At May 31 , black judges constituted out of judges nationally. That translated into 86 white judges; of whom were males and 91 female judges. The Department was also developing policy and legislative framework on community courts and optimal use of advice centres as additional The Department of Justice and Constitutional Development had initiated a comprehensive overhaul of the Magistrates Courts Act although amended already several times since promulgation in retained features of the apartheid era; the Department had tabled the Prevention and Combating of Hate Crimes and Speech Bill; the International Crimes Bill had also been introduced to Parliament in December The envisaged new legislation would give courts the power to exercise extra territorial jurisdiction, to hear cases involving international crimes committed beyond our national borders if the alleged perpetrator was a South African citizen or ordinarily resident in South Africa.
South African courts would also have jurisdiction to hear cases of crime committed against a South African or resident therefore outside of SA borders.
As an example of innovation in service delivery Legal Aid SA had established a social media presence on Facebook, Twitter and Instagram to communicate with the public.
That success had been established on the backdrop of a budget deficit of R The Asset Forfeiture Unit had obtained freezing orders to the value of R1. A significant percentage of those amounts had related to the R1.
It had secured the setting aside of administrative decisions to the value of R million. The Department proposed to commission a study to check how many people continued to re-offend after having left the corrections system so as to have authentic statistics and to dispel some of the myths about statistics which had no source of origin.
The continuous increase of offenders in recent years had exacerbated the challenge of overcrowding in correctional and remand detention facilities to bring them within acceptable levels. The Department of Correctional Services in that regard was reviewing and aligning its infrastructure plan in order to construct additional bed space, convert outmoded zinc and asbestos structures and to regain unused bed space, especially, and in total bed spaces would be added through the expansion of facilities in Tzaneen, Standerton, Estcourt, C-Max prison in Tshwane.
Alternative funding models such as Public-Private Partnerships were being considered in that regard. The challenges of austerity had put pressure on Government infrastructure for public service generally which included plans to expand capacity for both the Department of Justice and Correctional Services in the form of courts and the Department of Correctional Services in the form of correctional facilities. The Department of Justice and Correctional Services was considering in-house capacitation as part of skills development for minor maintenance and construction projects; to that extent use of offender labour was being considered to help with some of the maintenance works.
More complex engineering works of course would remain with the Department of Public Works but the Department of Justice and Correctional Services believed that there was scope for it to utilise offender labour and in the process give skills to offenders. One of the concerns that had come up had been the rate of re-absorption into the world of work; two years ago a conference had been held to raise concerns and make suggestions about that. The Minister had requested the Department of Justice and Correctional Services to look at ways to reinforce and increase the rate of re-absorption into socio-economic life of former inmates.
The figures had been concerning despite the skills that the Department of Correctional Services imparted. The Committee was concerned that:. The Committee noted that there had been allegations of racism reported to the South African Human Rights Commission regarding two employees of the Department of Justice and Correctional Services which had referred to their colleagues as baboons and monkeys. Preliminary assessment had showed that there had been prima facie violation in terms of right to equality and human dignity.
Regarding the integrity of the Department, what was the Minister comment in that matter? Members asked whether:. The meeting had started late because of a miscommunication regarding the time of starting between the Department and the Committee. Ministerial remarks Advocate Michael Masutha tendered the apologies of his two deputies as they were addressing other Committees of Parliament.
The justice value chain had committed itself to making justice fair, accessible, affordable and effective. Without addressing the transformation imperative, the DoJ would not be able to deliver justice to all South African citizens.
The budget for capital works in the current financial year was R in addition R33 had been allocated to upgrading of infrastructure whilst R31 had been allocated for maintenance. The DoJ was virtually at concluding stages for the procurement related to Durban High Court and the DoJ was engaging the Minister of Defence to release the adjacent land next to the court which would be needed for the expansion of that court precinct.
The DoJ was also developing policy and legislative framework on community courts and optimal use of advice centres as additional mechanism to access to justice. The DoJ was pleased that the traditional courts bill was going through the processes of Parliament.
The above-mentioned mechanisms including the court mediation services which were being piloted in 42 regional courts provided alternative forms of access to justice to also alleviate the burden on main stream courts. Mediation services also provided for the intervention of paralegals and mediators and those services would be extended to all regional courts across the country in the year under review.
The DoJ had initiated a comprehensive overhaul of the Magistrates Courts Act although amended already several times since promulgation in retained features of the apartheid era; the DoJ had tabled the Prevention and Combating of Hate Crimes and Speech Bill; the International Crimes Bill had also been introduced to Parliament in December The envisaged new legislation would give courts the power to exercise extra territorial jurisdiction, to hear cases involving international committed beyond our national borders if the alleged perpetrator was a South African citizen or ordinarily resident in South Africa SA.
SA courts would also have jurisdiction to hear cases of crime committed against a South African or resident therefore outside of SA borders. Improvement of public confidence in the criminal justice system and the DoJ was pursuing an integrated criminal justice strategy which would see fundamental amendments to the Criminal Procedure Act CPA of and other applicable laws to enhance protection of victims of crimes.
Recent incidents of femicide and gender-based violence GBV against women and children pointed to a breakdown of the social fabric in SA society and the justice system had to act on those crimes swiftly, proportionately and decisively. The DoJ intended to review the length of minimum sentences for those particular crimes. Cabinet had passed an amendment to the CPA which would remove the prescription limit of 20 years on all other related sexual offences currently covered in section 18 of the CPA.
The DoJ would continue to operationalise sexual offences courts which were 75 in number to date and the DoJ had stepped up efforts to validate the database of the national register for sexual offenders. Simultaneously the DoJ was developing a fool proof system of reporting to eliminate inaccuracies. The DoJ believed that it would be inappropriate to bring that register into full operations with all its flaws as the risk would be violation of rights of those who possibly would have wrongly found their names in that register as that would open-up to the DoJ to all manner of liability which was undesirable.
He accepted the criticism on the time it had taken for the legislation to be able clean-up the register as it had been nine years since promulgation. The process of alignment of magisterial districts, high courts with jurisdictional boundaries with municipal and provincial boundaries was being finalised. Since the commencement of that project in the DoJ had established integrated and inclusive magisterial districts in six provinces; the roll-out to the EC, WC and KZN would be completed in the year under review.
As an example of innovation in service delivery LASA had established a social media presence on Facebook, Twitter and Instagram to communicate with the public. The DoJ had decided to look into its own coffers to see and to ensure that no court in SA would fail to sit because of such and other constraints.
The sitting hours of courts had been a burning issue from all stakeholders in the justice sector as to why courts were not sitting. There were convictions of Government officials charged with corruption or related offences involving amounts of more than R5 million.
The justice cluster was actively involved in a number of projects including the intervention in the North West NW and a number of Presidential proclamations had been made in relation to certain municipalities in that province; the DoJ was part of the task team set up by the President of SA on the political killings in KZN.
A fundamental objective of DCS was the rehabilitation of offenders through providing education and skills development for broader, personal and spiritual introspection.
To date the DCS managed fully fledged community corrections offices spread across all the nine provinces which provide services to the accused and offenders. Those placed under community corrections were parolees, probationers and awaiting trial persons who were not to be kept in correctional facilities.
At 21 March , 69 persons had been registered under the system of community corrections. Of that number 51 were parolees, 16 were probationers and had been awaiting trial persons.
Contrary to popular belief parole was not an automatic right because the fact that one would have served 20 years of a life sentence had no guarantee that one could get parole after having applied. Assessments had to be done on suitability based on various reports including psychosocial, risk profile and responsiveness to rehabilitation interventions. The Minister said he was being taken to court at least 20 times a week over the issue of parole in the DCS component by inmates unhappy with decisions not to grant parole or where inmates felt their applications had been delayed.
Regarding the latter the DCS held a round table led by the National Council for Correctional Services NCCS to evaluate the parole system to determine whether the parole system was still relevant, efficient and to identify weaknesses in the system.
The DCS proposed to commission a study to check how many people continued to re-offend after having left the corrections system so as to have authentic statistics and to dispel some of the myths about statistics which had no source of origin.
The DCS in that regard was reviewing and aligning its infrastructure plan in order to construct additional bed space, convert outmoded zinc and asbestos structures and to regain unused bed space, especially and in total bed spaces would be added through the expansion of facilities in Tzaneen, Standerton, Estcourt, C-Max prison in Tshwane. The challenges of austerity had put pressure on Government infrastructure for public service generally which included plans to expand capacity for both DoJ in the form of courts and DCS in the form of correctional facilities.
One of the concerns that had come up had been the rate of re-absorption in to the world of work and two years ago a conference had been held to raise concerns and make suggestions about that. The figures had been concerning despite the skills that the DCS imparted. SA would launch the Nelson Mandela rules for treatment of prisoners in July The rules were a set of acknowledged minimum standards for the treatment of prisoners that the United Nations UN had committed themselves in December Minister Masutha asked that he be released to join the National Assembly Committee on Justice if there were no questions needing his responses.
The Chairperson replied that although he had planned that he would allow the Committee a question and answer period after all the presentations, he would allow the Committee to engage the Minister before he could release him. He said the President only agreed after four years to effect an inquiry into state capture. Those that were implicated in state capture had to be brought to account, for that reason he could not understand why Mr Shaun Abrahams was still sitting next to Minister Masutha.
The judgement delivered recently on the Vrede Dairy Farm project showed that the persons implicated could be found guilty at a future date which implied that NPA had dropped the ball as it had gone to court unprepared, and that had not been the first time. The public would not have enough confidence in the state and that harmed the criminal justice system in the country currently and would continue to do so in the future. When would Government get rid of Mr Abrahams?
The whole country was still puzzled that Mr Schabir Schaik was playing golf whilst being on parole and being on his death bed. The Chairperson requested that Members be succinct and to the point. The DCS would come before the Committee on the 13 June therefore he was requesting questions related to that component of the Department be parked for that engagement. If you've any interest in traditional Japanese architecture, get this book. Edward Morse was an American who went to Japan in to study brachiopods.
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