2024-w4165 - 05 January 2024

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

Whether his department has records of (a) budget and (b) total spending towards the maintenance and refurbishment of courts in each province during the 2021-2023 period; if not, why not; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 5 Jan 2024

The Department of Justice and Correctional Services

(a) Yes

(b) Yes

(c) The table below is the summary of the DOJ&CD Day-to-Day maintenance budget and expenditure report.

Province

Budget

Expenditure

National Office

R1,808,000.00

R652,592.30

Eastern Cape

R4,634,000.00

R1,485,168.04

Free State

R1,970,000.00

R1,969,684.84

Gauteng

R10,931,000.00

R8,759,690.39

KwaZulu Natal

R2,631,000.00

R2,631,327.82

Limpopo

R795,000.00

R708,416.74

Mpumalanga

R7,082,000.00

R5,889,792.71

North West

R1,760,000.00

R1,760,150.34

Northern Cape

R2,655,000.00

R2,655,659.99

Western ...

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2024-w4137 - 05 January 2024

Eugene Mthethwa to ask the Minister of Justice and Correctional Services

(1)Whether he has a mechanism in place when cases in courts are regularly postponed; if not, what is the position in this regard; if so, what are the (a) justifications for a postponement of a case in excess of 75 times and (b) are the cost implications that could be attributed to such postponements including the costs related to legal aid provided in such cases; (2) whether any mechanisms in the judiciary have been reported to him that alerts the Judge Presidents of the various divisions of the High Court of multiple postponements of cases for their attention in order to minimise unnecessary and further costs and delayed processes that deny justice to those who seek and are desperate for it; if not, what is the position in this regard; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 5 Jan 2024

1. Yes, there are mechanisms in place to address cases in courts which are regularly postponed. These include the quarterly meetings of senior members of the Department of Justice and Constitutional Development, with the Regional Court Presidents’ Forum as well as separately with the Chief Magistrates’ Forum, as Magistrates are in charge of Case-flow Management in courts. These meetings discuss blockages in the system ...

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2024-w4164 - 04 January 2024

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

Whether his department has records of the number of reported fraud cases against public officials during 2009 – 2022 period; if not, why not; if so, what are the relevant details?

2024-w3906 - 03 January 2024

Janho Engelbrecht to ask the Minister of Justice and Correctional Services

With reference to the special remission programme, and noting that 97 inmates released have since reoffended, what (a) were the offences committed by each reoffender and (b) defines a reoffender in this context?

Reply from the Minister of Justice and Correctional Services on 3 Jan 2024

(a)

STATUS OF CUMULATIVE RE-ARREST CASES AND REASONS REPORTED BY REGIONS AS AT 26 OCTOBER 2023

REGION

REASONS

TOTAL

RE-ARRESTS

EC

1 x offender released unconditionally on 23/08/2023 was readmitted on 11/09/2023 for Theft; 1 x offender released unconditionally on 23/08/2023 was readmitted on 11/09/2023 for House Breaking and Theft; 1 x offender released unconditionally on 21/08/2023 was readmitted on 11/09/2023 for Damage of ...

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2024-w3907 - 03 January 2024

Janho Engelbrecht to ask the Minister of Justice and Correctional Services

With reference to the special remission programme and the release of 15 000 inmates, (a) how many of the released inmates have been (i) arrested (ii) charged, (iii) found guilty of a criminal offence, and (b) how many are (i) out on bail and (ii) currently standing trial for a criminal offence since their release?

Reply from the Minister of Justice and Correctional Services on 3 Jan 2024

As at the project end date of 02 November 2023, a total of 16 472 offenders were released comprising of 2 459 conditional and 14 013 unconditional releases.

The below table depicts the total number of those rearrested, charged, found guilty, out on bail and currently standing trial:

REGION

(a)(i)

arrested

(a)(ii)

charged

(a)(iii)

found guilty

(b)(i)

out on bail

(b)(ii)

currently standing trial ...

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2024-w3382 - 03 January 2024

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

Whether there are any new practical and actionable plans to address the intimidation of prisoners, human rights abuses and gang violence amongst prisoners in correctional facilities; if not, why not; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 3 Jan 2024

South Africa signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in January 1993 and ratified it in December 1998. It also signed the Optional Protocol to the Convention against Torture (OPCAT) in September 2006. Due to mounting pressure on South Africa, both at international and national levels, to ratify OPCAT, the National Assembly and the National Council ...

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2024-w3595 - 03 January 2024

Janho Engelbrecht to ask the Minister of Justice and Correctional Services

Whether, considering that the rise in crime levels and the Government’s perceived inability to construct and maintain additional correctional centres have compounded the unacceptable levels of overcrowding in correctional facilities, he has found that his department’s special remission programme has achieved its aim of reducing the unacceptable levels of overcrowding in correctional facilities; if not, what is the position in this regard; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 3 Jan 2024

Granting of Special Remission of sentence is the prerogative of the President in terms of the powers vested in him by Section 84 (2) (j) of the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996).

DCS continuously implements the direct and indirect measures outlined by the DCS Overcrowding Reduction Strategy in dealing with population levels in all correctional facilities. ...

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2024-w4225 - 02 January 2024

Glynnis Breytenbach to ask the Minister of Justice and Correctional Services

With reference to the challenges faced by the new service provider with regard to scanning files from the previous service provider at the Master’s Office for offsite storage, (a) what are the details of specific challenges that were experienced in the handover of the files which he referred to and (b) what was the (i) nature or matter of each file that could not be scanned, (ii) condition of each of the specified files and (iii) condition of each document within the specified files?

Reply from the Minister of Justice and Correctional Services on 2 Jan 2024

(a) what are the details of specific challenges that were experienced in the  handover of the files which he referred to

1.. BACKGROUND

  • For several years, the DOJ&CD had contracted with a service provider to merely store and provide access to some of its records at off-site facilities in three provinces namely, Gauteng, KwaZulu -Natal and the Western Cape.
  • When the contract expired, approval was ...
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2024-w4037 - 02 January 2024

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

Whether he intends to reinstate the Aspirant Prosecutor Programme in 2024; if not, why not; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 2 Jan 2024

The impact that the budget cuts have on the Aspirant Prosecutor Programme is that the group that is due to complete their training in January 2024, cannot be absorbed into the NPA and appointed into the entry level District Court posts, as has been tradition. However, the NPA is considering another option to be able to keep them within NPA’s employ, through their current ...

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2024-w4044 - 02 January 2024

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

Whether his department conducts lifestyle audits on its employees; if not, why not; if so, (a) how often are these lifestyle audits conducted, (b) when was the last time the lifestyle audit was conducted, (c) how many employees were lifestyle audited and (d) what were the relevant details of the findings?

Reply from the Minister of Justice and Correctional Services on 2 Jan 2024

1. Whether lifestyle audits are conducted: Yes

a) How often? Annually, in accordance with the schedule provided by the Public Service Regulations on Financial Interests Disclosure Framework, DPSA Directives and DPSA Guide on Lifestyle audit.

b) When last was lifestyle audit conducted? As the first phase of the audit, lifestyle review was last conducted in the 2022/2023 financial year [financial disclosure ...

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