Briefing, by Ms Brigitte Mabandla, MP, Minister for Justice and Constitutional
Development, Parliament
16 November 2006
Introduction
As the Justice, Crime Prevention and Security Cluster, we continue to focus
on the following priorities:
* better crime prevention and public safety
* the strengthening of the criminal justice system
* the improvement of our national security.
Reducing the levels of crime
Various integrated cluster operations were conducted to reduce contact
crimes in the priority stations. During the period August 2006, 1 218 firearms
were reported lost/stolen and 2 209 firearms were recovered during operations.
220 repeat offenders were arrested on 459 cases for serious and violent crimes
ranging from cash-in-transit heists, murder, rape, armed robbery, bank
robberies, hijackings, attempted murder and rape. 18 syndicate leaders and 65
syndicate runners were arrested. The Asset Forfeiture Unit initiated new cases
to the value of R31,1 million. It completed 39 cases with an 87% success rate,
which exceeds the set target of 85%.
Improving effectiveness of the criminal justice system
14 593 paid reservists were called-up to address specific crime threats at
station level.
As an ongoing process, the Department of Correctional Services is managing
levels of sentenced offenders through improving effective and appropriate use
of the conversion of sentences to community correctional supervision, release
on parole, and transfers between correctional centres to attempt to establish
some degree of consistency with regards to overcrowding within the Correctional
Facilities. This also includes the promotion of the use of alternative
sentencing options other than imprisonment and encouraging SAPS to use
alternative methods (in appropriate circumstances) to secure the attendance of
accused in court, other than arrest.
Case backlogs
The reduction of case backlogs is a priority of the Government's Programme
Of Action (POA). The number of outstanding cases has reached high levels and
the case cycle time, which is the time from when cases are reported and enter
the justice system and the time they are finally decided upon by the courts,
continue to be unreasonably longer.
District Courts
At the end of March 2005, the backlog in the District Courts comprised 9%
(14 763) of the total of 158 120 outstanding cases. The backlog has now been
increased to 11% at the end of March 2006. A total of 16 663 cases of the total
of 149 591 outstanding case roll comprised cases on the roll for a period
longer than 6 months.
Regional Courts
Regional courts which deals only with criminal cases only as compared to
district courts which deals with criminal, civil and family law-related
matters, adjudicate more complex criminal cases than district courts and have
jurisdiction to impose more severe sentences. The backlog in the Regional
Courts has also increased by 2%. At the end of March 2005 there was 40% (18
832) of the total of 46 889 outstanding cases, compared to 42% (20 252) of the
total of 47 813 outstanding cases at the end of March 2006.
High Courts
On average, there were 41 new cases in any high court during the period of
January to December 2005, compared to 17 in the same period in 2004. Roughly 8
cases were received per high court for minimum sentencing, while 18 could be
finalised per high court with a verdict. The average high court hours in 2005
was 3 hours 7 minutes, compared to 3 hours 28 minutes in 2004. The average high
court had 13 cases on the outstanding court roll compared to 18 cases in
2004.
High courts also experience serious backlogs in appeals (from the
magistrates' courts and from the high court decisions to the full bench appeal
courts. The greatest challenges are at the Pretoria High Court where
outstanding appeals stand at 2 173 cases.
In summary it can be concluded that the main problems regarding backlogs are
thus experienced at regional court level with a 42% backlog rate.
Challenges
One of the challenges is that of a serious lack of uniform, accurate, timely
court management information per court. The work done regarding the e-scheduler
and the appointment of court managers will assist to address this issue.
Dealing with backlogs and improving case cycle time
Some of the other measures taken to deal with the case backlogs include the
following:
* To assist Case Flow Management, the e-scheduler has been developed as a
tool to enhance case management information through information technology at
court level. The e-scheduler is currently operational at 51 courts. However it
is envisaged that the system will be implemented in all the lower courts by the
end of June 2007. It is now easier to monitor the system and cases captured
because users from various courts are linked to a centralised web-based
system.
* In addition, a scanning solution is being investigated to form part of this
system. Interface of the e-scheduler with the police, corrections and
prosecution systems is being explored, to share information across the criminal
justice system.
* In improving the situation of children, case cycle times have improved,
especially regarding cases involving children. Department of Correctional
Services data shows a reduction of 30%, from the 1 775 during January 2005 to 1
243 children awaiting trial during January 2006; and a further reduction to 1
138 children awaiting trial in prisons at the end of March 2006.
* The Legal Aid Board (LAB) has in general implemented a project to focus on
awaiting trial detainees who have been in custody for more than a year.
* The National Prosecuting Authority (NPA) is monitoring, in conjunction with
the South African Police Service (SAPS), the quality of investigations (and
time taken to conclude them) and evidence; and improving the management of
witnesses.
* The high influx of cases in our Lower Courts, especially in the District
Courts, necessitated the consideration of alternative methods to reduce trial
cases. One of the alternative dispute resolution processes applied with great
success in our Lower Courts is the diversion process of first-time offenders in
less serious matters. The Lower Courts managed to improve the number of cases
diverted with a remarkable 102% compared to the total number of cases diverted
during the previous financial year. A total of 18 925 more cases were diverted
during 2005/2006.
* Plea bargaining and sentencing agreements were reached on 2 164 offences. The
increase in plea and sentence agreements is assisting in improving case cycle
times.
Transformation of the judiciary
Cabinet will consider, later this month, proposed legislation providing for
procedures to deal with complaints against judicial officers and establishing a
framework for judicial education. The proposed legislation follows intense
discussion with the judiciary and I am pleased that the judiciary acknowledges
the urgency of the matters. The enactment of these Bills will be a major step
in our quest to transform the judicial system in its entirety as they will
ensure accountability, higher level of skills and competence within the
judiciary.
I also need to touch briefly on the matter of Judge Squires which has raised
some debate. With regard to the matter about alleged impropriety by the Supreme
Court of Appeal (SCA) judges, relating to the appeal by Mr Shaik and the
subsequent statement by Justice Squires, I would like to emphasise that that
issues relating to the impropriety of judges are the preserve of the Judicial
Services Commission (JSC). The Constitution provides for processes and
procedures that need to be followed in this regard. Therefore, if any persons
have complaints of serious impropriety against any of the SCA judges, they must
lodge their complaints with the JSC.
On the other hand, if any person takes issue with any aspect of the
judgement itself, then the appropriate cause of action to follow is to make use
of whatever remedies are provided in law. Depending on the remedy chosen such a
person will have to approach either the SCA or the Constitutional Court.
The rule of law demands of all of us, even if we feel aggrieved by any
pronouncement of the court, to uphold and promote the legitimacy and confidence
in our courts, by dealing with such disputes rationally, on the basis of the
facts and in accordance with the processes and procedures provided in law. In
the new democratic dispensation there has been an evolving and growing
confidence in the judiciary from our people. We should all continuously strive
to promote and build on this evolving positive response of our people.
Border Control and Security
The Cluster has drafted a comprehensive and holistic border control strategy
to deal with issues of security in South Africa's borders, especially during
this upcoming festive season. The strategy addresses South Africa's security
taking into account the country's other priorities of promoting trade, tourism
and development.
Pardons
With regard to pardons, the power to grant pardons is vested in the
President by Section 84 of the Constitution. The department has analysed and
processed the applications by 1 107 prisoners, who claim that their crimes were
politically motivated. The applications are being considered within the
existing legal framework. What complicates some of these applications is the
fact that some are serous offences in respect of which long prison terms were
imposed. We will revert to you in due course on this matter.
Legal Services Charter
Improving Access to Justice for all is a fundamental pillar of the Legal
Services Charter. Access to Justice can only become a reality through the
transformation of all key aspects of the legal services sector. This includes,
inter alia, transformation of the Judiciary, transformation of the legal
profession, transformation of mindsets and the realisation of the right to a
fair trial, including effective and affordable legal representation.
The provision of legal services in rural and historically black communities
is severely hampered by a general shortage in the numbers and distribution of
legal practitioners in the country. The Charter seeks to address this through
not only increasing the number and distribution of legal practitioners; but
also through improving the quality of legal representation. One of the
charter's responses to this challenge is to facilitate the increase in the
number of black female and disabled lawyers. The development and transfer of
skills for legal professionals also ranks high on the list of priorities of the
Charter.
Big Events
A dedicated structure for continuous safety and security planning for the
2010 World Cup has been established and has developed a strategy to co-ordinate
the gathering and dissemination of intelligence to clients and partners in
support of the Safety and Security Master Plan.
Apart from the provision of tournament security advisory services, the
National Intelligence Agency (NIA) will also be responsible for the screening
of accredited persons (subject to certain exceptions agreed to with FIFA). It
will also be responsible for the protection of the integrity of tournament
telecommunications and information technology.
Issued by: Department of Justice and Constitutional Development
16 November 2006
