Report of the Select Committee on Security and Constitutional Affairs Study Tour to the Limpopo Province, 11-15 October 2004

Report of the Select Committee on Security and Constitutional Affairs Study Tour to the Limpopo Province, 11-15 October 2004.

The Select Committee on Security and Constitutional Affairs, having undertaken a study tour to Limpopo on 11 to 15 October 2004, reports as follows:

1. Background

The problem of overcrowding has been identified as a key challenge for the various Departments that are responsible for ensuring the effective administration of the South African criminal justice system. Overcrowding not only negatively affects the Department of Correctional Service’s (DCS) ability (DCS) to rehabilitate offenders, but also creates problems for the South African Police Services (SAPS), whose cells routinely exceed their holding capacity. Overcrowding also negatively impacts on the Department of Justice, whose task it is to ensure that cases are heard expeditiously, taking care that the quality of justice administered is never compromised.

1.1. The Nature of the Problem

As of June 2004, there were 187 065 offenders in South African prisons. The 233 active prisons only have the capacity to accommodate 113 551 offenders. Of the total prisoner population, 132 315 were sentenced offenders and the remainder (54 750) were unsentenced offenders awaiting trial in the various prisons around the country. Within the sentenced prisoner population there were 1 926 young offenders under the age of 18 years. Within the unsentenced prisoner population there were 2 232 unsentenced offenders under the age of 18 years.

1.2. Causes

The problem of overcrowding in prisons is the result of complex factors, which include:

Detection and conviction: One reason given for the increase in sentenced prisoners is increased crime combating initiatives employed by the South African Police Service (SAPS). Since 1994, the Department of Safety and Security has put in place numerous measures to improve crime investigations, including the establishment of a detective training academy focussed on improving investigative skills; the consolidation of specialised crime units in order to ensure a coordinated approach to the investigation of crimes and the increased use of technology to assist in investigations. The SAPS benchmarked detection rates (their ability to solve cases) for the first time in 2003/04. The target for 2004/05 is 31%.

Awaiting trial detainees and bail: Many awaiting trial detainees cannot afford to pay the bail amounts set by the court. Sometimes these amounts are quite small (e.g. R500 or less).

Minimum sentences: The Criminal Law Amendment Act No. 105 of 1997 prescribes minimum sentences for certain serious offences. This Act was originally intended as an interim measure to be reconsidered after the expiry of two years. It was extended after this two year period and, thus, remains in effect. The Act obliges a magistrate and judge to impose prescribed minimum sentences, unless substantial and compelling circumstances justify a lesser sentence. Data furnished to the National Council on Correctional Services reveals that the population of prisoners serving 10-15 years has increased by 204% since 1995 and the population of prisoners serving 20 years to life has increased by 325.90%.

Changes to the parole and credit system: Chapter VII of the new Act (Correctional Services Act, No. 111 of 1998) deals with release from prison and placement on parole. These sections came into operation on 1 October 2004. The new Act increases the minimum period of imprisonment to be served before parole to half of the sentence. In addition, a life prisoner must serve 25 years or 2\3 of the sentence, whichever is the shorter period. Thus, no prisoner serving a sentence of life imprisonment will be eligible for parole until a substantial portion of the sentence is completed. Prisoners sentenced in terms of the minimum sentencing legislation will only be eligible for parole after completing 4/5 or 25 years of their sentence. The effects of this Act will be to increase the length of time that sentenced prisoners will spend in prisons.

Recidivism (repeat offending) and its causes: There are no official statistics regarding the recidivism rate in South Africa. However this figure is estimated to be between 55% and 95%. High recidivism rates contribute to high crime statistics as well as overcrowding within prisons.

1.3. Consequences

Overcrowding has important consequences both for the larger community, the prisoners and correctional staff. These include:

Human rights issues: Section 35(2)(e) of the Bill of Rights encapsulated in the Constitution of the Republic of South Africa, Act No108 of 1996, states that prisoners have the right ‘to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment’. Overcrowding within prisons and police cells means that it is impossible to guarantee these rights.

Health issues: Overcrowding and unsanitary conditions leads to the spread of diseases, including serious transferable diseases such as tuberculosis and HIV/AIDS.

Effects on education, training, rehabilitation: The high number of offenders within the prison system and overcrowded conditions mitigates against the ability of the DCS to provide adequate educational programmes, training programmes and personal well-being programmes to prisoners. This problem is particularly acute within the awaiting trial detainee population, who generally are not offered any education or training programmes as they are seen as a transient group who will not spend enough time in prisons to benefit from these services.

Consequences for security, discipline and staff morale: Overcrowding within prisons and in police cells results in the inability of the relevant authorities to provide effective security to prisoners. Overcrowding exacerbates the spread of gangsterism within prisons. Escapes are also less easy to prevent in overcrowded conditions. The effect of overcrowding on staff morale is important, contributing to low staff morale and stress.

2. Objectives

In order to properly assess the issue of overcrowding in prisons and in police holding cells, the Committee conducted a study tour of police stations (including holding cells), magistrate’s courts and prisons in the Limpopo Province. The tour was intended not only to be investigative in nature but also to assist role players, whether at local, regional or national level, in identifying solutions to the problems that beset their Departments.

The Committee identified a number of issues for investigation, including:

Ascertaining the conditions of the prisons and police cells.
Ascertaining the conditions under which juveniles are detained.
Ascertaining court functioning, including the identification of problem areas pertaining to personnel, administration, case backlogs and case flow management.
Ascertaining the functioning of police stations, including the identification of problem areas such as personnel, administration, case backlogs and case flow management.
The interaction between SAPS, the Department of Justice and Department of Correctional Services at local and regional levels.

3. Key Findings

Key findings of the Select Committee’s visits to the various police stations, magistrate ’s courts and prisons included:

Calcutta Police Station:

The Station is situated in a predominantly rural area, serving 36 villages of which four are particular problematic. It is in the upper levels of crime in Limpopo. The Station Commissioner briefed the Select Committee on conditions at the police station:

A lack of infrastructure (roads and lighting) creates difficulties when police attempt to access the area.
The present magisterial district boundaries create difficulties for the police, as they must attend three different courts, which ties up valuable resources in terms of personnel and vehicles.
There is a committee in place for the Victim Empowerment Project (VEP) but insufficient budget to implement the project.
Calcutta has six holding cells, which require upgrading. Overcrowding of the cells is a problem contributing to incidents of assault among prisoners.
There is a shortage of secure care facilities for juveniles (there is only one facility in Polokwane).
There is no budget for Community Police Forums (CPFs).
Although there are formal structures in place to promote a good working relationship between SAPS and Justice, there was confusion as to the actual number of meetings that took place at a local level (some said that the meetings took place quarterly, while others said they took place monthly).

Calcutta Magistrate Court

The Chief Prosecutor for Limpopo Province briefed the Select Committee on conditions at the police station:

There are personnel shortages, particularly with respect to experienced prosecutors. Prosecutors are recruited into the magistracy or into the private sector, as the salary offered to prosecutors is not sufficiently competitive. Personnel shortages and inexperience affect the standard of service, contributing to the number of cases withdrawn or lost.
The Court building is poor condition. A request has been made that the building is rebuilt but there is no budget to do so.

Bushbucksridge Police Station

The Station serves 25 villages. The Station Commissioner briefed the Select Committee on conditions at the police station:

The building is in a poor condition. The holding cells were closed in 2001 because of subsidence due to a donga. All prisoners are detained at Acornhoek. New premises have been identified but the process has not been finalised.
The Station Commissioner reported a shortage of personnel, especially with regard to crime prevention. Ten members of the South African National Defence Force (SANDF) are stationed at Bushbucksridge to provide support. Reservists are also utilised freeing SAPS members for crime prevention duties.
The use of closed top vehicles creates problems as they are easily identifiable, providing criminal with opportunity to evade arrest by fleeing.
There have been reports of incidents of assault having occurred among prisoners at Acornhoek. The reason given for the assaults was that prisoners from Acornhoek resented the presence of prisoners from Bushbucksridge. The Station requested that the issue of their accommodation be fast tracked.
The CPF is very dependent on the police to provide support in the way of administration.
The Victim Empowerment Project lacks accommodation. There is furniture but no room.

Bushbucksridge Magistrates Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate station:

The building requires repairs. It was reported to the Committee that not all toilets in the cells were working. This was reported but nothing has been done.
There is a shortage of court accommodation. The court covers a large area with only two court rooms.
Delays are caused by having to bring awaiting trial detainees from Acornhoek. This affects the daily functioning of the courts.
Implementing diversion programs is difficult, as there are no/insufficient probation officers. The Magistrate stated that it is difficult to know what punishment to impose, as there are no facilities to implement the sentence.
Regarding recidivism. The Magistrate commented that community, as well as the offender often regard correctional supervision as a discharge. The community can become irate when they feel that justice has not been done.
The Magistrate identified factors contributing to a case being discharged, withdrawn or the accused being acquitted, including prosecutorial inexperience; the charge being withdrawn at the complainant’s request (particularly in domestic violence cases); the investigation is not completed. The issue of cases being withdrawn exposed an area of tension between the investigating officers and the prosecutors.
The Magistrate stated that the issue of inexperienced prosecutors has a very serious impact on the cases that prosecutors try.

Mhala Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

There is shortage of police personnel. The station polices 42 villages with a population of approximately 167 000.
Overcrowding in police holding cells. Four cells are insufficient to accommodate all prisoners. There is one cell for juveniles, one cell for sentenced prisoners, and two for awaiting trial detainees. There did not appear to be a cell for female prisoners.
The relationship with the prosecutors was good, but there are problems with cases taking too long to finalise. The problem of witnesses being given the wrong dates to appear in court also leads to cases being withdrawn as it appears to the Court that witnesses are not willing to give evidence.
There is insufficient office accommodation (For example, 10 detectives must work in one hall).
There are problems when responding to calls from the public. If the electricity is off, the telephone will just ring.

Mhala Magistrate Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate’s court:

There is no place for women to sit with their children while they are waiting for their matter to be heard.
There is a shortage of court accommodation.
The Court is understaffed. They need at least two more prosecutors and two more interpreters.
The prosecutors reported that there is a problem with the availability of water on a day to day basis
The Court does not run as well as it should as there is a shortage of court orderlies.
While regular meetings are held with the police, prosecutors experience problems surrounding dockets not being ready. This leads to cases being withdrawn.
Prosecutors also experience problems with regard to postponing cases while waiting for the probation officers’ reports.
There is need for a Municipal Traffic Court and a Small Claims Court.

Acornhoek Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

Acornhoek forms part of the Greater Bushbucksridge area situated in Limpopo Province. It is a mainly rural area, consisting of forty-three (43) villages, together with a few business centres, of which Acornhoek CBD is the most important. Infrastructure is substandard with mostly dirt roads. The community to police ratio is 1:1666.
The police station falls within the Mapulalaneng Magisterial District and on a daily basis attends the Acornhoek Periodical Court, the Mhala Regional Court, Graskop Regional Court, the Bushbucksridge Court on Fridays and the Nelspruit Regional Court.
There is a shortage of personnel and resources at the station and its satellite station at Tsakane.
Vehicles have high mileages.
Co-operation between the Departments (Justice) is a problem. There are irregular meetings between the Departments.
Withdrawal of cases: Investigating officers are unable to finalise investigations timeously because of caseloads. Cases also get withdrawn because inexperienced prosecutors are intimidated by attorneys.
As a result of shortages of personnel, reservists were recruited to support operational duties and to be sector managers. The appointment of these reservists is taking too long.
Grievances of members have yet to be resolved at the level of the Area Commissioner. This is contributing to low morale and some staff taking advantage of the situation.
The Secure Care Facility at Polokwane is full to capacity and refuses to take more juveniles.

Maake Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

Maake forms part of the Greater Tzaneen area (Naphuno1) and Bohlabelo area (Naphuno 2) situated in the Mopani Area. It is a mostly rural area, consisting of 58 villages together with a few business centres of which Maake is the most important. Infrastructure is sub-standard with mostly dirt roads. The police station itself is found in the Lenyenye township, with satellites in Julesburg and Metz. The police community ratio is 1:4747.
Shortages of personnel and resources.
Vehicles have been boarded and have not been replaced.
One of the boarded vehicles is the truck that transports prisoners. This is problematic when transporting prisoners to Polokwane as the vans must take two trips, which has budgeting implications.
Although there is a functioning Victim Empowerment Project committee, there is no money for a room.
Bestiality. There was one reported case of bestiality. The explanation that was given was that bestiality was resorted to by young boys who were practicing and to avoid getting HIV/AIDS. The view was expressed that the problem needs to be addressed through education.
Witchcraft. Cases of witchcraft are reported. Again, the view is that this issue needs to be addressed through education.
A good relationship was reported with the Department of Justice but many cases are withdrawn as many complainants in domestic violence cases request that the charge is withdrawn.
The holding cells are in poor condition.
The demarcation of the magisterial districts is a problem.
There are occasional problems in communicating with the area office – faxes to the area office sometimes go astray.
There are problems with the 10 111 number. The line is being abused by pranksters, who insult the police officers. In addition, the police station does not have its own switchboard and the switchboard sometimes doesn’t work because of power failures. When there are power failures it can be very difficult to communicate with the station and cell phones are utilised (there are only two official cell phones).

Naphuno Magistrate Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate’s court:

The Court building has never been renovated.
There are concerns about the lack of court accommodation.
The prosecutors reported that their offices are very small and hot – there is no air conditioning.
The prosecutors have access to only one outgoing telephone line, which hampers their performance.
Court security is also a problem.
The Chief Magistrate mentioned that he was concerned that there was no mention of Naphuno 2 in the final report regarding demarcation.

Tzaneen Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

There is a shortage of personnel and resources. The station has 165 members but is meant to have 255.
Their vehicles are in poor condition but must travel long distances.
There is only one women detective, which places a great deal of pressure on her to deal with sensitive cases.
Jurisdictional boundaries are also problematic, which results in resources being utilised to transport prisoners.
Overcrowding in the holding cells is a problem
The station was built in 1905 and is in a very poor state with insufficient office accommodation.

Tzaneen Magistrate Court

The Chief Magistrate briefed the Select Committee on conditions at the magistrate’s court:

There is a shortage of personnel and resources. There are insufficient telephone lines for the prosecutors.
Office accommodation is scarce – prosecutors must share offices, which can make interviewing very difficult.
There is need of a consultation room where victims can be interviewed in private. At present, the prosecutors must conduct witness interviews in the court room. This can be very traumatic and intimidating for victims, especially if the accused is present in the court room.
The offices are inaccessible – there are no facilities for disabled persons.
The lack of security at the Court is problematic.
There is only one holding cell for prisoners at the court, which is problematic, as juveniles and adults must be kept separately as must awaiting trial detainees and sentenced prisoners.
The demarcation of the magisterial districts is a problem.

Bolobedu Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

Infrastructure is sub-standard. Roads are poor and they have to negotiate mostly mountainous terrain.
There is a shortage of personnel.
Only thirteen (13) of their (19) vehicles are serviceable.
The station has four brand new holding cells.
There is a problem with transferring prisoners to Polokwane prison. Polokwane only take prisoners on Monday, Wednesday and Friday. They will not take sick prisoners or prisoners who are juveniles.

Kgapane/ Bolobedu Magistrate Court

The Magistrate briefed the Select Committee on conditions at the court:

The prosecutor complained that prosecutors do not have access to computers.
There is need of a regional court (there are a lot of sexual offence and domestic violence cases) as referring cases delays matters and there is accommodation for a regional court as the court was recently upgraded.
The building that houses the prosecutors is in bad repair with no toilets, no air conditioning and no kitchen.
Opportunities for prosecutors to go on training courses appear to be limited because of budget restrictions.

Lebowakgomo Police Station

The Station is situated in a predominantly rural area, and serves 70 villages. The Station Commissioner briefed the Select Committee as follows:

There is a shortage of personnel, particularly with respect to community service and crime prevention.
The Community Service Centre has only two vehicles, one is boarded. There is a need for two more vehicles.
A member of the CPF (co-ordinator) voiced his frustration at the lack of co-operation displayed by police officials to the CPFs. He stated that unfortunately not all police officers accept the CPFs and that they are looked down upon. He expressed the belief that it was only the station commissioner that supported the CPFs.
Another problem with the CPFs is that members of the community do not want to work on a voluntary basis when they hear that there is a budget for community policing.
The abuse of alcohol is a factor in the level of crime in the area. Liquor legislation (by-laws) need to be implemented.
Taxi violence is a problem. The Department of Transport does not want to get involved proactively with a result that taxi disputes become violent.

Lebowakgomo Magistrate Court

The Chief Magistrate briefed the Select Committee on conditions at the court:

There is insufficient court accommodation. Court rooms are needed for the children’ s court, maintenance court and a second sexual offences court.
There is a problem with witnesses not being subpoenaed in time and not receiving their witness fees in time.
The witness fees that are paid are inadequate (50c per kilometre).
Court rolls are often not well managed.
There are transport problems for magistrates and prosecutors.
There are delays in filling of prosecutorial posts.
Investigations are not always completed timeously, which contributes to the backlog of cases.
In the administration there is also insufficient personnel, and in most cases having to employ casual or contract labour. The casual or contract posts cannot be made permanent because they are employed to fill positions that are created in terms of Family Court pilot projects and as such there are no permanent posts available.
The Department of Public Works appears uncooperative. The buildings are dirty. Cleaning of the building appears to be problematic.
There is need of two more interpreters.
Security at Court is inadequate.
There is a shortage of legal aid attorneys. Cases are often postponed because they are unable to appear.
There is a backlog of cases. An aggravating factor is the shortage of court rooms. Unfortunately, the National Department of Justice and the Department of Public Works decide on priorities and not those who work within Limpopo.
The introduction of a second sexual offences court is planned but there is a shortage of accommodation.
There is a problem where witnesses come from far away. The police will often transport them in the same vehicle as the accused. This is intimidating and traumatising. SAPS responded that it is not their responsibility to transport witnesses to court. Investigating officers will often try to bring the accused the day before and the witness on the day of trial. However, this has budgetary implications and places a strain on their resources.

Zebediela Police Station and Magistrate’s Court

The Station Commissioner and Magistrate briefed the Select Committee respectively:

Infrastructure is sub-standard. There are no tar roads and no direct access to the more remote areas.
The 10 111 number is infrequently used. As people in the area do not have access to Telkom phones, they rely on mobiles. MTN and Vodacom emergency numbers are generally used.
Office accommodation is a problem.
There are no female members, only four female reservists. These reservists are utilised to cook and clean, as well as do some administrative work.
The police station is situated in a remote spot far from the community that it serves and is not easily accessible in terms of transport. Even its staff members experience problems getting to and from work.
Probation officers do not visit the cells regularly, only when requested to do so in connection with juveniles.
The Magistrate’s Court is a very busy court, dealing only with criminal cases.
Cases are being lost due to inexperienced prosecutors.
Prosecutors also find that statements are poorly taken. There is need of training in this regard.
There is a need for more interpreters.

Mankweng Police Station

The Station Commissioner briefed the Select Committee on conditions at the police station:

The Mankweng police station serves an area of 330km2. In this area one finds the University of the North, a nursing training college, five (5) formal RDP housing projects as well as various informal settlements and the St Engenas and Zion Christian Church. There are nine (9) magoshi areas with nine traditional leaders. A satellite police station has been established at Solomondale township.
This appeared to be a very well run station, with many projects involving external partners from the community as well as other Departments in place. The Station Commissioner reported that they had successfully approached the Department of Health for a ward at the Mankweng hospital to cater specifically for sexual assault cases.
Crime prevention is under resourced and has to make use of the Area Crime Combating Unit. Reservists are also meant to assist with increasing visibility.
Religious gatherings at Easter brings almost 6 million people into the area. Require co-operation from other Departments (Public Works and Transport) to cater for all these people.
The Station has 26 female members. The Equity plan is with Area but the problem is that women and other members are sent to Mankweng from other areas. When they are trained, they apply to be transferred to their home. There is a need to recruit and station people from the Province and not people who will leave the area as soon as they are trained.
There is a problem with regard to HIV/AIDS. Although there is a peer educator, people are reluctant to admit to having HIV/AIDS.
Again the issue of liquor licence controls was raised. The Station Commissioner expressed the view that before a liquor licence is granted, the relevant police station should be consulted.

Mankweng Magistrate’s Court

The Chief Magistrate briefed the Select Committee on conditions at the court:

The Court is short staffed, especially with regard to interpreters and prosecutors. The Magistrate expressed the need for a permanent Zulu speaking interpreter, who is also able to speak Shangaan.
There are delays in finalising matters in the sexual offences court. These cases must be heard in the High Court for sentencing and as such a court date must be obtained. Limpopo does not have its own High Court and such matters are heard by the TPD. This is a circuit court that visits approximately once every three months. Limpopo needs its own High Court.
There is a problem with regard to discipline. Where dealing with public servants, only the Director General can dismiss such employees. This can take some time.

3.19. Polokwane Police Station and Magistrate’s Court

Polokwane police station is a priority police station that serves the city of Polokwane. The policing area of the Polokwane Police Station is 3 037km2. The personnel strength of the station is 377 – 297 males and 80 females. The Station Commissioner briefed the Select Committee conditions at the Polokwane Police station and the Chief Magistrate did likewise for the Polokwane Magistrate’s Court:

There is a shortage of vehicles - fifteen vehicles require frequent repairs as they have covered large distances.
The Station also has four (4) motorcycles, which are used by the Detectives and by Crime Prevention.
The eight (8) holding cells have a recommended capacity of 96 prisoners but on average 200-250 prisoners are detained on a daily basis. An application for additional cells has been submitted to the Department of Public Works, and the matter has been placed on a priority list.
There are eleven (11) cells at the Court.
There is a problem with regard to security at the court. The metal detectors do not work and doors are broken. Magistrates houses are broken into and they are held hostage in their own homes.
The Magistracy requested DCS to provide them with information regarding ATDs whose bail is fixed at R1000 or less, as well as details of the crimes that they were alleged to have committed. The intention is for the magistracy to revisit these cases in order to release ATDs on bail or warning where appropriate.
There is a problem where a child is released into the custody of his or her parents. Frequently the parents do not want to be responsible for bringing the child back to court.

3.20. Polokwane Prison

The Regional and Area Commissioners briefed the Select Committee on the state of prisons in Limpopo:

The issue of gangsterism has changed somewhat. Now days it is Johannesburg and Pretoria gangs versus the Limpopo rural boys.
There is a problem surrounding overtime. Treasury has instructed that there is no money for overtime. The introduction of a seven day establishment is the ideal.
Juveniles do receive training, as do other inmates.
The budget for the DCS includes awaiting trial detainees (ATDs).

4. Meeting with Regional and Provincial representatives of the JPCS Cluster at Polokwane, 15 October 2004

On Friday 15 October 2004, Members of the Select Committee met with regional and provincial representatives from the Department of Correctional Services, the Provincial Department of Safety and Security, the South African Police Services, the Department of Justice and Constitutional Affairs and the National Prosecuting Authority.

Discussion ensued regarding proposed solutions to the Select Committee’s findings. The Regional Commissioner for the Department of Correctional Services noted the Select Committee’s concerns and emphasised DCS’ own concerns regarding the following:

DCS has a large capital budget but is unable to tackle these projects owing to problems with the Department of Public Works. With regard to minor repairs, the monetary limit on minor repairs of R5000 is too low and should be increased to R50 000.
There is urgent need of better information management so that the monitoring and evaluating of services becomes effective.

The Provincial Commissioner for the South African Police Services noted the Select Committee’s concerns and emphasised its own concerns regarding the following:

The SAPS does not manage its own budget with respect to building maintenance. However, a station commissioner can approve minor maintenance to the value of R 5 000.
Police holding cells are overcrowded which can lead to escapes.
Shortages in human resources.
Achieving transformation within the SAPS is proving to be a slow process. The lack of female employees is of great concern. However, in 2003, forty (40) of the forty one (41) new members were female. The Commissioner noted that female recruits have difficulty in passing the existing psychometric tests.
The lack of training facilities. Although it can recruit, training is a national competency.
The poor quality of detective services – A third Commissioner has been appointed to deal with the problem and training has been implemented that specifically addresses statement taking.
The reported shortage of vehicles – The Provincial Commissioner reported that there is sufficient budget for vehicles but that the problem lies in the number of damaged vehicles.

The Chief Regional Court Magistrate noted the Select Committee’s concerns and stated its concern regarding overcrowding and its commitment toward reducing the problem by:

Reviewing the cases to see whether bail can be reduced, whether the accused can be released on warning, whether admission of guilt fines can be imposed, etc.
Encouraging officials of the Department of Social Development to embark on diversion programs.
Ensuring that Judicial Officers are trained regarding their duty to inform the accused of their right to legal representation.
Implementing Periodical courts in the six multipurpose centres. Court Management has already been instructed to investigate the feasibility of this.

The Chief Magistrate noted his concern regarding the shocking conditions of the court cells, which also make for easy escape.

The Chief Prosecutor and Regional representative for the Department of Justice and Constitutional Affairs noted the Select Committee’s various concerns regarding the functioning of the courts, particularly with regard to the backlog of cases, and commented as follows:

A system has been devised whereby witnesses are given a card that states their next court date. This is to avoid unnecessary postponements as a result of witnesses not attending at court because they did not know what the correct date was.
Every Prosecutor must wear a nametag in order to make him or her readily identifiable.
Retention of prosecutors. Despite plans to adopt measures that will address prosecutors’ salaries, no retention strategies are in place and prosecutors are routinely lost to the Magistracy or to the private sector.
Courts will be encouraged to motivate for increased accommodation and these motivations will be submitted at the National level.
The relationship with the traditional courts requires further exploration.
The Superior Courts Bill proposes the establishment of a High Court for Limpopo. The bill is presently before the Portfolio Committee on Justice and Constitutional Affairs.
A security audit of courts has been undertaken and a bid has been placed with Treasury.

5. General Observations:

Sub-standard Infrastructure: The areas being policed are vast and the lack of infrastructure (in the form of roads and lighting) hampers access to remote areas that require vehicles equipped to handle the terrain. Where police members are required to access an area on foot, security requires that there are sufficient staff members.

Personnel shortages: All police stations reported that they lacked sufficient personnel.

There appears to be a shortage of female police personnel, especially female detectives, which, in turn, places a large burden on the few female detectives.

Police stations reported a shortage of vehicles. Even where there were vehicles, these vehicles were boarded or were unsuitable for crime prevention activities.

With the exception of the holding cells at Zebediela (which had been renovated in terms of Project Five Star), all the police holding cells were in a poor state.

Police holding cells were generally overcrowded. Even where the Select Committee did not observe overcrowding, the police officers informed that the cells frequently hold far more prisoners than they are supposed to. For example, at Mankweng, there are four cells. The two that hold adult males must sometimes each accommodate between 60 and 70 prisoners, while they are meant to hold approximately 10 in each.

While most police stations reported that their Community Police Forums were functioning well, there appears to be a lack of funding for CPFs, which, in turn, has a negative impact on what these forums can achieve. The CPFs must of necessity rely heavily on the police for assistance in providing resources.

The reasons given for cases being withdrawn include poor statement taking on part of SAPS; failure to complete investigation timeously; complainants in domestic violence cases requesting that their cases be withdrawn; failure of witnesses to arrive at court; a lack of experienced prosecutors.

Victim Empowerment Projects: Lack of resources and infrastructure. The Mankweng police station had enlisted the help of external stakeholders in providing resources of victims.

Many stations reported problems with the 10 111 number, as well as difficulties in responding to telephone calls timeously. When asked, all stations stated that they had policies in place regarding response rates but that problems with telephone lines as well as logistical problems, including having to travel long distances to remote areas to respond were cited as reasons for slow response rates.

The Zebediela police station is far from the community it serves and is inconveniently situated for even its own staff to arrive at.

All courts reported that they lacked personnel, whether magistrates, prosecutors, interpreters or administrative staff.

Courts also reported a shortage of vehicles so that personnel could travel to periodical courts. They must rely on the Department of Justice to allocate vehicles. Often magistrates and prosecutors must either share a vehicle – which is a highly undesirable situation – or they must use their own vehicles.

A lack of basic resources, such as telephone lines, computer equipment was reported at police stations and courts alike. Maake police station reported that it did not have its own switchboard, which made telephonic access to the station unreliable.

Most police stations and magistrate’s court buildings were in a state of disrepair. For example, the police station and court at Calcutta, the police station at Bushbucksridge, the police station at Tzaneen, the police station and court at Zebediela were all dilapidated and in need of urgen renovations. The holding cells at Bushbucksridge had actually collapsed in 2001.

Magistrates are not utilising section 62(f) and section 256(1) (i) and (h) of the Criminal Procedure Act to the full. There appears to be some confusion regarding the implementation of these sections and a need for training of prosecutors and magistrates in this regard was expressed.

Recidivism was identified as a problem, and the lack external partnerships aimed at supporting parolees contributes to offenders resorting once more to crime. The difficulties that released offenders experience on release was acknowledged and a suggestion was that seed money is made available to parolees in order that they may start up their own business. The community, especially Business Against Crime, should be encouraged to become involved in such initiatives.

There are also difficulties in the implementation of Regional Courts, as it is creating pressure in terms of accommodation – there are not enough court rooms and the utilisation of district court structures is having a negative impact on the work of the district courts.

There is a lack of secure care facilities for juveniles.

While there appears to be a great deal of interaction between the various departments of the Justice Cluster, there appears to be a lack of co-operation from other departments such as Public Works. There was a feeling that the Departments of Health, Social Development, and Transport should also be involved where appropriate. There was a great deal of frustration regarding issues involving the Department of Public Works including issues such the lack of progress surrounding the repair of dilapidated building, as well as the absence of cleaning materials and staff.

There is a very high turnover rate of prosecutors, especially experienced prosecutors, which contributes to cases being withdrawn, delayed and lost.

Delays in finalising cases are also caused by the fact that the transcription service providers are not located in the Province.

There is a lack of facilities at both police stations and at courts for disabled people.

Wherever the Select Committee visited, they encountered many prisoners charged with rape (some juveniles), which is alarming. The reasons for the high incidence of rape cases that were offered included: the absence of parental care; many cases involved juveniles (both accused and survivor) and alcohol; a belief that young girls and elderly women do not have HIV/AIDS. Alcohol appears to be a contributing factor in many crimes, especially violent crimes such as rape involving juveniles. There is widespread agreement that the present liquor licensing legislation is contributing to the problem and that there is a need to ensure that licence conditions are stringent.

The statistics that are kept do not allow for easy comparison across the Justice cluster and even within the Department of Justice itself. In the Department of Justice no record is kept of cases in terms of the crimes committed. This information is kept by the SAPS but is lost once a case comes to Court. Magistrates only record the number of hours spent in court and prosecutors the number of new cases and cases finalised.

There is need for the establishment of more places of safety for juveniles.

The issue of court security is of enormous concern to court managers and personnel. Even where there are metal detectors, they do not appear to work. At Polokwane, magistrates have had their houses broken into and have been held hostage.

The fact that Limpopo does not have its own High Court and must rely on the Transvaal Provincial Division (TPD) Circuit Court hinders the swift administration of justice in those matters that must be heard in that Court

6. Recommendations:

South African Police Services (SAPS)

Transformation: It is recommended that female staff members are recruited to the SAPS, especially female detectives. The problem of recruits requesting to be transferred to other areas once they have completed their training should be considered when allocating new members to a station. Preference should be given to recruits from the area. The psychometric tests used to evaluate female recruits to SAPS should be investigated to ensure that they are suitable. Police holding cells are overcrowded which can lead to escapes.

Emergency power supplies: It is recommended that all police stations should have emergency power supplies and that where such supplies exist, they are upgraded.

Training: It is recommended that training of police personnel be prioritised, especially with regard to statement taking.

Prisoners: It is recommended that station commissioners and magistrates should visit prisoners in the police cells on a daily basis. The complaints of prisoners in police holding cells need to be routinely noted and investigated.

Community Police Forums: It is recommended that Community Police Forums (CPFs) be allocated a budget to enable them to be operate independently of police resources.

Victim Empowerment Programmes: It is recommended that sufficient resources be allocated to ensure that Victim Empowerment programmes can be fully implemented. Other stakeholders such as the Departments of Health and Social Development should be invited to come on board.

Department of Justice

Court Accommodation: It is recommended that Courts identify their accommodation needs and motivate accordingly to their provincial office. Certainly, the shortage of court accommodation needs to be urgently addressed. There needs to be greater co-operation between the National Prosecuting Authority and the Department of Justice regarding the identification of new courts in order to ensure that there are sufficient resources to accommodate such a court.

Court Security: It is recommended that security at the courts be urgently attended to, including metal detectors to search for weapons on entering courts.

General

Building Maintenance: It is recommended that the JPCS Cluster establish a relationship with the Department of Public Works at both National and Regional level in order that its priorities are informed by those of the Cluster.

Relationship with the Department of Public Works: It is recommended that service level agreements are considered as a method of ensuring that the Department of Public Works is held accountable for service delivery.

Inter-Departmental Relationships: It is recommended that other Departments (such as Public Works, Transport, Social Development and Health) be brought on board, especially in connection with projects such as Victim Empowerment and with regard to education of the community on social issues. The Department of Transport needs to be proactive in involving itself in taxi disputes before they escalate into violence (Mankweng police station).

Holding Cells: It is recommended that holding cells for Awaiting Trail Detainees are situated nearby to the Magistrate’s Court, as transportation of prisoners to Courts can be problematic.

Demarcation of Magisterial Districts: It is recommended that finalisation of the new demarcation of magisterial districts is fast tracked, and that the reported omission of Naphuno 2 in the report on demarcation is looked into.

Rape: The high incidence of rape in the areas that were visited is alarming. It is recommended that the causes of this are investigated and that measures are implemented that educate the community regarding the dangers of not adequately supervising children.

Education on diversion, bail and plea bargaining. It is recommended that all relevant role-players must receive training on the full range of diversion, bail and plea-bargaining initiatives available. The police, magistrates, prosecutors and judges should all be educated on the various legal and procedural options that they have at their disposal to ensure that accused do not have to spend lengthy periods in overcrowded prisons. In addition to some of the measures detailed above (i.e. diversion, plea bargaining and use of the bail provision of section 62(f) of the Criminal Procedure Act), Section 59 of the Criminal Procedure Act, for example, allows a police official (in consultation with the investigating officer in charge of the case) to grant bail to an accused who is charged with a less serious crime. In addition, the R1 000 bail project is ongoing in that accused persons who are not able to pay bail set under R1000 are bought back to court and the determination of a bail amount is revisited by the court. The full range of options should be identified and all role-players trained on the use of these options.

The community needs to be educated regarding the release of prisoners on warning where their bail has been set at R1000 or less and regarding correctional supervision in order to combat the impression that these options can be equated with acquittal.

Children. Recommendation: All relevant stakeholders including the Department of Social Development and the Department of Education must ensure that they provide sufficient alternative residential facilities for both awaiting trial and sentenced children.

Report to be considered.