Portfolio Committee on …………………

SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS

CHAIRPERSON: KGOSHI ML MOKOENA

ANNUAL REPORT: JANUARY TO NOVEMBER 2005

Secretariat Support to the Committee

1.1 Committee Secretary : Bulelwa Bottoman

1.2 Committee Assistant : Vuyisile Mfuniselwa

1.3 Secretary to Chairperson : Ayanda Mdala

1.4 Control Committee Secretary : Ben Kali

1.5 Chairperson’s Overview

Firstly, the year has been very hecting for the Select Committee on Security and Constitutional Affairs. The Committee had to grapple with a number of things passing of legislation and other international agreements/protocols. Given a very short space of time to deal with these pieces of legislation and protocols sometimes the Committee had to sit for more that five hours a day for four consecutive days a week. Members also had to sit during recess to consider legislation. Members of the Committee worked very well with a high team spirit despite their political differences especially in the presence

of stakeholders.

A token of appreciation goes to all Members for their support. Members showed loyalty and commitment to this Committee and its activities despite other commitments. Stakeholders who appeared before the Committee also had valuable iputs/contribution.

However, there is never enough, in addition to the tight schedule as the Committee has a duty of an oversight to four Departments, it had to visit police stations, magistrates courts and prisons in the Free State Province. There were some shocking discoveries during the visits such as the alarming rate of rape cases in the Province (especially with juveniles)

During the first term of Parliament the Committee intends to undertake the similar visits to other Provinces.

2. Mission, Vision and Core Objectives

2.1 Mission:

To create an enabling environment through legislation, oversight and monitoring mechanisms:

To transform the legal system to conform with the present constitutional dispensation.

To accelerate the complete transformation of SANDF.

To ensure that there is equitable distribution of police resources, particularly with regard to previously under-serviced areas.

To promote rehabilitation, development and education of the entire prison community.

To oversee law and order in the country.

To ensure that national government policies and programmes promote provincial growth and progress.

2.2 Vision:

The priority areas for the Committee is the set of objectives identified for the ongoing business of the Committee as derived from its mission, namely:.

Core Objective 1: Process, scrutinize and pass new legislation.

Core Objective 2: To review legislation and regulations as and when necessary.

Core Objective 3: To conduct oversight of the operations of the Departments of Correctional Services, Justice and Constitutional Affairs, Safety and Security and Defence.

Core Objective 4: To facilitate oversight of the expenditure patterns of the above Departments in terms of the Public Finance Management Act, Public Service Act and the implementation of legislation through, amongst other things, annual reports, budget briefings.

Core Objective 5: To ensure the safety of South Africa’s citizens.

Core Objective 6: To promote an integrated and effective criminal justice system.

Core Objective 7: To facilitate and strengthen public participation in the legislative process.

Core Objective 8: To deal with all the other relevant exigencies within the sphere of the Committee’s responsibilities.

STRATEGIC OBJECTIVES

To ensure the process of transformation of the judiciary is expedited.

To ensure that there is equitable distribution of police resources particularly with regard to previously under-serviced areas.

To promote rehabilitation, development and education of the entire prison community.

To ensure that there is safety and security for all South African citizens.

To ensure that the Department of Justice upholds and protects the rule of law and the Constitution through rendering accessible, fair, speedy and cost – effective administration of justice in the interests of a safer and more secure South Africa.

To ensure that the Department of Correctional Services contributes in maintaining and protecting a just, peaceful and safe society, by enforces court imposed sentences, detains prisoners in safe custody and promotes social responsibility in, and the human development of all prisoners and persons subjected to community corrections.

On Safety and Security:

Crime prevention readiness assessment: The Committee plans to conduct a series of provincial visits designed to address the current state of crime prevention and readiness in provinces. It will also among others focus on the impact of national crime prevention strategies in provinces to assess its effectiveness in dealing with crime in so-called hotspots and rural areas.

The Committee will also oversee by way of scrutiny of departmental budgets, annual reports, briefings and oversight visits:

Staffing of police stations to determine whether staff are equitably distributed across the nations police stations, particularly with regard to previously under-serviced areas;

Staff retraining / skilling

Resourcing of police stations to ensure their adequacy, particularly such as equipment and vehicles, to handle the needs of communities, particularly under-resourced areas;

Service delivery implementation programmes at various police stations, including community policing, to monitor the quality of service delivered to local communities;

Implementation of the victim empowerment programme.

Resourcing of community policing.

The Committee will monitor the implementation of the Financial Intelligence Act

On Justice:

The Committee will oversee by way of scrutiny of annual budgets, reports, briefings and provincial visits:

The Committee will closely scrutinize the implementation of the new court process project to assess its effectiveness on a continuous basis.

Periodic visits will be undertaken to courts and consultations will be held with all relevant stakeholders to ascertain whether any problems exist with regard to the administration of justice.

Monitor the implementation of legislation such as the Financial Intelligence Bill to determine the extent to which financial institutions are complying with the requirement to implement administrative mechanisms for the identification and reporting of suspicious transactions.

Community courts: The Committee intends to explore international examples to help us design a system of community courts that would be accessible and cost effective, and is consulting with Foreign Affairs as to which best places can be visited.

Implementation of specialised courts – monitor the implementation of community and family courts

The Committee will consider the following legislation:

Judicial Officers Amendment Bill

Child Justice Bill

Compulsory Testing of HIV Offenders Bill

Criminal Law (Sexual Offences) Amendment Bill

Superior Courts Bill

On Correctional Services:

The Committee intends to oversee by way of scrutiny of annual budgets, reports, briefings and visits to prisons that have not been previously visited and an international visit:

Implementation of the Correctional Services Act, in as far as it seeks to ensure prison conditions that comply with the Constitution and South Africa’s international obligations.

Implementation of the new policy on community participation in parole decisions.

Implementation of after care programme to reintegrate offenders into the community.

Implementation security programme (especially with regard to the issues of gangsterism and prison escapes).

The Committee will monitor the implementation of the Correctional Services Act

On Defence:

The Committee intends to visit the SANDF camps to look at how the racial tendencies among SANDF members have/are being addressed.

The Committee will consider the Armaments Corporation of South Africa Limited Amendment Bill (still to be introduced)

On Intelligence:

The Committee has a responsibility to look at the Legislation that comes from the Department of Intelligence from time to time.

3. List of Entities Reporting to the Committee

CLIENTS / STAKEHOLDERS:

Department of Justice and Constitutional Affairs

Department of Justice and Constitutional Affairs

National Prosecuting Authority

Legal Aid Board

South African Human Rights Commission

Gender Commission

Office of the Public Protector

Department of Safety and Security

Department of Safety and Security Secretariat

South African Police Services

Independent Complaints Directorate

Department of Defence

Department of Defence

Armscor

Department of Correctional Services

Department of Correctional Services

Office of the Inspecting Judge

Provincial legislatures

Premiers

MECs

MPLs

Our stakeholders are:

Organised groups (NGOs and CBOs)

Other select committees

The public

Legislation, International Agreements and Other Papers

Legislation Dealt with:

No.	Bill	Date Referred to Committee	Status	Aim to Finish
B5B-2005	Citation of Constitutional Laws Bill	17 March 2005	Considered on 1June 2005	Finalised on 1 June Term
B22B-2005	Constitutional Matters Amendment Bill	23 August 2005	Considered on 24 August 2005	Finalised on 24 August 2005
B2B-2005	Judicial Matters Amendment Bill	23 June 2005	Considered on 31 August 2005	Finalised on 6 September 2005
B14B-2005	Armaments Corporation of South Africa Limited Amendment Bill	16 August 2005	Considered on 7 September 2005	Finalised on 7 September 2005
B15-2005	Defence Special Account Bill	16 August 2005	Considered on 7 September 2005	Finalised on 7 September 2005
B25B-2005	Repeal of Black Administration Act and Amendment of Certain Laws Bill	10 October 2005	Considered on 14 October 2005	Finalised on 9 November 2005
B33B-2005	Constitution Twelfth Amendment Bill	15 November 2005	Considered on 16 November 2005	To be finalised on 12 December 2005

International Agreements and other Papers referred to the Committee:

The following International Agreements /Papers were referred to the Committee:

International Agreement/Paper	Date Referred	Action Required	Status
1. UN Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict	24/11/2004	Consideration and Report	Finalised and Adopted in the Council on 15 April 2005
The Southern African Development Countries(SADC) Mutual Defence Pact	24/11/2004	Consideration and Report	Finalised and Adopted in the Council on 15 April 2005

REPORTS ON REMOVAL AND SUSPENSIONS OF MAGISTRATES

MAGISTRATE	DATE REFERRED TO COMMITTEE (ATC DATE)	STATUS	REMARKS
Chief Magistrate Mr H W Moldenhauer, Pretoria Report on the withholding of remuneration, tabled in terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).	22 June 2005	Briefing on 31 August 2005 by the Magistrates Commission	Rejected by Committee due to Procedural Defects on 14 September 2005.
Magistrate M S E Khumalo Report on the provisional suspension from office with remuneration	25 August 2005	Briefing on 31 August 2005 by the Magistrate Commission	Finalised on 7 November 2005
Magistrate K Suliman Report on the provisional suspension from office with remuneration	25 August 2005	Briefing on 31 August 2005 by the Magistrate Commission	Finalised on 7 November 2005
Magistrate M F Mathe Report on the provisional suspension from office withremuneration	25 August 2005	Briefing on 31 August 2005 by the Magistrate Commission	Finalised on 7 November 2005
Magistrate Monareng		Briefing on 12 Dec 2005

REFERRALS:

Report and Financial Statements of the Armaments Corporation of South Africa Ltd (ARMSCOR) for 2004/2005, including the Report of the Independent Auditors on the Financial Statements for 2004/2005 ATC

Report and Financial Statements of Vote 25 – Department of Safety and Security for 2004/2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005[RP 187-2005]

Report and Financial Statements of Vote 23 – Independent Complaints Directorate (ICD) for 2004-2005, including the Report of the Auditor-General on the Financial Statements of Vote 23 for 2004-2005 [RP771-2005]. ATC5/10/2005

Report and Financial Statements of the National Prosecuting Authority of South Africa (NPA) for 2004-2005, including the Report of the Auditor –General on the Financial Statements for 2004- 2005 [RP 156-2005]ATC 05/10/05.

Report and Financial Statements of the Special Investigation Unit (SIU) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 2004-2005] – ATC 05/10/05

Draft Directives regarding Complainant Participation in Correctional Supervision and Parole Boards tabled in terms of Section 299A of the Criminal Procedure Act, 1977 (Act No 51 of 1977) as amended

Report and Financial Statements of the Police, Security, Legal Justice and Correctional Services Sector Education and Training Authiority (POSLEC SETA) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005[RP101-2005] jointly with the Select Committee on Labour and Public Enterprises ATC 05/10/05

The President of the Republic submitted a letter dated 20 September 2005 to the Chairperson of the National Council of Provinces informing Members of the Council of the employment of the South African National Defence Force in the Democratic Republic of Congo jointly with the Joint Standing Committee on Defence ATC 05/10/05

Report and Financial Statements of the Diplomacy, Intelligence, Defence and Trade Education and Training Authority (DIDTETA) for 2004-2005, including the Report of the Auditor-General on the Financial Statements for 2004-2005 [RP 100-2005] ATC 07/09/05

Written comments received from the public and provincial legislature on the Twelfth Amendment Bill [B33-2005] submitted by the Minister of Justice and Constitutional Development in terms of section 74(6) (a) of the Constitution, 1996

5. Oversight; and Promotion of Public Participation

Oversight Visits:

As part of the Committee’s oversight responsibility over the department and its institutions, the committee

undertook the following visits:

Place(s) Visited	Purpose of Visit	Resolutions Taken	Matters to be followed-up	Cost Implications	Debate in the House
Free State Province, Police Stations, Prisons and Magistrates Courts,	To assess the extent of overcrowding; as part of the oversight function to see if the institutions are functioning properly; to find out whether there is a situation where young juveniles are mixed with hard criminals; to check if there is any counseling offered to the prisoners. The Committee also visited the magistrate courts to ascertain the operations of courts; identify problem areas, and the police stations to ascertain the operations of various police stations. Among other things the Committee will look at the following: distribution of police personnel; and finally to check how Parliament can offer assistance where necessary.	The Committee made some recommendations after it has visited all the areas. The recommendations are still to be discussed and adopted	Will be identified once the report has been discussed and adopted by the Committee.	R89 600.00	To be debated next term

Delegation

Kgoshi ML Mokoena

Hon. S Shiceka

Hon. CZ Ntuli

Hon. L Moseki

Hon. T Manyosi

Hon. F Nyanda

Hon. JW Le Roux

Hon. D Worth

Hon. M Mzizi

Ms B Bottoman

Ms C Silkstone

Oversight Briefings: None

5.3 Public Participation Activities: None

International Visits:

Study Tour to Canada

The Select Committee on Security and Constitutional Affairs undertook a study tour to Canada between 6 to 10 June 2005

2. Objectives of the study tour

To conduct a comparative study of the Correctional Services of Canada (CSC)

To draw lessons, if any, there from

To assess the functioning of the Correctional Services in Canada, especially its policies and practices that relate to maintaining humane conditions in prison cells and offender rehabilitation

3. Delegation

Kgoshi ML Mokoena (Leader of the delegation).

Hon. TA Manyosi.

Hon. F Nyanda

Hon. C Z Ntuli.

Hon. D Worth.

Hon. M Mzizi

Ms. B Bottoman, Committee Secretary.

6. General Summary of Meetings (and Other Activities - like workshops, conferences) Held

Agenda of the Meeting	Date & Venue	Attendance (by party)	Resolutions Taken & Issues to be Followed-up	Cost Implications (This includes costs on oversight briefings)
Consideration of the Committee’s 2004 Annual report and 2005 Programme	3 February 2005	ANC = 6; DA = 2, IFP = 1	The Committee resolved to adopt the Committee Programme and the Annual report with amendments
Briefing by the Department of Justice on Report on suspension of some Magistrates. (Joint with the Portfolio Committee on Justice)(closed meeting)	24 February M46, Parliament	ANC = 5; DA = 2 and IFP =1	The Following Resolutions were taken: To invite the Magistrates to submit written representation to the Committee regarding the recommendation of the Magistrate Commission	Catering (tea, coffee, etc)
	24 February M46, Parliament	ANC = 5; DA = 2 and IFP =1		Catering (tea, coffee, etc)
Briefing by the Department of Defence on the UN Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict and the SADC Mutual Defect Pact	10 March	ANC = 6; DA = 2	The Committee resolved to adopt the Protocols and to recommend that the Council in terms of section 231(2) of the Constitution approves the said Protocols	Catering (tea, coffee, etc)
Briefing by the Department of Safety and Security, SAPS, National Secretariat and ICD.	11April S35,	ANC = 5, DA=1, IFP=1	To invite the ICD to come and brief the Committee on their activities sometime during the next term	Catering (tea, coffee, etc)
Briefing by the Department of Defence on their budget	13 April,S35	ANC = 6; DA = 2, IFP = 1	That the Department should invite the Committee to visits its army bases and motivate the officers who are doing an outstanding job for the country.	Catering (tea, coffee, etc)
Briefing by the Department of Correctional Services on the Budget	16 May, Goodhope chamber	ANC= 6; DA= 2; IFP=1	That the Department correct the unqualification report.	Catering (tea, coffee, etc)
Briefing by the Department of Justice on the Budget	17 May, E305	ANC= 6; DA=2; IFP=1	Due to time constraints the Committee could not exhaust all its questions and resolved to write them down and give to the Department to respond in the next meeting.	Catering(tea, coffee,etc)
Consideration of the Citation of Constitutional Laws Amendment Bill[B5B-2005]	1 June, V475	ANC=6; DA=2;IFP=1	The Committee agreed to the Bill	Catering(tea,coffee,etc)

Joint Briefing with the Portfolio Committee on Justice and Constitutional Development on the Constitutional Matters Amendment Bill	1 –12 August 2005	ANC = 5; DA = 2, IFP = 1	The Committees after lengthy deliberations resolved to propose amendments on the Bill as introduced
Briefing by the Department of Justice on the Constitutional Matters Amendment Bill [B22B-2005].	24 August G26, Parliament	ANC = 5; DA = 2 and IFP =1	The Committee agreed to the Bill without proposed amendments
	24 August G26, Parliament	ANC = 5; DA = 2 and IFP =1
Briefing by the Department of Justice and Constitutional Development on the Judicial Matters Amendment Bill [B2B-2005]	31 August	ANC = 5; DA = 2, IFP=1	The Committee resolved to deliberate on the Bill during its next meeting.
Deliberations on the Judicial Matters Amendment Bill [B2B-225].	6 September 2005 G26,	ANC = 6, DA=2, IFP=1, NNP=1	To agree to the Bill without proposed amendments but however made a resolution that the Department must investigate a possibility to bring Debt Collector and Attorneys doing debt collection under one legislation
Briefing by the Department of Defence on Armaments Corporation of South Africa, Limited Amendment Bill [B14B-2005] and the Defence Special Account Amendment Bill [B15-2005]	7 September 2005, G26	ANC = 6; DA = 2, IFP = 1, NNP=1	To agree to the Bills without amendments.
Consideration of the Draft Notice on the Remuneration of Judges and Magistrates	14 September 2005, G42	ANC= 6; DA= 2; IFP=1, NNP=1	To recommend to the Council to approve in part the determination by the President of RSA of the rate at which salaries and certain allowances are payable to magistrates with effect from 1 April 2005 To recommend to the Council to approve in whole the determination by the President of RSA of the rate of salaries and allowances payable to Constitutional Court Judges or Judges.
Briefing by the Department of Justice on the Repeal of Black Administration Act and Amendment of Certain Laws Bill	14 October 2005- S35	ANC=8; DA=2; IFP=1;	The Committee resolved to go and brief the Provinces
Briefing by the Department of Correctional Services on the Annual Report	25 October 2005	ANC=8; DA=2; IFP=1;
Consideration of Provincial Negotiating Mandates on the Repeal of Black Administration Act and Amendment of Certain Laws Bill	26 October 2005	ANC=8; DA=2; IFP=1;	The Committee resolved to accommodate the amendments from Free State and KZN
Consideration of the Magistrates’ Commission Reports on the suspension of Magistrates Khumalo and Mathe	7 November 2005	ANC=8; DA=2; IFP=1;	The Committee resolved to recommend that the Council approves the report by the Minister of Justice and Constitutional development
Consideration of Provincial Final Mandates on the Repeal of Black Administration Act and Amendment of Certain Laws Bill	9 November 2005	ANC=8; DA=2; IFP=1;	The Committee resolve adopt to the Bill with amendments
Consideration of the Remuneration and allowances of Magistrates	16 November 2005	ANC=8; DA=2; IFP=1;	The Committee to recommend to the Council to approve the report by the Independent Commission on the Remuneration of Office Bearers

Budget Vote

Budget Vote
Department	Briefing by dept	Public Hearing	Report (ATC Date)
Safety and Security	11/04/05	N/A	N/A
Defence	13/04/05	N/A	N/A
Sport and Recreation	16/05/05	N/A	N/A
Science &Tech	15/05/05	N/A	N/A

8. Financial Statements

Budget allocated to Committee : R 406,000

Expenditure : R

Balance (Funds Available) : R219.157.000

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