Hon Chairperson, Senior Counsel, Minister, justices and guests, at the outset the ACDP would like to join other speakers in expressing our grave concern about the R600 million budget cut experienced by the Department of Justice and Constitutional Development. This is totally unacceptable, and we need to serve notice today to the National Treasury that we intend pursuing this matter further during the budget review process later this year. We subjected this director-general and her officials to a severe grilling over a number of days on core performance and service delivery. However, how can we expect to improve service delivery levels when the department's budget is drastically cut? We need to address this issue.
We look forward to the effective implementation of the seven-point plan in an attempt to ensure that all South Africans are and feel safe. In this regard, we are concerned that the number of criminal cases finalised - 331 000 - is down from the previous year, when it was 350 000, and all indications are that it will be even lower this year. This is a matter for grave concern, although we do appreciate that more cases were disposed off by alternative dispute resolution.
Clearly, our courts are stretched to the maximum and require further capacity. Our prosecutors also need assistance and we cannot afford to lose any experienced staff. In this regard, as far as the National Prosecuting Authority is concerned, the ACDP has expressed grave concerns about sustained campaigns of intimidation against prosecutors. I would like to highlight the issue surrounding Adv Glynnis Breytenbach in particular. Her case includes being shot at, almost being driven off the road and being followed. This is clearly linked to her being involved in high-profile cases, such as her resistance to the dropping of charges against Lt-Gen Richard Mdluli.
Furthermore, without commenting on the validity of any disciplinary action against Breytenbach, how is it possible that such a senior prosecutor is suspended, allegedly following a letter complaining about her conduct in an ICT matter, while Richard Mdluli, who is alleged to have committed murder and abused state funds, remains in office? Something is seriously wrong. Even police commissioners have been suspended for lesser charges. We need to express a sense of outrage about this whole issue.
We also raised our concerns about the Chief State Law Adviser heading a new investigation into the Mdluli matter. Considering the various investigations already pending, is it not time for a judicial inquiry into all allegations surrounding Lt-Gen Richard Mdluli and other high-ranking police officials. This is something we would call for and support.
As far as the proposed court assessment is concerned, we note that the discussion document was released after a number of Constitutional Court and Supreme Court of Appeal decisions went against the government. The crisp question is what government will do with the report once it is completed. Will it be used in an attempt to rein in or intimidate the courts, or to motivate for constitutional amendments that may infringe upon the independence of the judiciary?
We are already dealing with the Constitutional Seventeenth Amendment Bill, which seeks to extend the jurisdiction of the Constitutional Court. One would have expected a bona fide assessment of court judgments to have preceded this Bill. This gives credence to concerns expressed by civil society organisations, political parties and other commentators, who remain suspicious of government's motives, particularly in light of the alarming statement on page 20 of the discussion document:
There have been some instances where certain court decisions are perceived not to fully advance the transformative purpose of the Constitution.
This is an area of grave concern.
In conclusion, we appreciate that the department is facing many and varied challenges. However, we believe that these challenges can be overcome. The Legal Aid Board, for example, was in a chaotic state a few years ago. Through perseverance and hard work it has been transformed into a world leader in the provision of legal aid.
Lastly, the ACDP would like to thank all those dedicated members of the judiciary, prosecutors and court officials who tirelessly seek to uphold the Constitution and the rule of law by providing justice on a day-to-day basis. The ACDP will support this Budget Vote. [Applause.]