Chairperson, hon members, distinguished guests, comrades and friends, ladies and gentlemen, it is a great honour and privilege to address this Council today to present the Budget Vote of the Department of Justice and Constitutional Development for the 2010-ll financial year.
I convey the warm regards, as well as the apologies, of the Minister of Justice and Constitutional Development, Minister Jeff Radebe. Minister Radebe, as hon members might know, has been Acting President of the Republic since Monday.
We are pleased to address the Council during Child Protection Week, which was launched by President Jacob Zuma in Atteridgeville this past Friday. On this occasion the President called upon all South Africans to work together to ensure that children are safe and feel safe. He highlighted the serious matter of trafficking in persons and children in particular.
We are also pleased to address you the day after Africa Day, 25 May, the day on which, 47 years ago in 1963, the leaders of 30 of the 32 independent African states at the time, signed the founding charter of the Organisation for African Unity, OAU, in Addis Ababa, Ethiopia.
Hon members, in exactly 15 days, 9 hours and 40 minutes or so, the kick-off whistle will blow at Soccer City. [Applause.] It is indeed truly here and we are truly feeling it!
The Department of Justice and Constitutional Development is also feeling it! Last Friday, a notice was published in the Government Gazette giving details of special courts in and around the host cities. Cases associated with the World Cup, including matters affecting children, will be dealt with expeditiously. Hooligans and other perpetrators of criminal actions, whatever their nationality, will also be feeling something: the red card of the law.
The Budget Vote that we are presenting today underscores our commitment to 2010 as the year of action. It provides a clear road map with short,- medium- and long-term milestones on the road to a transformed justice system.
The constitutional mandate of the Department of Justice and Constitutional Development is to oversee the administration of justice in the interests of a safer and more secure South Africa. This mandate is reflected in our vision to provide a transformed and accessible justice system which promotes and protects social justice, fundamental human rights and freedom.
The successful execution of this mandate and the realisation of this vision are indispensible to the achievement of the key national priorities that we have set for ourselves as a nation. In his 2010 state of the nation address President Jacob Zuma again stressed these national priorities. They are the creation of decent work and sustainable livelihoods, education, health, rural development, food security and the fight against crime and corruption. The question of access to justice is central to the realisation of these goals.
Much of our work has, therefore, been focused on ensuring that all in South Africa enjoy access to justice. Much of this work is also focused on the fight against crime and corruption, with the objective of ensuring that all in South Africa are safe and feel safe. This work is done in the context of the Justice, Crime Prevention and Security, JCPS, cluster which is co-ordinated by the Minister of Justice and Constitutional Development and consists of the South African Police Service, Correctional Services, Home Affairs, Defence, State Security and Social Development.
The JCPS cluster has been able to achieve a greater degree of integration and co-ordination of the work of its constituent departments. This is evident from the significant strides with regard to the Child Justice Act, which came into operation on 1 April 2010, and the review of the criminal justice system.
The Child Justice Act enjoins the Minister of Justice and Constitutional Development, acting in conjunction with the Ministers of Police, Correctional Services, Social Development, Education and Health, to adopt a national policy framework relating, among other things, to a uniform, co- ordinated, co-operative approach by all government departments, organs of state and institutions in dealing with matters relating to child justice.
This morning the Intersectoral Committee on Child Justice, consisting of the directors-general of the departments of the Ministers I have just mentioned and led by the Director-General of Justice, presented a draft national policy framework to the Portfolio Committee on Justice and Constitutional Development. I am hopeful that this framework will reach the Council soon. I wish further to reiterate the announcement made by the Minister that the review phase of the criminal justice system has been completed and we are now moving steadfastly with the implementation of the review outcomes.
The implementation is guided by the 7-point plan approved by Cabinet, which covers the following: aligning the strategies of the Justice, Crime Prevention and Security cluster; establishing the criminal justice system co-ordinating unit; improving court performance; a case backlog reduction strategy; modernising information technology; mobilising the public to get involved in the fight against crime; and harmonising the rules of court.
Our road map to a transformed justice system is outlined in our 2010-14 Medium-Term Strategic Framework. This framework was presented to and discussed with the Portfolio Committee on Justice and Constitutional Development as well as this Council's Select Committee on Security and Constitutional Development. We are indebted to the members of the committee, from all parties and, should I say, provinces, for their comments and guidance.
We believe that the outputs contained in the strategy are both realistic and achievable. I would like to highlight some of the key elements of this strategy, emphasising those aspects with particular relevance to the Council.
Chairperson, allow me, firstly, to address the very important and long overdue matter of judicial reform.
During the Budget Vote debate in the National Assembly, the Minister announced that the Constitution Amendment Bill and the Superior Courts Bill had been finalised and approved by Cabinet. I wish to highlight key aspects of this legislation.
The Constitution Amendment Bill proposes to replace Magistrates' Courts with Lower Courts, fully integrating the magistracy into a single judiciary. This is more than a mere name change. The proposed court system envisages Superior Courts and Lower Courts as part of a seamless, single judiciary under the leadership of the Chief Justice.
The Superior Courts Bill in turn provides for the Judges President to give leadership to all courts within their respective divisions. This will address certain challenges in the governance and leadership structures within the magistracy. The Council became aware of some of these challenges when the Select Committee on Security and Constitutional Development met with the Magistrates' Commission early this year to discuss some of the transformation-related challenges in the magistracy.
The Constitution Amendment Bill and the Superior Courts Bill pave the way for the overhaul of the outdated Magistrates' Courts Act of 1944, and its replacement by a Lower Courts Act which will be premised on the Superior Courts Act. We hope to finalise a draft Lower Courts Bill by the beginning of 2011.
The Constitution amendment Bill and the Superior Courts Bill were published in the Government Gazette on 21 May 2010 for comment. We are confident that this will lead to an informed and constructive public debate on the fundamental transformation of our judicial system in line with our Constitution.
We have already received views regarding the proposed relocation of the seat of the Eastern Cape High Court from Grahamstown to Bisho. Some have interpreted this to mean that the Bill seeks to relocate the High Court from Grahamstown to Bisho. The Grahamstown High Court will continue to serve the community of the area. What is envisaged is that the Judge President will perform his or her judicial co-ordination function from the Bisho High Court, located at the seat of government in the province. This process will be managed responsibly and in consultation with the judiciary.
Significant strides have been made with regard to the transformation of the race and gender profile of the magistracy. At 31 March 2010, black people in the regional courts constituted 50,66% while white people constituted 49,34%. Women represent 32% of the total establishment of the regional court. In the district courts, 57% of the district magistrates are black, 43% are white and women make up 42% of the total number.
As is the situation in the Superior Courts, there is still underrepresentation of women across the magistracy and the situation is more dire at the senior echelon of the magistracy, particularly at the Regional Court level. This is a matter that the Magistrates' Commission will have to look into.
Chairperson, we continuously strive to improve the organisational efficiency of our justice system. Especially important in this regard is the strengthening of the Office of the Chief Justice as a transitional step towards the establishment of a separate administration for the judiciary. Part of this initiative is the realignment of the court administration at regional and court levels with the envisaged court administration agency. Work is continuing in this regard and guidance will be sought from Parliament once firm proposals have emerged.
We are also strengthening our internal control mechanisms to ensure compliance with the Public Finance Management Act, the PFMA, and other prescripts in order to reverse the negative audit reports the department has received over the previous three years. To achieve this turnaround, we have enhanced our performance management system by putting stringent performance outputs in the performance agreements of senior management and staff. These outputs are in line with the performance agreement that the Minister himself concluded with the President recently.
In pursuing access to justice, we continue to commit a substantial amount of our budget to building additional courts and service delivery points for the office of the Master. We do this to ensure that we reach out to rural and remote communities. We continue to build, in ever-increasing numbers, court buildings where there were none before.
We have also improved the architecture of these courts to create spaces conducive to accessing justice in a constitutional democracy. These courts are more accessible to all people, including those with disabilities.
The construction of new and refurbished courts in Galeshewe in the Northern Cape, Ekangala in Gauteng, Colesberg in the Northern Cape and Lutzville and Ashton in the Western Cape, have been completed and the Minister will open these courts officially in the not-too-distant future.
Access to justice will also be enhanced with the completion, within the next five years, of seven courts including the High Courts of Mpumalanga and Limpopo. These courts include Hankey in the Eastern Cape; Mamelodi, Kagiso, and Katlehong in Gauteng; and Ntuzuma in KwaZulu-Natal. With regard to the High Courts, a site has been procured for the construction of the main seat in Nelspruit, while discussions with the Nkangala District Municipality for the allocation of an additional site for a local seat of the High Court in Emalahleni are at an advanced stage. This will address potential complications for communities in Mpumalanga, who are closer to the North Gauteng High Court in Pretoria than they are to a High Court in Nelspruit.
Parallel to the construction of new courts, we are also correcting the old magisterial districts which are informed by the racial and geopolitical boundaries of apartheid and reflect the defunct self-governing states and homelands of the then RSA.
This two-pronged approach seeks, on the one hand, to refurbish the branch courts in the former black areas and rural villages and confer upon them jurisdiction to function as fully fledged courts and, on the other hand, to ensure the alignment of magisterial districts with municipal boundaries established under our democratic constitutional dispensation.
In this regard, 15 of the 90 branch courts were converted into full service courts in August last year. During this year a further four branch courts will be converted. The conversion of branch courts into full service courts represents a significant step in our ongoing struggle to overcome the legacy of colonialism and apartheid. Courts in many traditional black areas and rural villages only deal with the adjudication of criminal matters. Persons in these areas must often travel long distances to access civil justice services including maintenance, Small Claims Courts and deceased estates. This programme will continue until all branch courts have been converted to provide full court- related services and the last vestiges of the shameful legacy of apartheid have been eradicated from our justice system.
Our strategy provides for the establishment of at least one district court in every municipal area. A draft report regarding the alignment of the magisterial districts with municipal boundaries, which will give effect to this objective, has been completed and will be published soon for comments before it is finalised.
Chairperson, no discussion on access to justice and courts will be complete without reference to Small Claims Courts. Small Claims Courts are a powerful mechanism to provide access to justice, especially to the poor. These courts function on the basis of speed, simplicity and cost- effectiveness. These courts provide a forum for the resolution of civil claims up to R7 000, an amount determined in 2004. Consultations have started with a view to increase this amount to between R10 000 and R15 000.
Today, we have 206 functioning Small Claims Courts, five more since the Budget debate in the NA on 5 May. The proclamation of a further three is imminent. We aim to establish an additional 60 new courts by the end of the 2010 financial year, and a further 60 by the end of the 2011 financial year.
We are well on track to meet these targets. With the launch of the Small Claims Court in Alexandra yesterday, we have established 11 courts since the beginning of April this year - one sixth of our target in one sixth of a year!
Training manuals for commissioners and clerks of Small Claims Courts were launched yesterday and the first training for commissioners took place last week.
The excellent work done in these courts is done after hours on a voluntary basis, without any remuneration, by the 1 096 legal practitioners who preside as commissioners. We call on all to follow their example.
We also call upon all Members of Parliament to assist us by adopting the rallying cry: One constituency, one Small Claims Court!
Another Act aimed at increasing access to justice, which will come into operation soon, is the Jurisdiction of Regional Courts Amendment Act. The Act confers civil jurisdiction on the Regional Courts. The immediate consequences of the commencement of the Act will be the integration of the divorce courts into the regional courts. Although the divorce courts were opened to all races in 1997, they continue to operate under the old demarcations which dislocate and marginalise people on the basis of their residence.
It is ironic and illogical that the Central Divorce Court in Johannesburg does not have jurisdiction over the area of Pretoria, which in turn is served by the North Eastern Divorce Court with its seat in Durban. The new legislation will address this disjuncture which exists across all the divorce courts.
The child maintenance services at the district courts remain one of our areas of major concern. We continue to increase capacity at the courts to improve our ability to deal with the long and time-wasting queues of maintenance beneficiaries and plan to reduce the waiting time substantially.
The electronic funds transfer, EFT, project, aimed at enhancing efficiency, is still on track and it enables the department to pay maintenance monies directly into the accounts of the beneficiaries.
We are currently finalising the more comprehensive third-party funds project bid process.
We are also increasing the capacity of the Master's offices to improve the provision of services for deceased and insolvent estates, starting with extending capacity in at least one main magisterial court per district to deliver probate services to the communities nearest to them.
In respect of the Guardian's Fund, we will ensure that 80% of the beneficiaries receive services within 40 days.
Hon members, we further seek to promote access to justice through the use of indigenous languages as languages of record in our courts. The Indigenous Language Pilot Project, which is being implemented at 27 district courts countrywide, aims to enhance the status and dignity of African languages.
Since the inception of this project in April 2009, a total of 890 cases have been heard by these courts in indigenous languages. The lessons learned during the pilot project will inform the policy framework for language use in the courts envisaged to be completed before the end of this year.
Chairperson, I also wish to inform this Council of the Access to Justice and Promotion of Constitutional Rights Programme, which is a joint initiative of the department and the European Union, and is being co- ordinated by the Foundation for Human Rights. The European Union has committed E25 million - about R250 million - which will be disbursed over a period of three years.
Through this programme, 45 community advice centres will be established across the country. The primary purpose of the community advice centres will be to educate the communities on their constitutional rights, on the Service Charter for Victims of Crime in South Africa and on how to access the different courts, including the Equality Courts and the Small Claims Courts.
Another milestone in our endeavours to improve access to justice is the very important review of the civil justice system. Cabinet recently approved the terms of reference for this review. The review seeks to ensure that the civil justice system provides a speedy, effective and affordable resolution of civil disputes. We will, by the end of this financial year, submit to Cabinet and Parliament a comprehensive report on the deficiencies and shortcomings of the civil justice system. This will assist in the development of a programme of action to address the shortcomings.
Let me take this opportunity to highlight some of the important Bills that this Council will have to deal with in the very near future. These Bills are at various stages of processing either by the department or by the portfolio committee in the National Assembly.
Of these, there are three Bills that impact most directly upon our objective of ensuring that everyone in South Africa is safe and feels safe. The first of these is the Prevention and Combating of Trafficking in Persons Bill, which provides for the prosecution and imposition of heavy penalties for those involved in the trafficking of persons.
Secondly ...
Hon Deputy Minister, could you conclude, please.
Madam Deputy Chair, I will work towards my conclusion. In fact, I think that what I will do is cover some of the outstanding areas when I respond to members' inputs. That response will basically highlight some of the pieces of legislation that will be coming to the Council in the very, very near future. Thank you.
Chairperson, it is my pleasure to present the Budget Vote speech of the Department of Correctional Services to this very important House. Our Minister, Nosiviwe Mapisa-Nqakula, was looking forward to an opportunity to mark the beginning of our second year in office, but due to other commitments emanating from the vibrancy of this legislature, she could not be here today.
It is also an honour for me to introduce our new national commissioner, Mr Tom Moyane and the new chief financial officer, Mr Siphiwe Sokhela, who both assumed duty on 15 May 2010. Mr Moyane brings in a wealth of experience. [Applause.] Bacela niphakame. [They ask you to stand up.] [Applause.] That's our national commissioner, Mr Tom Moyane, and the new chief financial officer.
Mr Moyane brings in a wealth of experience in strategic leadership and management and in turning around ailing or struggling institutions. The chief financial officer's performance outcomes over the past 10 years in the KwaZulu-Natal legislature speak for themselves as they received an unqualified audit report for nine consecutive years. [Applause.]
Their appointment marks a turning point in the executive management instability that has plagued the Department of Correctional Services for some time now. We believe these great sons of our soil bring strategic and operational understanding as leaders and managers that will firmly place the department on a path to clean audit reports and a better image within the cluster.
An expression of appreciation goes to the Chairperson and members of the NCOP for their continued support. I know in your constituencies we often hear that you support our correctional services and that is greatly appreciated. I would like to acknowledge management and all the correctional officials who work tirelessly to deliver services to our people. I wish to express our warm gratitude to them for their guidance and support during our orientation. Allow me, Chairperson, to acknowledge all our officials, partners and our offenders present here today on my left. [Applause.]
My presentation of our five-year strategic plan to the House could not have come at a better time than after the signing of performance agreements between Ministers, in our case Minister Mapisa-Nqakula, and our President, Mr Jacob Zuma, the President of the Republic of South Africa.
The Minister and I are fully committed to ensuring that the Department of Correctional Services enhances its capabilities and contributes to our ultimate goal of ensuring that all people in South Africa are and feel safe, as my colleagues from the Department of Justice and Constitutional Development have said.
To realise this critical outcome of the whole criminal system, the Department of Correctional Services will make a contribution to the following service delivery outputs: improving effectiveness and integration of the criminal justice system; combating corruption within the Justice, Crime Prevention and Security cluster to enhance its effectiveness as a deterrent against crime; and managing perceptions of crime among the population.
In line with government's plan to make 2010-11 a year of action, the agreement spells out clear and measurable performance targets against which the performance of the Minister and, by inference, everyone else in the department, will be measured as we move forward.
As testimony that government is indeed geared to work differently and better, the performance targets have been graphically spelled out for each area and place emphasis on, among other things, the following: the improvement of numbers of offenders participating in and benefiting from formal and informal development care and corrections programmes; improving the efficiency of the remand detention system by reducing backlogs, years spent awaiting trial and increasing numbers of cases finalised each year; intensifying the detection processing of cases and increasing conviction rates of those perpetrating fraud and corruption within the system as a starting point in fighting the scourge in society as whole; ensuring that victims and the population receive accurate information on the state of crime and justice in order to build trust in the criminal justice system; and lastly, strengthening the collaboration and integration of the information technology system and efforts to combat cybercrime.
These targets will be pursued with vigour without neglecting the ongoing responsibilities of the Department of Correctional Services. The ongoing responsibilities on their own, directly or indirectly, contribute to ensuring a safe environment where people in South Africa will be free of the debilitating scourge of crime that renders them less productive. Promoting good governance is important for us. I'm happy to announce that in the previous financial year, 89% of 109 officials detected, investigated and put through disciplinary processes were found guilty and sanctioned. We attribute this to our formidable minimum anticorruption capacity built over the years to spearhead our zero tolerance of fraud and corruption.
We have already recovered R2,5 million of the expected R4,5 million from hundreds of officials in KwaZulu-Natal who defrauded the department's medical aid scheme. These officials signed acknowledgements of debt and I can say, without fear of contradiction, that we are indeed winning the war on corruption. We remain committed to improving on this level of performance by sharpening the implementation of mechanisms to prevent, detect and respond to fraud and corruption in the department.
We have also pledged to ensure heightened implementation of the White Paper on corrections which places rehabilitation of offenders at the heart of all our operations. When we presented our Budget Vote last year, we acknowledged and expressed our heartfelt gratitude to our predecessors, Minister Ngconde Balfour and Deputy Minister Loretta Jacobs. In the context of rehabilitation programmes for offenders, we committed ourselves to building on their foundation and to improve on whatever they have initiated.
From our national and international experience gained since our assumption of leadership of this department, we are beginning to formulate a clear vision for establishing a sustainable approach to offence-specific rehabilitation programmes. This approach carries with it hopes of a more profound change in offending behaviour of inmates and of reducing recidivism.
Addressing the National Assembly in March this year, we said we are facing a challenge of deep-seated social problems that we have to deal with today. These social problems fuel crime; they become a breeding ground for crime. It is against this understanding that we believe, more than ever before, that a more developmental and rehabilitation-centred approach is the best for the Department of Correctional Services.
Based on this understanding, we have committed ourselves to intervene in order to balance our investment in security and rehabilitation. To realise this we will, among other things, review and reduce our personnel expenditure from 69% of the allocated R15,1 billion to 63% within this term of government.
These adjustments are intended to create space for the reallocation of resources to strengthen rehabilitation and reduce recidivism. We will be periodically reporting on progress regarding increasing the number of offenders who are able to access both formal and informal development care and correction programmes. We will also prioritise vulnerable groups in order to ensure, among other things, that education and development of offenders' skills are made mandatory for school-going youth. We will begin by ensuring that those under the age of 15 years, who by law must be at school, do indeed study at our centres.
Those falling outside of these compulsory education provisions will be given incentives to ensure that they subject themselves to education and training in order to address absolute and functional illiteracy or a dearth of skills among offenders. They need to be prepared for productive and crime-free lives after release.
We will also pay particular attention to offenders who display symptoms of mental illness. During our visits to correctional centres, we came across disturbing cases of incarcerated offenders. We do not have the capacity to manage complex conditions like mental illness. We have invited experts from relevant fields to help us to address this challenge. We have also introduced a ministerial task team which is moving ahead to identify all these cases and advise us accordingly.
We will also give appropriate attention to creating an enabling environment for the promotion of human dignity for women, children, people living with disabilities and elderly offenders, even though they constitute a small number. As part of a bigger campaign in this regard, we have now launched the Imbeleko Project across all regions, which is aimed at ensuring an appropriate environment for incarcerated mothers with babies, while intensifying the alternative placement of children who have exceeded the legal threshold of two years.
We will also support the Judicial Inspectorate for Correctional Services to ensure the conscious protection of human rights of offenders, as that is the mandate of the independent judge who oversees our correctional centres.
The role of the Inspecting Judge was fortified on 1 October 2009 when sections 60 to 67 of the Correctional Services Amendment Act of 2008 were put into operation by proclamation in the Government Gazette.
On the question of managing perceptions of crime, perceptions can be everything to the beholder. Currently, the department is receiving more than its fair share of negative publicity and perceptions, some of which are a product of sheer ignorance. We've committed ourselves to stepping up efforts to provide the public and the media with the accurate information they require to effectively participate in the transformation of the correctional system and in improving delivery of services.
To advance this cause, we will review the corrections contact centre launched in July 2009 to serve internal public for purposes of ensuring a caring, responsive and accessible correctional system for the public and all stakeholders.
Another critical platform for people's engagement in corrections is the parole system. We have advertised positions of chairpersons of 52 correctional supervision and parole boards and the due date is Friday this week. I will encourage all the members to invite community members to apply so that they can help us in the release of our offenders.
The new chairpersons are expected to assume duties in July 2010, replacing the first group whose five-year contracts end in June 2010. We will pull out all the stops to maximise victim participation in the administration of parole, in particular, and in correctional services delivery in general. We trust that these engagements will help in building public trust and confidence in our correctional system.
As earlier alluded to, there are a number of other standing responsibilities which the department commits to deliver on. These standing responsibilities include overcrowding; security enhancement; optimisation of offender labour; stakeholder mobilisation; and strengthening of monitoring, evaluation and reporting, particularly against the indicators outlined in our strategic plan.
With regard to offender population management, a multipronged strategy of addressing the perennial challenge of overcrowding is being pursued. This strategy incorporates the audit of inmates in order to use various legal provisions to down-manage overcrowding and the construction and rationalisation of facilities, as well as the establishment of dedicated branches for managing remand detainees.
The Minister has appointed a special task team to audit various categories of inmates for purposes of determining those deserving consideration for parole, reclassification, bail protocol and conversion of custodial sentences into correctional or community supervision. This task team has now covered two regions, namely the Western Cape and the Eastern Cape.
The Kimberley Correctional Centre has been completed. Over 2 000 offenders have been transferred to the facility as part of a phased population of the centre that can take up to 3 000 offenders. Progress is being made to establish a dedicated remand detention branch with additional support systems being rolled out like, for example, the video remand court system and the introduction of the automated personal identification system, which is in place in 14 correctional centres.
We are still on course in our procurement of public-private partnership facilities as well as the revamping and renovation of a number of existing facilities that together are expected to deliver more than 20 000 additional bed spaces by 2014. We have engaged the Council for Scientific and Industrial Research, CSIR, for the purposes of auditing our facilities as part of rationalising and optimising our deployment of physical, financial and human resources.
Although we are progressively succeeding in reducing escapes - we achieved the lowest record of 40 escapes in 2009 - we view one more escape, particularly from a maximum facility, as one too many. Our target is to reduce escapes by a further 31% by 2015, by way of strengthening security structures, emergency security teams and dealing decisively with corrupt elements colluding to enable escapes.
With regard to offender labour, we continue to mobilise resources, both in private and in public, so as to ensure that each and every offender has an opportunity to acquire skills and expertise through productive work in preparation for their integration into society on release.
In terms of building institutional capacity to deliver better, one of the most strategic resources is our personnel. They carry our hopes and aspirations for an effective correctional system. We will continue to improve implementation of various occupational-specific Dispensations, OSDs, applicable in correctional services, heighten the roll-out of the seven-day establishment, while also going ahead to fill critical vacancies, in particular with regard to scarce skills this year.
We want to assure the House and the public that the Department of Correctional Services will manage to deliver on the target set for the financial year within the allocated budget of R15,1 billion, projected to grow at an annual rate of 9,7% over the Medium-Term Expenditure Framework, MTEF, period. As demonstrated by the stringent management of the budget for the previous financial year, we will again not overspend on our allocation.
In conclusion, I can confidently state that we are poised to accelerate the transformation of the Department of Correctional Services and improve service delivery. We have geared ourselves to enhance the integration of the work of our partners within government and all other stakeholders to ensure that all people in South Africa are and feel safe. Thank you. [Applause.]
Motsamaisi wa Dipuisano, Batlatsi baMatona, ntate Nel le mme Mkhize, le maloko a hlomphehang a Ntlo, e re ke nke monyetla ona, ke amohele baeti ba rona ho tswa polokehong ya batshwaruwa. Ntho ya mofuta ona o tla e bona feela mmusong wa ANC moo ho nang le maikemisetso a ho hlabolla batshwaruwa. Ke boele ke nke monyetla hape ho lakaletsa bakgethwa ba babedi ho tswa ho Lefapha la tsa Tshebeletso tsa Tlhabollo ya Batshwaruwa, ntate Moyane le ntate Sokhela ka mosebetsi wa bona oo ba o kgethetsweng.
Modulasetulo, baholoholo ba rona ba buile kgale Kliptown sebokeng sa batho, hore Aforika Borwa ke naha ya rona bohle, ba batsho le ba basweu. Ha ho mmuso o tla e busa ha o sa itshetleha pusong ya batho ka batho molemong wa batho. Ba ile ba toboketsa ka hore batho bohle ba tla lekana pela molao.
Selelekela sa Molao wa Motheo se hlokomela ho hloka toka ha nako ya ho feta. Se tlotla ba ileng ba hlekefetswa boitsekong ba tokoloho ya naha ya rona, le ho hlompha ba sebeditseng le ho ntshetsa pele naha ena. Maikemisetsong ana a ho aha naha e sa kgetheng motho ho ya ka morabe kapa ka bong, ho a hlokahala hore Ditekanyetso tsena di tsepamise maikutlo dinthong tse salletseng morao, tse re hopotsang moo re tswang teng.
Ha ho a lekana hore re be motlotlo feela ka Molao wa Motheo o sirelletsang ditokelo tsa botho, le hore melao ya kgatello ya nakong ya ho feta e fedisitswe. Empa ho a na le ba bang boramolao le baahlodi makgotleng a rona a dinyewe, ba hulanyang maoto ho kenya tshebetsong diphetoho tse molemong wa puso ya tokoloho. Ho na le boramolao ba neng ba sireletsa mmuso wa kgethollo, ba unneng molemo maanong a wona, ba rutilweng ho nyenyefatsa batho ba batsho, ba fumanang ho le thata ho amohela puso ya ANC. Hoo, ho bonahala ho tse ding tsa diqeto tse nkuwang makgotleng a dinyewe. Ha re buelle disenyi empa re re molao o sebetsane le disenyi ka botlalo. Ho na le dinyewe tse ding moo o tla fumana batho ba batsho ba entse ditlolo tse nyane tsa molao mme ba ahlolwa ho sa natswe boholo kapa bonyane ba ditlolo tse jwalo tsa molao. Empa, makgowa moo a bolaileng batho ba batsho teng, a bolela hore a ne a nahana hore a bona ditshwene, ho thwe a ilo lekolwa boko pele a ahlolwa. Re utlwisisa ho ikemela ha makgotla a dinyewe empa ho ke ke ha ba le nnete.
Ho lebelletswe hore re thole ha makgotla a dinyewe a nka qeto e kgahlano le hore re se ke ra bina dipina tsa ntwa ya boitseko. Re hlompha tataiso e tswang mokgatlong ya hore re itshware, empa re tla bina ho sa kgathaletsehe hore na qeto ya lekgotla e reng.
Ditekanyetso tsena di tlamehile ho hlokomela hore diphetoho tse tlamehileng ho ba teng tsamaisong ya toka di kenyelletsa batho ba batsho, ba mmala, Maindia, bomme ka ho otloloha le batho ba sa itekanelang. Re thoholetsa qeto e nkuweng ya hore ho be le motho wa mme eo e leng Mopresidente wa Baahlodi.
Ditekanyetso tsena, di tlamehile ho netefatsa hore difeme tsa babuelli tsa batho ba batsho di una molemo dikonterakeng le mesebetsing yohle ya mafapha a mmuso a hlokang ditshebeletso tsa semolao. Hona ho tlamehile ho tsamaya le kwetliso ya maemo a hodimo eo ba tlamehileng ho e fuwa sekolong sa molao hore ba be maemong a ho phethahatsa boikarabelo bona ka bokgabane. Ditekanyetso tsena di tlamehile ho thusa lefapha hore le be le dikamano tse ntle le diyunibesithi tsa naha ena hore dithuto tsa molao tseo di fanang ka tsona e be tse nyallanang le tjhebelopele ya semolao ya naha ena. Kwetliso ya boramolao makgotleng a dinyewe e tlamehile ho ba thusa ho qeta dinyewe ka potlako hore ho se be le tshubuhlellano ditjhankaneng. Mokgwa wa ho kgutlisetsa dinyewe morao ntle le hore batshwaruwa ba itlhahise kgotla o lekolwe mme makgotla a dinyewe a hlongwe ho ya ka moralo wa makgotla a metse. E se eka lefapha le ka atolosa letsholo la lona la "re se re fihlile", hore ditshebeletso tsa Mookamedi wa Lekgotla le Phahameng la dinyewe, di fihlelle mahaeng.
Ditekanyetso tsena, di boele di netefatse hore makgotla a dinyewe a potlakisa ditshebeletso tsa ditjhelete tsa tlhokomelo ya bana, haholoholo dibakeng tsa mahaeng. Dibaka tsa thuso tsa mahlatsipa a tlhekefetso le peto tse jwaloka sebaka sa tlhokomelo sa Thuthuzela di eketswe. Re thoholetsa lefapha ka mekutu eo le e entseng twantshong ya tlhekefetso ya bomme le bana. Yona e akaretsa hore bana ba emetseng dinyewe di fele, ba se kwallwe le batho ba baholo; ho kenngwa tshebetsong ha Molao wa Tshireletso ya Bana; ho thuswa ha mahlatsipa a tlolo tsa molao; ho ahwa ha makgotla a dinyewe a sireletsehileng le ho lokisa a boemong bo sa lokang; ho lwantshana le ho nyamela ha mangolo a samane; le ho lwantshana le basebeletsi ba lefapha ba nang le bobodu.
Ditekanyetso tsena, di thuse lefapha ho potlakisa le ho phethela mosebetsi le ditlhapiso tse saletseng morao tsa mahlatsipa a tlhekefetso ya ditokelo tsa botho, o etswang ke Komiti ya Tshwarelo, TRC. Lefapha le tlamehile ho lekodisa mosebetsi o etswang ke Komishene ya Bomagiseterata, haholoholo ho fanyehwa mosebetsing ha bomakgiseterata ho ya ka ditlolo tsa molao wa boitshwaro tseo ba di entseng.
Re ela hloko lerata le etswang mabapi le diphetoho tse mothating wa ho etsahala tsamaisong ya toka, hammoho le ho kena dipakeng ha Letona le Mopresidente. Re tshepa hore tataiso ya bona e tla kgotsofatsa bohle ba nang le thahasello tsamaisong ya toka.
Ha e le diphetoho tse molemong wa tsamaiso ya toka naheng ena, lefapha le se ke la qeaqea ho di kenya tshebetsong. Re tla di tshehetsa ka hohle- hohle. Re utlwisisa bohlokwa ba ho fuwa monyetla wa ho hlophisa dipapadi tsa Mohope wa Lefatshe mme re hlokomela hore ditlokotsebe tse tswang dinaheng tse ding le tsona di tla be di le ka hara naha ena. Ka hona, re tshepa hore lefapha le ikemiseditse ho sebetsana le batho ba tlang ho tlola molao.
Tlhabollo ya batshwaruwa ke e nngwe ya boikarabelo bo boholo boo Lefapha la Tlhabollo ya Batshwaruwa le shebaneng le bona. Ditjhankane tsa naha ena di tletse batshwaruwa ba iphumanang ba le ditlamong ka lebaka la ditlolo tse fapaneng tsa molao. Nnete ke hore, pele batshwaruwa kaofela ba tlola molao mme ba iphumana ba le moo ba leng teng, ke karolo ya setjhaba. Ditlolo tse fapaneng tsa molao tseo ba di entseng, di hlekefeditse sona setjhaba sena seo e tla re ha ba qetile kahlolo ya bona, e be ba kgutlela ho sona. Potso e ba hore: Na ba kgutlela e ntse e le mashodu a ilo utswa hape na, kapa ba kgutla ba fetohile e le baahi ba hlomphang setjhaba le molao wa naha na? Ke karolo efe eo setjhaba se tlamehileng ho e bapala ho hlokomela hore ka nnete ha ba kgutla, ba kgutla ba hlabolohile?
Dibakeng tse mmalwa tsa polokeho ya batshwaruwa tseo re di etetseng jwaloka komiti, ho tletse bana ba batjha, ba tlilo dula nako e telele moo. Ditekanyetso tsena di tlamehile ho thusa lefapha ka moralo o tla etsa hore tlhabollo ya batshwaruwa e fuwe maemo a hodimo. Mosebetsing o babatsehang oo lefapha le o etsang, le tlamehile ho hokahana le dikereke, dikolo, mekgatlo ya setjhaba le borakgwebo, ho bontshana hore na mmoho ho ka etswang ho hlabolla batshwaruwa. Molao wa Motheo wa naha ena o sirelletsa ditokelo tsa batho bohle ho kenyelletsa le bona batshwaruwa. Tshubuhlellano e ka hara ditjhankane tsa naha ena, e sitisa le matsholo a tlhabollo hore a kene tshebetsong ka ho otloloha. Ho subuhlellana hona ho etsa hore basebeletsi ba ditjhankane ba hlolehe ho tsepamisa maikutlo a bona hodima tlhabollo ya motshwaruwa ka mong.
Bongata ba palo ya batshwaruwa bo kgahlano le palo e nnyane ya basebeletsi ba lefapha. Sena se etsa hore ho se be bobebe hore ho tsepamiswe maikutlo tshireletsong, mme e be batshwaruwa ba a baleha. Ba bang ba thuswa ke bona basebeletsi ba tjhankane mme ba jwalo, lefapha le tlamehile ho sebetsana le bona. Dikgeo tse teng di tlamehile ho kwalwa mme ho hirwe batho ba nang le boiphihlelo ba tsamaiso. Ba seng ba ntse ba sebetsa, ba fuwe meputso e hantle hore ba se ke ba sheba makgulo a matala, ba qetella ba tsamaile. Ditekanyetso tsena, di tlamehile ho thusa ho hohela batho ho tla tshehetsa lefapha.
Re thoholetsa lefapha ka meaho eo le e ahileng le eo le e lokisitseng mme re re ho potlakiswe ho ahwa e meng, le ho lokisa e meng ho fedisa tshubuhlellano.
Sebaka seo batshwaruwa ba dulang ho sona, le moo ho phehelwang dijo ho se seng sa dibaka tseo re ileng ra di etela mane Eastern Cape, ke mahlabisa dihlong. Tlaleho eo re ileng ra e fumana ke ya hore ho se seng sa dibaka tsena tsa polokeho, batho ba sa itekanelang kelellong ba kwalletswe mmoho le ba nkang hantle, mme ha ho na tiisetso ya hore ha ho kotsi e tla hlaha.
Re ananela maikemisetso a lefapha a hore ba se kwalle bana le batho ba baholo, e leng kamoo molao o hlokang kateng. Ditekanyetso tsena di tlamehile ho lekola taba ya bomme ba iphumanang e le baimana, le ba kwalletsweng le bana ba bona ba banyane. Ho bohloko ho bona ngwana a holela tjhankaneng ka lebaka la tlolo ya molao e entsweng ke motswadi. E se eka ho ka ba le mokgwa oo ka wona ba ka iswang dibakeng tse ding tsa polokeho.
Tshebediso ya batshwaruwa e le o mong wa mekgwa ya ho ba hlabolla, e tlamehile ho lekolwa le hore na moo ba sebetsang teng ba bolokehile na, ha ba tlo baleha kapa ho baka mathata. Ditekanyetso tsena di tlamehile ho netefatsa tlhokomelo le tshwaro e ntle ya batshwaruwa, phepo e tsamaisanang le bophelo bo botle mmoho le kalafo e hantle ha ba kula. Sena se ka phethahala ha lefapha le ka hira basebeletsi ba bophelo bo botle ba tlang ho thusa ka kalafo, haholoholo ho batshwaruwa ba nang le tshwaetso ya HIV.
Lefapha le tlamehile ho lekola menyenyetsi ya ho tlatlatjwa ha batshwaruwa ke basebeletsi ba tjhankane mme dikamano di etswe hore e be tse hantle, tse shebaneng le ho hlabollwa ha batshwaruwa maemong ao a jwalo.
Re tlo amohela bahahlaudi naheng ena ya rona ho tswa mafatsheng a ka ntle, ho tla boha dipapadi tsa Mohope wa Lefatshe. Re tshepa hore lefapha le bonetse pele haholo hore ho tla kwallwa batho ba bangata, hodima tshubuhlellana ena e teng hajwale.
Ha ke qetela, Motsamaisi wa Dipuisano, ho a hlokahala hore ke kope Motlatsa Letona ho potlakisa taba e tlisitsweng ka pela hae le Letona, ke komiti ya ditletlebo mabapi le batshwaruwa ba babedi ba tjhankaneng ya Kroonstad. Re tshepa hore Letona le tla nka qeto e nepahetseng kamora ho fumana keletso ya semolao ho tswa ho boramolao ba mmuso. Ke a leboha. [Mahofi.] (Translation of Sesotho speech follows.) [Mr T M H MOFOKENG: Chairperson, Deputy Ministers, Mr Nel and Ms Mkhize, hon members of the Council let me take this opportunity to welcome our visitors from Correctional Services. This would only be seen under an ANC- led government where there is the desire to rehabilitate prisoners. Again let me take this opportunity to congratulate the two gentlemen appointed in the Department of Correctional Services, Mr Moyane and Mr Sokhela, on the work that they have been chosen for.
Chairperson, our elders said a long time ago at the people's congress in Kliptown that South Africa belongs to us all, black people and white people. No government will govern if it does not adhere to the principle of a government of the people by the people and for the people. They further emphasised that all will be equal before the law.
The introduction to the Constitution notes the lack of justice in the past. It honours those who were persecuted during the struggle for the freedom of our country, as well as recognises those who have served and helped to develop our country. The commitment to build a country free of discrimination on the basis of race or gender necessitates that the budget should focus on the issues that are still left from the past which are a reminder of where we come from.
It is not enough that we should only be proud of the Constitution that protects human rights, as well as the fact that oppressive laws of the past have been eradicated. However, there are still some lawyers and judges in our courts who drag their feet in the implementation of changes that are in the best interests of our democracy. There are some legal practitioners who defended the apartheid government and who benefited from its policies, who have been taught to behave patronisingly towards black people, and who find it difficult to accept the ANC-led government. This can be seen through some of the decisions taken in the courts.
We are not defending criminals but we are saying that the law must work in full. There are some cases where black people who have committed minor transgressions have been sentenced without considering whether it is a minor or a major offence. But in cases where white people have killed black people and say that they thought they were seeing a monkey it is said that they should be taken for psychiatric observation before they are sentenced. We understand the independence of the courts but there will never justice.
We also are expected to keep quiet when the courts decide against us singing struggle songs. We respect the guidance of our organisation that we should act with restraint but we will sing irrespective of the court's decision.
This budget must take into consideration that the changes that must be implemented in the administration of justice should take into account black people, coloureds, Indians, and women in particular as well as the disabled people. We support the decision taken to appoint a female as judge president.
This budget must ensure that black legal firms benefit from contracts and work from all government departments that need legal services. This must be accompanied by training of a high standard that they should get from law schools so that they are in a position to fulfil their responsibilities efficiently.
This budget must help the department to have good relations with universities of this country so that the law subjects they offer are in line with the legal vision of this country. The training of lawyers in the courts must help in expediting court cases in order to avoid overcrowding in the prisons. The tendency of remanding court cases without offenders being present in court should be reviewed and the courts should be established according to the plans of the municipalities. Hopefully the department will extend its campaign, Re se re fihlile [We have arrived], in order that the services of the Attorney-General reach out to the rural areas.
This budget must also ensure that the courts facilitate the services regarding child grants, especially in the rural areas. The number of places of refuge for victims of abuse and rape, such as Thuthuzela, must be increased. We commend the department for the efforts it is making in the fight against women and child abuse. These include that children who are awaiting trial should not be incarcerated in the same cells as adults; implementation of the Child Justice Act; assistance given to victims of crime; construction of courts of law that are safe and fixing those that are in a state of disrepair, as well as tackling the issue of disappearing dockets and dealing with corrupt employees.
This budget should help the department to speed up as well as to bring to a conclusion the compensation claims that are still outstanding of victims of human rights abuses from the Truth and Reconciliation Committee, TRC.
The department must evaluate the work done by the Magistrates' Commission especially concerning the suspension of the magistrates in regard to the violation of the code of ethics that they have committed.
We have observed the noises being made with regard to the imminent changes that are to be effected in the administration of justice, as well as the interventions of the Minister and the President. We hope that their guidance will satisfy all those who are interested in the administration of justice.
As far as changes that are in the best interests of the administration of justice in this country are concerned, the department must not hesitate to implement them. We will support them totally. We understand the importance of being given the opportunity of hosting the World Cup and we are aware that criminals from other countries will be in the country. Therefore, we hope that the department is prepared to deal with people who will break the law.
The rehabilitation of prisoners is one of the most important responsibilities that the Department of Correctional Services is faced with. Prisons in this country are full of prisoners who have been jailed for different types of crimes. The truth is that before all prisoners break the law and find themselves in the situation they are in, they are members of society. The different types of crimes that they have committed were perpetrated against the very society which, after they have completed their sentence, they will return to. The question is: Do they go back as thieves who are going to steal again or do they go back as changed citizens who respect the community and the law of the land? What role should society play to ensure that when they come back, they come back rehabilitated?
Several detention centres that we visited as a committee are full of youths who will be there for a long time. This budget must help the department with a plan that will make the rehabilitation of prisoners the highest priority. Concerning the excellent work that the department is doing, it must also consult with the churches, schools and civil society, as well as business, in order to share ideas about how they can rehabilitate prisoners together. The Constitution of this country protects the rights of all individuals including prisoners. The overcrowding in our prisons is stifling rehabilitation efforts from being properly implemented. The overcrowding prevents prison employees from focusing their energies towards the rehabilitation of individual prisoners.
The high number of prisoners does not correlate with the small number of prison officials. This results in it being difficult to focus on security, thus leading to in prisoners escaping. Some of them are assisted by the very prison officials and the department must deal harshly with such individuals. Unfilled positions must be filled by hiring people who have administrative competence. Those who are already working must be paid good salaries so that they do not look for greener pastures and end up leaving. This budget must help in drawing people to come and support the department.
We applaud the department for the buildings it has constructed and the ones it has repaired and we would like to say that more should be built as a matter of urgency, as well as repairing others in order to get rid of overcrowding.
In one of the areas that we visited the place where prisoners are kept and where food is prepared is an embarrassment. The report that we received was that in one of the prisons mentally disturbed prisoners are kept with normal people and there is no assurance that this is not dangerous. We welcome the department's plan that children must not be kept together with adults, which is what the law stipulates. This budget must also review the issue of women who get pregnant as well as those incarcerated with their babies. It is a sad state of affairs to see a child growing up in jail because of the indiscretions of the parent. If only there could be a way in which they could be taken to other places of safety.
The practice of employing prisoners as one of the methods of rehabilitation must be reviewed to ensure that where they are working is secured, so they are not going to escape or cause problems.
This budget must ensure the care and good treatment of prisoners, including a healthy diet as well as good care when they are sick. This can only happen when the department hires health workers who can help with health care, especially with regard to inmates living with HIV.
The department needs to investigate rumours of assault on prisoners by prison officials and thus restore good relations that focus on the rehabilitation of prisoners who are in that situation.
We will be welcoming tourists to the country who are coming to watch the World Cup. We hope that the department has anticipated that many people will be arrested, over and above the overcrowding that is already there at the moment.
In conclusion, Chairperson, it is necessary for me to ask the Deputy Minister to speed up the issue brought before him and the Minister by the grievances committee in relation to two prisoners in a Kroonstad jail. We hope that the Minister will take a decision after getting legal advice from state lawyers. Thank you. [Applause.]]
Chairperson, hon Deputy Ministers, hon colleagues, hon guests, the Department of Justice and Constitutional Development and the Department of Correctional Services are very important pillars in our fight against crime in the country.
I believe, as I have said on previous occasions, that the systems are in place. However, in both these departments it is the implementation that is not realised. This is due to bad management and a lack of responsibility and discipline.
Ons aanvaar dat ons regstelsel heeltemal onafhanklik moet wees en streng net volgens die Grondwet en landswette moet optree. Ons glo dat 'n onafhanklike regstelsel die Grondwet en die demokrasie van 'n land beskerm en bewaar. Ons is trots op ons Grondwet, maar dan moet die regstelsel en die politiek geskei wees.
Ons is egter bekommerd as ons na die aanstellingsprosedure van die topbeklers van sekere poste kyk. Die Pikoli-drama, asook die ondersoeke rondom regter Hlophe, plaas 'n vraagteken op die stelsel. Beide hierdie gevalle was nie opbouend vir ons regstelsel en regering nie. Ons glo daar is te veel mag in die hande van politici - en veral die regerende party - by hierdie aanstellings.
Daar moet gesoek word of gepoog word om hierdie aanstellingsprosedure te hersien. Ons eer en respekteer ons regters-president, ons hoofregter en al die regters van die verskillende howe en wil hulle beskerm teen enige bewerings wat hulle onafhanklikheid en integriteit aantas. Hulle is die bewakers en bewaarders van ons land se mense.
In ons laer howe glo ons die groot probleem is vertragings. Sake word verskeie kere uitgestel om 'n wye verskeidenheid van redes. Soms is die getuienis deurmekaar of soms ontbreek sekere belangrike dele; of soms blyk dit net laksheid en nalatigheid te wees. Dit is opvallend dat effektiwiteit, produktiwiteit en verantwoordelikheid ontbreek.
Die Departement van Justisieen Staatkundige Ontwikkeling se taak is om aan almal 'n regverdige verhoor te verseker en seker te maak dat misdadigers gestraf word.
Dit is dus om dissipline in die land te verseker, maar hier skiet ons stelsel ver te kort en word die menseregte van misdadigers te hoog aangeslaan. Te veel sake word teruggetrek as gevolg van tegniese foute en die misdadigers loop vry. Daar sal maniere gevind moet word om die agterstand van die howe en die onnodige vertragings uit te skakel, andersins beweeg ons na 'n sfeer van totale wanorde.
Die Departement van Korrektiewe Dienste is daar om die vonnisse, opgel deur die howe, uit te voer. Beteken dit dan dat misdadigers opgesluit word vir 'n tydperk en dan weer losgelaat word om maar weer te gaan oortree? Toestande is haglik en geleenthede word gegee om te beplan vir die volgende misdaad. Ons het 'n oorbevolking van 139,747%! Gevonnisde gevangenes was 114 282 en verhoorafwagtenes 50 511 op 31 Maart 2010.
Ons glo dat daar te veel klem gel word op straf en dat die departement 'n klemverskuiwing moet ondergaan na rehabilitasie. Daar moet geleenthede geskep word vir gevangenes om opleiding te ontvang, sodat hulle toegerus kan word om 'n beroep te gaan beoefen as hulle hul straf voltooi het. Hy of sy moet 'n geleentheid gegun word om hom of haar te rehabiliteer.
Hier word met mense gewerk; mense met persoonlikhede en gedragspatrone wat gewoonlik baie deurmekaar is.
Daar moet aandag gegee word aan hoe hierdie mense die probleme en uitdagings van die lewe kan hanteer en hulle moet geleer word wat bring werklik geluk en vrede in jou lewe. Ons moet die getal mense wat misdaad as 'n lewenswyse sien, verminder en probeer om hulle effektiewe, ekonomies onafhanklike burgers te maak.
Die koste om hierdie instellings aan te hou, is ook baie hoog. Dit beloop meer as R40 miljoen per dag. Daar is so baie ander behoeftes wat aangespreek kan word. Gevangenes kan arbeid verrig en 'n bydrae maak tot die land se ekonomie.
Die taak van die amptenare is grotesk. Dankie vir die werklik verantwoordelike amptenare wat hierdie uiters ondankbare werk verrig. Die departement het egter ook amptenare aan die anderkant wat floreer uit al die bendebedrywighede. Hierdie oorheersing deur bendes van die gesag in die instellings, is seker die enkel grootste probleem wat uitgeroei moet word. Daar moet maniere gevind word om hierdie mag van bendes te breek.
As ons na die Witskrif op Korrektiewe Dienste van 2005 kyk, dan het ons 'n uitstekende plan wat toegepas en uitgevoer moet word, maar ongelukkig word dit nie effektief gedoen nie. Dit is ook 'n groot bekommernis dat die departement verskeie gekwalifiseerde ouditverslae oor die afgelope jare ontvang het. Tydens hulle voorlegging aan die komitee, was omtrent al die amptenare waarnemend. Daar moet dus foute in die toepassing van die stelsels wees. Die rol wat Justisie en Staatkundige Ontwikkeling en Korrektiewe Dienste speel in ons stryd teen misdaad, is fenomenaal. Korrektiewe Dienste moet puik funksioneer as ons misdaad in hierdie land wil beheer. Ek dank u. [Applous.] (Translation of Afrikaans paragraphs follows.)
[We acknowledge that our legal system must be completely independent and must act strictly in accordance with the Constitution and laws of the country. We believe that an independent legal system will protect and preserve the Constitution and the democracy of a country. We are proud of our Constitution, but then the justice system and the political system should be separated.
However, we are concerned when we look at the appointment procedure of the top incumbents of certain posts. The Pikoli drama, as well as the investigations around Judge Hlophe, raise some concerns about the system. Both these cases were not constructive to our legal system and government. We believe that too much power is concentrated in the hands of politicians - especially the ruling party - with regard to these appointments.
We have to look at or attempt to review this appointment procedure. We honour and respect our judge president, our chief justice and all the judges of the different courts, and we want to protect them against any allegations that may infringe upon their independence and integrity. They are the guardians and custodians of the people of our country.
With regard to our lower courts, we believe delays to be the major problem. Cases are postponed numerous times due to a variety of reasons. Sometimes the evidence is unclear or certain important pieces have been omitted; at other times it appears to be due to slackness and negligence. It is obvious that there is a shortcoming with regard to efficiency, productivity and responsibility.
The task of the Department of Justice and Constitutional Development is to guarantee everyone a fair trial and to make sure that criminals are punished. It is therefore to ensure discipline in the country but here our system has many shortcomings and too much value is placed on the human rights of criminals. Too many cases are withdrawn due to technical mistakes, and the criminals walk free. Ways will have to be found to eliminate the backlog in the courts and the unnecessary delays, otherwise we will be moving towards a sphere of total chaos.
The task of the Department of Correctional Services is to execute the sentences that the courts have imposed. Does that then mean that criminals are locked up for a period and are then freed in order to transgress again? Conditions are terrible and opportunities arise to plan the next crime. We have an overpopulation of 139,747%! As at 31 March 2010 sentenced prisoners totalled 114 282 and awaiting-trial prisoners totalled to 50 511.
We believe that too much emphasis is placed on punishment and that the department needs to undergo a shift in emphasis to rehabilitation. Opportunities must be created for prisoners to receive training, in order for them to be able to ply a trade, once they have served their sentence. He or she must be given an opportunity to rehabilitate themselves.
Here we are working with people; people with personalities and behavioural patterns that are not usually clear-cut.
Attention must be given to how these people can handle the problems and challenges of life, and they must be taught what brings actual happiness and peace in their lives. We have to reduce the number of people who see crime as a way of life and try to make them efficient, economically independent citizens.
The cost to sustain these institutions is also very high. It amounts to more than R40 million per day. Many other needs also have to be addressed. Prisoners can provide labour and in that way contribute to the economy of the country.
The task of the officials is grotesque. Thank you to the truly responsible officials who do this very thankless work. On the other hand, the department also has officials who flourish due to all the gang activities. This domination by gangs of authority in institutions is certainly the biggest single problem that needs to be eliminated. Ways will have to be found to break this power that gangs have.
If we look at the White Paper on Correctional Services of 2005, we have a brilliant plan that we can institute and implement, but unfortunately this has not been done effectively. It is also of great concern that the department has received various qualified audit reports over the last couple of years. During their submission to the committee, nearly all the officials there were in an acting capacity.
There have to therefore be mistakes in the implementation of the systems. The Departments of Justice and Constitutional Development and Correctional Services play a phenomenal role in our fight against crime. Correctional Services has to function brilliantly if we want to control crime in this country. I thank you. [Applause.]]
Hon members may I explain that the next speaker, hon Nesi, will deliver his speech from where he is seated. Most of us understand why; so you can carry on, Nesi.
Chairperson, the Deputy Minister Mr Nel, hon Deputy Minister Ms Mkhize, hon members of the House and guests, I'm honoured to be taking part in this debate today, a day after we have celebrated Africa Day. Yesterday reminded me that we are still going to celebrate these milestones as a developing nation that has all it needs at its disposal to ensure a brighter future for generations to come.
Within no time we will be celebrating the 55th birthday of the Freedom Charter, a charter which the late president-general of the ANC Oliver Tambo referred to as the people's document. This document has proved over decades and from generation to generation that it indeed embraces the interests of all South Africans, hence I quote what our forebears proclaimed:
All shall be equal before the law!
It has been 16 years since we entered the corridors of power as the ANC. In these 16 years we have done many things in an attempt to fulfil the dreams of our forefathers and mothers, which were articulated in 1955. However, more needs to be done to eradicate the apartheid legacy.
Building a society founded on democracy and human rights; protecting people against violence and intimidation; and ensuring equal justice for all, especially those from previously disadvantaged communities, will not be an easy task. The slow pace of legal reform and transformation in the Department of Justice and Constitutional Development confirms the latter. For example, the proposal on child justice, which was made in 1994, only came to fruition 16 years later when the Child Justice Act came into operation on 1 April 2010.
The transformation of the Bench to be more representative in terms of race and gender remains a challenge.
Ngokuphathelele kulo mba, siyiANC siyancoma xa kusithiwa iijaji ezingoomongameli ezisuka eRhini mazithunyelwe eBhisho. [With regard to this issue, we the ANC commend the decision that judge presidents from Grahamstown must relocate to Bhisho.]
It is in line with the Polokwane resolutions when we said ...
... ezi Nkundla ziPhakamileyo kufuneka ziye kubekwa apho iintloko-dolophu zamaphondo zikhoyo. [... that these High Courts must relocate to the provincial capitals.]
It is evident that the Deputy Minister was there in Polokwane; he did not run out of the conference. [Applause.]
More needs to be done to ensure that more female and black candidates are appointed to the judiciary. We welcome the appointment of South Africa's first female judge president on 5 May 2010. We further welcome the intentions by the department to establish at least one Small Claims Court per magisterial district. This will ensure greater access to justice, especially in rural Mpumalanga, Limpopo and the Eastern Cape.
Sihlalo, xa abantu baseKokstad befuna ukufikelela kwiiNkundla eziPhakamileyo eMpuma Koloni kufuneka bahambe umgama ongangeekhilomitha ezingama-800 ukusuka eKokstad ukuya eBhisho. Kanti abaseMonti xa besiya eRhini kwiNkundla ePhakamileyo kufuneka bahambe iikhilomitha ezingamakhulu amabini anento.
La Nkundla iPhakamileyo iseRhini ibiyiNkundla ePhakamileyo yeMpuma Koloni endala eyayiphantsi kweriphabliki. Le iseBhisho yayiphantsi kukarhulumente waseCiskei nowaseTranskei ababeyinxalenye yoorhulumente ababesakubizwa ngokuba ngoorhulumente abayiTBVC. (Translation of isiXhosa paragraphs follows.)
[Chairperson, when people from Kokstad want to access the High Courts in the Eastern Cape, they must travel a distance of approximately 800 km from Kokstad to Bhisho. Meanwhile, those who reside in East London must travel more than 200 km.
That High Court in Grahamstown was a High Court of the old Eastern Cape which was under the republic. The one in Bhisho was under the Ciskeian and Transkeian governments which were formerly known as the TBVC states.]
So the legacy of apartheid is still there after 16 years. It is for this reason that we welcome this move by the department ...
... yokutshintsha ukucwangciswa kweza nkundla eMpuma Koloni, eLimpopo nakuzo zonke ezi ngingqi. [... to transform the courts in the Eastern Cape, Limpopo and all the other regions.]
We understand that many people are going around campaigning that the court in Grahamstown must not be moved. Such people are sowing seeds of confusion among our people ...
... ngoba akuhanjiswa nkundla. [... because the court itself is not moved.]
No jobs are going to be lost. What is being undertaken is the rearrangement of the justice system so that it is able to deliver justice to our people. While the justice service is to be increased, the quality of that service will not take us to the realisation of our goal of "All shall be equal before the law!", if the language used in these courts is not the one that is used by those communities.
Ukuba uza kuthatha umlungu umenze ijaji, umantyi, itoliki, igqwetha okanye umtshutshisi, ngaloo ndlela uzakuba uvimba aba bantu ithuba lokuba bakwazi ukuzithethela kwaye bafikelele kubulungisa ngendlela eyiyo. (Translation of isiXhosa paragraph follows.) [If you are going to take a white man and make him a judge, a magistrate, a court interpreter or a prosecutor, that way you are depriving these people of the opportunity to defend themselves and receive the justice they deserve.]
So the issue of language in these courts is very important. If gender representation in those courts does not reflect the demographics of the victims ...
Ukuba amagosa kwezi nkundla iza kuba ngamadoda - oko kukuthi umantyi, umtshutshisi, ipolisa elikhwaza umntu, namagqwetha - babe abantu abaninzi abaze kufaka izimangalo ingoomama; naleyo ayisoze isincede. Kuza kunyanzeleka ukuba siqiniseke ukuba kwezi nkundla - ukuba sithetha ngokufikelela kubulungisa - zonke izini zimelwe. Oomama kufuneka bakwazi ukubhekisa kubantu ababaqondayo njengoomama. (Translation of isiXhosa paragraph follows.)
[If officials in these courts are going to be men - meaning that the magistrate, the prosecutor, the police officer who calls the accused and lawyers are all men - whilst the majority of the people who have laid charges are women, that will never help us. It is imperative that we ensure that in these courts - if we are talking about accessible justice - all genders must be represented. Women must be able to speak to people who will understand them as women.]
We also need to address the issue of race, as I have mentioned. We are only at the beginning of a long journey to a truly united, democratic and prosperous South Africa in which the value of all citizens will be measured by their humanity without regard to race, gender and social status.
As a developmental state, South Africa's acceleration of transformation of the entire court system will go a long way to further improve the confidence of the people of South Africa in our criminal justice system.
This budget and its intentions reflect the resolutions taken at the 52nd national conference of the ANC in Polokwane. It is evident that the Minister and the Deputy Minister didn't run away to Cope in Bloemfontein when they couldn't cope inside the hall!
Indeed, their intentions and those of the department as a whole are echoing the voices of those fathers and mothers who clenched their fists and raised their voices in Kliptown in 1955 and loudly proclaimed: "All shall be equal before the law!"
In conclusion ...
... masivakalise iminqweno yokuba aBafana Bafana bakwenza ubulungisa ngomhla we-11 kuJuni eSoccer City eRhawutini ... [... let us convey our wishes that Bafana Bafana will do justice on 11 June rise to the occasion at Soccer City in Johannesburg ...] ... where they will deliver to the Africans the African century.
Sihlalo, iANC iyayixhasa le Voti yoHlahlo-lwabiwo-mali. [Chairperson, the ANC supports this Budget Vote.]
We further conclude by echoing the words expressed by the current President Jacob Zuma, when he declared this year the year of action. The call he made that we must act harder, smarter and faster should be a constant reminder to this department that we are behind schedule. Thank you. [Applause.]
Deputy Chairperson, hon Deputy Ministers and Minister of Correctional Services, I will start with the issue of perception related to consultants. Is what we are hearing true - because we want this House to be clear - that consultants have now taken over from the staff in delivering services in Correctional Services? Is it true that an amount of about R200 million, over the past two years, has been used to pay consultants? If so, why?
We also heard that the people who are consultants are former employees of Correctional Services. What is the problem; why is this thing not cleared up? I should have heard the Minister when he was standing here saying what we have seen or read in the newspaper is incorrect and here is the correct version. That would have put government in the right perspective and we would not have to believe in newspapers. It can be believed that this thing is true; this year there is no way the budget for consultants was made available. It shows what we have read is true. The issue of Kutama and Mangaung prisons is that they are run by former employees of the Department of Correctional Services. They were in service when they went through the back door to get a job again to maximise their wealth.
With regard to the backlogs occurring in the Ministry of Justice and Constitutional Development, why can't new methods of administration be utilised to curb them? Also, what happened to the preparatory examination we used to have in order to do away with the backlog? We used to have a preparatory examination whereby everything was put in place procedurally. If we do this, we are definitely going to see changes.
I want to align myself with the view expressed by hon Nesi regarding the issue of jurisdiction: For 15 years a person has still had to take a prisoner from Mabopane to Mafikeng; let us rectify this. We love to debate this thing while we are supporting the budget. We know that it should take place in a correct manner.
The issue of language in courts - oh no! What one can say - it's just a story. Ek sal so s. [I will put it this way.]
Because if you get a black person who is TshiVenda-speaking and the magistrate is also Venda, why do they still interpret into English because we have judges like Judge Moseneke who understands IsiZulu and SeSotho? You know such things ... Oh, yes, thanks. [Time expired.][Applause.]
House Chairperson, hon Deputy Minister of Justice, hon Deputy Minister of Correctional Services, members of the House, and all protocol observed; the ID believes that a number of decisions by this Ministry of Justice and Constitutional Development over the past years have placed the principle of the independence of the judiciary and the National Prosecuting Authority, NPA, under threat.
For the record, the ID has repeatedly made its view on the appointment of Menzi Simelane clear. The appointment of this arrogant and almost definitely dishonest former Director-General of Justice, and later the Deputy Director of the NPA, as the country's new National Director of Public Prosecutions was an indictment on the government. Instead, this man was rewarded by government by getting a job promotion.
With regard to Correctional services, the ID remains concerned that South Africa's correctional centres are hopelessly overcrowded and are not up to the task of rehabilitating criminals. The department has been mandated to rehabilitate, develop and train offenders with different skills in order to become responsible citizens.
Chair, we must look at them and tell them that they are welcome in society to play their role in the community. Unofficial statistics report that over 70% of criminals who leave jail revert to their criminal ways. As we look outside the foyer of this House, we see the talent and skills displayed in the work that these offenders can do. It is of utmost importance to help them change their thinking as well as their attitude.
We must alleviate the overcrowding in our prisons by cutting down on the number of awaiting-trial prisoners who are languishing in jail. The conditions that some of these prisoners are held under are unacceptable, for example those at the King William's Town prison. We must also ensure that awaiting-trial cases are processed far more efficiently by the justice system, and encourage alternatives to incarceration for less serious offenders.
Finally, the ratio of warders to prisoners needs to be reviewed and justified, while the danger allowance needs to be increased drastically. The income inequalities between ordinary warders and high officials like commissioners and their deputies must be reviewed.
Hon Chair, allow me to say this in Afrikaans.
Jy kan nie iemand in 'n gevangenis aanhou en nie hierdie persoon help om sy menswaardigheid terug te kry nie. En die departement s vir ons dat hulle besig is om mense te rehabiliteer. Om mense te rehabiliteer, beteken dat ek jou moet help om 'n beter mens te word sodat jy kan groei en sodat jy iemand kan wees in die gemeenskap. Ek dank u, en ons ondersteun die begrotingspos. [Applous.] (Translation of Afrikaans paragraph follows.)
[One cannot detain somebody in prison and not assist them to regain their human dignity. And the department informs us that they are busy rehabilitating people. In order to rehabilitate a person one has to assist that person to become a better person so that they can grow and become a member of the community. I thank you, and we support the Budget Vote. [Applause.]]
UMntwana M M M ZULU: Sihlalo, amaPhini oNgqongqoshe womabili, izinhloko ezintsha zoMnyango Wezokuhlunyeleliswa Kwezimilo , kumbalwa mhlonishwa Ngqongqoshe eMnyangweni Wezokuhlunyeliswa Kwezimilo engicabanga ukuthi kufanele kubhekisiswe kahle. Kufanele kubhekisiswe kahle uhlelo lokuboshwa kwezingane zethu ezincane bese zivalelwa nabantu asebemadolomhlophe ngoba sibuye sizihlukumeze. Enye yezinto okufanele ibhekisiswe leyo, nokuthi singenza kanjani ukuthi lezo zinto zincishiswe. Yilokho nje okungikhathazayo kuleyo ndawo. (Translation of isiZulu paragraph follows.)
[Prince M M M ZULU: Chairperson, both Deputy Ministers and new heads of the Department of Correctional Services, there are only a few things in the Department of Correctional Services that I think need to be revisited. The issue of arresting young people and putting them in the same cells as older people needs to be revisited because they are being subjected to abuse. That is one thing that needs to be revisited, as well as looking at what we can do to reduce those instances. That is my only concern at the moment regarding this issue.]
Hon member, please raise your voice.
UMntwana M M M ZULU: Ngeke ngisakubala okuningi ngoba ushilo uku thi inkohlakalo uzoyehlisa kanjani eMnyangweni wakho. Lokho kuyabongeka ngoba yizimali zomphakathi lezi okufanele zibe nokuvikeleka. Ngakho alikho izwe eliphumelelayo uma linenkohlakalo.
Lokhu siyakubonga, yingakho siyiqembu le-IFP siseseka lesi sabiwomali ukuze ukwazi ukubhekana nezinselele ezibhekene nezwe lethu. Nokuthi ubheke lawo madolobhana amancane analezo zitokisi, ukuze kubhekisiswe kahle ukuthi kuzokwenziwa kanjani ngalezi zingane eziboshwa zihlanganiswe nabantu abadala, bese bezigila yonke imikhuba.
Ngiyazi ukuthi uMnyango Wezobulungiswa yiwona Mnyango oyisikhumba sethu sokwembatha ngoba uphethe Umthethosisekelo wezwe. Kufanele ubheke ukuthi lezi zinto zihamba kahle yini. Nokusheshiswa kwezidingo zokuba kugwetshwe labo bantu abanamacala, kuthet hwe amacala abo ngokukhulu ukushesha ukuze kubonakale abantu bengahlali kakhulu emajele. Ngoba lokho kudla kakhulu imali kahulumeni, uma uMnyango Wezobulungiswa ungakwazi ukubhekana nezinselele ezikhona.
Njengoba sikhuluma ngo-2010 - igugu elikhulu lethu njengabantu baseNingizimu Afrika, kufanele sibheke njengoba kuzobe kukhona izihambi ukuthi singaphoxeki, ngoba phela ubugebengu sibuye sibenabo ngenxa yendlala. Izinkantolo lezo uNgqongqoshe ayethe zizosungulwa, mazisungulwe ngokushesha ukuze kushushiswe labantu abazobe benza okuphambene nomthetho kulelizwe lakithi.
Bese sibheka ukungaxhumani kahle koPhiko Lwezokushushisa Lukazwelonke njengoba uNgqongqoshe ebeseke wakusho ukuthi ubudlelwane phakathi kwalawa mahhovisi womabili abubuhle kahle. Mhlonishwa Khabazela, kufanele niqinisekise ukuthi lezi zinto ziyancishiswa ukuze sikwazi ukusebenza ndawonye, ngoba ngeke sivume ukuthi iMinyango izenzele noma yikanjani ngaphandle kokulawulwa yinina. Nina nibekiwe njengosombusazwe ukuthi neluse futhi niqinisekise ukuthi ubudlelwane buhamba ngendlela. Njenge-IFP siyazesekela zombili lezi zabiwomali zeMinyango yomibili. Ngiyabonga. (Translation of isiZulu paragraphs follows.)
[Prince M M M ZULU: I will no longer mention everything because you did say how you intend reducing corruption in your department. We applaud that, because it is the taxpayer's money that needs to be protected. No country succeeds when corruption is rife. As the IFP we applaud this, which is why we support this Budget Vote. It will assist the department in dealing with the challenges facing our country; as well as revisiting the issue of small towns with small prisons, so that we can look at what will be done with regard to the young people who are arrested and put in the same cells as older people, who abuse them in many ways.
I know that the Department of Justice and Constitutional Development is the department we can rely on because it upholds the Constitution of our country. It must see whether or not these things are on the right track - the speeding up of the processes to convict guilty people, to get their cases heard quickly so that people do not spend too much time in prison. If the Department of Justice and Constitutional Development fails to deal with the challenges, it wastes more government funds.
As we are talking about 2010 and since there will be visitors, our great pride as the people of South Africa will be to ensure that we are not humiliated because of crime, which is perpetuated by poverty. The courts, that the Minister said will be established must be established quickly so that those who will be transgressing the law in this country will be prosecuted.
The issue of the National Prosecuting Authority must be revisited since the Minister has mentioned before that the relationship between these two offices is not in harmony. Hon Mkhize, you must make sure that these things are reduced so we are able to work together, because we cannot let the departments do as they please and not be administered by you. As the ruling party you are expected to steer and make sure that the relationship is pleasant. As the IFP we support the Budget Votes of both departments. Thank you.]
Chairperson, hon Deputy Ministers, first and foremost I would like to sincerely thank the Council for wishing me a speedy recovery whilst I was in hospital. I am now fully recovered. [Applause.]
I want to mention one or two things to my two friends, the general and my friend Gunda, before I get to the business of the day. [Laughter.] I would like to remind them that these individuals they are concerned about are professionals and they have their own merit. We do not feel sorry about appointing them to positions because they do qualify on merit. [Applause.]
Chairperson, I am rising on behalf of ANC to make an input in this policy debate on Budget Vote No 20 - Correctional Services. We are doing so not because we have counted rands and cents and concluded that the allocation is adequate, but because of our conviction that this budget demands specific conduct from the officials responsible for the operations and implementation of programmes for the department.
For us, this allocation of R15 billion is an efficiency- and competency- oriented budget that requires financial discipline, diligence and effective decision-making on the part of the department and the Ministry as they hunker down to implement service delivery to our people.
We are supporting this budget fully aware of the challenges that the department has been facing for many years now, which include, amongst other things, qualified audits, high vacancy rates, a lack of internal systems and structures, escaping of prisoners, overcrowding, irregularities in procurement and corruption of staff members, as indicated in the input of the Minister.
Despite these problems that have plagued the department for so long, we are, however, encouraged by these allocations, which show that the greater portion is going to facilities, which in turn will reduce overcrowding, create more bed space and provide for other programmes, like the developmental and care programmes for the inmates.
With regards to current facilities that are either upgraded or newly built, we would like to emphasise to the department that it should act with speed in commissioning these facilities, particularly the Kimberley Correctional Centre and those in the Western Cape; there were indications during our oversight visit that they would have been finished by the end of last year. However, the R2 billion allocation for rehabilitation and reintegration of offenders into families and society is placing a big challenge before the department to implement the programmes effectively and ensure that there is value for money, because as the President of the country instructed in the state of the nation address, this year is the year of action.
Therefore, the departments must work faster, harder, and smarter to ensure that this R2 billion is effective because the critics are arguing that we are allocating a small amount of money for the rehabilitation and reintegration of offenders.
Therefore, the demand is that the department must ensure that they effectively implement these programmes in partnership with civil society and the public-private partnership, PPP, entities to enhance the implementation of the programmes.
Indeed, we must emphasis the need to pay serious attention to programmes that are aimed at correcting offending behaviour and ensuring that the majority of our offenders are prepared for reintegration through the active involvement of the victims and communities.
We are, however, fully conscious of the fact that the conditions and the legacy under which crimes are committed include, amongst other things, poverty; hunger; unemployment; illiteracy; dysfunctional families; the absence of care and authority figures in communities; and greed, particularly amongst affluent families, which causes them to look for a quick-fix solution, namely to commit a crime.
It is, therefore, important for the department to now revisit the objectives of the White Paper and come up with implementation strategies for Correctional Services. These strategies should emphasise the need for courts, sentenced people and the correctional officials to understand rehabilitation as key when sentences are handed down. The purpose of the correctional system in South Africa is not ... Thank you, Chairperson. [Time expired.] [Applause.]
House Chairperson, Deputy Minister of Correctional Services, hon members, I would like to add my voice to those that were heard at the beginning of this session welcoming back the hon Nzimande and wishing him well.
Hon members, thank you very much to all who participated in this debate. It was a useful and informative debate. Certainly, many of the issues that have been raised have been noted by the Department of Justice and Constitutional Development.
I would like to reiterate once again our gratitude to members of the select committee who interacted very thoroughly with the department on our strategic plan and budget and made very valuable inputs. I would want to touch upon some of the issues that were raised in the course of the debate.
First of all, we can't agree more with the sentiments expressed by the hon Mofokeng and Nesi when they said that it can't be enough for us to be proud that we have put in place a new Constitution, and that we've repealed the laws of apartheid. We must go beyond that. That is really what lies at the heart of our quest to transform the justice system: It is to make a reality of all that's contained in the Constitution.
The Constitution can't live on paper; it must live in the hearts and minds of people; it must live in the everyday reality of people. We must make sure that people know their rights. They must understand their rights, and must have the mechanisms to enforce those rights, as well as the knowledge and assistance to do so. That is what access to justice is about.
Secondly, a number of the issues have been raised by the hon Mofokeng. He raised issues that are critical to the transformation of our legal system as a whole. He touched upon the question of briefing patterns. That is a matter that will be dealt with shortly, when the Legal Practice Bill is introduced in this House. It is also receiving attention. The department has set very definite targets for the briefing patterns of the state with regard to black practitioners. The question of the extension of High Court services and other services to rural areas is something that is receiving the highest attention, as we indicated in our input. That also lies at the heart of our work around the expansion of Small Claims Courts, the conversion of branch courts into full service courts, and the construction of new courts.
With regard to the issue of court judgments with a racial bias, we are aware of those instances where judgments have a definite racial bias. What we can say is that the President has signed the proclamation which puts the Judicial Service Commission Amendment Act into operation from 1 June this year. The commencement of that Act will create a mechanism whereby complaints of that nature can be dealt with. It will also enable Parliament to adopt a code of conduct for judges to ensure that they adhere to the values of the Constitution.
We can also mention that the SA Judicial Education Institute has been established and it's in the process of becoming operational. Once that institute is fully up and running, one of the tasks that it will have will be to give social context training to judicial officers.
The hon member Bekker raised a number of matters relating to the management of cases and backlogs in cases. We have put in place a case flow management system that aims at streamlining those processes. It has also been agreed by judges at the level of both the High Courts and the Magistrates' courts to adopt an approach of judicial case management where the judge will exercise much greater control over the management of cases before his or her court.
Through the implementation of the criminal justice review programme, we have put in place a number of protocols that are designed exactly to make sure that cases go to trial only once they are ready to be tried. In that way, it will speed up those processes. We have had, since 2006, a case backlog project which initially focused only on the regional courts.
That has been a very successful project. It has managed to bring down the levels of case backlogs quite substantially. That project is now being extended to the district courts.
I want to also touch on some of the issues raised by the hon Bekker and hon Gunda: those of the independence of the judiciary and other institutions in our legal system, as well as the making of appointments.
Before I get onto that topic, I would want to recall the words of Mr Paul Graham, the Executive Director of the Institute for Democracy in South Africa, Idasa. He was speaking at a memorial service for the late Dr Van Zyl Slabbert, a great South African to whom I pay tribute and to whom we also pay tribute this afternoon in the NA. What Paul Graham said was that at one of the very first gatherings of Idasa, Dr Van Zyl Slabbert gave an input in which he defined three elements of democracy.
I won't speak on all three of them. The one he spoke about was the concept of bounded uncertainty. What he meant was that in negotiating a democratic dispensation it's important to agree upon the ground rules, not necessarily on the outcomes. Once the rules are in place, the game must be played, and whatever outcome emerges from those rules, we must be willing to accept the results.
I want to appeal to hon Bekker and Gunda to apply that wisdom of the late Dr Van Zyl Slabbert. We have negotiated the Constitution. We have put in place the rules, the structures and the mechanisms such as the Judicial Service Commission, JSC. We have given the President certain powers of appointment. Let us stick to those rules.
No one here has made a cogent argument that in any one of those instances the rules have not been followed. People are unfortunately not happy with the outcomes. That is fundamentally undemocratic, and can I say, in the case of the DA, it's fundamentally illiberal to object to the structures and the rules when you are not happy with the outcomes. Please, let us respect the outcomes of our democratic processes.
The hon Gunda came here blazing. I know that three minutes can be challenging to make a sensible input, but please bear in mind the words of the English writer, George Eliot, who tells us that:
Blessed is the man who, having nothing to say, abstains from giving wordy evidence of the fact.
But that is said on a lighter note. I think the political point that members wanted to make has been made. They haven't necessarily scored those points. We hope that our team will have greater success in scoring them! I have heard. But on a serious note, I think we should refrain from making the important issues of justice, our constitutional democracy and the fight against crime something that is the subject of cheap politicking.
Overall, the debate has been conducted in a good atmosphere and in a constructive manner. We thank all members for that, and we thank you for your support for the budget. I thank you. [Applause.]
Chairperson and hon members, I have an instruction from the officials in our department. They said I should start by emphasising that the Department of Correctional Services is ready for the 2010 World Cup. [Applause.] Basically, this means that our facilities are ready for those members who would step out of line! [Interjections.]
Chairperson, on a point of order: I just wanted to know if the Deputy Minister would be able to take a question on the fact that Correctional Services is ready for the World Cup.
Hon member, I will not take a question.
She said no.
Okay, that means they are obviously not ready. [Laughter.]
Let me start by thanking hon members for the very important issues raised today. For some of the issues, we will make it a point that we give written responses as a follow-up.
Starting with the hon Mofokeng, the question of rehabilitation of offenders is very important. It is the core of our work. As the department, we fully accept that responsibility, and the seriousness that goes with it. We are fully aware that we have a responsibility to ensure that when people come to our centres, we give them an opportunity ukuthi baqale kabusha [... to start afresh].
One of our centres in Mpangeni in KwaZulu-Natal is even called, "Qalakabusha". For us that is the core of our responsibility. In my speech, I did mention that we have realised that we are dealing with deep-rooted, complex social problems that the new dispensation inherited. Its legacy is still with us. Therefore, I fully endorse and agree with members on the responsibilities and the pressure they are putting on us in this respect.
On the question of young offenders, I would like to remind members about the Child Justice Act which came into effect on 1 April 2010. It creates a new opportunity for children in conflict with the law to be treated differently, as seen against what was the case in the past. For instance, this Act makes the incarceration of a child in a correctional facility a last resort.
Children in conflict with the law should be diverted to child justice centres where they will undergo a rehabilitation programme. In other words, they are prevented from finally coming into conflict with hardened criminals. Of course, we are going to continue our effort within the cluster to ensure that the spirit of the Act is implemented.
Hon Bekker raised the question of implementation, which seemed to be a challenge. He also raised the question of rehabilitation. As I have already indicated, we are concurring with that. When coming to implementation, I would also like members to appreciate the dilemma that we are facing. We have inherited a system which was not meant for what we are doing today. As you all know, Correctional Services was highly militarised.
The emphasis was not on rehabilitation. We rely on our officials and our systems to carry out the new mandate. It is a battle and a struggle. We are committed and working hard. Again, I would say that it is one area where you can see that the past is still with us. On the question of rehabilitation, I fully agree that we need every support to overcome this battle, speedily and as soon as possible.
Hon Bekker, on the question of gangs, as a department we are working on a strategy. Firstly, I should admit that it is of great concern to us and that we are fully aware of the risks built into that practice, especially when looking at the high percentage of young offenders. Of course, our policy and strategy is to limit contact. They are separated in different units. We know that with modern technology it is something with regard to which we should be vigilant, and which we should guard against.
On a daily basis, on admission, offenders are warned against gang involvement where necessary. Separate gang leaders are taken out of the province or region, so that they cannot have much contact with those from the community. We don't hesitate to incarcerate gang leaders in maximum centres, even transferring them to places like Mangaung and Kokstad. We also work very closely with security agents who are much more competent and skilled in dealing with gangs. Before a gang-associated person is released, we alert the SAPS, our partner within the cluster.
There was also the question about the consultants. I think it was raised by the hon Makhubela. I must say that the leaking of a preliminary report of the Auditor-General on the management of contracts must be condemned in the strongest possible terms. The Auditor-General's report that was wrongly published was a preliminary one to which management had responded.
We are going to receive a final report within a week, which is expected to be substantially different. We did note that it was a concern, but we are going to give an informed response after receiving the final report, which will have the input of the department.
There was also a question on overcrowding. I think it was raised by the hon Gunda. Overcrowding is an international problem. Generally, there is a trend worldwide that one picks up that the prison capacity tends to exceed the approved limits. But I just wanted to ensure hon members that we are working very hard within the cluster, looking at alternative diversions.
Concerning young people, the Department of Social Development is at an advanced stage in terms of securing centres for them. Within our cluster, there is generally an understanding that as other clusters take their rightful place, we as correctional services, because we are at the receiving end, would be likely to have benefits that are going to ease overcrowding.
On the question of awaiting-trial detainees, who tend to add to our existing problem, as I have indicated, our department was mandated to work on the remand detention centres. We are at an advanced stage. Very soon there will be a White Paper which is going to deal with quite a number of issues. We are hoping that that will help in addressing the question of overcrowding as well, since awaiting-trial detainees will be dealt with, speedily and efficiently.
According to the hon Gunda, there was a 70% chance of almost saying that those people were likely to come out having not been rehabilitated. I am not sure about that percentage. I don't know where the hon member got it from. It doesn't sound in line with our statistics. I think on this one, again, it would be good for us to look carefully at the rate of recidivism and give feedback to hon members, so that they can monitor how well we are doing.
On the question of vacancies, the department has lifted the moratorium on the filling of strategic positions and scarce skills categories. In due course we are going to advertise to fill 414 positions across the board from June this year. We are planning to reduce personnel expenditure from 69% to 63%. That would essentially reduce the vacancies substantially. We are going to keep the House informed of the progress made on this issue.
On qualified audit reports, I must say that the appointment of the highly qualified chief financial officer will help us in coming up with a realistic budget model and expenditure patterns and in being able to adhere to general accounting procedures. Of course, the value of the appointment of the national commissioner cannot be underestimated as he is likely going to provide leadership.
At this point I would like to thank my colleague, the Deputy Minister of Justice and Constitutional Development, the Chairperson and all members who participated in the debate. As the department, we found the debate extremely helpful. I thank you. [Applause.]
Debate concluded.