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16 November 2006

Introduction

As the Justice, Crime Prevention and Security Cluster, we continue to focus on the following priorities:

* better crime prevention and public safety
* the strengthening of the criminal justice system
* the improvement of our national security.

Reducing the levels of crime

Various integrated cluster operations were conducted to reduce contact crimes in the priority stations. During the period August 2006, 1 218 firearms were reported lost/stolen and 2 209 firearms were recovered during operations. 220 repeat offenders were arrested on 459 cases for serious and violent crimes ranging from cash-in-transit heists, murder, rape, armed robbery, bank robberies, hijackings, attempted murder and rape. 18 syndicate leaders and 65 syndicate runners were arrested. The Asset Forfeiture Unit initiated new cases to the value of R31,1 million. It completed 39 cases with an 87% success rate, which exceeds the set target of 85%.

Improving effectiveness of the criminal justice system

14 593 paid reservists were called-up to address specific crime threats at station level.

As an ongoing process, the Department of Correctional Services is managing levels of sentenced offenders through improving effective and appropriate use of the conversion of sentences to community correctional supervision, release on parole, and transfers between correctional centres to attempt to establish some degree of consistency with regards to overcrowding within the Correctional Facilities. This also includes the promotion of the use of alternative sentencing options other than imprisonment and encouraging SAPS to use alternative methods (in appropriate circumstances) to secure the attendance of accused in court, other than arrest.

Case backlogs

The reduction of case backlogs is a priority of the Government's Programme Of Action (POA). The number of outstanding cases has reached high levels and the case cycle time, which is the time from when cases are reported and enter the justice system and the time they are finally decided upon by the courts, continue to be unreasonably longer.

District Courts

At the end of March 2005, the backlog in the District Courts comprised 9% (14 763) of the total of 158 120 outstanding cases. The backlog has now been increased to 11% at the end of March 2006. A total of 16 663 cases of the total of 149 591 outstanding case roll comprised cases on the roll for a period longer than 6 months.

Regional Courts

Regional courts which deals only with criminal cases only as compared to district courts which deals with criminal, civil and family law-related matters, adjudicate more complex criminal cases than district courts and have jurisdiction to impose more severe sentences. The backlog in the Regional Courts has also increased by 2%. At the end of March 2005 there was 40% (18 832) of the total of 46 889 outstanding cases, compared to 42% (20 252) of the total of 47 813 outstanding cases at the end of March 2006.

High Courts

On average, there were 41 new cases in any high court during the period of January to December 2005, compared to 17 in the same period in 2004. Roughly 8 cases were received per high court for minimum sentencing, while 18 could be finalised per high court with a verdict. The average high court hours in 2005 was 3 hours 7 minutes, compared to 3 hours 28 minutes in 2004. The average high court had 13 cases on the outstanding court roll compared to 18 cases in 2004.

High courts also experience serious backlogs in appeals (from the magistrates' courts and from the high court decisions to the full bench appeal courts. The greatest challenges are at the Pretoria High Court where outstanding appeals stand at 2 173 cases.

In summary it can be concluded that the main problems regarding backlogs are thus experienced at regional court level with a 42% backlog rate.

Challenges

One of the challenges is that of a serious lack of uniform, accurate, timely court management information per court. The work done regarding the e-scheduler and the appointment of court managers will assist to address this issue.

Dealing with backlogs and improving case cycle time

Some of the other measures taken to deal with the case backlogs include the following:

* To assist Case Flow Management, the e-scheduler has been developed as a tool to enhance case management information through information technology at court level. The e-scheduler is currently operational at 51 courts. However it is envisaged that the system will be implemented in all the lower courts by the end of June 2007. It is now easier to monitor the system and cases captured because users from various courts are linked to a centralised web-based system.
* In addition, a scanning solution is being investigated to form part of this system. Interface of the e-scheduler with the police, corrections and prosecution systems is being explored, to share information across the criminal justice system.
* In improving the situation of children, case cycle times have improved, especially regarding cases involving children. Department of Correctional Services data shows a reduction of 30%, from the 1 775 during January 2005 to 1 243 children awaiting trial during January 2006; and a further reduction to 1 138 children awaiting trial in prisons at the end of March 2006.
* The Legal Aid Board (LAB) has in general implemented a project to focus on awaiting trial detainees who have been in custody for more than a year.
* The National Prosecuting Authority (NPA) is monitoring, in conjunction with the South African Police Service (SAPS), the quality of investigations (and time taken to conclude them) and evidence; and improving the management of witnesses.
* The high influx of cases in our Lower Courts, especially in the District Courts, necessitated the consideration of alternative methods to reduce trial cases. One of the alternative dispute resolution processes applied with great success in our Lower Courts is the diversion process of first-time offenders in less serious matters. The Lower Courts managed to improve the number of cases diverted with a remarkable 102% compared to the total number of cases diverted during the previous financial year. A total of 18 925 more cases were diverted during 2005/2006.
* Plea bargaining and sentencing agreements were reached on 2 164 offences. The increase in plea and sentence agreements is assisting in improving case cycle times.

Transformation of the judiciary

Cabinet will consider, later this month, proposed legislation providing for procedures to deal with complaints against judicial officers and establishing a framework for judicial education. The proposed legislation follows intense discussion with the judiciary and I am pleased that the judiciary acknowledges the urgency of the matters. The enactment of these Bills will be a major step in our quest to transform the judicial system in its entirety as they will ensure accountability, higher level of skills and competence within the judiciary.

I also need to touch briefly on the matter of Judge Squires which has raised some debate. With regard to the matter about alleged impropriety by the Supreme Court of Appeal (SCA) judges, relating to the appeal by Mr Shaik and the subsequent statement by Justice Squires, I would like to emphasise that that issues relating to the impropriety of judges are the preserve of the Judicial Services Commission (JSC). The Constitution provides for processes and procedures that need to be followed in this regard. Therefore, if any persons have complaints of serious impropriety against any of the SCA judges, they must lodge their complaints with the JSC.

On the other hand, if any person takes issue with any aspect of the judgement itself, then the appropriate cause of action to follow is to make use of whatever remedies are provided in law. Depending on the remedy chosen such a person will have to approach either the SCA or the Constitutional Court.

The rule of law demands of all of us, even if we feel aggrieved by any pronouncement of the court, to uphold and promote the legitimacy and confidence in our courts, by dealing with such disputes rationally, on the basis of the facts and in accordance with the processes and procedures provided in law. In the new democratic dispensation there has been an evolving and growing confidence in the judiciary from our people. We should all continuously strive to promote and build on this evolving positive response of our people.

Border Control and Security

The Cluster has drafted a comprehensive and holistic border control strategy to deal with issues of security in South Africa's borders, especially during this upcoming festive season. The strategy addresses South Africa's security taking into account the country's other priorities of promoting trade, tourism and development.

Pardons

With regard to pardons, the power to grant pardons is vested in the President by Section 84 of the Constitution. The department has analysed and processed the applications by 1 107 prisoners, who claim that their crimes were politically motivated. The applications are being considered within the existing legal framework. What complicates some of these applications is the fact that some are serous offences in respect of which long prison terms were imposed. We will revert to you in due course on this matter.

Legal Services Charter

Improving Access to Justice for all is a fundamental pillar of the Legal Services Charter. Access to Justice can only become a reality through the transformation of all key aspects of the legal services sector. This includes, inter alia, transformation of the Judiciary, transformation of the legal profession, transformation of mindsets and the realisation of the right to a fair trial, including effective and affordable legal representation.

The provision of legal services in rural and historically black communities is severely hampered by a general shortage in the numbers and distribution of legal practitioners in the country. The Charter seeks to address this through not only increasing the number and distribution of legal practitioners; but also through improving the quality of legal representation. One of the charter's responses to this challenge is to facilitate the increase in the number of black female and disabled lawyers. The development and transfer of skills for legal professionals also ranks high on the list of priorities of the Charter.

Big Events

A dedicated structure for continuous safety and security planning for the 2010 World Cup has been established and has developed a strategy to co-ordinate the gathering and dissemination of intelligence to clients and partners in support of the Safety and Security Master Plan.

Apart from the provision of tournament security advisory services, the National Intelligence Agency (NIA) will also be responsible for the screening of accredited persons (subject to certain exceptions agreed to with FIFA). It will also be responsible for the protection of the integrity of tournament telecommunications and information technology.

Issued by: Department of Justice and Constitutional Development
16 November 2006