Questions and Replies

Reply:

a) The following number of inmates escaped from lawful custody:

Region	2018/19	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	12	01	06	07	05
Free State & Northern Cape	05	09	11	03	03
KwaZulu-Natal	05	05	03	06	02
Western Cape	06	04	75	03	05
Gauteng	21	10	12	02	02
Eastern Cape	07	05	10	01	10
TOTAL	56	34	117	22	27

The following number of escaped inmates were re-arrested to lawful custody

Region	2018/19	2019/20	2020/21	2021/22	2022/23
Limpopo, Mpumalanga & North West	10	1	3	1	5
Free State & Northern Cape	5	8	9	3	3
KwaZulu-Natal	4	4	2	5	2
Western Cape	5	3	75	3	5
Gauteng	13	6	2	2	1
Eastern Cape	7	5	10	1	5
TOTAL	44	27	101	15	21

b) Conditions that contribute to escapes from DCS facilities include amongst others:

• Lack of maintenance, poor and outdated infrastructures;
• Influx of contrabands in Correctional Facilities; &
• Non-compliance to policies and procedures by DCS officials.

END.

Reply:

The updated progress made to address the serious shortage of office space at the High Court in Kimberley through procurement of alternative office accommodation for Master of High Court is as follows:

• 1. The Department of Justice and Constitutional Development received the request for confirmation of funding through an Actual Cost Analysis (ACA) on the 12 June 2023 from the Department of Public Works and Infrastructure (DPWI) with regards to the procurement of an alternative accommodation for Master of High Court Kimberley.
  2. The approved Actual Cost Analysis was approved and forwarded to DPWI on the 22 June 2023.
  3. This will enable the DPWI to finalize the procurement of the alternative accommodation with the awarded bidder.

Reply:

a) The National Commissioner was informed on 22 March 2023.

(b)(i) The notification was received from the DCS, Director: Contract Management.

(b)(ii) The notification was received by means of a written investigation report on the escape of the mentioned offender.

END

Reply:

a) The National Commissioner was informed on 22 March 2023.

(b)(i) The notification was received from the DCS, Director: Contract Management.

(b)(ii) The notification was received by means of a written investigation report on the escape of the mentioned offender.

END

Reply:

1. In October 2016, the 5th administration of South Africa took a decision to withdraw from the Rome Statute of the International Criminal Court (“Rome Statute”). Following this decision, South Africa sent a written notice to withdraw from the Rome Statute to the Secretary General of the United Nations.

2. In February 2017, the North Gauteng High Court unanimously ruled that the withdrawal notification sent by South Africa to the United Nations was unconstitutional and invalid without prior parliamentary approval, and ordered the Government to rescind the notice with immediate effect. In line with the court decision, the South African government revoked its notice of withdrawal from the Rome Statute in March 2017.

(a) There is currently no intention to introduce a Bill with the aim of withdrawing the Republic’s participation in and membership of the ICC.

(b) South Africa remains a full member of the ICC with all the rights and obligations that accrue to all members of the Rome Statute.

(c) The International Crimes Bill, introduced in Parliament in 2017, whose purpose was to withdraw South Africa from the ICC by repealing the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, has been withdrawn from Parliament.

Reply:

1. The Department is responsible for the processing of all incoming and outgoing requests for mutual legal assistance and extraditions to and from foreign states. Although detailed records are kept of all cases processed by the Department, due to the nature of these matters, some cases cannot be divulged due to the confidentiality and sensitive nature thereof and the fact that the matter has not yet been finalised.

2. Since August 2022, the Department received 78 new requests for extradition and mutual legal assistance.

Reply:

I wish to inform the Hon Member that I have been informed that:

(1)(a) 744 prosecutors have received training in (i) cybercrime and security; and (ii) cryptocurrency crime and security, during the 2021/2022 to 2022/2023 financial years.

(b) Numbers of (b) judges and (c) magistrates, trained, has been referred to the South African Judicial Education Institute at the Office of the Chief Justice, which is mandated to provide training to the High and Lower Court Judiciary. The response is as follows:

(i) Cybercrime and Security

2015/16

Topic	Target audience	#
Cybercrime and Electronic Evidence(ToT)	Judges	12
Cybercrime and Electronic Evidence (ToT)	Judges	10
Cybercrime and Electronic Evidence (ToT)	Judges	8
Cybercrime and Electronic Evidence	Judges	17
Cybercrime and Electronic Evidence (ToT)	District Court Magistrates (DCM)	16
Cybercrime and Electronic Evidence	District Court Magistrates	13
Cybercrime and Electronic Evidence	District Court Magistrates	22
Cybercrime and Electronic Evidence	District Court Magistrates	21
Cybercrime and Electronic Evidence	District Court Magistrates	72
Cybercrime and Electronic Evidence	District Court Magistrates	15
Cybercrime and Electronic Evidence (ToT)	Regional Court Magistrates (RCM)	15
Cybercrime and Electronic Evidence	Regional Court Magistrates	85
Cybercrime and Electronic Evidence	Regional Court Magistrates	29

Note: ToT stands for Train the Trainer course on Cybercrime and Electronic Evidence facilitation skills.

Totals:

Judges: 47

RCM: 129

DCM: 149

2016/17

Topic	Target audience	#
Cybercrime and Electronic Evidence	Judges	19
Cybercrime and Electronic Evidence	Judges	21
Cybercrime and Electronic Evidence	Regional Magistrates	57
Cybercrime and Electronic Evidence	District Court Magistrates	14
Cybercrime and Electronic Evidence	District Court Magistrates	10
Cybercrime and Electronic Evidence	District Court Magistrates	77
Cybercrime and Electronic Evidence	District Court Magistrates	15
Cybercrime and Electronic Evidence	District Court Magistrates	12

Totals:

Judges: 40

RCM: 57

DCM: 128

2017/18

Topic	Target audience	#
Technology used in Cybercrime	Regional Court Magistrates	154
Cybercrime and Electronic Evidence	District Court Magistrates	18

Totals:

RCM: 154

DCM: 18

2019/20

Topic	Target audience	#
Cybersecurity, cyber specific offences and Budapest Convention	District Court Magistrates	17

2020/21

Topic	Target audience	#
Cybercrime and Electronic Evidence	Regional Court Magistrates	52

2021/22

Topic	Target audience	#
Cybercrime and Electronic Evidence	Regional Court Magistrates	49

2022/23

Topic	Target audience	#
Cybercrime and Electronic Evidence	District Court Magistrates	17
Cybercrime Amendment Act 12/2021	District Court Magistrates	14

Totals:

DCM: 31

(ii) Number of Judges and Magistrates trained on cryptocurrency crime and security

2018/19

Topic	Target audience	#
ICT, Cryptocurrency and Organised Crime	Judges	84

Totals:

Judges: 84

2. (a)(b) Yes. In fact, I regard training and capacitation on the management and prosecution of cybercrime and cryptocurrency cybercrime as so important, that I have signed a Cooperation Protocol with the Minister for Europe and Foreign Affairs of the French Republic, to promote such training and capacitation, during June 2023.

(i) Furthermore, 334 Prosecutors have applied to be trained on Cybercrimes at Justice College, during the 2023/ 2024 financial year. Such training will take place during seven (7) planned training sessions.

(ii) In addition, the Cyber Response Committee has planned for training for 60 prosecutors. The training will cover the following:

1. Basic Cybercrime Investigation;
2. Financial Investigation triage and techniques;
3. Overview of digital evidence for prosecutors; and
4. Mobile device evidence for prosecutors.

(iii) I have great pleasure in announcing that three (3) NPA officials who have undergone intensive training through the FBI’s Law Enforcement Academy in the areas of the Dark Web and crypto investigations, are now also responsible for rolling out training to NPA and SAPS officials. The first such training is scheduled for 17 July 2023.

(iv) Lastly, I have been informed that the NPA’s Specialised Commercial Crimes Unit (SCCU), has recently established its own Training Desk to ensure that specialist training needs are sourced, which includes training at an advanced level in Cyber-crime and crypto currencies. This includes collaboration with the following counterparts and organizations:

1. The UNODC;
2. The Office of the US Legal: FBI;
3. SABRIC; and
4. FIC.

Plans will also be developed when there is additional budget for refresher training of Judicial trainers by experts.

I therefore wish to assure the Honorable Member that my Ministry and the JCPS Cluster are taking cybercrimes seriously and are addressing these crimes as a priority.

Reply:

a) The Department has not entered into any contracts with the mentioned service provider, however the mentioned company is a sub-contractor of the Bloemfontein Correctional Contracts (Pty) Ltd (BCC) which operates the Mangaung Correctional Centre (MCC) as a Public Private Partnership (PPP) Correctional Centre under sections 103 – 112 of the Correctional Services Act 111 of 1998, as amended (CSA).

Since the inception of the Concession Contract between Department of Correctional Services (DCS) and the Bloemfontein Correctional Services Contract (BCC), the department has closely monitored the contract in terms of all obligations through a DCS Controller who is permanently employed to oversee all operations in relation thereto as well as note any deviations to the contract for action. G4S’s contractual obligations from UK have no bearing on the agreement between DCS and BCC.

b) All allegations were dealt with in terms of the concession contract, in the event that BCC and its sub-contractors have failed to comply with any contractual obligations relevant penalties have been instituted.

END

Reply:

(1) As stated in my previous reply, the Magistrates Commission has encountered a number of challenges in finalizing the appointment of a Presiding Officer (PO) and Persons Leading the Evidence (PLEs). However, it was stated in our last reply that the issue of the evidence leaders (PLEs) has been resolved. The Magistrates Commission has since resolved that as Mr Nzimande is a Regional Court President, that a retired Judge should be appointed as Presiding Officer due to the rank and seniority of the magistrate involved. A retired Judge has been identified and he has indicated his willingness to preside over the disciplinary hearing.

(2) No. As the Magistrates Commission is an independent statutory body, any requests for statements on Mr Nzimande’s matter should be referred to the Secretary of the Magistrates Commission.

Reply:

The Department has since embarked on a project to conduct vetting of the Mangaung Correctional Centre (MCC) personnel including contractors and staff members. A total of 507 Staff and 57 Contractors Personnel Suitability Checks (PSC) were conducted and processed. The PSC include the following:

• Criminal Record Checks
• Qualification verification (Matric and Tertiary)
• Financial record checks
• Property checks
• Directorship checks

As of the 05 June 2023, the Department will be processing the Confidential Security Clearances for all Mangaung staff members. The process involves:

• Completion of Security Clearance Application Forms (Z204) and quality checking for correctness upon submission; &
• Evaluating submitted additional documentations as per security clearance application requirement, well as PSC outcome reports.

Issuing of security clearance certificate is the responsibility of the State Security Agency (SSA) the department will then submit all files for processing to SSA. The envisaged submission date to SSA is 26 June 2023.

In addition, DCS also plans to implement a phased-in training plan for the MCC staff from 01 July to 30 September 2023, for all categories of officials needed for the Centre to function optimally. The training plan will target three groups of officials that are envisaged to staff the centre as follows:

• current qualifying staff who may be considered by the Department;
• officials from the Department who will be transferred from other components / centres; and
• qualifying former officials who will be recruited.

The detailed training needs are currently being determined and existing training curricula and manuals are being adapted for this purpose. Continuous training will also be provided beyond the dates mentioned supra.

END

Reply:

The budget allocated towards the maintenance of courts relates to the physical aspects of maintenance. The modernisation of the Court Recording Technology (CRT) solution is to be funded via other programs of the Department, which includes the Modernisation program and the Integrated Justice System (IJS) program.

The modernisation of the CRT solution will be implemented in an integrated approach. It will cater for the recording of court proceedings, have audio and visual capabilities and will be known as the Court Recording Audio-Visual Solution (CRAVS).

This CRAVS solution will comprise of features that includes, amongst others, a digital courtroom platform to enable face-to-face online court sessions from anywhere within, or outside the country. In this regard, participants only need a camera connected with an internet device to attend the court session virtually and can interact with the Judicial Officer and court through a secure video stream. It will be a very simple solution to use, where each participant can add documents with a secure sharing facility with counsel, clients and opposing parties. It will have real-time transcription software that helps view and maintain live court proceedings and in the case of fines as an example, defendants can instantly resolve fines or set up a payment plan, virtually.

It is envisaged that the 1st phase of the CRAVS solution will be rolled out to 170 courtrooms by 31 March 2024, in line with the Departments 2023/24 APP.

It should also be noted that the CRAVS solution will require a stable underlying ICT infrastructure and network. Accordingly, the Department is also engaging on a project to upgrade both the WAN and LAN networks of all the courts. All courts with copper lines will be upgraded to fibre, and those that already have fibre will have their bandwidth upgraded, if it is found to be insufficient.

Reply:

In the anti-corruption sphere, we significantly expanded the capacity of the Investigating Directorate (ID) and are institutionalising its operations as an integral part of the National Prosecuting Authority (NPA). The ID has enrolled eighteen (18) new matters this financial year, meaning a total of thirty-four (34) matters have been enrolled with 203 accused over the last four (4) years. Thirteen (13) new investigations were authorised, totalling ninety-seven (97) matters authorised over the last four (4) years.

A significant success of the ID during the financial year was its contribution to the recovery of R2.5 billion, which was paid into Criminal Asset Recovery Account (CARA). Whilst it is acknowledged that there is still a long way to go, this represents a significant milestone in the recovery of assets that were illegally obtained through state capture.

Over the last year, the NPA’s Asset Forfeiture Unit (AFU) secured freezing orders valued at R570 million as part of its strategy to pursue the monies stolen by the perpetrators of corruption and the enablers and facilitators of state capture. The finalisation of two (2) high value corruption cases contributed to the AFU obtaining recoveries in corruption and related matters to the value of R2.83 billion during the financial year.

Cumulatively, R10.2 billion has been frozen over the past four (4) years of the five-year Medium-Term Expenditure Framework (MTEF) period. The NPA has recovered R2.55 billion in state capture cases alone.

An Integrated Task Force chaired by the Deputy National Director of Public Prosecutions (DNDPP): NPS was introduced early in 2022 to coordinate the response of the NPA and DPCI to the recommendations of the Zondo Commission. The establishment of an Advisory Panel of experienced prosecutors and investigators to hear and advise on cases has been a very successful initiative, increasing the confidence of prosecutors and investigators dealing with complex matters.

Following additional funding from National Treasury, the NPA establishment was increased from 4 967 to 5 353. The capacitation of specialised units, especially the SCCU and the ID, remained a priority as a response to the Zondo Commission. The filling of the Aspirant Prosecutor posts and newly appointed Prosecutors allowed for more experienced staff to be promoted to specialised areas such as the ID, Specialised Commercial Crimes Unit (SCCU) and Specialised Tax Units.

With the assistance of the Chief Justice and the Department of Justice and Constitutional Development (DoJ&CD)’s Capacity Enhancement Committee, the SCCU set up dedicated Specialised Commercial Crime Courts (SCCCs) in regions that did not have such courts. There are currently twenty-two (22) dedicated courts throughout the country with a footprint of dedicated commercial crime courts in all Provinces – Limpopo, North-West, Northern Cape and Mpumalanga previously in 2019 did not have such courts. SCCU Prosecutors increased from 105 to 225. Support staff stand at thirty-seven (37) with additional twelve (12) posts created between 31 December 2019 and 31 March 2023.

The additional SCCCs allowed the NPA to focus on backlog cases resulting in a 2% decrease (from 823 to 808) in the past financial year. This represents a 22% decrease from the end of the 2021 financial year (1 040 to 808).

In the 2022/2023 financial year, the DoJ&CD took steps to enhance six (6) of the SCCC with technological tools to enable virtual testimony and the receipt of digital evidence. This will go some way to avoiding postponements that may arise when witnesses, etc are not physically available. In the 2023/2024 financial year, a further two (2) SCCC will be enhanced in the same manner.

The focus on old cases had a slightly negative impact on the conviction rate as there were challenges with some of these cases. However, the additional courts did result in a 5.8% increase in the number of cases finalised, from 344 to 364. An increase in percentage of accused being sent to direct imprisonment from 29.2% in 2020/21, then to 34.9% in 2021/22 and now currently at 38.2% has also been significant in the fight against serious commercial crimes. Furthermore, an increase in compensation orders granted, from 39 in 2020/21 to 65 by the end of March 2023, was also noted.

The SCCU actively participated in the Fusion Centre, which serves as a good example of stakeholder collaboration. As a result, thirty-four (34) cases of fraud and related offences related to COVID-19 and South African Social Security Agency grants have been enrolled in the past year.

On the Anti-Corruption Task Team (ACTT) Priority List of identified cases, seventy-nine (79) cases are enrolled with 363 accused (21 enrolled in High courts). Nineteen (19) of these cases are already partly heard.

With effect from 1 April 2022, a Special Director of Public Prosecutions responsible for the General Prosecutions and Specialist Tax Component portfolios was appointed in the NPA. The regional capacity of the Specialist Tax Component has increased in the past financial year. The approved establishment throughout the country has grown to hundred (100) posts, of which eighty-five (85) are filled. The upward performance trajectory of the Unit continued. Prosecutors finalised 138 cases and achieved a conviction rate of 96.4%. This success is underpinned by the component’s ability to attract and retain highly experienced staff.

The impact of COVID-19 during the 2020/21 financial year can be seen in the Table below. However, since middle of 2020, a remarkable improvement in all areas of corruption and fraud related matters has been recorded.

Although significant impact can already be seen, a lot of work is still in progress with refinement and changes to be effected. The ID still needs to broaden its establishment and be capacitated as a permanent structure. I have already approved Regulations that bestow peace officer powers on ID Investigators. These Regulations are significant as they provide investigators with the necessary powers to conduct their work prior to arresting suspects.

Details of specific inroads to arrests, prosecutions and convictions will be released in the Annual Report of the National Director of Public Prosecutions.

Over and above the progress noted by the NPA, from a policy and legislative perspective, I have recently released the discussion document on whistle-blower protection which contains far reaching proposals to amend the Protected Disclosures Act, 2000 (Act No. 26 of 2000) and the Witness Protection, 1998 (Act No. 112 of 1998).

The definition of occupational detriment should be expanded to include persons who are not employees but who have disclosed in terms of the PDA.

• ‘Occupational detriment’ should be changed to ‘detrimental action’ or improper conduct to avoid a narrow interpretation of who may make a disclosure.
• Improved measures to keep a protected disclosure confidential where information might identify the discloser.

• The creation of a reverse onus where any conduct or threat against a whistleblower is presumed to have occurred as a result of a possible or actual disclosure that a person makes.
• The creation of an offence where a person uses force, coercion, threats, intimidation, or any other coercive means against another person with intent to prevent that person from, or influence that person to refrain from, making a disclosure.
• Creation of a mechanism for the provision of legal assistance to whistleblowers.
• Proactive measures by appointing a “whistle blower champion” who is responsible for ensuring and overseeing the integrity, independence and effectiveness of the firm’s policies and procedures on whistleblowing; and to establish, implement, and maintain appropriate and effective internal arrangements.
• The creation of a fund for whistleblowers. This will assist whistleblowers who have been dismissed, and who face severe financial hardship in meeting their basic needs and that of their dependents.
• Make it an offence if a person or body does act upon a protected disclosure after it has been made to it.
• Protection by the state to whistleblowers and their immediate family members in instances where their lives or property is endangered.
• Inclusion of whistleblower in the definition of witness in terms of the Witness Protection Act.

Parliament has also introduced legislation through the Judicial Matters Amendment Bill, 2023 to amend the section 34 of the Prevention and Combatting of Corrupt Activities Act, 2004 to hold the failure by members of the private sector or incorporated state-owned entities to prevent corrupt activities by creating a criminal offence in that regard.

Legislation has also been drafted to create amend the National Prosecuting Act, 1998 to make the Investigating Directorate a permanent entity instead of one declared by the President by way of a proclamation.

The Department of Justice and Constitutional Development is also finalising the review of the anti-corruption architecture of South Africa, with a view to introduce legislation to further strengthen the fight against corruption.

 

Reply:

1. Yes, the exemption is valid from 19 May 2023 (the date of the notice). In the preamble of the certificate of exemption, the Minister makes it clear that the exemption is for a period of five (5) years.

2. Yes. Any person (not exempted by the Minister) found to be using listed equipment, or directs any person to use listed equipment, in terms of RICA, without an exemption, is guilty of a criminal offence.

3. I do not have powers to instruct the National Prosecuting Authority (NPA) to investigate incidents where surveillance equipment, known as grabbers, were purchased by the SA Police Service (SAPS). The NPA does not have investigative powers in this regard. Any allegations of a crime having been committed in this regard must be reported to the Directorate for Priority Crime Investigation (DPCI) and Independent Police Investigative Directorate (IPID) for investigation.

4. I do not have powers dispose of any article or power to confer to any institution to deal with a process of confiscation from SAPS and destruction of any article, including the listed equipment due to their unlawful nature. The aforesaid processes can be dealt with in terms of the provisions of sections 30 to 35 of the Criminal Procedure Act No. 51 of 1977, which deals with the disposal of articles after seizure.

Reply:

a) The table below provides details on the number of courts that do not have full-time interpreters:

No.	Province	No. of Courts Without a Full-Time Court Interpreter	Reasons for Non-Provision	Contingency Plan
1	Eastern Cape	1	Vacancy	Recruitment Underway/Casual Interpreter
2	Free-State	0	N/A	N/A
3	Gauteng	0	N/A	N/A
4	Kwa-Zulu Natal	0	N/a	N/A
5	Limpopo	0	N/A	N/A
6	Mpumalanga	0	N/A	N/A
7	North West	1	A periodical court	Recruitment Underway/Casual Interpreter
8	Northern Cape	4	Periodical courts that sits once per week	Serviced by the main courts
9	Western Cape	9	Periodical courts that sit once or twice a week, and proclamation of new courts due to re-demarcation	Casual Interpreters
Grand total	15

b) Details of cases that get postponed due to the lack of availability of interpreters in the courts of the Republic in each of the past three (3) years are tabulated below:

As at the end of March 2020/21
District Courts
Admin Regions	Unavailable interpreters (local and foreign)
Administrative Region 1 (Eastern Cape A) Port Elizabeth	22
Administrative Region 2 (Eastern Cape B) Mthatha	10
Administrative Region 3 (Free State A) Bloemfontein	4
Administrative Region 4 (Free State B) Welkom	16
Administrative Region 05A (Gauteng) Johannesburg	18
Administrative Region 6 (Kwa-Zulu Natal A) Durban	16
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	12
Administrative Region 08 (Mpumalanga) Nelspruit	18
Administrative Region 09 (North West) Mmabatho	6
Administrative Region 10 (Northern Cape) Kimberley	4
Administrative Region 11 (Limpopo) Polokwane	10
Administrative Region 12 (Western Cape A) Cape Town	11
Administrative Region 13 (Western Cape B) Wynberg	19
Grand Total	166
Regional Courts
Province	Unavailable interpreters (local and foreign)
Eastern Cape	6
Free State	2
Gauteng	16
Kwa-Zulu Natal	8
Limpopo	3
Mpumalanga	1
North West	3
Western Cape	4
Grand Total	43
As at the end of March 2021/22
District Courts
Admin Regions	Unavailable interpreters (local and foreign)
Administrative Region 1 (Eastern Cape A) Port Elizabeth	11
Administrative Region 2 (Eastern Cape B) Mthatha	10
Administrative Region 3 (Free State A) Bloemfontein	1
Administrative Region 4 (Free State B) Welkom	5
Administrative Region 05 (Gauteng) Pretoria	1
Administrative Region 05A (Gauteng) Johannesburg	9
Administrative Region 6 (Kwa-Zulu Natal A) Durban	8
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	8
Administrative Region 08 (Mpumalanga) Nelspruit	9
Administrative Region 09 (North West) Mmabatho	8
Administrative Region 11 (Limpopo) Polokwane	14
Administrative Region 12 (Western Cape A) Cape Town	11
Administrative Region 13 (Western Cape B) Wynberg	7
Grand Total	102
Regional Courts
Province	Unavailable interpreters (local and foreign)
Eastern Cape	10
Free State	1
Gauteng	19
Kwa-Zulu Natal	5
Limpopo	8
Mpumalanga	1
Western Cape	8
Grand Total	52

As at the end of March 2022/23
District Courts
Admin Regions	Unavailable interpreters (local and foreign)
Administrative Region 1 (Eastern Cape A) Port Elizabeth	25
Administrative Region 2 (Eastern Cape B) Mthatha	3
Administrative Region 3 (Free State A) Bloemfontein	3
Administrative Region 4 (Free State B) Welkom	2
Administrative Region 05 (Gauteng) Pretoria	2
Administrative Region 05A (Gauteng) Johannesburg	24
Administrative Region 6 (Kwa-Zulu Natal A) Durban	20
Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	7
Administrative Region 08 (Mpumalanga) Nelspruit	7
Administrative Region 09 (North West) Mmabatho	6
Administrative Region 10 (Northern Cape) Kimberley	10
Administrative Region 11 (Limpopo) Polokwane	4
Administrative Region 12 (Western Cape A) Cape Town	16
Administrative Region 13 (Western Cape B) Wynberg	19
Grand Total	148
Province	Unavailable interpreters (local and foreign)
Eastern Cape	18
Free State	1
Gauteng	22
Kwa-Zulu Natal	9
Mpumalanga	3
North West	2
Western Cape	25
Grand Total	80

Reply:

The South African National Standard (SANS 10400-S: 2011) Part S: National Building Regulations, Facilities for persons with disabilities was approved and published during the year 2011.

Although significant progress was made to transform prisons in order to cater for persons living with disabilities, more effort is required to fully comply with the mentioned SANS at all correctional centres. The main objective of the Departmental Infrastructure Plan is to transform prisons into correctional centres conducive for safe and humane rehabilitation and incarceration, and therefore the Department is mindful of the necessity to comply with latest Building Regulations.

During the construction of new correctional centres and during the refurbishment/upgrade of existing infrastructure the implementation of SANS 10400-S: 2011 is a standard design principle as required by the relevant building regulations.

Inmates are incarcerated at appropriate correctional centres in terms of offender profile, classification, disability and physical health condition. Therefore, offenders and remand detainees living with disabilities are placed at correctional centres consistent and suitable in terms of the degree of disability.

The Department is equipped to accommodate persons living with disabilities, subject to the merit of each case and based on the need and availability of required health care services and facilities.

END.

Reply:

1. The SIU has been proactive in ensuring that the needs from the various spheres of government are met. This is evident in the recent Resourcing Strategy Indaba held, to ensure that the influx of Proclamations currently experienced can be accommodated.

2. a) 199.

b) By 31 March 2024.

3. a) R11,744,481

b) R 5,487,191 is still within 30 days. R 6,257,289 is above 30 days and it is currently under investigation.

4. The SIU, in its normal day to day operations, sends out Statements of accounts on monthly basis to different State Institutions, indicating the amount owing at a particular period. Attached to the Statement of Accounts would normally be a Progress Report, indicating progress on the investigations and allowing the State Institutions a preview of what activities took place during the period being reported on.

On a regular basis, Managers on the investigations are requested to follow up with the various State Institutions on outstanding payments and once a year, the Finance Department sends out letters to the State institutions requesting them to settle the outstanding debts.

During the 2022/23 financial year, the SIU embarked on a more intense project dubbed “Project Khokhela” to deal with the outstanding debt. During the year, various face to face engagements were held with some institutions and this process yielded positive results and payments were received from these institutions.

Reply:

On 25 May 2023, a woman was shot in proximity of Wynberg Magistrate’s Court. At the time of her death, she was not a witness but an accused person who appeared in a murder matter. Prior to her death, she appeared in the Wynberg Magistrate’s Court, with two (2) other accused persons on a charge of murder.

On the day of her death, she appeared in court, whereafter her bail was extended until her next court appearance. Her death was unforeseen since she had appeared as an accused on several occasions prior to her death without any violence or threat of violence being inflicted. There was also no forewarning that an attack of this nature would be directed at the female accused person after her appearance in court.

Three (3) accused persons have since been arrested for her murder, and the matter as well as the circumstances surrounding her death are still under investigation. The investigation is at sensitive stage and revealing more information could cause potential harm to the witnesses or jeopardise the investigation.

Reply:

The Judicial Matters Amendment Bill, 2023 (“the Bill”) which is currently under deliberation by the Portfolio Committee on Justice and Correctional Services contains, amongst others, a provision (clause 10) that proposes the insertion of a new section 57B, 57C and 57D into the Criminal Procedure Act, (Act No. 51 of 1977) (‘‘Criminal Procedure Act’’). The proposed new section 57D (Convictions and sentences in respect of admission of guilt fines relating to offences in terms of regulations made in terms of section 27(2) of Disaster Management Act, 2002), specifically provides that “criminal record of a person which contain the conviction and sentence of a person who—

(a) is deemed to have been convicted and sentenced by a court as contemplated in section 57(6) of this Act, in respect of a specified offence; or

(b) appeared in court in terms of a summons or written notice referred to in section 57(1) of this Act, in respect of a specified offence where it was permissible for that person to admit his or her guilt and who has been convicted and sentenced by the court in respect of the specified offence in question,

is hereby expunged, determined from the date of payment of the admission of guilt fine referred to in paragraph (a), or the sentence referred to in paragraph (b)”.

The objective of the amendment is also to provide for automatic expungement of the criminal record. In the event that that is not the case, the amendment provides for submission of a written application to assist any person in achieving the expungement automatically by the Criminal Record Centre of the South African Police Service.

The automatic expungements will take effect once the Bill is assented to and signed into an Act of Parliament.

Reply:

1. The Organisation of Economic Cooperation and Development (OECD) Anti - Corruption and Integrity Forum (the Forum)has been a driving force in the global anti-corruption movement for more than four decades. Established in 2013, the Forum is the OECD’s premier public multi-stakeholder platform shaping the anti-corruption and integrity dialogue between government, business and civil society.The Forum therefore focuses on policy solutions and business innovations that strengthen integrity and fight corruption.

(a) The Forum hosted its meetings virtually between 2019 and 2022, due to the Covid 19 Pandemic. The year 2023 was the first time the Minister of Justice and Correctional Services was invited to participate in the Forum sessions which took place on 24 – 26 May 2023.

2. Since the OECD’s establishment in 1961, the OECD has, through its various Forums and working groups, developed close to 300 legal instruments, many of which have become international standards promoting integrity.

(a) The Forum has produced various guidelines and policy documents to guide countries in their own domestic policy and law making initiatives. South Africa has utilized the OECD Anti Bribery Convention to draft its Prevention and Combating of Corrupt Activities Act , 2004. In addition, the OECD Recommendations on Improving Ethical Conduct in the Public Service were instrumental in strengthening South Africa’s Protected Disclosure Act as amended in 2017.

Reply:

Raising public awareness in respect of the Thuthuzela Care Centre (TCC) model, its location and the victim-centred multi-disciplinary services offered to victims of gender-based violence (GBV) is critical for increasing access to facilitate access to justice, safety and protection.

The National Prosecuting Authority’s (NPA) Sexual Offences and Community Affairs (SOCA) Unit is responsible for the expansion of the TCC footprint and the management of the TCC sites, has public awareness as one of its key activities. This is done provincially, nationally and internationally.

At provincial level, all SOCA officials, more particularly, the TCC officials are tasked with empowering the communities they serve to know what GBVF is, know their rights and when they are being infringed, know where to seek help (at the TCC) and how to protect themselves. This is done through public awareness campaigns, imbizos, and training sessions with non-governmental organisations (NGOs), law enforcement agencies, and other stakeholders. These activities take place throughout the year to ensure that the more informed communities are, the more willing they will be to access justice. To ensure maximum exposure public awareness activities are aligned with critical events such as Child Protection Week, World Elder Abuse Awareness Day, Youth Day, Women’s Month, Disability Rights Awareness Month and the 16 Days of Activism for No Violence against Women and Children.

To reach the rural communities SOCA has regular engagements with traditional leadership who are a conduit to rural communities. Buy-in from the traditional leadership facilitates access to the TCC for victims in rural communities, particularly, the Eastern Cape and KwaZulu-Natal. The engagement with the traditional leadership takes the form of training on what GBVF is, as well as the work of the TCC with the Inkosis and Indunas. In addition, training and informal discussions are held with the wives of traditional leaders. SOCA in KZN is also part of a multi-disciplinary team, and in collaboration with Cooperative Governance and Traditional Affairs (COGTA), are preparing to brief the Provincial House of Traditional Leaders (PHTL) on GBVF, with the view to rolling out the aforementioned training and engagement with traditional leadership throughout the province. This platform will be used to increase the visibility of the TCC model. Similarly, in the Eastern Cape, the PHTL are members of the Provincial Oversight Committee on GBV chaired by the SOCA Unit, thus ensuring that the TCC model and its services remain at the forefront of discussions. The Bizana TCC hosted a workshop on GBVF and the TCC services available to support the community with traditional leaders, an initiative that garnered television coverage. In addition, a second workshop with traditional leadership on issues related to GBVF and the LGBTQIA+ community. In preparation for the establishment of a TCC in Flagstaff, awareness-raising and training have also commenced with traditional leaders in Flagstaff.

Public awareness encompasses the use of media tools: such as local community radio interviews. TCC officials have secured regular slots to ensure that information about TCCs and the SOCA mandate reaches a wider audience than ordinarily reached by in-person awareness events; focused television interviews; news segments and various social media platforms such as Facebook, and Twitter with the support and expertise of NPA Communications.

At national level, the SOCA leadership, and the national leadership, presents on the TCC model at conferences, national news networks and workshops both locally and internationally. There is a particular focus on the neighbouring SADC countries.

National Strategic Plan on Gender-Based Violence and Femicide (GBVF-NSP) calls on the private sector to elevate its own accountability practices and invest in supporting the rollout of respective pillars of the NSP. This has afforded the NPA opportunities to amplify public awareness of TCCs such as the SPAR Group, providing zero cost marketing of TCCs by placing the NPA TCC logo on its shopping bags for its over 800 stores; the Clicks Group creating slots on their in-store radio, which broadcasts to staff and consumers in over 900 stores across the country; and Vodacom’s offer to make provision for TCC marketing messaging to its over 44 million subscribers.

In addition, the NPA has widely publicised launches of new TCCs, inviting key community leaders, key stakeholders and high-ranking officials from the Criminal Justice Cluster. This ensures that the location of the TCC becomes known.

Increased visibility of the TCC model will ensure increased accessibility of the services of the TCC. The NPA will continue to focus on this aspect.

Reply:

Drawing from the research conducted by the Department of Justice and Constitutional Development, both in South Africa and comparatively, the following proposals for amendments have been published for public comments, with closing date of 15 August 2023, and further engagements with relevant stakeholders will be undertaken:

(a) The definition of occupational detriment should be expanded to include persons who are not employees, but who have disclosed in terms of the Protected Disclosures Act, 200 (Act No. of 2000). ‘Occupational detriment’ should be changed to ‘detrimental action’ or improper conduct to avoid a narrow interpretation of who may make a disclosure.

1. Consideration should also be given to inclusion of detrimental action by fellow employees. Improved measures to keep a protected disclosure confidential where information might identify the discloser, except in circumstances where, among others, the discloser consents to the release of the identifying information; there are reasonable grounds to believe that the release of the identifying information is essential for the effective investigation of the disclosure; to prevent a serious risk to public health, public safety, the health or safety of any individual, or the environment.
2. The creation of a reverse onus where any conduct or threat against a whistleblower is presumed to have occurred as a result of a possible or actual disclosure that a person makes, unless the person who engaged in the conduct or made the threat can show satisfactory evidence in support of another reason for engaging in the conduct.
3. The creation of an offence where a person uses force, coercion, threats, intimidation, or any other coercive means against another person with intent to prevent that person from, or influence that person to refrain from, making a disclosure.
4. Enhancing the powers of the South African Human Rights Commission to deal with protected disclosures.
5. Creation of a mechanism for the provision of legal assistance to whistleblowers.
6. Proactive measure by employers to appoint a “whistle blower champion” who is responsible for ensuring and overseeing the integrity, independence and effectiveness of the firm’s policies and procedures on whistleblowing; and to establish, implement, and maintain appropriate and effective internal arrangements.
7. The creation of a fund for whistleblowers. This will assist whistleblowers who have been dismissed, and who face severe financial hardship in meeting their basic needs and that of their dependents.
8. A provision that will make any clause in any agreement or contract that aims to contract out of the Protected Disclosures Act, unlawful.
9. To create an offence if a person or body does act upon a protected disclosure, after a disclosure has been made to it.
10. State protection to whistleblowers and their immediate families who has reasonable cause to believe that his or her life or property is endangered.
11. Inclusion of “whistleblower” in the definition of witness in terms of the Witness Protection Act.

Reply:

1. The Department of Justice and Constitutional Development (the Department) does allocate the budget for the training of officials in child maintenance and such budget is allocated to the Justice College which is the official training business unit of the Department.

(a) However, the Department cannot provide a curriculum used for the training on the Maintenance Act, 1998 (Act No.99 of 1998) (the Act) as the training is conducted in collaboration with the National Prosecuting Authority (NPA) which provides the training materials and the facilitators. This collaboration was necessitated by the need to ensure that the same training messages is communicated to both Prosecutors who are deemed Maintenance Officers in terms of section 4(1) of the Act and the Maintenance Officers appointed by the Department in terms of section 4(2) of the Act. It must be indicated that the Justice College has human resource capacity constraints to conduct this training since the recall of Senior Lecturers who were Magistrates back to the bench. It is in this light that Senior Maintenance Prosecutors (SMP) of the NPA have facilitating the training coordinated by the Justice College and also they extend the training in the Provinces to the officials of the Department as and when training is coordinated by the NPA.

Although there is no formal curriculum on the Act, the Department conducts a number of education and training interventions to close the gaps and up skill the officials in the front line on support services that assist in performance and investigations in terms of the Act. The first training is conducted on Maintenance Online Trace and Track (MOTT) System which includes training on the system used to track and trace personal and financial details of parties. The second training conducted is on the Maintenance Integrated Case Management System (Maintenance ICMS) which enables Clerks of the Maintenance Courts to capture performance and process based information. This also delves on the relevant sections of the Act. The former training is conducted by the officials of the OCFA and also includes education on the Protection of Private Information (POPI) Act, 2013 (Act No.4 of 2013) (POPI Act) and section 205 Criminal Procedure Act, 1977 (Act No. 51 of 1977) (the CPA).

b) Training coordinated by the NPA is conducted on an annual basis. This training is always extended to the Maintenance Officers and Investigators appointed by the Department. However, as the NPA will be reviewing its curriculum in respect of training on the Act during the current financial year (2022/2023), Justice College has coordinated the training for court officials who need training in all the Regions for the current financial year (2022/2023). A training schedule has been issues and it will be facilitated by the two Senior Maintenance Prosecutors of the NPA and specifically targets Maintenance Officers and Maintenance Investigators across all the Regions.

2.b) (i) and (ii) A total of 2022 magistrates were trained by the South African Judicial Education Institute from 2012 to date across the different provinces regarding the Maintenance Act, Act 99 of 1998.

c) (i) It must be noted that no training evaluation has been conducted in respect of the impact of current training curriculum which is offered by the NPA as it has been indicated that the current training is dependent on the training conducted by the NPA because of the capacity challenges of Justice College. The engagements between the role players will include discussions on the review of the training materials by the NPA and the development of training materials for maintenance investigations. These discussions will include how and the frequency of external evaluation of the impact of this training.

ii) As responded above, no training evaluation has been conducted.

In conclusion, it is worth mentioning that the NPA is currently in a process of reviewing its curriculum on the Act, and one working session was already held on 19 May 2022 with Senior Maintenance Officers internally. Subsequent working sessions to involve the OCFA which is the business unit responsible for coordinating complaints management, performance, policy, stakeholder management and systems interventions with internal role-players in respect of Maintenance Services and the Justice College. Furthermore, the OCFA and NPA National Coordinator of the Senior Maintenance Officers are due to meet with the Justice College to discuss how to improve the current training arrangement and focus areas. This will include discussions about training evaluation as already alluded.

Reply:

Current Status of the Extradition Request

(1.) On 5 June 2023, I led a South African delegation to the UAE and met with His Excellency Addullah bin Sultan bin Awad Al Nuaimi, the Minister of Justice in the UAE and His Excellency Judge Abdul Rahman Murad Al Balushi, the Director of International Cooperation, the UAE Central Authority, to engage the authorities in the UAE on the extradition request for Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, and other areas of cooperation.

a) During the meeting I expressed my concern about the status of the Gupta request and the court’s findings that they could not be extradited to South Africa. The delegation then suggested measures that could be taken to facilitate the successful extradition and emphasised that this is a matter of national interest for South Africa.

b) His Excellency Addullah bin Sultan bin Awad Al Nuaimi, assured my delegation that the UAE will put the necessary measures in place to meet its international obligations in terms of the Extradition Treaty to assist and support South Africa in its quest for the extradition of the Gupta brothers. To this end it was agreed that a virtual technical meeting between the Prosecutors in the UAE and South Africa will take place as soon as possible.

(2.) The delegation enquired regarding the current whereabouts of Mr Atul Kumar Gupta and Mr Rajesh Kumar Gupta, but was informed by Judge Abdul Rahman Murad Al Balushi that the whereabouts of the Gupta brothers are not known to the UAE authorities.

Reply:

A draft National Prosecuting Authority Amendment Bill has been drafted in consultation with the National Prosecuting Authority and its being prepared for tabling in Cabinet for approval to introduce the Bill in Parliament. It is envisaged that the Bill will be introduced into Parliament in August 2023.

The Bill aims to bring about amendments to the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) to facilitate the establishment of a permanent entity within the Office of the National Director of Public Prosecutions. The envisaged amendments, in short, entails the establishment of the Investigating Directorate Against Corruption, the appointment of investigators, their remuneration, conditions of service and powers. The amendments support the independence of the Investigating Directorate Against Corruption.

Reply:

1. I have been informed by the Commission that the matter has still not been concluded and the hearing has still not commenced.

2. The cause of the delay can be attributed to a number of challenges. At its meeting held on 31 August 2018, the Magistrates Commission (‘’the Commission’’) resolved to charge Mr Nzimande with misconduct. He was personally served with a charge sheet on 04 September 2018.

On 05 October 2018, the Minister, on recommendation of the Commission, provisionally suspended Mr Nzimande from office. The provisional suspension was confirmed by both the National Assembly and the National Council of Provinces.

On 25 October 2018, Mr Nzimande responded to the allegations of misconduct against him, as fully set out in the charge sheet, and denied all the allegations against him.

The previous Chairperson of the Commission had an agreement with the former National Director of Public Prosecutions (NDPP) to release a Senior Advocate from his Office to assist the Commission in leading the evidence at the disciplinary hearing.

The Senior Advocate was released for that purpose and was appointed on 04 December 2018 as the Person Leading Evidence (PLE). He however retired and was not willing to provide further assistance as the PLE. The newly appointed NDPP was advised accordingly and requested to appoint someone pursuant to the agreement with her predecessor.

On 22 February 2019, after obtaining approval from the Heads of Courts to release the magistrates to preside over Mr Nzimande’s disciplinary hearing, the Commission appointed three (3) Regional Court Magistrates as Presiding Officers (POs).

On 24 January 2020, the NDPP responded and confirmed they would release another senior advocate to assist as a new PLE. The new PLE unfortunately withdrew on 22 February 2021.

Following his withdrawal, the Commission resolved not to approach the Office of the NDPP for assistance again, and further resolved to appoint two senior magistrates as PLEs. On 29 March 2021, a Regional Magistrate and a Senior Magistrate were so appointed.

On 04 June 2021, the Regional Magistrate requested to withdraw as PLE for the reason that he would be retiring in 2022 and the disciplinary hearing will not be finalized by the time he vacates office.

On 20 August 2021, the Senior Magistrate also requested to withdraw.

The Commission there-after resolved to appoint two private practitioners as PLE.

The Commission found it difficult to find a Presiding Officer within the ranks of magistrates owing to Mr Nzimande’s rank as Regional Court President and seniority. The Commission then resolved to appoint a retired Judge to preside over the disciplinary hearing as the Regulations for Judicial Officers in the Lower Courts, 1994, were amended on 29 October 2021 to also make it possible to appoint a judge for purposes of a misconduct hearing.

3(a) The appointment of a Judge to preside over the misconduct hearing will enable the Commission to proceed with the matter. It is, however, difficult to specify any date. I have been informed that the Commission will ensure that as soon as the Presiding Officer is appointed, that the hearing takes place without any further delay.

(b) The total remuneration paid to Mr Nzimande since his suspension is R6 308 874.38.

Reply:

a) The Court Recording Technology (CRT), software and/or hardware licences belongs to the Department of Justice and Constitutional Development. The Maintenance and Support contract has been outsourced to an Information and Communications Technology (ICT) company, namely, Datacentrix (PTY) Ltd. All court proceedings will always be recorded using this technology (CRT).

b) The current maintenance and support contract with Datacentrix came to an end on 26 June 2023, and has been renewed on a month to month basis until November 2023, so as to ensure that service delivery is not impacted, whilst awaiting the procurement processes to unfold for the longer term contract.

c) The longer term two-year maintenance and support contract is procured via SITA. SITA delays have been experienced in this regard and in mitigation the Department’s executive had met with SITA executive in February 2023. SITA executive had undertaken to fast track the procurement and provide regular feedback.

d) The bid (SITA RFB 2713-2022 ) was subsequently advertised and initially meant to close on 31 March 2023, however, due to an erratum that had to be issued by SITA, the bid closing date had to be extended to 05 May 2023. The bid has since been evaluated and is undergoing SITA quality assurance processes.

e) SITA has provided a project plan indicating that the final recommendation for award by the Department, will be submitted to the Department by 06 November 2023.

f) The existing contract has therefore been renewed on a month to month basis until November 2023, so as to ensure that service delivery is not impacted, whilst awaiting the SITA procurement processes to unfold.

Reply:

In nature of the question posed, the arrests fall within the Directorate for Priority Crime Investigation: Crimes Against the State.

Reply:

​​(1) – (4)

 

It is important to note that law enforcement in South Africa is primarily the responsibility of the South African Police Service (“the SAPS”). SAPS is responsible for investigating crime and security throughout the country. The police service is crucial for the safety of South Africa's citizens and was established in accordance with the provisions of Section 205 of the Constitution. The Constitution of the Republic of South Africa, 1996, also states that the police’s responsibilities are to prevent, combat and investigate crime; maintain and protect the public, their property and the overall security and safety of the Republic; uphold and enforce the law. Sometimes this function, which is a preserve of the police, is entrusted to other entities in terms of section 334 of the CPA. This is to assist the police in the primary function of keeping law and order.

Such appointment only confers police powers to appointees to enforce police functions where police are assisted in their mandate by additional resources. Appointment does not make appointees police officials as stipulated in the South African Police Service Act, 1995, (Act No. 68 of 1995) (“the Police Act”). An enabling provision in law should guide appointment of law enforcement officers as peace officers. This would be followed by a formal process of appointment requiring a formal request and approval of the Minister of Justice and Correctional Services, in consultation with the Minister of Police before permission can be granted and subsequently published in the Gazette. Only then will the appointees be regarded as peace officers. The Department of Justice is not aware of any formal request or application to declare CPWs as peace officers.

Municipal Police

Metropolitan municipalities can apply to the Member of Executive Council responsible for safety and security to and establish their own municipal police units, which are tasked mainly with traffic policing and the enforcement of municipal bylaws. Municipal police have fewer powers than the South African Police Service, and do not investigate major crimes. They work in co-operation with the South African Police Service to prevent crime and maintain public order.

Section 206 of the Constitution provides that national legislation must provide a framework for the establishment, powers, functions, and control of municipal police services. The procedure for establishing a municipal police service is laid down in the South African Police Service Amendment Act of 1998. This law allows municipalities to apply to the government of the relevant province for permission to establish a municipal police service. The Minister of Police may approve the application, after consultation with the National Commissioner of the South African Police Service.

Do crime prevention wardens qualify as peace officers?

The question whether crime prevention wardens recently appointed by Gauteng Provincial Government qualify as peace officers as stipulated by section 334 of the CPA or not is as follows:

As stated in the foregoing paragraphs, the Department has not received any formal request in this regard and thus it is our submission that for an appointment to be made there must have been compliance with the requirements laid down in section 334 of the CPA. Until that process is adhered to, such personnel would not qualify as peace officers.

It is also worth noting that it falls outside my mandate to state that the appointees form part of the municipality police or are traffic wardens or are appointed as law enforcement officers. I am unaware whether there was consultation of the Member of Executive Council with the Commissioner of Police in terms of section 64A(2)(a) of the Police Act or not, for permission for such appointment. This falls within the mandate of the Minister of Police.

Reply:

The National Prosecuting Authority does not keep statistics on the number of witnesses who have been denied immunity from prosecution in terms of section 204 of the Criminal Procedure Act, Act 51 of 1977.

Section 204 is only used in exceptional circumstances where it is in the interest of justice to use the provision. The court decides whether to or not to grant immunity from prosecution to a witness, after the evaluation of the evidence of the witness.

The decision not to prosecute a person, but to use such a person as a witness in terms of section 204 of the Criminal Procedure Act, 1977, is normally made in consultation with the Senior Public Prosecutor, Deputy Director or Director of Public Prosecutions depending on the circumstances of the case. The Prosecutor does not give any undertaking to a section 204 witness that he or she will not be prosecuted as the discharge of the witness from prosecution is subject to the decision of the court, taking into account, whether the person answered frankly and honestly all questions put to him or her.

Reply:

a) No other officials were found to have been involved in the incident, only the arrested officials was involved.

b) The Department continues to implement security awareness sessions and has established security committees which tackle security incidents including smuggling of drugs and cell-phones and prevention thereof. Additional measures in place at all correctional centres to deal with access to drugs and cell phones are as follows:

• all persons (officials, visitors and service providers) entering or leaving the correctional centre are subjected to searching as per section 27 of the Correctional Services Act 111 of 1998 and Standard Operating Procedure (SOP) guidelines;
• searching of vehicles at access points has been intensified including daily searches inside cells and living Units including storerooms, work spaces and ablution areas;
• intensified searches by Emergency Support Team (EST) include unannounced search operations even after hours;
• correctional centres have been declared a bugless environment;
• Training of sniffer dogs on cell- phones are reported to the South African Police Service (SAPS) and banned from future visits.

END

Reply:

To facilitate court recordings, the Department concluded a contract for the provision of Court Recording Technology (CRT) solution and its support and maintenance for a period of 5 years in 2016 (RFB 2014 02). The maintenance and support services for the CRT as defined in RFB 2014 02 expired on the 13 April 2021 and no replacement contract was put in place. The absence of a contract meant that no corrective and preventative maintenance was in place leading to collapse of the machines across the country, thus negatively affecting the functioning of courts.

Several competitive bidding processes were undertaken by the Department to appoint a service provider on a short-terms basis, but these were unsuccessful due to the responding bidder being unresponsive. The Department then approached National Treasury for assistance and was given permission to do a single source procurement.

The Department has not appointed the service provider in question as a sole-source service provider. However, the service provider was appointed effective 26 March 2022, using the single-source process in terms of National Treasury’s Supply Chain Management Instruction Note 03 of 2016/2017, with the concurrent approval of National Treasury. The appointment was for the maintenance and support of the CRT and Sexual Offences System (SOS), and the monetary value of the single-source process appointment was R26 220 000.00

Reply:

1. The Department conducts Personnel suitability checks (PSC) on current officials and new appointments to determine the suitability of a candidate pre and post- employment by the DCS.

The screening is based on five pillars such as Citizenship, Criminal record, Finances including credit checks, Property checks and directorship in companies, analysis of financial statements, verification of qualifications and registration with professional bodies and previous employment record.

A fully security vetting which entails information collection and analysis about the candidate/ official background, covering the nine factors of lifestyle audit to determine a person`s security competence and reliability is conducted, based on the level of access to information.

The nine factors include the following aspects:

• Family background and upbringing
• Education
• Employment ad work ethics
• Social life and social media activity checks
• Finances
• Personality
• Values
• Legal aspects
• Loyalty

b) DCS conducts Security Threats Assessment (TRA) in conjunction with stakeholders such as South African Police Services (SAPS) and State Security Agency (SSA)

Security Treats Assessments (TRA) are conducted in all DCS Correctional Facilities pre and post security incidents to mitigate as well as to investigate risks posed to the DCS.

TRA were conducted at most Maximum Correctional Facilities, Medium Correctional facilities and Community Correctional Offices.

(i) Measures such as the Security Standard Operating Procedures (SOPs) in combating smuggling of contrabands and illicit activities are implemented, furthermore, the DCS has a Code of Conduct that all its employees must abide too and the use of the Anti- Corruption Strategy is in place.

(2) The DCS has not had an incident of offenders being used as hit men.

END

Reply:

(a) & (b) The total number of inmates aged 60 and above serving life sentences as at 30 March 2023 are as follows:

REGION	TOTAL LIFERS AGED 60 YEARS AND ABOVE
EASTERN CAPE	138
FREE STATE & NORTHEN CAPE	56
GAUTENG	158
KWAZULU-NATAL	171
LIMPOPO, MPUMALANGA,, NORTH WEST	128
WESTERN CAPE	93
GRAND TOTAL	744

END

Reply:

(a) The value of the original award was two hundred and eighty two million, seven hundred and thirty six thousand and nine hundred, forty nine rand and twenty four cents (R282, 736,949.24).

(b) The total amount paid to the original service provider is one hundred and thirty two million, nine hundred and seventy one thousand rand three rand and thirty nine cents (R132, 971,003.39)

END

Reply:

1. The Department of Correctional Services has not entered into any contracts with the mentioned service provider, however the mentioned company is a sub-contractor of the Bloemfontein Correctional Contracts (Pty) Ltd (BCC) which operates the Mangaung Correctional Centre (MCC) as a Public Private Partnership (PPP) Correctional Centre under sections 103 – 112 of the Correctional Services Act 111 of 1998, as amended (CSA)

2. It should be noted that a presentation was made to the Justice and Correctional Services Portfolio committee on 18 March 2022 indicating that the contract entered into with BCC would come to an end on 30 June 2026. Subsequent to the security incident, on 20 April 2023, a termination notice for a period of 90 days was issued to BCC, and thereafter, the contract will cease to operate.

END

Reply:

a) Department has established a committee dealing with harassment incidents generally. During awareness campaigns and at morning parades when addressing the Code of Conduct, officials are sensitised about harassment.

For 2022/23, Quarter 04, the Department trained 240 officials to capacitate them to investigate, initiate and chair cases of harassment. During the Women’s month, Children’s month and the month of people living with disability, young women are targeted for training and awareness on harassment in the workplace.

The reported incidents of harassment are investigated and the outcome of the investigation will determine the disciplinary action to be taken against alleged transgressors. The victims are referred to Employee Assistance Practitioners for emotional and psychological support.

b) Each case is handled according to its own merits. The nature and complexity including availability of all relevant parties determines the expediency of each case.

 

END.

Reply:

a) The percentage of completion of the new correctional centre in Parys, Free State is 55%.

b) The estimated cost to completion of the project is ninety six million, four hundred and fifty four thousand, five hundred and forty eight rand and twenty three cents (R96, 454, 548.23) inclusive of Professional Fees at 18%. The mentioned amount excludes Construction Price Adjustment Provision (CPAP), Development Bank Southern Africa (DBSA) Management Fees, Contingency and Value Added Tax (VAT).

END.

Reply:

For the financial year 2022/23 the inmate population in KZN Region increased from
22 024 to 24 256, reflecting an increase of 2 232 inmates.

The daily unlock as at 15 May 2023 was 24 180 against an approved bedspace of 17 778.

Approved Bedspace	Inmate population	Occupancy Level	Overcrowding level
	Remand Detainees and other unsentenced	Sentenced	Grant total
17 778	6 874	17 222	24 096	135.54%	35.54%

The distribution of the correctional centres according to security classification/category:

SECURITY CLASSIFICATION/CATEGORIES	TOTAL
Maximum	05
Medium	30
Remand Detention Facilities	03
Medium - Female	01
Medium - Youth	02
Medium - Juvenile	0
Maximum - Juvenile	0
Medium - Pre-Release	01
TOTAL	42

 

It should be noted that the main contributing factor to overcrowding is the type of serious crimes committed which result to long sentences and bail denial by the courts.

In an effort to manage overcrowding, the Department continues to implement the approved Overcrowding Reduction Strategy that elaborates on direct and indirect measures to manage overcrowding within correctional facilities.

Direct measures are those that may result in the reduction of the inmates such as:

• Placement on Parole (Lifers; Determinate sentences);
• Special Remission of sentences;
• Transfers between correctional centres.

Indirect measures are for facilitating reduction through implementation of activities that can contribute to the reduction of the DCS population namely:

• Reclassification of offenders at prescribed interval for ensuring that security declassification takes place;
• Referral to court by DCS for conversion of a sentence of imprisonment to correctional supervision;
• Restorative Justice approaches (VOD/VOM)
• Crime Awareness Campaigns such as-
  • School campaigns/ outreach programmes
  • Izimbizo

The Department has established Governance structures where overcrowding and the management thereof is discussed. The National Overcrowding Task Team (NOTT) monitors the implementation of the Regional Transfer Plans whereas the Regional Overcrowding Task Team (ROTT) monitors even distribution of offenders within the region.

All Protocols in terms of the management of Remand Detainees are implemented at all Remand Detainee and Mixed facilities. The protocols referred to relate to the following;

• Referral to court for bail review (s63A and s63(1))
• Referral for consideration of period spent in detention (S49G).
• Referral to court of terminally ill or severely incapacitated remand detainees (s49E)

END.

Reply:

a) It should be noted that no information is available that explicitly confirms that the remand detainees granted bail are still in detention due to inability to pay bail.

As at 31 March 2023 the total population of remand detainees was Fifty-five thousand seven hundred and forty-five (55 745).

(b)(i) A total of 854 were granted bail of one thousand rand (R1000.00) and less.

(b)(ii) A total of 598 were granted bail of above one thousand-rand (R1000.00) up to four million rand (R4 000 000.00).

(b)(iii) The table below depicts the various bail amount categories:

Bail Amount	EC	FSNC	GP	KZN	LMN	WC	Grand Total
Less Than R1000	189	61	251	117	22	214	854
>R1000 to R5000	21	5	268	95	19	114	522
>R5000 to R10 000	2	0	45	7	1	4	59
>R10 000 to R50 000	0	0	9	1	0	5	15
>R50 000 to R100 000	0	0	1	0	0	0	1
4million	0	0	1	0	0	0	1
GRAND TOTAL	212	66	575	220	42	337	1452

END

Reply:

The Standard Operating Procedure (SOP) which governs internal and external security prescribes security measures for court appearances by a sentenced offender on further charges.

The SOP outlines that a sentenced offender appearing in court on further charges must be dressed in their own private clothing which is clean and neat. In the event an inmate does not have suitable private clothes they are to be provided with release clothes.

END.

Reply:

1. The Department of Correctional Services (DCS) continue to implement the approved 2021 Overcrowding Reduction Strategy that focuses on direct and indirect measures within correctional facilities. Continuous engagements are also held at all levels within the Criminal Justice Cluster with an aim to improve current strategies and to find new implementable solutions for crime prevention and overcrowding. The implementation of Justice Cluster Strategies reflected in the approved Overcrowding Reduction Strategy is crucial in the management of overcrowding.

Direct Measures, are those that may result in the reduction of the inmates whilst the indirect measures are for facilitating the reduction through cooperation with relevant stakeholders including the analysis which provides the contextual understanding of overcrowding.

Direct Measures are as follows:

• Placement of lifers on Parole;

• Placement of offenders serving determinate sentences on Parole;

• Transfer of offenders between correctional centres

• Special Remission of sentences

Indirect measures to address overcrowding are as follows:

• Reclassification of offenders at prescribed interval for ensuring that security declassification takes place;

• Referral to court by DCS for conversion of a sentence of imprisonment to correctional supervision;

• School campaigns/ outreach programmes;

• Crime Awareness Campaigns;

• Imbizo;

• Restorative Justice approaches (Victim Offender Dialogue/Victim Offender Mediation)

In addition, the Department has established Governance Structures entrusted with the responsibility of providing an oversight function and creating platforms where overcrowding and the management thereof is discussed. Some of the functions of the Overcrowding Task Team is to monitor the implementation of the transfer plans and distribution of offenders within the region.

All Protocols in terms of the management of Remand Detainees are implemented such as the following:

• Referral to court for bail review (s63A and s63(1))
• Referral for consideration of period spent in detention (S49G).
• Referral to court of terminally ill or severely incapacitated remand detainees (s49E)

2. The DCS has no intention to have private companies running correction facilities other than the two existing contracts.

END

Reply:

Departmental Procedures as stipulated in the B-ORDER 3, Chapter 2, (Physical Care/ Hygiene), outlines the provisions of toiletries for inmates per month as follows:

• 5x toilet paper rolls per inmates,
• 1x packet sanitary towels (10`s) per female inmate and when requested,
• 1x toothbrush every 6 months or when requested,
• 2x 25ml tooth paste every third week or 1x 50ml per month,
• 2x 100-gram bar bath soap per month,
• 2x 200-gram bar sunlight green soap per month,
• 1 shaving blade,
• Face cloth and towel as required.

The provisions of toiletries and toilet paper at East London Management Area were as stipulated above and the last date of provision was on 03 April 2023 and 14 April 2023 respectively.

The Department continues to conduct the monitoring and evaluation of the implementation of the procedural prescript and analysis of reports on a monthly basis.

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Reply:

(a) The Department of Correctional Services (DCS) has the Disciplinary Code and Procedure which provides guidance in dealing with alleged acts of misconduct. Officials who are accused of committing serious misconduct are placed on precautionary suspension with full pay as a measure to ensure a fair and uninterrupted/ interference free investigation to ultimately determine the facts of an allegation.

Before placing the officials on suspension, the Executing Authority examines the seriousness of the allegations after which, if nececessary, serves the official with a contemplation of suspension letter. The official is afforded an opportunity to respond within a specified period. Based on the supporting evidence, and the official’s response or evidence, the executing authority decides whether to suspend or consider alternative placement.

The Department reviews suspensions on a regular basis to ensure that sufficient reason still exists for the precautionary suspension to remain in place.

(b) The Human Resources Manager referred to was suspended in 2019 for Section 95 allegations of fraud/maladministration. The case was investigated and the official was found guilty and issued with a final written warning. During the review of her suspension it was decided to alternatively place her at Social Reintegration to prevent any interference with evidence as, due to her role as HR manager, she had direct access to administration and evidence implicated in the case.

In addition, services of the Employee Assistance Programme (EAP) are available to all officials for emotional and psychological support. All officials in the Department are made aware of the services offered.

END.

Reply:

The following steps were taken to ensure that the person arrested in Tanzania was confirmed to be inmate Mr Thabo Bester who escaped from Mangaung Correctional Centre (MCC):

• Individuals’ fingerprints were compared with those fingerprints on the warrant/s of imprisonment at the MCC;
• South African Police Service (SAPS) also confirmed that the fingerprints of the person arrested in Tanzania are the same as the fingerprints of the inmate as on the criminal records kept by the SAPS.

END

Reply:

The Minister of Justice and Correctional Services learned about these allegations through media reports and immediately instituted an investigation into the above matter through the National Commissioner of the Department of Correctional Services. The National Commissioner then appointed investigators who are currently busy with all allegations related to inmate Thabo Bester and his escape.

Arrests have been effected and certain individuals are undergoing court processes based on criminal charges in relation to inmate Bester.

END

Reply:

(1)(a & c) No, Goodwood Regional Office and Pollsmoor Correctional Centre’s installation of vibracrete walls does not fall into the respective financial years as stipulated in the above question. It is for this reason it does not appear on the infrastructure plan.

(1)(b) Allandale Correctional Centre’s installation work is being done by Department of Public Works and Infrastructure (DPWI) and therefore does not appear on the infrastructure plan of the Department of Correctional Services

(2) The total expenditure incurred was for the purchase of building material as follows:

• Pollsmoor Management Area - R490 000.00;
• Allandale Management Area – R 866 844.60;
• Goodwood Management Area – R324 000.51

Own resources were utilised for construction of the walls at Goodwood and Pollsmoor Management Areas. In Allandale Management Area DPWI is assisting with the use of a service provider for the construction.

(3) According to the National Building Regulations and Building Standards, Act No.103, 1977 section 2 subsection 3 does not bind the State in submitting building plans to the Municipality.

END.

Reply:

(1)(a) No, the mentioned wall is a pre-cast vibracrete wall. Installation was done as per domestic pre-cast installation, therefore, no civil engineer was required. However, the manufactures’ specifications were adhered to for the installation and training was provided by the supplier on site. No safety agent was appointed. However, health & safety regulations were adhered to.

(1)(b) In the case of Allandale Correctional Centre, the Department of Public Works & Infrastructure (DPWI) appointed a service provider for the installation of the wall. A shop drawing, specification and construction method were provided. See attached as “Annexure 1”. There was no safety agent appointed. However, Health & Safety Regulations are being adhered to.

(1)(c) For Pollsmoor Maximum Correctional Centre a shop drawing was designed and signed by the Manufacturer’s Professional Engineer and specifications with construction methodology were provided. See attached as “Annexure 2”. There was no safety agent appointed however Health & Safety Regulations are being adhered to.

(2) In respect of all three sites, existing fence lines were being replaced by a new type of fence which is the pre-cast walling. Therefore, with respect to Environmental impact studies there wasn’t any registered, however, the necessary installation specifications were adhered to.

(3) There were no approvals required because the work conducted was for replacing redundant existing fence lines.

(4)(a) DPWI appointed a contractor for Allandale Management Area and for Pollsmoor & Goodwood Regional Office artisan and offender labour was utilised.

(4)(b) A competitive price quotation process was followed for purchasing of the material.

END.

Reply:

It should be noted that inmates who came forward with information about Thabo Bester were not whistle blowers with regard to the escape. The offenders referred to only claimed to know about the Thabo Bester escape after it was published in the media. The inmates were transferred out of Mangaung Correctional Centre (MCC) in consideration of their safety.

As a matter of course, routine complaints and requests are taken daily from offenders in Units and registered in the G365 register. For protection of other inmates against officials and management the Judicial Inspectorate of Correctional Services (JICS) is available daily in Correctional facilities to take complaints by and some requests of inmates, these inmates are attended to independently without monitoring and supervision of Correctional officials. Inmates are also assisted to open cases with the police where necessary.

The following whistle blower procedures are applied in DCS:

• Offenders who provide reliable information concerning any wrong doings by other offenders and officials are interviewed by the Unit Manager/ Head of Correctional Centre (HCC) and such inmates are given an option to be transferred out of those facilities or placed in isolation cells for own safety in terms of section 7 of Act 111 of 1998 as amended.

• Stipulations of the whistle-blowers policy of the Department implemented as the protected Disclosures Act 26 of 2000 which was effective in February 2001, state that their name/s should remain anonymous, identity should never be revealed and information should be limited to the Unit Manager/HCC and the investigators.

• Registered whistle blowers are assigned code names and an inmate registration. A whistle blower only interacts with a dedicated official in the holding correctional facility who is assigned to handle the whistle blower.

• Deployment of other experienced officials/Emergency Support Teams (ESTs) from other Centres in the Units where whistle blowers are incarcerated is also considered. Daily visits must be conducted by the Head of Correctional Centre and other Centre Managers.

• Clear and secure communication between the concerned officials and whistle blowers should be maintained at all times.

• Food for whistle blowers should be handled with care in cases where there might be information and suspicions that the offender might be in danger.

• Visits of whistle blowers should be monitored for safety reasons.

• Complaints and requests are taken daily from offenders in the Units and registered on G365 register. Offenders also have access to the Head of Centre and feedback is provided within seven days of the complaint.

• There are also Independent Correctional Centre Visitors (ICCVs) officials from the Judicial Inspectorate of Correctional Services (JICS) that are available at Correctional Centres.

• Offenders have direct access to JICS via these officials. Offenders are free to register any complaint, concern or grievance to these ICCV officials for further handling with JICS.

• Offenders have access to telephones (landlines) and they are able to report their concerns directly to Departmental Investigation Unit (DIU), SAPS, the Presidential Hotline or Public Protector.

• Any official or HCC found to be abusing or threatening offenders that provide any information regarding corruption, abuse, fraud (any complaint) may be charged departmentally and criminally (SAPS).

• Immediate and prompt intervention and consequence management is prioritised and implemented at all levels.

• The placement of a locked suggestion / grievance box in all units that can only be accessed by HCC also assists in getting confidential information to keep inmates safe when they are whistle blowers.

• The office of the Regional Commissioner and the Management team continuously sensitise officials and offenders to refrain from activities that are embarrassing to the DCS and that are illegal in nature.

END.

Reply:

The review of the Department of Justice and Constitutional Development (DoJ&CD)`s organizational structure can be traced back 2007. Many structures were designed but not approved and in some cases the structure was partially approved making it difficult to appoint people on permanent positions.

The organizational structure was not expanded as the new Branches previously existed but were not formalized through an approved structure. The Department Organization Structure was reviewed and all the Branches including the Department`s Executive Committee (EXCO) and organized labour, were consulted throughout the process.

The revised organizational structure is aligned to the Departmental mandate and legislative framework and the National Development Plan (NDP) vision 2030 and the Strategic Plan 2021/2025.

Among other challenges addressed in the revised organizational structure, is to address the poor span of control and blurred reporting lines. Benchmarking exercise was conducted with other departments in the Justice Cluster.

a) Approval of the new structure ha been obtained from the Minister of Public Service and Administration; and

b) The new approved structure does not include a position of Deputy Director- General (DDG) in the Office of the Director- General, but the reviewed structure includes the creation of only one Branch: Institutional Development and Support and one (1) post of Deputy Director- General that will head the said Branch. The post is not in the Office of the Director- General but closely linked to the responsibility of the Director- General.

The rationale for the creation of the said Branch is aligned to the DPSA proposals; but specific to the functional needs of the Department. The new branch is responsible for the following functional areas:

1. Strategic Management; an existing component previously reported directly to the DG. The component is responsible for Strategic planning, Monitoring and Evaluation, Statistical and Research information by National Operations Centre, Service Delivery and Improvement of norms and standards;
2. Public Education and Communications Services, an existing component that previously reported to the Branch: Corporate Services. The component has been renamed Communication Management in line with the naming convention used in the Public Service. The component provides public education, media liaison support for the Department and Ministry, and oversee communication support services for the Provincial offices.
3. Justice College, also and existing component that previously reported to the Branch: Corporate Services. The component is responsible for offering Legal, Quasi-Judicial, Justice –specific Systems training and development services, for the public services and State- Owned Enterprises (SOE`s) officials, and other legal fraternity. The reorganisation of the structure was aligned to the college`s repositioning strategy and direct how it is capacitated; and
4. Policy, Entity and Cluster Coordination (previously known as Chief Director: Chief Legal Researcher) is newly defined to provide for the management and coordination of macro policy, the coordination of activities in the Justice cluster and the overseeing of entity oversight that falls within the Minister`s portfolio.

END

Reply:

All offenders including maximum offenders have access to rehabilitation programmes as stated in the Correctional Services Act, 111 of 1998. Section 41 states that the Department must provide or give access to as full a range of programmes and activities, including needs-based programmes, as is practicable to meet the educational and training needs of sentenced offenders.

The following education programmes are offered- Adult Education and Training (AET) Levels 1-4: This is equivalent to Grades 1-9 in normal mainstream education and it is for offenders who want to pursue studies in the General Education and Training (GET) Band; Further Education and Training (FET): Offenders are given an opportunity to pursue Grade 12; Higher Education and Training (HET) and to advance their education through distant education. In this instance, they are assisted with registration at various institutions of higher learning at their own cost.

East London Female Correctional Centre incarcerates 312 females’ offenders. There are 55 female offenders who are classified as maximums. Of these 55, there are 12 offenders that are currently participating in the GET programme and 2 are busy with amended Senior Certificate programme.

A support visit to East London is planned for 3 August 2023 as part of Women`s Month with the aim of marketing the various education programmes and providing resource support to female offenders. Further to this, a directive compelling all offenders 30 years and below who have not attained Grade 9 or AET level 4, to attend development programmes has been issued.

END