Justice & Constitutional Development

2013-08-22

THIS FILE CAN CONTAIN UP TO 25 REPLIES.

SEARCH ON THE TOPIC/KEYWORD YOU ARE LOOKING FOR BY SELECTING CTRL + F ON YOUR KEYBOARD

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 3140

Mr T D Harris (DA) to ask the Minister of Justice and Constitutional Development:

(1)Whether his department received any funds for the Expanded Public Works Programme

(2) Whether any of these funds were earmarked for (a) capital or (b) infrastructure-related

projects; if so, (i) what are the names of these projects, (ii) where are these projects

situated, (iii) what is the value of each project and (iv) how many jobs have been created

by each project

(3) in each case, what process was followed to appoint project (a) implementers and (b)

consultants;

(4) in each case, were funds transferred to project implementers (a) in a lump sum or (b)

through progress payment;

(5) whether any projects have been impeded due to maladministration or corruption; if

so, (a) which projects have been affected and (b) what action has been taken in each

case? NW3698E

REPLY:-

The Department did not receive any funds for the Expanded Public Works Programme in the 2010/11, 2011/12 , 2012/13 financial years, because all key sectors of the Expanded Public Works Programme are executed by the Department of Public Works.

The Department's baseline budget is for Capital infrastructure projects and as mentioned above there was no allocation for the Expanded Public Works Programme. Our capital projects are in the main implemented by Department of Public Works and Independent Development Trust.

Reply received: November 2013

PARLIAMENTARY QUESTION NO. 3099

Mr A Watson (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether the North Gauteng High Court recently ordered the Director of the Directorate of Conventional Arms Control (name furnished), to issue the relevant export permits relating to the export of 30 Reliable, Effective, Versatile and Affordable (REVA) Armoured Personnel Carriers; if not, why not; if so, why (a) was it necessary for the court to issue the order and (b) were the relevant export permits not issued;

(2) whether his department incurred any costs as a result of litigation in this matter; if not, why not; if so, what was the (a) total cost and (b) breakdown of such costs;

(3) whether he has launched an investigation into this matter; if not, why not; if so, what are the relevant details?

NW3656E

REPLY:

On 12 October 2013, the Northern Gauteng High ordered the NCACC through the Director of Conventional Arms Control (Third Respondent in the matter) to issue export permits to Integrated Convoy Protection (Pty) Ltd for the exportation of 30 x REVA Armoured Personnel Carriers to the United Arab Emirates. Prior to the matter going to court, Integrated Convoy Protection (Pty) Ltd had wanted the UAE export permits issued urgently within a day as opposed to allowing a laid down administrative process of 16 days to run its course. The Director Conventional Arms Control is, by delegated NCACC authority, a custodian of this 16 days administrative process that takes on board the inputs of review departments prior to the issuance of any export permit. As a result of differences between the two parties, Integrated Convoy Protection approached the High Court for an order for the urgent issuance of the permit. Being an urgent application heard on a Saturday afternoon with the Director out of the Gauteng Province, time did not allow the Director to appear before the High Court and properly articulate the 16 days administrative process and the integrity it brings to the arms control process.

The Department of Defence incurred costs to the amount of R19 665, 00 for the utilization of the services of Adv. Bester to represent the NCACC in the urgent application.

Reply received: November 2013

PARLIAMENTARY QUESTION 3092

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

(1) Whether he is aware of any violations of any provisions of the National Conventional Arms Control Act, Act 41 of 2002, as amended by Act 73 of 2008, by (a) Armscor and (b) Denel in each specified calendar year between 2003 and 2013; if not, in each specified calendar year, why not; if so, in each specified calendar year, how many violations were committed;

(2) in respect of each specified violation in each specified calendar year by (a) Armscor and (b) Denel, what (i) are the particulars of each violation and (ii) action was taken in respect of each violation;

(3) whether there is a plan in place to ensure that (a) Armscor and (b) Denel comply with the law regulating conventional arms control; if not, why is no such plan in place; if so, what are the relevant details of the plan?

NW3649E

REPLY:

The NCACC is aware of incidents of general non-compliance with the provisions of the National Conventional Arms Control Act as amended by the South African defence industry which includes Armscor and Denel. The majority of these incidents are minor legal infractions where the defence industry companies including Denel and Armscor do not comply with all set conditions of issued permits. The NCACC distinguishes these from clear cut legal violations where companies engage in acts of controlled items transfer without the requisite NCACC authorization. In order to promote legal compliance across industry, in May 2013 the NCACC decided that all companies that have not fully complied with permits conditions in their dealings must make declarations of such incidences.

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 3057

Mr. P van Dalen (DA) to ask the Minister of Justice and Constitutional Development:

What (a)(i) correspondence or (ii) requests has he received from other Ministers in respect of any ongoing investigations conducted by any Chapter 9 institutions in the past year and (b) steps has he taken in each case? NW3611E

REPLY:

I am not aware of any correspondence or request from other Ministers, regarding any ongoing investigations conducted by any Chapter 9 institutions in the past year.

Reply received: November 2013

PARLIAMENTARY QUESTION NO. 3048

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

With reference to his reply to question 2306 on 30 September 2013, (a) how many meetings of the Scrutiny Committee took place (i) in (aa) 2009, (bb) 2010, (cc) 2011, (dd) 2012 and (ii) since 1 January 2013 and (b) in each case and in respect of each specified year (i) how many of these meetings were not chaired by the Secretary of Defence, (ii) who was the Secretary of Defence at the time when the meeting was not chaired by the Secretary of Defence and (iii) what was the name of the person who chaired the meeting?

REPY:

The details pertaining to the question above are contained in the attached link http://www.pmg.org.za/rnw3048. In each instance the name of the person in brackets denotes a person who was either a Secretary for Defence or Acting Secretary for Defence at the time.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 3007

Mr. T W Coetzee (DA) to ask the Minister of Justice and Constitutional Development:

(1) With reference to the replies of the Minister of Health to question 728 on 28 May

2013, question 1599 on 17 July 2013 and question 2055 on 17 September 2013,

when is judgment in the case expected to be delivered; (2) what is being done to expedite the delivery of the judgment? NW3557E

REPLY:

I wish to inform the Honourable Member that judgment in this matter is still outstanding. According to the Office of Chief Justice, the acting judge in the South Gauteng High Court when the matter was heard, has not indicated as to when Judgment could be delivered.

In July 2013, Judge President Mlambo made an inquiry to the presiding officer regarding the delivery of the judgment but he did not commit to a date as to when he will deliver the judgment. The Judge President has now reported the presiding officer to the Chairperson of the General Council of the Bar (since he is a practicing advocate), the Chairperson of the Johannesburg Bar Council and its High Court Committee for possible disciplinary steps and also to the Chief Justice in his capacity as the Chairperson of the Judicial Service Commission, as the conduct of the presiding officer may be a breach of the Code of Judicial Conduct for Judges which is applicable to all Acting Judges.

Reply received: November 2013

QUESTION 2990

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

(1) Since 20 May 1998 (a) which (i) persons and/or (ii) companies have been given authorisation to render foreign military assistance in terms of the Regulation of Foreign Military Assistance Act, Act 15 of 1998, (b) to which country was each approved application to give foreign military assistance made and (c) when (i) was each application approved and (ii) does each authorisation expire;

(2) since 20 May 1998 (a) which (i) persons and/or (ii) companies have been refused authorisation to render foreign military assistance in terms of the said Act, (b) what are the reasons for each refusal, (c) to which country was each application to give foreign military assistance made and (d) when was each application denied?

NW 3540E

REPLY

In the period under review, the NCACC considered and decided on a number of applications under the Regulation of Foreign Military Assistance Act (Act 15 of 1998). The decisions of the NCACC in this regard are contained on the link http://www.pmg.org.za/rnw2990-131119item . It needs to be understood though that in the consideration of these applications the NCACC sometimes calls for the submission of additional information which is not always positively met. In such an event, the NCACC therefore does not make a final decision.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2977

Mrs. C Dudley (ACDP) to ask the Minister of Justice and Constitutional Development:

Whether, with reference to the South Gauteng High Court ruling that survivors and families of those who died during the Marikana shooting must receive state funding for representation at the Marikana Commission of Inquiry, this funding will be diverted from legal representation for other poor persons needing legal aid or will the State find additional funding over and above the current Legal Aid Board budget?

NW3524E

REPLY:

Legal Aid South Africa has sought additional funding from National Treasury with the assistance of the Department. The Mid –Year adjustment budget which has been submitted to Parliament for approval does not contain any additional funding for Legal Aid South Africa in respect of the Marikana Commission of Inquiry. Should the requested funding not be made available, then Legal Aid South Africa will as of necessity have to reduce funding to clients in both criminal and civil matters in order to re-prioritise monies for the funding of legal representation in the Marikana Commission of Inquiry.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2925

Mr M Swart (DA) to ask the Minister of Justice and Constitutional Development:

(1) How much has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the Africa News Network 7 (ANN7) news channel;

(2) were these advertisements placed through the Government Information and

Communications System? NW3476E

REPLY:

I wish to inform the Honourable Member that my department and entities reporting to me have not spent money on the mentioned television channel for the purpose mentioned in the enquiry.

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2892

2892. Mr. A C Steyn (DA) to ask the Minister of Justice and Constitutional Development:

(1) What amount has (a) his department and (b) each of the entities reporting to him

spent on advertising (i) in The New Age newspaper and (ii) on its website between

1 December 2012 and 31 August 2013;

(2) were these advertisements placed through the Government Information and

Communication System? NW3443E

REPLY:

I wish to inform the Honourable Member that we did not advertise in the newspaper in question in the period mentioned in the Member's enquiry.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2884

Mrs S V Kalyan (DA) to ask the Minister of Justice and Constitutional Development:

(1) How many international (a) arbitrations, (b) mediations, (c) court cases and (d)

tribunal hearings has the Government been party to since 1 January 2013;

(2) what is the (a) citation, (b) reason and (c) cost of each such international (i)

arbitration, (ii) mediation, (iii) court case and (iv) tribunal hearing? NW3434

REPLY:

1. I wish to inform the Honourable Member that this reply does not cover the international court cases, only the civil matters, registered by the State Attorneys' Office.

(a) None.

(b) None.

(d) None.

2. (a) None.

(b) None.

(c)(i) None.

(ii) None.

(iv) None.

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2883

2883. Mr G Hill-Lewis (DA) to ask the Minister of Justice and Constitutional Development:

1. Has a final decision been taken as to whether charges will be reinstated against (a) Thoshan Pandy and (b) Navin Madhoe (i) if so what is the decision and (ii) if not, why not?

REPLY:-

I am informed that the Director of Public Prosecutions (DPP) for KZN has not yet made a decision to reinstate charges against Mr Thoshan Pandy and Navin Madhoe. The reason for this delay is the DPP's concerns that certain matters have not been addressed yet.

There is also a concern that it would not be appropriate to divulge further details on the matter at the moment, as this will not be in the interest of justice.

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2866

DATE OF QUESTION:

2866. Mr G G Hill-Lewis (DA) to ask the Minister of Justice and Constitutional Development:

(1) Has his department received a request from the SA National Roads Agency (SANRAL) to establish special e-toll courts;

(2) Is he considering establishing these courts; if not, why not; if so,

(a) on what grounds,

(b) what process will he follow in considering this,

(c) where will the budget come from and

(d) will new (i) prosecutors and (ii) magistrates be appointed for these courts?

NW3416E

The Department has not specifically been requested to establish special e-toll courts by the SA National Roads Agency Limited (SANRAL) or the Department of Transport. Neither am I contemplating the establishment of special e- toll courts.

In my view, the existing legislative framework is broad enough to cater for the prosecution of any such envisaged e-toll contraventions. Prosecutions will be conducted in the ordinary district courts. There will, however, be a constant review of the capacity requirements of the district courts as the roll out of the e-toll process progresses

Reply received: November 2013

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO: 2857

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

Whether a certain person (Michael Hulley of Hulley and Associates) has been paid by his department in the (a) 2009-10, (b) 2010-11, (c) 2011-12 and (d) 2012-13 financial years; if so, (i) what amount was the specified person (aa) paid in each financial year and (bb) paid in respect of each specific matter, (ii) in what capacity was said person paid and (iii) at what rate respectively? NW3406E

REPLY:

I wish to draw attention of the Honourable Member to the table below, in answering her question:

Details	2009-10	2010-11	2011-12	2012-13
(a)	YES	YES	NO	YES
(i)(aa)	R7 945 971	R570 068	N/A	R327 890
(i)(bb)	- R2 649 512 Case no.CC273/07 The State and (1)Jacob Gedleyihlekisa Zuma (2) Thint Holding (Southern Africa) (Pty) Ltd (3) Thint (Pty)Ltd - R 4 791 437 Appeal Case no. 232/07 DCLD Case no. 13569/06 (1)Jacob Gedleyohlekisa Zuma (2) Thint Holding (Southern Africa) (Pty) Ltd (3) Thint (Pty)Ltd And the State - R 505 022 Case no.19577/09 The Democratic Alliance and (1) The Acting national Director of Public Prosecutions (2) The Head of the Directorate of Special Operations (3) Jacob Gedleyihlekisa Zuma	Case no.19577/09 The Democratic Alliance and (1)The Acting national Director of Public Prosecutions (2)The Head of the Directorate of Special Operations (3)Jacob Gedleyihlekisa Zuma and Intervening Parties Richard Michael Moberly Young CCII Systems (Propriety) LTD	Nothing	SCA Case no.288/11 NGHC Case no. 19577/09 The Democratic Alliance and (1)The Acting national Director of Public Prosecutions (2)The Head of the Directorate of Special Operations (3)Jacob Gedleyihlekisa Zuma
(ii)	- R 2 649 512: Attorney for the applicant. - R4 791 437: Attorney for the Appellant - R 505 022: Attorney for the Appellant	Attorney for the Third Respondent	N/A	Attorney for the Third Respondent
(iii)	At different rates charged by Senior Counsels First Junior Counsel: R15 000-R18 000per day Second Junior Counsel: R21 000 per day Senior Counsel: R24 000 – R36 000 per day	At different rates charged by Senior Counsels Junior Counsel: R16 000per day Senior Counsel: R24 000 – per day	N/A	At different rates charged by Senior Counsels First Junior Counsel: R15 000-R18 000per day Second Junior Counsel: R21 000 per day Senior Counsel: R24 000 – R36 000 per day

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2854

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

1. What was the accused, S Malgas (Atlantis Regional Court- Last appearance 8 May 2013) charged with?

2. Is the case finalized; if so: (a) What was the verdict and (b) what were the reasons therefore; if not, why not?

3. Was DNA evidence taken from the victim; if not, why not; if so, was the DNA evidence submitted by the prosecution as part of the evidence; if not, why not?

REPLY:-

The person was accused of rape (contravention of section 3 of Act 32 of 2007), he was found not guilty because the court found that the intercourse was consensual. Therefore the DNA evidence was unnecessary as the defence admitted that the intercourse between the complainant and the accused had taken place.

Reply received: November 2013

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO.: 2803

2803. Mr D C Ross (DA) to ask the Minister of Justice and Constitutional Development:

(1) What amount (a) his department and (b) entities reporting to him spent on advertisements placed on the SABC 24 hour news channel;

2. were these advertsments placed through the Government Communication and information System?

NW3308E

REPLY:-

My department and Entities reporting to me have not placed advertisements on the SABC 24 hour channel

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2750

MS M Smuts (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether (a) Boschkop Police Station docket Boschkop CAS 165/06/12 was

submitted to the Control Prosecutor at the Cullinan Magistrate Court and (b) the

case was referred to the Director of Public Prosecutions: North Gauteng and dealt

with under the reference 9/2/12-P251/2009; if so,

(2) whether a decision to prosecute was taken; if not, under which statutory provision

did the Director of Public Prosecutions: North Gauteng decline to take a decision?

NW3250E

REPLY:

Reference to case docket Boschkop CAS 165/6/2012 in the parliamentary question appears to be an error, as that case is closed. It appears that the questions relate to case docket Boschkop CAS 164/6/2012 instead.

The docket Boschkop CAS 164/6/2012 was submitted to the control prosecutor at the Cullinan Magistrate's Court who in turn referred it to the office of the Director of Public Prosecutions, Gauteng Division in Pretoria (the "DPP") on 21 December 2012. The Director of Public Prosecutions received it on 9 January 2013.The Director of Public Prosecutions made his decision on 18 March 2013. This decision is to the effect that he will await the outcome of the trial in respect of a prosecution that he instituted on 5 May 2011 involving the same parties.

The case docket Boschkop CAS 164/6/2012 was dealt with under the DPP office's reference number 9/2/12-P351/09 as part of a series of cases between Mr. Pieterse and Mr. Cilliers.

An application was made in terms of Section 174 of the Criminal Procedure Act, No. 51 of 1977 in that case and judgment in the application will be delivered on 1 November 2013. The DPP is awaiting the outcome of that trial before he decides on the outstanding cases between the parties as credibility findings will be relevant in deciding those cases.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2730

2730. Mrs. D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether the (a) SA Police Service, (b) Department of Health and (c) National Prosecuting Authority have submitted annual training reports to the Directors- General Inter-sectoral Committee on the training conducted in respect of the implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007; if not, why not; if so, in which years; and

(2) whether he intends to table the reports of the Directors-General Intersectoral Committee in Parliament; if not, why not? NW3230E

REPLY:

In the execution of its monitoring function, the Directors-General Inter-Sectoral Committee receives from all reporting stakeholders (including SAPS, DoH, and NPA), annual reports on the implementation of the Act, which include performance progress on training initiatives and programmes conducted during the specific reporting period.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2729

2729. Mrs D A Schäfer (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether the Intersectoral Committee for the Management of Sexual Offence Matters has met since 2008; if so, (a) how many times and (b) on what dates;

(2) whether the National Operational Intersectoral Committee has submitted bi-annual

reports to the Directors-General Intersectoral Committee; if so, on what dates were

these reports submitted? NW3229E

REPLY:-

I wish to inform the Honourable Member that the Directors-General Inter-sectoral Committee was officially established in 2009, but the planning for its establishment and functioning commenced in 2008. In January 2008, the Department established the National Operational Inter-sectoral Committee for the Management of Sexual Offences Matters (NO ISC) to execute the preparatory actions for the establishment and functioning of the Directors-General Inter-sectoral Committee (DG ISC), in compliance with section 63 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act No. 32 of 2007 (hereinafter referred to as the Act). The National Operational Inter-sectoral Committee (NO ISC) was also established as the permanent inter-sectoral governance structure with the mandate to provide technical support to the DG ISC. Table 1 below lists the preparatory meetings held by the NO ISC for the establishment of the DG ISC:

Year

No of Preparatory Meetings

Dates of Meetings

2008

27 February 2008

24 June 2008

27 November 2008

With respect to the second part of the question, below is the table that reflects the number of times and the dates on which the Directors-General Inter-sectoral Committee met during the period 2009 to October 2013:

Year	No of Meetings Held	Dates of Meetings Held
2009	01	17 February 2009
2010	04	17 February 2010 11 May 2010 10 September 2010 15 October 2010
2011	02	25 March 2011 26 August 2011
2012	05	25 January 2012 04 April 2012 13 March 2012 10 October 2012 15 November 2012
2013	03	26 March 2013 27 May 2013 24 October 2013

The National Operational Inter-sectoral Committee (NO ISC) submitted consolidated annual reports to the Director - General Inter-sectoral Committee (DGISC) on the following dates:

Report No.	Period of Reporting	Date of Submission to the DG ISC
Report No.	Period of Reporting	1^st Draft	Final Report
01	January 2008 to December 2011	25 Jan 2012 13 March 2012	04 April 2012
02	January 2012 to March 2013	26 March 2013 27 May 2013	24 October 2013

It must, however be noted that the National Operational Inter-sectoral Committee ( NO ISC) first submits the draft annual report, which after a number of consultative sessions with the Director - General Inter-sectoral Committee (DGISC), is then taken through an inter-sectoral adoption process. Before tabling in Parliament, it must be first adopted by certain inter-sectoral governance structures, which include the Justice Crime Prevention Security Cluster (JCPS) Development Committee, the JCPS Directors-General Forum, and the JCPS Inter-Ministerial Committee.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2728

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

(a) How many cases of drug-related crimes (i) have been withdrawn, (ii) are pending or (iii)

have received judgment in the (aa) 2010-11, (bb) 2011-12 and (cc) 2012-13 financial years

and (b) what was the verdict in each case? NW3228E

REPLY:-

The drug related crimes involves the illegal import, cultivation, manufacture, provision/ dealing in, use or possession of listed dangerous/undesirable dependence producing substances (e.g. cocaine, mandrax, dagga/ Marijuana, tik, ecstasy, heroine, LSD, nyaope, etc), alcoholic or tobacco products. The Drugs and Drug Trafficking Act 140 of 1992 legislation regulates the drug related crimes.

23854 cases withdrawn in 2010/11 financial year

23344 cases withdrawn in 2011/13 financial year

25706 cases withdrawn in 2012/13 financial year

23729 cases pending in 2010/11 financial year

23116 cases pending in 2011/12 financial year

22384 cases pending in 2012/13 financial year

35714 cases judgments were handed down in 2010/11

40499 cases judgments were handed down in 2011/12

50576 cases judgments were handed down in 2012/13

33971 guilty verdicts vs. 1743 not guilty in 2010/11 financial year

38510 guilty verdicts vs. 1989 not guilty in 2011/12 financial year

47831 guilty verdicts vs. 2745 not guilty in 2012/13 financial year

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2710

Mr B M Bhanga (Cope) to ask the Minister of Justice and Constitutional Development:

(1) Whether he has been informed of (a) increasing occurrences of magistrates being investigated for breaking the law and (b) sitting magistrates with known criminal records such as (i) murder, (ii) assault and (iii) theft; if so,

(2) whether he has found that this has had any effect on the (a) discipline and morale in his department and (b) legitimacy of the courts to mete out justice fairly; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether he has found delays in finalising investigations against magistrates; if not, why was a certain magistrate (name furnished) convicted three years after his first appearance in court; if so, what are the relevant details;

(4) whether his department continues to pay the salaries of convicted magistrates who continues to serve in his department (details furnished); if not, what are the reasons for this conclusion; if so, what are the relevant details?

NW3213E

REPLY:-

I wish inform the Honourable Member that I am always informed of these cases. However, I do not share the view that these occurances are indeed increasing. Only twenty seven magistrates were implicated in a variety of criminal activities since 1999 of which seven matters are pending. Five of these cases are still pending before the courts while appeals have been lodged in two matters. The other twenty were disposed of as follows:

Resignation before the commencement of misconduct hearings	11
Removal from office after misconduct hearing	3
Acquitted in criminal hearing	2
Convictions set aside on appeal	2
Deceased before commencement of misconduct proceedings	1
Reprimanded after conviction of misconduct (Driving vehicle under the influence of liquor)	1

In some of the cases that involve criminal matters, there may be delays in the investigation and finalization of criminal charges against magistrates, because investigation falls outside the jurisdiction of the Magistrates Commission.

Regarding payable salaries, Section 13(4A) (a) of the Magistrates Act determines that the remuneration of a magistrate is not effected during a period of suspension, unless the Magistrates Commission determines otherwise. In the case involving magistrate Mxolisi Matereke, the criminal justice system and labour practices were followed, until he was convicted of murder and assault. He is no longer receiving salary from Department of Justice and Constitutional Development.

Reply received: November 2013

PARLIAMENTARY QUESTION NO.: 2688

Mr D A Kganare (Cope) to ask the Minister of Justice and Constitutional Development:

(1) In how many cases were judgments (a) reserved and (b) not pronounced within 30 days (i) in the (aa) 2010-11, (bb) 2011-12 and (cc) 2012-13 financial years and (ii) from 1 April 2013 up to the latest specified date for which information is available;

(2) whether there are any guidelines or deadlines set for judges within which to pronounce their judgements; if not, why not; if so, what are the relevant details;

(3) What plans does his department have in place to ensure that the principle of justice delayed is justice denied is implemented in the court systems?

REPLY:-

I wish to inform the Honourable Member that the statistics are collected on various subjects, for reserved judgments; criminal and civil are collected separately. Table A below indicate the statistics for criminal cases for each financial year, whilst Table B indicate the statistics for civil cases for each financial year. Please note that for the 2013-2014 the table only reflects on quarter 1 and 2 of 2013/2014.

TABLE A: CRIMINAL CASES

Period	Total Reserved Judgments	Judgments not pronounced within 30 days
2010-2011	229	200
2011-2012	185	172
2012-2013	329	317
2013-2014	178	165

TABLE B: CIVIL CASES

Period	Total Reserved Judgments	Judgments not pronounced within 30 days
2010-2011	389	372
2011-2012	299	275
2012-2013	456	324
2013-2014	454	426

I wish to refer the Honourable Member to Article 10 (1) (d) of the Code of Judicial Conduct which was gazetted on 18 October 2012 which requires that a judge must give judgment or any ruling in a case promptly and without delay. Also Article 10 (2) of the Code further specifies what is expected from a judge in this regard.

In regard to the last part of the question, the Department has embarked on processes to address delays in the court system, and to ensure the efficient functioning of legal and administrative processes in a timely fashion. Measures have been adopted aimed at ensuring that the Judiciary maintains control of the case flow, and management of proceedings in court, as well as the commitment from all role players in the application of an integrated case flow management system as a standard business practice.

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2680

Adv. A W Alberts, (FF Plus) to ask the Minister of Justice and Constitutional Development:

(1) Whether he has found that South Africa meets the requirements of section 27 of the International Convention on Civilian and Political Rights regarding the rights of minorities; if not, why not; if so, what are the relevant details;

(2) whether reports in this regard have been provided on a regular basis to the convention's oversight body, the Human Rights Commission; if not, why not; if so, where can those reports be examined? NW3172E

REPLY:-

(1) I wish to inform the Honourable Member that the initial report on the UN Covenant on Civil and Political Rights has been prepared and revised as decided by Cabinet. The revised text has been presented to the Justice Crime Prevention Security Cluster (JCPS) Cabinet Committee on 17 October 2013, and it is prepared to be served at the next Cabinet meeting for approval. The report outlines developments in giving effect to article 27 of the Covenant read with the relevant sections of the Constitution of the Republic of South Africa. As to whether South Africa meets the requirements of article 27 of the Covenant, the United Nations Human Rights Committee, will pronounce on this, when the report is presented to them.

(2) The South African Human Rights Commission was consulted with a request to give inputs on the report. However, the said consultation does not take away their right to make a shadow report to the United Nations Human Rights Committee, and also with their views as to whether South Africa is giving effect to the Covenant (also section 27 of the Covenant).

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2643

Dr LL Bosman (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether any performance bonuses were paid to employees in his department in the 2012-13 financial year; if so, what is the total (a) number of employees that received bonuses and (b) amount paid out by his department for these bonuses;

(2) what percentage of outputs were achieved by his department as measured against each target set in its Annual Performance Plan in the 2012-13 financial year? NW3132E

REPLY:

1. Yes, performance bonuses were paid, to employees in the 2012/13 financial year.

(a) 3078, employees received bonuses.

(b) R33 530 458, was paid out in the form of bonuses

2. 44% of the 57 targets were achieved.

It should also be noted that although 44% was achieved, a vast majority of the missed targets were partially achieved. The figure below shows that 25 indicators were fully achieved (100% or more); 14 indicators had an achievement of 80 – 99%, 13 indicators had an achievement of 50 – 79% and only 5 had an achievement of less than 50%.

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2578

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

How much has (a) his department and (b) each of the entities reporting to him spent on promotional events organised by The New Age newspaper between 1 September 2012 and 30 August 2013? NW3065E

REPLY:

(a) Nothing.

(b) Nothing.

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2532

2532 The Leader of the Opposition (DA) to ask the Minister of Justice and Constitutional Development:

a) When has he met with the Public Protector regarding her investigation into the upgrades of the President's Nkandla residence, (b) what was discussed at each meeting, (c) was any request put to the Public Protector not to continue with her investigation and (d) if such a request was made (i) why and (ii) at which meeting?

REPLY:

I wish to refer the Honourable Member to a media statement that was released in September on this matter. That statement mentions, inter alia, that 'The Ministers of Justice, Crime Prevention and Security Cluster confirm that there have been interactions and meetings with the Public Protector pertaining to the subject of the Nkandla investigation. The Ministers wish to emphasize that some of these meetings were at the request of the Public Protector, in pursuance of her mandate…'.'Ministers view the work of the Public Protector as that of a constitutionally established institution that should be respected and would never attempt to undermine and interfere with'.

Reply received: October 2013

PARLIAMENTARY QUESTION: 2521

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

(a) How many positions are currently filled by acting (i) judges and (ii) magistrates and

(b) in each case, for how long has the position been filled by an acting appointee? NW3008E

REPLY:-

I wish to inform the Honourable Member that acting appointments are done almost on n a daily basis for the presiding officers who are on vacation leave, sick leave, or who are attending training and meetings. In some instances presiding officers are appointed to assist with backlog cases. Again, in some instances acting presiding officers are appointed to act in the place of a permanent presiding officer who is acting in a higher position.

Reply received: November 2013

PARLIAMENTARY QUESTION NO: 2519

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

(1) How many case dockets were returned by the National Prosecuting Authority to the SA Police Service in each province in the 2012-13 financial year for further investigation;

(2) How many of these case dockets relate to (a) rape and/or (b) other sexual offences? NW3006E

REPLY:

Figures on decision dockets provide an indication on engagements with the police, which include referring case dockets back for further investigation. However, the number of decision dockets is not the number of individual dockets, as every time a docket is returned, it has to be entered into the register and recorded afresh.

Case dockets returned for further investigation in 2012/13 financial year:

Province	Postponements: Further Investigation
Eastern Cape	18743
Free State	9034
Gauteng	23823
Kwazulu – Natal	21006
Limpopo	8563
Mpumalanga	9430
North West	8478
Northern Cape	4053
Western Cape	38349
Sub –Total	141479

Case dockets relating to rape:

Province	Postponements: Further Investigation - Rape Cases
Eastern Cape	1227
Free State	338
Gauteng	852
Kwazulu Natal	1086
Limpopo	491
Mpumalanga	522
North West	438
Northern Cape	196
Western Cape	1004
Sub-Total	6154

Case dockets relating to other sexual offences?

Province	Postponements: Further Investigation – Other Sexual Offences
Eastern Cape	101
Free State	31
Gauteng	126
Kwazulu Natal	124
Limpopo	50
Mpumalanga	34
North West	73
Northern Cape	28
Western Cape	292

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2396

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

How many charges of driving whilst the blood alcohol limit exceeds the maximum

NW2880E

REPLY:

I wish to inform the Honourable Member that the National Prosecuting Authority does not keep statistics of the reasons why cases are struck of the roll? The Member is reminded that cases are struck off the roll by presiding officers, and the Integrated Case Management System (criminal) only captures the outcome thereof.

Reply received: October 2013

PARLIAMENTARY QUESTION NO.: 2395

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

a) How many cases have been struck off the roll in each province in the (i) 2010-11, (ii)

2011-12 and (iii) 2012-13 financial years owing to (aa) a lack of forensic evidence or (bb) inadequate forensic evidence by the SA Police Service and (b) what was the nature of the charges against the accused in each case?

NW2879E

REPLY:

I wish to inform the Honourable Member that the Department does not keep records of the reasons why cases are struck off the roll. The cases are struck off the roll by presiding officers, and the Integrated Case Management System (criminal) only captures the outcome thereof.

Reply received: September 2013

PARLIAMENTARY QUESTION NO.: 2325

2325. Mrs H Lamoela (DA) to ask the Minister of Justice and Constitutional Development:

(1) According to what criteria does his department judge a Thuthuzela Care Centre (TCC) to be fully operational?

(2) Whether, with reference to his reply to question 1741 on 19 August 2013, he intends turning the TCCs that are not fully operational into fully operational service centres; if not, why not, in respect of each specified TCC; if so, when, in respect of each specified TCC?

NW2774E

REPLY:-

The Thuthuzela Care Centers are considered fully operational once the following is in place:

a. A Victim friendly designated space, with waiting area, counseling room, examination room, ablution facilities and statement taking room;

b. Two of the three posts (Site Coordinator, Victim Assistance Officer and a Case Manager);

c. All services are rendered including police, health, psychological and prosecutorial, whether in house or on call. This includes referral system for 24/7 care and management;

d. Protocols are in place based on stakeholder cooperation;

e. Training conducted for relevant stakeholders; and

f. Essential equipment and / or furniture provided.

I intend turning the TCCs into fully operational service centres. The timeframes cannot be specified at present, because the NPA is in the process of turning all the outstanding TCCs into fully operational centers. The NPA has advertised 21 Case managers' positions, 215 site coordinators and 25 Victim assistance Officers. Various interventions are also in place to get all the relevant stakeholders to re-commit. Shortages of doctors and social workers continue to be a challenge as the NPA struggles to get dedicated doctors and social workers to work full time at the TCCs. The NPA has also forged partnerships with USAID through which funds have been made available to work with the Foundations for Professional Development (FPD), Medical Research Council (MRC), Sonke Gender Justice and Soul City to help in addressing the plague of sexual violence through community engagement and stakeholder collaboration. Furthermore, the NPA has partnered with SANAC to help support Non-Governmental Organizations which render counseling services to the TCCs though the Global Fund joint proposal.

Reply received: September 2013

QUESTION 2307

2307. Mr D. J. Maynier (DA) to ask the Minister of Justice and Constitutional Development:

(1) For each specified investigation conducted by the National Conventional Arms Control Committee's Inspectorate (a)(i) in (aa) 2009, (bb) 2010, (cc) 2011 and (dd) 2012 and (ii) during the period 1 January 2013 up to the latest specified date for which information is available, (b) what was the name of the (i) person or (ii) entity that has been investigated, (c) what matter was investigated, (d) when did the investigation begin;

(2) whether the investigation has been completed; if not, which of these investigations are ongoing; if so, (a) when was it completed and (b) what was the outcome of the investigation?

NW2755E

REPLY

(1) For the year 2009 three (3) matters were referred to the SAPS for investigation :

a. Imperial Armour (Pty) Ltd : Controlled items were exported without NCACC authorisation. Imperial Armour (Pty) Ltd pleaded guilty and was fined R100 000-00 during 2012. b. Westerhever Vessel : Consignment from Korea confiscated at Durban Port. Matter was handed to the SAPS during November 2009. NPA declined to prosecute during 2010 as there was no local entity / person to prosecute. The foreign client had misrepresented the content of the consignment to the foreign Freight Forwarder. Confiscated items were forfeited to the State. c. One matter is still under investigation and therefore sub judice, no specific information can be made available. For the year 2010 two (2) matters were referred to the SAPS for investigation: a. Apex Truck and Trailor : Vehicle sold without NCACC authorisation. Matter referred to the SAPS during August 2010. Company pleaded guilty and was fined R60 000-00 during 2011. b. One matter is currently with the NPA for a decision. Due to the matter being sub judice, no specific information can be made available. For the year 2011 fifteen (15) matters were referred to the SAPS for investigation: a. DHL Courier : Cleared items through Customs without an Import Permit. Matter was handed to the SAPS during December 2012. The NPA declined to prosecute during 2013. b. The NPA declined to prosecute the following companies, during 2012, for using different Freight Forwarders for clearing items through Customs other than those that appeared on their issued permits, however, Administrative Warnings were issued to each Company : i) BAE Land Systems : Handed to the SAPS January 2011. ii) Integrated Convoy Protection (Pty) Ltd : Handed to the SAPS January 2011. iii) ARMSCOR : Handed to the SAPS November 2011. iv) OTB, A Division of Denel (Pty) Ltd : Handed to the SAPS November 2011. v) AB Logistics, A Division of Armscor Business (Pty) Ltd : Handed to the SAPS November 2011. vi) NGA (Pty) Ltd : End User misrepresentation on Export Permits. Declined to prosecute and recommended that Departmental action be taken against SANDF members involved. The company was liquidated prior to the finalisation of the matter. c. Eight (8) matters are still under investigation and due to it being sub judice, no specific information can be made available. For the year 2012 twenty two (22) matters were referred to the SAPS for investigation: a. The NPA declined to prosecute the following companies, during 2012 / 2013, however, Administrative Warnings were issued to each Company: (i) Reutech Solutions (Pty) Ltd : Use of an unregistered Freight Forwarder. The matter was handed to the SAPS during February 2012. (ii) Thales Defence Systems (Pty) Ltd : Goods received from foreign supplier was cleared through Customs without an Import Permit. The matter was handed to the SAPS during June 2012. b. The NPA declined to prosecute the following companies, during 2012 / 2013 : (i) Aerospace Systems : Two items exported temporarily were not returned within the six month validity period. The matter was handed to the SAPS during February 2012. (ii) Precision Aviation Services : Controlled item imported without the required permit. The matter was handed to the SAPS during February 2012. (iii) Denel SAAB Aerostructures (Pty) Ltd : Exported controlled items using an expired permit. The matter was handed to the SAPS during June 2012. iv) Sysdel CC : Export of spares not included on the Contracting Permit. The matter was handed to the SAPS during September 2012. (v) Mechem : Internal transfer of a scrapped vehicle without NCACC authorisation. Matter was handed to the SAPS during July 2012. (vi) Milkor (Pty) Ltd : Failure to re-import items temporarily exported within the required six month validity period. The matter was handed to the SAPS during October 2012. c. Fourteen (14) matters are still under investigation and due to it being d. sub judice, no specific information can be made available. For the period 1 January to 13 September 2013 six (6) matters were referred to the SAPS for investigation: a. Grintek Ewation (Pty) Ltd : Imported controlled items using an expired permit. Matter was handed to the SAPS during January 2013. b. Five (5) matters were handed to the SAPS for investigation during 2013. These matters are still under investigation and due to it being sub judice, no specific information can be made available.

Reply received: September 2013

QUESTION NW2754E (2306)

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

(1) How many meetings of the Scrutiny Committee of the National Conventional Arms Control Committee have been convened (a) in (i) 2009, (ii) 2010, (iii) 2011 and (iv) 2012 and (b) during the period 1 January 2013 up to the latest specified date for which information is available;

(2) in respect of each specified meeting of the Scrutiny Committee in each specified calendar year (a) what was the (i) name of the chairperson and (ii) position and public service grade of each person who attended the meeting and (b) on what date did the meeting take place;

(3) whether in respect of each specified meeting of the Scrutiny Committee in each specified calendar year, the chairperson attended the meeting; if not, why not; if so, when?

RESPONSE

Over the period 2009 to Jan 2013, the Scrutiny Committee held a total of 49 meetings. The majority of these meetings were chaired by the Chairperson of the Scrutiny Committee (Secretary for Defence). It is in few instances that the Scrutiny Committee meetings were chaired by a delegated official. All the meetings of the Scrutiny Committee were attended by the representatives of the following departments: Department of Defence, Department of International Relations & Co-operation, Department of Trade and Industry, South African Police Service, State Security Agency, NCACC Secretariat and the NCACC Inspectorate.

As evident in the preceding paragraph, the Scrutiny Committee met on a monthly basis in terms of the agreed upon schedule of meetings drawn up on yearly basis.

In the period under review (2009-2013), the Scrutiny Committee's meetings were conducted in a manner consistent with its rules of operation as set out above in terms of frequency of meetings, chairpersonship and composition of representatives or attendees.

Reply received: September 2013

PARLIAMENTARY QUESTION NO.: 2285

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

Whether he is contemplating plans to apply heavier sentences for crimes committed near and on school premises; if not, why not; if so, what are the relevant details? NW2718E

REPLY:-

I wish to inform the Honourable Member that it is only the courts that normally decide on how to apply the sentences, depending on the merits of the case. The prosecutor usually gives arguments to the presiding officer before a sentence is handed down by the court. If heavier sentences for crimes committed near and on school premises are to be contemplated, this should be done through appropriate legislation. Consultations with the relevant role-players, such as the National Prosecuting Authority, South African Police Services, and the Department of Basic Education as well as the Department of Social Development, have indicated that, such interaction may be necessary, for example as an aggravating circumstance, when the Presiding Officer considers the appropriate sentence.

Reply received: September 2013

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO.: 2194

Mr M Waters (DA) to ask the Minister of Justice and Constitutional Development:

(1) How many persons and their particulars are recorded in the Sexual Offences Register; (2) How many (a) certificates in total have been issued since the inception of the Sexual Offences Register and (b) of these certificates indicated that the particulars of the person in question are recorded in the register? NW2612E

REPLY:

There are 3753 names appearing in the National Register for Sexual Offenders and currently, no persons have been provided with clearance certificates by the National Registrar for Sex Offenders as yet in terms of section 48 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 32, 2007. The issuing of clearance certificates for the purpose of approving the appointment of a person as a foster parent, kinship care-giver, temporary safe care-giver, an adoptive parent or curator (section 48(1)) was suspended on 4 December 2009 by the North Gauteng High Court, Pretoria, in a settlement agreement between Child Welfare SA (the applicant) and the Registrar for the National Register for Sex Offenders and the Minister of Justice and Constitutional Development (Respondents).

Reply received: September 2013

PARLIAMENTARY QUESTION NO.: 2135

DATE OF QUESTION: 23 AUGUST 2013

DATE OF SUBMISSION: 6 SEPTEMBER 2013

Mr K S Mubu (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether any staff member in his department (a) performed work in addition to the

responsibilities related to his or her work, outside normal working hours, in the (i) 2008-

09, (ii) 2009-10, (iii) 2010-11, (iv) 2011-12 and (v) 2012-13 financial years and (b) has

been performing such work during the period 1 April 2013 up to the latest specified date

for which information is available; if not, how is it determined whether such work is

being performed or not; if so, in each case, (aa) how many staff members and (bb) in

what job or work categories are the specified staff members employed;

(2) whether approval for such work was obtained in each case; if not, what are the relevant

details; if so, (a) what is the policy of his department in this regard, (b) by whom are

such applications considered and approved, (c) how many contraventions of this policy

were brought to the attention of his department in the (i) 2010-11, (ii) 2011-12 and (iii)

2012-13 financial years and (d) what steps have been taken against transgressors?

NW2557E

REPLY:-

1) Yes, my Department has identified certain individuals, who performed work in addition to the responsibilities to his or her work, outside normal working hours. The details of which are reflected below:

a) i) 2008/09 – Nil

ii) 2009/10 – Nil

iii) 2010/11 – 54

iv) 2011/12- 22

v) 2012/13 – 51

b) The Department verifies whether employees perform work in addition to the responsibilities related to his or her work, outside normal working hours through:

· Internal Departmental Awareness Campaigns;

· Performance reports;

· By means of receiving applications from the officials.

For the period 1 April 2013 the details are as follows in the table below:

aa) From our records, 35 employees have been identified as performed work in addition to the responsibilities related to his or her work, outside normal working hours.

bb) the categories of employees referred to in b) aa) above include Security-Officer,

Clerks, Administrators, Supervisors, Middle Managers, and Senior Managers.

2. Yes, 78 applications were received to date, and all the applications were considered. Out of this number 35 applications are from 1 April 2013 to July 2013.

(a) My Department has a policy in place that is intended to manage performance of remunerative work outside employment in public service, as informed by the Public Service Act. The policy requires that employees must declare, and must seek permission to perform remunerative work other than the official work that they are employed to perform.

(b) The Deputy Director – General: Corporate Services is delegated to authorise to approve applications for performance of remuneration work outside the Public Service.

(ii) 2011/12 – 3 approved, and 11 disapproved

(iii) 2012/13 – 17 approved, and 12 disapproved

(d) Warning letters were issued, and some transgressors decided to resign pending the investigation of disciplinary actions against them.