Questions & Replies: Justice & Constitutional Development

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2012-12-31

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Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3439

DATE OF QUESTION: 07 DECEMBER 2012

3439. Ms L. H. Adams (COPE) to ask the Minister of Justice and Constitutional Development:

Whether his Department has instituted any (a) investigation and (b) disciplinary action following allegations that a certain prosecutor (name furnished) accepted a bribe of R1800 to steal a docket; if not, why not, if so, what are the relevant details?

Reply:-

I wish to inform the Honourable Member that yes, investigation and disciplinary action were instituted against the official. Due to the nature of the case and the findings of the disciplinary action the official was dismissed from work with effect from 26 October 2012.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3424

DATE OF QUESTION: 07 DECEMBER 2012

3424. Mr S J F Marais (DA) to ask the Minister of Justice and Constitutional Development:

Whether (a) his department and/or (b) any entity reporting to him sponsored any (i) event and (ii) promotion hosted by The New Age newspaper since its establishment; if so, in each case, (aa) what was the nature of the event or promotion, (bb) on which date was it held, (cc) what amount was paid, (dd) for what purpose, (ee) from which budget were the funds derived, (ff) what were the expected benefits to his department and (gg) what actual benefits were derived from the sponsorship?

Reply:-

I wish to inform the Honourable Member, that my Department's participation during the New Age Morning Live Business Breakfast was organised as part of the strategic communication which encourages constant engagement with stakeholders, media and the public on various policy and legislative developments as well as access to justice programmes.

The purpose of the media engagement was for the Minister of Justice and Constitutional Development to brief stakeholders about the proposed Policy Framework on the Transformation of State Legal Services.

The Policy Framework on the Transformation of State Legal Services is another milestone in the advancement of the transformation goals mandated by the country's Constitution.

The Policy Framework is intended to ensure that legal practitioners in both private and public sectors are adequately skilled, and that the advancement of women into leadership positions in society is accelerated. The legal profession plays a significant role in training and preparing professional persons to advance to important positions within the legal profession including the judiciary.

With its unique cross cutting interactive approach, the New Age/Morning Live Business Breakfast provided a platform for robust and constructive engagement on the Policy Framework.

The funds were derived from the budget of the Directorate: Media Research and Liaison and the benefits expected were as such:

· To brief stakeholders on the Transformation of State Legal Services.

· Broader communication of departmental messaging: vision and mission

· Highlighting of departmental achievements and successes

· Profiling of departmental leadership

· Stakeholder engagement, where the stakeholders were given an opportunity to come voice their opinions, ask questions, raise issues whilst interacting with the departmental leadership.

All the goals that were set out, as mentioned above were realised.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3386

DATE OF QUESTION: 07 DECEMBER 2012

3386. Mr S Esau (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 2011-12 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 printing services provider decided upon and (c) on what date did the specified printing services provider 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 printing services provider, (d) what action was taken and (e) what were the costs?

REPLY:-

(1)(a)(i) I wish to inform the Honourable Member that Department of Justice and Constitutional Development Annual Report 2010/11 – consisted of 358 copies, and printed 358 copies in total.

In addition the following Annual Reports were also printed:

· Guardians' Fund annual Report 2010/11 – printed 208 copies in total

· Criminal Asset Recovery Account (CARA) Annual Report 2010/11 – printed 208 copies in total

· President's Fund Annual Report 2010/11 – printed 208 copies in total

· South African Law Reform Commission Annual Report 2010/11 – printed 200 copies in total

Amount of copies printed:

(1)(b) Department of Justice and Constitutional Development Annual Report 2010/11 – printed a total of 358 copies of this report

Guardians' Fund annual Report 2010/11 – printed a total of 208 copies of this report

Criminal Asset Recovery Account (CARA) Annual Report 2010/11 – printed a total of 208 copies of this report

President's Fund Annual Report 2010/11 – printed a total of 208 copies of this report

South African Law Reform Commission Annual Report 2010/11 –printed a total of 200 copies

Total costs of printing:

(1)(c)(i) Department of Justice and Constitutional Development Annual Report 2010/11

o 8 x digital printed copies at R6 604.19

o 300 x printed copies at R133 380.00

o 50 x printed copies at R42 964.80

Guardian' Fund annual Report 2010/11

o 8 x digital printed copies at R1 420.16

o 200 x printed copies at R29 680.00

Criminal Asset Recovery Account (CARA) Annual Report

2010/11

o 8 x digital printed copies at R507.20

o 200 x printed copies at R14 550.00

President's Fund Annual Report 2010/11

o 8 x digital printed copies at R659.36

o 200 x printed copies at R18 620.00

South African Law Reform Commission Annual Report 2010/11

o 200 x printed copies at R45 946.56

(1)(c)(ii) Department of Justice and Constitutional Development Annual Report 2010/11

o 8 x digital printed copies at R6 604.19 - R825.52 per copy

o 300 x printed copies at R133 380.00 – R 444.60 per copy

o 50 x printed copies at R42 964.80 - R859.30

Guardian' Fund annual Report 2010/11

o 8 x digital printed copies at R1 420.16 - R 177.52 per copy

o 200 x printed copies at R29 680.00 - R 148.40 per copy

Criminal Asset Recovery Account (CARA) Annual Report 2010/11

o 8 x digital printed copies at R507.20 - R63.40 per copy

o 200 x printed copies at R14 550.00 - R72.75 per copy

President's Fund Annual Report 2010/11

o 8 x digital printed copies at R659.36 - R82.42 per copy

o 200 x printed copies at R18 620.00 - R93.1 per copy

South African Law Reform Commission Annual Report 2010/11

o 200 x printed copies at R45 946.56 - R 229.73 per copy

o

Names of the agencies who printed the reports:

(2)(a) Department of Justice and Constitutional Development Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd

o 300 x printed copies – Due East Marketing cc

o 50 x printed copies – Ndabase Printing Solutions

Guardians' Fund annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd

o 200 x printed copies – Legadima Worx cc

Criminal Asset Recovery Account (CARA) Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd

o 200 x printed copies - Legadima Worx cc

President's Fund Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd

o 200 x printed copies - Legadima Worx cc

South African Law Reform Commission Annual Report 2010/11

o 200 x printed copies – Dyason Design & Print (Pty) Ltd

(2)(b) Department of Justice and Constitutional Development Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd.

o 300 x printed copies – Due East Marketing cc.

o 50 x printed copies – Ndabase Printing Solutions.

Guardians' Fund Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd.

o 200 x printed copies – Legadima Worx cc.

o The procurement procedures were applied in terms of the Procurement Policy and Manual of the Department of Justice and Constitutional Development.

Criminal Asset Recovery Account (CARA) Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd.

o 200 x printed copies - Legadima Worx cc.

o The procurement procedures were applied in terms of the Procurement Policy and Manual of the Department of Justice and Constitutional Development

President's Fund Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty).

o 200 x printed copies - Legadima Worx cc.

o The procurement processes were followed in terms of the Procurement Policy and Manual of the Department of Justice and Constitutional Development.

South African Law Reform Commission Annual Report 2010/11

o 200 x printed copies at R45 946.56 – Dyason Design & Print (Pty) Ltd.

o The procurement procedures were followed in terms of the Procurement Policy and Manual of the Department of Justice and Constitutional Development.

(2)(c) Department of Justice and Constitutional Development Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd – 5 September 2011

o 300 x printed copies – Due East Marketing cc – 30 September 2011

o 50 x printed copies – Ndabase Printing Solutions – expect delivery on 21 November 2011

Guardians' Fund annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd – 31 August 2011

o 200 x printed copies – Legadima Worx cc – 19 September 2011

Criminal Asset Recovery Account (CARA) Annual Report

2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd – 31 August 2011

o 200 x printed copies - Legadima Worx cc – 19 September 2011

President's Fund Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd – 31 August 2011

o 200 x printed copies - Legadima Worx cc – 19 September 2011

South African Law Reform Commission Annual Report 2010/11

o 200 x printed copies – Dyason Design & Print (Pty) Ltd – 31 January 2012

(3) Department of Justice and Constitutional Development Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd - Satisfactory

o 300 x printed copies at – Due East Marketing cc - Satisfactory

o 50 x printed copies – Ndabase Printing Solutions – Satisfactory

Guardian' Fund annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd - Satisfactory

o 200 x printed copies – Legadima Worx cc - Satisfactory

Criminal Asset Recovery Account (CARA) Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd - Satisfactory

o 200 x printed copies - Legadima Worx cc - Satisfactory

President's Fund Annual Report 2010/11

o 8 x digital printed copies – Bhubezi Printers (Pty) Ltd - Satisfactory

o 200 x printed copies - Legadima Worx cc - Satisfactory

South African Law Reform Commission Annual Report 2010/11

o 200 x printed copies at R45 946.56 – Dyason Design & Print (Pty) Ltd – Satisfactory

(3) All the reports were delivered satisfactorily.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3360

DATE OF QUESTION: 29 NOVEMBER 2012

3360. Mrs D Schafer (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether, with reference to records that were destroyed in the fire at the Polokwane Magistrate's Court in October 2012, the court has an off-site back-up system for its records: if not, why not; if so, (a) where is the back-up system located and (b) what are the further relevant details;

(2) Whether the records stored in the back-up system have been made available; if not, why not; if so, what are the relevant details.

REPLY:-

I wish to inform the Honourable Member, that Polokwane Magistrate's Court has an off-site back up system for its records. The affected court (including all courts) does indeed have various kinds of offsite back-up storage. The kind of offsite storage depends on the kind of data and the system used. To explain this by way of examples, the Third Party Data (e.g. Maintenance court orders) is stored in the JDAS system servers and the registration of criminal cases is stored in the ICMS system servers. The aforementioned servers, for these administrative systems, which by definition carry court records, are located at the central servers that are not located at the court itself. It is against this background that none of the information that was stored in the systems was lost.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3331

DATE OF QUESTION: 07 DECEMBER 2012

3331. Mrs M. Wenger (DA) to ask the Minister of Justice and Constitutional Development:

1. (a) How many individuals have been convicted of offences related to the illegal (i) killing of rhinos and/or (ii) possession of rhino horns since 1 January 2012 and, in each of these cases, (b) what (aa) were the basic details of the conviction, (bb) was the name of the court in which the matter was heard and (cc) sentences was handed down?

Reply:-

I wish to inform the Honourable Member that the conviction information related to the killing of rhinos and /or possession of rhino horns are not kept by my Department, as the department's case management system does not have such a specific charge. The only charge the department's case management system makes provision for relates to: Nature Conservation: sell dead and protected game-elephant tusk or rhino horns. The Department is currently engaging the Department of Environmental Affairs to provide the details of such cases so that the Department can explore locating and retrieving such information from the Department's Case Management System.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3327

DATE OF QUESTION: 07 DECEMBER 2012

3327. Mrs D. A Schafer (DA) to ask the Minister of Justice and Constitutional Development:

Whether he has received the report on the re-establishment of the Sexual Offences Courts; if not, what is it anticipated that the report will be finalised, if so?

(a) What are the main findings; and

(b) Recommendations of the report?

Reply:-

I wish to inform the Honourable Member that, yes I received the Preliminary Report from the Task Team. In August 2012, the Task Team finalised two studies to investigate the viability or re-establishing Sexual Offences Courts, and submitted a Preliminary Report to my office.

Amongst its findings, the Task Team mainly cautioned against the initiation of the re-establishment of Sexual Offences Courts in South Africa, but highlighted the critical need to conduct further investigations before a conclusive decision is taken in this matter.

In its preliminary recommendations, the Task Team mainly cautioned against the initiation of the re-establishment of the Sexual Offences Courts without having addressed gaps that led to the demise of these courts in the past. It therefore requested more time to conduct further investigations that would lead to the development of a revised model for Sexual Offences Courts. The revised model is expected to be delivered at the end of January 2013.

Currently, the Task Team is finalising the Resource Audit at all the Regional Courts, which will be costed.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3318

3318. Ms. C.K.K. Mosimane (COPE) to ask the Minister of Justice and Constitutional Development:

Whether the National Prosecuting Authority intends to press charges against persons who were involved in criminal activities during the farmworkers' strike in De Doorns; if not, why not; if so, what are the relevant details?

NW4210E

Reply:-

I wish to inform the Honourable Member that the Director of Public Prosecutions in the Western Cape Province will deal with each case according to the merits and the evidence which the police have gathered in the relevant police docket. Prosecutions will proceed to trial where there are reasonable prospects of securing convictions. As in all cases, should representations be received from the accused, complainants or other relevant persons, they will be duly considered in the usual National Prosecuting Authority manner.

Given the profile and seriousness of these cases, the Director of Public Prosecutions, Western Cape, has instituted measures to closely monitor their progress and prioritize their finalization.

The relevant cases received from SAPS, De Doorns that are currently enrolled for further investigations are the following:

· Public violence:

DD 771/12 7 accused, postponed to 9/1/2013

DD 762/12 1 accused, postponed to 14/1/2013

DD 765/12 2 accused, both accused absent- warrants of arrest authorized

DD 772/12 1 accused, postponed to 14/1/2013

DD 758/12 2 accused, postponed to 10/12/2012

DD 759/12 1 accused, postponed to 10/12/2012

DD 781/12 3 accused, postponed to 10/12/2012

· Intimidation:

DD 790/12 1 accused, postponed to 23/1/2013

DD 774/12 1 accused, postponed to 14/1/2013

DD 769/12 1 accused, postponed to 10/12/2012

· Possession of firearm and ammunition without a license:

B1966/12 1 accused, postponed to 18/12/2013

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3316

DATE OF QUESTION: 29 NOVEMBER 2012

3316. Mr L. S. Ngonyama (Cope) to ask the Minister of Justice and Constitutional Development:

1. Whether he has found that the orders for the extradition of certain persons (names furnished) have impacted on the Republic's (a) constitutional provisions and (b) adherence to international conventions in respect of refugees and asylum seekers, in each case; if not, what is the position in this regard; if so, what are relevant details, in each case;

2. Whether the Government has delayed granting the extradition requests of these two persons; if not, what is position in this regard; if so, what are the relevant details?

Reply: Request for the extradition of Mr. Krejcir and Mr Mochebelele

The Department is of the view that the request for the extradition of the individuals concerned does not interfere with the Constitution, the Refugee Act or South Africa's international obligations in terms of refugee conventions.

The Extradition Act and the Refugee Act are two separate legal frameworks of which the provisions are to be interpreted and the powers created therein to be exercised in accordance with the Constitution and South Africa's international obligations in terms of extradition agreements and refugee conventions respectively.

Furthermore, the Refugee Act anticipates the possibility that the South African authorities may receive an extradition request for a person who qualifies for refugee status and the Extradition Act in turn provides for grounds for refusal. The South African authorities have not denied or delayed the request for the extradition of these individuals.

As to the alleged abuse of the Refugee Act, Mr Krejcir has the right to apply for refugee status and to appeal the outcome thereof.

The case law is such that the interests and rights of the person sought are to be considered by the Minister when exercising his discretion in terms of section 11 of the Act. In the Tsebe case, the court was referred to the judgment in Carmichele v Minister of Safety and Security 2001 (10) BCLR 995 (CC) (Carmichele case) regarding the Government's obligation to protect citizens. The court held that the Carmichele case is not necessarily inconsistent with the non-extradition or non-deportation of a person and that the Government's obligation to protect the population requires nothing more than that the Government must put in place reasonable measures to discharge that obligation.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3315

3315. Mrs. J.D. Kilian (COPE) to ask the Minister of Justice and Constitutional Development:

1. Whether he was requested to approve the extension of investigations into alleged irregularities related to the arms procurement programme that would have necessitated visits to certain Swiss banks by investigators from the (a) SA Police Service or (b) the former Directorate for Priority Crime Investigation since 11 May 2009; if not, why not; if so, (i) when and (ii) by whom;

2. Whether he approved the request; if not, why not; if so, what are the relevant details?

NW4203E

Reply:-

I wish to respond to the Honourable Member that my office has not received any request relating to the extension of investigations into alleged irregularities related to the Arms Procurement Programme, described.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3287

3287: Mr N J J van R Koornhof (Cope) to ask the Minister of Justice and Constitutional Development :

Whether any charges have been laid against former President of Madagascar Mr Marc Ravalomanana, in terms of the Implementation of the Rome Statute of the International Criminal Court Act, Act 27 of 2002; if not, what is the position in this regard; if so what are the relevant details?

REPLY:

I wish to inform the Honourable Member, that a Cape Town attorney acting on behalf of a group of Madagascan citizens requested the NPA and Directorate of Priority Crime anvestigation (DPCI) to initiate an investigation primarily on the issue of whether the shooting of a number of Madagascans in that country's capital, constituted a crime against humanity.

After consideration of the material supplied by the attorney and the extraterritorial provisions of the domestic Rome Statute, the DPCI has initiated an investigation under the guidance of the Priority Crime and Litigation Unit. The investigation is in progress and it is not policy to comment on the substance of ongoing investigations due to the fact that the integrity of such investigations would be compromised if this information were to be placed in the public domain.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3267

16 NOVEMBER 2012

3267. Mr D J Stubbe (DA) to ask the Minister of Justice and Constitutional Development:

1. Whether (a) his department or (b) any entity reporting to him, placed any advertisements in The New Age since the inception of the newspaper up until the most recent date for which information is available; if not, in each case, what is the position in this regard; if so, (i) which entity placed the advertisements, (ii) on what date was each advertisement placed, (iii) what was the nature of each advertisement and (iv) what amount was spent on each advertisement;

2. Whether any of these advertisements were placed through the Government Communication and Information System (GCIS); if not, what is the position in this regard; if so, what are the relevant details of the advertisements placed through the GCIS;

3. Whether an independent analysis was conducted by his department prior to placing advertisements to ascertain whether The New Age is read by the intended target market; if not, why not; if so, (a) who conducted the analysis and (b) what were the main (i) findings and (ii) recommendations of said analysis;

4. Whether any independent studies of said advertisements were conducted to ascertain whether they were effective within the relevant target market; if not, why not; if so, (a) who conducted the analysis and (b) what were the main (i) findings and (ii) recommendations of said analysis?

REPLY:

I wish to inform the Honourable Member that my Department and National Prosecuting Authority utilized The New Age to advertise posts.

Department of Justice and Constitutional Development has advertised posts

through The New Age for the below-mentioned purposes:

Justice

Amount

Date

Recruitment advert 2

R 146 906.78

11/05/2012

The National Register for Sex Offenders

R 380 000.00

27/08/2012

TOTAL FOR JUSTICE

R 526 906.78

Kindly note that media buying was done through GCIS in compliance with the Cabinet Memorandum No. 1 of 2011 which was adopted on 8 June 2011.

The GCIS is responsible for consulting and advising the department which publications are to be used. The GCIS is also responsible for consulting and advising the department which publications are to be used. No analysis was done by the Department of Justice and Constitutional Development. The New Age was recommended as a suitable publication for government departments to use in conjunction with other mainstream and community media, particularly in support of provincial and local outreach initiatives.

NATIONAL PROSECUTING AUTHORITY

Regarding the NPA, the following table shows the breakdown of advertising cost, date and type of advertisements:

NPA ADVERTISEMENT

AMOUNT

DATE

1. Database registration

R 53 694.00

15/03/2012

2. Media monitoring tender

R 75 171.60

19/01/2012

3. Recruitment campaign(multiple

campaigns)

R 190 380.00

8/09/2011

4. Recruitment campaign(multiple

Campaigns)

R190 830.00

24/01/2012

5. Recruitment-CEO

R 77 319.36

09/03/2012

TOTAL FOR NPA

R 587 394. 96

Details relating to advertising placed in the TNA through GCIS are attached (refer to above table). Kindly note that GCIS conducts regular media sampling through its provincial offices, and complements this with verification of print orders and audited circulation data where available.

GCIS verified The New Age market entry deliverables as follows:

· 100 - 120 000 published copies per day

· 24 - 32 pages daily

· Editorial content drawn from all 9 provinces, distributed through 3 print regions

· Electronic editions available through e-paper, iPad app, FaceBook, Twitter, and the online edition

Also in the NPA environment, independent studies of advertisements are conducted to test the efficacy of advertising messages post campaign, due to the prohibitive cost of establishing an ongoing national research panel, which is sufficiently sensitive to provide feedback by publication. Where appropriate, response mechanisms are included into the copy, and normative measures such as attendance at departmental events, response to advertising messages (visits to website, call centre interactions, vendor and job applications received) are assessed.

The SIU has never placed any advertisement in the New Age Newspaper.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3240

3240. Mr G R Morgan (DA) to ask the Minister of Justice and Constitutional Development:

(1) With reference to the case of Thai national Chumlong Lemthongthai (details furnished), why were charges against each of the co-accused withdrawn;

(2) Whether the National Prosecuting Authority intends to reinstate any charges against the co-accused; if not, why not; if so, (a) when and (b) what are the further relevant details;

(3) Whether any further charges are contingent on new criminal cases to be opened with the SA Police Service; if not, why not; if so, what are the relevant details?

REPLY:

I wish to inform the Honourable Member that, because of jurisdiction and for centralisation of all related rhino matters, only SARS charges were proceeded with. The NPA instructed the Investigation Officer (IO) to obtain Warrants of arrest for Chumlong and Steyl to appear in Vryburg court on 5 December 2012. A warrant will also be obtained for Punpitak but he has already left RSA on 10 November 2012, the NPA does not know how this happened as SAPS still has his passport. Attempts to complete a draft charge sheet are being done.

No new case dockets will be opened with SAPS but incidents mentioned in the current case docket that have not been investigated fully will be attended to as well.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3239

3239. Mr G R Morgan (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether any staff who are currently employed by the SA National Defence Force were implicated in the findings of the commission established by President Mandela in 1994 (details furnished) into allegations of covert and illicit handling and disposal of (a) ivory and (b) rhino horn by the former SA Defence Force; if not, in each case, how was this conclusion reached; if so, what are the relevant details in each case;

(2) whether any action was taken against any of the specified persons; if not, why not; if so, what (a) action and (b) are the further relevant details;

(3) whether he has found that any (a) ivory and (b) rhino horn is in the possession of the SA National Defence Force at present; if not, in each case, how was this conclusion reached; if so, what are the relevant details in each case?

REPLY:

I wish to request the Honourable Member to kindly direct this question to the Minister of Defence and Military Veterans as it directly relates to information about personnel who are currently in the employ of the SANDF, as well as details relating to ivory and rhino horns currently in the possession of the SANDF.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3182

DATE OF QUESTION: 09 NOVEMBER 2012

3182, Mr. J.J van der Linde (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department is currently subscribed to The New Age (TNA) Newspaper; if so (a) how many subscriptions does his department have, (b) when was each subscription initiated, (c) what has been the annual subscription fee for each specified subscription since it was initiated and (d) what is the exact purpose of each subscription;

(2) Whether a discount was negotiated for any of the specified subscriptions; if so, (a) for which specified subscriptions and (b) what discount in each case;

(3) Whether his department has mass-purchased the TNA on ad hoc basis since the inception of the Newspaper; if so, (a) on what dates, (b) how many copies in each case and (c) why were the papers purchased in each case;

(4) Whether (a) the publishers of the TNA and (b) any other entity donated copies of the paper to (i) his department and (ii) any entity reporting to him; if so, in each case (aa) which entity donated the papers, (bb) to which entity were they donated and (cc) how many copies were donated?

(NW 4022E)

REPLY:-

(1) I wish to respond to the Honourable Member, that yes, my Department is currently subscribed to The New Age Newspaper through the newspaper distributor called, F & J Distributors. There are nine (9) subscriptions from F & J Distributors and Ngwane Suscriptions and Books, for the Minister, Deputy Minister, Communication officers and the unit: Truth and Reconciliation Commission. The annual cost per subscription is R767.54. The subscription was initiated at the beginning of the financial year, 1st April 2012, for annual fees of R767.54 per subscription. The main purpose of the subscription is to monitor the coverage of justice services related issues in the media for rapid response.

(2) No discount was negotiated

(3) No mass purchase has been done since the inception of newspaper.

(4) The Department has never received any donation of copies from TNA or any other related entity.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3130

DATE OF QUESTION: 09 NOVEMBER 2012

3130, Ms. L. H. Adams (COPE) to ask the Minister of Justice and Constitutional Development:

Whether he intends to table legislation to ensure that commissions of inquiry are funded from his department's operational budget; if not, why not; if so, what are the relevant details?

REPLY:-

I wish to inform the Honourable Member that Section 1(b)(iv) of the Commission Act, 1947 (Act 8 of 1947), provides that regulations may be made that provide generally for all matters which are considered to be necessary or expedient to prescribe for the purposes of an investigation by a Commission. Section 3(4) of the Commissions Act, 1947, in addition, provides that any person who has been summoned to attend any sitting of a Commission as a witness is entitled to the same witness fees from public funds, as if that person had been summoned to give evidence at a criminal trial in a High Court. These provisions are adequate to provide for the funding of Commissions of Inquiry and have been applied without challenges over the years. Please note that the accounting officer will approach National Treasury for funding for specific commissions if the expenditure cannot be defrayed from the appropriated departmental baseline.

Reply received: December 2012

PARLIAMENTARY QUESTION NO.: 3114

DATE OF QUESTION: 09 NOVEMBER 2012

3114, Mr. S. Z. Ntapane (UDM) to ask the Minister of Justice and Constitutional Development:

Whether his department has taken any steps to correct the remuneration difference between acting magistrates and magistrates as ordered by the North Gauteng High Court in respect of a certain case(details furnished); if not, why not; if so, (a) what steps,(b) when and (c) what are the further relevant details?

REPLY:-

I wish to inform the Honourable Member that my Department has filed an application for leave to appeal the decision of the North Gauteng High Court in the matter of Derick Van Wyk v Minister of Justice and Constitutional Development and others, which leave was granted. The appeal has been set down for 11 September 2013 before the full bench of three (3) judges in the North Gauteng High Court.

I may mention at this particular point that the difference in the remuneration payable to magistrates in the permanent employment of the state and acting magistrates, lies in the service benefits. It has been our view that the legislative framework empowers the President to determine different service benefits relating to pension, medical and motor vehicle allowances. The Department will abide by the decision of the Supreme Court of Appeal once it has ruled on the matter.

Reply received: November 2012

PARLIAMENTARY QUESTION NO.: 2822

DATE OF QUESTION: 12 October 2012

2822. MR. D J Maynier, MP (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department employed a certain person (name furnished) to (a) investigate and/or (b) provide a legal opinion on the procurement of VIP aircraft; if not, why not, in each case; if so, (i) what was the (aa) terms of reference of the investigation and/or (bb) legal opinion, (ii) what was the title of the (aa) investigation report and/or (bb) legal opinion, (iii) on what date was the (aa) investigation reported and/or (bb) legal opinion received and (iv) what were the findings of the (aa) investigation and/or legal opinion?

NW3478E

REPLY:-

1. I wish to inform the Honourable Member, that, my department does not have records of the procurement of any services relating to a legal opinion or an investigation of the procurement of VIP aircraft, awarded to Judge Willem Heath.

Reply received: November 2012

PARLIAMENTARY QUESTION NO.: 2795

DATE OF QUESTION: 12 October 2012

2795. Mr. DJ Maynier (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether the National Conventional Arms Control Committee (NCACC) authorized any conveyance permits (a) in (i) 2009, (ii) 2010 and (iii) 2011 and(b) since 1 January 2012; if not, in each specified year, why not; if so, how many permits were issued in each specified year

(2) in respect of each specified conveyance permit in each specified year, what was the (a) name of the exporting state, (b) name of the importing state. (c) category, (d) type, (e) quantity and (f) value of the conventional arms conveyed through or over the territory of the Republic of South Africa, its territorial waters or airspace?

NW3447E

Reply:

1. I wish to inform the Honourable Member that, as from 2002 to April 2012, the disclosure of National Conventional Arms Control Committee (NCACC) information was governed by the National Conventional Arms Control Act, 41 of 2002. Section 23 of the said Act provides that Reports of the NCACC must set out inter alia, the names of the importing states and the type, quantity and value of export related transfers. In April 2012 the NCAC Amendment Act (Act 73 of 2008) came into force. This Act calls for Reports to cover all transfers of controlled items.

2. The above request is understood to be looking for conveyance permit information of the time when only export information could be provided.

Reply received: November 2012

NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO.: 2731

DATE OF QUESTION: 12 October 2012

2731. Ms L H Adams (Cope) to ask the Minister of Justice and Constitutional Development:

What is the current vacancy rate of prosecutors? NW3345E

REPLY:

I wish to respond to the Honourable Member that, the current vacancy rate of the Prosecutors has been provided in the table below. The table depicts both the prosecutor vacancy rate, and overall NPA vacancy rate:

PROSECUTORS ESTABLISHMENT

Vacancy rate on Persal

Vacancy rate on the blueprint

Total Number of Prosecutors

3033

Total Number of Prosecutors

3429

Filled posts

3022

Filled posts

3033

Vacant posts

11

Vacant posts

396

Vacancy rate

0.36%

Vacancy rate

11.54%

OVERALL NPA ESTABLISHMENT

Overall on Persal

Overall on Blueprint

Total Number of posts

4505

Total Number of posts

5169

Filled posts

4480

Filled posts

4418

Vacant posts

25

Vacant posts

751

Vacancy rate

0.55

Vacancy

14.52%

Reply received: October 2012

PARLIAMENTARY QUESTION NO.: 2706

DATE OF QUESTION: 21 SEPTEMBER 2012

2706. MR. N D du Toit, MP (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department has awarded any contracts to a certain company (name furnished) since its establishment in 1996; if so, in each case, (a) when was the contract awarded and (b) what was the (i) nature of the contract and (ii) total accumulative value of the tender?

REPLY:-

1. I wish to inform the Honourable Member, that, my department has never awarded any contract to 'Kopano Ke Matla Company (PTY) Ltd. The company name does not appear or registered in the departmental database.

Reply received: October 2012

PARLIAMENTARY QUESTION NO.: 2629

Ms. CKK Mosimane, MP (COPE) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department has implemented the Promotion of Administrative Justice Act, Act 3 of 2000, if not, why not, if so, what are the (a) relevant details with regard to (i) public inquiries, (ii) notice and comment procedure, (iii) notice of administrative action and rights and (iv) requests for reasons and (b) further relevant details?

REPLY

Yes, My department has implemented the Promotion of Administrative Justice Act, 2000 (PAJA).

As the Honourable Member would know, PAJA must be implemented by all organs of state, including natural and juristic persons when exercising or preforming a public function in terms of an empowering provision. Section 1 of PAJA defines administrative action as a decision that is of an administrative nature made in terms of an empowering provision; which is not specifically excluded by PAJA; made by an organ of state; that adversely affects rights; and having "direct external legal effect". Given the nature of the PAJA and its legal requirements, my Department takes administrative decision on a daily basis within various Branches of the Department at National Office and within the nine regional offices.

My department does not keep a central registry of each and every administrative decisions made due to the sheer size and volume of information in this regard. Further more, PAJA does not require for such a registry to be kept, hence administrative decisions made are dealt with on a cases to case basis.

Reply received: October 2012

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO.: 2631

DATE OF QUESTION: 21 SEPTEMBER 2012

2631. MR. L S Ngonyama, MP (COPE) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department intends to take any action against a certain company (name furnished) for violating the United Nations Security Council embargoes (details furnished); if not, why not; if so, what are the relevant details

REPLY:-

1. I want to inform the Honourable Member, that, the relevant Law Enforcement agencies are currently investigating the conduct of the relevant company. Once the investigation has been completed, it will be submitted to the NPA to make a decision.

Reply received: November 2012

QUESTION 2591

2591. Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:

Whether the National Conventional Arms Control Committee (NCACC) authorised the export of any conventional arms to Rwanda in 2012; if not, in each specified case, what is the position in this regard; if so, in each specified case, what was the (a) category, (b) type, (c) quantity, (d) total value and (e) date of (i) authorisation and (ii) export of conventional arms;

Whether he has been informed of the United Nations Group of Experts on the Democratic Republic of the Congo's concerns that conventional arms may be flowing from Rwanda to the Democratic Republic of the Congo; if not, what is the position in this regard; if so, what are the relevant details;

Whether, in the light of the concerns of the United Nations Group of Experts on the Democratic Republic of the Congo, he has placed any further exports of conventional arms to Rwanda on hold; if not, why not; if so, what are the relevant details?

REPLY:

As provided in the NCACC 2012 Quarterly Report, the NCACC authorized the exportation export of Category A equipment (RG31 APC Vehicles and Spares) to Rwanda during June 2012.

The NCACC is aware of the United Nations Group of Governmental Experts report and its conclusions on Rwanda. As a government agency responsible for the regulation of transfer of conventional arms in South Africa, the NCACC takes note of security developments in that region of Africa. When called upon to decide on an application for arms transfer to that region, the NCACC takes into account all pertinent security developments in that region.

Reply received: October 2012

QUESTION 2591

Mr D J (DA) Maynier to ask the Minister of Justice and Constitutional Development:

Whether the Inspectorate of the National Conventional Arms Control Committee (NCACC) has conducted any investigations to ensure that trade in conventional arms was conducted in compliance with the (a) law and/or (b) internal regulatory processes in (i) 2009, (ii) 2010, (iii) 2011 and (iv) 2012; if not, in respect of each specified investigation in each specified year, why not; if so, in respect of each specified investigation in each specified year, what are the relevant details?

REPLY:

The Inspectorate conducts continuous, scheduled and un-scheduled Compliance Verification Inspections and Investigations on registered companies. Through these inspections and investigations, it may find that unregistered companies are involved in conventional arms trade which will result in criminal charges brought against such companies.

Through the departmental review process of all permit types, as well as through Compliance Verification Inspections and Investigations on companies and the scrutiny of submissions made to the NCACC, the Inspectorate ensures that all role-player Departments comply with the NCACC's regulatory processes.

The above was continuously done throughout 2009 to date.

All findings relating to administrative non-compliance identified through Compliance Verification Inspections and Investigations were duly reported to the NCACC and recommendations made to each individual company on rectifying such administrative non-compliance. Administrative non-compliance mainly included poor record keeping, late requests for permit extensions, non / late return of Customs certified documentation, late reporting / rectification of short-shipments, no / late notification by companies on changes of freight forwarders or ports of entry / exit, incorrect references to permit numbers by companies, no / late confirmation of exports on computerised system, incorrect permit status on computerised system etc.

All findings relating to non-compliance in terms of the National Conventional Arms Control Act, 41 of 2002 were duly reported to the NCACC and handed over to the SAPS for further investigation and a decision by the NPA on possible prosecution. All cases reported were handed over to the SAPS for further investigations, which includes more items exported / imported than what permission was granted for, items imported / exported on a temporary basis not returned within the prescribed period, items imported / exported without duly authorised permits, trading in conventional arms without being registered and in possession of a duly authorised permit. However, no detailed information can be provided as all cases reported are sub judice. It can be confirmed that the cases against Imperial Armour and New Generation Ammunition has been concluded. Imperial Armour plead guilty and paid a fine to the value of R250 000-00 while NGA has been liquidated and no transgressions found as confirmed by the United Nations.

Reply received: October 2012

QUESTION 2573

Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:

With reference to the 2012 National Conventional Arms Control Committee's (NCACC) Second Quarterly Report, what were the (a) type, (b) quantity and (c) date of export of the conventional arms to Zimbabwe;

Whether the NCACC had consulted any departments about the decision to export conventional arms to Zimbabwe; if not, why not; if so, in each specified case, which departments (a) were consulted and (b)(i) supported the authorisation, (ii) opposed the authorisation and (iii) did not reply;

Whether the NCACC had taken the human rights standards contained in section 15(c) and (k) of the National Conventional Arms Control Act, Act 41 of 2002, into account before authorising the export of the conventional arms to Zimbabwe; if not, why not; if so, what are the relevant details in each specified case?

REPLY:

As provided in the NCACC 2012 Quarterly Report, the NCACC authorized the exportation parachute equipment (Category C) to the Zimbabwean Ministry of Defence during April 2012.

As matter of general practice, any exportation of any controlled item to any country is authorized after the NCACC has considered the provisions of Section 15 of the National Conventional Arms Control Act (Act 41 of 2002) as amended.

Before an export permit is issued, an export application with its attached EUC is reviewed by the arms transfer review departments which include the Department of Defence, Department of International Relations and Co-operation, the Department of Trade and Industry, SAPS, State Security Agency and the Conventional Arms Inspectorate. If no concern or objection is raised, an export permit is issued.

The exportation of the specific controlled to Zimbabwe was conducted in line with the practice indicated above.

Reply received: October 2012

QUESTION 2572

Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:

Whether the Inspectorate of the National Conventional Arms Control Committee (NCACC) has conducted any investigations to ensure that trade in conventional arms was conducted in compliance with the (a) law and/or (b) internal regulatory processes in (i) 2009, (ii) 2010, (iii) 2011 and (iv) 2012; if not, in respect of each specified investigation in each specified year, why not; if so, in respect of each specified investigation in each specified year, what are the relevant details?

REPLY:

The Inspectorate conducts continuous, scheduled and un-scheduled Compliance Verification Inspections and Investigations on registered companies. Through these inspections and investigations, it may find that unregistered companies are involved in conventional arms trade which will result in criminal charges brought against such companies.

Through the departmental review process of all permit types, as well as through Compliance Verification Inspections and Investigations on companies and the scrutiny of submissions made to the NCACC, the Inspectorate ensures that all role-player Departments comply with the NCACC's regulatory processes.

The above was continuously done throughout 2009 to date.

All findings relating to administrative non-compliance identified through Compliance Verification Inspections and Investigations were duly reported to the NCACC and recommendations made to each individual company on rectifying such administrative non-compliance. Administrative non-compliance mainly included poor record keeping, late requests for permit extensions, non / late return of Customs certified documentation, late reporting / rectification of short-shipments, no / late notification by companies on changes of freight forwarders or ports of entry / exit, incorrect references to permit numbers by companies, no / late confirmation of exports on computerised system, incorrect permit status on computerised system etc.

All findings relating to non-compliance in terms of the National Conventional Arms Control Act, 41 of 2002 were duly reported to the NCACC and handed over to the SAPS for further investigation and a decision by the NPA on possible prosecution. All cases reported were handed over to the SAPS for further investigations, which includes more items exported / imported than what permission was granted for, items imported / exported on a temporary basis not returned within the prescribed period, items imported / exported without duly authorised permits, trading in conventional arms without being registered and in possession of a duly authorised permit. However, no detailed information can be provided as all cases reported are sub judice. It can be confirmed that the cases against Imperial Armour and New Generation Ammunition has been concluded. Imperial Armour plead guilty and paid a fine to the value of R250 000-00 while NGA has been liquidated and no transgressions found as confirmed by the United Nations.

Reply received: October 2012

PARLIAMENTARY QUESTION NO.: 2543

DATE OF QUESTION: 14 SEPTEMBER 2012

2543. Mrs H Lamoela (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether any specific training has been given to (a) clerks of the court, (b) registrars, (c) magistrates, (d) judges and (e) prosecutors with regard to the Child Protection Register (CPR) as contemplated in the Children's Act, Act 38 of 2005; if not, why not; if so, (i) on what dates was training given in each instance and (ii) how many persons attended the session;

(2) whether any procedural or other codes exist with regard to the implementation of the CPR; if not, why not; if so, (a) when will copies of all codes, including dates of issue, be provided and (b) what are the reasons for the codes not being implemented?

NW3149E

REPLY:- (1) Yes. I wish to inform the Honourable Member that since 2008, the Department of Justice and Constitutional Development has been training its officials on the Children's Act. The curriculum of this course includes training on the Child Protection Register. Please refer to Annexure A, which provides responses to questions (a), (b), (c), (e), as well as (i) and (ii), as received from Justice College. Relating to the training of (d) Judges, this falls under the responsibility of the South African Judicial Education Institute.

(2) Yes. In October 2011, my Department issued a "Guide to Submission of Forms to the Child Protection Register" to assist court clerks when submitting to the Child Protection Registrar the prescribed Forms 25, 28 and 29, as required by Regulations.

(2)(a) As indicated above, the Guidelines were circulated to all Children's Courts in October 2011. A copy thereof is attached hereto as Annexure B.

(2)(b) The Guidelines were implemented with effect from October 2011, and since then there has been a notable improvement in the rate of submission of cases to the Child Protection Registrar by the clerks of the Children's Courts. For instance, in the last quarter of 2011/2012 submissions of Forms 25 and 28 increased from 21 to 90.

Reply received: October 2012

PARLIAMENTARY QUESTION NO.: 2512

DATE OF QUESTION: 07 SEPTEMBER 2012

2512. Ms A M Dreyer (DA) to ask the Minister of Justice and Constitutional Development:

Whether the National Prosecuting Authority has made a decision with regard to the prosecution of a certain person (name furnished); if not, (a) why not and (b) when does he anticipate that a decision will be made; if so, what are the relevant details?

NW3119E

Name of Person referred to: Yolanda Botha, MP

REPLY:-

I wish to inform the Honourable Member that I have been advised that the docket was submitted to the office of the Director of Public Prosecutions, Northern Cape on 31 July 2012. On 01 August 2012, the case allocation was done. However, the prosecutor that is dealing with this case has not made a decision yet because the docket consists of 15 lever arch files containing over 3000 pages including bank statements, bid documents, service level agreements, lease contracts and affidavits of witnesses.

The matter is receiving the attention it deserves and a decision will be made in due course.