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In my Budget Speech, I addressed some of our key challenges and how the Department of Justice and Constitutional Development is responding to them. I believe it necessary to report on progress made and developments that are unfolding.

1...The assassination of Piet Theron

Before I proceed, I would like to pause a moment to refer to the dastardly and callous act of the assassination of our Regional Court Magistrate, Piet Theron, last Thursday evening.

I wish to report that the SAPS, in conjunction with the Department of Justice and Constitutional Development, will perform full security and risk assessment on courts in the Western Province, especially those courts designated for urban terror-related cases. The investigation into the murder of Mr Theron has been given priority status and is being conducted in co-operation with all relevant state agencies.

We wish to make it absolutely clear that the state will not allow terrorists to undermine the application of the rule of law. All cases presided over by the late Mr Theron will be taken over by other magistrates; if a case was partly heard, it will be heard de novo (i.e. from the start); if persons were convicted, sentences will passed by other magistrates.

All levels of government and every agency of state are working together to achieve a common objective: the security and safety of the people of Cape Town. Let there also be no doubt that the law will be applied. We are determined to bring the perpetrators of these crimes to book.

Once again, we appeal to the public to come forward and supply any information they may have concerning these crimes to the police. Co-operation between the security services and the community is essential to the successful prosecution of the perpetrators. A reward of R1 million for information leading to the successful prosecution of perpetrators of urban terror remains available.

It has been decided that sensitive court cases will be centralised in a few courts. Security for these courts will be maximised to ensure that the cases can be tried without hindrance. In addition, a central, high-security court has been established at Pollsmoor Prison, where some of the most sensitive cases will be heard.

2. Announcement: Justice Colloquium

On a more happier note, I would like to announce that a legal Colloquium will be held from 19 to 20 October 2000, in Pretoria. The objective of the Colloquium is to discuss issues that will assist in moving towards a rationalised, effective and efficient structure for the courts that promotes access to justice.

The main aspects to be dealt with by some of the top legal people in the country, including the President of the Constitutional Court, Higher Court Judges, and other senior judicial officers, relate to the structure of the courts, language in the courts and access to justice.

The question may be posed as to why such a Colloquium now?

The background to this is the following. South Africa's present court structure, with the exception of the Constitutional Court, has been in place since 1910, when the South Africa Act 1909, was brought into operation, creating the Union of South Africa. The present legislation governing the structure and functioning of the superior courts dates back to 1959 and the Magistrates' Courts Act to 1944. The Constitution of the Republic of South Africa, Act 108 of 1996, in section 16 (6)(a) of Schedule 6, provides that A[a]s soon as is practical after the new Constitution took effect, all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Constitution. After consulting with the Acting Chairperson of the Judicial Services Commission, I have decided to host a Colloquium. This will enable us to consult with relevant role-players concerning the issues relevant to the rationalisation process and other aspects impacting on the effective and efficient functioning of the justice system.

3..Change Management Processes

In my Budget Speech I reported that we have secured free of charge the assistance of various senior business executives in reviewing and finalising our strategic plans and change management process. I promised then that implementation of this process would be completed before the end of this year. I want to report that this process is well under way and we intend to meet our targets.

4. Financial Administration
There has been much said in the media about the state of our finances. Our courts would need much more money than is currently available in the budget. We therefore have had to prioritise our budgets to address those areas that are central to our core functions. There have been unfortunate reports that some of our offices have suspended services because of these budget constraints. To address this concern, the department has issued a circular instructing all offices not to compromise on our core functions in their austerity program.

5. An Effective Prosecutorial Service

In Parliament, I also reported that the Bill for the establishment of DSO has been referred to Cabinet and will soon be introduced. As you well know this is currently under discussion. Furthermore, discussions are currently underway to consider a better salary dispensation for the prosecutors (and magistrates). I believe that this will assist in promoting better service delivery.

6. An Integrated Justice System

I have also previously reported on the Department's e-Justice programme and specifically the Court Process Project, which is being piloted in both Johannesburg and Durban. Here again, I wish to report that good progress has been made. All the stakeholders in these courts have been consulted and are soon to be engaged in a change management process. This is an exciting project. I trust that you will be watching this space.

7. TRC Reparations

I would also like to record some progress here. The Department is in the process of preparing a set of proposals for consideration by Cabinet regarding the payment of reparations. We are doing this in consultation with the relevant departments of government and hope to make an announcement in the near future.

Issued by the Ministry of Justice and Constitutional Development, 13 September 2000