MINISTER OF JUSTICE, DULLAH OMAR, REPORTS TO NATIONAL COUNCIL OF PROVINCES ON 5 MAY 1998

ONE OF THE BIG CHALLENGES I ACCEPTED IN MAY 1994 - JUST 4 YEARS AGO, WAS THAT OF TRANSFORMING OUR JUSTICE SYSTEM - INCLUDING THE DEPARTMENT OF JUSTICE ITSELF, THE JUDICIAL SYSTEM (OUR COURTS) AND OTHER STRUCTURES OF JUSTICE. I KNEW THAT THE ANC LED GOVERNMENT HAD TAKEN OFFICE - NOT POWER. YES, THE DEMOCRATIC FORCES HAD ACHIEVED A HISTORIC BREAK-THROUGH - BY REMOVING THE WHITE MINORITY REGIME FROM POWER THROUGH DEMOCRATIC ELECTIONS AND PUTTING INTO PLACE A DEMOCRATICALLY ELECTED NATIONAL PARLIAMENT AND PROVINCIAL PARLIAMENTS. FOR THE REST NOTHING CHANGED IN 1994. IN EVERY FACET OF LIFE, ECONOMY, FINANCIAL STRUCTURES, LAND, HOUSING, EDUCATION, FACTORIES, FARMS, PROFESSIONS, SPORT, ARTS, CULTURE, ARMY, CIVIL SERVICE, POLICE, COURTS, OTHER INSTITUTIONS OF JUSTICE - EVERYTHING EXCEPT THE TALK SHOPS (PARLIAMENT AND LEGISLATURE), WHITE DOMINATION, APARTHEID AND THE ETHOS OF WHITE DOMINATION AND BLACK SUBSERVIENCE REMAINED IN PLACE. ONLY A FOOL BELIEVES THAT WITH POLITICAL CHANGE IN 1994 THERE SIMULTANEOUSLY CAME SOCIAL, ECONOMIC, INSTITUTIONAL OR ATTITUDINAL CHANGE. WE INHERITED A SOCIETY WITH MASSIVE RACIAL AND GENDER IMBALANCES AND INEQUALITIES. THE INJUSTICES OF THE PAST CONTINUED INTO THE POST 1994 PERIOD BECAUSE THEY WERE IMBEDDED IN THE SOCIAL, ECONOMIC AND INSTITUTIONAL ARRANGEMENTS WE INHERITED. THAT IS WHY I AM SAYING "IN 1994 WE TOOK OFFICE, NOT POWER".

THE CHALLENGE BEFORE US HAS BEEN TO SEIZE THE OPPORTUNITY THAT POLITICAL OFFICE PRESENTED TO US, TO DRIVE THE PROCESS OF TRANSFORMATION. IN THE ANC ALLIANCE WE SAY THAT WE HAVE NOT AS YET ACHIEVED THE OBJECTIVES OF THE NATIONAL DEMOCRATIC REVOLUTION. FULFILLNG THE TASKS OF THE N.D.R. IS THE OBJECTIVE AND SUBJECTIVE BASIS OF THE ANC LED ALLIANCE. 1994 WAS THE STARTING POINT OF DEMOCRATIZATION - NOT THE END POINT. NOBODY - NEITHER WHITE OR BLACK NEED TO FEAR THAT PROCESS BECAUSE IT IS INCLUSIVE - NOT EXCLUSIVE, IT INVOLVES NATION-BUILDING, UNITING THE COUNTRY, ENDING THE TERRIBLE CULTURE OF VIOLENCE AND CORRUPTION, REDRESSING APARTHEID CREATED IMBALANCES AND INEQUALITIES AND MAKING SOUTH AFRICA A BETTER PLACE FOR EVERYONE TO LIVE IN.

THE OBJECTIVES OF THE NDR ARE NOBLE. BUT WE INHERITED A COUNTRY WHICH WAS IN A MESS. THE CANCER OF VIOLENCE, CORRUPTION AND POVERTY ARE DIFFICULT TO ERADICATE. IT IS NOT A SINGLE EVENT - IT IS A LONG AND DIFFICULT PROCESS.

TRANSFORMING THE JUSTICE SYSTEM AND ALL STRUCTURES
ADMINISTERING JUSTICE IS AN INSEPARABLE PART OF THAT PROCESS OF DEMOCRATIZATION. THIS INCLUDES MAKING ALL INSTITUTIONS REPRESENTATIVE IN TERMS OF RACE AND GENDER AND DEVELOPING A NON-RACIAL AND GENDER SENSITIVE APPROACH. IN 1994 I TOOK OVER 11 APARTHEID BASED DEPARTMENTS WHICH WERE GEARED TO SERVE THE APARTHEID ORDER. NEITHER OUR COURTS OR PROSECUTION SERVICES AND OTHER JUSTICE INSTITUTIONS ENJOYED ANY CREDIBILITY AMONGST THE MAJORITY OF SOUTH AFRICA'S PEOPLE. THE SYSTEM WAS DESIGNED TO SERVE THE INTERESTS OF 20% OF SOUTH AFRICA'S PEOPLE.. INSTEAD OF SERVING 20%, THE NEW JUSTICE SYSTEM HAD TO SERVE 100% - ALL THE PEOPLE. BUT THE STRUCTURES WERE UNTRANSFORMED, OVERWHELMINGLY WHITE DOMINATED AND AFRIKAANS DOMINATED, THE CULTURE AND ETHOS OF THE APARTHEID SYSTEM REMAINED. THAT WAS OUR LEGACY. WHAT HAVE WE DONE SINCE MAY 1994 TO EFFECT TRANSFORMATION.

JUSTICE FUNCTION
THE JUSTICE DEPARTMENT'S FUNCTIONS COVER A VERY WIDE AREA - IMPLEMENTING THE CONSTITUTION, ADMINISTERING THE INSTITUTIONS CREATED BY THE CONSTITUTION, ADMINISTERING ALL THE COURTS INCLUDING THE CONSTITUTIONAL COURT, HIGH COURTS, MAGISTRATES COURTS, LAND CLAIMS COURT, LABOUR COURTS AND LABOUR APPEAL COURTS AND SMALL CLAIMS COURTS, THE AREAS OF CIVIL AND CRIMINAL JUSTICE, THE SHERIFFS PROFESSION, MATTERS RELATING TO LEGAL EDUCATION AND THE LEGAL PROFESSION AND A NUMBER OF OTHERS. WE ARE RESPONSIBLE FOR THE TRUTH AND RECONCILIATION COMMISSION AND WE ARE ALSO REQUIRED TO ADMINISTER NEARLY 160 DIFFERENT LAWS. WE ARE RESPONSIBLE FOR THE CERTIFICATION OF ALL LEGISLATION AND PROVIDING LEGAL ADVICE TO GOVERNMENT AT EVERY LEVEL.

I AM ABLE TO REPORT PROGRESS IN ALL AREAS OF MY WORK. FOR THE PRESENT I SHALL RESTRICT MYSELF TO THREE AREAS:
(A) THE DEPARTMENT OF JUSTICE AND ITS TRANSFORMATION.
(B) THE JUDICIAL SYSTEM AND ITS TRANSFORMATION; AND
(C) THE ROLE OF THE JUSTICE DEPARTMENT AND COURTS IN THE FIGHT
AGAINST CRIME.

THE DEPARTMENT OF JUSTICE
IT TOOK US THREE YEARS TO CREATE A SINGLE UNITED DEPARTMENT OF JUSTICE (IN PLACE OF THE 11) WITH HEAD OFFICES IN PRETORIA AND WITH A TOP MANAGEMENT WHICH IS REPRESENTATIVE IN TERMS OF RACE. WE ARE NOT YET FULLY REPRESENTATIVE IN TERMS OF GENDER, BUT THAT IS COMING. THERE WERE MANY PRACTICAL PROBLEMS RELATING TO ADMINISTRATION, PERSONNEL, FINANCIAL SYSTEM, LAWS AND REGULATIONS. RATIONALIZATION IN ALL THESE AREAS IS WELL ADVANCED. PROBLEMS ARE BEING DEALT WITH. HAVING BROKEN DOWN THE OLD APARTHEID DIVISIONS AND CREATING A SINGLE DEPARTMENT AND HAVING PUT INTO PLACE UNIFORM STANDARDS, SYSTEMS AND NORMS THROUGHOUT THE COUNTRY, WE COMMENCED A PROCESS OF DECENTRALIZATION OF ADMINISTRATION. OUR ORGANOGRAM PROVIDES FOR THE SETTING UP OF A REGIONAL OFFICE IN EACH PROVINCE. MANY OF THESE OFFICES ARE ALREADY OPERATIONAL. EACH HAS A REGIONAL HEAD IN CHARGE. THE MORE VIBRANT AND EFFECTIVE THE REGIONAL OFFICES BECOME OVER TIME, THE LEANER HEAD OFFICE WILL BECOME. THE BROAD OBJECT IS TO BRING JUSTICE CLOSER TO THE PEOPLE.

THE ROLE OF THESE OFFICES WILL RELATE MAINLY TO THE EFFECTIVE MANAGEMENT OF PERSONNEL, FINANCIAL MANAGEMENT, PROVISIONING OF AUXILIARY SERVICES, PROMOTION OF SOUND LABOUR RELATIONS AND DEMOCRACY AT THE WORKPLACE, HANDLING OF LEGAL ADMINISTRATION, INSPECTION SERVICES AND TRAINING NEEDS. THIS WILL ENSURE QUANTITATIVE AND QUALITATIVE DELIVERY OF SERVICE WITH EFFICIENCY AND EFFECTIVENESS TO THE COMMUNITY. THE REGIONAL OFFICES WILL PLAY AN IMPORTANT ROLE IN THE NEW DECENTRALIZED COURT MANAGEMENT SYSTEM AND OVER TIME WILL ENABLE COURTS TO CONCENTRATE MOST OF THE TIME TO THEIR JUDICIAL FUNCTIONS.

IN EFFECTING THESE CHANGES, WE ARE MINDFUL OF THE NEED TO ENSURE THAT THE INDEPENDENCE OF THE JUDICIARY IS PROMOTED AND RESPECTED.

THE COURTS
THE CLUSTER SYSTEM
WITH A VIEW TO RESTRUCTURE EXISTING COURTS AND THE CREATION OF A UNIFORM, DECENTRALISED MANAGEMENT PLAN FOR ALL SOUTH AFRICAN COURTS, THE NEW CLUSTER SYSTEM HAS BEEN DEVELOPED. IN THIS REGARD THE MAGISTRATES COMMISSION PLAYS THE CENTRAL ROLE.

THE IDEA BEHIND THE CLUSTER SYSTEM IS TO ENSURE THAT IN THE MANAGEMENT OF COURTS, EFFICIENCY AND ECONOMY ARE ACHIEVED, BUT IN A WAY WHICH ASSURES THAT COURTS AND JUDICIAL OFFICERS FUNCTION AND THAT IN THEIR FUNCTIONING THERE IS NO INTERFERENCE.

IN RESPECT OF THE PERFORMANCE OF THEIR JUDICIAL FUNCTIONS, A SYSTEM HAD TO BE DEVISED WHICH IS CONSISTENT WITH JUDICIAL INDEPENDENCE. A CLUSTER MANAGEMENT IS ESTABLISHED, CONSISTING OF MAGISTRATES. SENIOR MAGISTRATES PLAY A ROLE IN EXERCISING CONTROL, WHILE A CHIEF MAGISTRATE, CALLED THE HEAD OF THE CLUSTER, PRESIDES OVER THIS GROUP. FOURTEEN CLUSTERS HAVE ALREADY BEEN CREATED.

IT IS NOT PERMISSIBLE TO EXERT CONTROL OVER MAGISTRATES REGARDING THE WAY THEY RUN THEIR COURTS OR WRITE THEIR JUDGMENTS. HOWEVER, IN CERTAIN OTHER AREAS, SUCH AS THE KEEPING OF STATISTICS, A MEASURE OF REGULATION WILL HAVE TO BE CONSIDERED. WHILST THE DEPARTMENT MAKES THE FINANCIAL AND LOGISTICAL ARRANGEMENTS FOR TRAINING, THE NATURE AND CONTENT OF THE TRAINING PROGRAMMES ARE MATTERS FOR THE MAGISTRATES COMMISSION.

THE STRUCTURE FOR THE CLUSTER SYSTEM HAS BEEN ESTABLISHED AND IMPLEMENTED COUNTRYWIDE IN ALL PROVINCES WITH EFFECT FROM AUGUST 1997. MAGISTERIAL DISTRICTS HAVE BEEN GROUPED INTO FOURTEEN CLUSTERS WITHIN THE RESPECTIVE PROVINCIAL BOUNDARIES.

THE COURT MANAGEMENT COMMITTEE APPOINTED BY THE MAGISTRATES COMMISSION IN CONSULTATION WITH MYSELF, HAS DRAFTED A JUDICIAL MANUAL FOR THE DISTRICT COURTS. THE MANUAL RELATES TO THE IMPLEMENTATION OF THE COURT MANAGEMENT SYSTEM. PLANS TO COMPILE MANUALS FOR THE REMAINING CLUSTERS, I.E PROSECUTION AND ADMINISTRATION ARE ALSO FAR ADVANCED. CERTAIN GREY AREAS WILL BE RESOLVED ONCE THE MANUALS FOR PROSECUTION AND ADMINISTRATION. HAVE BEEN DRAFTED. ROLE PLAYERS SUCH AS THE ATTORNEYS GENERAL WILL BE CONSULTED.

WE ARE CURRENTLY IN A TRANSITIONAL PERIOD DURING WHICH MAGISTRATES ARE STILL PERFORMING ADMINISTRATIVE FUNCTIONS. THE AIM OF THE CLUSTER SYSTEM OVER A PERIOD OF TIME IS TO SEPARATE ADMINISTRATION AND PROSECUTION FROM THE JUDICIARY, TO ENABLE MAGISTRATES TO DEAL EXCLUSIVELY WITH JUDICIAL FUNCTIONS.

IT IS ENVISAGED THAT THE IMPLEMENTATION OF THIS SYSTEM WILL RESULT IN A VAST IMPROVEMENT IN COURT MANAGEMENT. WHILST IT WILL CREATE UNIFORMITY, IT LEAVES ROOM FOR LOCAL INITIATIVES. IT WILL ENHANCE AND DEVELOP THE SKILLS AND TRAINING OF JUDICIAL OFFICERS; AND OPTIMISE THE USE OF LIMITED AVAILABLE RESOURCES IN AN EQUITABLE MANNER. ULTIMATELY, BY ALSO ADDRESSING THE IMBALANCES INHERITED FROM THE FORMER HOMELAND REGIONS, THE CLUSTER SYSTEM WILL LEAD TO A MORE EFFECTIVE AND EFFICIENT ADMINISTRATION OF JUSTICE AND HELP TO ENSURE AN EQUAL EQUALITY OF JUSTICE IN SOUTH AFRICA.

CASE MANAGEMENT
AUTOMATION OF ATTORNEYS'-GENERAL OFFICES
DURING THIS FINANCIAL YEAR THE DEPARTMENT OF JUSTICE EARMARKED R19 MILLION FOR THE UPGRADING AND AUTOMATION OF ALL 13 ATTORNEYS'-GENERAL OFFICES AND IT WILL GO OUT ON TENDER SOON. THIS IS RDP- FUNDED AND IS PART OF THE DEPARTMENT'S PROGRAMME OF WORK IN THE NCPS. THE SPECIFIC PURPOSE OF THIS PROJECT IS TO PROVIDE AND INSTALL A MODERN INFORMATION TECHNOLOGY INFRASTRUCTURE FOR THE NCPS IN ALL THESE OFFICES. THESE SYSTEMS INCLUDE JUTASTAT, A CASE TRACKING SYSTEM, THE LATEST VERSION OF WORD PERFECT, INTERNET FOR RESEARCH PURPOSES AND IN SOME INSTANCES, E-MAIL. THIS WHOLE SYSTEM WILL BE CONNECTED ON A NETWORK AND VARIOUS CHIEF MAGISTRATE'S OFFICES WILL BE INCLUDED IN THE PROJECT. THE SHORT- TERM OBJECTIVE IS TO ENSURE THAT EVERYONE IN THE ATTORNEYS'-GENERAL OFFICES HAS A COMPUTER ON HIS OR HER DESK, EQUIPPED WITH THOSE PROGRAMMES AND THAT HE OR SHE WILL BE ABLE TO USE IT PROPERLY. THE MEDIUM TO LONG-TERM OBJECTIVE WITH THIS WHOLE PROJECT IS TO LINK UP ALL THE PROSECUTORS AT ALL THE MAGISTRATE'S OFFICES WITH THE ATTORNEYS'-GENERAL OFFICES.

THE PROJECT ALSO INCLUDES COMPUTER LITERACY TRAINING FOR ALL PERSONNEL AT THE ATTORNEYS'-GENERAL OFFICES. THIS PART OF THE PROJECT WILL BE FUNDED BY BUSINESS AGAINST CRIME.

JUTASTAT
IN THE PAST, LAW REPORTS WERE USED IN THE COURTS OF LAW FOR THE PURPOSE OF REFERENCES AND RESEARCH. IN SOME CASES THIS DELAYED THE PREPARATION AND PASSING OF JUDGMENTS. LOWER COURTS FOLLOW THE PRECEDENTS SET BY HIGHER COURTS. THEREFORE CASE REFERENCES ARE OF THE UTMOST IMPORTANCE FOR PROSECUTORS AND MAGISTRATES, AS WELL AS THE PERSONNEL OF THE ATTORNEYS'-GENERAL OFFICES.

JUTASTAT REVOLUTIONISES THIS WHOLE SYSTEM, AS INFORMATION ABOUT DIFFERENT CASES TRIED IN THE COURTS OF LAW AND DECISIONS MADE BY THE JUDGES OF THE HIGH COURTS ARE RETAINED ON COMPACT DISC. THEREFORE IT IS EASY TO USE AND SPEEDS UP THE PROCESS OF EXTRACTING CORRECT AND APPLICABLE INFORMATION. THESE FACILITIES MAKE IT EASIER FOR THE PROSECUTORS, MAGISTRATES, ATTORNEYS AND JUDGES AS WELL AS OTHER LEGAL ADMINISTRATION PERSONNEL, TO PREPARE FOR CASES AND THUS LESSEN THE PROBLEM OF BACKLOGS CAUSED BY THE DELAYS IN PREPARING CASES.

VIDEO CONFERENCING
AS PART OF THE DEPARTMENT'S PLAN TO MAKE JUSTICE MORE ACCESSIBLE TO EVERYONE, WE ARE AT PRESENT INVESTIGATING THE POSSIBILITIES OF VIDEO CONFERENCING. THIS WILL PROBABLY BE A JOINT VENTURE BETWEEN THE DEPARTMENT, THE DEPARTMENT OF CORRECTIONAL SERVICES AND THE SOUTH AFRICAN POLICE SERVICES, RESULTING IN A SHARING OF COSTS. IT IS EXPECTED THAT THE PILOT SYSTEM WILL BE USED BETWEEN THE JOHANNESBURG MAGISTRATE'S COURT AND DIEPKLOOF PRISON.

THESE VIDEO CONFERENCING FACILITIES CAN BE USED FOR ARRAIGNMENTS, FIRST HEARINGS CONDUCTED FROM POLICE STATIONS, TRAINING AND NATIONAL MANAGEMENT MEETINGS.

THE INSTALLATION OF THE SYSTEM IN A COURT, AT A POLICE STATION AND AT THE PRISON WILL ALLOW THE MAGISTRATES' OFFICES TO CARRY OUT ARRAIGNMENTS AND FIRST HEARINGS WITHOUT HAVING TO MOVE AWAITING TRIAL PRISONERS BETWEEN THE POLICE STATION, PRISON AND COURT. THIS WILL REDUCE CONGESTION IN COURTS AND THE POSSIBILITY OF ESCAPES. LEGISLATION MAY BE NECESSARY IN RESPECT OF COURT HEARINGS..

NATIONAL MANAGEMENT MEETINGS CAN BE HELD BETWEEN TWO (OR MORE) CENTRES WITHOUT THE NEED FOR A PERSON TO LEAVE THE OFFICE AND TRAVEL TO ANOTHER CENTRE. THIS WILL RESULT IN SAVINGS, SINCE THERE WILL BE NO NEED TO TRAVEL AND STAY OVER IN AN HOTEL. OFFICIALS WILL ALSO SPEND LESS TIME AWAY FROM THE OFFICE, THUS RESULTING IN INCREASED PRODUCTIVITY AND A MORE EFFECTIVE JUSTICE SYSTEM.

TRAINING CAN BE GIVEN FROM THE NATIONAL HEAD OFFICE TO ANY OTHER CENTRE IN THE COUNTRY WHERE THE SYSTEM IS INSTALLED. AS WITH THE NATIONAL MANAGEMENT MEETINGS, THERE WILL BE NO NEED TO TRAVEL FAR DISTANCES, SLEEP OVER AND PAY SUBSISTENCE MONIES.

THE PILOT SYSTEM TO BE USED AT THE JOHANNESBURG MAGISTRATE'S COURT AND DIEPKLOOF PRISON, WILL GO THROUGH A TRIAL PERIOD OF THREE MONTHS. AFTER THE THREE MONTHS, IF PROVEN FEASIBLE, OTHER SYSTEMS WILL ALSO BE INSTALLED IN MAJOR CENTRES OF THE COUNTRY.

AUTOMATION OF MAINTENANCE AND CASH DEPOSIT SYSTEM
INVESTIGATIONS HAVE BEEN UNDERTAKEN TO ASCERTAIN THE FEASIBILITY FOR THE DEPARTMENT OF JUSTICE TO AUTOMATE THE FINANCIAL ADMINISTRATION OF TRUST MONIES DEALT WITH BY OUR COURTS. AT PRESENT BAIL, MAINTENANCE AND FINES ARE PAID INTO AND COLLECTED FROM A SPECIFIC COURT, USUALLY IN CASH. THESE PAYMENTS ARE RECEIPTED IN WRITING AND THE MONEY DEPOSITED DAILY INTO COURT.

CONSEQUENTLY THERE ARE DAILY DEPOSITS INTO AND WITHDRAWALS FROM A BANK, INVOLVING LARGE AMOUNTS OF MONEY..

THERE ARE PROBLEMS ASSOCIATED WITH THE CURRENT SYSTEM. MANY STAFF MEMBERS GET BOGGED DOWN WITH THIS WORK. CONGESTION OCCURS IN COURTS, RESULTING IN INCONVENIENCE FOR THE PUBLIC. OPPORTUNITIES ARE CREATED FOR CORRUPTION, THEFT AND EVEN ROBBERIES. IT MUST BE KEPT IN MIND THAT THE HANDLING AND ACCOUNTING OF MONEY IS NOT A CORE FUNCTION OF THE DEPARTMENT, YET THE AMOUNT OF MONEY DEALT WITH BRINGS THE DEPARTMENT ON PAR WITH THAT OF A COMMERCIAL BANK.
THROUGHOUT THE COUNTRY OUR COURTS HANDLE R95 MILLION PER MONTH.
IT IS OUR VISION TO REPLACE THE CURRENT SYSTEM WITH ONE THAT WOULD ENABLE THE DEPARTMENT OF JUSTICE TO REFOCUS ITS EFFORTS ON ITS CORE BUSINESS, NAMELY THE ADMINISTRATION OF JUSTICE. FOLLOWING INVESTIGATIONS, WE ARE NOW AT AN ADVANCED STAGE OF DISCUSSIONS WITH VARIOUS FINANCIAL INSTITUTIONS TO ACHIEVE THIS GOAL. THE ADVANTAGES FOR THE GENERAL PUBLIC ARE CLEARLY EVIDENT - THIS PROJECT WILL ALLOW A PERSON TO COLLECT THEIR MAINTENANCE OR PAY MAINTENANCE, BAIL OR FINES, AT ANY BANK, ATM, COURT, POST OFFICE AND AT MANY RETAIL INSTITUTIONS. IT WILL ENSURE GREATER PUBLIC ACCESS AND RESULT IN MASSIVE COST BENEFITS. I HOPE THAT THROUGH THIS INNOVATION THE TERRIBLE INCONVENIENCE AND SUFFERING, ESPECIALLY OF OUR WOMEN WILL COME TO AN END.
A NUMBER OF PRACTICAL PROBLEMS RELATING TO IMPLEMENTATION MUST STILL BE RESOLVED. ONE MUST THEREAFTER NOT EXPECT IMMEDIATE IMPLEMENTATION.

AUTOMATION OF THE CIVIL JUSTICE SYSTEM
THE CIVIL JUSTICE SYSTEM IS AN AREA OFTEN OVERSHADOWED BY THE CRIMINAL JUSTICE SYSTEM. YET, IN TERMS OF EFFICIENCY, ACCESSIBILITY AND COSTS IMPLICATIONS, ADVANCEMENTS IN THIS AREA HOLD GREAT ADVANTAGES FOR BOTH THE EFFICIENT ADMINISTRATION OF JUSTICE AND THE PUBLIC. THE DEPARTMENT HAS THEREFORE INVESTIGATED THE POSSIBILITY OF AUTOMATING THE CIVIL JUSTICE SYSTEM. A PILOT PROJECT IS DUE TO BE LAUNCHED AT THE JOHANNESBURG MAGISTRATE'S COURT IN THE NEAR FUTURE. THIS PROJECT IS DESIGNED TO ENSURE THE AUTOMATION OF THE CIVIL JUSTICE SYSTEM AT NO COST TO THE DEPARTMENT. A PUBLIC-PRIVATE PARTNERSHIP IS ENVISAGED AND IT WILL RESULT IN GREATER EFFICIENCY IN THE MANAGEMENT OF THE CIVIL JUSTICE SYSTEM AND PROVIDE EASIER ACCESS BY THE PUBLIC.

DEPARTMENTAL PERSONNEL
VACANCIES / ADDITIONAL POSTS
MANY POSTS, VACANT FOR A LONG TIME, HAVE BEEN FILLED, BUT WE SUFFER FROM CONSTANT RESIGNATIONS SOTHAT THERE ARE ALWAYS VACANCIES TO BE FILLED. SOME OF THE PRESSURE ON OUR PERSONNEL WILL BE EASED BECAUSE TREASURY HAS APPROVED THE CREATION OF A NUMBER OF ADDITIONAL POSTS OVER A PERIOD OF THREE YEARS. 330 CRITICAL POSTS HAVE ALREADY BEEN ADVERTISED AND WILL BE FILLED IN DUE COURSE.

HUMAN RESOURCE DEVELOPMENT (TRAINING)
JUSTICE COLLEGE TRAINING PROGRAMME
VARIOUS DIVERSE TRAINING PROGRAMMES HAVE BEEN INITIATED AT JUSTICE COLLEGE. THESE PROGRAMMES INCLUDE:

INTRODUCTORY CIVIL COURT SEMINAR
AN INTRODUCTORY CIVIL COURT SEMINAR IS PRESENTED FOR MAGISTRATES WITH MINIMAL EXPERIENCE AND WHO SEEK GUIDANCE IN THE FINER POINTS RELATING TO CIVIL WORK. DURING THIS SEMINAR EMPHASIS IS PLACED ON THE LAW OF CIVIL PROCEDURE, THE LAW OF EVIDENCE AND FUNDAMENTAL RIGHTS. SELECTED ASPECTS OF SUBSTANTIVE LAW ARE ALSO DEALT WITH. BECAUSE IT IS OFTEN EXPECTED OF CIVIL COURT MAGISTRATES TO PERFORM QUASI JUDICIAL FUNCTIONS, SEVERAL TOPICS SUCH AS INSOLVENCY PROCEEDINGS, MAINTENANCE MATTERS, INQUESTS AND GENERAL OFFICE ADMINISTRATION ARE ALSO ADDRESSED. DURING THE PERIOD APRIL 1997 - MARCH 1998, 136 MAGISTRATES ATTENDED FOUR SUCH SEMINARS.

ADVANCED CIVIL COURT SEMINARS
ADVANCED CIVIL COURT SEMINARS OF FOUR WEEKS' DURATION ARE PRESENTED TO MAGISTRATES WHO HAVE ALREADY ACQUIRED CONSIDERABLE EXPERIENCE IN THE CIVIL COURT. THESE SEMINARS ARE ORGANISED IN THE FORM OF ADVANCED GROUP DISCUSSIONS AND WORKSHOPS IN SPECIFIC PROBLEM AREAS OF SUBSTANTIVE LAW, FUNDAMENTAL RIGHTS AND CAPITA SELECTA FROM THE LAW OF EVIDENCE AND CIVIL PROCEDURE. ONE SUCH SEMINAR IS PRESENTED ANNUALLY. DURING THE RELEVANT PERIOD 21 MAGISTRATES ATTENDED.

ASPIRANT MAGISTRATES' SEMINAR
THIS IS A MANDATORY COURSE FOR ANY PERSON SEEKING APPOINTMENT AS MAGISTRATE. IT ENTAILS A WRITTEN EXAMINATION AT THE CONCLUSION OF THE COURSE AND SUCCESSFUL COMPLETION THEREOF IS A PREREQUISITE FOR APPOINTMENT AS MAGISTRATE. IT ENCOMPASSES A BASIC OVERVIEW OF CIVIL LAW AND PROCEDURE, AND SEEKS TO EQUIP CANDIDATES WITH A SUFFICIENT WORKING KNOWLEDGE OF THE CIVIL COURTS TO ENABLE THEM TO FUNCTION EFFECTIVELY AS CIVIL JUDICIAL OFFICERS. TWO SUCH COURSES, ATTENDED BY 63 ASPIRANT MAGISTRATES, WERE PRESENTED DURING THE PAST YEAR.

CRIMINAL COURT TRAINING FOR MAGISTRATES
UNDER THE DIRECTION OF THE MAGISTRATES COMMISSION, JUSTICE COLLEGE PRESENTED THE FOLLOWING CRIMINAL COURT TRAINING COURSES FOR MAGISTRATES DURING THE PAST YEAR:
FOUR ASPIRANT MAGISTRATES SEMINARS, ATTENDED BY 105 ASPIRANT MAGISTRATES
ONE ASPIRANT REGIONAL MAGISTRATE SEMINAR, ATTENDED BY 82 MAGISTRATES
TWO MAGISTRATES SEMINARS, ATTENDED BY 45 MAGISTRATES
ONE REGIONAL MAGISTRATES REFRESHER SEMINAR, ATTENDED BY 80 MAGISTRATES

TRAINING OF PROSECUTORS
DURING THE PAST YEAR THE FOLLOWING PROSECUTORS COURSES WERE PRESENTED IN CO-OPERATION WITH ATTORNEYS-GENERAL:
TWO PROSECUTORS COURSES OF SIX WEEKS' DURATION, ATTENDED BY 114 PROSECUTORS
ONE ADVANCED PROSECUTORS COURSE, ATTENDED BY 81 PROSECTORS
ONE STATE ADVOCATES SEMINAR, ATTENDED BY 29 ADVOCATES
ONE SEMINAR FOR CANDIDATE PROSECUTORS CURRENTLY INVOLVED WITH THE FAST-TRACKING OF PROSECUTORS TRAINING PROGRAMME. 98 CANDIDATE PROSECTORS ATTENDED THIS COURSE.
ONE SEMINAR ON CHILD ABUSE FOR PROSECUTORS, ATTENDED BY 68 OFFICIALS
FOUR ONE-WEEK COURSES TO CANDIDATE PROSECUTORS, ATTENDED BY 98 CANDIDATES

LAY ASSESSORS TRAINING PROGRAMME
JUSTICE COLLEGE IS CURRENTLY INVOLVED WITH THE PRESENTATION OF 14 ONE-DAY SEMINARS, SENSITISING ROLE-PLAYERS TO LEGISLATION DEALING WITH THE APPOINTMENT OF LAY ASSESSORS.

TRAINING ON NEW BAIL LEGISLATION
EARLIER THIS YEAR, 17 CENTRES WERE VISITED AND LECTURES GIVEN ON THE WORKING OF THE NEW BAIL LEGISLATION, TO MAINLY PROSECUTORS AND POLICE OFFICERS FROM THE DETECTIVE BRANCHES. OVER 600 PROSECUTORS AND APPROXIMATELY 330 POLICE OFFICERS WERE REACHED. GUIDELINES IN THIS REGARD WERE ALSO DEVELOPED. THE TRAINING OF MAGISTRATES IS ALSO ENVISAGED.

NCPS JOINT TRAINING
AN NCPS JOINT TRAINING COMMITTEE HAS BEEN ESTABLISHED, REPRESENTING THE DEPARTMENTS OF JUSTICE, WELFARE, CORRECTIONAL SERVICES, HOME AFFAIRS AND THE SOUTH AFRICAN POLICE SERVICES. THE PURPOSE OF THIS CORE GROUP IS TO CO-ORDINATE A JOINT TRAINING PROGRAMME TO ADDRESS THE NCPS. A NUMBER OF IMPORTANT JOINT TRAINING OPPORTUNITIES HAVE BEEN IDENTIFIED AND STEPS ARE CURRENTLY BEING TAKEN TO IMPLEMENT THIS JOINT TRAINING.

SOCIAL CONTEXT TRAINING
THE LAW, RACE AND GENDER RESEARCH UNIT FROM UCT PRESENTS A WORKSHOP ON SOCIAL CONTEXT TRAINING AT EVERY TRAINING COURSE FOR MAGISTRATES. JUSTICE COLLEGE AND THIS UNIT ARE PLANNING TO INTEGRATE SOCIAL CONTEXT ISSUES IN THE REGULAR SYLLABI THROUGH A SERIES OF WORKSHOPS, STARTING WITH PROCEDURE, EVIDENCE AND DELICT.

TRAINING IN FUNDAMENTAL RIGHTS
FUNDAMENTAL RIGHTS TRAINING AT JUSTICE COLLEGE IS ATTENDED TO BY THE INSTITUTE FOR FUNDAMENTAL RIGHTS, COMPRISING TWO PERMANENT LECTURERS. BECAUSE OF THE PROVISIONS OF THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA, 1996 (ACT NO.108 OF 1996) (PREVIOUSLY ACT NO. 200 OF 1993) AND THE APPLICATION OF THE BILL OF RIGHTS IN CHAPTER 2 OF THE ACT PERMEATE ALMOST EVERY ASPECT OF LEGAL THEORY AND PRACTICE, ALL LECTURERS ARE INVOLVED IN THE INSTITUTE'S ACTIVITIES FROM TIME TO TIME. MODULES IN FUNDAMENTAL RIGHTS ARE INCLUDED IN ALL COURSES PRESENTED AT OR BY JUSTICE COLLEGE. THE INSTITUTE WAS ALSO INTENSELY INVOLVED IN A NEW PROJECT LAUNCHED BY JUSTICE COLLEGE, NAMELY WORKSHOPS FOR REGIONAL MAGISTRATES. TWO WORKSHOPS, ENCOMPASSING TWO AND THREE DAYS RESPECTIVELY, HAVE ALREADY BEEN PRESENTED, DURING WHICH FUNDAMENTAL RIGHTS OCCUPIED AN IMPORTANT POSITION.

IN VIEW OF THE FACT THAT 1998 IS INTERNATIONAL HUMAN RIGHTS YEAR, JUSTICE COLLEGE HAS DECIDED TO PRESENT A SPECIAL HUMAN RIGHTS PROGRAMME. THIS PROJECT WILL INCLUDE A JOINT PROJECT WITH THE CENTRE FOR APPLIED LEGAL STUDIES TO TRAIN MAGISTRATES, A JOINT PROJECT WITH THE RAOUL WALLENBURG INSTITUTE, SWEDEN, TO TRAIN STATE ATTORNEYS AND STATE LAW ADVISORS AND A JOINT PROJECT WITH THE EUROPEAN FOUNDATION FOR HUMAN RIGHTS AND LAWYERS FOR HUMAN RIGHTS, TO TRAIN PROSECUTORS ON INTERNATIONAL HUMAN RIGHTS DAY. A TWO-DAY COURSE ON BASIC HUMAN RIGHTS WILL BE RUN IN EACH OF THE NINE REGIONS FOR CLERKS, INTERPRETERS AND PARA-LEGALS.

CANADA - SOUTH AFRICA JUSTICE LINKAGE PROJECT
AT PRESENT EIGHT TRAINING PROGRAMMES ARE BEING DEVELOPED FOR 1998/99 UNDER THE AUSPICES OF THE CANADA - SOUTH AFRICA JUSTICE LINKAGE PROJECT. PROGRAMMES WHICH ARE BEING DESIGNED AND DEVELOPED HERE IN SOUTH AFRICA WITH CANADIAN ASSISTANCE, INCLUDE:
CONSTITUTIONAL AND HUMAN RIGHTS LAW, FOR MAGISTRATES AND PROSECUTORS; SOCIAL CONTEXT AND DIVERSITY TRAINING, FOR MAGISTRATES AND PROSECUTORS; A PROGRAMME ON JUDICIAL ETHICS AND INDEPENDENCE, AND ANOTHER ON PREPARING JUDGMENTS, BOTH FOR MAGISTRATES. IN ADDITION THE PROJECT WILL FUND TWO PROGRAMMES FOR JUDGES; ONE, AN ORIENTATION PROGRAMME FOR NEW APPOINTEES, AND THE SECOND A CONTINUING JUDICIAL EDUCATION PROGRAMME, DEALING WITH CHANGES TO THE SUBSTANTIVE LAW.

THIS PROJECT IS ALSO SPONSORING THE PRODUCTION OF THREE REFERENCE MANUALS FOR CRIMINAL COURT MAGISTRATES, CIVIL COURT MAGISTRATES AND PROSECUTORS. IT IS ALSO FUNDING A NUMBER OF STUDIES LEADING TO IMPROVEMENTS IN THE TRAINING INFRASTRUCTURE IN SOUTH AFRICA. THESE INCLUDE AN AUDIT OF JUSTICE COLLEGE; A REPORT ON THE TRAINING OF JUDICIAL OFFICERS IN SOUTH AFRICA; AND A REPORT ON THE POSSIBLE USES OF HIGH TECHNOLOGY IN THE EDUCATION OF JUDGES, MAGISTRATES AND COURT OFFICIALS.

"FAST TRACK" - TRAINING OF PROSECUTORS
THE DEPARTMENT OF JUSTICE COMPILED A BUSINESS PLAN ON TRAINING IN ORDER TO IMPLEMENT THE NATIONAL CRIME PREVENTION STRATEGY. THIS PLAN PROVIDES FOR THE ADDITIONAL EMPLOYMENT ON CONTRACT OF 100 CANDIDATE PROSECUTORS WITH A VIEW TO PERMANENT APPOINTMENT AFTER ONE YEAR'S INTENSIVE ON THE JOB TRAINING.

THE PROJECT HAS BEEN RUNNING SINCE JUNE 1997. IT ENTAILS THAT 100 LEGALLY QUALIFIED CANDIDATE PROSECUTORS HAVE BEEN RECEIVING 12 MONTHS' INTENSIVE TRAINING AT 12 DECENTRALISED CENTRES (MAGISTRATES' COURTS) UNDER THE PERSONAL SUPERVISION OF 12 TUTORS WHO HAVE ACQUIRED EXTENSIVE PRACTICAL EXPERIENCE IN SOUTH AFRICAN CRIMINAL COURTS.

IN ADDITION TO THE OPPORTUNITY WHICH THIS PROJECT HAS CREATED FOR THE FAST-TRACKING OF 100 PROSECUTORS. IT HAS ALSO CREATED AN OPPORTUNITY FOR THE DEPARTMENT TO PROMOTE REPRESENTIVITY IN RESPECT OF PROSECUTORS.

THE TRAINING OF THESE CANDIDATE PROSECUTORS FOCUSES MAINLY ON:
CONSTITUTIONAL ANALYSIS AND HUMAN RIGHTS
SPECIALISED PRACTICAL MODULES IN CRIMINAL LAW, CRIMINAL PROCEDURE AND LAW OF EVIDENCE
COURT ETIQUETTE AND WORK ETHICS
ADMINISTRATIVE TASKS PECULIAR TO PROSECUTORS
LIAISON WITH OTHER ROLE PLAYERS WITHIN THE CRIMINAL JUSTICE SYSTEM

INDICATIONS ARE THAT THIS PROJECT IS A HUGE SUCCESS AND ONCE IT HAS BEEN CONCLUDED AND THE 100 CANDIDATE PROSECUTORS ARE PERMANENTLY APPOINTED, THEY ARE EXPECTED TO HELP IN RAISING THE QUALITY OF PROSECUTIONS IN SOUTH AFRICA.

CRIME, SAFETY AND SECURITY
NATIONAL CRIME PREVENTION STRATEGY
CO-OPERATION WITHIN NCPS STRUCTURES HAS BEEN BUILT UP OVER A PERIOD OF TIME.
THE DEPARTMENT IS REPRESENTED ON VARIOUS NCPS STRUCTURES TO

ENSURE INTERNAL AND EXTERNAL CO-ORDINATION AND INTEGRATION OF ACTIVITIES, FOR INSTANCE, THE NCPS MINISTERS AND DIRECTORS-GENERAL COMMITTEES, THE NCPS CO-ORDINATING MECHANISM, THE USER BOARD (MANAGING THE INTEGRATED JUSTICE SYSTEM PROJECT) AND THE NATIONAL OPERATIONAL CO-ORDINATING COMMITTEE.

THE DEPARTMENT IS REPRESENTED ON A NUMBER OF THE FOLLOWING NCPS PROGRAMME TEAMS/WORKING GROUPS:
(1) INTERDEPARTMENTAL COMMITTEE ON CORRUPTION
(2) PROGRAMME TEAM: AWAITING TRIAL PRISONERS
(3) NATIONAL PROGRAMME TEAM ON BAIL ADMINISTRATION
(4) NATIONAL PROGRAMME TEAM: VICTIM EMPOWERMENT
(5) DIVERSION: JOHANNESBURG PROJECT
(6) FIREARMS PROGRAMME TEAM
(7) COMMERCIAL CRIME PROGRAMME TEAM
(8) COMMUNITY SAFETY CENTRE PROGRAMME
(9) MEDIUM TERM EXPENDITURE FRAMEWORK (MTEF)
(10) NCPS INTERDEPARTMENTAL COMMITTEE: ESCAPING
(11) NEDLAC WORKING GROUP ON CRIME AND VIOLENCE
(12) IMPLEMENTATION OF BAIL PROPOSALS TEAM
(13) AUTOMATED BOOKING SYSTEM: FEASIBILITY COMMITTEE
(14) HEADS OF TRAINING WORKING GROUP
(15) NATIONAL PROGRAMME TEAM ON CORRUPTION
(16) TASK TEAM: BAIL ADMINISTRATION

ESTABLISHMENT OF A SINGLE NATIONAL PROSECUTING AUTHORITY
SECTION 179 OF THE CONSTITUTION, AMONGST OTHERS, PROVIDES FOR THE ESTABLISHMENT OF A SINGLE NATIONAL PROSECUTING AUTHORITY IN THE REPUBLIC AND FOR THE APPOINTMENT OF A NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS, DIRECTORS OF PUBLIC PROSECUTIONS AND PROSECUTORS, THE NATIONAL PROSECUTING AUTHORITY BILL, 1997, PROVIDES FOR THESE AND OTHER ANCILLARY MATTERS. IN SO DOING, THE BILL PROVIDES FOR THE ESTABLISHMENT OF A SINGLE UNIFORM PROSECUTING SERVICE FOR THE FIRST TIME IN THE HISTORY OF SOUTH AFRICA.

THE ENACTMENT OF THE BILL WILL HAVE FAR- REACHING CONSEQUENCES FOR THE ADMINISTRATION OF JUSTICE. THE BILL PROVIDES FOR THE DEVELOPMENT OF A COHERENT AND UNIFORM PROSECUTING POLICY TO BE APPLIED THROUGHOUT THE COUNTRY. THE BILL WILL ENABLE THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS TO TAKE SUCH STEPS AS ARE NECESSARY TO ENSURE THAT PROSECUTIONS ARE CARRIED OUT EFFECTIVELY AND EFFICIENTLY AND TO PRIORITISE MATTERS, SUCH AS DRUG-TRAFFICKING, CORRUPTION, MONEY LAUNDERING, CRIMES AGAINST WOMEN AND CHILDREN AND GANG RELATED CRIMES.

AN IMPORTANT ASPECT OF THE BILL IS TO ENSURE THAT THE NATIONAL PROSECUTING AUTHORITY EXERCISES ITS FUNCTIONS INDEPENDENTLY WITHOUT INTERFERENCE FROM THE EXECUTIVE AND OTHER SECTORS, BUT SUBJECT ONLY TO THE CONSTITUTION AND THE LAW. IN THIS REGARD THE BILL PROVIDES THAT A MEMBER OF THE NATIONAL PROSECUTION AUTHORITY WILL SERVE IMPARTIALLY AND EXERCISE, CARRY OUT OR PERFORM HIS OR HER POWERS, DUTIES AND FUNCTIONS IN GOOD FAITH AND WITHOUT FEAR, FAVOUR OR PREJUDICE AND SUBJECT ONLY TO THE CONSTITUTION AND THE LAW. IT PROHIBITS ANY PERSON TO INTERFERE WITH, HINDER OR OBSTRUCT THE NATIONAL PROSECUTING AUTHORITY OR ANY MEMBER THEREOF IN THE EXERCISE, CARRYING OUT OR PERFORMANCE OF ITS, HIS OR HER POWERS, DUTIES AND FUNCTIONS RELATING TO THE INSTITUTION AND CONDUCTING OF PROSECUTIONS. A CONTRAVENTION OF THIS PROVISION IS AN OFFENCE.

THE NATIONAL PROSECUTING AUTHORITY BILL IS AT PRESENT BEING CONSIDERED BY THE JUSTICE PORTFOLIO COMMITTEE, AND IT IS EXPECTED

THAT A NUMBER OF CHANGES WILL BE EFFECTED THROUGH AMENDMENTS SUCH AS: THE INCLUSION OF LABOUR RELATIONS PROVISIONS, THE DELINKING OF PROSECUTORS, FIXING OF SALARIES, PARLIAMENTARY AUTHORITY, APPOINTMENT MECHANISMS FOR THE NATIONAL DIRECTOR AND DIRECTORS AND THE LINE OF AUTHORITY WITHIN THE SYSTEM.

BAIL ADMINISTRATION: PRE-TRAIL SERVICES
ONE OF THE MAJOR REASONS THAT POOR BAIL DECISIONS ARE SOMETIMES MADE, IS THAT COURTS OFTEN DO NOT HAVE SUFFICIENT AND/OR RELIABLE INFORMATION ABOUT THE ACCUSED. FOR EXAMPLE, PREVIOUS CONVICTIONS SHOULD BE CONSIDERED WHEN THE BAIL DECISION IS MADE BUT IS ALMOST NEVER AVAILABLE AT AN ACCUSED'S PERSON'S FIRST APPEARANCE. THE RESULT IS THAT DANGEROUS CRIMINALS ARE SOMETIMES RELEASED WITHOUT THE COURT KNOWING THAT THE PERSON IS WANTED BY THE POLICE FOR OTHER CRIMES OR HAS JUMPED BAIL FROM A COURT IN ANOTHER PART OF THE COUNTRY.

AN EXCITING COLLABORATION BETWEEN THE DEPARTMENT OF JUSTICE'S PRE-TRIAL SERVICES (PTS) SYSTEM AND THE SOUTH AFRICAN POLICE SERVICES, AIM TO ADDRESS THIS PROBLEM. THE PROJECT WAS FIRST LAUNCHED AT MITCHELLS PLAIN MAGISTRATE'S COURT, WHICH ALSO BECAME THE FIRST COURT IN THE COUNTRY TO BE ELECTRONICALLY LINKED TO THE POLICE RECORDS.

THE NEW PROCEDURE WORKS AS FOLLOWS:
WHEN A PERSON IS ARRESTED IN MITCHELLS PLAIN, FINGERPRINTS ARE TAKEN AND GIVEN TO THE LOCAL CRIMINAL RECORDS CENTRE (LCRC). A FINGERPRINT EXPERT THEN HAS TO BE USED AS THE BASIS OF IDENTIFICATION BECAUSE MOST CONVICTED CRIMINALS DO NOT HAVE IDENTITY NUMBERS AND NAMES ARE TOO EASILY CHANGED.

THE LCRC IS ABLE TO DO THE CLASSIFICATION AND COMPUTER SEARCH WITHIN THREE HOURS. A REPORT IS SENT VIA A HIGH-SPEED DIGITAL LINK

TO A COMPUTER IN THE COURT'S PTS OFFICE. IF A PERSON IS ARRESTED AND FINGERPRINTED BEFORE 7.00 AM, THEN THE POLICE PROVIDE THAT CRIMINAL RECORD TO THE PTS OFFICE BEFORE 10.00 AM, IN TIME FOR THE FIRST COURT APPEARANCE.

ALTHOUGH THE LINK-UP WITH THE POLICE HAS ONLY BEEN IN OPERATION FOR A SHORT PERIOD OF TIME, A NUMBER OF PERSONS PASSING THROUGH THE SYSTEM HAVE ALREADY BEEN IDENTIFIED AS WANTED BY POLICE IN OTHER PARTS OF THE COUNTRY.

ALONG WITH OTHER VERIFIED INFORMATION PROVIDED TO THE COURT BY THE PTS DEMONSTRATION, THE PREVIOUS RECORD INFORMATION OF THE ACCUSED WILL PLACE THE COURTS IN A POSITION TO MAKE MORE APPROPRIATE BAIL DECISIONS. THIS WILL SIGNIFICANTLY IMPROVE THE QUALITY OF BAIL DECISIONS AND BAIL ADMINISTRATION.

WITNESS SUPPORT
VICTIMS OF CRIME ARE PROVIDED WITH THE FOLLOWING SUPPORT SERVICES BY THE PTS PROJECT:
FRIENDLY, COMFORTABLE WAITING ROOMS SECURE FROM INTIMIDATION BY THE ACCUSED AND THE PUBLIC.
DIRECT ACCESS TO A SOCIAL WORKER PROVIDED BY NICRO.
SUPPORT FROM COMMUNITY VOLUNTEERS WHO STAFF THE WAITING ROOMS.
ASSISTANCE IN ACCESSING WITNESS FEES AND REFERRAL TO COUNSELLING AND OTHER SERVICES.

THE VOLUNTEER PROGRAMME IN THE MITCHELLS PLAIN WITNESS WAITING ROOM IS AN ILLUSTRATION OF THE KIND OF ACTIVE COMMUNITY PARTICIPATION IN THE COURTS WHICH THE PRE-TRIAL SERVICES SYSTEM IS FOSTERING.

AWAITING TRIAL PRISONERS
SOUTH AFRICAN PRISONS ARE FILLED FAR BEYOND THEIR CAPACITY. A NATIONAL SYSTEM BUILT TO ACCOMMODATE 99407 PRISONERS IS CURRENTLY HOUSING MORE THAN 143000 INMATES. IN JANUARY 1998, THERE WERE 100491 SENTENCED PRISONERS IN SOUTH AFRICA, CONSTITUTING 70 PERCENT OF THE PRISON POPULATION; 43103 UNSENTENCED PRISONERS ACCOUNTED FOR THE OTHER 30 PERCENT.

MORE THAN 20000 PRISONERS HAVE BEEN GRANTED BAIL BUT REMAIN BEHIND BARS BECAUSE THEY CANNOT AFFORD TO PAY BAIL. THIS COMPRISES 47 PERCENT OF THE UNSENTENCED PRISON POPULATION IN SOUTH AFRICA.

PTS PROVIDES A VIABLE ALTERNATIVE TO MONEY-BASED BAIL FOR THE COURTS TO ENSURE THAT AN ACCUSED PERSON STANDS TRIAL. THE PTS OFFICE SUPERVISES CONDITIONS OF RELEASE THAT REQUIRE THE ACCUSED PERSON TO REPORT TO A POLICE STATION. THIS IS IMPROVING COMPLIANCE WITH CONDITIONS AND SECURING THE RETURN OF THE ACCUSED TO COURT EVEN THOUGH THEY ARE NOT REQUIRED TO PAY BAIL. INTERNATIONAL RESEARCH HAS SHOWN THAT EFFECTIVE POST-RELEASE SUPERVISION OF THIS NATURE IS MORE EFFECTIVE IN SECURING THE RETURN OF THE

ACCUSED TO COURT THAN SYSTEMS OF MONEY-BASED BAIL WITHOUT SUPERVISION.

THE EFFECT OF THESE CHANGES ON THE AWAITING TRIAL POPULATION IS ILLUSTRATED IN MITCHELLS PLAIN. IN JUNE 1997, 75% OF THE POLLSMOOR PRISON AWAITING TRIAL PRISON POPULATION FROM MITCHELLS PLAIN COURT HAD BEEN GRANTED BAIL BY THE COURT. THESE ACCUSED PERSONS WERE IN PRISON BECAUSE THEY COULD NOT AFFORD TO PAY. THIS WAS BEFORE THE LAUNCH OF THE PTS OFFICE IN AUGUST 1997.

AFTER THE START OF THE MITCHELLS PLAIN PTS OFFICE, THE PROPORTION OF AWAITING TRAIL PRISONERS GRANTED BAIL HAS DECLINED DRAMATICALLY. SINCE FEBRUARY THIS YEAR THIS FIGURE HAS DECREASED TO LESS THAN 40%.

RATE OF CONVICTIONS
IN RECENT TIMES THE SO-CALLED FALLING RATE OF CONVICTIONS HAS BEEN
WIDELY REPORTED IN THE MEDIA. ALTHOUGH STATISTICS FOR 1997/98 ARE NOT AVAILABLE AS YET, SCRUTINY OF THE CONVICTION RATE OF THE PAST FEW YEARS DOES NOT SUBSTANTIATE THIS PERCEPTION. THE CONVICTION RATE FOR THE WHOLE OF THE REPUBLIC HAS, IN FACT NOT CHANGED SIGNIFICANTLY AT ALL. DURING THE 1994/95 PERIOD, A TOTAL OF 260 887 CONVICTIONS WERE OBTAINED FROM 350 201 PROSECUTIONS. THIS IS A CONVICTION RATE OF 74,49%. THE RATE FOR 1995/96 IS 74, 83%: 218 394 CONVICTIONS FROM 291 842 PROSECUTIONS.

I HAVE NO REASON TO BELIEVE THAT THE 1997/98 STATISTICS WILL ILLUSTRATE A SIGNIFICANTLY LOWER CONVICTION RATE. FURTHERMORE, FROM THE INITIATIVES AND PROJECTS I HAVE MENTIONED, IT IS CLEARLY EVIDENT THAT THE DEPARTMENT IS MAKING EVERY EFFORT TO ENSURE THAT JUSTICE IS DONE IN ALL CASES COMING BEFORE THE COURT. THE EFFECTS
OF THESE INITIATIVES MAY NOT BE IMMEDIATELY EVIDENT. HOWEVER, I AM CONFIDENT THAT THEY WILL IMPACT POSITIVELY IN THE LONG RUN.

CONCLUSION
WHILE IT IS CLEAR THAT WE STILL FACE NUMEROUS CHALLENGES, I AM INDEED PROUD OF MY DEPARTMENT'S ACHIEVEMENTS DURING THE PAST YEAR. THEY ARE INDICATIVE OF OUR RESOLVE TO TRANSFORM THE JUSTICE SYSTEM INTO ONE THAT IS ACCESSIBLE, CUSTOMER-ORIENTED AND

REPRESENTATIVE OF THE WHOLE OF SOUTH AFRICAN SOCIETY. WE ARE COMMITTED TO MAKE "JUSTICE FOR ALL" A REALITY.

IT REMAINS FOR ME TO THANK EACH AND EVERY ROLEPLAYER IN ALL OUR COURTS AND OFFICES FOR THE CONTRIBUTION WHICH THEY HAVE MADE TO A YEAR OF HARD WORK AND SUCCESS.