DRAFT RESOLUTION OF THE PORTFOLIO COMMITTEE ON JUSTICE IN RESPECT OF THE CRIMINAL PROCEDURE AMENDMENT BILL, 1998 [B59-98]

Report of the Portfolio Committee on Justice on the Criminal Procedure Amendment Bill, [B59-98] (National Assembly - sec 75), dated ….. , as follows:

The Portfolio Committee on Justice, having considered the subject of the Criminal Procedure Amendment Bill, [B59-98] (National Assembly - sec 75), referred to it, begs to report the Bill with amendments [B59A-98]

The Committee further wishes to report as follows:
1. The Committee noted that the Bill aims to deal with the detention of awaiting-trial children in the Criminal Procedure Act, 1977 (Act No.51 of 1977), rather than in the Correctional Services Act, 1959 (Act No.8 of 1959), as is the case at present and, at the same time, it aims to address certain problems which have come to light in the application of the present provisions dealing with the detention of awaiting-trial children. Whilst realising that the present Bill constitutes an interim measure, pending the establishment of a separate juvenile justice system when the South African Law Commission's legislative recommendations in this regard contained in its report on Juvenile Justice are implemented, the Committee is of the view that this Bill is needed as a matter of urgency; hence the approval of this Bill.

2. During its deliberations on the Bill, a number of concerns were raised by the Committee or in submissions to the Committee, which cannot adequately be addressed by the Bill and which are set out below:

2.1 In terms of the present provisions dealing with the detention of awaiting-trail children (section 29(3) of the Correctional Services Act, 1959), the police official responsible for the detention of any child prior to his or her first appearance in court for no longer than 48 hours, must provide the court with a written report, setting out the reasons for the detention of the child in a police cell or lock-up. It has come to light that this requirement is not always complied with by officials responsible for the detention of children and that it is also very difficult to monitor the situation so as to ensure compliance. The Committee consequently directs the Minister of Justice to take the matter up with his colleague, the Minister for Safety and Security, who must be requested to take remedial steps to ensure that situation does not persist and to report back to the Committee within 6 months on the steps that have been taken to address the problem. Police officials must be reminded of these provisions and of their legal duty as police officials to carry out the letter of the law, the failure of which could result in disciplinary action.

2.2 Proposed section 71A(5)(c) of the Criminal Procedure Act, 1977, like the existing section 29(5)(a) of the Correctional Services Act, 1959, requires awaiting-trial children to be brought to court every 14 days to have their detention orders reviewed. Whilst there was a strong call in some submissions to the Committee for this period to be reduced to 7 days in the best interests of children, and whilst the Committee is of the opinion that this constitutes the ideal position, it realises that it would not be practicable to do so in the light of the extreme pressure on existing State resources. The Committee consequently requests the Minister of Justice to consult with his colleagues, the Ministers for Welfare and Population Development, Correctional Services and Safety and Security, on how to effectively monitor the proper application of all aspects of these provisions and to submit a report to this Committee within 3 months, containing a comprehensive intersectoral monitoring programme.

2.3 Proposed section 71 A(8) of the Criminal Procedure Act, 1977, like the prevailing section 29(5A)(d) of the Correctional Services Act, 1959, provides that the highest priority shall be given to the most expeditious processing of the trial of a child. Whilst the Committee strongly endorses the sentiments contained in these particular provisions, it expresses the concern that the trials of children are often unduly delayed. The Committee consequently calls on the Minister of Justice, in conjunction with his colleagues, the Ministers for Welfare and Population Development, Correctional Services and Safety and Security, to submit joint guidelines which are intended to address present blockages in the expeditious finalisation of trials of children within 3 months in an attempt to ensure that these sentiments are concretised as far as possible.