Reply from the Minister for Justice and Constitutional Development in regard to the report of the Ad Hoc Committee on Special Report of the Public Protector, as adopted by the House on 24 June 2004, concerning a complaint by the Deputy President:

REPORT OF THE MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT ON THE MATTERS RAISED BY THE AD HOC COMMITTEE ON THE SPECIAL REPORT OF THE PUBLIC PROTECTOR CONTAINED IN ITS REPORT OF 23 JUNE 2004

The National Assembly, towards the end of June 2004, accepted the report of its Ad Hoc Committee on the Special Report on the Public Protector dealing with the investigation of a complaint by the Deputy President against the National Director of Public Prosecutions and the Prosecuting Authority. In terms of the recommendations contained in the report, I had to report to Parliament on some of the issues within a period of 60 days. I, on 8 September 2004, in an interim report to the Speaker, a copy of which is enclosed herewith, however indicated that it was impossible for me to report back within the particular timeframe.

On the relevant issues raised by the Ad Hoc Committee in its report to the National Assembly, I wish to report as follows:

(a) Establishment of a Ministerial Co-ordinating Committee in terms of section 31 of the National Prosecuting Authority Act, 1998

As indicated in my interim report, the Committee envisaged by section 31 of the Act has been established. It has already met on 4 occasions. The Committee is scheduled to meet on a regular basis in future.

(b) Meeting between the National Director of Public Prosecutions and the Public Protector to resolve differences

The National Director of Public Prosecutions at the time, Mr Bulelani Ngcuka, has, as Parliament is aware, vacated office with effect from 1 September 2004. I have nevertheless, prior to his departure, met with him and the Public Protector individually and, in the process, raised the relevant issues with them.

I have since met with the Acting National Director of Public Prosecutions, Dr Silas Ramaite SC, and the Public Protector, Mr Mushwana, and discussed with them the development of effective measures to enhance co-operation between the Prosecuting Authority and the office of the Public Protector. It was a fruitful discussion and I believe that they will find a way to, in future, avoid differences of the nature in question.

(c) The Minister for Justice and Constitutional Development to take immediate steps to establish an effective system of information security within the Prosecuting Authority

This matter is attended to on an ongoing basis.

I trust that this would dispose of the matter.


MS B S MABANDLA, MP
MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT

Referred to the Portfolio Committee on Justice and Constitutional Development.