Questions and Replies

Reply:

I have been informed, by the Department of Justice and Constitutional Development’s Provincial Head: Western Cape, that facilities related challenges were resolved on 18 October 2022. Contractors were called to conduct an assessment and repair. Using the Departmental delegation, all lights were repaired, and globes were also fitted. This was confirmed when the Provincial Head and in his delegation visited the service point to test functionality. The newly appointed Area Court Manager conducts weekly inspections on the building to ensure that all defects are noted and resolved.

Ablution facilities, CCTV, generator gauge and emergency lights are linked to the central biometric system. This system was affected during the municipal electrical power outage which affected the entire area including the court. As soon as the municipal power was restored, the Court Management logged a call to ensure that affected biometric system is also restored.

Reply:

The designated Sexual Offences area in the Plettenberg Bay Magistrates’ Court, including waiting areas, are controlled and secured through the biometric system (central pool). This system was affected by the electrical power outage which occurred and affected the entire area. When the municipality restored electricity, the courts conducted a functionality test, and a call was logged to restore the biometric system, which is a security function that controls and restricts access to protect court users. As of 21st October 2022 the system is now functional.

END

Reply:

1. It must be noted that the National Prosecuting Authority (NPA) does not collate offence specific data in general. However, court statistics, regarding statutory rape and statutory sexual assault matters, as reported and dealt with at the NPA SOCA Thuthuzela Care Centres, are herewith provided for the financial years as reflected below:
2. 2019/2020 financial year:
3. Statutory rape – section 15 of Act 32/2007

• Finalised 119 verdict cases with 116 convictions – 97.5 % conviction rate.
• Diversions in 15 cases.

1. Statutory sexual assault – section 16 of Act 32/2007

• Finalised 2 verdict cases with 2 convictions – 100% conviction rate.

No diversions applied

1. 2020/2021 financial year:
2. Statutory rape – section 15 of Act 32/2007

• Finalised 64 verdict cases with 61 convictions – 95.3% conviction rate.
• Diversions in 2 cases.

1. Statutory sexual assault – section 16 of Act 32/2007

• Finalised 2 verdict cases with 2 convictions – 100% conviction rate.
• No diversions applied.

1. 2021/2022 financial year:
2. Statutory rape – section 15 of Act 32/2007:

• Finalised 85 verdict cases with 80 convictions – 94.1% conviction rate.
• Diversions in 12 cases.

1. Statutory sexual assault – section 16 of Act 32/2007:

• Finalised 12 verdict cases with 12 convictions – 100% conviction rate.
• Diversions in 2 cases.

In the analysis of the data, it is evident that the Covid-19 pandemic had a negative impact on the reporting and finalisation of cases as reflected in 2020/21 and 2021/22 financial years respectively. In comparison to the 2020/21 financial year, the 2021/22 financial year shows an increase in these numbers.

The information to sub-question (b) regarding the acquittals are included supra in the actuals and conviction rates as provided.

The information to sub-questions (c), (d) and (e) are not available. It is respectfully submitted that the Police Ministry is better placed to respond to the questions asked.

In addition, it must be noted that these offences of statutory rape and statutory sexual assault as mentioned, inter alia, are covered in the training curriculum provided to prosecutors. These manuals are annually reviewed and updated with the latest legislation and case law to ensure that prosecutors are proficient in the application of the said law.

Reply:

There is a term contract in place with the Department of Public Works and Infrastructure which covers for the repair and service of the Heating, Ventilation and Air Conditioning (HVAC) system. The contract commenced on 01 April 2021, and is due to expire in April 2023.

The Court Manager of the Supreme Court of Appeal (SCA) has advised that the project instruction to replace chillers and the air conditioning units at the SCA has been issued to the Free State Regional Office of the Department of Public Works and Infrastructure (DPWI) on 18 February 2022. The assigned project manager, held a site briefing meeting between the Supreme Court of Appeal and the professional team from the DPWI Head Office on 12 May 2022. The commissioned engineers conducted a conditional assessment of the HVAC system.

However, due to the fact that the system is very old, the HVAC system has a history of continuous breakdowns and it was therefore recommended that the system be replaced due to lack or unavailability of spares since the system is too old. The system was repaired in numerous occasions without any lasting or long-term solutions.

Currently, there is a plan to replace HVAC system, and the project is in planning phase. The DPWI confirmed that the tender processes will commence in the 2022/2023 (December 2022/January 2023) Financial Year and that the project is earmarked to be completed in the 2024/2025 Financial Year.

Reply:

(a) and (b) The day-to-day maintenance of each Superior Court remains the responsibility of the respective Court Managers. The Court Manager of the Supreme Court of Appeal (SCA) has advised that the Facilities Management Unit of the Department of Public Works and Infrastructure (DPWI) fixed both the sump pumps and the lifts were back in service on 28 April 2022.

Reply:

The National Prosecutor Authority (NPA) is particularly concerned where children and women are the victims of crime and deals with such cases as matters of priority. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is looking towards and assisting these victims in the Thuthuzela Care Centres (TCC’s) of South Africa. Sixty-one (61) TCC’s have already been established throughout the country. Safe spaces for such victims are created. These centres also provide improved services such as treatment and educational assistance to these victims. Prosecutors in court are attending to these matters as priority though it is difficult to keep record of all such cases especially when the crimes, as appears from the question above, are not committed solely due to the gender or age of the victim. The NPA is manually though recording data on both femicide as well as intimate femicide cases. Regarding crimes against women the NPA can supply the data on convictions and acquittals pertaining to femicide and intimate partner femicide only.

During the financial year 2021/22 (April to August 2022) the following was recorded:

a) There was a total of three hundred and ninety-six (396) successful convictions relating to femicide counts and three hundred and sixteen (316) convictions relating to intimate partner femicide counts.

b) There were twenty-four (24) acquittals relating to femicide counts and twenty-one (21) acquittals pertaining to intimate partner femicide counts. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service”.

c) The information regarding cases withdrawn by the victim and /or victim’s family is not recorded by the NPA and cannot be supplied.

d) The number of cases awaiting trial can also not be supplied as it is not recorded.

e) The number of cases awaiting sentencing is not available as it is not recorded.

F) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

1. Murder;
2. Attempted murder;
3. Assault with the intent to inflict grievous bodily harm; and
4. Common assault as it is not recorded.

Reply:

The National Prosecuting Authority (NPA) prioritises all GBVF matters, more especially where the victims are women and children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim-centric manner. This is done by providing pretrial services at its sixty-one (61) Thuthuzela Care Centres across the country. These one-stop centres provide essential psycho-social, medical and legal services, thus creating a safe space for the GBV victim and empowering them to transform into survivors. Whilst prosecutors in court are prioritising these matters, record is not kept of all crimes committed against women and children since not all crime is committed solely due to the gender or age of the victim.

During the financial year 2021/22 (April to August 2022) the following was not recorded in respect of crimes against children:

a) The total of successful convictions.

b) The total number of dismissals or acquittals. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service (SAPS)”.

c) The information regarding cases withdrawn by the victim and /or victim’s family.

d) The number of cases awaiting trial.

e) The number of cases awaiting sentencing.

f) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

1. Murder;
2. Attempted murder;
3. Assault with the intent to inflict grievous bodily harm; and
4. Common assault as it is not recorded by the NPA but the SAPS.

Reply:

I wish to inform the Honourable Member that the information requested at present, does not fall within the mandate and scope of the Department of Justice and Constitutional Development.

Currently, the information required in sub-questions (1) to (4) may be obtained from the Minister of Co-operative Governance and Traditional Affairs.

As the Honourable Member is aware the Traditional Courts Bill, was passed by Parliament and referred to the President for assent and signature into an Act of Parliament.

Until the Bill is passed into law, there is no specific legislation that required the Traditional Courts, for instance, to keep records as is now provided for in the Traditional Courts Bill.

However, the matter is relevant for preparation on the implementation of the Act once assented to and signed into an Act of Parliament.

The Department is in a process of conducting an audit of what needs to be in place for the Bill to be implemented, and will consult with the Department of Co-operative Governance and Traditional Affairs as well as with the nine (9) Provincial Heads of the Department of Justice and Constitutional Development.

Reply:

The following are some examples of the support offered by the Department of Justice and Constitutional Development (Department) to Legal Aid South Africa (SA):

1) Governance

The Department, through the Minister’s representative in the Legal Aid SA Board, is constantly kept abreast about Legal Aid SA affairs including its challenges occasioned by mandatory budget cuts, and timeously provide advice and support. In addition, I also avail myself whenever the Board of Legal Aid SA requests my intervention.

2. Service delivery

a) Court Operations

1. Legal Aid SA is a key player in all the Justice Cluster Efficiency Enhancement Forums (National Efficiency Enhancement Committee, Provincial Efficiency Enhancement Committee, Regional Efficiency Enhancement Committee, and Lower Courts Efficiency Enhancement Committee).
2. Legal Aid SA also partakes in the Department’s Court Rationalization Meetings.
3. Legal Aid SA ‘s lack of adequate resources and lack of relief component is considered in the coordination of Court operations.

b) Special Projects Resources Funding

Where required, the Department provides Legal Aid SA with funding to undertake various special delivery programmes projects, such as Backlog Courts, Sexual Offences Courts and Commercial Crimes Court along with other stakeholders.

c) New Land Mandate

(i) The Department played a key role in the coordination of transfer of Land Rights function from Department of Agriculture to Legal Aid SA.

(ii) The Department ensured that the transfer of function is implemented in line with the Department of Public Service and Administration and National Treasury transfer of function frameworks.

3. Finance and budgeting

a) Supported Legal Aid SA in its submission to National Treasury pleading for exemption from budget reduction which has a direct impact on the case load

b) Coordinates meeting between Security Cluster departments/entities with National Treasury wherein departments budgets are presented and considered.

c) Availed funds to Legal Aid SA for Special Commercial Crimes Courts

d) Coordinated the transfer of R33m to from the Department of Agriculture to Legal Aid SA to fund the establishment of the Land Rights Management unit. If these funds were not secured, then Legal Aid SA would have had to use its funds to establish the Land Rights Management Unit.

e) Spearheaded the Land mandate Medium Term Expenditure Framework Budget negotiations with National Treasury to ensure that the new mandate is adequately funded.

f) I have met with the Minister of Finance to present Legal Aid SA case on request for funding.

Reply:

1. (a) Qualifications requirement for entry Level 5 Court Interpreters is Grade 12 (Matric) or an equivalent qualification at NQF Level 4, and good proficiency in the Indigenous Languages of the area in question.

Qualifications requirement for Senior Interpreters is a National Diploma in Legal Interpreting at NQF Level 5, and three (3) years’ practical experience in court interpreting or Matric/Grade 12 or an equivalent qualification at NQF Level 4 and ten (10) years’ practical experience in court interpreting. The good proficiency in the Indigenous languages of the area in question will also be a requirement.

Qualifications requirement for Principal Interpreters is a National Diploma in Legal Interpreting and five (5) years’ practical experience in court interpreting, Matric/Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement

Qualifications requirements for Cluster Manager Language Service, is a National

Diploma in Legal Interpreting at NQF Level 5 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory Level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

Qualifications requirements for a Provincial Manager Language Service, is a Bachelor`s Degree/National Diploma in Legal Interpreting at NQF Level 6 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

b) The Admission requirements into Court Interpreting in the High Courts is Grade 12 and a National Diploma in Legal Interpreting or equivalent relevant qualification, on NQF level 6. A minimum of three (3) years practical experience in Court Interpreting/ or Grade 12 and minimum ten (10) years’ practical experience in Court Interpreting.

2. Assessment of Court Interpreters is always carried out in a real time court by Language Service managers when Court is in session. There is a standardized assessment/evaluation tool that assesses skills such as listening, memory retention, pronunciation, knowledge of both the Source Language and the Target Language, and turn-around time in encoding and decoding the message conveyed, etc. The tool also assists in determining the skills gap, and also informs the required training interventions.

All court interpreters enter into a Performance Agreement on an annual basis and assessments are conducted with the respective supervisor’s mid-year and on an annual basis. In addition, the management of Court Interpreters (Principal Interpreter/Cluster Manager) conducts assessments in real time while the Interpreter is in court conducting interpretation.

3. Court Interpreters who are placed in Specialised Courts are currently being offered an In-House training by the Justice College on Expert Evidence. The Course content includes, but not limited to, Forensic Pathology, Cyber-crimes, Ballistics and Toxicology, and Advance Interpreting.

The Department is currently engaging Institutions of Higher Learning and the Judiciary to craft a specialised Training Curriculum for the Specialised Courts, to cover areas such as dealing with vulnerable groups, recently introduced pieces of legislation relating to commercial crimes and Human Trafficking and also understanding Court Procedures, Legal Concepts and their Interpretation.

Training needs are identified based on the requirements of the specific Specialised Court. Training has been provided in the area of Legal Interpreting and, Expert Evidence.

Reply:

a) The Potchefstroom Magistrate Court was constructed in 1986. The office has been attending to minor repairs of the building through day to day maintenance, with the assistance from Department of Public Works and Infrastructure (DPWI). The court building experienced roof leakages over time due to cracked and damaged roof tiles. Part of the roof over the court rooms and the cash hall collapsed due to rotten roof trusses and damaged roof tiles.

b) The court is old and should have been maintained regularly to prevent it from dilapidating. The lack of timeous maintenance is what caused the roof to leak and the trusses to rot and eventually cave in.

DPWI registered a project for repairs and renovations for the whole court facility. The contractor was appointed and site handover date was 27 February 2020, over a period of 18 months. The contract amount was R23 million. The challenge to the roof was identified on the project scope and also discussed in project meetings. The delays to the project were caused by the Covid-19 national shut down, which also affected the construction industry; labour unrests and intimidation by local business forum. Following negotiations and the involvement of the Police Special Task Force Team, the contractor is now back on site effective August 2022. Due to the fact that the court facility is occupied, the project is being executed in phases. The contractor is currently on site and working on the cordoned part of the building, where staff members were moved to other floors and other offices within the building. The contractor had not yet commenced work on the portion where the roof has collapsed, as it is in the middle of the structure, which made it difficult for the contractor to program the works to start in the middle of the building.

Reply:

a) I have been informed that court services relating to maintenance, estates, small claims, cash hall where payment processes are done, clerk of the civil courts and the courtrooms for three (3) District Courts and two (2) Regional Courts, were affected.

b) Criminal matters, Family Law matters, and Civil matters were affected as Court cases were postponed where necessary in the first two weeks thereafter alternative accommodation was arranged for court sittings and services to be further rendered to the public.

c) The impact is that litigants now have to travel to alternative accommodation to receive their services and that is mainly for the court sittings that are now temporarily sitting at the alternative accommodation.

d) A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

(i) Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.

(ii) The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.

(iii) The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.

(iv) All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.

(v) All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.

(vi) The Children’s Court matters are dealt with at the boardroom of the Head of Court.

(vii) The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.

(viii) The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.

(ix) Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.

(x) To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

e) Yes, the collapsed roof has resulted in an increase in court backlog. The NPA as well as the magistrates are prioritizing the matters on a weekly basis, in the alternative accommodation.

 

Reply:

The National Prosecutor Authority (NPA) is particularly concerned where children and women are the victims of crime and deals with such cases as matters of priority. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is looking towards and assisting these victims in the Thuthuzela Care Centres (TCC’s) of South Africa. Sixty-one (61) TCC’s have already been established throughout the country. Safe spaces for such victims are created. These centres also provide improved services such as treatment and educational assistance to these victims. Prosecutors in court are attending to these matters as priority though it is difficult to keep record of all such cases especially when the crimes, as appears from the question above, are not committed solely due to the gender or age of the victim. The NPA is manually though recording data on both femicide as well as intimate femicide cases. Regarding crimes against women the NPA can supply the data on convictions and acquittals pertaining to femicide and intimate partner femicide only.

During the financial year 2021/22 (April to August 2022) the following was recorded:

a) There was a total of three hundred and ninety-six (396) successful convictions relating to femicide counts and three hundred and sixteen (316) convictions relating to intimate partner femicide counts.

b) There were twenty-four (24) acquittals relating to femicide counts and twenty-one (21) acquittals pertaining to intimate partner femicide counts. The reasons for the acquittals were not recorded and it cannot be confirmed that it was “as a result of poor or incomplete investigations by the South African Police Service”.

c) The information regarding cases withdrawn by the victim and /or victim’s family is not recorded by the NPA and cannot be supplied.

d) The number of cases awaiting trial can also not be supplied as it is not recorded.

e) The number of cases awaiting sentencing is not available as it is not recorded.

f) The NPA is unable to supply information pertaining to cases still under investigation in each province for:

1. Murder;
2. Attempted murder;
3. Assault with the intent to inflict grievous bodily harm; and
4. Common assault as it is not recorded.

Reply:

1. Yes, the Department has received correspondence regarding maintenance of infrastructure at Potchefstroom Magistrate’s Court. On 27 February 2020, the Department of Public Works and Infrastructure (DPWI) handed over the site to the contractor in order to carry out planned maintenance to the entire building of the Magistrate’s Court but the project was disrupted due to COVID-19 lockdown regulations. However, as soon as the restrictions were lifted and the contractor came back on site, the local business forum intimidated the workers, and added to the delay. The contractor returned on site from 1 August 2022.

2. I have been informed about the collapse of the roof at the Potchefstroom Magistrate’s Court.

a) The DPWI provided a report, titled “Preliminary Investigation Report: Current Condition of the Roof Covering and Safety of the Building”, dated 21 September 2022. Thereafter, a full investigation report on the current condition of all wooden roof trusses will be provided. Once the survey is completed, the Department is expecting to receive the cost estimates of the damages from the DPWI.

b)  A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

1. Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.
2. The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.
3. The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.
4. All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.
5. All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.
6. The Children’s Court matters are dealt with at the boardroom of the Head of Court.
7. The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.
8. The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.
9. Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.
10. To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

3. On 20 September 2022, the Department issued a media statement, titled: “Potchefstroom Magistrates’ Office temporarily evacuated after roof collapse”.

Reply:

1. Yes, the Department has received correspondence regarding maintenance of infrastructure at Potchefstroom Magistrate’s Court. On 27 February 2020, the Department of Public Works and Infrastructure (DPWI) handed over the site to the contractor in order to carry out planned maintenance to the entire building of the Magistrate’s Court but the project was disrupted due to COVID-19 lockdown regulations. However, as soon as the restrictions were lifted and the contractor came back on site, the local business forum intimidated the workers, and added to the delay. The contractor returned on site from 1 August 2022.

2. I have been informed about the collapse of the roof at the Potchefstroom Magistrate’s Court.

a) The DPWI provided a report, titled “Preliminary Investigation Report: Current Condition of the Roof Covering and Safety of the Building”, dated 21 September 2022. Thereafter, a full investigation report on the current condition of all wooden roof trusses will be provided. Once the survey is completed, the Department is expecting to receive the cost estimates of the damages from the DPWI.

b) A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

1. Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.
2. The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.
3. The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.
4. All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.
5. All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.
6. The Children’s Court matters are dealt with at the boardroom of the Head of Court.
7. The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.
8. The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.
9. Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.
10. To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

3. On 20 September 2022, the Department issued a media statement, titled: “Potchefstroom Magistrates’ Office temporarily evacuated after roof collapse”.

Reply:

(a)(i) The total number of parolees that have not been found by departmental officials during routine visits are as follows:

Region	01 January 2019-31 March 2020	2020/2021 Financial year	2021/2022 Financial year	01 April 2022 to 31 August 2022
FS/NC	1 338	1 221	1 278	1 087
WC	4 1834	21 854	21 889	9 392
KZN	3 411	2 743	3 265	3 670
EC	1 301	1 029	1 320	829
LMN	1 02	405	525	72
GP	1 391	831	1 255	982
National	49 377	28 083	29 532	16 032

(a)(ii) The total number of parolees that did not turn up at departmental offices as part of their parole conditions are as follows:

Region	01 January 2019-31 March 2020	2020/2021 Financial year	2021/2022 Financial year	01 April 2022 to 31 August 2022
FS/NC	708	371	574	372
WC	4 368	1 949	2 352	864
KZN	1 077	976	1 922	1 747
EC	811	695	966	747
LMN	83	81	81	50
GP	241	158	344	299
National	7 288	4 230	6 239	3 279

(b)(i) The following are the number of parolees that have been returned to complete their sentence in correctional centres:

Region	01 January 2019 to 31 March 2020	2020/2021 Financial year	2021/2022 Financial year	01 April 2022 to 31 August 2022
FS/NC	606	453	443	259
WC	1471	636	771	389
KZN	410	151	320	236
EC	440	380	402	331
LMN	83	81	81	50
GP	666	197	296	236
National	3 676	1 898	2 313	1 501

(b)(ii) The following are the number of parolees still on the run and being sought to be returned to correctional Centres:

Region	01 January 2019 to 31 March 2020	2020/2021 Financial year	2021/2022 Financial year	01 April 2022 to 31 August 2022
FS/NC	377	259	296	161
WC	6163	6370	6449	6384
KZN	735	352	363	152
EC	1741	1710	1674	1615
LMN	1003	1001	894	797
GP	426	575	483	323
National	10 445	10 267	10 159	9 432

END

Reply:

1. The National Prosecuting Authority (NPA) has confirmed that the matter is a project driven investigation by the Directorate for Priority Crime Investigation (DPCI) Northern Cape. The Organised Crime component within the Office of the Director of Public Prosecutions, Gauteng Division, Pretoria has been guiding the investigations.
2. The investigation is at an advanced stage. An expert report is awaited. On conclusion of the investigation, the prosecutor will decide whether to institute a prosecution, and if so, on what charges.
3. There is no need to release a statement on the matter.

Reply:

There is no budget set aside for physical therapy for inmates living with disabilities specifically, costs for physical therapy for inmates are accommodated under the budget for Health Care Services for inmates. The budget for health care services for inmates is one hundred and eleven million, six hundred and twenty-nine thousand and two hundred (R111 629 200.00).

END

Reply:

a) (i) and (ii) Yes, the Department has included gender sensitivity into its policies and budget. Further, the Department has developed Gender Indicators/Analysis Tools for Finance, HR, Supply Chain Management and the generic one for other Branches that assist them in the implementation and monitoring of the gender sensitivity policies and /or programmes. These Gender Indicators are used as guiding tools by different Branches within the Department on how to include gender sensitivity into their policies and/or programmes. Furthermore, the Gender Directorate monitors the implementation of the policies and programmes of the Department.

b) (i) The application of the Maintenance Act is covered in terms of training on Marriage

and Divorce for all PVT candidates, both the PVT Schools and those in PVT contracts.

For the past four (4) years, the numbers are tabulated below:

2022 (to date)	4 010
2021	4 303
2020	4 014
2019	4 335

 

Additionally, for practitioners, this is also covered in the training of Marriage, Divorce and Child Law seminars, which is discretionary.

2022 [As at July 2022]	130
2021	272
2020	135
2019	168

(iii) Maintenance officers are fully trained and knowledgeable on the Maintenance

Act, Act 99 of 1998?

The Department do make provisioning to fund training programmes that address various sets of skills. These sets of skills encompass core competencies, scarce & critical skills and/or transversal skills.

Maintenance Officers falls within core competencies, scarce & critical skills of the Department. The table below illustrate the total number of Maintenance Officer trained per programme:

Name of the Programme	Number of Maintenance Officers	Period
a) Training on the Maintenance Act 99 of 1998	3 African Females, 3 African Males, 1 Coloured Female, and 2 Coloured Males. Total: Nine (9)	1 April to August 2022
b) Records Management	1 African Male. Total: One (1)
c) TransUnion	1 African Female, 3 African Males, and 2 Coloured Females. Total: Six (6)
d) Departmental Induction	1 African Male and 1 Coloured Female. Total: Two (2)
e) Anti-Corruption and fraud	1 African Female. Total: One (1)
f) Sexual harassment policy and procedure	1 African Male and 1 Coloured Female. Total: Two (2)	1 April to August 2022
g) Ethics in the workplace	1 African Male and 1 Coloured Female. Total: Two (2)
h) Labour Relations	1 African Male Total: One (1)
i) Grievance and disciplinary procedure	2 African Male Total: Two (2)
j) Employee Assistance Programme	3 African Females, and 4 African Males. Total: Seven (7)
k) Service Excellence	1 African Female and 1 African Male Total: Two (2)
l) Maintenance Clerks and Officers Training	6 African Females, 4 African Males, 9 Coloured Females, and 4 Coloured Males. Total: Twenty-three (23)
m) Domestic Violence Act Workshop	1 Coloured Female Total: 1 (One)
n) ICMS Domestic Violence	1 African Female Total: One (1)
o) ICMS Maintenance	1 African Female Total: One (1)
p) Crafting of Performance Agreement	1 African Male Total: One (1)
GRAND TOTAL	Sixty One (61)

On annual basis, the Department develops the Workplace Skills Plan (WSP), and the training for Departmental officials are implemented and/or coordinated throughout the specified financial year in line with the WSP. Furthermore, the annual training report is compiled to verify the implemented training against the WSP.

Reply:

1. I have been informed that the National Prosecuting Authority (NPA) has not yet concluded its re-assessment of the Truth and Reconciliation Commission (TRC) cases. It is not possible to stipulate a specific date as it is an ongoing process. However, efforts are made to ensure that the matters are referred as speedily as possible.

2. The hundred and twenty-nine (129) investigations referred to the Directorate for Priority Crime Investigations (DPCI) are as follows:

a) Prior to September 2021, a total of 59 TRC cases were under investigation by DPCI. These were overseen by Priority Crimes Litigation Unit (PCLU) until the matters were migrated to the respective provinces in April 2019.

b) A further 55 cases were identified for re-opening by the PCLU. These pertain to the deaths in detention, where detainees who were detained for contravention of security legislation or died under circumstances which necessitated further investigation. Some investigations also pertain to deaths where the deceased died in alleged confrontations with the police.

Division	Number of Matters under Investigation
1. Western Cape	9
2. Free State	2
3. Mthatha	10
4. Eastern Cape	13
5. North West	5
6. Kwazulu-Natal	29
7. Mpumalanga	4
8. Northern Cape	3
9. Johannesburg	25
10. Pretoria	11
11. Limpopo	10

We are in possession of a list of matters under investigation. However, it must be emphasized that this information is confidential, and the risk in the release of this information is that it might compromise further investigations. This creates challenges for investigators and prosecutors alike, once suspects/witnesses/persons of interest are made aware of matters under investigation.

On 20 June 2022, the National Director of Public Prosecutions directed, through an internal memorandum which was circulated to all the divisions, that in all TRC matters that are under investigation, dedicated prosecutors must ensure that contact with the families is made. It was also emphasised that families must be updated regularly on the progress made in their matters. It was also directed that a name list of all families together with their contact numbers be obtained. This name list was also forwarded to the office of the Deputy National Director of Public Prosecutions. Prosecutors were encouraged to engage actively with families to ensure that a more victim-centred approach is followed.

END

Reply:

The National Prosecuting Authority is not conducting criminal investigations on the allegations of theft of an estimated $4 million at the Phala Phala game farm. Such investigations are conducted by the Directorate for Priority Crime Investigations (DPCI).

The Office of the relevant Director of Public Prosecutions will commence assessing the evidence once the case docket is formally handed over by the DPCI.

Reply:

1. The Department has a budget for training.

a) The following topics are covered on the beginners course for Maintenance Investigators and Officers:

1. Maintenance Act No. 99 of 1998;
2. Maintenance Regulations;
3. Prescribed Forms;
4. Discussion of other applicable legislation and case law;
5. Formal and informal enquiries Conflict; and
6. Listening and Communication Skills.

The following topics are covered on the advanced course for Maintenance Investigators and Officers:

1. Maintenance Act No. 99 of 1998;
2. Social Context;
3. Investigation of Maintenance Complaints;
4. Receiving and Evaluating Evidence;
5. Jurisdiction;
6. Regulations and Forms;
7. Mediation; and
8. Listening and Communication Skills.

b) The training interventions are conducted on a quarterly basis.

2. (i) The budget is influence by the Training Need Analysis’ input from the Workplace

Skills Plan (WSP) from Human Resource Development (HRD).

(ii) The base-line budget allocation to Justice College for training on all the courses offered by the Justice College. The College distributes the budget allocated per Directorate based on the WSP/Training Need Analysis from HRD. Regional/Provincial Offices indicate their training needs on a particular course, after the publication of the prospectus, on the courses offered in that particular financial year. Regional/Provincial Offices also indicate additional training needs during the year especially with newly appointed officials that need training interventions post the completion of the WSP by HRD.

(iii) Data collection is through an Attendance Register, and the Annual Training Report by HRD that indicates how many delegates were trained per training intervention.

Reply:

1. The only courts that have jurisdiction to hear rape cases are the Regional and High courts. The following number of verdict cases related to rape were heard in the Regional courts, and were extracted from the Electronic Case Management System in the Lower courts:

YEAR	VERDICTS
2018/19	4 215
2019/20	3 984
2020/21	617
2021/22	2 789

2. The following table reflects the number of cases finalised in the past five (5) years, both with convictions as well as acquittals in the Regional courts:

YEAR	CONVICTIONS	ACQUITTALS	CONVICTION RATE
2018/19	2 820	1 395	67%
2019/20	2 684	1 300	67%
2020/21	435	182	71%
2021/22	1 821	968	65%

Although no electronic system for the recording of court cases have been introduced for the High courts, the general conviction rates of the High courts, which include the charges of rape, is reflected in the table below:

YEAR	CONVICTIONS	ACQUITTALS	CONVICTION RATE
2018/19	868	97	90%
2019/20	782	78	91%
2020/21	542	36	94%
2021/22	647	65	91%

3. (a) The reasons for acquittals are not recorded in each case. The prosecution will

present its case and lead evidence regarding the charges as contained in the police docket. The evidence of witnesses will then be tested during cross-examination in court by the defence. The presiding officer, after also hearing the evidence by the accused and/or defence when they have witnesses, will then make a judgement in the case. The burden of proof is beyond a reasonable doubt in criminal cases. It is important to note in this regard that the judgement of the court is based on all the evidence in court, considering as well circumstantial evidence, evidentiary rules and reliability of the evidence. There is seldom only one reason for either any acquittal or conviction as the court needs to weigh all the evidence before a conclusion may be reached. Some of the more common reasons that are included where convictions are not achieved include:

1. Consent – it is often difficult to disprove consent where the rape has not resulted in any injuries or where circumstances may not support an inference to be drawn from the facts of the case;
2. Identity – where the accused was not previously known to the victim, the identity may often be difficult to prove, especially in the absence of DNA or other evidence to support the identification of the accused. Unlike theft where articles may be found in possession of an accused to link them to an offence, there is seldom physical evidence to link the accused and the court has to e satisfied that the way identification took place, the method and circumstances in which the identification was made and reasons for identification are reliable and is trustworthy.
3. Witness(es) in some cases either detract from their statements, deviate from consultation, or make concessions during cross-examination.
4. Credibility findings are very important as in most instances with rape charges, the victim is the only witness that can testify on behalf of the State regarding the elements of the crime to be proved which include the identity, absence of consent, the place, and circumstances in which the crime was performed and the first reporting of the incident.
5. Less common reasons include key witnesses not being available for testimony, contradictions in evidence by State witnesses and alibi evidence of accused that cannot be disproved.
6. The complainant changes his or her version exonerating the accused.
7. Forensic evidence exonerates the accused.
8. Other evidence exonerates the accused.
9. Complainant not in a fit mental state due to the trauma she/he endured.

b) The numbers of acquittals have been reflected above. However, as indicated in paragraph 3 (a) above, it is not possible to record each reason in isolation, it is important to note that even where the court may not be satisfied that the evidence is insufficient to prove the commission of an offence of rape, the court may still convict and often does, convict the accused on a competent verdict such as indecent assault, assault to do grievous bodily harm or assault common.

4. The State is aware of the difficulties in proving cases of rape, as well as similar sexual offence charges, including general Gender Based Violence and Femicide (GBVF) related offences. The National Prosecuting Authority as well as the Department of Justice and Constitutional Development, in cooperation with other Government departments are doing a lot of work in this regard. One of the most important initiatives in this regard is the establishment of the various Thuthuzela Care Centres (TCCs) in the country where victims are being assisted, evidential support is provided including counselling for victims and matters can be reported. The prosecution is also assisting victims at court by means of Court Preparation Officers to prepare witnesses for court and facilitate victim impact statements in sexual offences matters.

It is also important to note that rape is one of the most difficult offences to prove beyond reasonable doubt, the crime has been committed by the specific accused. The conviction rate in general sexual offences, all crimes in terms of the Sexual Offences Act, Act No. 32 of 2007, is remarkably higher as indicated in the table below:

YEAR	CONVICTIONS	CONVICTION RATE
2018/19	4 724	74.4%
2019/20	4 098	75.2%
2020/21	2 539	75.8%
2021/22	3 402	74.2%

Reply:

The tables below provide details of number of buildings housing the Magistrates Courts, High Courts, Supreme Court of Appeal and Constitutional Court that have internet, air-conditioning and access for disabled persons, and that are functional.

		Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts		460	456	455	434	433	398	394
High Courts		14	14	14	14	13	14	14
Supreme Court of Appeal		1	1	1	1	0	1	1
Constitutional Court		1	1	1	1	1	1	1

Province: Eastern Cape

	Number of buildings	Internet (Number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection)	Air conditioning (Number of buildings with HVAC system)	Functional HVAC (Number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (Number of buildings with functional facilities for the disabled)
Magistrate Courts	90	90	90	68	68	76	76
High Courts	4	4	4	4	4	4	4
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: Free State

Districts	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate Courts	67	67	67	67	67	67	67
High Courts	1	1	1	1	0	1	1
Supreme Court of Appeal	1	1	1	1	0	1	1
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: Gauteng

	Number of Buildings	Internet (Number of buildings with internet connection)	Functional internet (Number of buildings with functional internet connection)	Air-Conditioning (Number of court buildings with HVAC system)	Air-Conditioning (Number of court buildings with functional HVAC system)	Access for disabled people (Number of buildings with access for the disabled)	Functional disabled facilities (Number of buildings with functional facilities for the disabled)
Magistrate Courts	55	55	55	55	55	55	55
High Courts	2	2	2	2	2	2	2
Supreme Courts of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Courts	1	1	1	1	1	1	1

Province: Kwa-Zulu Natal

	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air-conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts	76	76	76	76	76	39	39
High Courts	02	02	02	02	02	02	02
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: Limpopo

	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts	54	50	49	50	50	51	47
High Courts	1	1	1	1	1	1	1
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: Mpumalanga

	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts	46	46	46	46	46	46	46
High Courts	2	2	2	2	2	2	2
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: North West

	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts	34	34	34	34	34	26	26
High Courts	0	0	0	0	0	0	0
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: Northern Cape

	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts	38	38	38	38	37	38 .	38
High Courts	1	1	1	1	1	1	1
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

Province: Western Cape

	Number of buildings	Internet (number of buildings with internet connection)	Functional Internet (number of buildings with functional internet connection	Air conditioning (number of buildings with HVAC system)	Functional HVAC (number of buildings with functional HVAC system)	Access for disabled people (number of buildings with access for the disabled)	Functional disabled facilities (number of buildings with functional facilities for the disabled)
Magistrate courts	72	72	72	72	72	62	62
High Courts	1	1	1	1	1	1	1
Supreme Court of Appeal	N/A	N/A	N/A	N/A	N/A	N/A	N/A
Constitutional Court	N/A	N/A	N/A	N/A	N/A	N/A	N/A

END

Reply:

The department is currently implementing the Strategic Framework on Self-sufficiency and sustainability (launched 01 April 2021), with the aim to increase the generation of food and other products. This is derived from the Correctional Services Act Section 3(2)(b) of the Correctional Services Act, Act No. 111 of 1998 as amended: “the department must as far as practicable be self-sufficient and operate according to business principles”.

DCS embarked on a process to incrementally increase self-produce food stuff and provide furniture and other products for own use and as ordered by other government departments. However, we have not been able to provide 100% in all of the needs of the inmates. The following progress has been recorded since the launch of the Strategic Framework on Self-sufficiency and sustainability:

• Vegetables from DCS farms, we recorded an 89% self-sufficiency;
• Fruit 78;
• Red meat and pork in access of 90%; &
• 100% self-sufficient in provisioning of eggs for inmate meals (ration)

This is an ongoing process of DCS investing in machinery and equipment in order to increase the level of sufficiency with the aim to eventually provide for the majority of food and other products to be used and or consumed by inmates.

Research is being conducted regarding the possibility and capacity to in source completely, which will then guide the possibility to provide outside of DCS.

END

Reply:

Any abuse of inmates is against the departmental code of conduct.

a) Department of Correctional Services has the following reported incidents of abuse on inmates by the officials reported over a period of five (05) years:

Period	Type of complaint	Alleged number of officials
2017/18	None	None
2018/19	None	None
2019/20	None	None
2020/21	None	None
2021/22	02: sexual abuse	02
	01: psychological abuse

b) In line with the departmental code of conduct, disciplinary processes were undertaken with the following outcomes:

Period	Type of complaint	Outcome of disciplinary process
2017/18	None	None
2018/19	None	None
2019/20	None	None
2020/21	None	None
2021/22	02: sexual abuse	01 official was not found guilty. 01 official was dismissed.
	01: psychological abuse	02 officials were given written warnings

END

Reply:

The department is currently undertaking the below listed projects to address inmate accommodation

PROJECT	COMMENTS
The repair and upgrade of the Integrated Security System at Emthonjeni Youth Facility to restore 288 bed spaces	Progress is at 85% and completion is estimated for March 2023
The upgrading of Parys Correctional Facility to provide an approximate of 250 beds	Construction is at 55%, completion is estimated for 03 April 2023.
The upgrading of the Burgersdorp Correctional Facility to a new generation Facility to provide an approximate of 500 beds	Site was handed over to contractor in April 2022, construction is in the initial stage with an estimated completion of June 2026
The upgrade of the Litchenburg Correctional Facility to provide an approximate of 500 bed spaces	Design is at advanced stage, department in discussions with Local Municipality on supply of bulk services.
Construction of Richards Bay Correctional Facility with an approximate 1000 bed spaces	Consultants have been appointed by Department of Public works and Infrastructure and are busy with planning on all three projects.
Construction of Kirkwood Correctional Facility with an approximate 500 bed spaces
Construction of a new facility at Leeuwkop with an approximate 1500 bed spaces

END

Reply:

The Department of Correctional Services did not submit a policy review document and/or any other policy document to external structures or structures of any political affiliation during the past five (5) years.

a) Not applicable.

b) Not applicable.

END

Reply:

(1)(a) number of times has his department been sued for crimes committed by repeat offender parolees in the past five years	(1)(b) amount in Rand has his department paid in the specified cases;
13	NIL

2. The Department of Correctional Services (DCS) utilises various communication methods, including key messages, video-clips, publications, pamphlets, website, social media, community outreach, media engagement, marketing and advertising, events and other opportunities, to support efforts to make citizens aware of their rights.

It is evident that communication effort and consistency have over the years yielded positive outcomes in raising public awareness on DCS main functions. These are attributed to the continued educational programmes that DCS has constantly embarked on over the years to highlight its main functions to South African citizens through various media platforms i.e TV and radio.

Though the awareness of the functions of DCS to rehabilitate and re-integrate offenders into society started on a low base, continuous and purposive communication succeeded in increasing the level of awareness in these areas.

Informed by research, programmes such as Yobe, CorreXions and community outreach programmes were put together and seem to have contributed in showing increased awareness of the role of DCS over time.

Changing public opinion or views takes time. This is clearly seen from the trended data on DCS indicators that have been tracked over time.

Case Management Committees (CMC compile Correctional Sentence Plans (CSP) for all offenders serving sentences of longer than 24 months. The CSP spells out the interventions proposed to address the needs and risks of an offender that were identified during an assessment of the offender. These interventions are implemented and monitored over the duration of the sentence and inform the basis for the Correctional Supervision and Parole Boards (CSPBs) granting or declining Parole for any given offender. It must be noted that CSPB’s are not responsible for monitoring Parolees serving their sentences outside the bounds of a correctional facility as this is a function carried out by Community Corrections in the Department.

The day to day monitoring of Parolees by Community Corrections is conducted by allocation of resources for physical monitoring, office consultation, telephone monitoring where applicable, community service and programme attendance. The nature and frequency of monitoring an offender is based on their specific profile. Any violators of Parole conditions are sanctioned and where the gravity necessitates they are returned to continue serving their sentences in a Correctional Facility.

END

Reply:

1. I wish to acknowledge the challenges that the Department has in ensuring that the Court Recording Technology (CRT) and Sexual Offences Courts’ Systems (SOS), are fully maintained and functional. The Director-General and his Team are working very hard to restore functionality, ensure that relevant technology is available in courts, and ensure that courts are functional. Meetings with relevant Departmental officials, in the National and Provincial Offices, and the current service provider (Datacentrix), are held on a weekly basis to strategically discuss challenges and progress on the project.

a) As at 1 June 2022, there were 1 566 functional CRT machines (77%) and 548 non-functional machines (23%). As of 10 September 2022, 1 794 machines were fully functional (88%) as compared to 230 (12%) that are non-functioning.

b) The number of SOS, that were functioning on 1 June 2022, were 270 (67,8%), and 128 (32,2%), were non-functioning. As of 10 September 2022, 319 (80,2%) SOS were fully functioning, and 79 (19,8%) were not functioning.

Between July 2022 and August 2022, 50 SOS court rooms were upgraded from old to new technology (SOS), and in those courts, the systems are stable. 110 SOS court rooms have been identified for the next phase of the upgrade. The Project is anticipated to be completed by 31 December 2022, where-after all problematic SOS court rooms will be fixed.

The Alternative SOS Solution, that has been considered and is being used by some Provincial Offices, is an attempt to temporarily substitute the normal SOS in the Courtrooms by utilizing the below IT equipment:

• Video-Conferencing Capable Laptops – These devices are meant to connect the Intermediary room and the court room together utilizing two (2) laptops that have built-in camera, microphone and a wireless adapter to ensure that child victims can be both seen and heard during testimony by court participants, and most importantly recorded during the session.
• The other supporting equipment used are lapel microphones (clip-on microphone) for the child victim and headphones with a mouthpiece for the intermediary officer – these ensure sound is carried from both the intermediary officer and child victim into the court.
• The other supporting equipment used in the solution, is the conferencing speakerphones (conference microphone) – This is used to pass/communicate testimonies into the working CRT or alternatively used to record sound from the intermediary and other present court participants into an actively recording laptop via the built-in voice recorder app.
• The platform that is being used to connect the two rooms together is, MS Teams (other Video-conferencing platforms can be used but since this solution is being paid for in-house, that is why Kwa-Zulu Natal chose to use it).
• In closing, other video-conferencing solutions are currently being explored and tested and the above is subject to change, if other cheaper/ cost effective means are found to be stable and efficient.

2. I wish to inform you that the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), does not specifically provide for the appointment of specialist interpreters. However, I wish to inform you as follows:

a) There are no posts created for Special Court Interpreter for the Sexual Offences Courts. Currently, the placement of interpreters in Sexual Offences Courts and matters involving children, people with disabilities and other vulnerable witnesses are mainly based on experience, character and demeanor of the Interpreter.

b) The Department, working closely with the Judiciary and Prosecutors, will design a programme that will be offered to Sexual Offences Courts’ Interpreters. This programme will focus on issues such as child development, needs of people with disabilities and complexities relating to sexual offences.

Reply:

a) There are three (03) officials serving sentences for smuggling contraband into prison cells as follows:

• 02: Limpopo, Mpumalanga & North West (LMN) Region
• 01: Eastern Cape Region (EC)

b) A total of 19 officials are facing criminal charges in the following regions.

• 11 cases from KwaZulu-Natal Region
• 03 cases from EC Region
• 02 cases from LMN Region
• 03 cases from Gauteng Region

c) The total number of officials facing internal departmental probes on smuggling contraband without formal criminal charges for the past two financial years including the current financial year as follows:

Financial Year	Total Number
2020/2021	34
2021/2022	104
2022/2023 (April-August 2022)	56

END

Reply:

All Protection services at correctional centres under the management of the Department of Correctional Services (DCS) are insourced not outsourced. The Department has further diversified the Infrastructure Procurement Strategy by appointing additional Implementing Agents to fast-track infrastructure projects, inclusive of maintaining fences and Integrated Security Systems (ISS) in order to be less reliant on DPWI.

During the 2021/2022 financial year the Department implemented contracts to maintain Integrated Security Systems (ISS) at prioritised correctional centres. These contracts included the maintenance of existing security fences which are equipped with detection systems.

In addition, under 2022/23 financial year, the Department has finalised the planning and design for the implementation of 36 month maintenance contracts on ISS. The tender was advertised during June 2022, and will be implemented by the Independent Development Trust (IDT). The proposed contracts will include the maintenance of security fences, access control systems, detection systems, monitoring systems and lighting systems. A 09 Kilometre perimeter fencing project at Mthatha Management Area, inclusive of a patrol road, is currently under construction, which is implemented by the Development Bank of Southern Africa (DBSA).

Furthermore, on a frequent basis the Department conducts maintenance of fences under the auspices of the day-to-day maintenance allocation and in terms of the Capital allocation.

END.

Reply:

a) The Department of Justice and Constitutional Development spent R537 million on external consultants between 01 May 2019 and 31 May 2022, as depicted on the table below:

DEPARTMENTAL SPENDING ON CONSULTANTS FOR THE PERIOD 01 MAY 2019 – 31 MAY 2022
Description	Periods	Total
	01 May 2019 - 31 March 2020	2020/2021 Financial Year	2021/2022 Financial Year	01 April 2022 - 30 May 2022
Department	R29 241 527.43	R30 552 650.95	R46 646 953.27	R4 968 853.16	R111 409 984.81
State Capture Commission	R222 144 229.73	R100 013 032.00	R103 414 189.44	R142 294.00	R425 713 745.17
Total	R251 385 757.16	R130 565 682.95	R150 061 142.71	R5 111 147.16	R537 123 729.98

Reply:

(1)(a) The Department has implemented the following remedial measures to strengthen the parole system:

• Ongoing training is provided to the Case Management Committees (CMCs) and Correctional Supervision and Parole Boards (CSPBs) as they are responsible for case management and consideration process. The training focuses on parole policy procedures, decision making tools and calculation of release dates amongst others.
• The CMC compile Correctional Sentence Plan (CSP) for all offenders serving sentences of longer than 24 months. The CSP spell out the interventions proposed to address the needs and risks of an offender that were identified during an assessment of the offender.
• Quality assurance teams were established at the Management/ Regional and Head Office (Directorate Pre-Release Resettlement) to assist with the improvement of the quality of profiles submitted to CSPB, National Council for Correctional Services (NCCS) and the Minister of Justice and Correctional Services for consideration for possible placement on parole.

(1)(b) Monitoring and supervision of Probationers, Parolees and Awaiting Trial Persons (ATP) is a human capital-intensive activity. The day to day monitoring is enhanced through allocation of resources for physical monitoring, office consultation, telephone monitoring where applicable, community service and programme attendance. In 2021/2022 a total of five hundred and eighteen (518) vehicles were allocated to community corrections offices within the regions to ensure successful monitoring in all areas.

The monitoring category for every offender under the system of Community Corrections is determined by the predicted risk of offenders from High (minimum 8 contacts), Medium (minimum 4 contacts) and Low Risk (minimum 2 contacts). Parolees attend sitting either every six months/ frequently depending on their length of their sentence to review their status, behaviour, reclassify or referred for intervention.

The establishment of 219 offices, 57 satellite offices and Service Points for easy access of services contributes positively to the compliance with conditions, ensure visibility and strengthening of the monitoring system.

(2) Yes, an integrated approach at District level and national department enables continuous consultations with traditional leaders, counsellors and relevant department to ensure that they assist the department during reintegration process to accelerate and augment monitoring. Partnerships were formalised with Traditional Councils at each Community Corrections Office, and Traditional Councils offices are used as community service centres, where parolees and probationers render services as part of their conditions of parole. Community establishments such as schools, churches, police stations, and other public spaces are used as service points to enhance the monitoring systems

The Department of Correctional Services has the community reintegration programme in place for networking and social profiling of communities and identification of stakeholders who can assist in the monitoring and supervision of parolees and probationers.

END

Reply:

1. Additional reasons for the withdrawal of cases infra:

a) Mandla Mahlangu

It was alleged that the suspect posted a video inciting violence. However, the person who took the video could not be traced. The matter was accordingly withdrawn by the Director of Public Prosecutions: Mpumalanga Division.

b) Sibusiso Mavuso

It was alleged that the suspect went to Westonaria Pick ‘n Pay and demanded that the manager close the store. He was not wearing a mask, contrary to the Disaster Management Act. It was further alleged that he posted a message on Facebook that allegedly incited violence.

The Director of Public Prosecutions: Gauteng Local Division cited the following reasons:

• The conduct at Pick ‘n Pay did not comply with the definition of the crime of intimidation. There was however a failure to wear a mask. The witnesses were consulted and contradicted each other materially on the failure to wear a mask.
• The Facebook post does not amount to any criminal offence at all. It is open to different interpretations and as such there is insufficient evidence with no reasonable prospects of success.

c) Mbonani Clarance Tabane

It was alleged that the suspect called for the blockading of roads and burning of tyres. The Director of Public Prosecutions: Gauteng Local Division reported that:

• The young witnesses and the informant refused to submit statements.
• No witness heard the accused instigate anyone.
• The matter did not relate to the July unrest but a service delivery protest.
• The matter was then withdrawn due to insufficient evidence.

d) Joe Bernington Mabaso

Allegedly charged for incitement based on information received from a whistle-blower. The Director of Public Prosecutions: Gauteng Local Division provisionally withdrew the matter pending a statement from the whistle-blower.

Investigations is still underway and guided by the NPA.

e) Montsamai Phineas Letsoalo

It was alleged that the suspect allegedly instigated looting. The matter was provisionally withdrawn by the Director of Public Prosecutions: Free State pending outstanding digital forensic investigations by the DPCI. The case docket has not yet been resubmitted to the prosecution for a decision.

2. In the Sibusiso Mavuso matter (as mentioned in 1(b) above), the detectives recently advised that the video footage of the suspect at Pick ‘n Pay had gone missing. They have been instructed to continue their search thereof.

3. There is no indication that any of the matters were withdrawn due to negligence on the part of the South African Police Service in the (a) handling of evidence and/or (b) the chain of command being broken.

END

Reply:

a) Since the advent of democracy the services of Master had to cover all South African citizens, but that happened only some eight years later with the Constitutional Court’s decision in the Bhe-matter, declaring Reg. 200 of the Black Administration Act unconstitutional and ordering that the Master should now deal with all deceased estates in the country.

The Master’s Office received a huge influx of work since then, but the office is properly capacitated. This is where the Masters’ struggle against backlogs started. Years of being understaffed, ever increasing workload, COVID, system and network challenges, to name but a few, as well as lack of sufficient budget, undermine efforts of the Masters offices to function optimally.

In spite of all of this, the clearing of the backlog is included in indicator 5.9 of the approved Annual Performance Plan 2022/23 for the Master’s Branch, as one of the turnaround strategies to be implemented.

During Quarter 1, the offices determined their backlog and created the baseline lists of matters outstanding. During Quarters 2 and 3, the offices will attend to these matters, by also making use of overtime, in order to reach the Masters indicated target of 100% of the determined backlog cleared by 31 December 2022.

It should however be noted that this target can only be achieved in an enabling and stable work environment and can thus be negatively impacted by the following risk factors:

(i) Stability and availability of the electricity supply to offices (loadshedding is delaying finalisation of matters even during scheduled overtime periods);

(ii) The Department stabilizing and improving the IT systems to enable officials to work seamlessly and without downtime and system errors (e.g. for more than a month now, the Department has been experiencing network and hardware related problems, in which is affecting performance and connectivity to the applications used by the Masters – to date this has not been resolved);

(iii) Stability in the availability of the workforce, mindful of the fact that the wage negotiations have not been finalized and Labour Unions may still call on officials to down tools;

(iv) Finding the critical posts once a scientific determination of appropriate capacity for Masters. Some offices are critically understaffed and do not have the luxury of having time on hand to attend to extra work, whilst also adequately assisting the public, queues and correspondence on a daily basis;

(v) Successful and speedy procurement of new printers as well as multi-functional scanners to ensure better operations.

b) The Eastern Cape has four (4) Master’s Offices, namely Mthatha, Grahamstown, Bisho and Gqeberha.

Furthermore, the Paperless Estates Administration System (PEAS), which computerises the administration process related to deceased estates, has successfully been rolled out and is being used by 290 service points (Magistrate Courts) country wide, of which 27 (including Mt Ayliff) falls within the Mthatha Master’s Office jurisdiction, 11 in Grahamstown’s jurisdiction and 8 in Port Elizabeth’s jurisdiction, (please indicate number of Service Points for Bisho as well).

All Magistrate’s Offices are Service Points of the Master, but the rolling out PEAS to Service Points enables those Service Points to do estate of a higher value, as they are linked with the relevant Masters’ offices, who then are able to oversee the appointment process in those Service Points, and thus ensuring that the whole country receives the same service and are able to access the same quality of services provided directly at Master’s Offices, without the need to travel long distances to the 15 Master’s Offices countrywide. This is to bring services to the people and underscore the drive for access to justice.

The following estates may be reported at Service Points (Magistrate Courts):

- If the value of the assets is, or appears to be, below R125 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death;

- If the value of the assets is, or appears to be, below R250 000, and the deceased did not leave a will, it can be reported at any Magistrate’s Court in the region where the deceased resided prior to death, where the Paperless Estates Administration System (PEAS) has been rolled out.

All other estates need to be reported at the Master though, but it should be noted

that the reported documents can also be posted or couriered to the Master – the

family need not be physically present at a Masters to report an estate.

Future plan involves the online systems which will cause people with requisite knowledge to report estate from their knowledge to report estate from their homes or offices. Reducing footprint of walk-ins in the Masters offices.

END

Reply:

The guidelines set by the Truth and Reconciliation Commission (TRC) on page 86 of volume 1 of the TRC of South Africa Report states the following:

a) The TRC Report stated that it adopted a closed-list approach in order not to impose a huge burden on government in that “there would be no value in simply handing the government a list which included a broad category of unidentified persons for consideration as victims deserving of reparations”.

b) The TRC Report further stated that the “Commission had made considerable efforts to reach all parts of the country and to disseminate information on how to make a statement. Those who had chosen not to do so should not, therefore, be included”.

c) The TRC did recognise that “some had elected not to make statements as a matter of political choice”.

d) nThe TRC indicated that “it would have been unrealistic to give the government what would in effect, have been an open-ended list and, on this basis, to expect the state to make a commitment to paying reparations”

The TRC resolved to confine the number of victims eligible for reparations to three (3) areas:

a) Victims who personally made statements to the Commission.

b) Victims named in a statement made by a relative or other interested person for example a colleague, friend or neighbour. These are statements made on behalf of and in the interests of specific persons.

c) Victims identified through the amnesty process.

What is the position in this regard to a large number of South Africans who were excluded from the TRC restitution and who still suffer from the effects of Apartheid?

In terms of current legislation, the President’s Fund effectively makes reparation payments only to victims who made statements to the TRC before 15 December 1997, and who are declared as TRC identified victims of gross human rights violations.

What amount of the President’s Fund has been used in providing economic restitution to the victims who were excluded?

There is no amount from the President’s Fund that has been used to provide reparations to victims who did not make statements to the TRC before 15 December 1997, and who are not declared TRC identified victims of gross human rights violations.

Reply:

The Insolvency Act, 1936 (Act No. 24 of 1936) (“the Act”) is part of apartheid era legislation which the Department is currently reviewing with the aim of aligning the legislation with the Constitution of the Republic of South Africa, 1996 , and modernising the legislation.

One of the objectives of the draft Bill is to create a legislative framework that is based on the balancing of the conflicting interests of the stakeholders in insolvency proceedings, as opposed to the current legal framework that places emphasis on the best interest of the creditors.

The Department is currently processing a draft Insolvency Bill (the draft Bill”). The issue raised is provided for in section 9(1) of the Act. According to this section a creditor who has a liquidated claim for not less than fifty pounds against a debtor who has committed an act of insolvency, or who is insolvent, may petition the court for the sequestration of the estate of that debtor. Clause 2 of the draft Bill deals with this aspect of the question.

With the assistance of the Reserve Bank, the value of the 50 pounds was calculated at around R22 500 (and 100 pounds is estimated at R45 000) during the last quarter of 2019 (when the clause was crafted).

With regard to the second part of the question, clause 116 of the draft Bill intends to introduce pre-liquidation composition, which allows a debtor with debts not exceeding R300 000, irrespective of their source, to offer a composition to creditors, before the commencement of liquidation proceedings.

Rule 46A of the Uniform Rules of Court requires that judicial discretion be exercised before the primary residence of a judgement debtor is attached with a view to selling it in execution. Rule 46A is not applicable to a debtor whose estate is in sequestration. The Department will, as the Bill is processed further, review the current status, that is, the absence of judicial oversight with regards to the execution of the residential property of a debtor who is in sequestration the light of the provisions of section 26 of the Constitution, which provides for the right to access adequate housing.

Whilst the draft Bill is being processed there are measures in legislation available to persons who are over indebted. Section 74 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) provides for an administration order procedure, which has been described as a modified form of insolvency proceedings. The National Credit Act, 2005 (Act No. 34 of 2005) has introduced debt review as an alternative to sequestration. The Act makes provision for post liquidation composition, and if the offer of composition has been accepted by creditors the insolvent may apply for rehabilitation, which has the effect of putting an end to sequestration proceedings.

END

Reply:

1. Yes. The department does have a Unit that is responsible for the function of drafting legislation as part of the overall responsibilities within the Chief Directorate: Legal Services.

(1)(a)   The current staff complement constitutes of two posts of Director: Litigation and   Senior Legal Administration Officer (MR6).

(1)(b)   Qualifications of each member is as follows respectively:

• Director: Litigation - B. Proc (Law) and National Senior Certificate;
• Senior Legal Administration Officer: B- Tech Correctional Services Management, Bachelor of Law and National Senior Certificate.

2. The Department is in the process of capacitating the Unit responsible for the drafting/review of the departmental legislation through creation of a contract post(s) within the scope of Occupation Specific Dispensation for Legal Officers as applied in the Public Service.

It should also be noted that the Director Litigation reports directly to the member Senior Manager Service (Deputy Commissioner on salary level 14) responsible for the entire function of legal service in the Department.

The post establishment of the Chief Directorate Legal Services is a total of 24 posts, of this number 14 are filled and 10 are vacant.

Reply:

1. Mr Orifile Oratile Sedika

It was alleged that the suspect published social media posts calling for attacks on malls including the Waterfront Mall in Bloemfontein. The matter was struck from the roll due to the delays in finalising the investigations. It is reported that the investigation is now complete, and the matter is with the office of the Director of Public Prosecutions: Free Sate Division for a decision once again.

2. There is no reported evidence that the negligence of the South African Police Service in any form and/ or part caused the delay in the investigation.

3. Zamaswazi Zinhile Majozi

It was alleged that the suspect used her Twitter account to call for looting and public unrest. The Director of Public Prosecutions: Gauteng Local Division withdrew the matter and advised that although the suspect was opinionated, she had refrained from endorsing her followers’ violent actions. There was insufficient evidence to give the court an insight into the suspects state of mind.

4. There was no reported evidence that evidence was destroyed, lost and / or tampered with and / or that the chain of command was broken which contributed to the decision not to prosecute in the Majozi matter.

5. There is no reported evidence that the decision not to prosecute was due to the negligence and /or delay of the South African Police Service in any form.

Reply:

1. The Protected Disclosures Act, 2000 (Act No. 26 of 2000), as amended with effect from 2 August 2017, does not provide for offence-specific disclosures. The term “disclosure” is defined as any disclosure of information regarding any conduct of an employer or of an employee or of a worker of that employer, made by any employee or worker who has reason to believe that the information concerned shows or tends to show one or more of, amongst others, the following:

a) That a criminal offence has been committed, is being committed or is likely to be committed;

b) That a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject; and

c) That a miscarriage of justice has occurred, is occurring or is likely to occur.

The Act governs disclosures in all employer/employee relationships. The Act was amended in 2017 to extend the ambit of the Act beyond the ordinary employee/employer relationship by the introduction of two (2) new definitions, namely: that of “worker” and “temporary employment service”.

The amendment of the definition of “employee” was intended to clarify that persons who have worked for another person (for example: former employees) or assisted in carrying on the business of an employer are also included within the meaning of the definition.

The ambit of the Act was also extended to include persons who are employed by temporary employment services. The introduction of the definition of “worker” was based on two (2) reasons. Firstly, independent contractors are not considered as employees in terms of labour legislation and are expressly excluded from the reach of the remedies contained in the labour legislation. Secondly, by defining the term “worker” separately the protection offered by the Act has now been extended to independent contractors, agents and consultants.

The Protected Disclosures Amendment Act, 2017 (Act No. 5 of 2017), also amended the definition of “occupational detriment” to introduce two (2) additional forms of occupational detriment that an employee may be subjected to as a result of having made a protected disclosure, namely:

(i) reprisals such as defamation suits and suits based on the alleged breach of a confidentiality agreement or duty; and

(ii) to include a specific form of detriment typically experienced by contract workers, namely: the loss of a contract or the failure to be awarded a contract.

These amendments, among others, sought to provide protection to whistleblowers in any type of disclosure, not only procurement related, and intends to include the broadest possible protection when disclosures are made by not limiting it to specific actions. There is therefore no need to amend the Act to include procurement related matters as these matters may be disclosed in the context provided in the Act.

2. Research and a benchmarking exercise is being conducted by the Department into the current legal framework relating to witness protection. Proposals to include all whistleblowers within the ambit of the Witness Protection Act, 1998 (Act No. 112 of 2018), and not just witnesses, are being considered. There is currently an entity established in terms of this Act known as the Office for Witness Protection. We are considering the cost implications and an appropriate funding model for the expansion of the current framework.

END

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:

a) The Department of Justice and Constitutional Development already has a functional integrated electronic repository for domestic violence protection orders. During 2018/19 financial year, an Integrated Case Management System for Domestic Violence (ICMS: DV) was introduced in all district courts to capture applications for protection orders. This system monitors the flow of these applications in the court system. It further provides for disaggregated sets of data metrics to analyse trends per court, whilst giving a quantitative performance of each province.

In 2021/22 financial year, the Department commenced with the alignment of the ICMS: DV Module to the Domestic Violence Amendment Act, 2021 (Act No. 14 of 2021) and the Draft National Directives for the management of this repository. The Draft National Directives were published for public comments on 15 June 2022 and the inputs thereto are being considered for incorporation.

It might also be worth-indicating that in the previous financial year, the Department further commenced with the development of the Online System for Applications for Protection Orders in line with the Domestic Violence Amendment Act, 2021 and its Draft Regulations. The plan is to integrate the Online System with the ICMS: DV as soon as the final Regulations are released. This is to ensure that the domestic violence systems are in sync, coherent and seamless in operations throughout the court system. The closing date for public comments was 14 July 2022 and it is anticipated that the Domestic Violence Regulations will be finalized and submitted to the Minister for approval.

b) The link of the ICMS: DV to key participating Departments is planned to commence in the next financial year (i.e. 2023/2024) as part of the next phase of development. The integration will be housed in the Integrated Justice System (IJS) Transversal Hub where key criminal justice role-players congregate to exchange data.

i. The systems integration between the participating Departments will commence in 2023/2024 financial year as part of Phase 2 of the project, and the rollout thereof is planned for a year later.

ii. Phase 2 of the project will start after the following activities for Phase 1 are completed:

• The upgrade of the Department’s Data Centre and migration of the systems to the new Infrastructure so as to ensure the stabilization and optimisation of the environment as part of the recovery process from the Ransomware Attack;
• The incorporation of the requirements in the e-Judiciary Workspace to ensure integration of the administration and judicial functions in domestic violence; and
• The procurement and incorporation of the Digital signature solution for the Judiciary.

The Phase 1 activities are expected to be finalised before the end of this financial year.

END

Reply:

The allegations in the question are untrue. It should be noted that the Master’s Office: Kimberley is open for the public from 7h45 – 12h15 and again from 13h45 – 15h30. Officials however, have lunch break 13h00-13h45 and remain in the office until 16h15 (as per normal working hours).

The time between 12h15 and 13h00 as well as between 15h30 and 16h15, is utilized for attending to administrative, office work and attend to the members of the public that are still in the office.

No public is assisted during the lunch break period, as the office does not want a situation in the office, where a female official sits alone with members of the public during the lunch break (13h00 – 13h45), to avoid possible intimidation or harassment allegations.

Any complaints suggesting the contrary should be brought under the attention of the Head of the Office, Mr Craig Davids, and will be investigated immediately.

Reply:

a) The beautification of Booysens Magistrate Court was not advertised on tender. The Booysens Magistrate Court’s procurement section requested quotation using the Department of Justice and Constitutional Development’s Justice Yellow Pages (JYP) system to invite Central Supplier Database (CSD) compliant suppliers. Request for quotation was opened on 10 June 2022 with the closing date of 17 June 2022.

b) (i) The total number of bidders that responded to the request for quotations is seventeen (17), all bidders attended the site briefing meeting.

c) (ii) The winning bidder was Lenong M (Pty) Ltd.

d) (i) The duration of the contract is three (3) months.

(ii) The value of the service is R71 300.00.

e) Payments are only processed once the work has been completed and validated by the Court Manager, partial payments are made on monthly basis for the duration of the service.

f) The winning bidder commenced work on 15 August 2022, the delay for commencement of work was due to insufficient tools of trade and labour resources required to implement works needed.

g) The minimum standards were as follows:

• Gardening services for the entire court yard (back yard, front yard and all sides including weed removal at parking lots.
• Cutting of all overgrown lawn, grass fields within the court yard.
• Services include pruning, removal of weeds, tree felling and trimming, lawn stems at perimeter fencing.
• Using of weed killer on paving, paths and driveways.
• Supplier to provide their own working tools and labours.
• Removal of weeds and to see clear on the walk pathway.
• Supplier to ensure gardening is carried out bi-weekly every month.
• Ensure to remove all rubble waste from site and disposal thereafter.
• Bidder to inform the Court Manager prior coming to site to carry out the service in order to ensure that Court serves are not disturbed due to noise.

The terms and conditions were as follows;

• Quotations should be submitted on or before closing date as specified in the request for quotation.
• Quotes must include delivery.
• Quotation should indicate the validity period.
• Quotation should indicate the delivery period.
• All prices should be firm for the duration of the quotation.
• Quote should be strictly to specification.
• If bidder is VAT vendor, VAT number must be on quote.
• All quotations above R300 000.00 will be evaluated on 80/20 performance point system.

Monitoring for compliance is done by the Court Management of Booysens Magistrate Court through physical assessment and verification to ensure that the work, which is carried out on site, is per the specification issued out during request for quotation.

Reply:

The Specialised Commercial Crime Unit in the Office of the Director of Public Prosecutions Free State on 14 July 2022 declined to prosecute because there were no prospects of a successful prosecution. The facts did not disclose any criminal conduct, and the municipality was advised to proceed with the matter internally.

END

Reply:

a) During this financial year the Department of Justice and Constitutional Development has planned to establish eighty (80) sexual offences courts (SOCs) in terms of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007) (the Act). This will be the first batch of the section 55A SOCs established in line with the resource specifications of the Regulations relating to Sexual Offences Courts. Many of these courts have been drawn from a pool of courts previously referred to as the MATTSO Sexual Offences Courts in order to bring them into compliance with section 55A of the Act, which requires all sexual offences courts to be established at courts designated by the Minister of Justice and Correctional Services, by way of notice in the Gazette. Below is the list of the planned eighty (80) sexual offences courts:

Regional Divisions	Sexual Offences Courts to be established	No. of SOCs
Eastern Cape	Dimbaza, East London, Port-Elizabeth	3
Free State	Bethlehem, Bloemfontein, Botshabelo, Brandfort, Ficksburg, Harrismith, Koffiefontein, Kroonstad, Ladybrand, Parys, Phuthaditjhaba, Thaba’Nchu, Welkom, Wepener, Zastron	15
Gauteng	Benoni, Booysens, Kagiso, Krugersdorp, Palm Ridge, Pretoria, Pretoria North, Randfontein, Roodepoort, Tembisa, Tsakane, Vereeniging	12
KwaZulu-Natal	Durban, Umlazi, Empangeni, Madadeni, Ntuzuma Pietermaritzburg, Pinetown, Scottsburgh	8
Limpopo	Giyani, Mahwelereng, Mankweng, Morebeng, Sibasa	5
Mpumalanga	Ermelo, Middleburg, Mbombela, Piet Retief, Secunda Mdutjana, Thulamahashe	7
Northern Cape	Kimberley, Upington, Springbok, Kathu, Kuruman Barkley West, Colesburg, Galeshewe, Fraserburg Kakamas, Postmansburg	11
North West	Potchefstroom, Ga-Rankuwa, Klerksdorp, Rustenburg Moretele, Mmabatho, Tlhabane	7
Western Cape	Atlantis, Bredasdorp, Cape Town, Khayelitsha Mitchells Plain, Oudtshoorn, Paarl, Parow, Plattenberg Bay, Thembalethu, Worcester, Wynberg	12
TOTAL	80

However, this list is not cast and stone as the caseload of sex crimes in a particular court is often unpredictable.

b) What progress has been made in respect of the establishment of each of the specified courts?

• I have received a letter of concurrence from the Chief Justice for the designation of nine (9) courts for the regional divisions where the 80 sexual offences courts will be established in terms of section 55A(2)(a) of the Act;
• In terms of section 55A(2)(b) of the Act, the National Director of Public Prosecutions has also responded in writing to the letter of the Minister in support of the designation process;
• The National Guidelines for the Establishment of the section 55A Sexual Offences Courts were developed with the judiciary, National Prosecuting Authority, Legal Aid South Africa and the civil society organisations, and were approved by the Minister. The Guidelines include a Checklist to verify resource compliance with the Regulations relating to Sexual Offences Courts;
• The Provincial Heads have submitted signed Checklists for the resourcing of each court falling under their respective provinces;
• A draft Gazette Notice for the designation of courts has been vetted by the Office of the Chief State Law Advisor, and is awaiting Minister’s approval. The SOCs will be established as soon as the Gazette Notice is published, as required by the Act.

END

Reply:

The mentioned parolee was sentenced to twenty years in 2009 for murder and three counts of attempted murder. His sentence is set to expire on 2029/03/09. He completed his legislated Minimum Detention Period (MDP) on 2019/06/09 and was placed on parole on 2022/03/03 after serving twelve (12) years and nine (09) months of his 20 year sentence. He appeared before the Correctional Supervision and Parole Board (CSPB) on numerous occasions during which he was granted (07) further profiles because of outstanding issues which needed to be well addressed before he could be granted parole placement.

The involvement or participation of victims in the CSPB processes of considering the offenders for parole placement is directed primarily by section 299A of the Criminal Procedure Act 51 of 1977 which explains the right of a complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision further outlining that the court is to inform complainants and relatives (in the case of murder) when sentencing a person to imprisonment. In the event that the complainant intends to make representations they are to inform the Commissioner of correctional Services in writing and provide their address and to inform the Commissioner in the event there is a change of address.

Section 75(4) of the Correctional services Act 111 of 1998, provides that “Where a complainant or relative is entitled in terms of the Criminal Procedure Act, to make representations or wishes to attend a meeting of a Board, the National Commissioner must inform the Board in question accordingly and that Board must inform the complainant or relative in writing when and to whom he or she may make representations and when and where a meeting will take place”.

Numerous attempts to trace the victims of the crimes of parolee Mr M Harmse, were made with the assistance of Department of Home Affairs (DHA) and efforts were successful in tracking the victims on the count of murder, however, the victims of three attempted murder cases could not be found. Subsequent to successful tracing the victims were invited to participate in the Parole Board sitting which was held on 09 December 2019, during which both verbal and written submissions were made as part of the consideration for possible placement.

The Head Community Corrections confirmed that the Parolee is fully complying with his parole conditions.

END

Reply:

a) The table below provides a contrast of Remand Detainee populations at the various Correctional Centres before the admission of illegal minors and after admission. The arrested persons are detained at Heidelberg, Krugersdorp and Modderbee Correctional Centres.

Name of correctional centre	Number of remand detainees (18 July 2022)	Number of remand detainees (25 August 2022)	Percentage increase
Heidelberg	157	259	64.97%
Krugersdorp	1624	1901	17.06%
Modderbee	1791	1984	10.78%

b) Measures in place focused on strategies to reduce overcrowding as follows:

• Monthly Management Area Overcrowding Task Team meetings are held to distribute offenders between centers to alleviate overcrowding;
• A Regional transfer plan is implemented by transferring sentenced offenders to reduce overcrowding. Remand detainees cannot be transferred due to eminent court appearances;
• Implementation of section 63A of the Bail Protocol which makes provision for Heads of the Centre to lodge an application with the clerk of the court for review of bail for certain categories of remand detainees. Referrals to court are also done in line with section 49G of the Bail Protocol which also includes submission of details of remand detainees who have been in detention for longer than three months;
• The Department as participates in Case Flow and SAPS District Joint meetings during which overcrowding and more specifically arrests, prosecution, sentencing, detention, release and deportation of foreign nationals are discussed.

END

Reply:

1. The Department produced a draft Position Paper on the revised parole system for South Africa which was intended to form a basis for discussion and consultation with all role-players and other interested parties on proposals with a view to finalise an appropriate new parole system for South Africa. The Position Paper was consulted with National Council for Correctional Services (NCCS), Judicial Inspectorate for Correctional Services (JICS), Medical Parole Advisory Board (MPAB), and Parole Boards for inputs.

Thereafter, the Minister referred the matter to the National Council for Correctional Services in terms of section 84(2) of the Correctional Services Act, 111 of 1998.

The recommendations of the NCCS have been submitted to the Minister for consideration with a view to the way forward.

2. The table below reflects the serious crimes have been committed by parolees since 01 March 2020:

Nature of offence	01 March 2020 to 31 March 2021	2021/2022	Q1 of 2022/2023
Attempted rape	5	2	0
Murder	111	176	50
Rape	180	167	47
Robbery	360	247	71
Assault GBH	144	159	31
Domestic violence	90	103	0
Robbery Aggravating	10	37	38
Attempted Murder	33	29	6
Sexual Assault	20	4	7
Theft	132	260	123
Fraud	46	25	3
Assault	14	18	26
Possession of firearm	16	11	11
Arson	7	11	0
Kidnapping	6	7	4
House breaking with intent to rob	9	16	0
Damage of property	9	19	19
House breaking and theft	9	18	66
Pointing of firearm	12	11	0
Possession of drugs	5	4	13
Possession of stolen property	1	9	17
Conspiracy to commit murder	0	1	0
Damage/ interfering with essential infrastructure	1	1	1
Hijacking	10	7	1
Indecent assault	2	1	0
Culpable homicide	3	0	0
Violation of the protection order	2	0	15
Theft from car	1	0	1
Stock theft	1	2	0
Intimidation	0	1	0
Trespassing	0	0	5
TOTAL	1 239	1 346	555

END.