Chairperson, hon members, while the debate is raging on about the independence or otherwise of the National Prosecuting Authority, NPA, I continue to exercise final responsibility in terms of section 179 of the Constitution. It is for that reason that I had a meeting with the top leadership of the NPA to discuss these issues and also, within the context of the performance agreement that I have signed with the President, as well as my responsibility to deliver on the delivery agreement, that I have indicated and they have accepted that that restructuring will be subjected to this process that I am leading in government. So, my schedule section 179 works.
On top of that, one should also read the judgment by the Deputy President of the Supreme Court of Appeal, Deputy President Harms, on the matter of the President and the NPA; on this issue, there is a very good articulation and interpretation of the Constitution, which reinforces the points that have been made, namely that the fathers and mothers of this Constitution were not asleep when they crafted the Constitution in the manner in which they did.
On the issue of the civil justice system, the reason we are doing this review is precisely because we need to ensure that we address speed, simplicity and cost in how we provide services to our people and also to look at other alternative dispute resolution measures that have to be part of our system in South Africa.
If one looks at the road accident fund matters that are clogging our courts throughout the country, especially in Gauteng, on the issue of an alleged person who has fled to Namibia, I wish to highlight that my predecessor dealt with this matter and he issued a notice for this person to be extradited to Italy, which I have confirmed as the current Minister. What has happened right now is that an application has been brought to court alleging that this notice is unlawful. So, that is the case that is before court at the moment. Hopefully this matter will be finalised between 18 and 20 May this year.
On the issue of the Child Justice Act, since 2009, before the implementation of this Act, all the role-players that are key to the implementation of this legislation have been trained magistrates, prosecutors, clerks of court, probation officers and police personnel, and training is continuing for all of them throughout the year.
I have full confidence that this is working according to plan. And, on top of that, the intersectoral and interdepartmental committee that is co- ordinated by the director-general is working very hard to ensure that it implements this Act.
On the issue that was raised about the appointment of Adv Mpshe as acting judge, the Constitution is very clear that the Cabinet member responsible for the administration of justice appoints acting judges. I have no intention of not exercising this constitutional obligation. So, that is why I appointed Mpshe.
The law society and the general council of the Bar wrote to me indicating their views about this matter. I issued a statement, which is a matter of public record, that subsequently gives my legal opinion and that of the general council of the Bar, which I am still studying. But as of now, I think the decision I took is the correct one.
On the effectiveness of the criminal justice system, as I have indicated, I have signed a performance agreement and the main thrust of this performance agreement is around the implementation of the criminal justice system in South Africa.
We have lots of challenges that we are facing, particularly my predecessor, the combative Johnny de Lange, as my shadow Minister has described him. He did sterling work in terms of starting this process. We are no longer reviewing, but implementing the seven-point plan so that we can ensure that what I saw in Khayelitsha on Monday does not recur. I was there for about 30 minutes and about five cases of murder, robbery and theft were postponed - all of them - because the police had not yet completed their investigation.
What this criminal justice system seeks to achieve is to make sure that there is a seamless chain of events that start with the crime scene. We need to have proper detectives. We do have technology and we need to use technology so that by the time the matter goes before court, it is court ready and not scrambling around looking for witnesses.
However, related to that, there is work that is being done by the Chief Justice and the heads of court in order to ensure that the judicial officers are empowered to take charge of their courts. Right now, the pace of litigation is determined by the litigants. The judicial officers are subjected to this abuse by litigants.
So, if we give this power and authority to judicial officers so that when they say that the trial takes place on 5 May, all these things that should have happened before should happen. If everybody is there in court and for any reason they want postponement, that will not happen. I think in that way we will be able to ensure that we provide a proper justice service to the people of South Africa.
Thank you, hon members, for the contributions you have made, and I hope you will pass this Budget Vote. [Applause.]