Questions & Replies: Justice & Constitutional Development

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2014-03-10

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Reply received: December 2014

PARLIAMENTARY QUESTION NO: 2997

DATE OF QUESTION: 21 NOVEMBER 2014

DATE OF SUBMISSION: 05 DECEMBER 2014

Mrs A M Dreyer (DA) to ask the Minister of Justice and Correctional Services:

Whether, with regard to the implementation of the Use of Official Language Policy Act, Act 12 of 2012 and since the reply of the Minister of Arts and Culture to question 990 on 6 June 2013, his department implemented the Act; if not, when will the Act be implemented; if so, which languages have been adopted as official languages of his department? NW3641E.

REPLY

The Department is currently in a process of implementing the Use of Official Language Policy Act, 2012 (Act 12 of 2012) (the Act) through stakeholder's engagement. The Act will be implemented before the end of May 2015. The official languages to be adopted will be determined by an internal language audit for internal and external communication.

With regards to the language of court, for the purposes of language for proceedings, the Rules Board will be approached to make Rules regulating the use of official indigenous languages to be utilized in courts in extension of the applicable out-dated provision of section 6 of the Magistrates Court Act, 1944, (Act 32 of 1944) that provided only for the use of English and Afrikaans.

BACKGROUND INFORMATION

The Magistrates Court Act, 1944, (Act 32 of 1944)

Section 6. Medium to be employed in proceedings.-

(1) Either of the official languages may be used at any stage of the proceedings in any court and the evidence shall be recorded in the language so used.

(2) If, in a criminal case, evidence is given in a language with which the accused is not in the opinion of the court sufficiently conversant, a competent interpreter shall be called by the court in order to translate such evidence into a language with which the accused professes or appears to the court to be sufficiently conversant, irrespective of whether the language in which the evidence is given, is one of the official languages or of whether the representative of the accused is conversant with the language used in the evidence or not.

Reply received: December 2014

QUESTION NO: 2959

Mr J Selfe (DA) to ask the Minister of Justice and Correctional Services:

(1) Whether his department took over the management of Mangaung prison; if so, (a) when did his department take over the management of the prison, (b) what were the reasons for his department's involvement and (c) how long was the prison under the management of his department;

(2) has a certain company (name furnished) incurred any (a) contractual and (b) statutory penalty or penalties subsequent to his department assuming the management of the prison; if not, why not; if so, what was the nature of the penalty/penalties? NW3603E

REPLY:

(1) Yes.

(1)(a) The Department of Correctional Services (DCS) took over the management of Mangaung Correctional Centre (MCC) on 09 October 2013.

(1)(b) The decision to take over MCC was in the interest of safety and security as in the opinion of the National Commissioner, having consulted with the then Minster of Correctional Services, the Director of MCC had lost effective control of the centre. The opinion of the National Commissioner arose out of the critical situation that prevailed then at the MCC, namely, the labour strike and the subsequent dismissal of employees by the Contractor. The Contractor had failed to meet the contractual minimum staffing levels. The Contractor had gone to an extent of utilising uncertified custodial officials to do custodial functions, making it impossible to guarantee the safety and security of the offenders, the custodial officials and other officials and members of the public.

The proper care, treatment, and rehabilitation of offenders in accordance with the provisions of the Correctional Services Acts 8 of 1959 ("the 1959 Act") and 111 of 1998 ("the 1998 Act") and the White Paper on Corrections, 2005 was seriously compromised, given the severe shortfalls in the numbers of certified custodial officials. That unsatisfactory situation had led to several unacceptable events and occurrences at the MCC, such as, holding of an official hostage by offenders, burning of mattresses, beddings, work stations and breaking of toilet pots. The offenders and officials were stabbed and there was general decline in the maintenance of discipline and order in the MCC.

(1)(c) The MCC was under the management of the DCS from 09 October 2013 to 31 July 2014 (nine months and 3 weeks).

(2)(a) & (b) The DCS issued 31 Observation Notices (breach of contract). No penalties have been recovered as yet due to G4S disputing all breaches. In terms of the contract a dispute resolution process as outlined in Schedule M and Clause 72 must be followed in the event of any dispute between the parties. DCS is awaiting the appointment of a Department of Public Works representative to the Supervisory Committee before the process of conducting the hearings can be undertaken.

Reply received: November 2014

PARLIAMENTARY QUESTION NO: 2443
DATE OF QUESTION: 07 OCTOBER 2014
DATE OF SUBMISSION: 21 NOVEMBER 2014
Mr J J Mc Gluwa (DA) to ask the Minister of Justice and Correctional Services:


How many work days has his department lost to (a) sick leave and (b) strike action in the (i) 2011-12, (ii) 2012-13 and (iii) 2013-14 financial years?NW3036E

REPLY

The number of days lost to sick leave and strike action since 2011 is set out below (please note that leave is taken in a calendar year):

CALENDER
YEAR

Number of days sick leave taken

Number of days leave taken due to riot or strike action

Jan to Dec 2011

132 792 days

2 day

Jan to Dec 2012

113 131.5 days

24 days

Jan to Dec 2013

169 358 days

18 days

Jan to Dec 2014

109 335.5 days

7 days

Total

524 617 days

51 days

Reply received: November 2014

PARLIAMENTARY QUESTION NO: 2294
DATE OF QUESTION: 07 OCTOBER 2014
DATE OF SUBMISSION: 21 NOVEMBER 2014
Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


What progress has been made by his department regarding the request of the National Director of Public Prosecutions to the President for the suspension of certain persons (names furnished)? NW2679E

REPLY

I
wish to inform the Honourable Member that I am considering the request of the National Director of Public Prosecutions, and a recommendation will be made to the Hon President in due course.

Reply received: November 2014

PARLIAMENTARY QUESTION NO: 2248
DATE OF QUESTION: 31 OCTOBER 2014
DATE OF SUBMISSION: 14 NOVEMBER 2014
Ms T Stander (DA) to ask the Minister of Justice and Correctional Services:


(1) With regard to prosecution for rhino poaching since 1 January 2008, what is the number of (a) arrests made, (b) persons charged, (c) persons (i) granted and (ii) refused bail, (d) guilty verdicts, (e) acquittals, (9 cases (i) finalised and (ii) withdrawn from the court roll and (g) cases outstanding;
(2) What was the sentence imposed for each guilty verdict;
(3) What was the type of charge for each person charged? NW2794E

REPLY

(1) (a) I wish to inform the Honourable Member that we don't keep crime specific data.
Currently there is no formalised process of capturing the information that is required therefore the information given might not be accurate and in some instances might be insufficient. And for that reason we are unable to respond to some of the questions. The following information provided was sourced from the prosecutors who handle these cases. The information does not address some of the questions directly but it does deal with the concerns that are generally raised around the issue of illegal rhino hunting and possession of rhino horn and the NPA efforts in combatting the scourge. Between the periods February 201 1 to date the information available is as follows:

(b) The number of the persons charged =260
(c) This information is not readily available
(d) Convictions = 146

▪ Number of accused convicted of possession of a rhino horn= 18
▪ Number of accused convicted of illegal hunting =53
▪ Number of accused convicted of trespassing = 58
▪ Number of accused convicted of possession of a firearm =49
▪ Number of accused convicted of dealing in rhino horn= 13
▪ Number of accused convicted of racketeering= 1
▪ Number of accused sentenced to imprisonment with an option of a fine= 38
▪ Number of accused sentenced to imprisonment without an option of a fine=86
▪ Number of accused whose sentences were wholly suspended =6

(e) Acquittals= 23
(9 (i) cases finalised = 105
(ii) Cases withdrawn = 59

Reply received: November 2014

QUESTION NO:2158
Dr PJ Groenewald (FF Plus) to ask the Minister of Justice and Correctional Services:


(1) Whether he intends to enter into and sign the International Accord on the Exchange of Prisoners with Thailand; if not, why not; if so, when;

(2) whether he will make a statement on the matter?

REPLY:

(1) At a Cabinet meeting on 15 September 2010, the Ministers of Correctional Services and International Relations and Cooperation were requested to submit a joint Cabinet Memorandum on foreigners in South African Correctional Centres and to develop recommendations on how best to deal with the matter.

Within the Southern African Development Community (SADC) a process has been undertaken in recent years to draft a Protocol for inter-State Transfer of Sentenced Offenders.

No policy position as to Prisoner Transfer Agreements (PTAs) has been adopted at the level of Cabinet and Cabinet is currently being approached with regard to the adoption of a South African policy position on the conclusion of PTAs.

(2) I will consider making a statement regarding the incarceration of foreigners on the basis of current discussions at multi-lateral level.

Reply received: December 2014

PARLIAMENTARY QUESTION NO: 2010

DATE OF QUESTION: 17 October 2014

DATE OF SUBMISSION: 31 OCTOBER 2014

Adv A de W Alberts (FF Plus) to ask the Minister of Justice and Correctional Services:

(1) Whether, within a year after the Government becoming a signatory, it submitted a report on its steps towards implementation of the International Convenant on Civil and Political Rights (ICCPR) in South Africa to the ICCPR's Human Rights Commission, as required by the ICCPR; if not, why not; if so, (a) what are the relevant details, (b) where can this report be obtained and (c) which stakeholders and communities were consulted in the compilation of this report;

(2) whether, since submitting the first report to the ICCPR's Human Rights Commission, the Government has submitted said report to the ICCPR's Human Rights Commission every five years; if not, why not; if so, (a) what are the relevant details, (b) where can the various reports be obtained and (c) in each separate case, which stakeholders and communities were consulted in the compilation of the reports;

(3) whether in each specified report the Government spelled out any steps to protect the rights of minorities in terms of section 27 of the ICCPR; if not, why not; if so, (a) what are the relevant details in each separate case and (b) whether any minorities were consulted in the compilation of the Government's reports; if not, (i) why not and (ii) what are the relevant details;

(4) whether any measures have already been implemented with regard to steps as set out in the reports; if not, why not; if so, what are the relevant details? NW2395E

Reply

(1) Yes.

(a) The ICCPR Country report was approved by Cabinet.

(b) The Report has been forwarded to the Department of International Relations and Cooperation for onward transmission to the United Nations through our Mission in Geneva. After consideration by the United Nations Committee on Human Rights, the report will be made available to the public and interested groups, including recommendations and observations of the said Committee.

(c) The report was developed in consultation with relevant Government departments, human rights institutions and civil society organizations.

(2) No. The delay in developing the report is due to development of other outstanding country reports, and the following challenges:

· Lack of dedicated capacity in the Department of Justice and Constitutional Development;

· No dedicated human rights units/officials in some Government Departments;

· Delays in providing inputs by those requested for inputs; and

· Poor Quality inputs which had to be rechecked and verified before submission.

There is significant progress in addressing these challenges. An Inter-departmental Committee, co-chaired by Department of Justice and Constitutional Development and Department of International Relations and Cooperation, has been established to facilitate the reduction of backlog of country reports amongst others. Part of the terms of reference of this Committee is to develop capacity in all government departments, for example, a training manual will be developed in the next three months.

(a) The recent report is a combined initial and periodic report on the ICCPR (1999-2011).

(b) Falls away.

(c) The recent report was developed in consultation with relevant Government departments, human rights institutions and civil society organizations.

(3) Yes. To ensure cultural, religious and linguistic communities enjoy their rights in practice, the Constitution in section 185 provides for the formation of a Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities which is already in place and operational. The Commission has general powers to monitor, investigate, research, educate, lobby, advise and report on any issue concerning the rights of cultural, religious and linguistic communities; to facilitate the resolution of conflicts or friction between cultural, religious and linguistic communities or between any such community and an organ of state; to receive and deal with complaints and requests by a cultural, religious or linguistic community; and to convene an annual national consultative conference consisting of delegates from the various cultural, religious and linguistic communities in South Africa and governmental and non-governmental role players. In furtherance of language rights, the Constitution recognises 11 official languages: Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu. The Culture Promotion Act, 1983 (Act No. 35 of 1983), (as amended by Act No. 59 of 1988) seeks to protect cultures of different communities.

In addition, South Africa has implemented and funded practical steps and educational, economic and scientific programmes for the protection and promotion of indigenous peoples. Known as the Indigenous Knowledge System, this ambitious programme brings together indigenous communities, universities, research centres and economic partners and enjoys the support of the Government.

Yes, the Civil Society Organizations and the Chapter 9 Institutions were consulted in completion of the ICCPR Report. Furthermore, the Civil Society Organizations consulted different stakeholders which in our view should include minorities.

No. Government is going to follow on actions that need to be taken to further advance political rights, after consideration by the United Nations Committee on Human Rights, including recommendations and observations of the said Committee, after which the report will be disseminated to the public and interested groups.

Reply received: October 2014
PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO:1991

Mr J Selfe (DA) to ask the Minister of Justice and Correctional Services:

(1) Is engagement in the Victims Offender Dialogue (VOD) programme a prerequisite for qualification for parole; if so, is it a requirement that evidence of such engagement is attached to the offender profile that is submitted to the Parole Board:

(2) does the Parole Board take the opinion of victims or their families into consideration when making determinations on parole; if so, what are the relevant details;

(3) did Eugene de Kock participate in the VOD programme, if not, why not; if so, was evidence of this attached to the specified person's profile as it was submitted to the Parole Board;

(4) did the attachment of the specified evidence play a role in the determination not to grant the specified person parole; if so, to what extent? NW2375E

REPLY:

1) Yes, in terms of Section 299A of the Criminal Procedure Act, Act 51 of 1977, "Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision", and Section 75(4) of the Correctional Services Act, Act 111 of 1998 the complainant (who are entitled) or any immediate relative of the deceased has a right to make representations to or to attend the Correctional Supervision and Parole Board meetings. Written representations from victims or relatives and proof of VOD processes are attached to the profile of the offender.

2) Yes, all inputs are considered evenly. A complainant who has made representations shall be informed by the Parole Board that it is not only his or her representations that will have an influence on the Board, but that the balance of the representations and inter alia the following factors will direct a decision by the Board:

(a) the offender's response to development and treatment programmes associated
(b) the existence and quality of support systems in the community;
(c) the probability of re-offending;
(d) the risk that the offender may pose to the community at large; and
(e) the risk to the complainant.

3) Yes, he did participate in the VOD programme. However, not all the relatives of the victims were involved in the VOD processes. Since the decision taken not to grant him parole, four (4) of his victims' relatives were involved in the VOD processes but there are still victims' relatives that need to be involved in this process. When the process is completed, the evidence of participation and the responses will be attached to the profile upon resubmission by the Parole Board to the Minister for reconsideration.

4) Yes, but some of the families of all victims were not consulted and involved in the parole processes, as required by law. Therefore, parole was not granted to allow the families of all victims and the offender time to participate and finalise all outstanding process within 12 months.

Reply received: December 2014

PARLIAMENTARY QUESTION NO: 1935

DATE OF QUESTION: 17 October 2014

DATE OF SUBMISSION: 31 OCTOBER 2014

Mr C D Matsepe (DA) to ask the Minister of Justice and Correctional Services:

Did his department provide a legal opinion to the Department of Energy and/or The Presidency regarding the recent signing of a nuclear agreement with Russia; if so, (a) was it the determination of his department that the agreement was in line with domestic law, (b) did the legal opinion conclude that this international agreement was (i) binding on the Republic and therefore did not require the approval of the National Assembly and the National Council of Provinces or (ii) non-binding on the Republic until approved by the National Assembly and the National Council of Provinces and (iii) will this legal opinion be made public? NW2318E

Reply

I am unable to answer the question as the legal advice on the matter would have been sought and obtained by the Department of Energy.

Reply received: November 2014

PARLIAMENTARY QUESTION NO: 1935
DATE OF QUESTION: 17 October 2014
DATE OF SUBMISSION: 31 OCTOBER 2014
Adv A de W Alberts (FF Plus) to ask the Minister of Justice and Correctional Services:?


(1) Whether, within a year after the Government becoming a signatory, it submitted a report on its steps towards implementation of the International Convenant on Civil and Political Rights (ICCPR) in South Africa to the ICCPR's Human Rights Commission, as required by the ICCPR; if not, why not; if so, (a) what are the relevant details, (b) where can this report be obtained and (c) which stakeholders and communities were consulted in the compilation of this report;

(2) whether, since submitting the first report to the ICCPR's Human Rights Commission, the Government has submitted said report to the ICCPR's Human Rights Commission every five years; if not, why not; if so, (a) what are the relevant details, (b) where can the various reports be obtained and (c) in each separate case, which stakeholders and communities were consulted in the compilation of the reports;

(3) whether in each specified report the Government spelled out any steps to protect the rights of minorities in terms of section 27 of the ICCPR; if not, why not; if so, (a) what are the relevant details in each separate case and (b) whether any minorities were consulted in the compilation of the Government's reports; if not, (i) why not and (ii) what are the relevant details;

(4) whether any measures have already been implemented with regard to steps as set

out in the reports; if not, why not; if so, what are the relevant details? NW2395E

Reply

(1)

(a) Cabinet has approved the ICCPR Country Report and it is currently with the Department of International Relations and Cooperation( DIRCO) for depositing to the UN.

(b) After consideration by the United Nations Committee on Human Rights, the Report will be made available to the public and interested groups, including the recommendations and observations of the said Committee.

(c) The report was developed after consultation with relevant government departments, and human rights institutions and civil society organizations through the Human Rights institute of South Africa.

(2) (a)(b) and (c) The ICC Country Report referred to above is a combined initial and periodical Report that covers the period 1999 to 201 1. Delays in finalizing the ICC Report can, amongst others, be attributed to capacity challenges, as well work on other human rights treaties that also require reporting. However, significant progress has been made in the recent past in terms of our reporting obligations. Government is committed in finalizing all outstanding human right reports and has put mechanisms in place to avoid any further delays. For example, an Inter-departmental Committee, cochaired by Department of Justice and Constitutional Development and Department of International Relations and Cooperation, has been established to facilitate the reduction of backlog of country reports. Part of the terms of reference of this Committee is to develop capacity in all government departments

(3) (a) Yes. To ensure cultural, religious and linguistic communities enjoy their rights in practice, the Constitution in section 185 provides for the formation of a Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities which is already in place and operational. The Commission has general powers to monitor, investigate, research, educate, lobby, advise and report on any issue concerning the rights of cultural, religious and linguistic communities; to facilitate the resolution of conflicts or friction between cultural, religious and linguistic communities or between any such community and an organ of state; to receive and deal with complaints and requests by a cultural, religious or linguistic community; and to convene an annual national consultative conference consisting of delegates from the various cultural, religious and linguistic communities in South Africa and governmental and non-governmental role players. In furtherance of language rights, the Constitution recognises 11 official languages: Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, English, isiNdebele, isiXhosa and isiZulu.

In addition, South Africa has implemented and funded practical steps and educational, economic and scientific programmes for the protection and promotion of indigenous peoples. Known as the Indigenous Knowledge System, this ambitious programme brings together indigenous communities, universities, research institutions and economic partners and enjoys the support of the Government.

(b) Civil Society Organizations and the Chapter 9 Institutions were consulted in the drafting of the ICCPR Report through the Human Rights Institute of South Africa.

(4) Government will implement steps that need to be taken to further advance political rights after consideration of the Report by the United Nations Committee on Human Rights, including recommendations and observations of the said Committee.

Reply received: November 2014

PARLIAMENTARY QUESTION NO: 1935

DATE OF QUESTION: 17 October 2014

DATE OF SUBMISSION: 31 OCTOBER 2014

Mr C D Matsepe (DA) to ask the Minister of Justice and Correctional Services:

Did his department provide a legal opinion to the Department of Energy and/or The Presidency regarding the recent signing of a nuclear agreement with Russia; if so, (a) was it the determination of his department that the agreement was in line with domestic law, (b) did the legal opinion conclude that this international agreement was (i) binding on the Republic and therefore did not require the approval of the National Assembly and the National Council of Provinces or (ii) non-binding on the Republic until approved by the National Assembly and the National Council of Provinces and (iii) will this legal opinion be made public? NW2318E

Reply

I am unable to answer the question as the legal advice on the matter would have been sought and obtained by the Department of Energy.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1849

DATE OF QUESTION: 26 SEPTEMBER 2014

DATE OF SUBMISSION: 10 OCTOBER 2014

Mr A R McLoughlin (DA) to ask the Minister of Justice and Correctional Services:

Whether he has taken any formal steps to engage with his counterpart in Swaziland regarding the sentence imposed upon a certain person (name and details furnished) for contempt of court by a certain judge (name and details furnished) on 17 July 2014; if not, why not; if so, (a) what steps has he taken, (b) what has been the response thereto and (c) have additional steps (i) been taken or (ii) been envisaged? NW2223E

Reply

No. The Judiciary authority of the Republic of South Africa in vested in the courts and courts are independent and subject only to the Constitution and the law. I will be acting in conflict with the spirit of our Constitution if I engage with counterparts on the merits of judgments given by the courts in their sovereign countries.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1834

DATE OF QUESTION: 26 SEPTEMBER 2014

DATE OF SUBMISSION: 10 OCTOBER 2014

Mr S C Motau (DA) to ask the Minister of Justice and Correctional Services:

With regard to his reply to question 1149 on 11 September 2014, what are the specific reasons why the senior public prosecutor declined to prosecute? NW2207E

Reply

The prosecutor considered that there are no reasonable prospects of a successful prosecution.

The Director of Public Prosecutions in the Western Cape has asked for the docket from the Senior Public Prosecutor, to consider reviewing the prosecutor's decision.

On 30 September 2014, the Senior Public Prosecutor at Cape Town Magistrate's Court requested the SAPS to re-open the case for investigation.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1784

DATE OF QUESTION: 26 SEPTEMBER 2014

DATE OF SUBMISSION: 10 OCTOBER 2014

Ms S P Kopane (DA) to ask the Minister of Justice and Correctional Services:

(1) How many cases were investigated by the Special Investigating Unit into the Department of Social Development or any of its entities in the 2012-13 financial year;

(2) How many of these cases, (a) led to convictions and (b) have been heard by court, but have not led to a failed conviction;

(3) Whether the financial expense to the State can be determined for cases where an investigation did not lead to a conviction; if not, why not; if so, what were the costs to the State for each such case? NW2156E

Reply

(1) 865 cases in which persons were charged were investigated during the period.

(2) (a) 822

(b) None. 43 matters were withdrawn

(3) The cost to the State to prosecute a matter relates to the time that the prosecutor(s) dedicates to preparing a matter to be court ready and subsequently spends prosecuting in court. It is not possible to simply quantify this into actual amounts, but it could be worked out on the basis of the amount of time spent by the prosecutor allocated to the case in relation the prosecutors' salaries. The same would apply if there are court preparation officers involved in a matter. Other expenses would relate to expert witnesses that the State may have used in a case.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1667

DATE OF QUESTION: 19 SEPTEMBER 2014

DATE OF SUBMISSION: 03 OCTOBER 2014

Mr W Horn (DA) to ask the Minister of Justice and Correctional Services:

In respect of what is known as third party funds handled by his department, what was the outcome of the investigation into possible irregularities in respect of the handling of these funds held in accounts of different offices of his department at different branches of First Rand Bank? NW2028E

Reply

I wish to indicate to the Honorouble Member that it is not clear which specific incident this question is directed to. However, If the Honourable Member is referring to the recent incident where there was an attempt through cybercrime to defraud Third Party Funds (TPF) in 6 courts (i.e , Boksburg ,Rustenburg, Pietermaritzburg, Mthatha, Bellville and Soweto), I wish to inform the Honourable Member that this matter is being investigated by the Directorate for Priority Crime Investigation (commonly referred to as the Hawks). To provide further details regarding this investigation may jeopardise the said investigation.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1616

DATE OF QUESTION: 19 SEPTEMBER 2014

DATE OF SUBMISSION: 03 OCTOBER 2014

Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

(a) Which posts in his department are vacant in the (i) highly skilled, (ii) highly skilled supervision and (iii) senior and top management levels and (b) in each case, what has been the duration of the vacancy? NW1977E

Reply

I wish to refer the Honourable Member to the table below with a summary of all vacant posts in the Department with the duration of the vacant posts. I also wish to inform the Honourable Member that my Department has committed to filling all vacant funded posts as expeditiously as possible, except for the Occupational Special Dispensation posts (LP 10) which were frozen by the Department of Public Service and Administration.

Levels

< 1 year

1 - 2 yrs

2-3 yrs

3-4 yrs

4-5 yrs

5-6 yrs

6-7 yrs

Total of vacant posts

Total of posts on the establishment (vacant and filled)

% of Total posts on salary level 7 - 16

% of vacant posts SL 7 - 16

(a)(i)

Highly Skilled

203

97

19

18

9

1

1

348

3172

49.78%

10.97%

(a)(ii)

Highly Skilled Supervision

103

108

49

40

13

1

7

321

1462

22.94%

21.96%

(a)(iii)

OSD

115

59

27

18

3

0

3

225

1430

22.44%

15.73%

LP 10

4

7

15

0

0

0

0

26

101

1.59%

25.74%

(a)(iv)

Senior Management

9

13

4

4

1

1

1

33

194

3.04%

17%

Top Management

2

1

0

1

0

1

5

13

0.20%

38.50%

Grand total

434

286

115

80

27

3

13

958

6372

100

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1560

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Mr W Horn (DA) to ask the Minister of Justice and Correctional Services:

What the average turnaround time is for payments to claimants in maintenance matters by his department in respect of (a) cash received by his department (i) nationally and (ii) at the office of his department in Thaba Nchu in the Free State and (b) the money deducted for this purpose from the salaries of civil servants compared to the monthly date of payment of salaries (i) nationally and (ii) at the office of his department in Thaba Nchu in the Free State? NW1930E

Reply

(a) (i) The National turnaround time set for payment of maintenance from the time of receipt of money to the maintenance beneficiary is 7 days. Cash received at courts is however immediately available for payment to the beneficiary in cash. Where beneficiaries have opted for electronic payments, the money will be available in the beneficiary bank account within 24 to 48 hours.

(ii) At the office of Thaba Nchu in the Free State, the details are as follows: as soon as the Respondent deposits the maintenance money directly at court, a receipt is immediately issued and the money captured under the reference number of the beneficiary. Thereafter a list of static cases (A report that shows received money from the Respondents per beneficiaries) is printed and payments are processed through online banking by the office. The beneficiaries who are banking with the same bank as the office (Standard Bank) receive their money immediately, but those who are banking with other banks will receive their money after 48 hours. In case a beneficiary changes their account details without informing the office, the system will reject their payments. The office will only be able to make payments to the beneficiaries once they provide the office with the new account details.

Should the system be off-line, the list of static cases is printed and attached to the CEFTU schedule for submission to National Office. National Office will then process the payments into the beneficiaries' bank accounts. The general turnaround time for the beneficiaries to receive their money is between 2 and 7 days.

(b) (i) The various Departments (employers) should deduct the money on the day that salary is received and pay it over to the court directly on the same day. Consolidated schedules are then dispatched from the various national and provincial departments to the relevant court for validation and allocation of these receipts to beneficiary accounts. Within 24 to 48 hours after the beneficiary has been identified, funds can be available in the bank account of the beneficiary.

(ii) At the office of the department in Thaba Nchu in the Free State, the details are as follows: once the office receives the bulk payment from the employer, the said amount is captured under unclassifieds / suspense account, awaiting the schedule from the employer of the Respondent. The schedule is a detailed breakdown of the amount
received indicating what amount the beneficiary is entitled to receive. However, a
delay to submit a schedule consequently delays payment to the beneficiaries. This is currently the situation with one of the employers (TrenTyre) where the Magistrate's office has not been receiving schedules for the past three months. Although the said employer was contacted on various occasions informing same of this problem, no schedules were received. Another factor that contributes to payment delays is the frequency of system downtime.

The turnaround time to clear the suspense account is 3 days and a further 3 days to process to the beneficiaries accounts. The same process of online banking is used in this regard and or managed through the Central Electronic Funds Transfer (CEFTU) if the online banking is down.

During the month of August 2014, there has been a major setback caused by the unavailability of the system and most delayed payments occurred during this month.

Interdependencies:

(a) Firstly a deduction should be made against the Respondent's salary by his employer;

(b) A deduction should be effected on payday;

(c) The employer should pay a bulk amount over to the DOJ &CD account;

(d) The employer should send a schedule of all transactions that makes up the bulk amount to DOJ & CD;

(e) A system in DOJ & CD should be available to capture the bulk receipt and allocate it correctly on beneficiaries reference numbers;

(f) A system should be available to capture all payouts; and

(g) Beneficiaries must submit their active and correct banking details to DOJ &CD.

If this cycle of interdependence is interrupted then there will be delays in maintenance payouts.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1542

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Mr A R McLoughlin (DA) to ask the Minister of Justice and Correctional Services:

How many Senior Management Service (SMS) officials of the National Prosecuting Authority (a) currently possess no security clearance at any level, (b) currently possess only secret level security clearance and (c)(i) are currently still awaiting security clearance and in each case, (ii) how long have these been outstanding? NW1912E

Reply

(a) Senior Management Services officials without security clearances: 41.

(b) 1 official possesses security clearance at secret level; 23 possess top secret security clearance and 83 confidential clearances.

(c) (i) Applications in progress: 85

(ii) Outstanding vetting ranges from 2 to 3 years.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1541
DATE OF QUESTION: 12 SEPTEMBER 2014
DATE OF SUBMISSION: 26 SEPTEMBER 2014
Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


(1) Do certain persons (names furnished) have security clearance; if so, at what level, in each case;

(2) Did the specified persons have security clearance in the period 1 January 2005 to 31 December 2010; if so, at what level respectively? NW1911E

Reply

(1) and (2)
In view of the fact that the information requested is of a personal nature, I will forward the details to Parliament's Joint Committee on Intelligence.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1540
DATE OF QUESTION: 12 SEPTEMBER 2014
DATE OF SUBMISSION: 26 SEPTEMBER 2014
Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services
:

(1) In general, do members of the Special Investigating Unit's (SIU) investigation teams have security clearance; if so, at what level;

(2) Does a certain person (name furnished) have security clearance; if so, at what level; (3) (a) what are the names of the members of the SIU that dealt with the Nkandla investigation and (b) do they all have security clearance; if so, at what level? NW1910E

Reply

(1) I have been informed that, an integral part of the SIU is its Internal Integrity Unit ("the IIU"). One of its principal tasks is to screen SIU employees before they are appointed. To this end the IIU has developed its own in-depth screening mechanism to identify integrity related risks. The IIU thoroughly screens SIU members, both before they are appointed and thereafter throughout the period of their employment. General screenings are done every two years.

However, in 2011, the SIU also embarked on a process of obtaining security clearances from the State Security Agency (SSA) for the vetting of its members. To date, the SIU has submitted requests to the SSA in respect of members from the Senior Management group, the SCM department, the IIU and SIU members who have been seconded to the Anti-Corruption Task Team. Most of those requests are still being processed
In addition, where a project is of a sensitive nature, clearance for certain activities has to be obtained from the SSA. For example, in respect of the Nkandla investigation, the SSA required that members who were to be part of the team that conducted the in loco inspection had been cleared by the SSA.
The level at which clearance is required in general or in respect of a particular matter is determined by the SSA.

(2) The requisite application for security clearance for the certain person is being processed by the SSA.

(3) Following a request to this effect by the members of the SIU who were involved in the Nkandla investigation, the Head of the Unit is of the view that they should not be named. Their request is with respect not unreasonable.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1539

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

How many practising attorneys were sentenced to terms of imprisonment for theft of trust monies in (i) 2009, (ii) 2010, (iii) 2011, (iv) 2012 and (v) 2013 and (b) of these, how many (i) are still in prison, (ii) were pardoned or (iii) had their records expunged by the President in each specified year? NW1909E

Reply

(a) (i) – (v) and b(i) I have been informed that the Department of Justice and Constitutional Development does not have this information readily available. It is recommended that the Honourable Member requests the Law Society of South Africa for such information.

(b) (ii) and (iii) The Department is not aware of any attorney who were sentenced for theft of trust monies between 2009 and 2013 and were pardoned by the President. The only way for the President to have a criminal record expunged is to grant a pardon.

Reply received: October 2014

QUESTION NO:1496

Ms P T van Damme (DA) to ask the Minister of Justice and Correctional Services:

Whether (a) his department and/or (b) any entities reporting to it sponsored political party (i) advertisements, (ii) events and/or (iii) paraphernalia in the (aa) 2011-12, (bb) 2012-13 and (cc) 2013-14 financial years; if so, (aaa) for which political party and (bbb) what was the monetary value of the sponsorship in each case? NW1862E

REPLY:

(a)(b)(i) (ii)(iii)(aa)(bb)(cc)(aaa)(bbb)

No, the Department of Correctional Services did not sponsor any political party advertisements, events or paraphernalia.

Reply received: September 2014

PARLIAMENTARY QUESTION NO: 1463

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Mr S C Motau (DA) to ask the Minister of Justice and Correctional Services:

What is the quantum of funds spent by his department on all advertising for each financial year between 1 April 2010 up to the latest specified date for which information is available? NW1829E

Reply

1 April 2010 - 31 March 2011

1 April 2011 - 31 March 2012

1 April 2012 - 31 March 2013

1 April 2013 - 31 March 2014

1 April 2014 - 31 August 2014

18,774,378.22

51,475,528.74

22,320,916.22

27,782,680.60

5,846,042.38

Total

126,199,546.16

Reply received: October 2014

QUESTION NO:1431

Mr A G Whitfield (DA) to ask the Minister of Justice and Correctional Services:

(a) Which travel agents has his department used during the period 1 April 2012 up to the latest specified date for which information is available and (b) what is the quantum of funds spent with each of the specified travel agents in the specified period? NW1796E

REPLY:

(a) The travel agents used by the Department are as follows:

Siyawella Travelling

Clur Travel

Lets Fly Travel Agency

Imihlali Travel

Chanti Travel

Connex

The Travel Agency

Kula Travels Tour

Gemini Moon Trading F (PTY) LTD

(b)Expenditure on travel agents is as follows:

Travel agents

2012/13

2013/14

2014/15

TOTAL EXPENDITURE

R'000

R'000

R'000

R'000

Siyawella Travelling

90

855

790

1 735

Clur Travel

2

1 560

308

1 870

Lets Fly Travel Agency

474

3

0

477

Imihlali Travel

23

649

123

795

Chanti Travel

17 657

33 528

8 740

59 925

Connex

3 384

7 227

1 556

12 167

The Travel Agency

1 445

3 171

984

5 600

Kula Travels Tour

0

361

159

520

Gemini Moon Trading F (Pty) Ltd

31 311

61 920

61 543

154 774

Total

54 386

109 274

74 203

237 864

Reply received: November 2014

PARLIAMENTARY QUESTION NO: 1407

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Mrs D Robinson (DA) to ask the Minister of Justice and Correctional Services:

(1) How many Thutuzela Care Centres are there;

(2) How many of these centres are fully (a) functional and (b) operative;

(3) What is the (a) breakdown of staff and (b) average number of clients at each centre;

(4) Are there any plans to build more centres; if so, what is the (a) time frame, (b) target and (c) budget allocated? NW1772E

Reply

(1) The number of Thuthuzela Care Centres (TCCs) by the end of March 2014, was 51 sites.

(2) The number of operational sites at the end of March 2014 was 38, with an additional 13 sites (totaling 51) providing services. The criteria for determining the operational status of a site is included in the NPA Annual Performance Plan (APP) and the SOCA APP. It entails the following:

a) Infrastructure for a TCC-site being in place either in a hospital / clinic facility or a park-home on the premises.

b) Essential equipment & furniture as per SOCA TCC list in place.

c) TCC-staffing as provided by SOCA NPA, two of the three positions filled either on contract or permanent appointment. These positions are for a site-coordinator, a victim assistant officer and a case manager.

d) The availability of services rendered in house or on call as provided by the NPA, Department of Health, SAPS, including psychological counselling.

e) The existence of stakeholder co-operation per site.

f) Training conducted as part of the Integrated model with stakeholders and or prosecutorial specific training on sexual offences and the law.

It must be noted that for a TCC-site to be regarded as operational all of the above criteria must be in place. If it is lacking any of the criteria it will not be regarded as operational but can still be delivering a service in line with the TCC-model, which explains the distinction between 38 operational sites and 13 sites providing a service.

(3) The reply in question 2 what is the breakdown of staff. See the link

(a) We have currently http://www.pmg.org.za/rnw14074141021table

48 Site Coordinator ,

33 Victim Assistant Officer

25 Case Managers and on our establishment. The reasons why the numbers does not tally with the number of the TCC is due to vacancies.

(b) what is the average number of clients at each TCC

Domestic Violence

Human Trafficking

Children's Act

Sexual Offences

TCC

CHILDREN

ADULTS

TOTAL

CHILDREN

ADULTS

TOTAL

CHILDREN

TOTAL

CHILDREN

ADULTS

TOTAL

TOTAL MATTERS

Nthabiseng, Bara

0

21

21

0

0

0

0

0

86

44

130

151

Karl Bremer

0

0

0

0

0

0

0

0

94

55

149

149

Port Elizabeth

0

0

0

0

0

0

0

0

115

14

129

129

Umlazi

0

2

2

0

0

0

0

0

84

41

125

127

Khayelitsha

1

18

19

0

0

0

0

0

51

54

105

124

Phoenix

0

0

0

0

0

0

0

0

67

44

111

111

Kopanong

5

0

5

0

0

0

4

4

45

47

92

101

Tembisa

0

2

2

0

0

0

5

5

48

40

88

95

Edendale - Maritzburg

1

0

1

0

0

0

0

0

53

37

90

91

RK Khan - Chatsworth

0

2

2

0

0

0

0

0

62

24

86

88

Tshilidzini, Thohoyando

3

50

53

0

0

0

1

1

11

16

27

81

Manenberg

0

0

0

0

0

0

0

0

43

32

75

75

Mdantsane - EL

0

0

0

0

0

0

0

0

41

33

74

74

Klerksdorp

0

3

3

0

0

0

3

3

39

29

68

74

Natalspruit

0

0

0

0

0

0

0

0

41

32

73

73

Mthatha

0

0

0

0

0

0

0

0

27

44

71

71

George

0

0

0

0

0

0

4

4

34

31

65

69

Laudium

1

39

40

0

0

0

0

0

12

14

26

66

Worcester

0

14

14

0

0

0

8

8

18

22

40

62

Tshepong, Bloemfontein

0

0

0

0

0

0

1

1

23

35

58

59

Ngwelezane-Empangeni

0

0

0

0

0

0

0

0

37

19

56

56

Kopano - Welkom

0

0

0

0

0

0

0

0

20

35

55

55

Port Shepstone

0

0

0

0

0

0

0

0

27

18

45

45

Stanger

0

0

0

0

0

0

0

0

26

18

44

44

Mahikeng

0

0

0

0

0

0

0

0

24

18

42

42

Lenasia South

3

14

17

0

0

0

0

0

13

8

21

38

Themba, Nelspruit

0

0

0

0

0

0

0

0

12

21

33

33

Butterworth

0

0

0

0

0

0

3

3

15

14

29

32

Kimberley

0

2

2

0

1

1

0

0

15

13

28

31

Potchefstroom

0

1

1

0

0

0

0

0

15

14

29

30

Mangkweng

0

0

0

0

0

0

0

0

13

15

28

28

Job Shimankana

0

1

1

0

0

0

0

0

11

16

27

28

Mamelodi

0

0

0

0

0

0

1

1

17

9

26

27

Seshego

0

0

0

0

0

0

0

0

12

14

26

26

De Aar

1

4

5

0

0

0

0

0

9

9

18

23

Bizana

0

0

0

0

0

0

0

0

15

7

22

22

Tonga

0

0

0

0

0

0

4

4

14

3

17

21

Witbank

0

0

0

0

0

0

0

0

14

7

21

21

Phekolong - Bethlehem

0

1

1

0

0

0

1

1

8

10

18

20

Libode - Mthatha

0

0

0

0

0

0

0

0

12

5

17

17

Mokopane

0

0

0

0

0

0

0

0

8

8

16

16

Nkhensani - Giyani

0

0

0

0

0

0

0

0

12

4

16

16

Ermelo

0

0

0

0

0

0

0

0

11

5

16

16

Lusikisiki

0

0

0

0

0

0

0

0

9

6

15

15

Metsimaholo - Sasolburg

0

0

0

0

0

0

0

0

7

8

15

15

Kuruman

0

5

5

0

0

0

0

0

5

5

10

15

Taung

0

1

1

0

0

0

0

0

3

9

12

13

Taylor Bequest, Matatiele

0

0

0

0

0

0

0

0

8

3

11

11

Musina

0

0

0

0

0

0

0

0

5

3

8

8

Madadeni (vacant)

0

0

0

0

0

0

0

0

0

0

0

0

Evander (vacant)

0

0

0

0

0

0

0

0

0

0

0

0

Springbok (vacant)

0

0

0

0

0

0

0

0

0

0

0

0

15

180

195

0

1

1

35

35

1391

1012

2403

2634

The average clients at each Thuthuzela differs as reflected on the above spread sheet this also dependent on the availability of Staff. It also differes from Province to Province . One will notice that for Evander and Springbok there are no numbers reflected as there were no staff member during August 2014

In total for the said financial year a number of 30 706 matters were reported at the 51 TCC-sites. These matters reported fluctuate between, Domestic violence, Children's Act, Trafficking in persons and Sexual Offences, of which the sexual offences matters reported are dominant (it accounted for 91% of all matters reported). In addition, of these matters reported regarding sexual offences 56.1% are in relation to children being the complainants.

(4) Yes there are plans to build new TCC at the following places Atlantis (WC), Groblersdal (Limpopo), King Williams Town (EC) & Madadeni (New Castle, KZN).

(c) The NPA together with the NPA's FPD-partner (Usaid donor funding) already initiated stakeholder cooperation and infrastructure facilities at the relevant sites.

(d) The NPA has received funds from USAID to fund the establishment of 4 new Thuthuzela Care Centres.

The breakdown of the what is the (a) time frame, (b) target and (c) budget allocated?

(a) The establishment will start in the 2014/2015 financial period and the handing over to the NPA will be in 2015/2016 financial period in the middle of financial period 2015

The current running cost to the NPA for the 'average TCC' is made up as follows:

cost

Per month

Per annum

Furniture for SC/VAO/CM

Once Off

300000

Fax

3500

42 000

Groceries

667

8 000

Clothing

2500

30 000

3G

750

9 000

Telephone

2500

30 000

Rentals

3200

38 400

Cellphones VAO, SC and Case Manager

1950

21 600

Travelling

15000

180 000

Running cost total

30 067

659 000

Salaries SC (219506.88 pa, VAO 177798.60 and 654 000 pa)

87 509

1 051 306

Total running costs

117 576

1 710 306 x 4= R 6 841 224

The budget that will be required for 2015/2016 financial period for the taking over of the TCC including goods and services will be R5 641 224 as the furniture's and equipment's shall have been procured by USAID. The contract period will expire after 5 years

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1379

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:

(a) How many times has his department received a request from the SA Human Rights Commission (SAHRC), in line with section 184(3) of the Constitution of the Republic of South Africa, 1996, to provide a report on measures taken by his department towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment in the (i) 2011-12, (ii) 2012-13 and (iii) 2013-14 financial years,

(b) How many times did his department submit such a report to the SAHRC and

(c) Was each specified report (i) made readily available to the public or (ii) tabled in Parliament? NW1743E

Reply

(a) (i); (ii) and (iii) I have been informed that as far as can be ascertained, the Department of Justice and Constitutional Development has not received any requests from the South African Human Rights Commission to provide reports in this regard in view thereof that the Department is not responsible for housing, health care, food, water, social security, education nor the environment.

(b) Falls way.

(c) (i) and (ii) falls away.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1378

DATE OF QUESTION: 12 SEPTEMBER 2014

DATE OF SUBMISSION: 26 SEPTEMBER 2014

Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:

(1) Whether he (a) encouraged or (b) instructed the National Prosecuting Authority (NPA) not to discuss (i) internal organisational matters and (ii) matters related to the NPA's Integrity Management Unit specifically (aa) in public or (bb) in the media; if so, on which constitutional or statutory provisions did he rely when he issued such an instruction;

(2) Whether he relies on any powers in law or the Constitution of the Republic of South Africa, 1996, for issuing any instruction to the NPA; if so, can he please list (a) the nature of any such instructions, (b) the specific relevant constitutional or statutory provisions enabling such instruction and (c) all recent instances of such instructions? NW1742E

Reply

I wish to inform the Honourable Member that I have not issued any instructions relating to the matters referred to in the question to the Prosecuting Authority. However, discussions were held with the Executive Committee of the Prosecuting Authority on the code of conduct of the organisation. In this regard it is important to note that the code of conduct which shall be complied with by all members of the prosecuting authority is, in terms of section 22(6)(a) of the National Prosecuting Authority Act, 1998 (Act No 32 of 1998) (the NPA Act) framed by the National Director of Public Prosecutions in consultation with the Minister, and after consultation with the Deputy National Directors and Directors of Public Prosecutions.

The Cabinet member responsible for administration of justice has been given final responsibility over the Prosecuting Authority in terms of section 179 (6) of the Constitution of the Republic of South Africa, 1996, read with section 33 of the NPA Act.

I have not instructed the Prosecuting Authority on any matter that was not a subject of discussion and collective decision with the Executive Committee of the Prosecuting Authority. When I intervened regarding the media issues at the time, the NDPP and entire NPA Executive accepted and respected my (the Minister's) intervention and made commitment to desist from such conduct in the media, in the interest of the organisation.

Reply received: October 2014

PARLIAMENTARY QUESTION NO: 1334
DATE OF QUESTION: 12 SEPTEMBER 2014
DATE OF SUBMISSION: 26 SEPTEMBER 2014
Mr W M Madisha (Cope) to ask the Minister of Justice and Correctional Services:


Whether he has taken note of the Supreme Court of Appeal's (SCA) criticism of the office of the National Director of Public Prosecutions (NDPP) on two separate occasions for being less than candid and forthcoming and for being loath to take an independent view about confidentiality, or otherwise of documents and other materials within its possession, particularly in the face of an order of the SCA; if not, why not; if so, what has he done to rectify the situation so that its unbecoming conduct did not continue to undermine the esteem in which the office of the NDPP ought to be held by the citizenry of this country? NW1529E

Reply

I wish to inform the Honourable Member that, I have taken note of the Supreme Court of Appeal's judgment in this regard. I am considering the judgment and will make appropriate interventions, in consultation with the National Director of Public Prosecution, in due course.

Reply received: December 2014

QUESTION NO: 1238

Dr P J Groenewald (FF Plus) to ask the Minister of Justice and Correctional Services:

(1) How many escapes by (a) detainees and/or (b) prisoners in Barkly East have taken place (i) in (aa) 2011, (bb) 2012, (cc) 2013 and (ii) since 1 January 2014;

(2) what were the charges against the (a) detainees and/or (b) prisoners who escaped in each case;

(3) how did the escapes take place;

(4) has anyone been (a) investigated and/or (b) charged in this regard; if not, why not; if so, what punitive measures were inflicted on the other persons involved;

(5) Whether he will make a statement on the matter? NW1498E

REPLY:

1.

Year

No.

2011

2012

2013

2014

Remand Detainees

(a )(i) (aa)

0

(a) (i) (bb)

11

(a) (i) (cc)

0

(a) (ii)

4

Sentenced Offenders

(b) (i) (aa)

0

(b) (i) (bb)

0

(b) (i) (cc)

0

(a) (ii)

0

2. (a) 2012 escape: There was a mass escape and 11 remand detainees escaped their charges were as follows:

25 July 2014 escape (11 RDs

25 July 2014 (4 RDs)

Charges

Charges

  • House breaking and theft
  • Rape
  • Escape (additional)
  • · Rape

    • Escape (additional)
    • Rape Murder
    • Escape ( additional )
    • Robbery aggravating
    • Escape
    • Murder
    • Murder
    • Theft out of motor vehicle
    • Robbery aggravating
    • Escape (additional)
    • Housebreaking and theft
    • Escape (additional)
    • Murder
    • Theft out of motor vehicle
    • Robbery aggravating
    • Escape (additional)
    • Stock theft
    • Escape (additional)
    • Robbery aggravating
    • Escape(additional )
    • Housebreaking with the intent to rape
    • Rape
    • Escape ( additional)

    · Rape

    · Murder

    · Escape (additional)

    · Theft out of motor vehicle

    · attempted murder

    · Housebreaking and theft

    · Escape (additional)

    · Murder

    · Escape (additional)

    · Murder – counts

    · Escape (additional)

    2012 escape: The court case for escape for 10 other escapees is still in progress and the court date is 8 and 9 September 2014.

    2014 escape: All (4) detainees charged with escape from law full custody. Case not finalised as yet.

    (b) N/A

    3. 2012 escape: They broke the padlock.

    2014 escape:They went through the hole in the door into the court yard from where the escaped over the wall using tied sheets as a ladder.

    4 (a) and (b) 2012 escape: Yes. The internal investigation was finalised. Unfortunately he died before he could be tried.

    2014 escape: The internal investigation is not yet finalised. An official of DCS was arrested by the South African Police Services and charged criminally for aiding an escape. He is currently out on bail

    5. Not applicable to this office.

    Reply received: September 2014

    QUESTION NO: 1203
    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:


    For each prison, how many requests to study in prison have been denied in the (a) 2012-13 and (b) 2013-14 financial years? NW1441E

    REPLY:

    Introduction

    The Department of Correctional Services facilitates education to offenders by allowing access to Adult Education and Training (AET Levels 1- 4 or Grade 9 and below) as well as Further Education and Training (FET) mainstream courses (up to grade 12). Access to FET College Programmes as well as to programmes of institutions of Higher Learning is governed by certain admission criteria which determine whether offenders will be allowed to or not, to study at or through such institutions.

    (a) During the 2012113 financial year, in none of the 6 Regions of the Department of Correctional Services, any request to study by offenders who met the admission criteria for the courses that they applied for, had been denied. At Tswelopele Correctional Centre however, in 2013 an offender requested to study an on-line course in Islamic faith but upon further enquiry the particular course was found to be not accredited and the offender subsequently lost interest in pursuing the course.

    (b) During the 2013114 financial year, in none of the 6 Regions of the Department of Correctional Services, any request to study by offenders who met the admission criteria for the courses that they applied for, had been denied.

    During 2014 there was an application from an offender, from Tswelopele Correctional Centre, who applied to be transferred to Kgosi Mampuru II Management Area to pursue a course in Civil Engineering due to the fact that such course is not offered at Tswelopele. The request for transfer was forwarded to the relevant Head of Centre at Kgosi Mampuru II and evaluation of the request is still underway.

    Reply received: September 2014

    QUESTION NO: 1152
    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:

    (1) On what basis has a certain prisoner (details furnished) been denied the right to transfer to Pretoria Prison in 2015 where a specific course is being offered in order to further the goal of higher education;

    (2) what criteria are used to determine whether a prisoner will be granted permission to further his or her studies in prison;

    (3) on what grounds will a prisoner be allowed to transfer to a different prison for the purpose of pursuing a specific tertiary course;

    (4) how many requests to study in prison have been denied at a certain prison (details furnished) in the (a) 2012-13 and (b) 2013-14 financial years?
    NW1390E

    REPLY:

    (1) During 2014 there was an application from the mentioned prisoner, from Tswelopele Correctional Centre, who applied to be transferred to Kgosi Mampuru II Management Area to pursue a course in Civil Engineering due to the fact that such course is not offered at Tswelopele. The request for transfer was forwarded to the relevant Head of Centre at Kgosi Mampuru II and evaluation of the request is still underway.

    (2) All offenders in our centres are afforded an opportunity to study further. The Department of Correctional Services facilitates education to offenders by allowing access to Adult Education and Training (AET Levels 1- 4 or Grade 9 and below) as well as Further Education and training (FET) mainstream courses (up to grade 12). Access to FET College Programmes as well as to programmes of institutions of Higher Learning is governed by certain admission criteria which determine whether offenders will be allowed to or not, to study at or through such institutions.

    (3) An offender will be allowed to be transferred to another correctional facility for pursuing a specific tertiary course if such course is not presented at the facility where the offender is currently accommodated. Such an offender's request for transfer would then be forwarded to the Head of the relevant centre. The offender, when informed of the unavailability of the course he wanted to pursue, was thereafter referred to the Case Management Committee for further placement.

    (4) No offender was denied an opportunity to study at the mentioned correctional centre in either the 2012/13 or 2013/14 financial years, however:

    (4)(a) In 2013 an offender requested to study an on-line course in Islamic faith and upon further inquiry the particular course was found not to be accredited and the offender subsequently lost interest in the course;

    (4)(b) In 2014 there was an application from the offender mentioned in paragraph 1, from Tswelopele Correctional Centre, who applied to be transferred to Kgosi Mampuru II Management Area to pursue a course in Civil Engineering due to the fact that such course is not offered at Tswelopele. The request for transfer was forwarded to the Head of Centre at Kgosi Mampuru II and evaluation of the request is still underway.

    Reply received: September 2014

    QUESTION NO: 1150
    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:

    (a) How many remand detainees were detained in prisons, (b) what is the average length of detention of remand detainees and (c) how many remand detainees (i) received a noncustodial sentence or (ii) were acquitted in the (aa) 2011-12, (bb) 2012-13 and (cc) 2013-14 financial years?
    NW1388E

    REPLY:

    (a) The number of remand detainees per financial year:

    Financial year

    Female

    Male

    Total

    2011/12

    1 030

    44 833

    45 898

    2012/13

    988

    44 742

    45 730

    2013/14

    1 005

    43 853

    44 858

    (b) On 31 March 2014 the average length of detention was 176 days which was a reduction of 13 days from the average length of detention of 189 days which was the baseline as on 1 April 2013.

    (c) To be provided by Department of Justice and Constitutional Development.

    Reply received: October 2014

    PARLIAMENTARY QUESTION NO: 1071
    DATE OF QUESTION: 29 AUGUST 2014
    DATE OF SUBMISSION: 12 SEPTEMBER 2014
    Mr M G P Lekota (Cope) to ask the Minister of Justice and Correctional Services:


    (1) Whether, with reference to the Government's obligation in respect of the Rome Statute of the International Criminal Court, the Government has taken steps to implement the ruling by the Supreme Court of Appeal in November 2013 which requires South African prosecutors and police to investigate alleged acts of torture by other countries; if not, why not; if so, what are the relevant details;

    (2) Whether the Government is actively advancing the provisions of the Rome Statute of the International Criminal Court; if not, why not; if so, what are the relevant details? NW1241E

    Reply

    (1) The South African Police Service has launched an appeal against the decision of the ruling of the Supreme Court of Appeal to the Constitutional Court. Government will be guided by the decision of the Constitutional Court.

    (2) Government is actively advancing the provisions of the Rome Statute of the International Criminal Court. South Africa was one of the first countries to implement the provisions of the Rome Statute by promulgating the Implementation of the Rome State of the International Criminal Court Act, No 27 of 2002, which commenced on 16 August 2002.

    The South African Police Service Act, No 68 of 1995, vests the authority to investigate contraventions of Act 27 of 2002 with the Directorate for Priority Crime Investigation (commonly referred to as the DPCl and/or the Hawks). The latter Directorate have further ring-fenced a dedicated component in its Head Office, namely, the Crimes Against the State component (CATS), to investigate contraventions of Act 27 of 2002.

    On 24 March 2003, former South African President, the Honourable President Thabo Mbeki, created the Priority Crimes Litigation Unit (PCLU), headed by a Special Director of Public Prosecutions, in the office of the National Director of Public Prosecutions, to inter alia manage and direct the investigation and prosecution of crimes contemplated in Act 27 of 2002. (See Proclamation No. 46 of 2003, Government Gazette No. 24876, dated 23 May 2003). As such, the PCLU inter alia manages and directs the investigation of matters submitted to it by the DPCl and/or CATS of alleged contraventions of Act 27 of 2002. To this end, the PCLU provides technical and legal guidance to the DPCl and/or CATS investigators in the investigation of such matters.

    The incorporation of the Rome Statute into South African law and the creation of a dedicated component in the SAPS to investigate such offences and in the National Prosecuting Authority to manage and direct the investigation and prosecution of such offences are indicative of Government's initiatives and commitment to advancing the provisions of the Rome Statute.

    Reply received: September 2014

    QUESTION NO: 941

    Ms K Litchfield-Tshabalala (EFF) to ask the Minister of Justice and Correctional Services:

    (1) With regard to the briefing by the former Minister of Correctional Services to the Portfolio Committee on Correctional Services on Tuesday, 5 November 2013 regarding an estimated R20bn contract with a British security company (details furnished) to run private prisons, what plans has he put in place in respect of private prisons:

    (2) when will he provide a detailed outline of the way forward in respect of private prisons? NW1074E


    REPLY:

    1. The status of the PPP programme of five correctional facilities that was cancelled with the support of Parliament in 2011 due to:-

    i. The unjustifiably high cost to the department of the service to be supplied by the private partner, and

    ii. The transfer of the execution of core business functions - but not the accountability - from the department to the private partner is as follows:-

    2. The Department facilitated an internal engagement with the aim of rationalising the provision of 15 000 bed-spaces that were to be created by the PPP projects and identifying alternative sites for the location of the new replacement facilities. As a result, eighteen (18) facilities were proposed for the five Regions. All eighteen projects were subjected to pre-feasibility studies which were conducted by the Department of Public Works and pre-feasibility reports were completed. A bid was submitted to National Treasury for funding of the projects in three phases of six projects each, from 2015/16 onwards. All the projects are to undergo full feasibility studies as is required by National Treasury Regulations of any infrastructure projects that are funded under the capital budget.

    (a) The time frames for the completion of these facilities will be heavily influenced by the availability of funding.

    (b) The preliminary cost estimates (which are subject to change due to inflation, individual site conditions and other factors) for the planning and construction of these facilities are R6,6 billion - R8,4 billion which has not been budgeted for. The original funds of R2 billion for the PPPs which were reserved by the National Treasury were withdrawn upon cancellation of the programme.

    Find here: (c) The eighteen facilities that have been proposed for approval are as follows:

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 877
    DATE OF QUESTION: 01 AUGUST 2014
    DATE OF SUBMISSION: 15 AUGUST 2014

    Mr H C Schmidt (DA) to ask the Minister of Justice and Correctional Services:


    (1) Whether, with reference to a judgment by the Supreme Court of Appeal in respect of a certain case (details furnished), a nolle prosequi certificate has to date been issued by the National Director of Public Prosecutions and/or the Director of Public Prosecutions for the Northern Cape; if so, on which date such nolle prosequi certificate was issued;

    (2) whether he is aware of any private prosecution having been instituted resulting from the issuing of the above certificate? NW966E

    REPLY

    (1) The NPA confirms that the Nolle Prosequi Certificate was issued on 14 April 2014 and the Director of Public Prosecutions (DPP) for Northern Cape signed it on 15 April 2014.

    (2) The DPP confirms that her office has not received any request I application for private prosecution.

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 862

    DATE OF QUESTION: 01 AUGUST 2014

    DATE OF SUBMISSION: 15 AUGUST 2014

    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:

    (1) Whether he has delegated any functions to the Secretary-General in terms of section 11(4) of the Superior Courts Act, Act 10 of 2013; if so, (a) which functions, (b) to what extent and (c) with effect from what date; if not,

    (2) whether he intends to delegate any functions to the Secretary-General in terms of the specified subsection 4; if so, (a) which functions, (b) to what extent and (c) with effect from which date;

    (3) whether any authorisations to act in the place of an absent or incapacitated officer or vacant office have been made in terms of section 11(2) of the Act since 12 August 2013; if so, (a) what authorisations were made and (b) in terms of which positions respectively?

    Reply

    (1) (a) The erstwhile Minister of Justice and Constitutional Development, Mr JT Radebe, delegated following functions, to the Secretary-General:

    · Appointment, promotion and transfer of employees;

    · Job evaluations;

    · Compensation of employees;

    · Performance management and development;

    · Labour relations; and

    · Agreements concluded with the Public Service Co-ordinating Bargaining Council (PSCBC).

    This delegation has not been rescinded, it is therefore still in force.

    (b) All powers with regards to the aforementioned bestowed upon the Executive Authority in terms of the Public Service Act, 1994 (Act 103 of 1994) Public Service Regulations, 2001 and Public Service Co-ordinating Bargaining Council resolution read with Subsection 11(4) of the Superior Courts Act, 2013 (Act 10 of 2013) is delegated to the Secretary-General.

    (c) The aforementioned powers, duties and responsibilities were delegated on 16 April 2014.

    (2) Falls away.

    (3) No authorizations to act in the place of an absent or incapacitated officer or vacant office have been made in terms of section 11(2) of the Superior Courts Act, 10 of 2013 since 16 August 2013. The transfer of relevant resources to facilitate proper exercising of delegations is still to be finalized between the DoJ&CD and the OCJ.

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 790
    DATE OF QUESTION: 25 JULY 2014
    DATE OF SUBMISSION: 08 AUGUST 2014
    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


    (1) Whether (a) he, (b) the Deputy Ministers, (c) the Director-General or (d) any of his staff (i) attended, (ii) accepted an invitation and/or (iii) received tickets to the 2014 Soccer World Cup in their official capacity; if so, what are the relevant details including the (aa)(aaa) names and (bbb) positions of those who attended and (bb) breakdown of the amounts spent by his department on (aaa) travel, (bbb) accommodation, (ccc) entertainment and (ddd) any further specified expenses;

    (2) (a) what is the breakdown of the amount spent by his department on any persons accompanying (i) him, (ii) the Deputy Ministers, (iii) the Director-General or (iv) any of his staff to attend the 2014 Soccer World Cup including (aa) travel, (bb) accommodation, (cc) entertainment and (dd) any further costs and (b) in each case, what is the (i) relationship and (ii) reason for accompanying the relevant person?

    NW877E

    REPLY

    (1) Neither the (a) Minister, (b) Deputy Ministers, (c) Director-General or (d) any of my staff attended, accepted an invite and or received tickets to the 2014 World Cup in their official capacity.

    (2) Falls away.

    Reply received: September 2014

    QUESTION NO: 741
    Mrs G Breytenbach (DA) to ask the Minister of Correctional Services:

    (a) How many (i) judgments and (ii) court orders were made against his department in the (aa) 2010-11, (bb) 2011-12, (cc) 2012-13 and (dd) 2013-14 financial years and (b) in each case, (i) how many of these (aa) were implemented and (bb) await implementation by his department and (ii) what was the nature of the (aa) judgment and/or (bb) court order? NW828E

    REPLY

    Find here: Reply

    Reply received: December 2014

    728. Mr J Selfe (DA) to ask the Minister of Justice and Correctional Services:

    (1) What are the full details of the (a) members and (b) delegations of authority given to

    each of the (i) bid evaluation committee and (ii) bid adjudication committee for the

    tender for the electronic tagging system for his department;

    (2) whether at any stage during the (a) bid evaluation committee or (b) bid adjudication

    committee deliberations on the specified tender the delegations of the committee

    members were withdrawn; if so, (i) by whom were the delegations withdrawn and

    (ii) who made the final decision on the awarding of the tender to a certain company

    (name furnished)? NW812E

    The following were members of the Bid Evaluation Committee

    1st Bid Process

    (1)(a)(i) Bid Evaluation Committee

    DESIGNATION

    NAME

    ROLE

    Director: Supervision (Parolees & Probationers)

    Chairperson

    EPMO: Project Manager

    Mr. F Matabane

    Project Manager

    DC: Applications Management

    Mr. M Linda

    Committee Member

    Director: IT Infrastructure

    Mr. Motloung

    Committee Member

    Project Manager: GITO

    Mr. Mekge

    Committee Member

    DD: Contract Manager

    Mr. MJ Koto

    Committee Member

    DD: Legal Services

    Ms. R Phahlane

    Committee Member

    Assistant Director: Monitoring

    Mr. JS van der Mervwe

    Secretariat

    (1)(a)(ii) Bid Adjudication Committee (8 April 2014)

    DESIGNATION

    NAME

    ROLE

    CDC: Community Corrections

    Ms. P Mathibela

    Committee Member

    CDC: GITO

    Ms. N Mosupye

    Chairperson

    CDC: Remand Detention

    Ms. B Rotman

    Committee Member

    Act: CFO

    Ms. N Mareka

    Committee Member

    CDC: Incarceration & Corrections

    Mr. J Smalberger

    Committee Member

    CDC: Human Resources

    Mr. TMI Mokoena

    Committee Member

    Act CDC: Strategic Management

    Mr TB Raseroka

    Committee Member

    DC: Supply Chain Management

    Mr. MM Ngubo

    Committee Member

    Act DC: Legal Services

    Mr. L Thekisho

    Committee Member

    2nd Bid Process

    (1)(a)(i) Bid Adjudication Committee (8 April)

    DESIGNATION

    NAME

    ROLE

    DC: Social Re-Integration

    Ms. V Kokong

    Chairperson

    Director: Supervision (Parolees & Probationers)

    Mr. MR Ntuli

    Vice Chairperson

    EPMO: Project Manager

    Mr. F Matabane

    Project Manager

    Director: IT Infrastructure

    Mr. M Motloung

    Committee Member

    Director: Information Management

    Ms. Z Dlula

    Committee Member

    Major General

    Mr. Buthelezi

    Committee Member

    DD: Contract Management

    Mr. MJ Koto

    Committee Member

    Director: Project Management

    Mr. Mokadi

    Committee Member

    Assistant Director: Monitoring

    Mr. JS van der Merwe

    Secretariat

    Deputy Director

    Ms. T Badirwang

    Secretariat

    (1)(a)(ii) Bid Adjudication Committee (18 April 2014)

    DESIGNATION

    NAME

    ROLE

    CDC: GITO

    Ms. N Mosupye

    Chairperson

    CDC: Remand Detention

    Ms. B Rotman

    Committee Member

    Act: CFO

    Ms. N Mareka

    Committee Member

    CDC: Incarceration & Corrections

    Mr. J Smalberger

    Committee Member

    CDC: Human Resources

    Mr. TMI Mokoena

    Committee Member

    Act CDC: Strategic Management

    Mr TB Raseroka

    Committee Member

    DC: Supply Chain Management

    Mr MM Ngubo

    Committee Member

    Act DC: Legal Services

    Mr L Thekisho

    Committee Member

    (1)(a)(ii) Bid Adjudication Committee (15 April 2014)

    DESIGNATION

    NAME

    ROLE

    CDC: Community Corrections

    Ms. P Mathibela

    Committee Member

    CDC: Remand Detention

    Ms. B Rotman

    Committee Member

    Act: CFO

    Ms. N Mareka

    Committee Member

    CDC: Incarceration & Corrections

    Mr. J Smalberger

    Committee Member

    CDC: Human Resources

    Mr. TMI Mokoena

    Committee Member

    Act CDC: Strategic Management

    Mr TB Raseroka

    Committee Member

    DC: Supply Chain Management

    Mr MM Ngubo

    Committee Member

    Act DC: Legal Services

    Mr L Thekisho

    Committee Member

    (1)(b)(i) The Bid Evaluation Committee was responsible for the evaluation of all the bids received and the compiling and submitting of a recommendation regarding the award of the Bid Adjudication Committee.

    (1)(b)(ii)The Bid Adjudication Committee was responsible for the adjudication and awarding of all bids received until the 8th April 2014.

    With effective from the 15th April 2014, the Bid adjudication was delegated to consider the recommendation of the Bid Evaluation Committee and make recommendation of the Accounting Officer.

    (2)(a) No, there were no deliberations during the Bid evaluation Committee with regards to the withdrawal of delegations for the Electronic Monitoring tender.

    (2)(b) There were deliberations after members of the bid Adjudication Committee received letters withdrawing their delegations.

    (2)(b)(i)Yes, the delegations of the Bid Adjudication Committee were withdrawn by the former Acting National Commissioner Ms NJ Jolingana.

    (2)(b)(ii) The final decision on the awarding of the tender to Engineered Systems Solution was made by the former Acting National Commissioner Ms NJ Jolingana

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 721
    DATE OF QUESTION: 25 JULY 2014
    DATE OF SUBMISSION: 08 AUGUST 2014

    Ms T E Baker (DA) to ask the Minister of Justice and Correctional Services:


    (1) With reference to the Magistrate's office in Amersfoort, Mpumalanga, how many one-man offices have served for longer than (a) ten years and (b) twenty years;

    (2) are there any proposals being contemplated to have such magistrates transferred; if not, why not; if so, what are the relevant details? NW805E

    REPLY

    (1) There are currently 152 Magistrates' offices where only one magistrate post is provided on the judicial staff establishment [so-called one-man offices]. The current number of incumbents [magistrates] of these posts who have been serving at each of the offices for longer than (a) ten years is 52 and for longer than (b) twenty years is 33.

    (2) In terms of regulation 22 of the Regulations for Judicial Officers in the Lower Courts, 1993, a magistrate may -

    (a) upon due application;
    (b) with his or her consent; or
    (c) without his or her consent, but for good reasons and without favour or prejudice, if necessary in the interest of the administration of justice, be transferred upon the recommendation and direction of the Magistrates Commission.

    Magistrates are not transferred by the Magistrates Commission merely based on the period of service at a specific magistrate's office

    Reply received: September 2014

    QUESTION NO: 601
    Mr S Esau (DA) to ask the Minister of Justice and Constitutional Development:

    (1) How many (a) international and (b) domestic hotel bookings were made by (i) him, (ii) his predecessors and (iii) department officials attending (aa) workshops, (bb) seminars, (cc) oversight visits or (dd) any other relevant meetings of the portfolio committee in Parliament from 1 April 2013 up to the latest specified date for which information is available;

    (2) in respect of each specified booking, what was the (a) date, (b) name of the hotel, (c) number of delegates, (d) cost of the hotel booking for each delegate and (e) the nature of the relevant portfolio business dealt with? NW684E

    REPLY: Attached as Annexure 1

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 593

    DATE OF QUESTION: 18 JULY 2014

    DATE OF SUBMISSION: 01 AUGUST 2014

    Mr W Horn (DA) to ask the Minister of Justice and Correctional Services:


    (a) For what length of time has the South Gauteng High Court been undergoing renovations and upgrading and (b) what is the envisaged completion date of the project? NW676E

    REPLY

    (a) The project started in March 2009 with the original completion date of September 2011. The contract period was extended to June 2014. The project was delayed because the refurbishment of the court is taking place whilst the court is in full operation. The contractor is sometimes not able to work during the day as a result of the noise. Most of the work is therefore carried out during the court recess. Because the building is fully occupied, the contractor can only work on one floor per recess period and also allow for movement between floors. The scope of the works increased as the building is very old and the equipment (e.g. fire rational design; air conditioning) is no more compliant to the recent technology.

    (b) The project is 92% complete and expected to be completed in December 2016.

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 592

    DATE OF QUESTION: 18 JULY 2014

    DATE OF SUBMISSION: 01 AUGUST 2014

    Mr W Horn (DA) to ask the Minister of Justice and Correctional Services:


    (a) What is the current status of construction of the new high court in Nelspruit, (b)(i) how much has the project cost to date, (ii) for how long has the project been under way and (iii) how long over schedule is the project and (c) why has the project been subject to these delays? NW675E

    REPLY:

    (a) I have visited the construction site on 18 July 2014, and am satisfied that significant progress has been made with the construction of the new high court in Nelspruit. I have been informed that the Project will be completed in September 2015. .

    (b) (i) The amount spent on the project to date is R 99 614 013.
    (ii) The official site handover took place on the 9 September 2013.
    (iii) The contractual period for the construction is two years. .

    (c) The Project was delayed due to budgetary constraints as well as the completion of a Traffic Impact Assessment Report, which has since been approved.

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 591
    DATE OF QUESTION: 18 JULY 2014
    DATE OF SUBMISSION: 01 JULY 2014

    Mr W Horn (DA) to ask the Minister of Justice and Correctional Services:


    (a) Why was the National Prosecuting Authority's Aspirant Prosecutors Programme stopped last year, (b) what is his current position on the future of this programme and (c) what training will be provided to prosecutors joining the NPA in the absence of this programme? NW674E

    REPLY

    (a) I have been informed that the programme was put on hold due to financial constraints that the organization was experiencing during financial year 2013/14, but the moratorium was uplifted later in the same year after re-prioritisation of funds and the programme was resuscitated.

    (b) and (c) The programme is core to the NPA's recruitment strategy, in that it ensures that prosecutors that join the organisation at the entry level receive practical training on prosecutions and court work from experienced tutors over a period of 12 months.
    The aspirant prosecutors who enrolled in the programme for 2013 commenced training in November 2013 and the group for the 2014 intake commenced training in May 2014. The recruitment process for the 2015 is at its final stages and the entry examination is scheduled for 22 August 2014.

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 558
    DATE OF QUESTION: 18 JULY 2014
    DATE OF SUBMISSION: 01 AUGUST 2014

    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


    (1) What amount was spent in total as a result of the Serurubele Transformation Programme, (b) how many of the programmes or projects that resulted (i) were implemented, (ii) were finalised and (iii) are still in use today and (c) what amount was spent on each programme or project that (i) was not implemented, (ii) was not finalised and (iii) is not in use today;

    (2) Has any programme been identified as wasteful expenditure; if so, what action has been taken in this regard?

    REPLY

    (1) I have been informed that the Serurubele Transformation Programme was established in 2004 to improve the overall functioning of the NPA through solution design and implementation across the areas of Governance, Delivery and Resourcing.

    In terms of the Governance stream, which incorporated all governance related aspects, the following key projects and outcomes can be highlighted:

    Stakeholder analysis, which culminated with the first major stakeholder conference in 2007. Subsequently, these stakeholder conferences are still currently held annually, albeit on a smaller scale, to enhance the process of strategy development.
    Strategy Development (which culminated in the long-term (15-years) Strategy 2020).
    Macro-structure re-design the development of the ideal macro-structure for efficient prosecutions and ancillary processes.
    Governance Process Maps - a set of 250 governance processes were designed to enhance governance in the NPA. These include the institutionalisation of Enterprise Risk Management, Enterprise Architecture, and Enterprise Performance Management.
    Governance Index was developed, which identified the proper governance and management standards
    Business Unit Annual Plans were developed, and standardized templates for performance reporting were designed to ensure horizontal and vertical integrations. These are still being used currently.
    A policy segmentation and a Policy on Policies was developed, which is still in effect to date.

    With respect to the Delivery stream, the projects took a cue from Governance and entailed all process and systems aimed at service delivery to customers of the NPA, i.e. victims, complainants and witnesses. Key highlights of outcomes include:
    Delivery Handbook- currently being used to assist with training of prosecutors, particularly in the Aspirant Prosecutor Programme. It also includes other aspects of prosecutorial training such as sexual offences, used mainly by the Sexual Offences and Community Affairs Unit (SOCA). This handbook was also used extensively to inform inputs into the amended Sexual Offences and Related Matters Act
    Strategic initiatives, such as the Community Prosecutions model, were designed and implemented. However, subsequently the community prosecutions model was discontinued after the pilot phase, due to financial constraints related to intensive resource development requirements of the model.
    Delivery Process maps to core prosecutions-related processes were designed and are currently being implemented. The process of developing these was quite comprehensive and thorough.

    The Resourcing stream includes the development of a priority resourcing process which included a significantly enhanced recruitment process.

    Total expenditure on the transformation programme over the five financial years in which it operated, was R244 135 107. There is no cost breakdown per project available, as the costing was worked out for the entirety of the different phases, viz. the Mobilise Phase, the Understand Phase and the Create Phase.

    The Understand Phase was the most comprehensive and resource intensive phase. The research data and recommendations (e.g. Crime and Criminal Justice Public Survey) that emerged from that phase still remain relevant and useful in the current strategic planning processes of the NPA.

    (2) No. The programme was audited by the Auditor-General in the relevant years and there was never any finding made of wasteful expenditure related to the programme.

    Reply received: August 2014

    QUESTION FOR WRITTEN REPLY

    PARLIAMENTARY QUESTION NO: 557

    DATE OF QUESTION: 18 JULY 2014

    DATE OF SUBMISSION: 01 AUGUST 2014

    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

    (1) How far has the National Prosecuting Authority progressed regarding the tender awarded to Bosasa by his department of Correctional Services and (b) what is the timeline for the completion of this joint investigation;

    (2) Does the National Prosecuting Authority envisage instituting any prosecution in this matter; if not, why not? NW639E

    REPLY:-

    (1) (i) (a) and (b) I have been informed by the National Prosecuting Authority that there are outstanding investigations and that it is envisaged that it be finalised within the next six months. matter is under consideration for possible prosecution of identified suspects. (b) We are certain that the matter will be enrolled for prosecution; however we are unable to give time frames.

    (2) A final decision on the prosecution will be taken once the investigation is completed.

    Reply received: September 2014

    PARLIAMENTARY QUESTION NO: 556
    DATE OF QUESTION: 18 JULY 2014
    DATE OF SUBMISSION: 01 AUGUST 2014

    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


    (a) Why was a certain matter (details furnished) withdrawn from the Pretoria North Magistrates Court, both (i) initially and (ii) after the matter was re-enrolled following receipt of the forensic report and (b) what is the current state of progress on the matter?
    NW638E

    REPLY

    The Director of Public Prosecutions has requested the docket from the police with the view to establish reasons for the withdrawal. The Chief Prosecutor has been instructed to study the docket and make an informed decision.

    Reply received: August 2014

    PARLIAMENTARY QUESTION NO: 556
    DATE OF QUESTION: 18 JULY 2014
    DATE OF SUBMISSION: 01 JULY 2014
    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


    (1) How far has the National Prosecuting Authority progressed regarding the tender awarded to Bosasa by his department of Correctional Services and (b) what is the timeline for the completion of this joint investigation;

    (2) Does the National Prosecuting Authority envisage instituting any prosecution in this matter; if not, why not? NW639E

    REPLY

    (1) (i)(a) and (b)I have been informed by the National Prosecuting Authority that there are outstanding investigations and that it is envisaged that it be finalized within the next six months.

    (2) A final decision on the prosecution will be taken once the investigation is completed.

    Reply received: August 2014

    QUESTION NO: 552
    Mr J Selfe (DA) to ask the Minister of Justice and Correctional Services:


    (1) With reference to the reply to question 30 on 24 June 2014, (a) when did his Department of Correctional Services request the Department of Public Works to undertake a feasibility study into the possible disposal of Pollsmoor and Leeuwkop Correctional Centres and (b) what was the purpose of this request;

    (2) is it the intention of his department of Correctional Services to dispose of these properties; if so, (a) why, (b) when and (c) what is planned for the inmates currently accommodated at these correctional centers? NW634E


    REPLY:

    1. The Department of Correctional Services requested the Department of Public Works to undertake a feasibility study into the possible disposal of Pollsmoor and Leeuwkop Correctional Centres in exchange for new correctional centres.

    a. The initial request was sent to NDPW in August 2007 and the second request was sent to NDPW in November 2013.

    b. The purpose of the studies was to assess the market for interest within the private sector for developing the potential of the land in the further urbanisation strategies, as well as to determine the replacement values of the two correctional centres.

    2. The Department wishes to exchange Pollsmoor and Leeuwkop Correctional Centres with interested parties to replace the current facilities.

    a. The request was made due to the two centres being located within increasingly urbanised developments, the residents of which have expressed concerns around the security of the centres. As inmate populations have grown, the department has considered expanding Pollsmoor, but land area is limited on the site and the buildings are old, which will be costly to maintain and repair. The Department has also conducted a feasibility study to expand Leeuwkop, but the presence of an endangered species of bullfrog on the site created an environmental challenge, thereby rendering the expansions impossible.

    b. The exchange of the two properties can only happen if the Department of Public Works agrees to the transaction, as it is the custodian department of all government immovable assets. To date, the Department of Public Works has not agreed to the exchange.

    c. It is planned that if the exchange happens, the inmates currently housed at these two centres will be housed in the correctional centre that will form part of the exchange.

    Reply received: August 2014

    QUESTION NO: 469
    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:


    (1) How many (a) prisoners and (b) awaiting-trial detainees in prisons (i) have been diagnosed with and (ii) are receiving treatment for (aa) Type 1 diabetes and (bb) Type 2 diabetes;

    (2) do (a) awareness campaigns on or (b) regular testing for diabetes take place in prisons; if so, in each case, (i) which department or entity is responsible and (ii) how often do these take place;


    (3) what (a) equipment and (b) medication are made available to inmates for the (i) treatment and (ii) monitoring of (aa) diabetes and (bb) related conditions;

    (4) what is the average cost for each inmate for the treatment and monitoring of (a) diabetes and (b) related conditions? NW548E


    REPLY:

    (1) Table on the number of prisoners (offenders) and awaiting trial detainees diagnosed and receiving treatment for Type 1 and 2 diabetes mellitus as at 30 June 2014.

    Sentenced offenders

    Awaiting trail detainees

    Type 1

    Type 2

    Type 1

    Type 2

    159

    839

    6

    144

    (2)(a) Yes, awareness campaigns form part of health education sessions presented to the inmates.

    (2)(b) Testing for diabetes mellitus takes place when an offender or awaiting trial detainee complains of diabetes mellitus - related health problems or presents related symptoms.

    (2)(i) The Department of Correctional Services' health care professionals are responsible for presenting health education programmes and testing for diabetes mellitus.


    (2)(ii) Health education sessions are held on a weekly basis and testing ranges from daily to monthly based on an individual offender's health status.

    (3)(a) The following equipment is made available for treating and monitoring diabetes mellitus:

    ▪ Glucometers -for determining the blood glucose levels.
    ▪ Urine glucosticks -for determining the presence of glucose in the urine.
    ▪ Insulin syringes -for injecting the lnsulin.
    ▪ Measuring tapes - for measuring waist circumferences.
    ▪ Scale - for monitoring the patient's weight.
    ▪ Baumanometer -for measuring blood pressure.

    (3)(b) The following are two types of diabetes mellitus necessitating the need for different types of medication/treatment for patients:

    (3)(aa) Type 1 also known as juvenile onset or Insulin-dependent diabetes mellitus, patients will be treated with Biphasic lnsulin injections depending on individual factors i.e. blood glucose levels and adherence.

    Type 2 is also known as Non-Insulin dependent diabetes mellitus which is defined as a chronic metabolic disease characterised by an abnormally high blood glucose level with serious acute and chronic complications. This type of diabetes mellitus is treated with Metformin, Gliclazide, Glibenclamide and Insulin where indicated.

    (3)(bb) Any identified diabetes mellitus related conditions are managed with the relevant medical equipment and medication required for the rendering of a comprehensive Primary Health Care service.


    (4)(a) The following are costs:

    Costs for Type 1 Diabetes mellitus:

    Medication

    Daily Dose

    Cost per pack

    Total cost for 28 days

    Insulin actraphane 30/70

    Range: 0.3-1IU/per kg/day

    R24.52(10 ml vial=1000units)

    Varies depending on individual patient factors


    Cost for Type 2 Diabetes mellitus:

    Medication

    Daily Dose

    Cost per pack

    Total cost for 28 days

    Metformin (Class- Biguanides)

    Initial: 500 mg daily Maximum: 850 mg 8 hourly

    R5.34 (500mg/56 pack size)

    R11.72(850mg/84 pack size

    R2.67


    R11.72

    Gliclazide (Sulphonylureas)

    Initial: 40 mg daily


    Maximum: 160 mg 12 hourly

    R5.21 (80mg/28 pack size)

    R5.21

    R2.61


    R20.84

    Glibenclamide (Sulphonylureas

    Initial: 2.5mg daily

    Maximum: 15 mg daily

    R1.37 (5mg/28 pack size)

    Ro.68

    R4.11

    Insulin actraphane 30/70

    Range: 0.3 1IU/per kg/day

    R24.52 (10ml vial=1000units)

    Varies depending on individual patient factors

    The range for the cost of treatment is from R2.67 to R61.19.
    The total cost per patient R61.19 depending on patient factors (maximum costs including Insulin).

    (4)(b) There is no separate budget for the treatment of diabetes mellitus – related conditions to enable separate costing and accounting. Should related conditions arise they will be treated within the health care budget.

    Reply received: August 2014

    QUESTION NO: 376

    Mr R A Lees (DA) to ask the Minister of Justice and Correctional Services:

    (1) What are the details of motor vehicles ordered and/or purchased for his use since May 2014;

    (2) (a) what is the (i) make, (ii) model, (iii) total cost and (iv) breakdown of the cost of each motor vehicle and (b) where will each motor vehicle normally be stationed? NW334E

    REPLY:

    (1) No motor vehicles were purchase or ordered for the use of the Minister since May 2014.

    (2) Not applicable.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 357

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

    (1) With reference to his reply to question 1742 on 19 August 2013, what was the outcome of the National Workshop which was held in September 2013;

    (2) has the Gender and Sexual Orientation-based Violence Task Team (GSOVTT) held any meetings after the specified National Workshop; if not, why not; if so, (a) on what date, (b) at which venue was each specified meeting held, (c) who attended each specified meeting and (d) what issues were discussed;

    (3) has he undertaken the Research Study on lesbian, gay, transgender, bisexual and intersex (LGTBI) issues; if not, why not; if so, what are the relevant details;

    (4) (a) how many LGTBI Social Context Information Sessions were held, (b) where did they take place and (c) who were the attendees;

    (5) (a) how many presiding officers were given social context training, (b) when did the training take place and (c) where did this training take place? NW411E

    REPLY:-

    I wish to inform the Honourable Member that the purpose of the national workshop in September 2013 was to provide a progress report to the LGBTI National Task Team on the work undertaken thus far. The outcomes of the workshop of the National Task Team held on 18-19 September 2013 were the following:

    (a) The Terms of Reference of the National Task Team was approved and adopted.

    (b) The report on the Lesbian Gay Bisexual Transgender and Intersex Situational Analysis in courts commissioned by the National Task Team was adopted and informed the development of the National Intervention Strategy on Gender and Sexual Orientation Based Violence against LGBTI persons.

    (c) The Strategic Work plan for 2012/13 on the following strategic areas: public education and communication, development of training materials, civil society alliance building workshops and case-flow management regarding long outstanding and pending LGBTI cases relating to gender and sexual orientation based violence in the criminal justice system, was approved and implementation thereof is at an advanced stage.

    (d) Progress on the list of pending LGBTI cases in the criminal justice system was noted.

    (e) The communication strategy developed by the Department in collaboration with the Government Communication Information Service was approved and adopted.

    (f) A presentation on the development of the National Intervention Strategy on Gender-based and Sexual-Orientation based Violence against LGBTI persons was made. Inputs were received and incorporated into the draft strategy.

    (g) The National Task Team also approved the proposal that the Department convene workshops with LGBTI organizations in all provinces, the purpose of which was to:

    Increase provincial civil society representation on the National Task Team.

    (i) To build solidarity amongst different sectors–including government departments and civil society organisations.

    (ii) To understand the local dynamics of violence against LGBTI persons.

    (iii) To report on existing criminal cases and the Rapid Response Strategy developed by the National Task team.

    In terms of the terms of reference of the National Task Team, meetings are to take place on a quarterly basis. Due to the provincial consultations that were held across the country from December 2013 to March 2014, a National Task Team meeting was not held as members were attending these workshops. The Department intends holding the next National Task Team Meeting during the first quarter of the new financial year. The Honorable Member's attention is also drawn to the preparatory meetings held by the Working Group of the National Task Team. Following the National Task Team workshop held in September 2013, the Working Group has met on the following dates:

    (i) 22-23 October 2013;

    (ii) 13 November 2013;

    (iii) 30 January 2014; and

    (iv) 7 March 2014.

    The Department conducted a situational analysis research study and finalised it in September 2012. The study focussed on the following key areas:

    (i) perceptions of court officials on LGBTI cases;

    (ii) identification and registration of cases involving LGBTI witnesses;

    (iii) statistical account of these cases;

    (iv) issues related to secondary victimisation; and

    (v) causes for delays in the finalisation of these cases.

    The objective of the report was to:

    (i) Provide the context for reviewing the management of LGBTI cases since 1994.

    (ii) Review international instruments as far as they are relevant to the SA situation and LGBTI concerns specifically.

    (iii) To identify the main conceptual areas for the development of appropriate instruments for data gathering to ensure a thorough and rigorous evaluation of the Department of Justice and Constitutional Development at key levels.

    (iv) Provide an analysis of all relevant legislation with regards to LGBTI within the criminal justice system that includes the identification of gaps or inconsistencies.

    For the purposes of this report this included data collected from 11 courts in five provinces. Data was gathered from interviews with 33 senior court staff, 165 survey questionnaires administered in courts, and four focus groups within the JCPS cluster.

    In line with its mandate, the Department identified the key focus areas of the situational analysis to include research into its support provision that may enable or hamper access to justice and further the protection of rights for vulnerable persons, in particular LGBTI persons within the justice system.

    During the financial years of 2011/2012, the Department held 24 social context information sessions countrywide to empower court officials on social context training relating to promotion and protection of LGBTI rights. These unpacked the dynamics attached to homosexuality and provoked open deliberations on constitutional rights, legislative framework, social norms, values and morality. 1010 court officials were reached.

    (b)These sessions were conducted in all 9 Provinces.

    (c) The target was front line staff in courts.

    A National Conference was held and attended by 180 Regional Magistrates and 130 lower court Magistrates. This took place from 2nd to 4th March 2012. at Birchwood Hotel in Johannesburg. It opened deliberations around the exercise of judicial leadership in a courtroom to engender greater sensitivity to the special needs of the LGBTI witnesses.

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO.: 354
    DATE OF QUESTION: 20 JUNE 2014
    DATE OF SUNMISSION: 04 JULY 2014
    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:


    (1) With reference to the powers of the SA Human Rights Commission (SAHRC) in terms of section 184(2)(a) of the Constitution of the RSA, 1996, (a) how many requests for investigation were received by the SAHRC in the (i) 2011-12, (ii) 2012-13 and (iii) 2013-14 financial years;

    (2) how many requests for investigation were agreed to by the SAHRC in the (a) 2011-12, (b) 2012-13 and (c) 2013-14 financial years;

    (3) how many investigations by the SAHRC were (a) finalised and (b) reported on in the (i) 2011-12, (ii) 2012-13 and (iii) 2013-14 financial years? NW438E

    REPLY

    (1) (a) I am informed by the South African Human Rights Commission ( SAHRC) that the following complaints were received for the periods requested, namely:

    (i) see annexure attached hereto marked "A" for the 2011/12 financial period.
    (ii) 4947 for the 2012/13 financial period; and
    (iii) 4980 for the 2013/14 financial period.

    (2) The SAHRC has accepted the following number of complaints for the periods requested, namely:
    (a) See annexure attached hereto marked "A" for the 2011/12 financial period;
    (b) 2236 for the 2012/13 financial period; and
    (c) 1861 for the 2013/14 financial period

    (3) The SAHRC finalised and reported on the following number of complaints for periods requested, namely:
    (i) see annexure attached hereto marked "A" for the 2011/12 financial period;
    (ii) 3061 for the 2012/13 financial period; and
    (iii) 4313 for the 2013/14 financial period.

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO.: 353
    DATE OF QUESTION: 27 JUNE 2014
    DATE OF SUBMISSION: 11 JULY 2014
    Mr M H Redelinghuys (DA) to ask the Minister of Justice and Correctional Services:


    (1) With reference to the investigating powers of the Public Protector in terms of section 182 of the Constitution of the RSA, 1996, how many requests for investigation were received by the Public Protector's Office in the (a) 2011-12, (b) 2012-13 and (c) 2013-14 financial years;

    (2) how many requests for investigation were agreed to by the Public Protector's Office in the (a) 2011-12, (b) 2012-13 and (c) 2013-14 financial years;

    (3) how many investigation by the Public Protector's Office were (a) finalised and (b) reported on in the (i) 2011-12, (ii) 2012-13 and (iii) 2013-14 financial years? NW437E

    REPLY

    (1)
    (a) I have been informed that the Public Protector received a total of 20 626 new complaints in the 2011112 financial year ;(b) 23 127 in 2012/13; and (c) 21 404 in 2013/14.

    (2) Every complaint undergoes an assessment process to determine whether it falls within the jurisdiction of the Public Protector or whether it should be referred to other institutions, under which legislation it is accepted to be able to allocate each case to specific units in accordance with prescribed processes and timelines.

    (a) 17 365 new matters were accepted by the Public Protector in the 2011/12 Financial year.

    (b) 22 345 in the 2012/12 financial year; and

    (c) 20 083 in the 2013/14 financial year.

    These numbers do not include on-going matters and matters carried over from previous years.

    (3) Public Protector reports were finalised and issued (although it should be distinguished between formal and closing reports)

    (i) 16 763 Public Protector reports were finalized and issued in the 2011/12 financial year;
    (ii) 22 400 in 2012/13; and
    (iii) 24 642 in 2013/14.

    Reply received: August 2014

    QUESTION 323
    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


    (1) What are the details of all flowers purchased by his department for each year between 1 April 2009 up to the latest specified date for which information is available;

    (2) what are the details of (a)(i) the address and (ii) the name of the office where the specified flowers were displayed, (b) for whose benefit were the flowers purchased and (c) what was the purchase value of the flowers for each office where it was displayed;

    (3) in respect of flowers purchased for individuals, (a) what is the (i) name and (ii) relationship of the person to (aa) him and (bb) the Ministry and (b) what is the cost of each purchase;

    (4) what are the details of any (a) contractual arrangements and (b) plans to purchase flowers in the future? NW404E

    REPLY

    (1) and (2)

    Financial Year

    Amount Spent

    Details of Flowers purchased

    2009/10

    Nil

    No flowers were purchased

    2010/11

    Nil

    No flowers were purchased

    2011/12

    R5,300-00

    Flowers were purchased for decoration of offices

    2012/13

    R395,970-82

    R357,039-36 – Flowers and decorations for the Gallows cleansing ceremony
    R38,931-46 – Flowers for bereavements, women's day celebration and the Department's excellence awards functions

    2013/14

    R27,708-29

    Flowers for women's day celebration and the Department's excellence awards function

    2014/15

    R600-00

    Flowers for bereavements

    (3) Flowers were purchased for bereavements of officials and women's day celebration and the Department's excellence awards functions. Flowers were also purchased for decoration purposes during the Gallows cleansing ceremony.

    (4) There are no contractual arrangements or plans for the Department to purchase flowers in the future.

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO.: 289
    DATE OF QUESTION: 27 JUNE 2014
    DATE OF SUNMISSION: 04 JULY 2014
    Ms G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:


    (1) What are the details of office furniture ordered and or purchased for the use of him and/or his staff since 1 May 2014;

    (2) in respect of each piece of furniture, (a) what is the description, (b) what is the breakdown of the costs, (c) where will each piece of furniture be used and (d) who will use each piece of furniture;

    (3) what are the details of furniture disposed of;

    (4) in respect of each piece of furniture disposed of, (a) what is the description, (b) original purchase costs and (c) on what date was it purchased;

    (5) (a) how was this furniture disposed of, (b) what disposal method was used, (c) what is the name and contact details of person/s to whom it was disposed and (d) at what price was it disposed of? NW369E

    REPLY

    (1) I wish to inform the Honourable Member that there was no direct procurement of furniture to be used by myself or the staff since 01 May 2014.

    (2) Falls away

    (3) and (4) The under mentioned furniture has been earmarked for transfer to The Presidency:

    Asset barcode

    Asset description

    Original purchase price

    Date of purchase

    0000837369

    High back (Medical, inner and outer back)

    R2 508.00

    2009-12-10

    0000851380

    High back (Medical, inner and outer back)

    R2 508.00

    2009-12-10

    (5) The furniture has been transferred to The Presidency, as requested by the official in the Office of the Minister of Planning, Monitoring and Performance Evaluation who originally worked for the former Ministry of Justice and Constitutional Development.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 287

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

    Whether, with reference to recommendation 11.7 of the SA Human Rights Commission report of 15 October 2013 on the Child Protection Register, his department has looked into the viability of a binary register system; if not, why not; if so what steps has he taken to solve the duplication of resources? NW340E

    REPLY:-

    The Department has looked into the viability of binary register system.

    Together with the Department of Social Development we are working on a Project Plan to delineate a clear schedule of when the Departments are likely to make a recommendation in this regard to Cabinet and Parliament, which schedule will include:

    a) The feasibility of aligning or assimilating the National Register for Sex Offenders and the National Child Protection Register;

    b) The implications the proposed alignment or assimilation of the two Registers might have in addressing the current implementation challenges;

    c) Implementation challenges, resources, budget, electronic systems required, founding legislative provisions and specific Departmental mandates;

    d) Approaching Cabinet with the relevant recommendations possibly to amend the two (2) pieces of legislation as well as other practical challenges found in implementation of two Registers and recommendations to address these challenges; and

    e) Approaching Parliament with recommendations to possibly amend the two pieces of legislation.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 286

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

    (1) Whether, with reference to recommendation 11.5 of the SA Human Rights Commission (SAHRC) report of 15 October 2013 on the Child Protection Register, the plan was given to the SAHRC; if not, why not; if so, (a) on what date was the plan given and (b) if he could provide a copy of the plan;

    (2) whether the report detailing the interim steps taken to secure compliance referred to in 11.7 was given to the SAHRC; if not, why not; if so, (a) on what date was the report given and (ii) if he could provide a copy of the report? NW339E

    REPLY:-

    The Department has not yet submitted the plan to the South African Human Rights Commission, because Justice College is currently finalising Stakeholder-consultations on the Draft Training Plan, which will be completed by the end of April 2014.

    The final Plan will be submitted to South African Human Rights Commission before the end of May 2014.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 285

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

    What action has his department taken with regard to recommendation 11.4 of the SA Human Rights Commission report of 15 October 2013 on the Child Protection Register? NW338E

    REPLY:-

    The South African Human Rights Commission's report recommended in paragraph 11.4 regarding training of all relevant Court Officials, regarding their duties under the Children's Act, 2005, to facilitate and support the accurate, timely updating of the Child Protection Register.

    The Department requested the Justice College to develop a comprehensive training programme for all relevant court officials, especially the Children's Court Clerks, and Registrars. During the 2013/14 financial year 127 Children's Court Clerks were trained on Sexual Offences, as well as Children's Act, 2005 (Act No.38 of 2005).

    The training of Magistrates falls in the mandate of the South African Judicial Education Institute (SAJEI) and the Report by the South African Human Rights Commission was forwarded to the head of SAJEI in a letter, dated 7 November 2013, requesting the SAJEI to develop the recommended programme for training and sustained awareness of all relevant presiding officers regarding their duties in terms of the Children's Act 38 of 2005.

    The South African Judicial Education Institute (SAJEI) has started training the District Court Magistrates in respect of the Children's Act 38 of 2005, and has included it in the training curriculum for Magistrates for the 2014/15 financial year. The training on the Children's Act is currently taking place in Mafikeng in the North West. A copy of the program is attached as Annexure A for the training from the 16th to the 20th of March 2014.

    Regarding awareness –raising, the Department has developed several fact-sheets and pamphlets; as well as a Frequently Asked Questions fact sheet, which are available on the internet and Departmental websites, to encourage and inform children, parents, and other role players as well as relevant officials of their roles and duties in terms of the Children's Act, 2005 (Act No. 38 of 2005), including the Child Protection Register. A few of these fact sheets/pamphlets are attached as examples.

    The pamphlets and Braille Booklets were distributed to the 9 Regional Offices for distribution to the courts and when holding imbizo's and / or awareness raising sessions with communities, including children and their parents/caregivers.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 271

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

    (a) How many Special Investigating Unit investigations into the SA Police Service are currently under way and (b) in each case, (i) what is the nature of the investigation, (ii) when was the investigation initiated and (iii) what is the current status of the investigation? NW324E

    REPLY:-

    Currently there are 6(Six) investigations into the South African Police Service. Details are as follows:

    Nature of the Investigation

    Start Date

    Status of Investigation

    1. Fraud and/or Corruption

    1 July 2012

    Completed Case, referred to National Prosecuting Authority

    2. Police Station Building Programme (33 police stations), Please see details below:

    Nature of the Investigation

    Start Date

    Status of Investigation

    a) Irregular expenditure and fraud and/or corruption

    1st March 2013

    Completed, referred to National Prosecuting Authority

    b) Irregular expenditure and fraud and/or corruption

    1st March 2013

    Completed, referred to National Prosecuting Authority

    c) Irregular expenditure and fraud and/or corruption

    1st March 2013

    Investigation completed – Reporting Stage

    d) Irregular expenditure and fraud and/or corruption

    1st March 2013

    Investigation completed – Reporting Stage

    e) Irregular expenditure and fraud and/or corruption

    1st March 2013

    Investigation completed – Reporting Stage

    f) Irregular expenditure and fraud and/or corruption

    1st March 2013

    Investigation completed- Reporting stage

    Irregular exg) Fraud and/or corruption

    1st March 2013

    Investigation completed- Reporting Stage

    Matters under Investigation

    Nature of the Investigation

    Start Date

    Status of Investigation

    h) Zureen Network

    Irregular expenditure and fraud and/or corruption

    1st March 2013

    Completed, referred to National Prosecuting Authority

    3

    Boschkop

    Investigation

    Irregular Expenditure and Fraud and Corruption

    1 April 2013

    Investigation completed

    4

    Midway Two

    Investigations:

    -Midway Two

    Contractors, and

    Executive

    Outsourcing

    Procurement Irregularities

    1 February 2013

    1 February

    Investigation in the initial stage

    Matters under Investigation

    Nature of the Investigation

    Start Date

    Status of Investigation

    5

    Conflict of Interests Investigation

    Conflict Interests Members

    1st March 2013

    Investigation complete- Disciplinary: referrals against the implicated members

    6

    National Police Day

    Irregular Expenditure and/or possible fraud/conflict of interests

    1st March 2013

    Investigation complete, Disciplinary referrals against 9 members recommended.

    Reply received: November 2014

    PARLIAMENTARY QUESTION NO.: 239

    DATE OF QUESTION: 27 JUNE 2014 (referred to the Department of Justice and Constitutional Development on 19 August 2014)

    DATE OF SUBMISSION: 11 JULY 2014 (answered by the Department of Justice and Constitutional Development on 27 August 2014)

    THE QUESTION WAS INITIALLY REFERRED TO THE DEPARTMENT OF INTERNATIONAL RELATIONS AND CORPORATION

    Mr S Mokgalapa (DA) to ask the Minister of International Relations and

    Cooperation:

    (a) What is the Government's position on the Draft Protocol on Amendments to the Protocol on the Statute of the African Court on Justice and Human Rights and (b) does the Government support the proposal to give immunity to sitting government leaders who have committed crimes against humanity? NW317E

    Reply:-

    (a) And (b) I wish to inform the Honourable Member that the Government has not taken a position regarding the Draft Protocol on Amendments to the Protocol on the Statute of the African Court on Justice and Human Rights and on whether to support or not to support the proposal to give immunity to sitting government leaders who have committed crimes against humanity. The matter is still under discussion at ministerial level.

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO.: 197
    DATE OF QUESTION: 12 JUNE 2014
    DATE OF SUBMISSION: 27 JUNE 2014
    DATE OF SUBMISSION: 27 JUNE 2014
    197. Mr M M Tshishonga (Agang SA) to ask the Minister of Justice and Correctional Services:


    Whether he intends to introduce legislation that will set minimum sentencing for (a) any public official found guilty of corruption or (b) any member of the public found guilty of corrupting a public official? NW247E

    Reply:

    I wish to inform the Honourable Member that our current legislative framework provides as follows:

    (1) The "minimum sentence" dispensation in South Africa is regulated by section 51 of the Criminal Law Amendment Act, 1997 (Act 105 of 1997), read with Schedule 2 to that Act.

    (2) In terms of section 51(2)(a), a person who has been convicted of an offence referred to in Part II of Schedule 2 is subject to a minimum sentence of imprisonment ranging from 15 years (in the case of a first offender) to 20 and 25 years, in the case of second and multiple offenders.


    (3) Part III of Schedule 2 includes, among others, the following:

    "Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or an offence in Part 1 to 4, or section l 7, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004-

    (a) involving amounts of more than R500 000,00;

    (b) involving amounts of more than R100 000,00, if it is proved that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or

    (c) if it is proved that the offence was committed by any law enforcement officer-

    (i) involving amounts of more than R10 000,00; or


    (ii) as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
    (My emphasis)

    (4) The offences referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), include a general offence of corruption (section 3), offences in respect of corrupt activities relating to public officers (section 4) and offences by public officers that relate to the acquisition of private interests in contracts, agreements or investments of a public body (section 17). The 2004 - Act makes provision for harsh penalties in the case of a conviction in respect of the above offences, which may, if imposed by a Superior Court, include imprisonment for life (section 26).

    (5) It is clear from the above that any public official or member of the public who commits an offence referred to in the Combating of Corrupt Activities Act, 2004, would upon conviction be subject to a prescribed minimum sentence, if the amounts or circumstances referred to in paragraph (3) above are present.

    There are no plans afoot to amend this framework, as it is deemed adequate at the present time.

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO.: 165

    ADVANCE GENERIC QUESTION NO.: 213

    DATE OF QUESTION: 12 JUNE 2014

    DATE OF SUNMISSION: 27 JUNE 2014

    Mr. M W Rabotapi (DA) to ask the Minister of Justice and Correctional Services:

    (1) What are the details of all the costs of the maintenance of the pot plants in his (a)departmental offices and (b) official residence (i) in the (aa) 2009-10, (bb) 2010-11, (cc) 2011-12, (dd) 2012-13 and (ee) 2013-14 financial years and (ii) since 1 April 2014;

    (2) in respect of the pot plant maintenance, (a) what is the (i) address and (ii) name of the office where they were/are displayed, (b) for whose benefit are these pot plants, (c) what was/is the value of maintenance for each office and (d) what are the details of any contracts and/or plans for the maintenance of these pot plants in the future?
    NW213E

    REPLY:

    1(a)(b)(i)(aa)(bb)(cc)(dd)(ee)(ii) I wish to inform the Honorable Member that, no costs were incurred on the maintenance of pot plants in the Minister's departmental offices, or in official residences during the requested period.

    2(a)(i)(ii)(b)(c)(d) Falls away

    Reply received: September 2014

    QUESTION NO: 131
    Mrs G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

    (1) What are the details of all expenditure that was found to have been (a) irregular and (b) wasteful in his department for each year from 1 April 2009 up to the latest specified date for which information is available;

    (2) in respect of each such finding of (a) irregular and (b) wasteful expenditure, (i) what (aa) is the description thereof, (bb) is the value thereof and (cc) action has been taken against the persons accountable thereof and (ii) how much thereof (aa) has been recovered and (bb) from whom? NW143E

    REPLY:

    Question1 (a) and 2(a)

    Hereunder are the details of all expenditure that was found to be irregular:

    No

    2(aa) Description

    Financial
    Year

    2(bb) Value

    2 (cc) Actions taken

    1

    Approval of price quotation where bid should have been invited for vegetables

    2009/10

    R628,462.20

    The officials concerned were reprimanded.

    2

    Transformation of a office into a video remand site.(Prescribed threshold values exceeded )

    2010/11

    R49,997.50

    The official received a verbal warning.

    3

    Training was provided on Occupational Health and Safety Matters.(Prescribed threshold values were exceeded)

    2010/11

    R88,783.20

    Written warnings were issued to the four (4) officials involved

    4

    Replenishment of medical stock by means of prescriptions.(Prescribed procurement procedure not followed)

    2010/11

    R89,229.24

    Written warnings were issued to the six (6) officials involved.


    Attached please find here: Question 1(b) and 2(b)

    Reply received: September 2014

    PARLIAMENTARY QUESTION NO.: 99
    ADVANCE GENERIC QUESTION 108
    DATE OF QUESTION: 12 JUNE 2014
    DATE OF SUBMISSION: 27 JUNE 2014
    Mr. C H H Hunsinger (DA) to ask the Minister of Justice and Correctional Services:


    (1) What are the details of official credit cards issued to (a) him and/or (b) his staff;

    (2) in respect of each credit card, (a) what is the (i) name and (ii) organogram position of the user, (b) what is the (i) maximum permissible value of each purchase and (ii) total credit limit of the card, (c) what are the details of permissible purchases for which the credit cards may be used and (d) may alcoholic beverages be purchased;

    (3) in respect of purchases made with each credit card during the period 8 May 2014 and/or thereafter up to the latest specified date for which information is available, (a) what is the (i) name and (ii) organogram position of the user, (b) what is the (i) value of each purchase made, (ii) what are the details of each item purchased and (iii) for what purpose was each purchase made and (c) were any alcoholic beverages purchased; if so, (i) what are the (aa) details and (bb) value of these purchases and (ii) for what purpose was each purchase made? NW108E

    REPLY

    1(a)(b) I wish to inform the Honourable Member that neither I, nor any of the officials have been issued with an official credit card during May 2014. The previous credit cards were cancelled in 2013 and were reported in Parliament under Parliamentary Question number 1327, a copy of which is attached hereto.

    2(a)(i) Nothing

    (ii) Nothing

    (b)(i) Nothing

    (ii) Nothing

    (c) Nothing

    (d) No.

    3(a)(i) Nothing

    (b)(i) Nothing

    (ii) Nothing

    (iii) Nothing

    (c) (i)(aa) Nothing

    (bb) Nothing

    (ii) Nothing

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO: 67
    ADVANCED GENERIC QUESTION 73
    DATE OF QUESTION: 12 JUNE 2014
    DATE OF SUBMISSION: 27 JUNE 2014
    Mr R A Lees (DA) to ask the Minister of Justice and Correctional Services:


    (1) How many (a) International and (b) domestic flights were undertaken by (i) him and (ii) his predecessors using (aa) aircraft operated by the military, (bb) aircraft charted by the military or (cc) commercial aircraft during the period 1 April 2013 up to the latest specified date for which information is available,

    (2) in respect of each specified flight, what was the (a)(i) date and (ii) place of (aa) departure and (bb) arrival and (b)(i) total cost and (ii) breakdown of such costs?

    NW73E

    REPLY:

    1) (a)(b) Yes, there were flights undertaken by me, and my predecessor.
    (i)Flights undertaken by me (Honourable Minister T M Masutha, MP (Adv).

    (aa) None
    (bb) None
    (cc) (i) No International flights
    (ii) 4 domestic flights were undertaken by me, during the period 26 May 2014 to date.
    (iii) Flights undertaken by my predecessor Honourable JT Radebe, Mp.
    (aa) None
    (bb) None
    (cc)(i) 2 International flights
    (ii) 77 domestic flights were undertaken by Minister Radebe during the period 1 April 2013 to 25 May 2014.


    Attached please find here: 2(a)(i)(ii)(aa)(bb)(b)(i)(ii)

    Reply received: July 2014

    DATE OF QUESTION: 12 JUNE 2014
    DATE OF SUBMISSION: 27 JUNE 2014
    Mrs. G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

    (1)
    What are the details of all expenditure that was found to have been (a) irregular and (b) wasteful in his department for each year from 1 April 2009 up to the latest specified date for which information is available;

    (2) in respect of each such finding of (a) irregular and (b) wasteful expenditure, (i) what (aa) is the description thereof, (bb) is the value thereof and (cc) action has been taken against the persons accountable thereof and (ii) how much thereof (aa) has been recovered and (bb) from whom?

    NW143E
    REPLY:

    1(a)(b)

    (aa) Description

    (bb)
    Value

    (bb) Value

    (bb)
    Value

    (bb) Value

    bb. Value

    2013/14
    R'000

    2012/13
    R'000

    201/12
    R'000

    2010/11
    R'000

    2009/10
    R'000

    Opening balance

    319 582

    202 648

    102 468

    2 979 823

    26 179.00

    Amount relating to prior financial year

    131

    154

    53 935

    403

    368 999.00

    Normal procurement policies not followed

    32 075

    33 658

    72 526

    81 067

    436 387.00

    Tender procedures not followed

    -

    37 318

    18 554

    --

    -

    Deviation from usage sole supplier

    -

    -

    132 365

    -

    -

    Incorrect application of PPPFA instead BBBEE

    -

    -

    -

    339 252

    -

    Finance leases entered into in respect of RT3 contract

    2 411

    -

    -

    -

    -

    Incorrect tender procedures followed by the Department of Public Works

    -

    17 102

    -

    -

    -

    Incorrect tender procedures followed by the Independent Development Trust

    49 421

    72 650

    -

    -

    -

    TOTAL NEW CASES

    84 038

    160 882

    277 380

    420 722

    805 386.00


    1(a)(i)(cc) Actions taken against persons accountable

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 39
    DATE OF REPLY: 26 FEBRUARY 2014
    Mrs D A Schafer (DA)
    to ask the Minister of Justice and Constitutional Development:

    (1) How much does his department plan to spend on (a) advertising, (b) communication and (c) marketing between 1 January 2014 and 30 April 2014 (i) in total and (ii) as a breakdown of the amount;

    (2) (a) what mediums is his department going to use in each case and (b) who is the service provider to be used;

    (3) what is the main message that his department plans to communicate during this time? NW40E

    Reply

    1(a) The Department has allocated approximately R6.6 million for advertising. In line with the National Treasury prescripts on cost-cutting measures, the Department will not be spending this budget on promotional advertising, but rather, where such form of communication is undertaken, the focus will be on providing education/information to the public. This includes R1.6 million for job vacancies which will be advertised through the Government Communication and Information System (GCIS), on a weekly basis.

    (b) Approximately R7 million will be used by the Department for community outreach events, departmental events, internal communication and the costs of producing and distributing information and promotional materials. This includes issues relating to the LGBTI- information campaign as well as promotional material for the Legal Aid, International Conference in June 2014.

    (c) (i) R2.2 million will be spent on education and provision of information processes and progress on Access to Justice for Vulnerable Groups including the LGBTI Community as well as children and victims of sexual offences.

    (ii) R4.8 million will be spent during Human Rights Month on providing information and education on Human Rights relating to vulnerable groups and access to Justice when being subjected to Human Rights Violations. These include all channels of communication such as printing, media and community events.

    (2)(a) On advertising, the Department will target all media platforms relevant to the communities targeted per communication campaign undertaken, which includes outdoor electronic and print media. On communication activities, the spectrum of mediums covers largely community-based events and educational/informational and promotional materials. Print media will be procured through GClS as prescribed by the relevant government policies and procedures.

    (b) For communication activities, products and services, the department utilizes various service providers from the approved database of suppliers whereby all requirements for goods and services are done in a competitive manner in accordance with the prescribed rules and regulations (PFMA, PPPFA, departmental policies and delegations).

    (3) To promote and enhance human rights as enshrined in the Constitution and to support the vulnerable through information on access to justice, as well as justice services; as well as to encourage especially women and persons living with disabilities to apply for job vacancies in the Department.

    Reply received: October 2014

    QUESTION NO: 31
    Mr J Selfe (DA) to ask the Minister of Justice and Correctional Services:

    (1) Whether the Department of Correctional Services has (a) awarded or (b) intends to award a contract for the roll-out of electronic monitoring devices for probationers and parolees; if so, (i) to whom or which legal entity has or will this contract be awarded, (ii) at what price, (iii) for what specific services and (iv) when was or will this contract be awarded:

    (2) whether (a) every aspect of the supply chain management policy of the department and (b) the provisions of the Public Finance Management Act (PFMA), Act 1 of 1999, were followed in awarding this contract; if not, (i) why not, (ii) in what way, (iii) for what reason and (iv) to what extent were the provisions of the supply chain management policy and the PFMA not adhered to? NW36E

    REPLY:

    (1 )(a) Yes, as per the Terms of Reference the Department of Correctional Services has awarded a contract for the roll-out of electronic monitoring devices for:

    Probationers
    Parolees
    Offenders
    Day parolees
    Awaiting trial persons, and
    Remand Detainees

    (1)(a)(i) The contract was awarded to Engineered Systems Solutions (Pty) Ltd.

    (1)(a)(ii) The contract has been awarded at an estimated value of R296 752 903-36 over a five-year period.

    (1)(a)(iii) The contract was awarded for the commission, supply, delivery, installation, training and maintenance of a national electronic monitoring solution by way of a lease for the period of five (5) years.

    (1 )(a)(iv) The contract was awarded on 21 May 2014 by the then Acting National Commissioner, Ms Nontsikelelo Jolingana.

    (2)(b) There are reasonable grounds to suspect that not every aspect of the supply chain management policy of the Department alternatively the provisions of the PFMA have been complied with. For this reason the matter will be fully investigated and upon completion of the investigation, including whether any offences have been committed, will revert to Parliament.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO.: 25
    DATE OF QUESTION: 13 FEBRUARY 2014
    Mrs D A Schafer (DA) to ask the Minister of Justice and Constitutional Development:


    (1) In respect of the contract for security services at the Port Alfred magistrates court, (a) from what date in 2013 was the new contract effective and (b) why was this new contract entered into;
    (2) was a tender process followed; if not, (a) why not and (b) what were the requirements and/or conditions on which the new company was appointed; if so, (i) what were the terms and (ii)(aa) when and (bb) where was it advertised;
    (3) (a) to whom was the contract awarded, (b) did they comply with all the requirements and/or conditions of the tender and (c) what (i) qualifications are the security staff required to possess and (ii) measures are implemented to ensure that they comply;
    (4) was there any condition to retain the personnel employed under the previous contract; if not, why not? NW26E

    REPLY:-


    (1) In respect of the contract for security services at the Port Alfred Magistrate's Court, (a) the contract was effective from 1 October 2013 and (b) the previous contract had expired on 30 September 2013;

    (2) Yes, an open tender process was followed.

    (2) (b) Attached hereto find a copy of the terms of reference containing all terms and conditions
    (aa) The tender was advertised on 14 September 2012
    (bb) The tender was advertised in the State Tender Bulletin as well as on the Departmental website.

    (3) (a) The Contract was awarded to four entities countrywide, namely Mabotwane Security, Fidelity Security, Born to Protect and Linda Security, however, Mabotwane Security is the contracted service provider for Port Alfred Magistrate's Court.

    (b) Yes, the prospective bidders complied with all the requirements and conditions of the tender as specified in the advertised terms of reference/bid document

    (c) The security staff are required to possess the under mentioned qualification:

    (i) Supervisors: (Grade A and B)
    Supervisors must be schooled to the level of at least Grade 121 and/or equivalent qualification.

    Security Officers; (Grade C & D)
    Security Officers must be schooled to the level of at least Grade 10/and/or equivalent qualification.

    (ii) Yes, there are scheduled Premises/Site Daily Contact and Premises/Site Monthly Meeting to verify issues of compliance and performance.

    (4) No, it was not a special condition to retain personnel employed under the previous contract. The norms in the Security Industry, is that entities approach security personnel directly in order to retain the security guards under the auspices of the appointed security company.

    Reply received: March 2014

    PARLIAMENTARY QUESTION NO: 24
    DATE OF QUESTION: 14 FEBRUARY 2014
    24. Mrs. D A Schafer (DA) to ask the Minister of Justice and Constitutional Development:

    How does he plan to combat the loss of confidence in the criminal justice system witnessed in the recent increase of mob killings? NW25E

    DRAFT REPLY:
    Criminal activities by mobs are completely contrary to the provisions of the Constitution and the rule of law and we condemn all such activities in the strongest possible terms. According to international and South African law, victims of crimes have a right to redress, which includes appropriate police investigations and access to justice. On the other hand, suspected perpetrators of crimes also have a right to due process and a fair trial. When suspected offenders are murdered, justice is denied. In various instances investigations have indicated that innocent people have been wrongly attacked by the vigilantes. This negates the principle that everyone is presumed to be innocent until convicted by a court of law. If we allow vigilantism, we negate the rule of law that we entrenched in our Constitution.

    It is important for the public to have confidence in the criminal justice system. I want to therefore emphasise that the Justice, Crime Prevention and Security (JCPS) Cluster has been sending a strong message to all vigilantes: Hand criminals over to the police or you will be arrested when you take the law into your own hands; there is no justification for mob justice. We will never support it.

    There are always ways of dealing with criminality and vigilantism is not one of them. Very often members of the public have crucial information regarding the criminal conduct or whereabouts of alleged offenders but, for various reasons, do not hand it over to the law enforcement agencies. The community should work hand in hand with the police to ensure that all possible information is given to the public prosecutor as it is only when the relevant facts and information are placed before the court, that the judicial official will be enabled to make an informed decision, based on the law, whether to release an accused person on bail or not, or whether the person is guilty of an offence or not.

    I wish to assure the member that there are concrete measures in place to deal with these isolated violent criminal incidents that some persons characterize as so-called mob killings.

    No society can allow vigilantism or the taking of the law into one's own hands. This is equally true of South Africa and we have thus put in place measures – from strengthened law enforcement, increased capacity and skills, to improved efficiency measures across the whole criminal justice system value chain - to deal with the fighting of all crime more effectively and I will provide some more detail in this regard below. This encompasses measures to help address these types of incidents whenever they may arise.

    The following measures are noteworthy and indicate that we have been hard at work in strengthening the rule of law and through that, also in combating vigilantism:

    (1) Reducing serious crime:
    Serious crime has been reducing during the past few years, as borne out by statistics, but in spite of this fact, there is a need for further work

    (2) Enacting laws that are 'tough on offenders':
    The laws that have been enacted recently, have been used by the court system to mete out the harshest of sentences, such as indicated below.

    If we consider the number of persons that are currently in Correctional Services facilities serving sentences of imprisonment after convictions in our courts of law, namely 112 489 (as at 26 February 2014), it is clear that those persons that require to be removed from society till they can be rehabilitated are being dealt with appropriately. In terms of the sentenced persons, the breakdown of some of the long sentences, is as follows:

    (i) Sentenced for 15 - 20 years: 12 104 persons;
    (ii) Sentenced for more than 20 years: 9 438 persons; and
    (iii) Sentenced to life sentences: 12 443 persons.

    Up to Quarter 3 of the 201312014 financial year, the conviction rate, as borne out by the National Prosecuting Authority's statistics, were as follows:

    Conviction rate: High courts

    89%

    Conviction rate: Regional courts

    75.8%

    Conviction rate: District courts

    93.4%


    Let me also just indicate the conviction rates of some of the categories of crimes that have an impact on our communities:

    Conviction rate in organised crime

    87.9%

    Conviction rate in trio crimes

    84.7%

    Conviction rate in sexual offences

    66.7%


    (3) Improving the functioning of the criminal justice system as a whole

    Various other initiatives also contribute in this fight against crime, such as improving the forensic capabilities at crime scenes and forensic laboratories; improvements to the Automated Fingerprint Identification System (AFIS) as well as staffing and technology at local criminal record centres; improvement in the case finalization rate, as well as the significant reduction of court backlogs through the Backlog Courts.

    Improved Case Flow Management under the auspices of the Office of the Chief Justice, furthermore encourages the speedy resolution of all cases.

    Case finalization and the use of Alternative Dispute Resolution Mechanisms (ADRM) have also continued to improve. For the period April to December 2013, the total number of cases finalised (that is both through verdicts and through ADRM) has shown a general average improvement of 17%.

    In August 201 3, the dedicated Sexual Offences Courts programme was re-launched in Butterworth, Eastern Cape. In this regard, 57 such courts were identified to be operationalized over the Medium Term Strategic Framework period, with 22 expected to be re-dedicated during this financial year. These courts are aimed at improving the management of sexual offences cases in a manner that protects the dignity of the victim.

    (4) Assisting the police and courts through crime prevention partnerships.

    We have been establishing partnerships with communities. There are already well-established Community Policing Forums and also Community Safety Forums country-wide. These fora assist in ensuring that there are mechanisms that the community can use to engage law enforcement and Cluster departments on issues of importance to the communities and they also serve to raise awareness on how the criminal justice system and court processes work. Partnerships are also being developed with Non- Governmental Organisations such as women's and children's groups as well as LGBTl groups.

    The successful implementation of all the efforts I have indicated above are part and parcel of our integrated and coordinated Cluster activities and is contributing to the public having increased confidence in the Criminal Justice System.

    Reply received: July 2014

    PARLIAMENTARY QUESTION NO.: 13
    DATE OF QUESTION: 12 JUNE 2014
    DATE OF SUBMISSION: 27 JUNE 2014
    13. Adv. A de W Alberts (FF Plus) to ask the Minister of Justice and Correctional Services:


    (1) Whether the final report of the Special Investigating Unit (SIU) into irregularities in the Midvaal local authority, as authorised by Proclamation R33 of 2011, has been sent to the President; if not, (a) why has the report not been sent to the President, (b) when will the report be ready and (c) why has the SIU already sent an invoice for the investigation into the Midvaal local authority; if so, when was the report sent to the President;

    (2) why did the SIU take so long to finalise the investigation after Proclamation R33 of 2011 was issued;

    (3) whether the SIU and the State will be taking any steps to protect the rights of the whistleblowers in terms of the Protected Disclosures Act, Act 26 of 2000, the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004 and the Constitution of the Republic of South Africa, 1996; if not, why not; if so, what are the relevant details? NW18E

    Reply:

    a)1(a) and (b) In terms of section 4(1)(g) of the SIU Act, the Special Investigation Unit must upon the conclusion of the investigation, submit a final report to the President. The Department of Justice and Correctional Services does not receive any reports from the SIU nor does the Department monitor the activities of the SIU. I have been informed that the investigation has not yet been finalised and that a report contemplated in section 4(1)(g) of the SIU Act will be submitted to the President in July 2014.

    (c) In terms of section 5(l)(b) of the SIU Act, the Head of a Special Investigation Unit may charge and recover fees and expenses from a State institution for anything done in terms of the SIU Act in respect of a State institution together with legal costs relating to the institution and conducting of civil proceedings in terms of this Act, and interest, calculated at the rate prescribed in terms of section 1(2) of the Prescribed Rate of Interest Act, 1975. I have been informed that the Midvaal Local Municipality was to date invoiced for work which were already done by the SIU in terms of Proclamation No. R. 33 of 2011.

    2. I have been informed that the investigation is relatively complex in nature and covers irregularities and maladministration which were committed over an extended period of time, namely from 2002 up to 2011. During the investigation a voluminous amount of documentary evidence had to be obtained from various sources which then had to analysed. The investigation also required a significant number of interviews to be conducted with employees and other persons, some of whom had to be traced.

    3. The details of the whistle-blowers will be retained in confidence by the Special Investigation Unit. The whistle-blowers will be afforded full protection in accordance with the relevant legislation.