Political overview by the Minister of Justice and Correctional Service, the Hon Ronald Lamola, MP on the occasion of the presentation of the briefing by the Department of Justice and Correctional Services to the Portfolio Committee on Justice and Correctional Services.
Chairperson the Hon Bulelani Magwanishe;
Honourable members of the Portfolio Committee and other members present
Deputy Ministers for Justice and Correctional Services, Mr John Jeffreys and Nkosi Phathekile Holomisa;
The Director General Vusi Madonsela;
Senior Officials from the Department of Justice and Correctional Services;
All guests present;
Honourable members
Allow me to express my profound gratitude for the privilege of addressing this august Portfolio Committee at its inaugural meeting of the 6th Parliament of our democratic State.
The deliberation over the Annual Performance Plans of the three departments and entities that form the Justice and Correctional portfolio which will be debated over the next few days provides an opportunity to be introduced to each other as we continue the journey of hope and renewal. As we do so, let me, at this point, congratulate the Honourable Chairperson, the Hon Bulelani Magwanishe, on his election to lead this Committee. On behalf of the entire Ministry comprising myself, the two Deputy Ministers and the departments and the entities we represent, I wish to assure the Chairperson and Members of the Committee of our cooperation and commitment towards the work under its auspices. We look forward to your esteemed leadership and guidance as we navigate through the tasks, both big and small, that lie ahead. You can count on our youth-powered energy to go the extra mile.
The people of South Africa have, through the recent national democratic elections, bestowed on all of us to champion the speedy resolution of the persistent challenges of poverty, unemployment and inequality which are clearly outlined in the National Development Plan Vision 2030 (NDP). Our efforts and by extension the health of our young democracy will be measured against the extent to which we have been able to build an inclusive economy, substantially reduced unemployment, especially amongst the youth, eradicated gender based violence and created a conducive environment for the advancement of the Rule of Law. It is in this context that we are fully conscious of the important role that the Justice sector must play in advancing the radical socioeconomic transformation agenda to realise those transformative ideals and to grow South Africa together.
Upon my appointment to this portfolio, I have had an elaborate briefing from the previous Minister, Adv Masutha as well as from senior officials from the departments of Justice and Constitutional Development, the Office of the Chief Justice and Correctional Services and some of the entities that fall under the portfolio. I hope to meet the remaining entities which I could not engage with in the shortest space of time. I have also been in liaison with the Chief Justice with whom we have agreed to meet soon. This is very important as the Judiciary does not only play a critical role in this portfolio and government, but is an indispensable cog of the State machinery. I will, during the budget vote debate later this month, reflect deeply on the aspects I would have canvassed with him as head of the Judiciary.
For purposes of today’s discussion I have been asked to reflect mainly on the Annual Performance Plans of the departments and their respective entities as well as the Budget. I am hopeful that my reflection and the presentation by the departments and their entities will enable the Portfolio Committee to exercise its oversight role over us as the Executive.
As Honourable members would know, we are in a transitional phase towards a new Medium Term Strategic Framework (MTSF). The new MTSF will infuse the priorities that were identified by South Africans during the robust electioneering season that we have just emerged from. These priorities have been succinctly and unambiguously outlined by the country’s first citizen, President Ramaphosa, in the recent State of the Nation Address. Both the SONA and the areas of emphasis that emanated from our Cabinet lekgotla form our important points as we focus on the work at hand.
The immense mandates of the three departments and a combination of no less than 10 entities and statutory bodies under their ambit underscore the enormity and magnitude of this portfolio. Of these entities, the National Prosecuting Authority, Legal Aid South Africa and the Special Investigating Unit present their separate Annual Performance Plans apart from their mother departments. The work of the other entities and statutory bodies, amongst them, the Asset Forfeiture Unit (AFU), Information Regulator, SIU Special Tribunal, South African Law Reform Commission, South African Board for Sheriffs, Rules Board for Courts of Law, Council for Debt Collectors, Judicial Inspectorate, National Council for Correctional Services, Legal Practice Council and Provincial Councils and the South African Judicial Education Institute in incorporated into the APPs of their line-function department. Honourable Members will be the full run down of their role and contribution in the Justice value chain.
I will give a reflection of the APPs of the departments and the entities that are required to table their plans to his this august House.
I have decided to defy the advice of our technocrats that I start with the Department of Justice and Constitutional Development and end with Correctional Services and decided to reverse the sequence. The President prefaced his State of Nation Address reminding us of the agony of the devastating effects of the Land Act of 1913 which took effect in the month of June. Furthermore the emphasis on the challenges facing the youth in SONA was in remembrance and the resilience of the generation of 1976 who on 16 June took it upon themselves to fight the tyranny of the apartheid government.
Similarly, the July month is important in the calendar of our constitutional democracy as in 15 days today we will celebrate, together with the world at large, the role and contribution of our world icon and statesman Nelson Mandela. In honour of the immense contribution that our beloved first President of a free and democratic South Africa, the United Nations adopted what have become known as the Mandela Rules which are the Revised Standard Minimum Rules for the Treatment of Prisoners. These Rules provide a set of universally acknowledged minimum standards for the treatment of inmates. Our Mission, in honour of Madiba’s remarkable long walk to freedom is to translate these rules into daily reality for inmates in our 243 correctional centres country-wide.
In giving effect to its legislative and policy mandate, over the medium-term, the Department will prioritise providing appropriate services for safe, secure and humane detention in correctional centres and remand detention facilities by means of providing needs-based rehabilitation programmes and interventions to sentenced offenders and reintegrating offenders into communities. The Department has embarked on projects which are aimed at equipping inmates with agricultural skills and training in the cultivation of vegetables, meat, chicken, fruit and milk production. It is thus exciting to note that 3,307 inmates have opted for agriculture as a career of choice, and will want to see this number increasing.
Looking at trends over the years, the percentage of sentenced offenders in correctional programmes is expected to remain at 80%. The number of inmates stood at 162 875 as at 31 March 2019 against the bed spaces of 118 572 which translates to a 37% level of overcrowding. Overcrowding will therefore remain a reality as the Department cannot refuse to detain inmates since this will be equivalent to the breach of section 165(5) of the Constitution of the Republic of South Africa which provides that an order or decision issued by a court binds all persons to whom and organs of State to which it applies. We are mindful that the challenge of overcrowding in our correctional centres continues to undermine the creation and maintenance of a safe and secure environment for inmates and personnel at the coalface of service delivery as well as delivering efficient and effective rehabilitation. The down management of the inmate population requires an integrated approach which takes into consideration external factors that indirectly and directly drive the population levels. These factors include criminal tendencies in society; increased focus on implementing effective measures to combat and prosecute crime, the unemployment rate, the economic climate of the country, impeding legislation such as mandatory minimum sentences with limited investment on building an efficient and an effective non-custodial system. While the latter will require buy-in from the community at large, it is a critical option for exploration considering the socio-economic status of the country.
It has been brought to my attention that the Correctional Services Act, which is 13 years old, requires a review, given new developments in fields such as restorative justice, child justice, rehabilitation and social reintegration and victim empowerment. The scenes at the St Albans Correctional Centre which caught the imagination of many South Africans demand that we transform our Correctional Centres from being havens of drug and gang syndicates into proper rehabilitation centres. A point I have observed during my engagement with the different departments and entities is the need to locate law reform across the entire portfolio in place which is ideally the Department of Justice and Constitutional Development. This in view of its proximity to the work and mandate of the South African Law Reform Commission. This therefore brings me to the DOJ&CD’s APPS.
DCS demonstrated character and courage when it had to in-source provision of nutrition to inmates within six weeks, in its 26 kitchens which were serviced by African Global Operations (AGO), formerly known as Bosasa.
AGO’s contract was terminated in March 2019 and it is a courageous reflection as inmates are now preparing their own meals and no major challenges were reported. The kitchens continue to function optimally and inmates are benefiting in terms of skills attainment.
The insourcing of food services for inmates has in turn opened doors for local businesses to supply perishable and non-perishables food items to DCS. Hence a concerted effort is being made to boost small businesses who generally battle to attract customers and maintain profitability, which often hinges on access to markets. By stimulating the inclusion of local enterprises, where correctional centres are located, this will translate into ripple effects which must realise job creation through the development of small, medium and micro-enterprises as well as the advancement of designated groups such as youth and women.
Justice and Constitutional Development
The department derive its mandate largely from Chapter 8 of the Constitution titled “Courts and Administration of Justice” and a maze of legislation that pertains to the administration of justice. The Department tentacles spread across various chapters of the Constitution in the Bill of Rights. Specific provisions of the Bill of Rights include section 9 on Equality; Section 12 on Freedom and Security of the person; Section 14 on Privacy; Section 28 on Children; Section 32 on Access to Information; Section 33 on Just Administrative Action; Section 34 on Access to Courts; and Section 35 on “Arrested, Detained and Accused Persons. There are several laws administered by the Department which flow from these constitutional provisions, which are aimed at advancing and sustaining constitutionalism and the rule of law. Its mandate extends to the Traditional Courts which are established in terms of Chapter 13 of the Constitution. Therefore the mandate of the department is vast and wide. Attempts to define each area of the Department’s mandate will defeat the purpose of my presentation which is to provide a political overview into which the Director-General and Heads of the Entities supported by their respective teams add the flesh.
Honourable Chairperson,
Allow me to highlight the following aspects which I believe are key to the work of the Department and its entities and the transformation trajectory that many South Africans want to see. The achievement of these priorities will bring us close to the rallying theme of the Justice Crime Prevention and Security cluster that “All in South are and feel save.”
These briefly relate to the strengthening the fight against corruption; modernisation of the criminal and civil justice system and the courts, acceleration of the transformation of the State Attorney and legal profession and expeditious enactment of key legislation that require this Committee’s urgent attention.
The Department’s Annual Performance Plan for 2019/20 and that of the entities under its auspices lay a foundation on which the sixth administration may begin its work.
