Metal Hyalite Flood lights;
· The temperature of all 24 geysers in the building have been reduced and are all switched off by timers from 18:00 to 05:00;
· All geysers have been fitted with geyser blankets;
· The central air conditioning system is also switched off at 18:00 and switched on at 06:00 in the morning; and
· All central heating systems have heater banks installed in the air ducts to regulate temperatures during winter. These heater banks are isolated (off) during summer months.
All other buildings occupied by the NPA are leased through the DPW. No specific devices have been installed at these buildings due to the fact that these buildings are leased and the duration of the leases does not validate the huge cost involved in installing such devices. Energy saving practices such as the use of energy saving light bulbs and switching off of all electricity consuming devices at night are, however, encouraged.
The NPA has scheduled visits to all regions during the third quarter of 2011 and one of the areas which will receive attention is the creation of more awareness around energy management. Best practices will be introduced and energy saving champions will be appointed to monitor and enforce energy saving procedures.
LEGAL AID SOUTH AFRICA (LASA):
I have been informed that Legal Aid South Africa (LASA) has implemented certain practices on energy saving:
(i) The following practices have been implemented in terms of the carbon footprint programme:
· Environmental Policy:
An environmental policy for the organisation which covers, amongst others, saving on electricity, recycling of paper and smoking guidelines at their buildings, has been developed. This policy is still to be tabled for Board approval within this financial year.
· Electricity saving:
An audit was conducted on the consumption of energy in the LASA buildings and recommendations of the audit report have been implemented. In this regard, there are regular communiqués to all staff reminding them to switch off their plugs and lights when leaving their offices and to practice energy saving practices. LASA is also making use of video and telephone conferencing facilities for some of the Board and management meetings for the purpose of saving fuel costs and reducing CO2 emissions.
· Paper recycling:
LASA has contracted a service provider to collect used paper and all other recyclable products for recycling at their offices. They are also using electronic documents for Board and management meetings as a paper saving measure contributing to the LASA's "greening the environment" project.
· Printers:
LASA is in the process of reducing desktop printers to encourage central printing points with pin codes for all staff. This is being implemented initially at National Office and will thereafter be rolled out to all offices nation-wide.
(ii) The practices, as they are being rolled out in the 2010-11 financial year, are applicable to all LASA buildings, offices and boardrooms.
PARLIAMENTARY QUESTION NO.: 2331
DATE OF QUESTION: 26 AUGUST 2011
2331. Mr M M Swathe (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether (a) his department and (b) any entity reporting to him was approached by a certain political organisation (name furnished) to contribute to its centenary celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) his department and (b) any entity reporting to him has a policy that provide for such funding; if so,
(3) whether (a) his department and (b) any specified entity reporting to him has (i) agreed to the request or (ii) made financial contributions to the said political organisation in the absence of such an approach for funding; if not, why not, in each case; if so, in each case, (aa) who approved the request, (bb) on what grounds was the decision made, (cc) from which budget was it (aaa) agreed to pay the contribution or (bbb) paid, (dd) what amount was paid, (ee) who made the decision to provide the specified funds to the said political organisation and (ff) how is this (aaa) decision and (bbb) amount justified?
NW2707E
Name of political organisation referred to: African National Congress (ANC)
REPLY:- (1)(a) I wish to indicate to the Honourable Member that I have been advised that no such application was ever submitted to or considered by the Office of the Chief Financial Officer in the Department of Justice and Constitutional Development. (1)(b) I have been informed that neither the NPA nor Legal Aid South Africa were approached by the African National Congress (ANC) to contribute to its centenary celebrations nor have they made any financial contribution to the ANC.(2) No policy has been formulated as donations to individuals and entities outside government are governed by the Public Finance Management Act and Treasury Regulations.
(3) Not applicable in the context of the answer in relation to question 1.
PARLIAMENTARY QUESTION NO.: 2228
DATE OF QUESTION: 19 AUGUST 2011
2228. Mr J Selfe (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether (a) he, (b) his deputy minister, (c) any specified officials and (d) any other persons have been issued with a government or official credit card during the period 1 April 2010 up to the latest specified date for which information is available; if so, what are the relevant details for him, his deputy minister and each holder of a credit card in respect of the (i) name, (ii) job title, (iii) credit limit, (iv) outstanding amount as at the latest specified date for which information is available, (v) monthly expenses incurred for each month since receiving the credit card, (vi) reason for such persons being issued with a credit card and (vii) uses that such a credit card is intended for;
(2) whether any such credit cards are over their credit limit; if so, (a) whose credit cards are over the limit and (b) what is the reason for the credit cards exceeding the limit;
(3) whether any action has been taken against such persons for exceeding their credit card limits; if not, why not; if so, what are the relevant details?
NW2603E
REPLY:-(1) I wish to inform the Honourable Member that my Department has issued credit cards to the Deputy Minister, Mr. A C Nel and the Director-General Ms. N Sindane.
(1)(a) None
(1)(b)(i) Mr. A C Nel
(ii) Deputy Minister
(iii) R 25,000
(iv) NIL
(v) April 2010 R3,763.91
May 2010 R 855.00
June 2010 R2,971.00
July 2010 R1,585.00
August 2010 R1,396.35
September 2010 R1,502.00
October 2010 R 710.00
November 2010 R 510.00
December 2010 R4,403.76
January 2011 R 945.00
February 2011 R8,262.20
March 2011 R1,865.50
April 2011 R 795.00
May 2011 R1,052.00
June 2011 R2,600.55
July 2011 R1,238.95
(vi) For official purposes as and when required, such as official meetings with guests and other dignitaries, in South Africa and abroad, as well as the payment of travel, accommodation and related expenditure, the procurement of stationary, literature etc.
(vii) See (vi) above.
(1)(c)(i) Ms. N Sindane.
(ii) Director-General
(iii) R20,000
(iv) NIL
(v) There are no expenses incurred on this card since issued to my Department other than bank charges of R75 per month.
(vi) The card was issued to the Director-General on behalf of the Minister.
(vii) The card was issued to cover the Minister's emergency expenses.
(2) (a) There are no credit cards that are over their limit.
(2) (b) Not applicable.
(3) Not applicable.
PARLIAMENTARY QUESTION NO.: 2208
DATE OF QUESTION: 19 AUGUST 2011
2208. Mr P J C Pretorius (DA) to ask the Minister of Justice and Constitutional Development:
(1) What are the current seniority levels of court managers;
(2) whether he intends raising the level of seniority amongst these officials; if not, why not; if so, (a) why, (b) to what levels will their seniority be raised and (c) when will the new levels become effective?
NW2583E
REPLY:- (1) I wish to inform the Honourable Member that Court Managers at High Courts are on salary level 11 and Court Managers at Lower Courts are on salary level 9. (2) I do not intend raising the level of seniority amongst these officials. (2)(a) The reason for this is that the current levels are based on job evaluation results, which create opportunities for progression and career pathing. (The salary scale had been increased in terms of the revised salary dispensation in the Public Service to provide for 16 notches). (b) Please see (2)(a) above. (c) Please see (2)(a) above.PARLIAMENTARY QUESTION NO.: 2207
DATE OF QUESTION: 19 AUGUST 2011
2207. Mr P J C Pretorius (DA) to ask the Minister of Justice and Constitutional Development:
How (a) much money has been lost to the State as a result of (i) theft and (ii) fraud committed by departmental staff on the JDAS system in each of the past three financial years and (b) how many staff members have been (i) dismissed and (ii) criminally charged for these transgressions in each of the past three financial years?
NW2582E
REPLY:- I wish to inform the Honourable Member that I have been advised as follows:| (a) 2008/09 | (a)(i) My Department lost R 417, 849.35 through theft | (a)(ii) My Department lost R 1, 106, 116.57 through fraud | (b)(i) 6 staff members were dismissed | (d)(ii) 15 staff members were criminally charged | 3 of the 15 staff members were convicted |
| (a) 2009/10 | (a)(i) My Department lost R 468, 581.65 through theft | (a) (ii) My Department lost R 2, 135, 576.83 through fraud | (b)(i) 2 staff members were dismissed | (d)(ii) 9 staff members were criminally charged | 1 of the 9 staff members was convicted |
| (a) 2010/11 | (a)(i) My Department lost R 91, 446.47 through theft | (a)(ii) My Department lost R 87, 987.41 through fraud | (b)(i) 8 staff members were dismissed | (d)(ii) 10 staff members were criminally charged | 1 of the 10 staff members was convicted |
In certain instances where fraud and theft were committed, my Department managed to recover some of the money in question. The total recoveries for the three financial years are as follow:
2008/09: R 187, 239.93
2009/10: R 804, 275.55
2010/11: R 250, 413.11
In cases where officials were criminally charged and not convicted, cases were withdrawn or dockets closed by the South African Police Services, the Directorate of Priority Crimes or the National Prosecuting Authority due to a lack of evidence, cases were closed as undetected or as nolle prosequi.
My Department is taking the implementation of the National Anti-corruption Strategy seriously and the following are some of measures put into practice:
· All alleged fraud, theft and corruption cases reported against the officials are investigated thoroughly;
· The officials who are found to be committing these serious offences are also dealt with through internal disciplinary procedures;
· My Department has an approved fraud prevention plan and it is being implemented in various ways such as training regarding ethics; speedy resolutions around misconduct cases; distribution of learning material and posters; publicising the National Hotline; and recovery of losses and damages as a result of fraud, thefts and corruption; and
· The internal control systems around the management of Third Party Funds are being enhanced through electronic funds transfers; development of manuals and provision of financial training thereof; and the reconciliation of ledger accounts.
PARLIAMENTARY QUESTION NO.: 2165
DATE OF QUESTION: 18 AUGUST 2011
2165. Ms L H Adams (Cope) to ask the Minister of Justice and Constitutional Development:
What (a) are the main reasons for his department's difficulty in reducing the high number of backlog cases and (b) measures does he intend to put in place to reduce the number of backlog cases?
NW2536E
REPLY:-(a) I wish to inform the Honourable Member that it is one of the focus areas of the priorities of Government in terms of the Delivery Agreement of the Justice, Crime Prevention and Security Cluster (Outcome 3) to ensure that we have an effective Criminal Justice System (CJS). Part and parcel hereof are the activities relating to Output 2, which include interventions to improve the efficiency of the CJS and in the process also reduce the number of backlog cases in the CJS. The Cluster has committed itself to achieve the target of reducing the number of backlog cases from the 2008/09 baseline by 10% to 38 414 cases by 2014. Progress is being made in this regard as I will indicate below.
However, it should be borne in mind that the CJS is a continuum that has cross-cutting activities over various departmental spheres. In this regard, the South African Police Services (SAPS), the National Prosecuting Authority (NPA), the Department of Justice and Constitutional Development (DoJ&CD), Social Development, Correctional Services (DCS), Legal Aid South Africa (LASA) (as well as private legal practitioners) and the Judiciary (for both higher and lower courts) all play significant roles in the efficiency of the CJS. Challenges in reducing the number of backlog cases are therefore cross-cutting and require interventions across the CJS continuum. Examples of reasons for the number of backlog cases include the following:
· Aspects such as capacity constraints (a lack of a sufficient number of skilled detectives, court clerks, court managers, interpreters (especially foreign language interpreters), prosecutors, legal aid representatives and presiding officers.
· Another challenge is the poor police investigations in sometimes quite serious cases. This puts a heavy burden on the prosecutors to not only guide the investigation, but often to direct the investigations to ensure that justice is done.
· The NPA challenges include capacity constraints and a lack of experience, skills, accommodation and infrastructure.
· LASA challenges include capacity constraints, as they can only grow in line with the budget and/or funding allocated. The limited number of LASA practitioners impacts on the ability of courts to finalise cases, as most cases involve LASA practitioners.
· The creation and filling of vacant magistrate posts takes long and thus hampers performance in many provinces.
· This is exacerbated by a lack of sufficient accommodation and infrastructure at courts, inhibiting the creation of many new posts.
· The workload of the civil courts, family courts and high courts has also increased substantially, impacting on the capacity required to deal with both civil and criminal matters.
· Integration of ICT systems is still lacking, thus impeding performance management across the cluster continuum.
· It has been agreed that Case Flow Management (CFM) is to be driven by the presiding officers, but in practice this requires commitment from all role players. It has to be acknowledged that there are still co-ordination challenges between the various role players leading to ineffective CFM. This has led to a lack of timeous case ready dockets, lack of trial ready cases, lack of full court time occupancy, time delays in the finalisation of matters and a lack of proper roll planning, and thus in the end to backlogs in the courts.
· Budgetary constraints also impact negatively on improving the situation as speedily as required.
(b) With regard to measures to reduce the number of backlog cases, I wish to inform the Honourable Member that various measures have already been put in place to deal with backlogs on the court rolls. In this regard, the Case Backlog Reduction Project intervention was implemented in November 2006 and is still continuing. The Case Backlog Reduction intervention assists those Regional and District Court centres, which require focused attention, in identified priority areas country-wide. The Project's aim is to ensure that the inflow of the number of new cases is balanced by the number of matters concluded and that matters are finalised more speedily.
There are currently 56 Regional and 22 District backlog courts. These backlog courts have removed 44 129 cases from the regional and district court rolls since 1 November 2006 until the end of July 2011, comprising of 29 452 cases finalised, 13 169 cases withdrawn and 1508 cases transferred.
In addition to the Case Backlog courts established, CFM is also receiving attention. My Department was also part of an integrated CFM Task Team that dealt with the development of a Practical Guide on Court and CFM for Regional and District Courts. Provincial and local CFM meetings are continued to be held and stakeholders engaged on the performance of the courts.
The Chief Justice has instituted a Task Team, led by a Constitutional Court Judge, to help deal with case delays and backlogs. An Access to Justice Conference was recently held with important resolutions from the Judiciary to improve CFM and reduce case delays and backlogs.
Substantial progress has furthermore been made through the implementation of the 7-Point Plan, arising from the CJS Review process, in various areas such as improved coordination across the CJS, improvement of court processes and the development of various protocols aimed at enhancing access to justice services. Examples in this regard include the following:
o A Court Screening Protocol that deals with trial readiness of cases was developed and circulated to all Directors of Public Prosecutions and is, where possible, being implemented in practice. The Protocol was first tested in the Western Cape Regional Courts. Implementation will continue on a selected basis.
o A Court Protocol that specifically deals with efficiencies in the trial phase has been drafted by the Regional Court Presidents Forum and is receiving consideration.
o A Court Protocol for Legal Aid Cases to improve co-ordination between the NPA and Legal Aid SA, has been approved, signed off and circulated for implementation.
o A Mental Observation Protocol is currently being finalised by the Department of Health (DOH), DCS, SAPS, DOJ&CD and the NPA.
o A Protocol on Service Requirements and Procedures for DOH Forensic Chemistry Laboratories has been developed to ensure that samples are collected and transported correctly and speedily for analysis purposes and to ensure improved co-ordination between the relevant JCPS role players. The JCPS Cluster has provided support for additional funding from National Treasury to improve the functioning of the DOH Forensic Services elements relating to addressing the backlogs in blood and toxicology analysis, which impacts negatively on the CJS.
o A Protocol on the facilitation - through pro bono lawyer services - of a revisit of the situation of persons granted bail but who remain in Detention, is receiving attention in conjunction with the DCS, NPA, DOJ&CD, LASA and the Law Society of the Northern Provinces. This protocol ensures that where accused persons have been granted bail by a competent court but remain unable to pay the amount of the bail, the relevant courts should reconsider the amount of the bail or consider setting other appropriate conditions for the release of the accused persons, which do not require the payment of money or consider the release of the accused persons in terms of a guarantee. The JCPS Cluster Directors-General have also approved an initiative to improve bail management through practical measures such as training and the issuing of Directives and Guidelines to assist prosecutors and SAPS members in dealing more effectively with bail.
o Monitoring of the overcrowding of Correctional Facilities is done monthly through the JCPS Cluster and the Remand Detention Task Team, in particular. A focus area is those persons in detention for longer than 24 months. All these cases are prioritised in terms of CFM. A Protocol on dealing with Foreign National Remand Detainees and Persons Detained for Deportation is currently being considered within the JCPS Cluster.
In addition to the above-mentioned measures, alternative dispute resolution mechanisms (ADRM) are also being used to reduce the workload of courts. During 2010, a total of 129 846 cases were finalised by means of ADRM of which a total of 1 887 were finalised by the Regional Courts and 127 959 cases in the District Courts. Alternative dispute resolution encompasses diversion and informal mediation as methods of resolution of disputes between the parties. The focused approach on alternative measures to reduce trial cases has resulted in a 22% increase in the number of cases informally mediated compared to the total of 68 270 cases mediated during the previous financial year.
PARLIAMENTARY QUESTION NO.: 2092
DATE OF QUESTION: 12 AUGUST 2011
2092. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
With reference to his reply to question 1780 on 2 August 2011, (a) why was it necessary to lease a new building for the department, (b) which sections are to be moved to the new building, (c) where (i) is each of these sections currently and (ii) was each of these sections previously located and (d) what is the (i) space and (ii) rental for each month in respect of the premises (aa) currently and (bb) previously occupied by each of the sections?
NW2366E
REPLY:-a) I wish to inform the Honourable Member that my Department required alternative accommodation for the Office of the State Attorney: Pretoria and the Office of the Master of the High Court: Pretoria. My Department also required additional accommodation to accommodate the recent growth in human resources in my National Office structure.
The Office of the State Attorney: Pretoria is currently accommodated in the Manaka Heights Building, (formerly known as the Bothongo Heights Building). The lease expired and the building was bought by a new landlord, who gave my Department notice to vacate the building, as they will be leasing the whole building to a new tenant.
The Office of the Master of the High Court: Pretoria is currently accommodated in the Sanlam Forum Building. This is also a leased building and my Department has received a number of complaints regarding the general maintenance of the building. The Office of the Master of the High Court: Pretoria also required additional accommodation, which could not be made available in the Sanlam Forum Building. There was a need to relocate that Office to a bigger building, with enough space to accommodate the structural growth of that Office.
The departmental National Office structure has also increased significantly. This is reflected by the fact that my Department is currently occupying three different buildings in Pretoria for its National Office component. The current three buildings being leased by the Department could not accommodate the growth, hence the need to lease another building.
(b) The sections that are to move to the new building are the Office of the State Attorney: Pretoria, the Office of the Master of the High Court: Pretoria and a certain section of the National Office component, namely the Ministry, Deputy Ministry, Director-General's Office, Chief Operations Officer's Office and all Deputy Director-Generals' Offices.
(c) The Office of the State Attorney: Pretoria is currently housed in the Manaka Heights Building (formerly known as the Bothongo Heights Building). The Office of the Master of the High Court: Pretoria is currently housed in the Sanlam Forum Building and the National Office components (Ministry, Deputy Ministry, Director-General, Chief Operations Officer and all Deputy Directors-General) are currently housed in the Momentum Centre Building. All three mentioned premises are rented buildings.
(d) The space and rental in relation to the current premises and the new SALU premises are as follows:
| Section | (i)(aa) Current Space Occupied | (ii)(aa) Current Rental per Month, all inclusive | (i)(bb) New Space to be Occupied in SALU | (ii)(bb) New Rental per Month to be paid in SALU, all inclusive |
| National Office Components | 3 916m2 Offices 50 Parking | R218 631 | 7 223 m2 Office 873 m2 Storage 238 Parking | R1 050 776 (increased space and parking) |
| State Attorney: Pretoria | 4 839m2 Offices 388m² Storage 37 Parking | R595 226 | 7 224 m2 Office 310m2 Storage 100 Parking | R931 937 (increased space and parking) |
| Master of the High Court: Pretoria | 7 567m² Offices 3 Parking | R530 208 | 13 335 m2 Office 1192 m2 Storage 30 Parking | R1 679 714 (increased space and parking) |
PARLIAMENTARY QUESTION NO.: 2060
DATE OF QUESTION: 05 AUGUST 2011
2060. Ms L H Adams (Cope) to ask the Minister of Justice and Constitutional Development:
How many vacancies for probation officers currently exist since (a) the Children's Act, Act 38 of 2005, and (b) the Children's Amendment Act, Act 41 of 2007, were enacted on 1 April 2010?
NW2310E
REPLY:- I would like to advise the Honourable Member that the Department of Social Development is responsible for the appointment of probation officers and as such, it is recommended that this question be referred to the Minister of Social Development.