2023-w3797 - 23 November 2023

John Henry Steenhuisen to ask the Minister of Justice and Correctional Services

Considering that despite the commitment of the President of the Republic, Mr M C Ramaphosa, that all instruments of the State would be used in the fight against corruption, the National Prosecuting Authority has been forced to go cap in hand to him and the Minister of Finance to ask for more money, what has he found to be the reasons that the criminal justice system is perennially underfunded?

Reply from the Minister of Justice and Correctional Services on 23 Nov 2023

The Department of Justice and Constitutional Development receives its funding from National Treasury, through a budgetary appropriation process which get voted by Parliament. For the past three financial years (2021/2022, 2022/23 and 2023/24), the NPA received a budget allocation of R4.446 billion, R4.910 billion and R5.407 billion respectively. The above-mentioned allocation includes additional budget amounting to R200 million and R690 million which NPA received ...

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2023-w3509 - 17 November 2023

Christian Themba Msimang to ask the Minister of Justice and Correctional Services

What is the total number of (a) newly functional (i) public and (ii) private correctional facilities and (b) correctional facilities under construction in the current financial year in each province?

Reply from the Minister of Justice and Correctional Services on 17 Nov 2023

Note: The Hon member referred to newly functional correctional facilities, without stipulating or providing an explanation regarding the criteria or classification of the term “newly functional”. This response provides a holistic numerical overview related to all correctional facilities.

a) The total number of functional correctional facilities are as follows:

  1. Public - 234
  2. Private - one (01)

b) The total number of correctional facilities under ...

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2023-w3593 - 17 November 2023

Glynnis Breytenbach to ask the Minister of Justice and Correctional Services

What are the details of the practical steps he has taken to address the dysfunctional state of the Master’s offices, where service delivery has regressed, with some offices having issued instructions to practitioners not to contact them to enquire about progress of their cases and (b) by what date is it envisaged that he will address the dismal state of affairs?

Reply from the Minister of Justice and Correctional Services on 17 Nov 2023

The Master’s Offices deals with not only deceased estates, but also bankruptcy matters, registration of trusts, curatorships as well as the Guardian’s Fund.

The Masters have been experiencing challenges with regards to appointment in deceased estates and trusts, as well as payment of Guardian’s Fund claims.

The Master’s Offices are not dysfunctional and though some offices are struggling more than others.

The challenges experienced ...

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2023-w3529 - 17 November 2023

Paulnita Marais to ask the Minister of Justice and Correctional Services

Following his visit to the East London West Bank Correctional Centre on Woman’s Day, which assistance has been provided to the female inmates in the facility, who are often without sanitary pads and no educational programmes?

Reply from the Minister of Justice and Correctional Services on 17 Nov 2023

The East London Female Correctional Centre has a total 297 offenders incarcerated and 55 offenders are classified as maximum.

(I) The Standard Operating Procedure (Chapter 02 of the B-Order) stipulates that sanitary towels must be issued as required. DCS ensures that sanitary products are issued as required, minimum one packet of 20 or 12 per female inmate and thereafter, when it is required/as per ...

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2023-w3594 - 17 November 2023

Janho Engelbrecht to ask the Minister of Justice and Correctional Services

(1)With reference to at least three senior managers in his Department of Correctional Services (Chief Financial Officer & Directors) related to the COVID-19 pandemic procurements, what is the current status of the disciplinary processes against each of the implicated officials; (2) Whether the implicated officials are still receiving their full remuneration packages; if not, what is the position in each case, if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 17 Nov 2023

1. The disciplinary hearing against the three DCS Senior Managers, who were charged in the same hearing, have been finalised and awaiting the findings by the chairperson (Senior Counsel) appointed by the state attorney. The chairperson in a procedural notice indicated that the findings would be provided by latest mid-November 2023.

2. It should be noted that the officials who are of the Senior ...

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2023-w3510 - 17 November 2023

Christian Themba Msimang to ask the Minister of Justice and Correctional Services

What are the details of any functional interdepartmental partnerships that his department entered into since he assumed office to ensure the fulfilment of its objectives and mandate?

Reply from the Minister of Justice and Correctional Services on 17 Nov 2023

The Department of Correctional Services (DCS) has a functional interdepartmental partnerships with various Departments to ensure the fulfilment of its objects and mandate.

The DCS has an existing partnership with Department of Public Works and Infrastructure (DPWI), the partnership commenced on 10 March 2021 and it will end on 09 March 2024. The aim of the Memorandum of Agreement (MoA) is to guide and ...

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2023-w3578 - 17 November 2023

Wilma Susan Newhoudt-Druchen to ask the Minister of Justice and Correctional Services

Considering the rights of inmates in correctional centres, what steps, beyond confiscation, has his department taken to curb the unlawful possession and/or use of mobile devices by inmates?

Reply from the Minister of Justice and Correctional Services on 17 Nov 2023

The total number of cell phones that were confiscated from 01 April 2023 to 31 October 2023 is as follows:

Regions

Total Number of Cell phones confiscated as reported by Regions

KwaZulu-Natal

4 433

Eastern Cape

3 228

Western Cape

2 780

Free State & Northern Cape

1 972

Limpopo, Mpumalanga & North West

3 139

Gauteng

5 381

National Total

20 933

The ...

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2023-w2940 - 16 November 2023

Petrus Johannes Groenewald to ask the Minister of Justice and Correctional Services

(1) What (a) total number of cases were rejected by the National Prosecuting Authority (i) over the past five financial years and (ii) since 1 April 2023 due to inadequate investigation by the SA Police Service and (b) was the total number of complaints in each specified case; (2) whether he will make a statement on the matter?

Reply from the Minister of Justice and Correctional Services on 16 Nov 2023

The National Prosecuting Authority (NPA) does not record cases rejected due to ‘inadequate investigation”. Where the SA Police Service submit case dockets to the NPA for decision where the investigations are “inadequate” the NPA provides the Police with directions for further investigation and the case dockets are returned to the Police.

In the lower courts, all Police case dockets presented to prosecutors for decision ...

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2023-w3601 - 16 November 2023

Frederik Jacobus Mulder to ask the Minister of Justice and Correctional Services

(1)With reference to the complaint of Mrs Léanca Louw against Mr Nicolaas Wilhelm Herbst (CAS 25/4/2022 Primrose Police Station) and the latter’s countercharge (CAS 43/4/2022 Germiston Police Station), (a) what are the reasons that the State Prosecutor in the case did not proceed on the charges brought by Mrs Louw and (b) how did the countercharges proceed to trial before the investigations into the main charges were finalised; (2) whether, after Senior State Prosecutors received a complete docket and apparently realised that there was potential tampering with the docket, it requested an investigation into the matter; if not, why not; if so, what are the relevant details; (3) once the Senior State Prosecutor was given the full facts, what are the reasons that the (a) trial proceeded knowing that there was a material dispute of fact and (b) Senior State Prosecutor attempted to mediate the matter on behalf of the suspect on the countercharge; (4) what are the reasons that the Office of the State Prosecutor failed for a year to respond to correspondence from the attorney of Mrs Louw; (5) whether he will make a statement on the matter?

Reply from the Minister of Justice and Correctional Services on 16 Nov 2023

This question involves sensitive information that, in the interests of protecting the integrity and confidentiality of the parties in question, the NPA is willing to make available to Ms Louw’s legal representatives to disclose further (as he or she deems fit). Where this is the case, it has been expressly indicated. With the above in mind, below are the replies to the questions:

1. ...

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2023-w3201 - 10 November 2023

Alexandra Lilian Amelia Abrahams to ask the Minister of Justice and Correctional Services

Whether, with reference to his reply to question 3629 on 28 October 2022, in which he indicated that the National Prosecuting Authority (NPA) does not keep data on criminal offences committed against children specifically, his department has since instructed the NPA to commence with record keeping of (a) child-specific criminal cases as well as (b) the conviction rate for (i) child murders, (ii) attempted child murder, (iii) assault of a child with the intent to do grievous bodily harm and (iv) sexual offences against children; if not, why not; if so, what has been the total number of successful convictions in the above categories for the SA Crime Statistic quarterly reporting periods of (aa) 1 October 2022 to 31 December 2022, (bb) 1 January 2023 to 31 March 2023 and (cc) 1 April to 30 June 2023?

Reply from the Minister of Justice and Correctional Services on 10 Nov 2023

A similar request was received by the National Prosecuting Authority (NPA) in 2022 and which response is attached hereto. Since the NPA were not keeping the data, engagements and the feasibility of obtaining the important information has been undertaken.

The NPA has arranged with the South African Police Service (SAPS) in the interim to share information with the NPA from SAPS in order to ...

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