Questions & Replies: Justice & Constitutional Development
2012-09-30
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Reply received: October 2012
PARLIAMENTARY QUESTION NO.: 2491
DATE OF QUESTION: 07 SEPTEMBER 2012
2491. Mrs S V Kalyan (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether (a) his Ministry, (b) his department and (c) any entity reporting to him plan to host end-of-year parties; if not, in each case, what is the position in this regard; if so, in each case, (i) for how many persons and (ii) at what cost;
(2) whether the cost of the specified end-of-year parties has been budgeted for in the current financial year; if not, from where will the funding be sourced; if so, (a) what amount has been budgeted and (b) from which part of the budget will it be incurred?
NW3097E
REPLY:-(1) (a&b) I wish to inform the Honorable Member that neither my office nor my Department plan to host any end-of-year parties at State expense. If any functions are held, it will be funded by staff members themselves.
(1) (c)
Legal Aid South Africa
I have been informed that Legal Aid SA has planned to host end-of-year parties. (i) The end-of-year parties are for about 2,600 employees (ii) at a cost of
R325,000.00.
(2) Yes, the end-of-year parties are budgeted for in this current financial year.
(a)An amount of R325 000.00 is budgeted. (b) The amount will be incurred from the Workshops budget line.
The National Prosecuting Authority (NPA):
I have been informed that due to severe budget constraints facing the NPA and the current economic environment of the country in general, the NPA did not budget for nor plan to host any end-of-year parties during the 2012/13 financial year. The utilization of external venues, facilities and catering is subject to the approval of the Chief Executive Official and such approval may be granted only in exceptional circumstances due to the implementation of cost saving measures within the organization.
The Special Investigating Unit (SIU):
(1) Yes, the SIU has planned to host an end-of-year function. (i) The function is for about 500 employees, both permanent and contractors (ii) at a cost of R50,000.00.
(2) Yes, the end-of-year parties are budgeted for in this current financial year.
(a) An amount of R50,000.00 is budgeted and (b) the amount will be incurred from the staff functions budget.
Reply received: October 2012
PARLIAMENTARY QUESTION NO.: 2475
DATE OF QUESTION: 07 SEPTEMBER 2012
2475. Mr G R Morgan (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether, with reference to his reply to question (a) 887 on 15 May 2012 and (b) 100 on 6 March 2012, the prosecutor has now concluded the review of the documents and dockets; if not, why not; if so, what are the relevant details;
(2) whether his department has taken any action to rectify the situation; if not, why not; if so, what are the relevant details?
NW3078E
REPLY:- I wish to inform the Honourable Member that the matter is still under consideration and therefore a decision has not yet been taken.Reply received: October 2012
PARLIAMENTARY QUESTION NO.: 2452
DATE OF QUESTION: 07 SEPTEMBER 2012
2452. Mr. D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether the Commission of Inquiry into Allegations of Fraud, Corruption, Impropriety or Irregularity into the Strategic Defence Procurement Package produced any interim reports; if not, why not; if so, in respect of each specified interim report, (a) who received the report, (b) what is the title of the report and (c) on what date was the report issued;
(2) What (a) is the total expenditure and (b) breakdown of such expenditure up to the latest specified date for which information is available?
NW3052E
REPLY:-(1) I wish to respond to the Honourable Member, that, no, neither I nor the Department has received any interim reports into Allegations of Fraud, Corruption Impropriety or irregularity into the Strategic Defence Procurement Package. The Office of the Minister does not have the mandate to receive any interim reports. The final report of the Commission will be submitted to me and the President after the Commission has finalized its work.
(2) (a) The total expenditure is R3, 260,576.60
(b) The budget breakdown is as follows:
-Compensation of employees is R2, 478,240.32
-Goods and Services is R625,097.39
-Machinery and Equipment is R157, 238. 99
Reply received: October 2012
PARLIAMENTARY QUESTION NO.: 2442
DATE OF QUESTION: 07 SEPTEMBER 2012
2442. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:
(1) On what date was the lease agreement for the SALU building signed;
(2) whether his department has completely moved in; if not, why not; if so, when;
(3) whether the entire building is now occupied by his department; if not, (a) why not and (b) which other (i) persons, (ii) institutions and (iii) departments also occupy this building; if so, what are the relevant details?
NW3042E
REPLY:-(1) I wish to inform the Honourable Member that the lease agreement for the SALU Building was signed on 17 September 2009 by the Department of Public Works (Lessee) and on 22 September 2009 by Phomella Property Investments (Pty) Ltd (Lessor). There is an addendum to the lease agreement which was signed by the lessee / tenant on 10 November 2009 and the lessor / landlord on 20 November 2009.
(2) Yes, my Department has moved in completely. The Office of the Master of the High Court and the Office of the State Attorney respectively took occupation during November / December 2011 and the Ministry and Top Management respectively took occupation during March / April 2012.
(3) Yes, the entire building is occupied by my Department, except for an office on the ground floor for the landlord's building manager.
Reply received: October 2012
PARLIAMENTARY QUESTION NO.: 2304
DATE OF QUESTION: 24 AUGUST 2012
2304. Mr J R B Lorimer (DA) to ask the Minister of Justice and Constitutional Development:
(a) What steps has he taken to give effect to the performance agreement that he signed with the President in 2010, (b) what outcomes have been measured and (c) what follow-up steps has he taken with regard to each specified outcome?
NW2888E
REPLY:-I wish to inform the Honourable Member, as was also publicly stated in the Justice, Crime Prevention and Security (JCPS) Media Statement of 19 February this year, that we, as the JCPS Cluster, are resolute to deliver on our agreed commitment to ensure that all people in South Africa are and feel safe (Outcome 3). In this regard, a number of strategic and tactical interventions, aimed at improving the state of public safety in our country, were developed under 8 Outputs. Progress has been consistently positive in this regard and the following highlights can be noted:
OUTPUT 1: REDUCE OVERALL LEVELS OF SERIOUS CRIMES AND IN PARTICULAR CONTACT CRIME
Key activities which have received the Cluster's attention through strengthened coordination and regular monitoring, include the following:
· Improved coordinated intelligence on crime;
· Increased visible policing/patrolling in identified hotspots;
· Increased crime prevention actions;
· Reduced proliferation of illegal and legal firearms;
· Aligned and integrated strategies and approaches to apprehend and charge known perpetrators;
· Decreased incidents of persons escaping from custody;
· Strengthened management of bail processes and implementation of legislation relating to remand detainees;
· Improved forensic services and fingerprint management with coordinated and integrated ICT utilisation;
· Implemented social crime prevention programmes; and
· Operationalised transformed Community Safety Forums.
As a result of these activities overall serious crime has been reduced between the first quarter of 2011/12 and the first quarter of 2012/13.
OUTPUT 2: AN EFFECTIVE CRIMINAL JUSTICE SYSTEM (CJS)
Key activities which have been implemented in this regard are, amongst others:
· Improved investigation capacity and court efficiency (including skill development of crime scene detectives, general detectives and prosecutors);
· Strengthened management and timely provision of forensic and fingerprint services;
· Secured detention of high risk and violent offenders in the Department of Correctional Services (DCS) and South African Police Service (SAPS) facilities;
· Continuous progress in the implementation of the Criminal Justice System Review's 7- point plan;
· Implementation of integrated case flow management in all courts, led by the judiciary;
· Expanded Case Backlog Reduction Interventions with additional Regional and District Backlog Courts, and specific interventions in relation to very long outstanding remand detainee cases;
· Increased promotion and use of Alternative Dispute Resolution Mechanisms (ADRM) (such as diversion), including restorative justice approaches;
· Increased support to parole and ex-offender programmes, the testing of electronic monitoring systems for parolees, extended offender involvement in social infrastructure projects and rehabilitation interventions, and enhanced social re-integration, including improved visitation to inmates;
· Development of Correctional Sentence Plans for all sentenced offenders;
· Provision of additional Secure Care Facilities for children awaiting trial;
· Development and implementation of a Unique Person Identifier across the Cluster by end 2013/14;
· Development and implementation of Case Management System Integration across the Criminal Justice System by end 2012/13;
· Development and implementation of a Transversal ICT Hub and exchange of KPI and Business Intelligence information for statistical and management purposes by end 2012/13;
· Development and implementation of a Criminal Justice System Person Management and related ICT integration systems, as well as integration with the Home Affairs National Identification System (HANIS) and integration of Child Protection and Sexual Offences Registers by end 2013/14.
As a result of these activities, the detection rate for contact and trio crime increased between the first quarter of 2011/12 and the first quarter of 2012/13; and trial ready case dockets for all serious crime increased.
All the courts have excelled during the first quarter of 2012/13 and finalised on average 9% more cases than during the first quarter of the previous year. The targets relating to the reduction in the number of case backlogs were also surpassed. The creation of more permanent courts as a more sustainable option and improved case flow management are currently receiving attention. All the courts finalised on average 36.0% more cases through ADRM than during the first quarter of 2011/12.
The upgrading of six remand detention facilities and the establishment of five additional remand facilities are receiving attention. There has been increased numbers of victims participating in parole hearings and 253 victims participated in parole hearings during the quarter.
With regard to ICT integration, the main focus for the first quarter of this financial year was on the roll-out of the case integration solution between my Department, ICMS and the SAPS CAS systems, through the IJS Transversal Hub. This entails the electronic transmission of docket information from SAPS to my Department and the transmission of case outcomes back to SAPS. The roll-out of the system to 20 courts, which can download docket information electronically from 99 SAPS police stations, to which the capability has been rolled out, has been implemented. Training, change management and the activation of user security profile activities are complete in the Western Cape, Gauteng and KwaZulu-Natal and the users already have access to the system and the business benefits are also beginning to show. During July and August 2012, the monitoring and evaluation of the system will be conducted, consisting of system usage, performance and data transaction monitoring. Legal aid notifications sent electronically from the SAPS to Legal Aid South Africa, were also successfully implemented.
OUTPUT 3: CORRUPTION WITHIN THE JCPS CLUSTER COMBATED TO ENHANCE ITS EFFECTIVENESS AND ITS ABILITY TO SERVE AS A DETERRENT AGAINST CRIME
Key activities which have been prioritised within the JCPS Cluster include the following:
· Initiating investigation, gathering and analysis of evidence of corruption related incidents;
· Implementation of effective and efficient joint case planning between the National Prosecuting Authority (NPA), SAPS and the Directorate of Priority Crime Investigation (DPCI);
· Obtaining of freezing orders, seizure and forfeiture of assets obtained through illicit means;
· Increased institution of prosecutions against persons committing fraud and corruption;
· Establishment of an effective anti-corruption capability in each JCPS Department; and
· Vetting of officials in Supply Chain management across the Cluster.
As a result of these activities there has been continued progress in the fight against corruption.
OUTPUT 4: PERCEPTIONS OF CRIME AMONG THE POPULATION MANAGED AND IMPROVED
Key achievements in this regard include the following:
· Design and implementation of a Statistics South Africa (StatsSA) annual Victims of Crime Survey;
· Integrated Cluster communication around the Criminal Justice System (CJS) and community achievements in crime prevention;
· Establishment within the JCPS Cluster of an analyses and reporting capacity in respect of Victims of Crime; and
· Increase of victim friendly services through training and directives.
A new survey will be considered during September 2012.
OUTPUT 5: LEVELS OF CORRUPTION REDUCED IMPROVING INVESTOR PERCEPTION, TRUST AND WILLINGNESS TO INVEST IN SOUTH AFRICA
In addition to the Output 3 anti-corruption activities, the following can also be noted:
· The Anti-Corruption Task Team (ACTT) Operational Team is currently investigating 59 Priority Cases, with a total of 465 persons under investigation;
· A total of 56 such persons meet or potentially meet the criteria of being involved in corrupt activities of more than R5 m. Pre-trial proceedings were initiated against 28 persons who meet the R5m criteria. Trial proceedings are currently underway against 8 persons who meet the R5m criteria; and
· 17 persons were convicted for serious corruption.
OUTPUT 6: EFFECTIVE AND INTEGRATED BORDER MANAGEMENT
In this regard, the Cluster has coordinated the following activities:
· Development of a holistic integrated Policy Framework for Border Management;
· Development of a framework for Immigration Management Approaches;
· Institutionalising of the Inter Agency Clearing Forum (IACF) as a co-ordinating mechanism for Border Management;
· Improved access control in maritime ports with Cape Town as a pilot and rolled out enhanced movement control systems at other ports of entry;
· Implemented automated risk management for cargo and passengers;
· Implemented automated cargo management and inspection processes;
· Threat and risk assessment dealt with regarding rail crossings;
· The South African National Defence Force (SANDF) is continuing with its borderline deployment along the various borders in a phased-in approach which will be completed during 2015. To date, a total of 11 companies have been deployed along South African borders with neighboring countries; and
· As part of this deployment, specific operations are being conducted to combat cross-border crime, stock theft and illegal grazing as well as rhino poaching.
OUTPUT 7: INTEGRITY OF IDENTITY AND STATUS OF CITIZEN AND RESIDENTS SECURED
The following achievements can be noted:
· Registration of birth as the only entry point into the National Population Register (NPR);
· Registration of every child's birth before their first birthday;
· A new procedure for the late registration of birth process will be implemented to curb identity fraud;
· Issuing of Identity documents (ID's) to all citizens 16 years of age or above / turning 16 years of age;
· Registering of all deaths and the provision of relevant statistics in this regard by the end of each financial year;
· Implementation of applicable Civic Services legislation pertaining to births, deaths, citizenship and identification, including revised penalties; and
· Implementing revised immigration policy and regulatory frameworks with respect to managing economic migration and asylum seekers.
As a result of these activities -
· An additional 142 358 projected births were registered, which is a 3.5% increase;
· 95% of late registration of births for the age group 31 days and above, were processed within 6 months;
· 100% of South African learners writing matric were issued with ID's, as required by the examination regulations;
· 305 550 ID's (first issue), were issued to citizens 16 years of age and above;
· Economic migrants were effectively separated from asylum seekers; and
· A draft Immigration Policy Review Discussion Paper is being developed.
OUTPUT 8: CYBER-CRIME COMBATED
The following positive progress by the Cluster can be noted:
· Comprehensive cyber threat assessments and interventions where required, are being undertaken;
· A Cybersecurity implementation plan was developed in line with the Cabinet approved National Cybersecurity Policy Framework;
· A Cyber-crime policy is currently being developed; and
· Training of prosecutors and police officials in cybersecurity aspects are underway.
The coordination of cybersecurity activities is led by the State Security Agency.
Reply received: September 2012
PARLIAMENTARY QUESTION NO.: 2259
DATE OF QUESTION: 24 AUGUST 2012
2259. Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:
(1) Whether the National Treasury has met with representatives of the Commission of Inquiry into Allegations of Fraud, Corruption, Impropriety or Irregularity into the Strategic Defence Procurement Package; if not, what is the position in this regard; if so, in each specified meeting (a) who represented (i) the National Treasury and (ii) the commission, (b) when did the meeting take place and (c) what was the purpose of the meeting;
(2) whether the National Treasury has handed over any documents to assist the commission in its inquiry into the arms deal; if not, why not, in each case; if so, in each specified case (a) when were the documents handed to the commission, (b) which documents were handed to the commission and (c) how many documents were handed to the commission;
(3) whether he will make a statement on the matter?
NW2838E
REPLY:- I am not aware of any meeting involving the Commission and the National Treasury. Neither would I be involved in meetings connected with the inquiry. I am not, and would not have been aware of any document that would have been submitted to the Commission by National Treasury. Even if such information had come to my knowledge, the Honourable Member would be aware that I would be barred from divulging such information as sub-regulation 12(1) of the Regulations applicable to the Commission bar any person from communicating to any other person "any matter or information in connection with the inquiry or allow or permit any other person to have access to any records of the Commission except in so far as it is necessary in the performance of his or her duties in connection with the functions of the Commission or by order of a competent court".ly:A�\'