2022-w1791 - 05 August 2022

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

With reference to the reply of the Minister of Police, Mr B H Cele, to question 703 on 17 March 2022, what is the current status of the prosecution of each of the 19 accused instigators of the July 2021 unrest; 2) whether any additional persons have (a) been arrested and/or (b) appeared in court since 17 March 2022; if not, what is the position in this regard; if so, what is the (i) name of each additional person arrested and (ii) current status of the prosecution of each of the additional arrested persons?

Reply from the Minister of Justice and Correctional Services on 5 Aug 2022

1. Below is the current status of the prosecution of each of the nineteen (19) accused instigators of the July 2021 unrest:

  1. Orifile Oratile Sedika: The matter was struck off the roll in terms of section 342A of the Criminal Procedure Act 51 of 1977 due to delays in investigation.
  2. Crispin Bethwell Sibongiseni Sikhakhane: The matter is adjourned to 02 August 2022 for legal ...
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2022-w277 - 05 August 2022

Ciliesta Catherine Shoana Motsepe to ask the Minister of Justice and Correctional Services

What is the policy position of his department with regard to judges who take leave of absence without having delivered judgments on urgent applications that were heard by them before they took leave?

Reply from the Minister of Justice and Correctional Services on 5 Aug 2022

I would like to inform the Honourable member that; the office is waiting for a feedback from the Office of the Chief Justice.

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2022-w2401 - 05 August 2022

Glynnis Breytenbach to ask the Minister of Justice and Correctional Services

What are the reasons for the delay of approximately three months by the National Prosecuting Authority to respond to a request by the United Arab Emirates for photographs of and fingerprints of the Gupta Brothers, for whom an Interpol Red Notice was issued?

Reply from the Minister of Justice and Correctional Services on 5 Aug 2022

There was no delay in providing the requested fingerprints and photographs. The following timeline reflects how this process progressed:

a) 02 March 2022: Request received from Interpol Pretoria, on a request that they received from Abu Dhabi on 01 March 2022 for fingerprints and photographs of the Gupta brothers.

b) 03 March 2022: Fingerprints requested from the Criminal Record Centre.

c) 04 March ...

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2022-w2305 - 05 August 2022

Glynnis Breytenbach to ask the Minister of Justice and Correctional Services

With reference to the limited and slow pace of progress made by the National Prosecuting Authority’s Priority Crimes Litigation Unit in the prosecution of matters emanating from the Truth and Reconciliation Commission (TRC), what steps will he take to improve the (a) communication process with the families of victims who are not receiving speedy justice for crimes committed against family members and (b) slow pace of progress with the prosecution of matters emanating from the TRC?

Reply from the Minister of Justice and Correctional Services on 5 Aug 2022

a) Steps taken to improve the communication process with the families of victims who are not receiving speedy justice for crimes committed against family members

The National Prosecuting Authority (NPA) has already taken steps to improve the communication process with families of victims emanating from Truth and Reconciliation Commission (TRC) matters. The Office of the Deputy National Director of Public Prosecutions (DNDPP), ...

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2022-w2367 - 02 August 2022

Janho Engelbrecht to ask the Minister of Justice and Correctional Services

(1)Whether interaction with the (a) victims and (b) their families is a requirement in the parole hearing of the perpetrator; if not, why not; if so, what are the relevant details; (2) what are the number of cases in which victims and/or their families were not consulted before parole was granted since 1 March 2019?

Reply from the Minister of Justice and Correctional Services on 2 Aug 2022

1. The Department of Correctional Services (DCS), in support of Government Victim Empowerment Programme (VEP), developed procedures to facilitate and promote the involvement of victims in Correctional Supervision and Parole Boards (CSPB) meetings whern an offender is considered for possible placement on parole.

in order to facilitate the involvement of victims in the Parole Board meetings, provisions were made in both Section 75 (4) ...

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2022-w2214 - 29 July 2022

Thokozani Makhosonke Langa to ask the Minister of Justice and Correctional Services

Whether, following the discovery of a cell phone in the possession of Philemon Lukhele while he is in remand custody for the murder of Hillary Gardee, his department ascertained (a) how he got to be in possession of the cell phone, (b) what did he use the cell phone for and (c) how will this affect the ongoing investigation into the case; if not, what is the position in each case; if so, what are the relevant details in each case?

Reply from the Minister of Justice and Correctional Services on 29 Jul 2022

a) Upon enquiry remand detainee, Philemon Lukhele alleged that a cell phone was delivered to him by unknown Correctional Official. The Department and South African Police Services conducted an investigation, subsequently an official who is suspected of giving the mentioned inmate the cell phone was issued with a contemplation of suspension letter as part of the departmental disciplinary process.

b) The matter was reported ...

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2022-w2302 - 27 July 2022

Werner Horn to ask the Minister of Justice and Correctional Services

Whether the National Prosecuting Authority has taken any decision on whether any prosecution will be instituted in respect of case number CAS 109/09/2021 opened at the Parkweg Police Station, with regard to possible financial crimes committed within the administration of the Mangaung Metropolitan Municipality; if not, what is the reason for the failure to take such a decision; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 27 Jul 2022

The Director of Public Prosecutions: Free State confirmed that the Specialised Commercial Crime Unit received the said criminal case docket, allocated to a Senior Advocate to deal with the docket. Additional information was subsequently submitted by the Investigating Officer towards the end of May 2022 for evaluation. The decision in respect of all matters is pending.

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2022-w1780 - 18 July 2022

Werner Horn to ask the Minister of Justice and Correctional Services

What total number of persons (a) were charged with offences in terms of the State of Disaster Regulations, as amended from time to time, declared and maintained by the Government from 15 March 2020 until 4 April 2022 in order to manage the COVID-19 pandemic and (b) formally appeared in court on a charge of contravening the said regulations?

Reply from the Minister of Justice and Correctional Services on 18 Jul 2022

a) The National Prosecuting Authority (NPA) does not arrest or charge accused but is involved in the prosecution of accused persons. The South African Police Service will be in a better position to respond to the above question, especially due to admission of guilt options having been determined by the Judiciary on various of these contraventions. Persons charged with offences related to contraventions in ...

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2022-w1783 - 14 July 2022

Glynnis Breytenbach to ask the Minister of Justice and Correctional Services

With regard to the recent meeting in April 2022 between the Portfolio Committee on Justice and Correctional Services and the Judiciary at the Supreme Court of Appeal, for oversight purposes where his Chief of Staff was present, (a) upon whose invitation or request was his Chief of Staff present, bearing in mind that this is a flagrant blurring of the lines between legislative oversight and Executive encroaching on territory it has no legitimate interest in and (b) why did he not ensure proper separation of powers?

Reply from the Minister of Justice and Correctional Services on 14 Jul 2022

As regards question (a), I received a letter (the letter), dated 07 April 2022, from the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Honourable Mangwanishe. The letter states that the Committee would embark on oversight visits to courts and correctional centres from 19 April 2022. The letter states further that “[t]he Committee requests that relevant departmental officials be part of the ...

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2022-w2377 - 14 July 2022

Janho Engelbrecht to ask the Minister of Justice and Correctional Services

(1) What are the (a) recommended capacity and (b) actual occupation levels for all prison facilities in the Republic; (2) By what percentage is each prison facility in the Republic over capacity; (3) What is the ratio of staff members of the Department of Correctional Services, excluding administrative staff, to prisoners in all prison facilities?

Reply from the Minister of Justice and Correctional Services on 14 Jul 2022

(1)(a)&(b) The table below reflects the recommended capacity and actual occupancy levels as at 01 June 2022.

Correctional Centre

Approved Bed Space

Inmate Population

Occupancy Levels

Overcrowding Levels

Eastern Cape

12 431

20 265

163.02%

63.02%

Gauteng

23 630

34 405

145.60%

45.60%

KwaZulu-Natal

18 117

22 414

123.72%

23.72%

Limpopo, Mpumalanga & North West

18 265

22 190

121.49%

21.49%

Free State & ...

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