Chairperson
Minister Ndebele
Deputy Ministers
Honourable Members
Distinguished guests
Comrades and friends
Ladies and gentlemen.
I feel deeply honoured and privileged to present to this august house the Vote of the extended Justice Family for the 2013/14 financial year.
As we begin the month of June, our National Youth Month, we honour and salute gallant freedom fighters such as Anton Lembede, AP Mda, Solomon Mahlangu, Peter Mokaba, Walter Sisulu, OR Tambo and countless others who in their youth, planted the seed of a fearless struggle that ensured that we today enjoy the fruits of our hard-earned democracy.
Anton Lembede, who was a great philosopher, lawyer and leader, had this to say about the selfless sacrifice of our youth of yesterday: (and I quote): We are not called to peace, comfort and enjoyment, but to hard work, struggle and sweat. We need young men and women of high moral stamina and integrity, of courage and vision. In short, we need warriors.
The country need more warriors from our youth of today to preserve our constitutional democracy and advance the transformation goals envisioned in our supreme Constitution.
In this month, we also commemorate the centennial legacy of the notorious Land Act of 1913. As the Justice sector we seek to implement measures that are geared at strengthening the development and advancement of our jurisprudence on land adjudication. To this end, we have proposed certain legislative measures which aim to strengthen the Land Claims Court which my counterpart in the Department of Rural Development and Land Reform is considering.
As we approach the 20th year of our democracy we are inspired and bound by the pledge that our iconic leader former President Nelson Mandela made during his inauguration as first President of a democratic South Africa in May 1994, and I quote: We have, at last, achieved our political emancipation. We pledge ourselves to liberate all our people from the continuing bondage of poverty, deprivation, suffering gender and other discrimination.
This pledge is as relevant to our debate today as it is to the Government’s quest to address challenges of inequality, poverty and unemployment that still persists.
Twenty years signifies a turning point in the life of any institution or government. As every parent would know, 20 years in the upbringing of a child symbolises a bridge from childhood to adulthood. At this transition a child strives to develop one’s self-identity as he or she prepares for the adventurous stage of maturity. Similarly, 20 years of our democracy has been a period of self-discovery during which we occupied our rightful space amongst the nations of the world. Through this period of self-discovery we have taken titanic breath strokes in promoting and advancing democracy and the rule of law at home, in the region and the Continent. Our Constitutional and legislative transformation is our bedrock from which has sprout the programmes that promises a South Africa different and qualitatively better than the one we inherited from the apartheid regime.
During this illustrious journey, our Parliament, through its impeccable law-making prowess has passed over 1294 statutes; the Executive, characterised by its industry and foresight, has designed and implemented a maze of policies, legislation and court decisions; and in its wisdom the independent Judiciary continue to deliver judgments which shape the course of our destiny as a young nation into the future. These three distinct, equal and mutually reinforcing branches of Government, together they form an axis on which our constitutional democracy evolves.
Our supreme Constitution envisages a clear vision of a non-racial, non-sexist, democratic, equal and prosperous society that we all aspire for. Consistent with this vision, the ANC-led Government has made significant progress in consolidating our democracy and building a strong government founded on the supremacy of the Constitution, the rule of law and human rights.
Chairperson,
Allow me at the point to briefly highlight some of our programmes through which we seek to advance equal justice, human rights and the rule of law.
Creating a safer South Africa
The National Development Plan envisages a South Africa “where everyone feel safe at their homes, school and work, women walk freely in the streets and children play safely outside.” This is an inspirational vision that propels everyone in the Justice Crime Prevention and Security cluster to do more. As a result of this inspiration, the concerted and integrated efforts of the cluster and law enforcement agencies are bearing fruits. This is evident from the Victims of Crime survey conducted by Statistics South Africa between January and March 2012. The following outcomes of this survey which targeted a sample of households across all provinces of our Republic, are worth noting:
- Most households (66,4%) travel less than 30 minutes to the nearest police station
- 90% of households know where the nearest magistrates courts are situated
- 53% expressed satisfaction with how the courts dealt with perpetrators of crime and listed conviction rates and appropriate sentences as reasons for their positive attitudes towards the courts
- 35% felt that the courts were lenient in dealing with perpetrators of crime while a further 25% felt that the cases dragged for too long due to long postponements
As the Justice Crime Prevention and Security cluster and law enforcement agencies, we commit to do more to exceed the targets that we have set ourselves.
It is in this context that we note, with regret, the attack on the National Prosecuting Authority and the sentiments by some that this important constitutional institution is in deep crisis. These sentiments are far from the truth. May I reassure this Honourable House and South Africans that the National Prosecuting Authority is in a healthy state and continues to carry its constitutional mandate without any fear, favour or prejudice. We will be tabling the Annual Report of the NPA in the very near future which will show some of the important strides that this institution and the Justice sector as a whole has made in advancing the course of justice. It is from the concerted efforts of the prosecutors, the judiciary, legal professionals and support staff that we are able to report the following:
- Of the 916 917 new cases registered for the 2012/13 financial year, 942 792 have been disposed of by 31 March 2013. This shows a higher disposal rate against new cases registered
- offenders sentenced to life imprisonment increased from 400 in 1994 to 11 000 by March 2013
- conviction rates across all levels of the courts show an overall increase 89,9 increase for all courts which is broken down as follows: District Courts recorded an 90,5% from the 88,1 % they obtained in 2012; the Regional Courts recorded a 91,9% in 2013 an increase on the 74,3% attained in 2012; and High Courts recorded a 87,5% in 2013 an increase on the 84% in 2012
- sexual offences recorded a conviction rate of 65,8% up from 65,1% in 2012
- commercial crimes recorded a 92,9% conviction rate, up from the 91,6% attained in 2012
Backlog courts continue to play a significant role in reducing our case load. These courts have finalised 57 668 cases since their establishment in November 2006. We have taken a conscious decision to create permanent posts of magistrate and supporting staff in instances where these courts have been sitting for lengthy periods of time continuously.
Honourable Members,
It is important to stress that our courts sit every day and in those courts, each and at any given time every one of the more than 3100 prosecutors countrywide, put his or her best foot forward in search of a conviction. That is their job which they do under the supervision of their line managers, who in turn function under the watchful eye the Director of Public Prosecutions in each province.
The productivity of our courts is further enhanced by the efforts of the Judiciary who, under the able leadership of Chief Justice Mogoeng. Case flow management structures at both the High Courts and Magistrates’ Courts are in place to monitor each stage of the trial. A National Efficiency Enhancement Committee comprising the Heads of Courts, Directors-General of Justice and Constitutional Development and Public Works, Heads of the NPA and Legal Aid SA which was mooted by our Chief Justice, has been established and meets regularly to address blockages across the criminal justice value chain.
I also have structured meetings with Heads of Courts where challenges that remain resolved are escalated at this level of engagement. We continue to leverage mutual benefits and draw strength from the Government’s motto that “Working together we can do more”. My colleagues the Police and Correctional Services who are here with us today will attest to that.
We are grateful that Parliament has finalised the Judicial Code of Conduct which is come into effect. We are optimistic that the Regulations on Judges Registrable Interests which I am advised that this House is still considering will be finalised soon. Both the Code and the Regulations will go a long way in strengthening measures that are geared to promote and enhance judicial independence and accountability.
We have also stepped-up our efforts to combat corruption. The close interaction between the Special Investigating Unit, Anti-Corruption Task Team (ACTT), the Hawks and the Asset Forfeiture Unit is yielding notable results. We are forging ahead with the naming and shaming of 33 persons convicted of serious acts of corruption. As I indicated in our pre-media before the debate of our budget in the National Assembly last Wednesday, the names will be released this coming Sunday, 9 June 2013. We believe that by naming and shaming those who shame the good name and integrity of our beloved country will dissuade the would-be corrupters from pursuing criminal and corruptive behaviour that will compromise their integrity and self-worth.
Let me warn the perpetrators of sexual and gender-based violence: We are ready to deal with you!
The Sexual Offenses Unit in the NPA and their counterparts in the Family Violence, Child Protection and Sexual Offences Units in the SAPS are ready to meet you in our 57 dedicated Sexual Offences Courts – where you will face the full might of the law.
Last year these units secured over 363 life sentences in sexual offences cases. Our political commitment to this objective is matched by the allocation of additional financial, human and technological resources. This will ensure that we create conditions in which the dignity of victims is respected and the maximum convictions can be secured.
Additional intermediaries are being appointed, CCTVs are being installed and additional Magistrates will also be appointed.
Transformation of the Judiciary
Honoured Members,
We are pleased that this Honourable House has approved the Constitution Seventeenth Amendment Act, the Superior Courts Bill and the Sheriffs Amendment Act. These pieces of legislation are geared to further advance the transformation of our Judicial System. The Superior Courts Bill in particular, provides for a legislative mechanism for the rationalisation of the 13 High Courts. These courts will be rationalised into nine Divisions of a single High Courts, with one Division in each province. After a long wait, the people of Limpopo and Mpumalanga provinces will, for the first time, have their own High Courts. They will thus be spared the pain and cost of travelling to Pretoria to access the High Court which they have endured for so long.
I am pleased to report that the South African Judicial Education Institute, which is assigned the responsibility for the training of aspirant and serving judicial officers, is in full swing. Since it commenced with judicial education programmes in January 2012, the Institute has trained 2187 judicial officers (Judges and magistrates) in 56 seminars/educational workshops, the seminars focused on various areas of judicial work.
Chairperson,
The finalisation of the Traditional Courts Bill which is before this Honourable House, will not only repeal the remnants of the Black Administration Act, of 1927, but also will also bring the quasi-judicial functions of traditional leaders in conformity with our Constitution. In the absence of a regulatory framework, it becomes difficult for traditional leaders to be held accountable for the exercise of their quasi-judicial functions which relate to dispute resolution. The complaints and alleged acts of abuse of public power by certain traditional leaders, including the gender prejudices and biases against women, are not the consequences of the Bill but the absence of a regulatory framework to regulate their quasi-judicial mandate.
Honourable Members,
The department will soon be commencing with the review of the powers and functions of Justices of the Peace, who similar to traditional leaders, have an important quasi-judicial function in the administration of justice.
Chairperson,
Transformation of the legal profession
The transformation of the legal profession is another important area we are focusing on. The Legal Practice Bill which is before Parliament, seeks to change the systemic make-up of the profession. It establishes a democratically elected governance structures that will regulate the admission and conduct of legal practitioners, amongst others. The Bill also set out a framework for the complete overhaul of the admission requirements and vocational training which have become barriers to access to the profession for the Previously Disadvantaged Individuals. Receiving special attention will also be the enrolment of women into the profession.
We are moving steadfast with our reform of the State Legal Services. I will soon introduce into Parliament, a Bill that will replace the State Attorney Act of 1957. This Bill seeks to establish a dispensation of Solicitor-General who will represent the state in civil litigation. Furthermore, we have increased the allocation of legal work and briefs to Previously Disadvantaged Individuals from the 65% we set in May last year to 70% this current financial year. We are confident that the target we have set will benefit more women, and thereby enhance their opportunity to nurture their legal skills which is indispensable for appointment to the bench.
Chairperson,
Capital Works Programme
Since 1994 we have built 43 new courts most of which are in rural villages and areas that were previously marginalised. We have also upgraded 24 Branch Courts and converted them into full services courts.
The current major capital projects are the construction of the Limpopo High Court which is scheduled for completion by June 2014. The construction of the Mpumalanga High Court is expected to commence in July this year with an anticipated completion date of October/November 2015. A further eight new Magistrates Courts will be constructed within the next 5 years. These courts are: Dimbaza and Bityi in Eastern Cape province; Mamelodi in the Gauteng province; Port Shepstone in KwaZulu-Natal; Springbok and Garies in the Northern Cape province; and Plettenberg Bay and Goodwood in Western Cape province.
Over the next three years, the department will spend R3,1 billion on the construction of courts and other infrastructure projects. A further R96 million will be spent on day to day maintenance and R291 million on rehabilitation of court facilities over the next three years.
Maintenance and services of the Master of the High Court
The increasing demand of maintenance services has challenged the department to find innovative ways to facilitate maintenance cases and make speedier payments to maintenance beneficiaries. We introduced the Electronic Funds Transfer (EFT) system to improve the efficiency of our courts. We are rolling out EFT system to all courts and Master’s offices.
This year we have also increased the centres for payment of Guardian Fund benefits from 10 in our previous financial year to 29. This Fund, the value of currently stands at R9billion, contributes to the improvement of the quality of life of thousands of our orphaned children.
Small Claims Courts (SCCs)
Through Small Claims Courts we ensure that the most vulnerable and poor members of society, in disputes of a lesser value, are able to obtain legal remedies without having to fork out a cent to obtain services of a lawyer.
We are on course to reach our target of establishing at least one functioning and active Small Claims Court for each and every one of South Africa's 387 magisterial districts.
Budget Allocation
Honourable Members,
A total budget of R16,7 billion has been allocated to the department for the 2013/14 financial year. Of this budget allocation R5,8 billion is allocated to the Court Services programme, R3 billion is for the NPA and R1,84 billion for Public Entities and Chapter 9 Institutions.
Growth in 2013/14 is driven by the following:
- carry through cost of salary increases;
- Investment in Thuthuzela care centres;
- Major investments in IT upgrades and systems development as part of the CJS (Criminal Justice System); and
- Additional capacity for the Legal Aid, the Office of the Public Protector and the South African Human Rights commission over the MTEF period.
In 2013/14 financial year the department envisages to spend R1,9 billion on Public Prosecutions, R159 million on witness protection, R116 million on Asset Forfeiture, R305 million on the Special Investigating Unit and R1, 36 billion on Legal Aid . In support for constitutional institutions, the department will transfer R116 million to the Human Rights Commission and R199 million to the Public Protector.
In conclusion, let me thank my Deputy Minister, Mr Andries Nel for his unwavering support, the Director-General, Ms Nonkululeko Sindane, the Secretary-General, Ms Memme Sejosengwe, Heads and Chairpersons of statutory bodies and their respective management and the entire staff in the justice family for their tireless efforts.
A special word of thanks goes to the Chairperson of the Select Committee on Security and Constitutional Development and members of the Committee for their leadership and guidance.
I thank you.
