PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

                             NEW MEMBERS

                           (Announcement)

                             NEW MEMBERS

                           (Announcement) The SPEAKER: Order! I also have to announce that the vacancies that occurred due to the loss of membership of the National Assembly by Mr D V Bloem and Ms E Ngaleka have been filled by the nomination of Ms L M Dunjwa and Ms H B Mkhize respectively, with effect from 20 March 2009.

                                OATH

          CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL

                         (Draft Resolution)

(1)     notes that the Ad Hoc Committee to consider the Criminal Law
     (Forensic Procedures) Amendment Bill was due to Report on 10 March
     2009;


(2)     further notes that the Committee reported on 23 March 2009; and


(3)     notwithstanding Rule 214(6)(c), condones the continued existence
     of and the work conducted by the Committee after its term had
     expired.

          CRIMINAL LAW (FORENSIC PROCEDURES) AMENDMENT BILL

                      (Consideration of Report)

            (Consideration of Bill and of Report thereon)

CONSIDERATION OF SHORTLIST OF CANDIDATES FOR APPOINTMENT TO BOARD OF
                    TECHNOLOGY INNOVATION AGENCY

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND
           CONSTITUTIONAL DEVELOPMENT ON FATHERS 4 JUSTICE

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND   CONSTITUTIONAL DEVELOPMENT ON BUDGET VOTE 21: JUSTICE AND CONSTITUTIONAL
                             DEVELOPMENT

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND  CONSTITUTIONAL DEVELOPMENT ON PROGRESS REPORT ON NATIONAL POLICY FRAMEWORK
                FOR THE MANAGEMENT OF SEXUAL OFFENCES

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND  CONSTITUTIONAL DEVELOPMENT ON 2006/07 ANNUAL REPORT OF NATIONAL PROSECUTING
                              AUTHORITY

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND    CONSTITUTIONAL DEVELOPMENT ON 2006/07 ANNUAL REPORT OF OFFICE OF PUBLIC
                              PROTECTOR

CONSIDERATION OF JOINT REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL  SERVICES, PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT AND  PORTFOLIO COMMITTEE ON SAFETY AND SECURITY ON JOINT PUBLIC HEARINGS ON THE
                REVIEW OF THE CRIMINAL JUSTICE SYSTEM

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                     THURSDAY, 26 FEBRUARY 2009

(a)    Reply from the Minister of Water Affairs and Forestry to
     recommendations in the report by the Portfolio Committee on Water
     Affairs and Forestry on price increases of bulk resources (water)
     for the provision of municipal services – section 42 of the Local
     Government: Municipal Finance Management Act, 2003 (Act No 56 of
     2003): Botshelo Water bulk water tariff increase

                        MONDAY, 2 MARCH 2009 COMMITTEE REPORTS

The  Portfolio  Committee  on  Justice  and  Constitutional  Development
reports as follows:

1.      Introduction

 1. The Portfolio Committee on Justice and  Constitutional  Development
    formed a Sub-Committee: Fathers 4  Justice  in  October  2008.  The
    Chairperson of the  Sub-Committee  was  Carol  Johnson,  MP  (ANC),
    member of the Justice Portfolio Committee, and the process has been
    facilitated by Sybil Seaton, MP (IFP), who is also a member of  the
    Sub-Committee.
1.2     Fathers 4 Justice actively campaigns for justice,  equality  and
    transparency in family law. It is  involved  in;  arguing  for  the
    right of a child to see both parents after  separation;  contending
    that a strong gender bias exists within the family law system which
    has led to serious injustice and discrimination;  maintaining  that
    better and less adversarial ways are needed to manage the  divorce-
    access-custody system within a framework of  shared  parenting  and
    responsibilities; campaigning for reform and to raise awareness  of
    these issues; highlighting the consequences of parental  alienation
    syndrome; and providing support and advice on legal procedures  for
    those involved in custody and access cases.

1.3     An initial meeting was held on 8  October  2008  with  the  sub-
    committee and the Regional-Co-ordinator  of  F4J  for  the  Western
    Cape, who briefed the Sub-Committee on the history and  origins  of
    Fathers 4 Justice. A  second  meeting  was  held  in  Durban  on  7
    November 2008 with the Regional Co-ordinator for Gauteng and the Co-
    ordinator for KwaZulu-Natal.


 4. At the meeting in Durban,  Fathers  4  Justice  elaborated  on  the
    systemic problems experienced by fathers  negotiating  the  various
    layers of the justice system in divorce/access/custody proceedings.
    They highlighted their concerns around the  adversarial  nature  of
    family law; the prohibitive costs of  litigation;  the  failure  to
    make mediation mandatory; the  prevalence  in  the  Office  of  the
    Family Advocate of subjective assessments and a lack of consistency
    and standardisation; problems around lack of statistics on how many
    fathers get joint or sole custody; no  educational  information  on
    the rights of fathers in the form of  leaflets  or  pamphlets;  the
    existence in the legal profession/justice  department/courts  of  a
    general  almost  institutionalised  mindset   which   predominantly
    favours the mother when it comes  to  awarding  custody/access  and
    feeds into negative stereotypes of the  father;  and  the  need  to
    promote shared parenting in the best interests of the  child  which
    would be greatly assisted if sections 33 and 34 of  the  Children’s
    Act 38 of 2005 were put into operation.

2.      Issues considered

2.1     The Sub-Committee acknowledged the seriousness of the issues and
    points to prevalent capacity  problems  in  the  Family  Advocate’s
    Office. It also noted that the changing of mindset, in terms  of  a
    pre-existing maternal bias was essential, but  was  also  something
    that would only  happen  over  time  and  through  persistence  and
    education.  Additionally,  reforms  in   family   law   to   ensure
    custody/access cases are dealt with on an individual basis in a non-
    adversarial atmosphere should also be linked to other areas in need
    of reform, such as problems around maintenance.


2.2     The Sub-Committee committed itself to:

     o  Raise  the  issues  with  the   Department   of   Justice   and
       Constitutional Development (DoJ&CD), and specifically  with  the
       Director: Child Justice and Family Law – Promotion of the Rights
       of Vulnerable Groups.
     o Investigate the  possibility  of  liaising  with  the  Portfolio
       Committee on Social Development in  respect  of  the  Children’s
       Act.
     o  Determine  the  progress  of  the  South  African  Law   Reform
       Commission discussion document in terms of  the  development  of
       family/divorce mediation in South Africa and  the  investigation
       into the review of aspects related to the custody of and  access
       to minor children.
     o Determine the status of the Judicial Education Institute.
     o Invite Fathers 4 Justice to a full Portfolio  Committee  meeting
       in  February   2009   with   Department   officials   (including
       representatives  from   the   Family   Advocate’s   Office)   in
       attendance.
3.      Actions by the Sub-Committee

3.1      The  Chairperson  of  the  Sub-Committee  contacted  the  Chief
    Director:  Promotion  of  Rights  of  Vulnerable  Groups   at   the
    Department of  Justice  and  Constitutional  Development,  Advocate
    Shireen Said, to arrange a meeting in  Cape  Town  on  11  December
    2008. The Department responded to the issues raised and:

          i) Requested that Fathers 4 Justice be encouraged to  approach
             the DoJ&CD in a  more  structured  way.  In  past  meetings
             representatives  from  Fathers  4  Justice  have  not  been
             consistent in identifying  and  prioritising  the  problems
             they want addressed by the Department.
         ii) Indicated that a policy framework has  been  developed  for
             the  implementation  of  the  remaining  sections  of   the
             Children’s  Act,  however,  a  multi-sectoral  approach  is
             required  with  the  Department  of   Social   Development.
             Sections 33 and 34 of the Act, which  deal  with  parenting
             plans, are new to South  African  law  and  have  budgetary
             implications - this  has  meant  the  re-prioritisation  of
             funds. There are also training components; Family Advocates
             require training; and family counsellors must be  appointed
             and trained in mediation skills. Analysis of case flow will
             take place to ensure there are enough personnel.
        iii) Acknowledged that the adversarial system  is  not  suitable
             for every case and there is a need to promote the shift  to
             shared-parenting and to focus on mediation and  restorative
             justice. There has been a  shift  in  the  courts  but  the
             Department  needs  to  determine  if  there  has   been   a
             measurable change. The implementation plan for the Judicial
             Education Act 14 of 2008, which  provides  for  a  judicial
             education institute, is being developed.
         iv) Indicated that it has a budget for production of  pamphlets
             and highlighted the need to provide  balanced  information.
             The  Department  queried  the  appropriateness  of  a   new
             pamphlet released by Fathers 4 Justice entitled - Rights of
             the Father - which condemns the DoJ&CD for inaction.


 2. Due to time constraints and limitations due  to  the  parliamentary
    programme it was  not  possible  to  arrange  a  meeting  with  the
    Portfolio Committee on Social Development before Parliament rises.


 3.  The  Sub-Committee  established  that  South  African  Law  Reform
    Commission (SALRC) investigation envisages the development  of  new
    legislation to facilitate mediation in  family  law.  A  discussion
    paper is being finalised and the process around providing  comments
    provides an opportunity for Fathers 4 Justice to contribute to  the
    draft legislation. The incoming  Committee  may  possibly  want  to
    monitor the progress of the report.


3.4     The Sub-Committee also established that the implementation  plan
    for the Judicial Education Institute  is  being  finalised  by  the
    Department. The curriculum will highlight social context and gender
    based issues. The incoming Committee will, in  all  likelihood,  as
    part of its oversight role, monitor progress of the  institute  and
    the training programmes to ensure the  curriculum  provides  for  a
    balanced and gender neutral perspectives on family law matters.


4.      Committee meeting with stakeholders

 1. On 18 February 2009 a meeting of the full Portfolio  Committee  was
    held. In attendance were representatives from Fathers 4 Justice and
    the Department.
 2. Fathers 4 Justice emphasised their focus on parental  equality  and
    responsibility  and  need  for  equal  access  to  children.   They
    expressed their desire to work with the  Family  Advocate’s  office
    and the Department in co-operative projects  and  to  raise  public
    awareness.


 3. The Department queried the unfounded allegations made by Fathers  4
    Justice regarding meetings with  the  Department  and  submitted  a
    summary  document  to  the  Committee  of  all  correspondence  and
    meetings. They also submitted a report which  recommended  that  as
    the  lead  Department  in  implementing  the  Children’s  Act,  the
    Department of Social Development should be  invited  to  report  on
    aspects relating to the implementation of the  Act.  The  remaining
    sections of the Children’s Act are scheduled to be implemented on 1
    April 2009; however, this is dependent  on  the  regulations  being
    approved. The Department pointed to the restorative aspects of  the
    Children’s Act which seek to reduce acrimony through  family  group
    conferencing, lay forums, and mediation. Educational leaflets  will
    be produced when all sections of the Act are finally implemented.


 4.  While  acknowledging  the  challenge  of  changing  mindsets,  the
    Department stated that as part of  its  analysis  of  jurisprudence
    analysing the trends of the courts, it would seek the trends in  so
    far as which parents obtained custody. The Family Advocate’s Office
    also accepted that standardisation in approach was needed and  they
    are transforming in this regard. The focus must always  be  on  the
    best interests of the child. The Department also provided a summary
    of the key action steps taken in respect of the establishment of  a
    judicial education institute, which involves the establishment of a
    council, acquisition of a  permanent  site  and  development  of  a
    curriculum.

 5. Committee’s response


 1. The Committee appreciates the work done by the Department and hopes
    that improved communication  and  co-operation  between  Fathers  4
    Justice and the Department will be facilitated.


 2.  The  Committee  has  serious  reservations  about   the   sweeping
    statements which border on misrepresentation contained  in  certain
    of the Fathers 4 Justice pamphlets and Fathers 4  Justice  need  to
    rectify this urgently. Moreover, they should not misrepresent their
    interactions with the Department and should ensure they are precise
    and consistent in their communications.


 3. The Committee feels that Fathers 4 Justice need to also engage with
    the Portfolio Committee on Social Development in the  new  term  of
    Parliament, given that the Department of Social Development is  the
    primary  role-player  in  the  implementation  of  the  outstanding
    sections of the Children’s Act.


 4. The Committee believes that it is critical that Fathers  4  Justice
    prioritise the issues they want the Department to address. If  they
    seek assistance, both from the Department and/or Parliament, on the
    matters  they  raise  they  need  to  be  more   focused   and   to
    strategically engage with specific issues.


 5. The Committee expresses the hope that Fathers 4 Justice will become
    more  representative,  so  as  include  more  members  from   other
    communities and disadvantaged groups in our society.


 6. The Committee requests that Fathers 4  Justice  submit,  within  14
    days, concrete proposals for the Committee to include in  its  exit
    report.

 6. Acknowledgements

 1. The Committee recognises  the  considerable  efforts  of  the  Sub-
    Committee Co-Chair, Ms Carol Johnson, and thanks her for it.


 2. The Committee acknowledges with appreciation the very valuable work
    done by the Researcher, Ms  Gulian  Nesbitt  in  assisting  in  the
    processing of this matter and in the shaping of the report.


    Report to be considered.

1.      Introduction


1.1     The briefings on the budget of the Ministry and Department of
    Justice and Constitutional Development took place on 6 and 7 May
    2008.


1.2     Those who appeared before the Committee for the briefings on the
    budget included Minister B Mabandla; Deputy Minister J de Lange;
    Director General (DG), M Simelane; Deputy Directors General (DDGs),
    S Jiyane, and D Rudman (Legislative Development); Acting Chief
    Financial Officer (CFO), J Johnson; Chief Directors, P Du Randt
    (Court Services), JB Skosana (Policy), B Mbonani ((Acting)
    Strategy), T Ramanyimi, M Sejosengwe, N Makuhubele; Chief State Law
    Advisor, E Daniels; Deputy Chief State Law Advisor, A Johaat;
    Director: Office of the Chief Litigation Officer, N Gawula;
    (Acting) National Director of Public Prosecutions,  M Mpshe;
    (Acting) Deputy National Director of Public Prosecutions, S
    Mzinyathi; (Acting) Chief Executive Officer - NPA, B Simelane;
    Chief Financial Officer - NPA, B Graham; Executive Manager - NPA, D
    Mvelase; (Acting) Executive Manager: Strategy - NPA, K van
    Rensburg.


1.3     The DG, was only able to attend the Budget briefings for most of
    the first day and not at all on the second day, as he had to attend
    the Ginwala Inquiry hearings on the suspension of the National
    Director of Public Prosecutions. In view of the importance of the
    Ginwala Inquiry, the Committee agreed that the DG could absent
    himself from part of the briefings. It is only because of the
    exceptional circumstances that the Committee agreed to this, but we
    are clear that in general a parliamentary committee’s processing of
    a Department’s budget cannot be done without the full presence and
    participation of a DG.


1.4     This report gives a brief summary of the presentations made by
    the Department to the Committee, focusing mostly on its
    achievements in the previous financial year, the key activities
    planned for 2008/09, and the challenges to be dealt with. The
    presentations can be obtained from the Committee Secretary, Ms P
    Sibisi.


1.5     This report should be located in the context of the Committee’s
    “Report on the Annual Report of the Department of Justice and
    Constitutional Development” published in the ATC of 21 November
    2007 and the Committee’s 2008 programme, “Managing the Challenges:
    Too Much Legislation, Too Little Oversight, Too Limited Time”. The
    programme notes: “This year is special because: this is the final
    year of our five-year term; we have a huge legislative load; this
    is an “election year”; and Parliament will be sitting for a shorter
    period than usual”.  Given the huge workload of the Committee, we
    were not able to adequately engage with the Department’s budget;
    and the time period allocated for considering the budget was too
    short; and so the report is not as rigorous and forward-looking as
    we would like it to be; but we hope it will be of some use to the
    new Committee after the next elections as it decides to take
    matters forward.


1.6     This report reflects too much of what the Department had to  say
    and not enough of the Committee’s views. This is largely an outcome
    of the pressures referred to above, and the inadequate way in which
    we managed the exchange with the Department during  the  briefings.
    The Committee did not effectively engage with the Department on its
    Strategic Plan and needs to do so  at  the  next  quarterly  budget
    briefing with the Department. The value, however, of  covering  the
    Department’s presentations in such detail is that it  provides  the
    Committee with a useful  basis  to  more  effectively  monitor  the
    Department’s progress and more  rigorously  fulfill  its  oversight
    role.


1.7     The Committee is meant to have a  quarterly  briefing  from  the
    Department  to  review  progress  on  the  implementation  of   its
    Strategic and Business Plans. The first quarterly briefing for  the
    year was called off because of time constraints,  but  despite  the
    difficult year ahead, the Committee must continue to have quarterly
    briefings from the Department; and we should  pursue  many  of  our
    concerns that we did not raise at the budget  briefings,  at  these
    quarterly briefings.


2.      Minister’s Political Overview


2.1     The Minister referred to the Department’s key policy priorities,
    which are to enable access to justice for all; enhance
    organisational efficiency; and transform the legal and justice
    system. These priorities guide the work for which the Budget is
    allocated and for which the Department must account.


2.2     The Minister provided an overview of certain weaknesses in the
    Department’s financial management, which have required the
    Department’s urgent attention, namely asset management, the
    management of Monies-in-Trust, under-spending and supply chain
    management. The Minister informed the Committee on the following
    progress:


An independent stock-take of moveable assets has been performed and it
    is expected that an accurate asset register will be compiled by mid-
    May 2008.
A tender evaluation process for the Monies-in-Trust has been concluded.
    The tender process should be finalised by July 2008. The chosen
    service provider is expected to conclude the system development by
    September/October 2008 and full implementation should begin in
    January 2009.
The Accounting Officer has approved a revised personnel structure for
    the supply chain management division in compliance with the
    framework prescribed by National Treasury. Fifteen positions have
    been advertised, while an additional nineteen positions will be
    advertised once the job evaluation process has been completed.
There has been an improvement in the Department’s ability to spend its
    budget (from 92.7% in 2006/07 to 97.7% in 2007/08). A further
    breakdown of spending per economic classification reveals that in
    2007/08, the Department spent 99.4% of its budget for personnel and
    operational expenditure. However, it only spent 77% of its budget
    for the procurement of buildings and fixed structures. A major
    reason for the under-expenditure is that the Department relies on
    the Department of Public Works (DPW) for the timely submission of
    invoices.


2.3     The Minister highlighted key achievements for 2007/08 aimed at
    improving access to justice for all, which is closely linked to the
    Department’s transformation agenda. Of particular importance is
    that the Department is providing courts where previously there were
    none. Four courts have been completed and are ready for opening
    this year (in Daveytown, Middledrift, Sekgosese and Waterval). In
    2008/09, the Department intends to complete the construction of
    five courts, as well as add to or convert five existing courts. The
    Department has also begun the process of developing a further six
    courts, of which the Soweto Magistrates’ Court, and the Mpumalanga
    and Limpopo High Courts have been prioritised.
2.4     The redesignation of certain courts is a priority. The spatial
    distribution of the magistrates’ courts still reflects the old
    system of demarcation which was based on racial and geo-political
    separation, creating vast disparities in the court infrastructure
    and resources of formerly White and Black areas. Typically,
    communities living in townships and former Bantustans were served
    by branch and periodical Courts, which provided limited criminal
    law adjudication. There are 90 branch Courts and 246 periodical
    courts. These courts exercise the jurisdiction of the main court in
    the district and do not have a budget or any staff of their own.
    Most of the periodical courts are in police stations, while a few
    were on private farms. While the periodical courts on private farms
    have ceased to operate, processes are underway to replace those in
    police stations with circuit courts. Twenty-three of the branch
    Courts will be redesignated as full courts with effect from 1
    August 2008 or as soon as it is practical. This will have a huge
    impact on service delivery as these courts will provide a full
    range of services (criminal, civil, family law and the services of
    the Master of the High Court).


2.5     The immediate benefits of the redesignation of these identified
    branch Courts include: the reduction of traveling costs; the
    alleviation of congestion in the main courts; meeting the needs of
    communities in certain rapidly growing areas, such as Midrand and
    Khayelitha; and the more efficient management of resources.


2.6     The Minister informed the Committee that the Department has been
    able to reduce its vacancy rates from 23% to 12%. This includes the
    recruitment of key administrative staff (court managers, clerks of
    court and maintenance officers) as well as judges and magistrates.


2.7     The modernisation of courts has also been a priority. In this
    regard, the Minister informed the Committee that large numbers of
    officials have been trained to use the justice deposit account
    system. This, in turn, has improved its ability to process
    maintenance payments.


2.8     A review of the criminal justice system is currently being
    undertaken in conjunction with Business Against Crime. This
    initiative focuses on establishing:


A new coordinating and management structure for the criminal justice
    system.
An integrated and seamless information technology system and database.
The modernisation of all aspects of the criminal justice system.


2.9     The Minister informed the Committee that the Department
    introduced nine Bills in 2007/08. Other Bills, including on floor-
    crossing, the Directorate of Special Operations, and the regulation
    of video-postponements and the expungement of criminal records will
    be introduced in this financial year.


2.10    A policy document on the transformation of the judiciary is
    being drafted and will be released soon. Also, a key aspect of the
    transformative agenda is the establishment of professional skills
    within the judiciary.


2.11    The Minister reported that there has been some progress in
    improving the representation of women on the Bench. Nineteen women
    practitioners recently underwent a specially designed judicial
    education programme and will soon be appointed as acting judges. A
    further intake of 23 women to undergo the same programme is planned
    for June 2008. The Department has also been active in the formation
    of the South African Women Lawyers Association (SAWLA).


2.12    The Department has also engaged in activities involving foreign
    jurisdictions, for example it has embarked on a programme to assist
    the Democratic Republic of Congo (DRC) in improving its court
    system.


2.13    While recognizing the challenges, the Committee feels that the
    work on the overhaul of the criminal justice system should be
    accelerated, and the key proposals, even if they are still
    tentative, should be brought before the parliamentary committees in
    the Peace and Stability cluster as soon as possible. The public,
    through Parliament and by other means, should also be given space
    to comment on the emerging new integrated criminal justice system,
    especially as the new system will, it seems, provide for greater
    public participation through enhanced Community Policing Forums and
    Community Safety Forums and other means. In any case, a new
    integrated criminal justice system is of major interest to the
    public – and, surely, it is in the interest of the executive to
    communicate its work on this and get responses from the public,
    organised civil society stakeholders, academic and other experts,
    and others?


2.14    The Committee welcomes the progress in rectifying the matters
    that were raised by the Auditor-General in his report for the year
    ending 31 March 2007, as well as a number of other issues that the
    Committee had identified flowing from its review of the
    Department’s Annual Report for 2006/07. Such matters include the
    management of Third-Party Funds, asset management, the tightening
    of internal control to reduce fraud, improving controls relating to
    the Department’s information systems, progress in automating the
    management and administration of the Guardian’s Fund, and the
    implementation of the Justice Account Deposit system. The Committee
    is not fully apprised of these issues and will pursue them further
    with the Department, and also send representatives to the meeting
    of the Standing Committee on Public Accounts to be held in June to
    monitor progress in this regard.


2.15    The Committee welcomes progress on the building and renovation
    of courts as well as the re-designation of courts. While
    recognizing that the Department is dependent on DPW for this, the
    Committee feels that this sub-programme needs to be accelerated,
    especially in view of the importance of ensuring greater access to
    justice. The Committee wants to see far more progress in respect of
    periodical courts, especially in police stations being phased out.
    Of course, the court-building and renovation projects needs to be
    closely linked to other aspects of ensuring greater access to
    justice, for example, by ensuring that the new buildings are
    adequately staffed and properly equipped to fulfill their
    functions.


2.16    The Committee believes that it is crucial that the Ministry
    effectively consults judges and other relevant stakeholders before
    finalizing its policy framework on the transformation of the
    judiciary and the Bills flowing from this.


2.17    The Committee welcomes the reduction in the Department’s vacancy
    rates and expects that this will lead to it being more effective.


2.18    The Committee commends the improvement in the representation of
    women on the bench and is keen to see more effective progress in
    this regard.


2.19    The Committee fully supports the Department’s assistance to the
    DRC referred to in section 2.12 above.


2.20    The Committee feels that there is not enough of an alignment
    between the President’s “State of the Nation” address and the
    Department’s plans and would like to see greater synergy in this
    regard, and will certainly monitor developments in this regard. In
    considering next year’s budget, the Committee will expect to see
    greater alignment between the “State of Nation” address and the
    Department’s plans.


3.      Overview of the Budget


3.1     The DG, Mr M Simelane, expanded on the Minister’s overview,
    providing further details. He told the Committee that, as a result
    of historical processes, the Department deals with many extraneous
    matters that do not form part of its core business. While it is
    slowly trying to reduce its role in such matters, this remains a
    challenge.


3.2     With regard to Court Services, the construction of courts should
    be the Department’s biggest area of work. It is, however,
    constrained by the processes that surround capital works projects.
    The DG also informed the Committee that the Department is grossly
    underfunded in this regard. An added factor is that the
    Department’s previous under-spending has impacted negatively on the
    allocation of funds to it by National Treasury.


3.3     The DG addressed the problem of the shortage of office
    accommodation, particularly for judicial officers. He informed the
    Committee that the Department is discussing with the National
    Prosecuting Authority (NPA) the possible relocation of prosecutors
    to office accommodation that is not situated within court
    buildings.


3.4     The DG also informed the Committee of the need for more
    professional staff within the Department, particularly at the
    Courts and in the Master’s Office. While historically certain
    functions have been performed by administrative staff, these, he
    argued, would be more usefully done by legal graduates.


3.5     The Department has now made all of its forms available
    electronically so that the public no longer need to go to a court
    to get the forms they need. Unfortunately, as yet, these forms
    cannot be submitted to the Department electronically but the
    intention is that, in future, it will be possible to do so.


3.6     The DG informed the Committee that there are approximately 110
    disciplinary matters involving fraud and theft. Very often it is
    poor financial management in the courts that has contributed to the
    theft of monies. To address this problem, the Department has not
    only focused on strengthening its financial procedures but also on
    creating a culture of compliance through awareness, training and
    discipline. In addition to laying a criminal charge, the Department
    intends suing for the recovery of monies that have been stolen.


3.7     The Chief Financial Officer, Mr J Johnson, provided an overview
    of the key financial aspects of the budget:


In 2007/08, the Department spent R7.36 billion or 97.7% of its final
    Budget, which is a significant improvement on its expenditure in
    2006/07, which was 92.4% of its final Budget. Analysis of spending
    per economic classification reveals that difficulties in
    expenditure occurred mainly in connection with “payments for
    capital assets”.
The main appropriation to the Department increases from R7.5 billion in
    the 2007/08 financial year to R8.3 billion in 2008/09. This amount
    does not include a direct charge against the National Revenue Fund
    of R1.4 billion for judges and magistrates’ salaries, which brings
    the main appropriation for 2008/09 to R9.7 billion.
Over the MTEF, the Department receives new allocations to its baseline
    of R256.3 million in 2008/09; R404.5 million in 2009/10; and R537.8
    million in 2010/11.


3.8     These new allocations are for the following policy priorities:


Increased capacity in the Legal Aid Board.
IT modernization projects via the Integrated Justice System (IJS)
    programme.
Implementation of the Public Service Co-ordinating Bargaining Council
    (PSCBC) Resolution 1 of 2007, which sets out the agreement reached
    concerning salaries and other conditions of service for the years
    2007/08 to 2010/11, in the Department.
Charges for rental accommodation.
The appointment of additional magistrates and judges.


3.9     The CFO highlighted the following achievements relating to the
    Department’s financial management in 2007/08:


As mentioned above, expenditure has increased from 92.7% to 97.7%.
Within the year, spending has improved and the March spike has decreased
    from 16% of total expenditure in previous years to 13% in 2007/08.
Early re-prioritisation of monies was used to fund scanners (R36
    million), CCTV interface for children’s courts (R25 million), and
    the funding of Legal Aid Board cases (R16.8 million).


3.10    The Department expects the following spending pressures in
    2008/09:


A number of capital works projects are due to be finalised during the
    first quarter of the new financial year.
The Department intends submitting a rollover application of R117 million
    for approval by National Treasury. This is R117 million for the
    payment of capital work projects in progress.
The impact of salary agreements (specifically, the Occupation Specific
    Dispensation (OSD) for legally qualified personnel) will most
    likely require that the Department request an additional
    appropriation later in the year.
The Department is funding new courts with no concurrent additional
    allocations for personnel and operational expenditure.


3.11    The Committee, as noted in 1.6 above did not adequately engage
    with the Department on its Strategic Plan.


3.12    The Committee welcomes the reduction in under-spending.
    Obviously, though, it is the quality of the spending that is also
    crucial.


3.13    As noted in 2.15 above, the Committee would like to see greater
    progress on the court-building project. We support an increase in
    funding for the court-building sub-programme. We note with concern
    that there is no concurrent additional allocations for personnel
    and operational expenditure despite the building of new courts, and
    will pursue this matter with the Department at the Committee’s next
    quarterly meeting on progress on implementing the Department’s
    Strategic and Business Plans.


3.14    The Committee is not clear about the implications of moving
    prosecutors from the court buildings and will pursue this further
    with the Department.


3.15    The Committee welcomes the availability of forms electronically
    that people would otherwise have to go to the courts to get.
    Obviously, these forms should be able to be submitted
    electronically as well, and this should be made possible as soon as
    possible.


3.16    The Committee welcomes the increased allocations for the
    appointment of additional magistrates and judges, and for increased
    capacity of the Legal Aid Board. The Committee will pursue further
    with the Department exactly what the full needs are in regard to
    this and how these increased allocations measure up to these needs.


3.17    The Committee would like to be briefed on developments in
    respect of the disciplinary matters on fraud and theft at the next
    quarterly budget briefing.


3.18    The Committee is keen to see progress on the capital works
    projects referred to in 3.10 above.


4.      Programme 1: Administration


 1.  The  Administration  programme  includes  the  management  of  the
    Department;  development  of  strategies  and  policies   for   the
    efficient administration of justice;  and  research,  including  on
    improving legislation  and  making  Constitutional  amendments.  It
    comprises five sub-programmes, namely  Minister,  Deputy  Minister,
    Management, Corporate Services and Property Management.


 2. The Administration programme receives R941 million, which comprises
    11.6% of the Department’s budget.


 3. The Corporate Services sub-programme  dominates  expenditure  under
    this programme, consuming 51% of the programme’s  budget.  Property
    Management follows, with 41%.


 4. The Administration programme achieved the following in 2007/08:


     • The approved staff establishment as at 31 March 2008 was 16  415
       with  2  716  vacancies,  of  which  1  978  (12%)  were  funded
       vacancies.  The  funded  vacancy  rate  has  been  significantly
       reduced from 23% in 2006/07 to 12% in 2007/08.
     • With regard to the rollout of basic IT infrastructure, 529 (94%)
       sites country wide have been networked. This  has  included  the
       provision of ICT infrastructure, hardware, various  applications
       and IT literacy training. Seven sites are outstanding –  six  of
       which are  under  construction,  while  the  remaining  site  is
       waiting for Telkom connectivity.
     • E-scheduler, which is an electronic case management system  that
       allows courts to schedule cases properly  and  to  identify  and
       address backlogs and blockages,  has  been  implemented  in  469
       courts. There are six e-scheduler sites  that  are  outstanding,
       five of which are under construction.
     • The Justice Deposit Account System (JDAS) was rolled out to  431
       sites, while the ‘Payment Anywhere’ module  has  been  developed
       and is ready for implementation.
     • To strengthen  the  functioning  of  procurement  activities,  a
       revised personnel establishment for the supply chain  management
       division  in  full  compliance  with  the  management  framework
       prescribed by National Treasury has been approved.
     • On the issue of court security, 127 courts are  to  be  secured.
       The tender process is at the final stages of evaluation.
     • On the Cyberia group matter, there  is  a  full  internal  audit
       report and a second legal opinion is  being  obtained  before  a
       final decision is made.


 5. Key concerns that have been identified by the Department  for  this
    financial year include the filling of vacancies, strengthening  the
    Department’s financial management systems,  addressing  limitations
    in the Department’s IT and improving its communications section.


4.6     The Committee welcomes the significant reduction in vacancies,
    but, of course, the real test will be improvements in service
    delivery flowing from the increased staff. The Committee is
    concerned that the Department’s human resource development plan
    remains outstanding contrary to Public Service Regulations and
    requests the Department to report on the progress it has made on
    this at the next quarterly budget briefing


4.7     The Committee welcomes progress on the e-Scheduler and other
    technological roll-outs.


4.8     The Committee discussed quite extensively with the Department
    the controversy that surrounds the award of a tender to the Cyberia
    Group, as well as the steps that it has taken to deal with matter.
    It would seem that there may be systemic problems in the award of
    tenders that require addressing. The Committee was told that there
    is a report of the internal audit committee dealing with the
    matter. If possible, the Committee would like to be briefed on this
    report. We certainly expect to be briefed on progress regarding
    this matter at the next quarterly budget briefing.


4.9     The Committee will monitor progress in regard to achieving the
    goals set out in 4.5 above.


5.      Programme 2: Court Services


5.1     The Court Services  programme  provides  and  manages  efficient
    court services, and facilitates the resolution of  criminal,  civil
    and family law matters.


5.2     The allocation to  Court  Services  allows  it  to  further  the
    Department’s key strategic priorities by:

     •  Ensuring  that  there  are  sufficient  and  appropriate  court
       buildings, facilities and infrastructure  so  as  to  facilitate
       access to justice.
     • Providing support to vulnerable groups.
     • Implementing an effective  court  management  system,  including
       case flow management and ensuring  quality  and  cost  effective
       court services.
     • Transforming and improving customer relations/services,  thereby
       promoting greater confidence in the justice system.
     • Creating the space for the Department to participate in  Justice
       and  Crime  Prevention  Strategy  (JCPS)   cluster   activities,
       including through implementing  the  Integrated  Justice  System
       (IJS) programmes, improving the effectiveness  of  the  criminal
       justice system, reducing the backlog of cases and  dealing  with
       sexual offences.


5.3     It is a major priority programme of the Department and  receives
    42% of the overall budget. Court Services  has  10  sub-programmes:
    Constitutional  Court;  Supreme  Court  of  Appeal;  High   Courts;
    Specialised Courts; Lower  Courts;  Family  Advocate;  Magistrate’s
    Commission; Government Motor Transport; Facilities Management;  and
    Administration of Courts.


5.4     The Court Services programme receives R3.4 billion for  2008/09.
    The Lower Courts sub-programme  once  again  dominates  expenditure
    receiving 64% of the overall programme allocation. This is in  line
    with the Department’s objective of improving access to justice  and
    services.


5.5      The  presentation  highlighted  a  number  of  achievements  in
    2007/08, as well as continuing activities in 2008/09:


     • Six courts were completed and are ready for official opening. In
       addition, this year (2008/09) construction of  five  courts,  as
       well as additions or conversions  to  five  existing  courts  is
       planned. During 2008/09, the development process  for  six  more
       courts will begin.
     • Ongoing activities  to  improve  court  efficiency  include  the
       rollout of the digital court recording system, the piloting  and
       further extension of the audio video postponement  project,  the
       continued implementation of the case flow management system, the
       further development of a Justice Management  Information  System
       to enhance capacity to collect information for the  purposes  of
       monitoring court performance and initiation of the case  backlog
       reduction project.

  . The Court Services programme’s focal areas for 2008/09 include:


   • Facilities  management  and  Restoration  and  Maintenance  Project
     (RAMP).
   • Family advocacy, maintenance, child justice and alternative dispute
     resolution (ADR).
   • Monitoring and improving court performance.
   • Improving budget expenditure and project management.


 7. Some of the priorities identified by  the  Department  for  2008/09
    include the need to improve its case flow management system, reduce
    case backlogs and improve the facilities and infrastructure of  the
    courts.


5.8     The Committee’s views on the building of courts are noted in
    sections 2.15 and 3.13 above, The Committee further notes the
    Department’s intention to re-designate certain branch courts, as
    this will not only enhance access to justice, but improve
    operational efficiency by allowing court managers to plan the
    optimal use of their courts. This should extend the number of hours
    the courts sit, contributing to enhanced court performance.


5.9     The Committee, once again, notes its concern at the general
    decline in court performance, as well as the high number of
    outstanding and backlog cases, particularly in the regional courts.
    This concern was expressed in the Committee’s report on the
    Department’s Annual Report referred to in section 1.5 above.
    Obviously, the reduction of case backlogs is a major priority.The
    Apex Priorities set by Government aims to reduce the number of
    pending trial cases by 30% by 2009. According to the Estimates of
    National Expenditure 2008, the aim, over the Medium Term
    Expenditure Framework (MTEF), is to reduce the number of backlog
    cases by 5% each year, and the outstanding court roll from 196 183
    in 2007/08 to 186 374 in 2008/09. While the Committee appreciates
    that the Department has put in place many measures to address the
    problems relating to overall court performance and,  specifically,
    to the reduction of case backlogs, we believe that there needs to
    be more concentrated attention on this and, even more, definite,
    definable, concerted, if incremental, progress in this regard. We
    understand that improvement of court performance is a major
    priority in the new integrated justice system being worked on by
    the executive. The Committee is especially keen on a comprehensive
    briefing on the new system, as we indicated in our 2007 report on
    the Department’s Annual Report, and are to negotiate an appropriate
    date for this briefing with the Department – which, as we
    previously indicated, should also involve other parliamentary
    committees in the JPCS cluster.


5.10    The Committee notes the recent major break-ins at the courts and
    expresses its concern about the lack of adequate security at the
    courts. Of course, we realise the Department has to work with the
    SAPS and other state structures on this, but we urge the Department
    to do more in this regard. We welcome the advanced stage of
    planning to upgrade security in 127 courts and will monitor
    progress.


6.      Programme 3: State Legal Services


6.1.    This programme includes the Government’s legal and legislative
    services; administration of deceased and insolvents estates and the
    Guardian’s Fund (the Master’s Office); the preparation of
    legislation; and the introduction of constitutional amendments.


6.2.    Accordingly, spending on this programme is organised into four
    sub-programmes, namely State Law Advisors; Litigation and Legal
    Services; Legislation and Constitutional Development; and Master of
    the High Court.


6.3.    This programme receives R503 million for 2008/09, which
    comprises 42% of the overall allocation to the Department for its
    programmes. Within the programme, the Master of the High Court sub-
    programme receives 47% of the overall programme allocation,
    followed by the Litigation and Legal Services sub-programme, which
    is allocated 37%.


6.4.    The DDG, Mr D Rudman, provided an overview of the Bills that
    have been prepared, some of which are before the Committee and
    others which are still to be introduced.


6.5.    Details of the projects with which the South African Law Reform
    Commission is busy were also provided. Its priority projects are
    those relating to Statutory Law Revision (Project 25), Privacy and
    Data Protection (Project 124) and Trafficking in Persons (Project
    131).


6.6.    The Chief State Law Advisor, Mr E Daniels, advised the Committee
    that it has now filled all senior posts in the Office. In the past
    year, the Office has begun to extend its services to
    municipalities, as well as to the provincial legislatures. The
    Office has also attended to 61 Bills and has received 32 Bills this
    year. In addition, it has completed 609 opinions, international
    agreements and regulations.


6.7.    In an increasingly litigious society, the services offered by
    the Office of the Chief Litigation Officer are of great importance
    to the State. The Office has identified a number of challenges,
    including a poor image and poorly managed relations with its
    stakeholders. It plans to address these challenges by:


Strengthening its internal capacity (through improved physical
    resources; a skills audit and skills development plan; and
    appointing more administrative and professional staff).
Taking on legal interns (candidate attorneys, legal secretaries and para-
    legals).
Strengthening its relationship with stakeholders (A State Litigation
    Management Forum is to be established to improve communication
    between State Attorneys and their client departments. Also, Service
    Level Agreements between State Attorneys and their client
    departments are planned).
A State litigation blueprint is to be developed to ensure the efficient
    management of litigation involving the State.
A litigation risk analysis is to be conducted.


6.8.    The Committee welcomes the money the State Law Advisors Office
    has saved for the State. In addition, to the extent that its
    resources allow, the Committee welcomes the plans to extend the
    services of the State Law Advisors to the municipalities. Also, the
    translation of legislation into at least three official languages
    is commendable.


6.9.    The Committee supports the initiatives of the Office of the
    Chief Litigation Officer to manage the course of litigation brought
    against government departments. The Committee strongly believes
    that government departments should not waste valuable resources
    defending cases that are obviously indefensible and are
    inconsistent with the principles, values and content of our
    Constitution and legislation. There have been outrageous examples
    of this over the years – and it simply must come to a stop. The
    Committee feels that the Directors General should be personally
    held accountable for cases that have obviously no chance of being
    won in court and are inconsistent with our transformation goals.
    The role that the Office of the Chief Litigation Officer has to
    play in countering the tendency towards pursuing indefensible cases
    is extremely important and the Committee commends the steps it has
    taken and hopes to see significant progress.


6.10.   The Committee remains concerned about the state of the Masters
    Offices, even if there might be some improvements in the past few
    months. MPs are often approached by their constituents about the
    appalling service they receive from the Master’s Office. The
    Committee believes that there is an urgent need for significant
    improvement in the provision of services by the Masters Office, and
    will arrange a specific briefing on this with representatives of
    the Masters Office and the Department.

6.11.   The Department used to report on the implementation of
    legislation. It is unclear to the Committee why this practice has
    fallen away. We will raise this with the Department with a view to
    reinstating it so that we can more effectively fulfill our
    oversight role.

6.12.   The Committee is also concerned about the delay in finalising
    the regulations pertaining to the Sheriff’s Board and requests that
    the Department provide it with a written progress report within the
    next month.


7.      Programme 4: National Prosecuting Authority


7.1.    This programme provides for prosecution services, witness
    protection (particularly in serious criminal cases), and the
    investigation and prosecution of serious, complex and organised
    crime, and aims to remove the profit from crime. Expenditure under
    this programme is organised into four sub-programmes: Public
    Prosecutions, Witness Protection, Directorate of Special
    Operations, and the Asset Forfeiture Unit.


7.2.    The National Prosecuting Authority (NPA) programme receives R2.1
    billion for 2008/09. This is 23.9% of the overall departmental
    allocation, which is slightly more (1.5%) than in 2007/08. The
    allocation increases in real terms by 9.8%, which is well above the
    inflation rate. This increase is significantly more than the case
    for any of the other programmes in the Vote.


7.3.    The NPA’s CFO, Mr B Graham, highlighted a number of challenges,
    particularly relating to the target of employing two prosecutors
    for each court. The cost for each employee within the NPA far
    exceeds the NPA’s budget for compensation of employees. Very few
    external applications have been received for the vacancies. He
    believes that there are neither sufficient funds nor enough
    external applications to meet the target.


7.4.    There is the expectation among prosecutors that they will
    receive the OSD. However, there are not enough funds in the NPA’s
    budget for this and it will need to approach National Treasury to
    request an additional allocation.


7.5.    In respect of office accommodation, the NPA strongly opposes the
    move of its prosecutors from the courts. While it acknowledges that
    there is a critical shortage of space (which makes the proposed
    appointment of 280 additional prosecutors in this financial year
    extremely difficult), there are considerable difficulties in
    securing rental accommodation, not least of which is that DPW
    stipulates that no lease can be taken out for longer than two
    years. This not only creates problems in securing rental
    properties, it also results in wasteful expenditure. Also, from an
    operations management perspective, the NPA is concerned about the
    security risks associated with dockets being moved from one
    building to another.


7.6.    More generally, the NPA expressed its concern at the
    mainstreaming of the sexual offences courts. The NPA is of the view
    that this may deter the specialisation of presiding officers in
    sexual offence matters. The NPA, however, has received donor
    funding to build 47 Thuthuzela Care Centres in the next 36 months.
    Seven of the 47 are planned to be delivered by the end of March
    2009. Thuthuzela Care Centres are 24 hour one-stop service centres
    where victims have access to all services that include police,
    counselling, doctors, court preparation, and a prosecutor so as to
    ensure a strong therapeutic effect on victims. They are aimed at
    turning victims into survivors. These multi-disciplinary care
    centres have been established to streamline the process of
    reporting, care–giving, investigation of cases and the subsequent
    prosecution of the case. It has proved to be an appropriate system
    designed to effect changes in women’s experiences and to provide a
    clear focus on the preservation of the integrity of the evidence,
    with a view to securing a conviction rate and providing support for
    the survivor through prosecutor-led investigations. A victim-
    centred approach is adopted, where reporting and management of rape
    cases is removed from police stations to a victim friendly centre
    situated within a hospital. In this way, the survivor is in a
    position to access assistance from the medical staff, investigating
    officers, prosecutors, counsellors, and emergency support services
    on 24-hour basis. These Centres aim to eliminate secondary
    victimisation, reduce case cycle time, and increase convictions.
    Currently there are ten such Centres operating.


7.7.    The NPA briefly highlighted a number of its strategic priorities
    and projects for 2008/09. These include:


     • An increased  focus  on  operational  efficiency:  The  NPA  has
       started  to  investigate  the  benefits  of  implementing  “lean
       thinking” in the NPA. “Lean thinking” is a  management  approach
       which focuses on maximising output by eliminating wastage. “Lean
       thinking” is increasingly being applied in government in England
       and in South Africa in  Health  Care,  SARS  and  Home  Affairs,
       Transnet etc.  Waste is eliminated by  removing  all  activities
       that do not add value or are imperative to perform although they
       do not add any value. The NPA is  currently  implementing  “lean
       thinking” at two sites:  the recruitment section of the HRM&D at
       head office as well as at the magistrates’  court  in  Pinetown.
       Stakeholders  and  partners  are  participating  in  the   last-
       mentioned site.
The promotion of crime prevention at community level: The NPA recognises
    that the SAPS is the lead agency in crime prevention, but believes
    that it needs to assist the SAPS through the execution of its own
    mandate.  The NPA has embarked on a project to investigate this
    role and the findings indicate that the NPA can have a significant
    role in problem-solving in the community that positively impacts on
    the fight against crime. This role is not intended to encroach on
    the work of the SAPS but to engage in a symbiotic relationship with
    them and other partners. The approach is one in which the
    prosecutor works pro-actively within a particular geographic area,
    to develop long-term, pro-active partnerships between the
    prosecution, law enforcement, public and civic organisations and
    the community, with a view to solving particular community crime
    problems, improving public safety and enhancing the quality of life
    in these neighborhoods. The NPA will prepare for the
    institutionalisation of the concept of a community prosecutor by
    defining their roles and responsibility, establishing the posts and
    procuring the funds to appoint community prosecutors.
The NPA is required by the DPSA to develop Human Resources strategies
    which integrate with future strategies and operational plans, in
    order to ensure that the future staffing needs are met.  Developing
    an HR plan is essential in order to enable the NPA’s human
    resources to meet its strategic and operational objectives and to
    ensure it obtains its vision.  The objectives of the project are to
    determine the attributes and quantity of staff required; develop
    plans to enable the organisation to optimally utilise its human
    resources; allow the organisation to forecast surplus and shortage
    of staff based on fluctuations in demand; and develop a multi-
    skilled, representative and flexible workforce that will enable the
    NPA to rapidly respond to changes in the operational environment.
    The project includes the design of processes, systems and plans.
The prevailing justice system in South Africa is retributive.  Since the
    crime rate in South Africa still remains high in spite of the
    Criminal Justice System’s punitive and rehabilitative focus, a
    paradigm shift to restorative justice and its applications is
    necessary and may hold promise. According to restorative justice
    literature, the problem posed by a crime should be considered
    through the harm it causes. Therefore the primary function of the
    response should not be to punish, nor to rehabilitate, but to
    repair or compensate for the harm caused. A shift to a system in
    which the court-based, adversarial system and restorative justice
    complement each other, can meet the needs of communities by
    confronting the offenders, and holding them accountable for their
    actions. A more effective and satisfactory response to crime will
    also be provided through this approach since the needs of the
    victims are taken into consideration and offenders are assisted in
    taking responsibility for their actions on an individual level. The
    NPA is piloting the implementation of Restorative Justice to
    determine its impact.


7.8     The Committee feels that the NPA presentation was very useful
    and welcomes some of the innovative and promising projects that the
    NPA is undertaking aimed at improving its services. The Committee
    is particularly interested in the NPA’s work on community
    prosecutors and restorative justice, and will pursue this further.


7.9.    The Committee expresses its concern about the difficulties that
    the NPA anticipates in meeting the target of two prosecutors per
    courtroom; this includes the failure to attract many external
    applicants, the shortage of office accommodation, and an inadequate
    budget for the compensation of employees. When asked why two
    prosecutors per courtroom in particular, the NPA informed the
    Committee of its intention to carry out a scientific study to
    determine maximum operational efficiency. Such a study is most
    welcome, although it obviously should have been carried out much
    earlier.
7.10.   The Committee is also concerned that the budget is insufficient
    to meet the expectations of prosecutors that they will receive the
    OSD. This will negatively impact on the NPA’s capacity to attract
    and retain staff with the necessary skills and experience, which
    has already been identified as a challenge. The Committee supports
    the NPA’s decision to approach National Treasury for additional
    allocations to meet this commitment.


7.11.   The Committee requires a greater insight into the full extent of
    the problems of office accommodation, as well as the proposal by
    the Department to relocate prosecutors from the courts. It is also
    unclear to the Committee how this will impact on the plans to
    increase the number of prosecutors to two per court. In this
    regard, the Committee intends requesting  the Department to brief
    it fully on the matter, and that this include its reasoning for the
    proposed move, the implications for the NPA, what is being done to
    solve the challenges raised in connection with the proposal, and
    the relevant timeframes.


7.12.   The Committee does not fully understand the reasoning for
    mainstreaming sexual offences courts, as well as the implications
    of doing this. The Committee will pursue the matter further.


7.13.   The project to build new Thuthuzela Care Centres, which provide
    care centres for victims of child abuse and rape, as well as
    establishes, renovates and launches sexual offence courts, is most
    welcome. The Committee is keenly interested in the project plans
    and would like to be informed periodically of the progress that is
    made.


8.      Programme 5: Auxiliary and Associated Services


8.1.    This programme provides for a variety of auxiliary services
    associated with the Department’s aims. Expenditure under this
    programme is mostly in the form of transfer payments to the Office
    for the Control of Interception and Monitoring of Communication,
    the South African Human Rights Commission (SAHRC), the Commission
    on Gender Equality (CGE), the Special Investigating Unit, the Legal
    Aid Board (LAB), the Public Protector, Justice Modernisation
    (National Crime Prevention Strategy), the President’s Fund and the
    Represented Political Parties Fund.


8.2     This programme receives R1.4 billion in 2008/09. Within the
    programme, itself, there has been little change in spending
    priorities. As has been the case in past financial years, the Legal
    Aid Board sub-programme dominates expenditure, receiving 47% of the
    allocation to the programme. The next biggest sub-programme is
    Justice Modernisation, which receives 24.67% of the overall
    programme allocation.


8.3.    The increased allocations over the MTEF are largely in the form
    of transfers to the LAB for the appointment of additional public
    defenders, as well as for the justice modernisation programme.


8.4.    The allocation to the Special Investigating Unit over the MTEF
    is to allow for its growth so as to address its capacity issues.


8.5     The Committee published reports on the 2006-07 Annual Reports of
    the SAHRC, CGE in the ATC on 13 February 2008 and the LAB on 21
    November 2007. The Committee’s views on these organisations are set
    out in these reports and the Committee is acting on decisions it
    took that are contained in these reports. The Committee will be
    meeting with these organisations shortly, and will not, in the
    circumstances, pursue issues further in this report


8.6     The Committee remains of the view that the Legal Aid Board
    should play a limited role in providing legal representation in
    civil matters, especially in the case of farm workers, especially
    in respect of evictions. The Committee has been engaging with the
    Department and the Land and Agriculture Portfolio Committee on this
    and is to take this matter forward. We also feel that the LAB
    should play a role in civil matters in specific categories
    affecting children, In particular, in the case of farm workers who
    are being evicted, the Committee is adamant that the legal
    obligation imposed on the State to provide legal representation by
    the relevant legislation needs to be fulfilled and has taken up the
    matter with all the relevant stakeholders.


9.      Overview of Committee’s Response to the Budget


9.1.    The Committee’s views raised in this section relate to more
    general matters. Our views on specific matters relating to the
    Department’s programmes and budgets can be found in the relevant
    sections of this report, and will not be repeated here.


9.2.    As we noted in our Report of 21 November 2007 on the
    Department’s 2006-07 Annual Report, the Committee recognises the
    scope and magnitude of the tasks that the Department has to attend
    to and is acutely aware of its capacity and other constraints. It
    may be that the Department has taken on too many responsibilities?
    Certainly, it is not clear to the Committee that the Department is
    effectively prioritising its activities or sufficiently focused on
    a set of core functions. Is the Department being strategic enough
    in its allocation of energy and resources to its different
    functions? Should the Department really be taking responsibility
    for Third Party Funds, or should these be dealt with by other
    public and private sector structures?”  The Department is moving
    towards gradually shedding itself of direct responsibility for
    Third Party funds, but we are still not clear that it is being
    strategic or focused enough in its fulfillment of its mandate. The
    link between the Department’s Medium Term Strategic Plan, Annual
    Business Plan, programmes and budget was not clearly set out. We
    believe that within the context of the Department’s overall
    strategy there should be a limited, more definable, measureable set
    of targets with clearer deadlines that are prioritised and that
    serve as a “building block” to develop greater capacity to identify
    and more effectively achieve other targets within its mandate.


9.3.    The Committee is very pleased to hear of the Department’s
    progress in addressing the problem of its under-expenditure, and
    accepts that many of its difficulties in this regard arise from
    government processes relating to capital works projects.
    Nevertheless, the Committee wishes to caution the Department that
    although the progress it has made in this regard is praiseworthy,
    merely reducing under-spending is in itself not enough. What is
    spent must obviously be spent productively.  The Committee will try
    to ensure that it receives quarterly reports from the Department
    not only of what has been spent but how and where it is being
    spent.


9.4.    The Committee is pleased that the presently fragmented system by
    means of which information is collected across the JCPS cluster is
    receiving attention and, in this regard, supports the suggestion of
    a need for a national database. Indeed, when considering the Child
    Justice Bill, for example, the Committee experienced firsthand how
    difficult it is to obtain reliable statistics for the purposes of
    making informed decisions. The Committee does, however, recognise
    that the problems associated with the creation of a seamless system
    capable of gathering meaningful information across the JCPS cluster
    makes this an extremely challenging task.


9.5     As mentioned in 2.13 above the Committee is very keen to engage
    further with the Department on the proposed overhaul of the CJS,
    and feels strongly that the views of the public on the new CJS must
    be canvassed as soon as possible.


9.6     Without infringing on the independence of the Chapter 9
    institutions, the Committee acknowledges that, in future, it will
    be useful to have their input, as well as that of the other
    institutions listed under the Auxiliary and Associated Services
    programme, on their budgets and strategic plans for 2008/09. In
    many instances, the Department merely acts as a conduit when it
    comes to the allocation of funds. Accordingly, the Department is
    not well placed to provide sufficient information on the planned
    activities of these institutions for 2008/09.


10.     Towards an Exit Report


10.1     This  report,  together  with  other  recent  reports  of   the
    Committee, should serve as the basis for the “exit report”  of  the
    Committee and contribute, without being presumptuous, to the  post-
    2009 elections Justice Committee’s shaping of  it’s  programme  for
    it’s initial year. Obviously, there are many issues taken up by the
    current Committee that we will not be able to fully address by  the
    end of our term, and we would hope that the incoming Committee will
    take these matters further. In any case, we will  raise  these  and
    other issues in the proposed “exit report”.
11.     Appreciation


11.1    The Committee thanks the Minister, Deputy Minister, DG and all
    those who appeared before the Committee for the Budget briefings
    for their co-operation.


11.2    The Committee acknowledges with appreciation the very valuable
    work done by Ms Christine Silkstone in shaping this report.

Report to be considered.

The  Portfolio  Committee  on  Justice  and  Constitutional  Development reports as follows:

1.      Introduction

 1. The Criminal Law (Sexual Offences and  Related  matters)  Amendment
    Act came into effect in December 2007. In terms of  s62(1)  of  the
    Act the Minister of Justice and  Constitutional  Development  must,
    within one year after implementation, adopt and table the  National
    Policy  Framework  for  the  Management  of  Sexual   Offences   in
    Parliament.

 2. Given competing demands on the legislative schedule,  an  extension
    for the submission of this framework was made through the  Judicial
    Matters Amendment Act, 2008. An  extension  was  granted  to  March
    2009.


 3. The Department provided the Committee with a progress report on the
    consultation process and development of the draft  national  policy
    framework document.

2.      Consultation process

 1. Consultation with various stakeholders took place in early 2008 and
    by late 2008 the national policy framework took shape  and  a  task
    team was  established  comprising  the  Department,  South  African
    Police Services, National Prosecuting Authority, and Departments of
    Health and Social Development. After  analysing  the  situation  it
    became clear that the framework would not be completed by  December
    2008.


 2. The Department pointed to the ongoing challenges of  the  clustered
    approach  and  the  difficulties  of  compiling  one  comprehensive
    document.  After  analysing  different  departmental  policies  and
    programmes, combined with  the  need  to  re-allocate  budgets,  it
    became clear that the  timelines  were  underestimated.  The  Final
    Policy Framework must still be approved by the  relevant  Ministers
    and  further  consultation   is   required   with   civil   society
    stakeholders, who will provide the necessary technical expertise to
    the process.


 3.  The  Department  submitted  an  outline  of  the  National  Policy
    Framework to the Director-General’s  Inter-Sectoral  Committee  for
    the Management of Sexual Offences Matters on 17  February  2009.  A
    further round of consultation with civil society is required.
3.      Committee’s response

 1.  The  Committee  welcomes  the  Department’s  progress  report  and
    acknowledges the inter-sectoral task  of  developing  the  national
    framework is an extensive one.


 2. The Committee  is,  however,  concerned  about  the  need  to  meet
    deadlines and finds it regrettable that  deadlines  have  not  been
    met.


 3. The Committee will arrange a meeting with the Minister  of  Justice
    and Constitutional Development to further discuss the matter.


 4. Acknowledgements

  . The Committee acknowledges with appreciation the valuable work of
    the Researcher, Ms Gulian Nesbitt, in the shaping of this report.

    Report to be considered.

3.6     To facilitate public participation, supporting documents on  the
    CJS Review  and  the  Victim’s  Charter  were  made  available  and
    distributed before the hearings. These were translated into all  of
    the eleven official languages.

 7. To ensure that everything said at the hearings could be  understood
    by all present, a  full  translation  service  was  provided.  This
    included sign language translation.


 8. At each hearing, department officials gave a  presentation  on  the
    CJS Review and the Victim’s Charter. Attention was  also  drawn  to
    the  ‘16  days  of  activism’  campaign.  An  overview   of   these
    presentations is provided in section 4 below.

 9. As the hearings were also intended to strengthen  the  relationship
    between  communities  and  local  and  provincial  law  enforcement
    agencies, officials from the SAPS, the Department  of  Justice  and
    Constitutional Development,  the  National  Prosecuting  Authority,
    Legal Aid and the Department of  Correctional  Services  were  also
    present to respond to issues raised by the public.


10. Many people spoke about their personal experiences of the  criminal
    justice system. While some problems or queries that were  mentioned
    could be dealt with immediately, this was not always possible,  and
    those wishing to do so were encouraged to make their submissions in
    writing.


 3. Overview of presentations on the CJS review, Victim’s  Charter  and
    Women and Child Abuse


    At each of the hearings, officials briefed the public  on  the  CJS
    Review and the Victim’s Charter. The problem  of  women  and  child
    abuse was also highlighted:


  1. CJS Review


  1. In November 2007, Cabinet approved a 7-point plan to transform the
     criminal justice system. Overall, the intention is ‘to establish a
     new,  modernised,  efficient  and  transformed  criminal   justice
     system. Among other things, this will  entail  setting  up  a  new
     coordinating and management structure  for  the  system  at  every
     level, from national to local, bringing together the judiciary and
     magistracy, the police,  prosecutors,  correctional  services  and
     Legal Aid Board, as well as  other  interventions,  including  the
     empowerment of the  Community  Police  Forums’  (President  Mbeki,
     State of the Nation Address, February 2008).


  2. The review of the CJS entails 2 processes: the first, involves in-
     depth research looking at long term solutions; the second, focuses
     on short to medium term solutions, mainly of a  practical  nature,
     aimed  at  removing  blockages  in  the  investigation  and  court
     processes.


  3. The purposes of the review are  basically to:
       • Improve public confidence in the criminal justice system  and,
         consequently, enhance its legitimacy.
       • Remove weaknesses and blockages in the system  through  short,
         medium and long term interventions.
       • Improve co-ordination and management of the system as a whole.
       •  Put  in  place  an  appropriate,  effective  and   integrated
         information technology and communication system, as well as  a
         national and reliable database that serves the entire criminal
         justice system and provides relevant and timely information to
         all stakeholders.
       • Facilitate community involvement.


  4. A comprehensive  analysis  of  the  criminal  justice  system  was
     undertaken and found  a  system  that  spans  multiple  government
     departments and agencies,  involving  vast  number  of  personnel,
     processes  and  information,  and  which  is  “dysfunctional   and
     fragmented”. The review indicated the need for a radical departure
     to transform the present criminal justice system.


  5. On the basis of this, seven transformative changes were adopted by
     Cabinet and underpin the establishment of  this  new,  modernised,
     efficient and transformed criminal justice system. These are:


       • The adoption of a single  vision  and  mission  leading  to  a
         single  set  of  objectives,   priorities,   and   performance
         measurement  targets  for  all  departments  in  the  criminal
         justice system. At present the Departments operate  as  if  in
         silos.
       • The establishment of a new, realigned,  single,  co-ordinating
         and management structure, headed by an Executive  Member,  who
         has co-ordination and management functions and  not  executive
         powers. At present, the Deputy Minister of  Justice  has  been
         appointed to drive these activities. The Departments, however,
         remain responsible for the execution of the any plans in terms
         of the new system.
       • The  making  of  substantial  changes  to  the  present  court
         processes  in  criminal  cases,  especially  in  the  regional
         courts.
       • The  implementation  of  key  priorities  identified  for  the
         component parts of the criminal justice system which are  part
         of or impact on the  new  court  processes,  especially  those
         relating to capacity.
       • The establishment  of  an  integrated  and  seamless  national
         criminal     justice     system     information     technology
         database/system.
       • The modernisation of all aspects of the systems and  equipment
         of  the  criminal  justice   system.   (For   example,   video
         postponements allow for  the  postponement  of  cases  without
         having to transport  awaiting  trial  prisoners  to  and  from
         court. The  introduction  of  increased  and  enhanced  expert
         capacity in the respective departments  -  for  example,  more
         forensic experts).
       • The involvement of the  population  at  large,  especially  by
         introducing changes to the community policing forums.


  6. Several initiatives  have  already  been  introduced  or  will  be
     introduced  shortly:  Small  Claim’s  Courts  will  be   held   on
     Saturdays; Regional Courts will be given civil  jurisdiction;  and
     at least one court will be  able  to  deal  with  a  case  in  the
     language common to the area.

  2. Service Charter for Victims of Crime (Victims’ Charter)

  1. The ‘Service Charter for Victims of Crime’ focuses on  the  rights
     of victims of crime and the obligations of the state to  them.  It
     seeks to balance the rights of the accused and the  victims  in  a
     way that is consistent with  the  Constitution  and  international
     norms. Victims of crime have the following 7 rights:
       • The right to be treated with fairness  and  dignity  and  with
         respect for a person’s dignity and privacy.
       • The right to offer information.
       • The right to receive information.
       • The right to protection.
       • The right to assistance.
       • The right to compensation.
       • The right to restitution.




  3. Women and Child Abuse


  1. As the public hearings coincided with the  ‘16  Days  of  Activism
     Against Gender Violence’ campaign, the issue of domestic  violence
     against women and children was also highlighted.


  2. The Domestic Violence Act, 1998, is aimed at protecting victims of
     domestic violence. The SAPS plays a key role in enforcing it:  The
     SAPS must open a case if there is a complaint, and keep a register
     of such  complaints.  The  SAPS  must  see  to  the  safety  of  a
     complainant if this is necessary. Under the Act,  the  victim  may
     apply to the court for a  protection  order,  which  the  SAPS  is
     responsible for enforcing. The ‘Victim Empowerment  Programme’  is
     particularly important for  providing  the  necessary  support  to
     victims of domestic violence.


  3. A major problem in curbing domestic violence is that  complainants
     often withdraw charges. This serves to encourage perpetrators,  as
     they know that they are unlikely to be  held  legally  accountable
     for their actions. Women, who experience  abuse,  have  a  broader
     responsibility to not only report but also to follow through  with
     their complaints. The community can also play an important role in
     the curbing of domestic violence.

  4. Issues Emerging from the Hearings

  1. Safety and Security

The majority of submissions were about the public’s experience of  their
interactions with the police:


  1. Police Corruption, Brutality and Misconduct: Complaints of  police
     corruption, brutality and  misconduct  were  widespread.  However,
     these complaints  were  also  countered  by  recognition  among  a
     minority of those  who  spoke  at  the  hearings  that  there  are
     hardworking and honest police who  persist  despite  the  lack  of
     resources and the threats to their lives.


  2. Inefficiencies  and  Delays:  There  were  many  complaints  about
     inefficiencies and  delays,  particularly  when  responding  to  a
     complaint. Many expressed their frustration  at  the  difficulties
     they had in obtaining information about progress made in  a  case:
     dockets going ‘missing’; complainants being  unable  to  speak  to
     anyone who was prepared to take responsibility  for  a  case;  and
     matters dragging on for years with no adequate explanation for the
     delays.


  3.  Mismanagement  of  Police  Vehicles:  Closely  related  was   the
     observation   that   police   vehicles   stand   idle,   or    are
     misappropriated for private use. Their lack  of  availability  for
     official use contributes to delays  in  responding  to  calls  for
     assistance from the public.


  4. Taking  of  Statements:  Many  complained  that  the  police  need
     training to take statements and are often  ignorant  of  the  laws
     they are meant to enforce. Statements taken  by  the  police  were
     described as factually or procedurally incorrect, causing cases to
     be dismissed or delayed.


  5. Accessibility: There were also concerns about the accessibility of
     the police. Having to travel long distances to report a crime is a
     problem, and there were calls for more stations.


  6. Community Police Forums: Many submissions supported more effective
     and expanded Community Police Forums (CPFs):
        ▪ People  active  in  the  CPFs  complained  about  a  lack  of
          resources, such as office space to work from; and petrol  and
          phone allowances to report crimes on behalf of  complainants.
          There was a suggestion that they be given  T-shirts  so  that
          they are easily identifiable to the community.
        ▪ In many cases, the relationship  between  the  CPFs  and  the
          SAPS is not good although, in some cases, the  CPFs  and  the
          police are working well together. Some people complained that
          the police were not  interested  in  making  the  CPFs  work.
          Others felt that the police expected the  CPFs  to  do  their
          work for them.
        ▪ A lack of co-operation between the ward committees  and  CPFs
          was also raised as a problem in some places.
        ▪  Attention  was  drawn  to  the  need  for  legislation  that
          supports the ‘Neighbourhood Watches’.
        ▪ Many people who are active in the  CPFs  are  unemployed.  At
          present they volunteer their services. However, a common view
          was that government should pay volunteers for their services.
          Some felt that they should receive some form of accreditation
          for the work they do which could assist them in getting jobs.
          CPF members and volunteers, felt some,  should  also  receive
          preference when police engage in recruitment drives.


  7. Rotation of  Police:  When  police  become  overly  familiar  with
     individuals in the communities they  serve,  they  often  tend  to
     favour certain individuals – or so it  is  seen.  This  perception
     impacts negatively on the image of the police,  undermining  their
     legitimacy in the eyes of  the  communities  they  serve.  It  was
     suggested that it would be better that  police  officials  do  not
     work in the place where they live, and are rotated  regularly,  as
     familiarity with an area made it easier for corrupt  practices  to
     develop. But it was also recognised that rotating police  officers
     has practical drawbacks, and would be disruptive to  their  family
     lives.
  8. Requirement of Drivers Licence Unfair: There were  some  who  felt
     that it is discriminatory to require that  recruits  to  the  SAPS
     possess a driver’s licence. This entry requirement places the poor
     and those in rural communities at  a  disadvantage,  as  they  are
     unable to afford driving lessons.


  9. Taverns: Alcohol is often a factor in the incidence of crime.  The
     view is that the number of  existing  taverns  should  be  closely
     regulated, as should their hours of operation. Nor should they  be
     allowed to  operate  close  to  schools.  There  were  pleas  that
     communities are consulted before licences are granted.


 10. Allocation of Resources: The allocation of resources to the police
     should take into account local circumstances. For example, if  the
     area being policed covered very mountainous areas, horses or  4x4s
     would be needed.


 11. Police Bias: The perception exists that there is discrimination in
     the way in which reported crimes are dealt with. In  some  places,
     the feeling  was  that  the  police  responded  more  swiftly  and
     invested more energy  when  investigating  cases  involving  white
     victims. There were also complaints that cases involving those who
     are politically connected, wealthy  or  powerful,  are  often  not
     pursued. At hearings in rural areas a common submission  was  that
     the police and courts do not act against white farmers.


 12. Border Policing: In Limpopo and Mpumalanga, concern was raised  at
     the ineffectiveness of the SAPS in addressing  cross-border  crime
     (such  as  human  trafficking,  guns,  drugs,  stolen  cars,   and
     stocktheft). Previously, the South African National Defence  Force
     patrolled these borders on foot but this function has  been  taken
     over by the SAPS. Much unhappiness was expressed at the  inability
     of the police to effectively perform this function.


 13. Witness Protection: It was also raised that the police  are  often
     reckless with information. By disclosing the identity of witnesses
     to criminals, the police place witnesses at risk  from  criminals,
     who then are able to intimidate them.


 14. Forensic Laboratories: Some people complained that there  are  not
     enough  forensic  laboratories,  causing  unacceptable  delays  in
     finalising cases. These delays also contribute to cases ultimately
     being withdrawn.


 15.  Domestic  Violence  Cases:  Some  maintained  that   instead   of
     protecting women and children from domestic  violence,  protection
     orders can place them in further danger from their  partners,  and
     can result in the break up of families. The manner  in  which  the
     police deal with domestic violence cases is critical.  There  were
     complaints that the police are reluctant  to  become  involved  as
     they regard domestic violence cases as ‘domestic matters’. A  lack
     of sensitivity by the police when dealing with victims of domestic
     violence was also remarked on. That men  too  can  be  victims  of
     domestic violence was highlighted, as was the need to ensure  that
     their cases are taken seriously and that they too are treated with
     sensitivity.

  2. Justice

While there were fewer submissions that dealt directly with the  Courts,
distrust of, even bewilderment at the way the judicial system works  was
evident:
  1. Rights of Victims vs Accused: People were enraged that those  they
     know to be criminals  are  allowed  to  roam  freely  because  the
     charges against them are dropped  or  they  get  bail  or  receive
     lenient sentences. There was a general feeling  of  anger  at  the
     failure to properly balance the rights of accused and victims. The
     system  at  present  disproportionately  favours  accused  at  the
     expense of their victims, said many people. There were  complaints
     about the release on bail of people accused of committing  serious
     crimes. While some misunderstood what bail is (that to be released
     on bail is the same as being  acquitted)  many  felt  simply  that
     these perpetrators are a danger to the community -  not  only  can
     they commit further crimes but they are also  free  to  intimidate
     witnesses. Some felt that the Constitution should  be  amended  to
     curtail the rights of the accused. Many believe that  the  support
     given to victims of sexual crimes is inadequate. The  system  does
     not protect victims of sexual crimes, who face secondary trauma at
     the hands of the law. The view was expressed  that  it  is  unfair
     that accused have attorneys – whether state appointed  or  private
     practitioners - to protect their interests, while victims  do  not
     enjoy  the  same  privilege.  Also,  witnesses,  especially  child
     witnesses, should be protected.


  2. Children Have Too Many  Rights:  Some  believed  that  ‘children’s
     rights’ in the new democracy significantly contributes to problems
     when adults (parents and teachers) attempt to discipline children,
     contributing to the breakdown  of  societal  norms  and  fostering
     delinquency. Some held that there  is  too  much  freedom  in  the
     country now. Children have too many rights. When  parents  attempt
     to impose discipline, children threaten to take them to court.


  3. Bias of Magistrates and Judges: Dismay was expressed at  perceived
     inconsistencies in  sentencing,  especially  in  rape  and  murder
     cases. Some felt  that  these  inconsistencies  are  explained  by
     racism, or other form of discrimination or bias  on  the  part  of
     judicial officers. These views displayed a deep sense of  distrust
     of those who mete out the law.


  4.  Expungement  of  Criminal  Records:  Some   believed   that   the
     consequence   of   possessing   a   criminal   record    can    be
     disproportionately harsh, especially for petty offenders who  have
     gone on to be law-abiding citizens. In particular, the  possession
     of a criminal record makes it very difficult to  find  employment,
     and can be a factor leading to recidivism.


  5. Languages: The predominant use of English and Afrikaans in  courts
     is alienating to those appearing in our courts, and undermines the
     legitimacy of the justice system in the eyes of the public.  There
     are also too few translators in some of the courts.


  6. Time Taken to Finalise Cases: There was frustration at the  length
     of time it takes to finalise a case.


  7. Traditional Courts: The need  to  fast-track  the  integration  of
     Traditional Courts within the ‘mainstream’ criminal justice system
     was mentioned.


  3. Correctional Services

  1. Prison Escapes: Concern was expressed at  the  number  of  escapes
     from prisons. When escapes occur, lives are endangered, especially
     of witnesses, it was said. The problem of  corruption  within  the
     Department of Correctional Services was  raised,  particularly  in
     connection with officials being implicated in the escapes.


  2. Rehabilitation: The majority of  participants  who  spoke  on  the
     matter were opposed to prisoners being given education in  prison.
     They felt that prisoners have a better life than themselves,  with
     too many privileges. They said that it is  unfair  that  prisoners
     are fed, have access to television and receive free education  and
     job training,  while  those  on  the  outside  must  struggle  for
     survival. They felt that prisons are just too comfortable to be  a
     deterrent to crime. However, some  felt  that  if  criminals  were
     properly educated while in prison they would not  be  inclined  to
     commit crime after they were released.


  3.  Overcrowding:  Several  people  referred   to   problems   around
     overcrowding in prisons. Some said that bail should be allowed for
     people who commit petty crimes.


  4.  Parole:  Some  said  that  the  Department  should  consult  with
     communities before parolees are returned to the community as  they
     may not be welcome back in these communities.


  5. Prison Gangs: There was much concern at the continued existence of
     prison gangs.  People  said  that  it  is  wrong  that  first-time
     offenders are placed with hardened criminals, who  might  also  be
     gangsters.


  4. General

  1. Traditional Healers: Traditional healers were very active  at  the
     hearings, almost acting as a lobby  group  with  common  concerns.
     They complained that when they  are  accused  of  witchcraft,  the
     police often fail to protect them. Some maintained that  not  only
     are they consulted by members of the community but also are  asked
     by  the  police  for  help  in  solving  crimes.  They  should  be
     recognised as part of the policing system, they  held.  They  said
     that it  was  not  true  that  they  helped  criminals  to  escape
     detection. They accused traditional healers from Zimbabwe of doing
     this.  They  pointed  out  that  they  registered  as  traditional
     healers, unlike traditional healers from Zimbabwe, who were  freer
     to engage in such activities.


  2. Support for Victims of Sexual Crimes: There was anger and  concern
     at the high incidence of rape, especially of young  children.  The
     need for better and more counselling facilities for  rape  victims
     was raised.


  3. Disabled Persons: There were concerns  that  police  stations  and
     courts are not able to accommodate the needs to disabled  persons.
     This makes it even more difficult for disabled persons  to  access
     the CJS.


  4.  Community  Support  for  Crime:  Many  also  pointed   out   that
     communities tacitly support crime when  buying  stolen  goods,  or
     when they do not report a crime.

  5. Committees’ Response

  1. As indicated in section 1.3 above,  the  Committees  have  had  to
     finalise this report in considerable haste, without the considered
     collective discussion we would have preferred. However, we believe
     the report will serve as a useful  basis  for  the  post-elections
     incoming Committees to take matters forward.
  2. In some respects much of what emerged in the public  hearings  was
     predictable. But it was the depth of frustration and the closeness
     of the people to the edge that was striking. The  glaring  message
     that emerged from the public hearings is that people  are  utterly
     fed up about crime, have little faith in the  police  and  courts,
     and want the state to take much tougher action against  criminals.
     If people still want to play a role in reducing crime, it  is  not
     clear for how long they will wait for results.  They  seem  to  be
     willing to take the law into their own hands.  Increasing  numbers
     of them are probably already doing so.


  3. The Committees believe that we cannot just wave our  human  rights
     principles at people. But  we  cannot  just  succumb  to  people’s
     current frustrations either. We need to connect with where  people
     are, and engage them about the need for a  constitutionally  sound
     balance between the  rights  of  the  victims  of  crime  and  the
     accused. The government’s proposed “Victims  Charter”  which  sets
     out the rights of victims and  the  state’s  obligations  to  them
     should, the Committees believe, be processed expeditiously.


  4. More immediately, there has  to  be  a  swift,  simple,  effective
     message to people that the state genuinely cares for them  and  is
     serious about crime. The Committees believe that the  government’s
     new 7-point CJS  has  to  be  improved,  aspects  prioritised  and
     expeditiously implemented.


  5. The Committees believe  that  for  the  CJS  Review  to  be  fully
     effective, it will need to also address  the  problems  of  police
     corruption and misconduct.


  6. The Committees feel that there is an urgent need to strengthen the
     Independent Complaints Directorate (ICD),  whose  task  it  is  to
     investigate  complaints  of  death  of   detainees,   and   police
     misconduct and crime allegedly committed by members of the  police
     force. The ICD is largely ineffective. It may well be necessary to
     have separate legislation for the ICD, instead  of  including  the
     ICD in the SAPS Act, as is the case at present. Attention is drawn
     to the report of the Portfolio Committee on Safety and Security on
     the South African Police Service  Amendment  Bill  (Announcements,
     Tablings and Committee  Reports,  20  October  2008)  which  makes
     suggestions on an improved independent oversight mechanism for the
     SAPS.


  7. The Committees note many submissions were  about  police  vehicles
     being unavailable to respond to a crime that  is  being  reported.
     This, the Committees were told, cannot be attributed to there  not
     being enough vehicles within the SAPS. While  there  may  be  some
     mismanagement  of  vehicles  at  station  level,  the   Committees
     understand that the problem lies mostly with  the  allocation  and
     distribution of vehicles at National  and  Provincial  level.  The
     Safety and Security Committees are  aware  of  the  problem,  have
     taken it up with the Department and intend  to  bring  it  to  the
     attention of the incoming committees to take up further.


  8. As raised in 6.3 above,  the  Committees  note  that  there  is  a
     perception that the rights of accused are  given  preference  over
     those of victims. Anger at the unfairness of this  was  especially
     evident in connection with the granting of bail, where communities
     see perpetrators arrested and then swiftly released only to commit
     further  crimes  and/or  to  intimidate  witnesses.  The  Victims’
     Charter  is  an   important   instrument   that   elaborates   and
     consolidates the  rights  and  obligations  relating  to  services
     available  to  victims  of  crime.  While   this   initiative   is
     commendable,  much  more  remains  to  be  done  if  the  concerns
     expressed by the public are to be addressed. The Committees  notes
     that the Victims Charter embraces restorative  justice  principles
     in  a  system  that  is  at  present   largely   adversarial   and
     retributive. To give effect to the Victim’s Charter will involve a
     paradigm shift, with accompanying allocation of  resources  -  and
     the relevant Parliamentary Committees need to monitor this.


  9.  The  Committees  feel  that  it  is  crucial  that  the  CPFs  be
     strengthened. There has to be a  clear  policy  framework  for  an
     expanded role for CPFs. The issues raised in the  public  hearings
     about CPFs above need to be urgently addressed.  The  Gauteng  CPF
     system seems most advanced. We need to improve on  it  and  extend
     CPFs  throughout  the  country.  Within   budgetary   constraints,
     government  needs  to  consider  paying  CPF  members  a  stipend.
     Consideration should also be given to providing CPF members across
     the country with a common T-shirt so that they can be  identified.
     Street committees,  neighbourhood  watches,  ward  committees  and
     school governing bodies  can  also  be  used  to  mobilise  people
     against  crime.  Discussions  should  be  held  between  national,
     provincial and local government on the possibilities of  effective
     working relations between ward committees and CPFs, and  the  need
     for ward committees to prioritise crime in their work.


 10. The Committees note that there are plans  to  introduce  community
     safety  forums,  which   are   forums   catering   for   community
     participation in all areas of the criminal justice system and  not
     only in the area of policing. The vision is  that  the  CPFs  will
     become part of these larger  community  participation  structures.
     Parliament  should  closely   monitor   the   implementation   and
     allocation of resources  to  these  structures.  In  the  interim,
     communities should be encouraged to participate  in  the  existing
     CPFs, and consideration be given to measures,  as  raised  in  6.9
     above, that will encourage this.
 11. The Committees note the concerns of  people  about  the  technical
     capacity of the police, as referred to in sections 5.1.2 and 5.1.4
     and feel that the training of police on basic functions  like  the
     taking of statements needs to be considerably stepped up – and the
     Committees will monitor this closely.


 12. Many people expressed their bewilderment at the how the CJS works,
     and showed little understanding of the  underlying  constitutional
     principles. The Committees feel that there  needs  to  be  ongoing
     public education involving all the Departments within the Justice,
     Crime Prevention and Security (JCPS) Cluster  on  how  the  system
     works; the role of the various  departments  within  the  Cluster;
     bail, sentencing and parole, etc.


 13.  Many  people  expressed  their  disapproval  for  certain  rights
     contained in the  Constitution,  particularly,  children’s  rights
     which were argued to undermine parental authority; and  the  right
     to bail which was said to  favour  criminals  over  victims.  More
     generally, issues relating to  xenophobia  and  racism  were  also
     raised. The Committee feels that  not  enough  is  being  done  to
     deepen  public  understanding  of  the  Constitution,   and   more
     specifically of the Bill of Rights. This understanding should also
     aim to increase awareness not only of the right itself, but of the
     reason for it being part of the Bill of Rights. Also, there should
     be an explanation for how conflicting rights are managed in  terms
     of the Constitution. The Chapter 9 institutions should  assist  in
     this.


 14. Attention was drawn to the need for the  police  to  show  greater
     sensitivity when dealing with victims of domestic violence and  in
     cases involving sexual crimes.  The  plight  of  male  victims  of
     domestic violence was also mentioned.  The  Committees  feel  that
     more should be done to ensure that the  police,  court  officials,
     presiding officers and any  other  officials  within  the  justice
     system who may come into contact with victims of domestic violence
     receive the necessary training to equip them to  deal  with  these
     victims, including male victims of domestic  abuse,  knowledgeably
     and sensitively.


 15. Although the Committee accept that there are  many  problems  with
     the implementation of the Domestic  Violence  Act,  the  Committee
     cannot agree with the view expressed  by  some  that  overall  the
     legislation  does  more  harm  than  good.  However,   given   the
     complexities of such matters, it believes that it would be  better
     if protection orders were accompanied by effective  programmes  to
     reduce the potential for  violence  of  the  male  partner,  where
     possible, and more monitoring  by  the  state.  Parliament  should
     continue to closely monitor the implementation of the legislation,
     including ensuing that the ICD regularly submits  its  reports  on
     police compliance with the requirements of the Act and that  these
     are useful reports.


 16. The accessibility  of  our  courts  was  constantly  raised.  This
     included the need for the courts to be conducted in the  languages
     common to the area. The Committees welcome the initiative  of  the
     Department of Justice to address this problem – but feel that more
     should be done, and will follow up on this.


 17. The Committees are aware of  the  problem  that  criminal  records
     pose,  especially  in  getting  employment.  Recently,  Parliament
     passed legislation that  will  allow  for  the  expungement  of  a
     person’s criminal record for minor crimes after a  certain  number
     of years have elapsed. However, this is a complex issue  requiring
     a careful balance that safeguards the rights of the public against
     criminals, while recognising that possessing a criminal record can
     cause undue hardship. The Justice  Committee’s  concerns  on  this
     were conveyed to the  Executive  with  the  request  that  further
     research is conducted, and that it reports to  Parliament  on  its
     findings within 24 months. This matter can  be  addressed  further
     through this process.


 18. The Committees note the  problems  relating  to  the  shortage  of
     forensic laboratories and  the  relevant  expertise  pose  to  law
     enforcement. It is pleased to see that the CJS Review  intends  to
     tackle this problem  as  part  of  its  7-transformative  changes.
     However, given the existing severe shortage  of  laboratories  and
     capacity, the Committees believe  that  implementation  may  prove
     particularly challenging, requiring that the  incoming  committees
     within the Cluster closely monitor progress made.


 19. The Committees note that some submissions related to  problems  of
     accessibility for  disabled  persons.  It  is  vital  that  police
     stations and courts  are  accessible  to  the  disabled,  and  the
     Departments should ensure that this is happens.


 20. The Committees notes views on the rehabilitation of offenders,  as
     well as their reintegration once they  have  served  their  prison
     term, as referred to in 5.3.2 above. Many were deeply resentful of
     the  seemingly  favourable  conditions  in  prisons   that   allow
     prisoners to receive food, education, and  skills  training,  etc.
     The Committees believe that the Department of Correctional Service
     needs to do much more to  educate  the  public  on  the  value  of
     rehabilitation  to  society.  That  for  some  prison  appears  an
     attractive, even cushy option, however, suggests  the  desperation
     of people and reinforces the need to urgently improve  the  living
     condition of the poor.


 21. The Committees note that many people  asked  that  communities  at
     least be notified before offenders are  released.  The  Committees
     feel that much more needs to be done to  ensure  that  communities
     are involved when offenders are  released,  and  will  raise  this
     further with the relevant stakeholders.


 22. The Committees note that the Ministry of Justice is working  on  a
     major policy and legislative framework for the  transformation  of
     the  judiciary  –  and  urges  that   this   work   be   finalised
     expeditiously.


 23. As mentioned by a participant  in  the  hearings,  the  Committees
     believe  that  the  boundaries  of  police  structures  should  be
     consistent with municipal boundaries.


 24.  The  Committees  recognise  that  it  will  not  be  possible  to
     significantly reduce crime unless there is an improvement  in  the
     socio-economic conditions,  including  economic  growth,  creating
     jobs and delivering services. But we will  also  not  be  able  to
     significantly improve socio-economic conditions unless  we  reduce
     crime. The global  financial  and  economic  crisis  means  slower
     economic growth rates and a reduction in jobs in  our  country  in
     the immediate period. Hence  reducing  crime  will  be  even  more
     challenging  –  but  crucial  to  doing  so  will  be  the  active
     involvement of ordinary people.


 25. The Committees feel that it is also important that we have strong,
     stable families, with parents taking  greater  responsibility  for
     children, despite the socio-economic challenges. In the  hearings,
     it was almost as if some parents  were  pleading  that  the  state
     takes over their parenting responsibilities. Of course, the  state
     must create better conditions for viable families  –  but  parents
     have to parent. Traditional leaders and  traditional  healers  can
     also  play  important   roles   in   reducing   crime.   Religious
     institutions are crucial.


 26. The  Committees  have  identified  many  issues  in  this  Report,
     especially in this section, that the executive needs  to  act  on.
     But  the  Committees  also  need  to  act  to  ensure  that  these
     recommendations are acted  on  –  and  it  is  proposed  that  the
     incoming post-elections Committees meet within 6  weeks  of  their
     being convened to shape a programme of oversight and  other  forms
     of action to advance the issues raised in this report.


 27. Finally, the Committees note the many challenges  confronting  the
     CJS. Considerable effort will  be  required  to  deal  with  these
     challenges. It is vital that  the  government  finalises  the  new
     integrated CJS  as  soon  as  possible  taking  into  account  the
     submissions made by ordinary people at the public hearings and the
     views of the parliamentary Committees.  The  government  needs  to
     develop a phased, strategic implementation plan.  Crucial  to  the
     success of the implementation of the new CJS will  be  the  active
     participation of all the key stakeholders,  including  parliament,
     the judiciary, SAPS, NPA, business, trade unions, NGOs,  technical
     experts  and  other  sections  of  civil   society.   The   active
     participation  of  ordinary  people  is  vital  too.  We  need   a
     concerted, massive, sustained onslaught on crime.  The  Committees
     feel that if we all work effectively together we will, over  time,
     significantly  reduce  crime.  As  a  participant  in  the  public
     hearings said “We defeated apartheid. We must  defeat  crime  like
     that.” The Committees agree.

7.      Acknowledgements

  1. Organising  the  public  hearings  required  considerable  effort.
     Despite some hiccups, the Committee Section was very competent  in
     organising very successful hearings, and should be  commended  for
     its work. The Committees are very grateful to Ms Zanele Mene,  the
     Committee Section Manager, and the rest of  her  team  and  others
     from the staff of parliament who participated in the  hearings  in
     various ways.

  2. The Committees acknowledge the contribution of  the  parliamentary
     Content  Advisors,  in  particular  Ms  Christine  Silkstone,  who
     substantially shaped the content of this report.

     Report to be adopted.


                        FRIDAY, 6 MARCH 2009

(1)    The following paper is referred to the Portfolio Committee on
     Finance for consideration:

     (a)      Submission of the Financial and Fiscal Commission on the
         Division of Revenue Bill for 2009-2010, tabled on 11 February
         2009 in terms of section 9(1) of the Intergovernmental Fiscal
         Relations Act, 1997 (Act No 97 of 1997). 2.    Membership of Assembly

 a) The vacancy which occurred in the National Assembly owing to the
    loss of membership by Ms M M Mdlalose with effect from 5 February
    2009, has been filled with effect from 10 February 2009 by the
    nomination of Mr S A P Ngcobo.

 b) The vacancy which occurred in the National Assembly owing to the
    loss of membership by Mr M T Likotsi with effect from 9 February
    2009, has been filled with effect from 9 February 2009 by the
    nomination of Mr B Xuma.

 a) Mr L R R Reid resigned as Member of the National Assembly with
    effect from 17 February 2009.

 b) Mr L J Modisenyane resigned as Member of the National Assembly with
    effect from 25 February 2009.

 c) Mr M J Malahlela resigned as Member of the National Assembly with
    effect from 1 March 2009.

 d) Ms S M Camerer has tendered her resignation as Member of the
    National Assembly to take effect from 16 March 2009.

(a)     The vacancy which occurred in the National Assembly owing to the
    resignation of Mr L R R Reid with effect from 17 February 2009, has
    been filled with effect from 5 March 2009 by the nomination of Mr F
    H Nkoana.

(b)     The vacancy which occurred in the National Assembly owing to the
    resignation of Mr L J Modisenyane with effect from 25 February
    2009, has been filled with effect from 5 March 2009 by the
    nomination of Ms F Bikani.

(c)     The vacancy which occurred in the National Assembly owing to the
    resignation of Mr M J Malahlela with effect from 1 March 2009, has
    been filled with effect from 5 March 2009 by the nomination of Mr T
    P Sidina.

(a)     The Report of the Independent Complaints Directorate on Domestic
    Violence for the period January-June 2008, tabled in terms of
    section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of
    1998).

(a)     Report on the suspension of Ms T C Oliphant, an additional
    magistrate at the Wynberg, Western Cape, in terms of section
    13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).


(b)     Progress report on the Inquiry into allegations of misconduct of
    MsA Bacharam, dated 16 February 2009, in terms of section 13(3)(f)
    of the Magistrates Act, 1993 (Act No 90 of 1993).

 A.     INTRODUCTION


The Portfolio Committee on Defence held a series of closed meetings
with the Department of Defence (DOD) to discuss matters relating to the
combat readiness of the South African National Defence Force (SANDF)
and the current state of the South African defence-related industry.
These meetings were conducted in Tshwane from 25-27 November 2008.


While adhering to the principles of accountability and transparency,
national security considerations require that details of the
discussions remain confidential. The Portfolio Committee therefore
submits its recommendations to Parliament for consideration and
adoption.


B.     SCOPE OF DISCUSSIONS


i)     Combat readiness of the South African National Defence Force
Combat readiness refers to the extent to which the SANDF can maintain
and sustain its core capabilities to fulfil its mandate.  The SANDF’s
mandate is to provide, manage, prepare and deploy defence capabilities
commensurate with the needs of South Africa.  The four Arms of Service
of the SANDF- the SA Army, SA Air force, South African Military Health
Services and the SA Navy - made presentations in this regard.


ii)    State of the South African Defence-related industry
In order to maintain its combat readiness, the SANDF must have access
to a local defence industry that is capable of developing, supplying
and maintaining systems and products necessary for the defence force to
perform its tasks.  Matters discussed related to the relationship
between the DOD and defence-related industry; the alignment of the
defence industry to national defence objectives; acquisitions; the
capacity of the local defence industry to meet the demands of the
SANDF; foreign ownership; and the transformation and formulation of the
White Paper on the Defence-related industry.


C.     DELEGATION


The parliamentary delegation was led by the Chairperson of the
Portfolio Committee on Defence and comprised both members of the
Portfolio Committee on Defence and Joint Standing Committee on Defence:


   • Mr S B Ntuli        (Chairperson of the Portfolio Committee on
     Defence)
   • Dr E Schoemann      (Chairperson: Joint Standing Committee on
     Defence)
   • Dr G W Koornhof     (ANC)
   • Mr H Fazzie         (ANC)
   • Mr N Fihla          (ANC)
   • Mr L N Diale        (ANC)
   • Mr R Shah           (DA)
   • Adv H Schmidt (DA)
   • Mr  A Botha         (DA)
   • Dr S Pheko          (PAC)


D.     RECOMMENDATIONS


(a)    It is crucial that greater communication between the political
     authority (the Minister of Defence and the Commander-in-Chief) and
     the SANDF should be sought.  This consultation is vital for
     Government to ensure that the SANDF is adequately resourced,
     equipped and funded to fulfil its mandate, especially as the SANDF
     is continuously being used as a foreign policy tool.


(b)    The finalisation of the Defence Update should be prioritised as
     a matter of urgency. Since this document provides a long term
     indication of the defence needs, the delays in both its
     finalisation and implementation mean that effective monitoring of
     defence activities is limited. The Department should submit this
     document to Parliament as soon as possible. A date for the
     submission will be directly communicated to the Department. The
     South African Army Vision 2025, which addresses the challenges in
     the SA Army, must be incorporated into the Defence Update. The
     Portfolio Committee on Defence will not be able to support an
     incomplete Defence Update, since this has been a long outstanding
     matter and should inform  all operations of the SANDF.


(c)    The current budgetary allocation of the DoD, as a percentage of
     the gross domestic product (GDP) is inadequate to address current
     operational challenges. The Committee recommends an increase in the
     annual budget allocation of the Department of Defence from the
     current 1.2 percent of GDP to 1.7 percent during the next four
     years. All possible efforts should be made to ensure that current
     limited resources are effectively directed to national defence
     priorities.  This entails improvements in the current planning,
     management and monitoring of departmental spending, ensuring value
     for money for the DoD. The Committee maintains that the funding of
     the SANDF must be mandate driven and should not be hampered by
     financial restrictions.


(d)    In addition to the above-mentioned recommendation, a decision to
     modernise the SA Army is needed and this must be funded as a matter
     of urgency.


(e)    It is the view of the Committee that the SANDF has come to a
     cross-road, namely whether it is a finance driven national defence
     force or whether it should migrate to a mandate driven national
     defence force. A decision has to be made at the highest level
     whether the future SANDF will be relevant and be a national asset
     properly and adequately funded for its mandates received from
     Government or whether it will continue its current downward spiral
     of becoming inadequate to fulfil its constitutional mandate.


(f)    Competition for scarce skills impact negatively on the SANDF’s
     ability to recruit and retain personnel.  The Department of Defence
     should consult with the Department of Public Service and
     Administration regarding the development and implementation of a
     special dispensation for SANDF members, particularly those of
     pilots and other scarce skills positions. The Department should
     submit a report on the progress made in this regard.


(g)    The Department should finalise the review process of the legal
     contracts that bind officers contractually to serve for a specified
     period after the completion of their specialised training.
     Employment contracts should be adequately safeguarded and must be
     accessible.


(h)    In order for the Reserve Force to fulfil its role of providing
     the bulk of the landward conventional capability, it is recommended
     that Members of the Reserves should participate in a conventional
     exercise every three years, starting at unit level and building up
     to a combined formation level exercise. The budget for the
     continuation of training for the Reserves should be ring-fenced.


(i)    The current ineffective border patrol is a matter of grave
    concern for the Portfolio
     Committee and poses a threat to the security of our country and our
     people with millions of people flowing unchecked into and out of
     our country. This crisis must be addressed urgently by the
     responsible departments, including a possible future role for the
     Department of Defence.


(j)    A sophisticated local defence industry is crucial for the SANDF
     to maintain the necessary state of readiness in the most cost
     effective manner.  In this regard, the Department should resolve
     the following issues as a matter of urgency:


       • The completion of the policy framework for the restructuring
         of the South African defence related industry. This should
         entail improved communication with stakeholders in the defence
         industry.


       • The capacity of Denel and Armscor to support the SANDF in
         maintaining its capabilities.

       • The DoD must report once a year to Parliament on progress made
         with the development and implementation of the Defence
         Industry Strategy. Other stakeholders including the
         Departments of Trade and industry, Public Enterprises and
         Science and Technology must be invited to participate in such
         a report. This must be presented to the Portfolio Committees
         on Defence, Trade and Industry, Public Enterprises and Science
         and Technology.

       • The AMD Board must report to Parliament twice a year. In the
         first parliamentary term, AMD should present its annual plan
         for the defence industry while the progress made in the
         implementation of these plans must be reported during the
         fourth parliamentary term.


Report to be considered.


                        FRIDAY, 13 MARCH 2009

                       TUESDAY, 17 MARCH 2009

 a) Proclamation No 2 published in Government Gazette No 31808 dated 21
    January 2009: Referral of matters to existing special investigating
    unit and special tribunal, in terms of the Special Investigating
    Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
 b) Proclamation No R. 3 published in Government Gazette No 31811 dated
    22 January 2009: Commencement of the South African Judicial
    Education Institute Act, 2008 (Act No 14 of 2008).

 c) Government Notice No R. 43 published in Government Gazette No 31809
    dated 22 January 2009: Amendment of Regulations, in terms of the
    Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No
    47 of 2001).

 a) Albany Coast Water Board’s Proposed Water Tariffs for 2009-10,
    tabled in terms of section 42 of the Local Government: Municipal
    Finance Management Act, 2003 (Act No 56 of 2003).

(b)     Amatola Water Board’s Proposed increase in Water Tariffs for
    2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


(c)     Bloem Water Board’s Proposed increase in Water Tariffs for 2009-
    10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


(d)     Botshelo Water Board’s Proposed increase in Water Tariffs for
    2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(e)     Bushbuckridge Water Board’s Proposed Water Tariffs for 2009-10,
    tabled in terms of section 42 of the Local Government: Municipal
    Finance Management Act, 2003 (Act No 56 of 2003).


 f) Lepelle Northern Water Board’s Proposed increase in Water Tariffs
    for 2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).

 g) Magalies Water Board’s Proposed increase in Water Tariffs for 2009-
    10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


 h) Mhlathuze Water Board’s Proposed increase in Water Tariffs for 2009-
    10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).

(i)     Namakwa Water Board’s Proposed increase in Water Tariffs for
    2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


(j)     Overberg Water Board’s Proposed increase in Water Tariffs for
    2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


(k)     Pelladrift Water Board’s Proposed Water Tariffs for 2009-10,
    tabled in terms of section 42 of the Local Government: Municipal
    Finance Management Act, 2003 (Act No 56 of 2003).


(l)     Rand Water Board’s Proposed increase in Water Tariffs for 2009-
    10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


(m)     Sedibeng Water Board’s Proposed increase in Water Tariffs for
    2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).


(n)     Umgeni Water Board’s Proposed increase in Water Tariffs for
    2009-10, tabled in terms of section 42 of the Local Government:
    Municipal Finance Management Act, 2003 (Act No 56 of 2003).

 (a)    Government Notice No 182 published in Government Gazette No
    31933 dated 20 February 2009: Publication of a board for
    Isimangaliso Wetland Park Authority, in terms of the World Heritage
    Convention Act, 1999 (Act No 49 of 1999).


 (b)    Government Notice No 190 published in Government Gazette No
    31912 dated 20 February 2009: Notice of intention to make
    regulations regarding fees for the provision of aviation
    meteorological services in terms of section 28 (b) of the South
    African Weather Services Act, 2001 (Act No 8 of 2001).

 (c)    Government Notice No R.209 published in Government Gazette No
    31962 dated 27 February 2009: Threatened or Protected Species
    Amendment Regulations, 2009 in terms of the National Environmental
    Management: Biodiversity Act, 2004 (Act No 10 of 2004).

 (d)    Government Notice No R.210 published in Government Gazette No
    31963 dated 27 February 2009: Threatened or Protected Species
    Second Amendment Regulations, 2009 in terms of the National
    Environmental Management: Biodiversity Act, 2004 (Act No 10 of
    2004).

(1)    Bill passed by National Council of Provinces on 19 March 2009:


      a) Constitution Sixteenth Amendment Bill [B 1 – 2009] (National
         Assembly – sec 74).


      b) Cross-boundary Municipalities Laws Repeal and Related Matters
         Amendment Bill [B 3B – 2009] (National Assembly – sec 75)


      c) Division of Revenue Bill [B 4 – 2009] (National Assembly – sec
         76)


      d) Western Cape Inherited Debt Relief Bill [B 6 – 2009] (National
         Assembly – sec 77)

(a)     Report and Financial Statements of Pelladrift Water Board for
    the year ended 30 June 2008, including the Report of the
    Independent Auditors on the Financial Statements for the year ended
    30 June 2008.

                        FRIDAY, 20 MARCH 2009

 3. Selected key challenges or constraints identified for 2007/08
    include:


     • Despite the fact that the OPP’s receives its budget as a
       transfer from the Department of Justice and Constitutional
       Development, the mere fact that its budget falls within the
       Department’s budget allocation creates the perception that the
       OPP is not independent.
     • The OPP continues to be reliant on SITA for its information
       technology needs despite ongoing problems with the services
       offered by SITA.
     • The term of the present Public Protector is to come to an end at
       the end of November 2009. In order to ensure continuity and the
       smooth transfer of knowledge, it is preferable that the
       appointment process is initiated and completed well in advance
       of the expiry date and that Parliament plays its role in
       ensuring that this happens.


7.      Committee’s Response


 1. The Committee commends the Public Protector for having received an
    unqualified audit opinion from the Auditor General with no matters
    of emphasis for five consecutive years.


 2. The OPP’s initiative to increase public awareness of its services
    is welcome, but the Committee feels more needs to be done.  The OPP
    reported hosting 167 workshops and holding 73 clinics. The mere
    fact that these workshops and clinics were held speaks only to the
    OPP’s outputs and says little regarding the intended outcome, which
    is increased public awareness. The Committee suggests that the OPP
    revisit the measures by which it evaluates the effectiveness of its
    outreach programmes. Furthermore, the Committee notes that the need
    to increase public awareness was also raised as a concern by the Ad
    Hoc Committee on Operational Problems in the Office of the Public
    Protector, which found that the OPP needed an effective
    communication strategy to allow it to keep the public adequately
    informed of its work and progress with cases. It is pleasing that a
    communication strategy has been developed to improve communication
    with and the flow of information to stakeholders. But the Committee
    is unable to tell what its effective outcome has been. The flow of
    internal communications was also a matter of concern to the Ad Hoc
    Committee and the Committee urges that the OPP finalise an internal
    communication strategy.
 3. While the various Chapter 9 and associated institutions have
    distinct mandates, it is important that they use available
    resources as advantageously as possible, and a strong argument
    exists in favour of greater and more structured collaboration. Not
    only can this assist in facilitating a seamless approach to
    complaints handling, it creates the potential for joint public
    awareness campaigns, human rights advocacy and training campaigns,
    etc. While the Committee is pleased to hear that there has been
    some progress in ensuring collaboration, albeit mostly informal,
    between the relevant institutions, it nonetheless believes that a
    great deal more can be achieved in this regard. Obviously, the
    responsibility to ensure co-operation and collaboration is that of
    all the Chapter 9 and related institutions, not only the OPP. It
    has raised this matter with all the relevant institutions that
    account to it, and will monitor this carefully.


 4. The Committee finds it completely unacceptable that the OPP
    compiles its statistics manually. While an explanation was given
    for this longstanding problem, the Committee found the OPP’s answer
    unconvincing, and expects the problems to be solved by the time the
    OPP presents its next Annual Report to the Committee.


 5. The Committee finds the OPP’s statistics relating to the receipt
    and finalisation of cases for 2006/07 to be incomplete: in previous
    years, the Public Protector provided the number of cases carried
    forward, but in 2006/07 only the cases received, finalised, and non
    jurisdictional cases were reported on. The Committee was able to
    deduce from previous years that the number of cases carried forward
    appears to hover around 12 000 to 13 000. It would have been
    preferable for this information be included in the 2006/07 Annual
    Report. The Committee does not understand why this did not happen
    as in previous years, as details of the number of backlog cases,
    and cases carried forward would have provided the Committee with
    greater clarity as to the OPP’s capacity to deal with its caseload.


 6. The Committee finds it interesting that the number of new cases has
    dropped from 22 350 in 2004/05 to 12 629 on 2006/07. It is
    encouraging that the number of cases finalised has increased
    overall from 7 539 in 2004/05 to 13 434 in 2006/07, although this
    is a significant decline from 2005/06 where 17 619 cases were
    finalised. The Committee would be interested in why the fluctuation
    in the number of cases received and finalised occurred.


 7. The Committee welcomes the OPP’s attempts to reduce the time it
    takes to finalise its cases. This is important not only for the
    sake of the individual concerned, but also as a means of increasing
    public confidence in the efficiency and effectiveness of the
    Chapter 9 institutions. However, the present target of two years
    seems to the Committee to be rather lengthy. It accepts, however,
    that this is just a start, and that the OPP intends to further
    reduce the time it takes to finalise its cases.


 8. The Committee understands the Public Protector’s concern regarding
    the need for the process of appointing a new Public Protector to
    begin well before the expiry of the present incumbent’s term of
    office, in order to ensure continuity and the opportunity for the
    transfer of knowledge. This is a concern that has also been raised
    by the other Chapter 9 institutions that appear before this
    Committee regarding their own change of leadership. In addition to
    including this matter in its exit report, the Committee intends to
    raise the matter of appointments generally with the Speaker.


 9. The Committee was interested to hear of the initiative involving
    the European Union Civil Society Advocacy Project, which produced a
    landscaping report and many recommendations that the OPP is
    implementing. The Committee would like to know more about this,
    particularly the proposed recommendations and will pursue this
    further with the OPP.

10. The Committee is aware of the dissatisfaction with the lack of
    legislative uniformity in the procedures to determine the salaries
    and conditions of service that are applicable to the various heads
    of the Chapter 9 institutions, as well as the lack of consultation
    with regard to increases. It also notes the regrettable failure to
    consult with the Public Protector on the recommendations relating
    to the remuneration of Independent Office Bearers, despite the
    relevance of these recommendations to the Public Protector. The
    Committee will pursue this further with the relevant stakeholders.


11. The Committee notes that the Ad Hoc Committee on the Operational
    Problems in the Office of the Public Protector raised specific
    concerns regarding the ongoing litigation between the Public
    Protector and the Deputy Public Protector.  While the Committee
    respects every person's constitutional right to litigate in order
    to protect and enforce their rights, the Committee hopes that this
    matter, between the two highest officials in the OPP, can be
    resolved in a responsible and sensible way.

 7. Acknowledgements


 1. The Committee thanks the Public Protector and all those who
    appeared before the Committee for their co-operation.
 2. The Committee acknowledges with appreciation the very valuable work
    done by Ms Christine Silkstone in shaping this report.

    Report to be considered.

 (e)    Government Notice No 289  published in Government Gazette No
     32005 dated 11 March 2009: Notice in terms of paragraph 2C of the
     Second Schedule in terms of the Income Tax Act, 1962 (Act No 58 of
     1962).


 (f)    Government Notice No 290  published in Government Gazette No
     32005 dated 11 March 2009: Notice in terms of paragraph (b) of the
     definition of “living annuity” in section 1in terms of the Income
     Tax Act, 1962 (Act No 58 of 1962).


 (g)    Report of the South African Reserve Bank of the annual general
     meeting of shareholders for 2008.

 The Ad Hoc Committee on the Criminal Law (Forensic Procedures)
 Amendment Bill having considered the subject of the Criminal Law
 Amendment Bill [B 2- 2009], reports as follows:

 3.     Context of the Bill

      3.1    The Criminal Law (Forensic Procedures) Amendment Bill
           seeks to:
              • Address gaps in our current legislation dealing with the
                collection, storage and use of fingerprint and
                Deoxyribonucleic Acid (DNA) evidence.
              • Provide for the establishment and administration of a
                National DNA database (NDDSA).

      3.2    Currently, the Criminal Procedure Act, No 51 of 1977 only
           regulates the taking of blood samples in criminal cases and
           the ascertainment of other bodily features. The Bill is
           intended:

              • To expand the powers of the police to collect and store
                DNA samples and fingerprints.
              • To establish and administer a National DNA database.
              • To give the police access to the electronic databases of
                the Department of Home Affairs which currently stores
                fingerprints of 31 million citizens and approximately 2,
                5 million foreigners, and the Department of Transport
                where 6 million thumbprints are stored. At present the
                police only have access to its own database which only
                stores fingerprints of a limited number of convicted
                persons.

      3.3    The Memorandum on the Objects of the Bill states that
           access to a DNA database and an expanded fingerprint
           database will greatly enhance the capacity of the police in
           its fight against crime. In particular the following
           advantages are noted:

              • It will help the police to solve more crimes and match
                suspects to crime scenes;
              • It will increase the likelihood of identifying unknown
                perpetrators and will also assist in linking
                perpetrators with multiple crime scenes;
              • More suspects will make use of plea bargain procedures
                where evidence has positively linked them to crime
                scenes;
              • DNA and fingerprint evidence can also be used to prove
                the innocence of an accused person;
              • It can be used in certain instances to identify missing
                persons or unidentified human remains.

                       TUESDAY, 24 MARCH 2009

(1)    Bill passed by National Assembly on 24 March 2009:


      a) Reform of Customary Law of Succession and Regulation of
         Related Matters Bill [B 10D – 2008] (National Assembly – sec
         76(1)).

 b) Government Notice No 310 published in Government Gazette No 32013
    dated 20 March 2009: Listing of public entities, in terms of the
    Public Finance Management Act, 1999 (Act No 1 of 1999).

 (c)    Government Notice No 311 published in Government Gazette No
    32013 dated 20 March 2009: Listing of public entities, in terms of
    the Public Finance Management Act, 1999 (Act No 1 of 1999).

 a) Report and Financial Statements of the Represented Political
    Parties’ Fund for 2007-2008, including the Report of the Auditor-
    General on the Financial Statements for 2007-2008 [RP 262-2008].


 b) Report on the withholding of remuneration of Ms T C Oliphant, in
    terms of section 13(4A)(b) of the Magistrates Act, 1993 (Act No 90
    of 1993).