Chairperson, I want to thank all members of the portfolio committee who participated in this debate this afternoon. I welcome the comments that have been made and the constructive criticism that has come from the opposition parties. I think that is the way to go. However, we have to engage with a few matters.
I agree with the committee chair and hon Selfe that in South Africa we need to go the route of alternative sentences and consider diversion rather than custodial services. However, as you know, this is a matter that is being discussed by the Justice, Crime Prevention and Security cluster so that we can indeed minimise the numbers of people who go and serve custodial sentences.
It is also important for us to earn the respect and confidence of the judiciary in promoting alternative sentences and diversion. We need to earn the respect of the judiciary, so that they appreciate that we have strong Community Corrections services. What we are trying to do, and what we reported this morning, is, among other things, to set up a Community Corrections Branch, precisely because we realise the need to get the support of the judiciary in order for them to divert some of the inmates.
We welcome the idea of partnership. Obviously we do have partnerships with both the private sector and the nongovernmental organisations. However, it is an area that needs strengthening.
I don't think reoffending should be attributed to rehabilitation programmes that are not effective and not working. Some of the people come out highly skilled, but they are rejected by the communities they live in and the job market itself is not open to them. There is discrimination towards them on the basis of the criminal record. We need to do something about that. Again, this is a matter that the cluster is seized with - seeing what we can do to expunge the criminal records, from which categories and after how long. It is something that is being done.
With regard to the special remissions, we should be very honest on this matter. I heard people saying that there was no consultation on the matter. Perhaps there was very limited consultation. But I want to remind you that this is a constitutional provision and there was wide consultation in the Constitution-making process. If the opposition feels strongly that the government or the President should not use this special remission provision, I think they have a right to go the route of a constitutional amendment. I challenge them on this, because this is in the Constitution of the Republic of South Africa and none of us opposed it at the time when all of us were drafting the Constitution. [Applause.]
I want to say to the hon Mnguni that he has a very selective memory. In spite of the fact that this is a constitutional provision and a prerogative of the President, I did come to the portfolio committee. I informed the committee behind closed doors that this was what was going to happen and it was not a way of dealing with overcrowding. We did this because it was a provision that we had not used during this administration. Of course, it has impacted positively on the levels of overcrowding, to a certain extent. So, please, let's be honest. [Interjections.] Niyandiphazamisa. [You are disturbing me.]
With regard to the matter of Sifiso Zulu, yes, I welcome the comment. I also want to know. I received a report last night that Sifiso Zulu was in a hospital, and we have called on the department to give us details of the circumstances that led to his being booked into the hospital. It is not so much whether he is there or not, but the circumstances.
I want to say, colleagues, that South Africa is a unitary state. We fought very hard to make sure that it was a unitary state. Whatever we do in our little corners will never do away with the fact that it is a unitary and not a federal state. Whatever programmes we put together in a corner should be replicated elsewhere in the country, because we serve the people of South Africa and we have one government that is unitary. It will never be a federal state. So, the Western Cape is not an island.
This goes back to the Western Cape equity plan issues. I did say in my speech, and in the media briefing this morning, that I had called for an investigation into the matter, precisely because I do not want to stand here and speak to you or defend my position or ourselves against litigation - in the event that there is litigation - without getting the facts right.
I don't know if you have even had sight of the policy you are referring to! So, the investigation that I have directed should also investigate whether, in fact, that policy exists and what it says. Therefore, allow me to investigate the matter and come back to give you a report.
Long political speeches that people make are not going to solve the problems we have on hand. We are talking about correctional issues here. Yes, there will be time for campaigning to attract all the people to the DA because the DA suddenly believes in unity and the ANC believes in division!