2024-w226 - 15 March 2024

Brett Norton Herron to ask the Minister of Justice and Correctional Services

(1) Whether he has established the reasons why the National Prosecuting Authority (NPA) failed to prosecute the cases referred for prosecution by the Truth and Reconciliation Commission (details furnished); if not, what is the position in this regard; if so, what are the relevant details; (2) what measures, checks and balances has he and/or the NPA put in place to prevent an ongoing failure by the State to prosecute the specified crimes?

Reply from the Minister of Justice and Correctional Services on 15 Mar 2024

(1)

As a point of departure, we wish to draw the attention of the honourable Minister to the fact that the NPA is required to present on a continuous basis progress made in TRC matters to the Justice Portfolio Committee. The latest presentation can be made available to Mr B N Herron if he has not been privy thereto.

Specifically, regarding the “Cradock 4” ...

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2024-w303 - 08 March 2024

Samantha Jane Graham to ask the Minister of Justice and Correctional Services

(1)With regard to the emergency generators received from China, (a) what is the breakdown of the total number of generators that were allocated to his department and (b) how were these generators allocated to various entities within his department; (2) (a) how were these generators transported to their final destinations and (b) what (i) are the full details of the service providers who transported the generators and (ii) is the total cost of transporting these generators; (3) whether his department is responsible for the provision and procurement of diesel for the generators; if not, what is the position in this regard; if so, what are the relevant details, including the cost of the diesel used to date; (4) how many of the generators that reached their destination are (a) installed and functional and (b) yet to be installed?

Reply from the Minister of Justice and Correctional Services on 8 Mar 2024

1. a) The Department of Justice and Constitutional Development (DOJ&CD) and the Department of Correctional Services (DCS) was not allocated emergency generators received from China.

b) Not applicable.

2. a) Not applicable

b) i) Not applicable

ii) Not applicable

3. Not applicable.

4. a) Not applicable

b) Not applicable.

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2024-w214 - 05 March 2024

Busisiwe Joyce Mkhwebane to ask the Minister of Justice and Correctional Services

What are the reasons that the National Prosecuting Authority issued a nolle prosequi on a perjury case opened by Dr R Kasilembo in Woodstock, case number 273/10/2023, a day after it was opened?

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

The correct docket particulars of the perjury case in which Dr Kasilembo is the complainant, is Woodstock CAS 276/10/2023 and not Woodstock CAS 273/10/2023.

No Nolle Prosequi certificate has been issued in this case. The docket has been returned to the police for further investigations to enable the Director of Public Prosecutions for the Western Cape to make an informed decision whether or not ...

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2024-w224 - 05 March 2024

Nomathemba Hendrietta Maseko-Jele to ask the Minister of Justice and Correctional Services

(1) Whether any impact assessment of the track-and-trace system that is aimed at addressing issues regarding defaulters of child maintenance has been made; if not, what is the position in this regard; if so, what are the findings; (2) how is his department dealing with the concealment by defaulting parents of income and assets in the informal sector

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

1. No impact assessment has been conducted of the current Maintenance Track and Trace System as it has been found to be generally helpful by Maintenance Investigators. This system is used in conjunction with manual investigation mechanism where further or additional information is required. In response to what is the position in regard to an assessment being conducted, there are no plans in place ...

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2024-w127 - 05 March 2024

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

Whether the budget cuts in his department have impacted any programmes run by his department; 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 Mar 2024

The budget cuts are expected to impact the Department of Justice and Constitutional Development substantially.

Relevant details:

Court Administration: Budget cuts will obstruct the expansion of specialized courts for commercial crimes and impede the full implementation of gender-based violence legislation. A significant increase in case backlogs is anticipated, with an estimated additional 150,000 cases. The delays in processing maintenance cases and administering estates will ...

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2024-w121 - 05 March 2024

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

With reference to his reply to question 2940 on 16 November 2023, what total number of cases did the National Prosecuting Authority refer back to the SA Police Service with directions for further investigation in the [a] 2018 to 2019, [b] 2019 to 2020, [c] 20/20/21, [d] 2021 to 2022 and [E] 2022 to 2023 financial years?

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

The number of case dockets received for decision that has been referred back to the SA Police Service for further investigation is displayed in the Table below. The decision by a prosecutor when considering a decision docket will reflect if a decision was taken or if more or further investigation is required. These are recorded in a decision docket register at each Magistrate Office ...

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2024-w9 - 23 February 2024

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

Given that the courts have recognized the right of prisoners to further their education and highlighted the importance of personal computers as tools of education, how does his department intend to facilitate access to educational resources, considering the (a) evolving nature of study material s being available in electronic format and (b) alignment of security measures with the ruling within correctional facilities.

2024-w4006 - 05 January 2024

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

what total number of a firearms and ammunition of each (i) type and (ii) calibre were (aa) stolen and (bb) lost and/or went missing at each correctional centre in each province (aaa) in the past four financial years and (bbb) from 1 April 2023 up to the latest specified date for which information is available. (2) What steps has his department taken to combat the theft and loss of the firearms and ammunition (3) Whether any persons were (a) arrested and/or (b) found guilty in this regard; if not, why not, if so, what total number of (i) persons were arrested and/or found guilty and (ii) the specified persons were members of Correctional Services?

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

  1. The total number of firearms and ammunition of each type and caliber which were stolen and lost and/or went missing at each correctional centre in each province in the past four financial years up to the latest specified date is as follows:

REGION

Centre

a) Total number of firearms (Type & calibre)

b) Total number of ammunition (Type & calibre)

(aa) Stolen

(bb) Lost/ ...

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2024-w3796 - 05 January 2024

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

With regard to the several observations and recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State regarding the National Prosecuting Authority (NPA) and the fight against grand corruption, in giving effect to these, by what total amount has the annual budget of the NPA and specifically, the Investigating Directorate, been increased and/or supplemented to facilitate a more effective crime fighting operation?

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

The NPA budget allocation increased by 5.39% over the MTEF period, from R4,9 billion to R5,7 billion in order to capacitate the NPA to deal with State Capture cases and the fight against corruption. This increase was as a result of the R1.3 billion additional funding allocated to the NPA during the 2022 MTEF.

However, the increase was against a background of an inadequate ...

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2024-w3873 - 05 January 2024

Vuyani Pambo to ask the Minister of Justice and Correctional Services

(a) What total number of (i) pre-1994 elections Special Branch members applied for amnesty at the Truth and Reconciliation Commission and (ii) such applications were (aa) granted and (bb) denied and (b) what (i) happened to the Special Branch members who were denied amnesty and (ii) were their names?

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

(a) What total number of

(i) pre-1994 elections Special Branch members applied for amnesty at the Truth and Reconciliation Commission and

(ii) such applications were (aa) granted and (bb) denied

The information on the total number of the pre-1994 elections Special Branch members who applied for amnesty at the Truth and Reconciliation Commission and whose applications were granted and denied is available on the ...

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