Justice Crime Prevention and Security Cluster media briefing, Pretoria

Transcript of briefing session 
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briefing
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30 October 2008

Introduction

This report represents the progress made by the Justice, Crime Prevention and Security (JCPS) Cluster, as part of the regular report-back on the work done by the various clusters in pursuance of the Apex Priorities that were identified at the beginning of this year. One of the objectives of the Cluster is to ensure a seamless, comprehensive and integrated approach.

The report will cover the following broad categories:

* Review of the Criminal Justice System 
* serious and violent crime
* detention and rehabilitation of offenders
* issues relating to migration; and 
* the protection of major events.

Review of the Criminal Justice System

With regard to the Review of the Criminal Justice System (CJS), various task teams are co-ordinating activities relating to the seven-point action plan. The seven-point plan includes aspects such as the development of protocols between departments dealing with court processes and bail, revisiting the cases of awaiting trial detainees that were granted bail but are still in detention because they cannot afford the bail. The plan also involves drafting various pieces of legislation to improve the functioning of the CJS, such as, dealing more effectively with DNA, fingerprints and biometric data.

The case reduction backlog project has been integrated into the Review of the Criminal Justice System process.  This entails the usage of courts designated for specific purposes as way intervening in special cases such as xenophobia matters.

Redesignation of Branch Courts

A key initiative seeks to increase the proximity of justice services to communities, particularly those living in rural and township areas. At the same time it will address some of the historical inequalities around the distribution of justice services.

The process involves re-designating Branch Courts - part of the old, apartheid drawn jurisdictional areas which denied access to justice to millions of people. The re-designation will ensure that they become fully-fledged courts that will not deal with criminal cases only, but with other civil matters as well.

The Notice for the re-designation of 20 of the 90 Branch Courts as proper main courts to provide a full range of court-related services will be published in the Gazette in November 2008. This will address the hardships endured by the communities who receive limited services from Branch Courts and have to commute to the towns and cities to access services such as maintenance, domestic violence, children enquires and deceased estates.

The areas which will have fully fledged courts include Mamelodi, Alexandra in Gauteng, Motherwell in Eastern Cape, Khayelitsha in Western Cape and Ntuzuma in KwaZulu Natal. The re-designation of the Branch Court will be followed by the e-alignment of magisterial districts with municipal and provincial boundaries to increase access to justice.

Mainstreaming the traditional justice system to enhance access to justice

This year the Traditional Courts Bill, which seeks to mainstream the traditional justice system, was introduced in Parliament. The envisaged legislation provides for the revival of Traditional Courts, enabling less serious criminal cases and civil disputes to be diverted from the already overburdened mainstream courts. Issues such as petty offences and cases that require a restorative justice approach will be dealt with speedily by Traditional Leaders who would have undergone specialised training on mediation and dispute resolution.

Piloting the use of indigenous languages

It is important that the Department ensure the provision of equal access to justice for all South Africans, with particular focus on the poor and vulnerable.

In line with this, the Department is piloting an initiative that promotes the use of indigenous languages in courts. The pilot will involve selected magisterial courts in all 9 provinces, where the dominant language of that province will be utilised in the courts, which have traditionally utilised English and Afrikaans, making the court processes more accessible and understandable to ordinary citizens.

Independence of the judiciary

The Cluster upholds the independence of the judiciary and recognises the supremacy of the Constitution and the rule of law in all matters. A key priority is the transformation of the judiciary with regard to gender and race representation, but with the proviso that appointments are made to the Bench on the basis of competence and professional skills.

Crime reduction

The Cluster’s Crime Reduction Project continues to be dictated to by the 7-10% annual target that was set by the government in 2004.

For instance, we can cite the following separate incidents that were achieved in the crack down in 419 Scams.

A Japanese national was lured into South Africa by a group of Nigerians with a false investment promise. The South African Police Service (SAPS), acting on intelligence, rescued the man unharmed from a house in Rosettenville, Johannesburg. Two suspects were arrested and appeared in the Kempton Park Magistrate’s Court on charges of kidnapping.

In another incident seven suspects were arrested for kidnapping in an attempt to extort money from a man’s family by demanding a ransom of 5 million US dollars.

It is believed that this syndicate can be linked to at least four other similar cases. The SAPS believes that they have cracked the syndicate and closed down their headquarters.

Serious and violent crime

The Cluster continues in its attempt to put more resources to the Moral Regeneration Campaign to deal with social crime.

The SAPS has made significant progress in the investigation and prevention of ATM bombings. The approach in dealing with this crime enables the SAPS to deal with any deviation of the modus operandi of the perpetrators. A number of suspects have been arrested.

Some of the successes include:

The arrest of five suspects in Soweto, Johannesburg before they could blow up an ATM and an AK 47 rifle, shotgun and a pistol were recovered. In another incident, five suspects including two women were arrested in KwaZulu-Natal, a rifle and rounds of ammunition were recovered. In the North West, four suspects were arrested. Explosives and cash were recovered including an AK 47 rifle, shotgun and three pistols.

A total of 344 suspects were arrested by the SAPS Organised Crime Unit in the period from July to September 2008, with 43 suspects arrested for Cash-in-transit robberies and 17 suspects for ATM bombings.

Partnerships in the fight against crime

The willingness of communities towards the fight against crime plays a critical role in crime reduction.

The Cluster has held public awareness campaigns of the causes and implications of crime; including the purchase of stolen property is a key factor in crime prevention. This programme involved the development of a focused, needs based public education programme, which aims to alter public attitudes and responses to crime and to activities which support crime. It is also vital in forging a national vision around crime prevention.

The role of members of the public in assisting the departments through existing structures such as Community Police Forums (CPFs), reservists as well as Business Against Crime initiatives cannot be under estimated. The Crime Line project with the media has proven to be extremely successful. To date, a total of 506 suspects have been arrested and stolen property, drugs and counterfeit goods worth a total value of R20.4 million were recovered. All the print and electronic media are encouraged to contribute in the fight against crime.

Positive messages reinforcing the Anti-Crime Campaign are being disseminated by partners in the Movement for Good Initiative to the public. This project is being led by the International Marketing Council.

Operation Festive Season

With the festive season approaching, government has had extensive consultations with the private security industry to partner in the fight against crime. 
The main focus was ensuring compliance with regulations.

An Operation Festive Season plan has been completed. It will ensure effective crime prevention before, during and after the festive season. The aim will be to ensure safety to our local and foreign tourists. Special attention will be given to the following;

* aggravated armed robberies, including house robberies
* firearms, liquor and offences relating to property
* matters relating to border security
* gender-based violence
* the enforcement of by-laws.

The Cluster is planning to address the known impact of the festive season on the increase of children in conflict with the law. Operation Festive Season will deal with the effects of closed schools and children who are left alone at home during school holidays. Communities should play a proactive role in protecting children as potential victims or perpetrators of crime.

Cash-in-transit robberies which had shown a decrease, usually peak during this season. In order to deal with this phenomenon more resources will be channelled towards the implementation of the plan.

Safety on public transport

Two railway contact points - Bellville, Western Cape and Park Station, Johannesburg - have been officially launched. Twenty-four (24) police contact points are under construction. More than 2 144 police members have been deployed in the railway environment to ensure safety on trains.

Victim empowerment programmes

The implementation the Victims Charter and empowerment programmes is one of the Cluster priorities with on emphasis on crimes against women and children.

Violence against women and children will be confronted by all sectors of the society, including government and other formations. An interdepartmental plan for the 16 days of Activism against violence against women and children has been completed. The programme starts on 25 November 2008.

Reduction of remand detainees

The Cluster continues to improve interventions aimed at improving case flows and reducing numbers of Remand Detainees. At the end of August 2008, 47 848 remand detainees were incarcerated in Correctional Centres nationally. Of this number 8 677 were detained for three months or more, showing a marginal but important decline of less than a percentage point, less by 85 detainees compared to July 2008.

The JCPS Cluster continues to promote the placement of those posing little or no danger to society under correctional supervision in line with relevant legislation. In August 2008, 6 549 offenders were placed under correctional supervision and on parole. One of the major challenges adversely affecting these efforts is lack of family and community support for qualifying offenders some of whom have no permanent address to help monitor their adherence to the parole conditions.

Enhancing rehabilitation of offenders and help reduce recidivism (repeat offenders)

Efforts to ensure productive engagement of offenders through various development and care programmes continue to increase with good spin-offs even in terms of reducing offender cost of incarceration to the fiscus.

Directorate of Special Operations (DSO) and SAPS amalgamation

After an elaborate process of consultation by Parliamentary Committees with civil society, SAPS and the DSO, the National Assembly has passed legislation to establish the Directorate for Priority Crime Investigations (DPCI).

In terms of the new legislation selected SAPS and DSO members incorporated into the DPCI will be augmented by seconded personnel with the required expertise and skills from other government bodies such as the South African Revenue Service, Financial Intelligence Centre and National Intelligence Agency. The unit will be an additional capacity in the fight against crime.

Major events

The security preparations and resourcing of the SAPS for the FIFA Confederations Cup in 2009 as well as the 2010 Soccer World Cup are well in advance. Various simulation exercises were held in different provinces. This has been an excellent training opportunity for preparations for the 2010 FIFA Soccer World Cup. It involves simulated scenarios and other aspects of (our) contingency plans to deal with any form of airborne and land borne threats. The next simulation exercise will be held in Gauteng during January 2009. As part of the preparations the SAPS has recently acquired two R44 Raven 11 helicopters with a further four to be delivered later this year. These helicopters will boost our air-support capabilities.

Issued by: Secretariat for Safety and Security
30 October 2008

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