Justice and Correctional Services B

2015-07-03

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Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1989

DATE OF QUESTION: 29 MAY 2015

DATE OF REPLY: 12 JUNE 2015

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

Does his department maintain an updated asset register; if not, why not; if so, what is the (a) total number and (b) value of all motor vehicles recorded on such register? NW2251E

REPLY:

Response by the Department of Justice and Constitutional Development

(a) The total number of vehicles is 1 341

(b) The total value is R 161 655 771.64

The National Prosecuting Authority maintains an updated asset register.

(a) Two Mercedes Benz Sprinters 308 CDI are recorded on the NPA’s asset register (b) with a total value of R 429 800 (R214 900 each).

Yes, Legal Aid South Africa maintains an updated asset register.

(a) The total number of motor vehicles is 583 and

(b) At end of financial year, 2014/15, the value of all motor vehicles is as follows:

COST: R64,423,493
ACCUMULATED DEPRECIATION: R7,551,910
CARRYING VALUE: R56,871,583

The SIU does keep a fixed asset register which is verified yearly. The number of vehicles and value as at 31 March 2015 is (unaudited):

number of vehicles = 90
value of vehicles = R9 047 040 of which 57 will be auctioned within the 2015/16 financial year. The value is R945 866. The vehicles are being auctioned due to their age, condition and high mileage
the vehicles were bought in the financial year 2007/2008
They will be auctioned through a public auction

Response by the Department of Correctional Services

Yes;

(a) Total number of motor vehicles as at 31 March 2015 is 4872 out of which 245 are on the disposal list

(b) Value of all motor vehicles recorded on such register is R803,767,166.24 out of which R27,103,306.87 are on the disposal list

Response by the Office of the Chief Justice and Judicial Administration

The Office of the Chief Justice does maintain an updated asset register. There are 47 motor vehicles on the asset register (GG vehicles excluded). The value of the vehicles is R 7 661 544.48.

Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1902

DATE OF QUESTION: 22 MAY 2015

DATE OF REPLY: 5 JUNE 2015

1902. Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

(a) Who are the current chief financial officers of (i) his department and (ii) the entities reporting to him and (b) what is the qualification of each chief financial officer? NW2123E

REPLY:

Response by the Department of Justice and Constitutional Development

(a) (i) The Chief Financial Officer of the Department of Justice and Constitutional Development, is Mrs. Louraine Rossouw.

(ii) (1) Mrs. Hanika van Zyl is the current Acting Chief Financial Officer of the National Prosecuting Authority. She has been acting in this position since 1st September 2014. The post was advertised and the recruitment process is at the selection stage.

(2) Mrs. Cynthia Ntombi Mothibeli is the current Chief Financial Officer of the Special Investigating Unit.

(3) Mrs. Rebecca Hlabatau is the Legal Aid South Africa’s Chief Financial Officer.

(b) (i) Regarding the Chief Financial Officer of DoJ&CD: Mrs. Rossouw’s qualifications, are as follows:

Academic qualifications: BComptHons, MCom;
Professional Membership: CA (SA); CIA (Internal Auditors).

(ii) (1) Regarding the Acting Chief Financial Officer of the NPA: Mrs. Van Zyl has a National Diploma in Government Finance and Honours Degree in Cost Management.

(2) Regarding the Chief Financial Officer of the Special Investigating Unit: Mrs. Mothibeli’s qualifications are as follows:

(aa) She is a qualified Chartered Accountant;

(bb) She holds a BCompt degree as well as BCom Accounting Hons.

(3) Regarding the Chief Financial Officer of Legal Aid South Africa: Mrs. Hlabatau’s qualifications are listed below:

(aa) Bachelor of Accounting Science (BCompt);

(bb) Articles of Clerkship;

(cc) B Compt Honours;

(dd) Certificate in Theory of Accounting (CTA);

(ee) Management Advancement Programme (MAP); and

(ff) Leadership Development Programme.

Response by the Office of the Chief Justice and Judicial Administration

The Chief Financial Officer for the Office of the Chief Justice is Mr Casper Nicolaas Coetzer. Mr Coetzer has the following qualifications:

Bachelor Degree in Commerce obtained from the University of South Africa;
Certificate in Senior Management from the University of Pretoria;
Certificate in Organization and Work Study from the former Pretoria Technikon; and

Certificate in Contract Compliance and Performance Monitoring from the Institute for Public Private Partnerships, Washington, DC.

Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1867

DATE OF QUESTION: 22 MAY 2015

DATE OF REPLY: 5 JUNE 2015

1867. Adv G Breytenbach (DA) to ask the Minister of Justice and Correctional Services:

Since 1 January 2015, has his department installed generators at any of (a) its offices or (b) the offices of the entities reporting to him as a result of load shedding; if so, what is the total cost of the (i) installation and (ii) running of these generators?

NW2088E

REPLY:

Response by the Department of Justice and Constitutional Development

(a)
The Department of Justice and Constitutional Development has not installed any generators at any of its Courts as from 1 January 2015 until to date. However, in the current Medium Term Expenditure Framework cycle, the Department has planned to install generators in the following capital works projects:

Limpopo High Court;
Mpumalanga High Court;
South Gauteng High Court;
Port Elizabeth High Court;
Durban High Court;
Port Shepstone Magistrate’s Court;
Plettenberg Bay Magistrate’s Court;
Booysens Magistrate’s Court;
Dimbaza Magistrate’s Court;
Pretoria Magistrate’s Court;
Mamelodi Magistrate’s Court; and
Polokwane Magistrate’s Court

and (ii) In addition to the above installations, the Department has set aside an amount of R3, 5 million to install generators in facilities that do not have them. This project will be undertaken in the current financial year.

(b) (1) The National Prosecuting Authority has not installed any generators since 1 January 2015, at its offices. (2) The Special Investigating Unit (SIU) has not installed any generators at the head office or its regional offices.

(3) Since 1 January 2015, Legal Aid South Africa had not installed generators for any of its offices. However on 31 March 2015, Legal Aid SA has procured services for the supply and installation of Uninterrupted n Power Supply (UPS) at 69 (sixty-nine) offices countrywide to mitigate load shedding.

(i)and (ii) The value of Legal Aid SA’s procured services is to the value of R6 438 118.08 inclusive of maintenance and repairs for a period of three years commencing on 31 March 2015 ending on 28 February 2018.

Response by the Department of Correctional Services

Gauteng region:

Eastern Cape region: No generators were installed as a result of the load shedding for the period in question; however the installation below was made a part of the planned maintenance for DPW.

Management Area

A & B

Centre(s) or office(s) installed with generator(s)

How many generators installed

Date on which the generator(s) were installed

(i)

What is the total cost for the installation of the generator(s)

(ii)

What is the total running costs for the installed generator(s) (per month)

Kirkwood Correction Centre

January 2015

R1 103 999

R33 450

Burgersdorp Correctional Centre

February 2015

R598 810

R4 920

LMN region:

No generators were installed as a result of load shedding for the period in question; however the installation below was made as part of the planned maintenance for DPW

Management Area

A & B

Centre(s) or office(s) installed with generator(s)

How many generators installed

Date on which the generator(s) were installed

(i)

What is the total cost for the installation of the generator(s)

(ii)

What is the total running costs for the installed generator(s) (per month)

Rustenburg

Brits

09 February 2015

R4 209 832

No cost at this stage, the generator is still running with diesel which was provided as part of the contract package

Western Cape region:

The Western Cape Region can confirm that no generators were installed at any of our Correctional Centres or offices since 1 January 2015.

Free State Northern Cape region

Management Area	A & B Centre(s) or office(s) installed with generator(s)	How many generators installed	Date on which the generator(s) were installed	(i) What is the total cost for the installation of the generator(s)	(ii) What is the total running costs for the installed generator(s) (per month)
	Victoria West Correctional Centre	01	21 January 2015	R416 000	R1 100 per hour NB: (The running costs for the generators are determined based on the capacity and the usage of the equipment)
	Barkley West Correctional Centre	01	26 February 2015	R362 500	R412 per hour
	Richmond Correctional Centre	01	11 March	R583 000	R1 100 per hour

Kwazulu-Natal region:

The Kwazulu-Natal Region can confirm that no generators were installed at any of our Correctional Centres or offices since 1 January 2015

Totals

6 Correctional Centres

6 generators installed

R7 274 141.00

The total cost for the installation of the 6 generator

Response by the Office of the Chief Justice and Judicial Administration

The Office of the Chief Justice has not installed any generators at the head office or the Superior Courts since 1 January 2015 to date.

Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1822

DATE OF QUESTION: 22 MAY 2015

DATE OF REPLY: 5 JUNE 2015

1822. Mr G Mackay (DA) to ask the Minister of Justice and Correctional Services:

Has the National Prosecuting Authority (NPA) commissioned an investigation in respect of corruption at the Central Energy Fund (CEF) with regard to misappropriation of funds by a certain company (name furnished); if so, (a) what is the status of this investigation and (b) has the CEF cooperated fully and to the satisfaction of the NPA?

NW2042E

REPLY:
A police docket, Sandton CAS 1242/09/2010, was registered and submitted to the Serious and Commercial Crimes Unit (SCCU) Johannesburg office for decision. The allegations were investigated and a decision was made, as follows:

(a) The investigations were concluded and the NPA declined to prosecute.
(b) The Central Energy Fund cooperated and sworn statements were obtained from three of its senior employees.

The Auditor-General also investigated the allegations but found no wrongdoing.

Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1813

DATE OF QUESTION: 22 MAY 2015

DATE OF REPLY: 5 JUNE 2015

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

Whether parole has been approved for a certain person (details furnished); if not, (a) why not and (b) what are the relevant reasons?

NW2032E

REPLY:

No, offender concerned was considered by the Minister on 19 December 2012, and parole was not approved as the offender was required to participate in further rehabilitation programmes as well as in Restorative Justice. Offender Zondi was serving an effective sentence of 22 years imprisonment since 24 October 1997 for several armed robbery cases when he was sentenced to life imprisonment on 20 August 1998 for two counts of murder, attempted murder and robbery aggravating. The Correctional Supervision and Parole Board considered the offender again on 14 April 2015 and submitted their recommendation to the National Council for Correctional Services (NCCS) in terms of section 65(5) of the old Correctional Services Act, 8 of 1959 read with section 136(1) of the Correctional Services Act, Act 111 of 1998, as amended. As soon as the recommendation of NCCS is available, it will be submitted to the Minister for consideration.
See above.

Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1812

DATE OF QUESTION: 22 MAY 2015

DATE OF REPLY: 5 JUNE 2015

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

Whether, with reference to his reply to question 780 on 23 April 2015, the investigation into the awarding of the contract for the supply of electronic monitoring devices has been completed; if not, (a) why not and (b) when is it expected to be completed; if so, what are the findings of the investigation?

NW2031E

REPLY:

I wish to inform the honourable member that the investigation into the contract for the supply of the electronic monitoring devices has been completed.
I have since received the report in the past few days. I am still studying the findings of the report, and have also referred it for expert advice in order to determine the most appropriate course of action in response there to.

Reply received: June 2015

PARLIAMENTARY QUESTION NO.: 1800

DATE OF QUESTION: 22 MAY 2015

DATE OF REPLY: 5 JUNE 2015

1800. Mr M G P Lekota (Cope) to ask the Minister of Justice and Correctional Services:

Whether he has commissioned any research or investigation or intends to commission any research or investigation into how the process subsequent to the findings made by the Public Protector against a member of the executive, a highly placed member of the legislature or of a member of the judiciary can be taken forward to achieve a proper resolution of the matter which is in keeping with the Constitution of the Republic of South Africa, 1996, and consonant with the rule of law in which justice is seen to be done; if not, why not; if so, what steps will he take in this regard and what is the time frame within which the research or the investigation will be completed or is to be completed?

NW 2019 E

REPLY:-

The Honorable member is requested to clarify the facts that he is referring to, in order for me to understand what information he is requiring me to provide.

Reply received: May 2015

PARLIAMENTARY QUESTION NO.: 1705

DATE OF QUESTION: 8 MAY 2015

DATE OF REPLY: 22 MAY 2015

1705. Adv A de W Alberts (FF Plus) to ask the Minister of Justice and Correctional Services:

With reference to his reply to question 1485 on 17 April 2015, what are the reasons why the process is taking so long to finalise this report for submission to the President;
Whether he will take any steps to expedite the process;
Why the Special Investigating Unit has acquired no input from the whistleblowers in the finalisation of this report?

NW 1926E

REPLY:-

The untimely demise of a key member of the investigation team has impacted severely on the finalization of the final report. The deceased member was in the process of attending to outstanding queries regarding the report. The SIU is in the process of reviewing and attending to the outstanding queries in consultation with documents retrieved from the deceased member’s records.

The SIU is endeavouring to finalise the report as best it can given the circumstances.

The report is being finalized based on the outcomes of the SIU’s investigation. The SIU does not, in terms of its methodology, normally seek input from whistleblowers when it finalses its reports. Whistleblowers are engaged during the investigation where necessary. There has however, been some recent engagement with the whistleblowers with regard to finalizing some of the outstanding issues on this matter which concerned the deceased member’s investigations.

PARLIAMENTARY QUESTION NO.: 1697

ATE OF QUESTION: 8 MAY 2015

DATE OF REPLY: 22 MAY 2015

1697. Ms T Stander (DA) to ask the Minister of Justice and Correctional Services:

How many convictions linked to rhino poaching have been made from 1 January 2015 to 5 May 2015, which occurred in (a) the Kruger National Park, (b) Ezemvelo, (c) the Addo Elephant Park, (d) the Eastern Cape, (e) the Free State, (f) Gauteng, (g) KwaZulu-Natal, (h) Limpopo, (i) Mpumalanga, (j) North West, (k) the Northern Cape and (l) the Western Cape?

NW 1917E

REPLY:-

Firstly, I wish to assure the Honourable member that the National Prosecution Authority as well as the relevant members of the Justice, Crime Prevention and Security Cluster, are working hard in collaboration with all relevant members of civil society as well as the Department of Environmental Affairs to address this scourge.

I have requested that the whole Justice System and Value Chain give specific attention to these offences, in collaboration with everyone who is tackling the scourge of rhinoceros-poaching.

I have been informed by the National Prosecuting Authority that as from the 1st January 2015 to the 5th May 2015, a number of rhinoceros poaching convictions were finalized. The details are as follows:

Summary:

Number of cases finalized (convicted and sentenced/acquitted/withdrawn/struck off roll): 7;
Number of accused involved in finalized cases: 21;
Number of accused convicted: 12;
Number of accused convicted and sentenced to a fine: 7;
Number of accused convicted and sentenced to direct imprisonment without the option of a fine: 5;
Number of accused convicted for possession of rhino horns: 2;
Number of accused convicted for dealing in rhino horns: 1;
Number of accused convicted for illegal hunting of rhinos: 3;
Number of accused convicted of conspiracy: 5; and
Number of accused convicted for illegal possession of fire-arm or ammunition/supplying fire-arms: 1

The details of the convictions as requested, for the period concerned, are as follows:

Kruger National Park: 0;
Ezemvelo: 0;
Addo Elephant Park: 0;
Eastern Cape: 1 person convicted;
Free State: 0;
Gauteng: 0;
KwaZulu-Natal: 1 person convicted;
Limpopo: 9 persons convicted;
Mpumalanga: 0;
North West: 0;
Northern Cape: 0; and
Western Cape: 1 person convicted.

Total is 12 convictions from 1 January 2015 to 5 May 2015.

Reply received: May 2015

PARLIAMENTARY QUESTION NO.: 1574

DATE OF QUESTION: 24 APRIL 2015

DATE OF REPLY: 8 MAY 2015

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

Whether a report related to acquittals or withdrawal of a number of high profile cases, including the Dewani and Booysen cases, (a) has been finalized and/or (b) submitted to him; if not, (i) when will the report be completed and (ii) will the report be made public;
Has any engagement between him and the (a) National Prosecuting Authority and (b) SA Police Service in relation to the report taken place; if so, what was the outcome of such engagement?

NW 1786E

REPLY:-

No, I have not formally received a report from the National Director of Public Prosecutions in this regard, as yet.

I have been informed that the National Director of Public Prosecutions has received a report from the Director of Public Prosecutions of the Western Cape, in relation to the two cases concerned.
However, the NDPP has not formally submitted the Report to the Ministry of Justice and Correctional Services as yet.

No, no formal engagement between myself and the (a) NPA nor the (b) SAPS, has taken place regarding these specific cases.

What I have indicated previously, is that I continue to engage with the whole Criminal Justice System value chain, including the SAPS and the NPA, regarding how the various role-players can be assisted to ensure that cases such as these, are managed as expeditiously and sensitively as possible. This is in relation to all cases involving victims, especially the vulnerable, and not only the so-called ‘high-profile’ cases.

Reply received: May 2015

QUESTION NO: 1567

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

Will his department table a report in the National Assembly regarding the alleged abuse of prisoners at Mangaung Prison in the Free State; if not, why not; if so, when? NW1779E

REPLY:

The investigation into alleged abuse at the Mangaung Correctional Centre (MCC) is ongoing. Responses from the Bloemfontein Correctional Consortium (BCC) to the initial report have prompted a number of further investigations.

Reply received: May 2015

QUESTION NO: 1557

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

Whether parole has been approved in respect of certain persons (names and details furnished); if not, what are the relevant reasons in each case?

NW1768E

	Name and Surname	Registration Number	Administrative consideration date	If not, what are the relevant reasons
(a)	Maguseni Mthokozisi Shibe	1253482		Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by NCCS and Minister.
(b)	Bhekizenso Mthembeni Msweli	1253486	2014/10/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by NCCS and Minister.
(c)	Sibusiso Chiliza	1253484	2014/10/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Profile report in process to be compiled for consideration by Correctional Supervision and Parole Board (CSPB), where after it will be submitted for consideration to NCCS and Minister.
(d)	Dee Yebo Magwaza	96185923	2014/10/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by NCCS and Minister.
(e)	Anilraj Singh	93462975	2014/10/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by NCCS and Minister.
(f)	Praveen Ramdas	93460663	2014/10/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by NCCS and Minister.
(g)	Colin Michael Hughes	94170052	2014/10/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by Minister.
(h)	Patrick Gasa	96182559	2014/04/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Profile report in process to be compiled for consideration by Correctional Supervision and Parole Board (CSPB), where after it will be submitted for consideration to NCCS and Minister. Offender still involved in Restorative Justice Programme.
(i)	Mark Anthony Ogle	94170053	2014/06/20	Serving a sentence of Life imprisonment (Van Wyk Judgment). Case in process to be considered by Minister.
(j)	Phillip Shoba	787221	2013/08/06	Serving a sentence of Life imprisonment (Van Vuuren Judgment). Case in process to be considered by Minister.
(k)	Tshanibezwe Nyuswa	200181278	2014/09/13	Serving a sentence of Life imprisonment (Van Wyk Judgment). Profile report in process to be compiled for consideration by Correctional Supervision and Parole Board (CSPB), where after it will be submitted for consideration to NCCS and Minister. Offender still involved in Psychological Programme.
(l)	Xolani Mthembu	200191214	2014/09/13	Serving a sentence of Life imprisonment (Van Wyk Judgment). Profile report in process to be compiled for consideration by Correctional Supervision and Parole Board (CSPB), where after it will be submitted for consideration to NCCS and Minister. Offender still involved in Psychological Programme.
(m)	Mkoziniphile Khoza	200459251	2014/05/17	Serving a sentence of Life imprisonment (Van Wyk Judgment). Profile report in process to be considered by Correctional Supervision and Parole Board (CSPB), where after it will be submitted for consideration to NCCS and Minister.
(n)	Dhamendra Deecie Hariram	201188695	2014/04/27	Serving a sentence of Life imprisonment (Van Wyk Judgment). Profile report in process to be compiled for consideration by Correctional Supervision and Parole Board (CSPB), where after it will be submitted for consideration to NCCS and Minister. Offender still involved in Psychological Programme.
(o)	Xolani Ndlovu	200479513	2013/01/30	Serving a sentence of Life imprisonment (Van Wyk Judgment). Recommendation of NCCS to be considered by Minister.

Reply received: May 2015

QUESTION NO: 1556

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

Whether any inmates incarcerated at Leeuwkop Prison, Medium C block have been denied facilities; if so, (a) what are the details of the relevant inmates who have been denied facilities, (b) what is the nature of the restriction and (c) what are the reasons for such restrictions? NW1767E

REPLY:

Below are details with regard to the various facilities available at the mentioned Correctional Centre and the restrictions imposed:

Type of Facility	(a) Detail of relevant inmates	(b) Nature of restriction	(c) Reason(s) for such restriction
Physical amenities and resources made available to the prison’s general population	N/A	N/A	N/A
Visitation rights	None	None	None
Access to any programmes targeting inmates	Nthabane Tebogo -209429848	No inmates were denied access to educational programmes offered at Leeuwkop Medium C facility. Offenders were given an opportunity to be transferred to Kgoši Mampuru II to write their exams. They refused in writing citing different reasons.	Others postponed to write in November/ December 2015 Others said that Kgoši Mampuru II is far from their families Others are awaiting the outcome of their motion with high court Others said these arrangements have a negative impact on their preparations for exams Three did not write their reasons UNISA has created hubs which are Johannesburg correctional centre and Kgoši Mampuru II, offenders who registered with UNISA were supposed to be transferred to those hubs.
	Mhlongacala Floyd - 202817096
	Soto Moses - 200815437
	Ngidi Bongani - 20088735
	Barucu Tony - 99267317
	Mokgoro Alexis - 212293217
	Khumalo Duncan - 205291359
	Mothuoe Modise - 206294162
	Blom Sibusiso - 207294032
	Marumoloa Lazarus - 98268253
	Mlabatheki b Mzolisi - 211292998
	Selala Philip - 212289790
	Damakude Sibisi - 212291789
	Tlou Kabelo - 209294663	Four (4) not permitted to register for Grade 12	South African Students who want to register for grade 12 need to have a valid South African identity document
	Mhaka Siphesenkosi - 212294259
	Maphosa Elijah - 208292532		Foreign nationals: Students who want to register for grade 12 need to have a valid identity document and a valid permit (where applicable).
	Chikosi Simbarashe - 201632168
Number of offenders who are registered with UNISA and were supposed to be transferred to UNISA hubs: 20	5 offenders transferred to Kgoši Mampuru II	2 offenders transferred to Johannesburg Correctional Centre	13 offenders are still at Leeuwkop Correctional Centre as they refused to be transferred 1: Still to be transferred to Johannesburg
Medical care	None	None	None
Special diets	None	None	None

Reply received: May 2015

PARLIAMENTARY QUESTION NO.: 1535

DATE OF QUESTION: 24 APRIL 2015

DATE OF REPLY: 8 MAY 2015

Mr B M Bhanga (DA) to ask the Minister of Justice and Correctional Services:

How many posts for (a) judges and (b) magistrates are currently vacant in each division or district? NW1746E

REPLY:

(a) JUDGES’ VACANCIES:

There are currently a total of twenty five (25) vacant posts of Judges in the different divisions of the High Courts. Of the 25 vacancies, six (6) of them were advertised and considered by the Judicial Service Commission (JSC) at its April 2015 sitting held on 13 to 15 April 2015. Following the interviews, the JSC has recommended six (6) candidates to the President to appoint them at the Supreme Court of Appeal and the various Divisions of the High Court. The vacancies of a Judge at the Constitutional Court and that of Deputy President of the Supreme Court of Appeal shall be considered by the JSC at its special sitting to be held on 9 to 10 July 2015. The other eleven (11) vacancies other than those at the Land Claims Court and Limpopo Local Division, Thohoyandou, shall be advertised and considered at the October 2015 sitting of the JSC. The five (5) vacancies in the Land Claims Court have been kept in abeyance as a result of the constitutional challenge to the Restitution of Land Rights Amendment Act, 2014 while the filling of the single vacancy in Limpopo Local Division of the High Court, Thohoyandou is dependent on the finalization of the demarcation process which is currently underway.

(b) MAGISTRATES’ VACANCIES:

(i) SUMMARY OF VACANCIES WITHIN THE LOWER (MAGISTRATES’) COURTS AS ON 23 APRIL 2015:
	No of posts advertised which have not been filled yet	No of posts to be advertised during next round
Regional Court President	0	0
Regional Magistrate	0	27
Special Grade Chief Magistrate	0	0
Chief Magistrate	0	4
Senior magistrate	55 [Advertised on 17.11.2013]	15
Magistrate	1 [Advertised on 18.3.2012]; and 186 [Advertised on 17.11.2013]	107
TOTAL	242	153

(ii) In respect of the 242 posts already advertised during 2013, the Magistrates’ Commission will conduct interviews from 4 May 2015 to 4 June 2015 to enable it to make recommendations, for the filling of 187 posts of Magistrate, to the Minister of Justice and Correctional Services.

(iii) In respect of the filling of the 55 posts of Senior Magistrate, the Magistrates’ Commission is currently awaiting the outcome of a pending Equality Court matter.

Reply received: May 2015

PARLIAMENTARY QUESTION NO.: 1485

DATE OF QUESTION: 17 APRIL 2015

DATE OF REPLY: 30 APRIL 2015

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

Whether, since his reply to oral question 21 of 19 August 2014, the Midvaal Local Authority has settled all the invoices from the Special Investigating Unit (SIU); if not, (a) why not and (b) whether the SIU will be taking any steps in this regard; if so, what are the relevant details; and
(a) what is the status of the SIU’s presidential report on the investigations into the Midvaal Local Authority and (b) what steps will be taken arising from the presidential report against persons who were allegedly involved in irregularities? NW 1698E

REPLY:-

No, the relevant invoices have not been settled.

I wish to inform the Honourable Member that during the period that Adv Vas Soni SC was the Head of the SIU, the SIU re-assessed the impact of the 2012 amendment to its empowering Act and, more particularly, the amendment that now empowers the SIU to charge for its services. The SIU concluded that in instances where the Proclamation mandating an investigation by the SIU, predates the above-mentioned amendment, and such investigation was not in line with a service level agreement, the SIU will not be entitled to enforce payments for its services.
The matter was raised with the National Treasury and the SIU was advised that it could still ask for a voluntary contribution under such instances. In the instance of Midvaal, there was no service level agreement and the Proclamation pre-dated the amendment to the SIU Act. The SIU does not intend to enforce payment for its services in this matter.

(a) The SIU has finalized its draft Presidential report which is currently under internal legal review. On finalization and approval of the Report, it will be forwarded to the Office of the Presidency as required by section 4(1) (g) of the SIU Act. The Final Presidential Report will set out what was established as a result of the SIU’s investigations and its recommendations thereon. The release of the content of the report after perusal and consideration will thereafter be, at the discretion of the Presidency.

(b) The steps to be taken arising from the presidential report against persons, who were allegedly involved irregularities, will be decided upon after the final submission of the Report to the Presidency.

2015-07-03

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