Chairperson, Minister and Deputy Minister of Justice and Constitutional Development, Members of Parliament and all invited guests, South African citizens are becoming more and more accustomed to the fact that life in South Africa has become cheap. This is evident in the high levels of senseless crime, the brutality of these crimes and the current idea that one can literally get away with murder depending on how well connected one is with a politician.
Today we know that one can get killed for a cellphone, a R10 note, for being a passenger in a Bus Rapid Transit, BRT, bus instead of a taxi, and, even worse, for walking home from school and being hit by a car allegedly driven by a person who is high on drugs. South African citizens are looking at this Department of Justice and Constitutional Development to ensure that life becomes respected again.
So the question that we have to ask today is not whether the department will use the money it has been allocated in the budget as set out in the strategic plan, but, rather, whether the department will ensure that life in South Africa becomes more respected than what it is today. Cope acknowledges the hard work this department has put in so far to increase access to justice. It also believes that with the appointment of the Director-General, Ms Msomi, at least sanity will prevail in this department.
However, on a daily basis South Africans are being slapped in their faces for believing that justice is attainable through the vehicle of this department. Our court rolls have a substantial backlog. The chance that the South African citizen will speedily get access to justice is merely a dream. Citizens don't always even understand what is happening in the cases as lodged in court, and criminals walk free on a daily basis for all sorts of reasons. We all know the sources of crime. So the biggest problem with this department is the fact that it does not attempt to solve the root of the criminal problem, but instead, on a daily basis, deals with the results of crime.
In a study conducted in 2008, research indicated that, apart from all the same causes of crime in countries, in South Africa there are at least two more factors that contribute to our crime level. These are: firstly, the level of income inequality coupled with high levels of poverty; and, secondly, the culture of violence and disobedience that permeated all parts of our society prior to the fall of apartheid. Surely it is not this department's core function to ensure that inequality regarding the levels of income gets addressed. However, Cope submits that it falls squarely within this department's ambit to address the culture of violence that emanated even while apartheid was still in existence.
It becomes unacceptable that, while we have a Constitution such as ours that is highly praised around the world, South Africans do not really benefit when it comes to the security of a person or speedy access to justice. It also becomes unacceptable that we have the Domestic Violence Act of 1998, but, at the same time, South African men in particular carry on with domestic violence as if no such legislation exists. It becomes unacceptable that legislation, which will ultimately only have the effect of addressing the result of crime, gets introduced by this department but, in most cases, does not even have the effect that the victims can boldly declare that they are no longer victims of crime.
The fear of punishment - be it a fine, a criminal record or even imprisonment - has disappeared from our society. But, even worse, this department contributes to the idea that crime in South Africa has taken the upper hand in our society and that we have no control over such. This is not done in an open manner, but through the way in which it operates towards the public and through its internal operations. For example, this was done when the National Director of Public Prosecutions, Adv Simelane, interfered in the Jub Jub matter. This was also done with his interference in the Fana Hlongwane matter and, again, when he interfered by instructing prosecutors to refrain from speaking to the media about court cases without prior approval from a provincial director of public prosecutions.
The media is a link between the state and the public and, unfortunately, the public becomes informed by what the media tells it. It becomes laughable when one expects bureaucracy and procedure to undermine the public's knowledge. Whether the department wants to justify this bureaucracy or not, the bottom line is that, with our volatile citizens, the department is slowly contributing to the destruction of the system instead of building it into a system that we can all have trust in.
This was also done when the Minister appointed Adv Mpshe as the acting judge. It is indeed so that the appointment of this judge was consistent with the Constitution of 1996 that allows the Minister to appoint an acting judge, but can we say that this procedure was in alignment with all the previous appointments of acting judges?
The Chapter 9 institution falling under the budgetary umbrella of the department, the SA Human Rights Commission, is also slowly becoming a government department. The SA Human Rights Commission is not exercising its powers as expected. This commission is in existence, but that is where it stops. This was again evident when the whole debate of struggle songs and racist attacks on certain members of society emerged a few weeks ago. No protection of whatever kind was provided by this commission to any of the relevant parties. This Chapter 9 institution is not adding value to South African citizens on the level that will make an impact in their lives. For how long will we accept this?
Why is it that the Legal Aid Board of South Africa, which falls under this department's budgetary umbrella, has become a worldwide model for access to justice for poor people? And why is it that the Public Protector, which is under a young reign, has already begun to act in the manner that South Africans need? What is it that the SA Human Rights Commission is doing wrong? And what is it that the Legal Aid Board of SA and the Public Protector are doing right? For how long are South African citizens supposed to be okay with it? We cannot have a Chapter 9 institution that is fast becoming like another government department.
In conclusion, we must protect the ordinary citizens at all times, and more especially so when they have become victims of crime. Loopholes in our justice system such as tampering with blood samples and exclusion of such crucial evidence in a criminal matter where people were killed must stop. The withdrawal of cases from court due to all sorts of technical reasons must stop. The delay in court cases must stop. The deafening silence from the SA Human Rights Commission on a daily basis must also stop. Thank you. [Applause.]