NW1065E - 20 April 2012

Gareth Richard Morgan to ask the Minister of Justice and Constitutional Development

(1) Whether, with reference to his answer to question 100 on 6 March 2012, the prosecutor has concluded the review of documents and dockets in relation to both INCHANGA CAS 32/06/2011 and INCHANGA CAS 59/02/2008; if not, why not; if so, what are the relevant details; (2) whether the prosecutor has made a decision to institute a prosecution in terms of the above cases; if not, why not; if so, what are the relevant details?

NW1009E - 20 April 2012

Mudene Smuts to ask the Minister of Justice and Constitutional Development

(1) (a) Why was a certain magistrate (name furnished) removed from the office of the Regional Head of the Department of Justice and Constitutional Development in the Western Cape and (b) who ordered the magistrate’s removal; (2) whether any options were considered to remedy the situation without forcefully removing the magistrate; if not, why not; if so, why were these options not pursued; (3) why was the Regional Head of the Department of Justice and Constitutional Development in the Western Cape not available to meet with the magistrate?

NW1074E - 20 April 2012

Annelie Lotriet to ask the Minister of Justice and Constitutional Development

When is it expected that the criminal case of the Department of Human Settlements against a certain councilor (name furnished) and the Dihlabeng local municipality in the Free State will be concluded?

Reply from the Minister of Justice and Constitutional Development on 15 May 2012

There is no deadline for the appointment of the heads of the National Prosecuting Authority and Special Investigating Unit. The President is in the process of appointing the heads of both structures and these appointments will be announced once they have been finalised.

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NW931E - 16 March 2012

Mudene Smuts to ask the Minister of Justice and Constitutional Development

(1) Whether the Office of the State Attorney approached senior counsel from the Johannesburg Bar to provide a legal opinion on the merits of a murder charge against a certain person (name furnished); if so, (2) whether he has been informed of the instruction for the legal opinion; if not, what is the position in this regard; if so, what are the relevant details; (3) whether the outcome of this opinion is of the view that there was a prima facie case against the said person; if not, why not; if so, what are the reasons why the Gauteng South Director of Public Prosecutions (a)(i) withdrew or (ii) suspended the charges and (b) held an inquest; (4) (a) who gave the instruction to suspend or withdraw the charges and (b)(i) why and (ii) on what grounds were these charges suspended or withdrawn?

NW927E - 16 March 2012

Mudene Smuts to ask the Minister of Justice and Constitutional Development

How does he envisage judicial independence should be shaped by the social, political and economic realities in South Africa, as referred to in the discussion document (details furnished)?

NW924E - 16 March 2012

Mudene Smuts to ask the Minister of Justice and Constitutional Development

With reference to the discussion document (details furnished), which court decisions are perceived not to fully advance the transformative purpose of the Constitution of the Republic of South Africa, 1996?

NW823E - 16 March 2012

Luzelle Henrietta Adams to ask the Minister of Justice and Constitutional Development

(1) How many of the 93 cases of financial irregularities in terms of the Public Service Commission Report of 2009-2010 were reported to the (a) National Prosecuting Authority and (b) SA Police Service for further criminal action; (2) whether all the money that was stolen by the employees who were implicated in the 93 cases has been retrieved; if not, (a) why not and (b) what amount is still outstanding; if so, what are the relevant details; (3) whether his department has conducted any disciplinary action against the employees who had been implicated in the specified financial irregularities; if not, why not; if so, what is the current status of these employees?

CW199E - 16 March 2012

Zola Mlenzana to ask the Minister of Justice and Constitutional Development

(1) Whether the Judicial Service Commission (JSC) has any policy guidelines or a judges’ rule book on what constitutes gross misconduct by judges; if not, why not; if so, what are the relevant details; (2) whether the document is accessible to all judges; if not, why not; if so, how current are the rules; (3) whether the rules have been (a) shared, (b) practiced and (c) implemented by all judges; if not, why not; if so, what are the relevant details; (4) whether the rule book recommends any penalties that are prosecutable for (a) gross negligence, (b) misconduct and (c) drunkenness by members of the judiciary on or off work; if not, what is the position in this regard; if so, what are the relevant details in each case; (5) what (a) is the current record of penalties against members of the judiciary from 1 January 2011 to 29 February 2012 and (b) are the longest unresolved cases that are pending any action by the JSC in this regard?

NW864E - 16 March 2012

David John Maynier to ask the Minister of Justice and Constitutional Development

Whether the National Conventional Arms Control Committee (NCACC) Inspectorate has conducted any investigations since 20 February 2003 to ensure that the trade in conventional arms is conducted in compliance with the National Conventional Arms Control Act, Act 41 of 2002, with regard to (a) Libya (b) Iran, (c) Syria, (d) Madagascar (e) North Korea, (f) Zimbabwe; if not, why not, in each specified case; if so, what are the relevant details, in each specified case?

Reply from the Minister of Justice and Constitutional Development on 5 Apr 2012

The Department of Police embraces Vision 2030 and recognizes the National Development Plan as a means for ensuring an integrated approach (in the Cluster and beyond) to realize safer communities that our government envisions. The planning process, internal strategies and priorities of the Department have been crafted to ensure that we align ourselves to at least the following identified minimum and critical areas: i. ...

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NW960E - 16 March 2012

Barry Lucas Benjamin Bosman to ask the Minister of Justice and Constitutional Development

Whether any officials from (a) his department and (b) any entities reporting to him were on an official visit to Bloemfontein in (i) December 2011 and (ii) January 2012; if so, in each case, what (aa) is the (aaa) name and (bbb) position of the specified official, (bb) was the (aaa) purpose and (bbb) date of such visit and (cc) was the cost of (aaa) transport, (bbb) accommodation and (ccc) other expenses?

Reply from the Minister of Justice and Constitutional Development on 2 May 2012

1) The Regional Works Unit is already functional and effective. The first major project undertaken was the refurbishment of the hospice in Lenz which commenced in August 2011 and was completed in September 2009. There are command and management skills, as well as various trades of the building industry at artisan level. 2) The maximum limit is R100 000-00 per case. Any maintenance and repair ...

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