Speeches

Political Overview on the 2022/23 Annual Reports for departments and entities reporting to the Ministry of Justice and Correctional Services delivered by Minister Ronald Lamola delivered to the Portfolio Committee on 10 October 2023

Deputy Minister of Correctional Services; Nkosi Phathekile Holomisa, Ah Dilizintaba;
Deputy Minister of Justice and Constitutional Development, Mr John Jeffery; Chairperson of the Portfolio Committee of Justice and Correctional Services; Honourable Bulelani Magwanishe;
Honourable Members of the Portfolio Committee;
The Inspecting Judge of Correctional Services; Justice Edwin Cameron; National Commissioner of Correctional Services, Samuel Thobakgale; Head of SIU, Advocate Andy Mothibi;
National Director of Public Prosecutions, Advocate Shamila Batohi; CEO of Legal Aid South Africa; Ms Mantiti Kola;
SG of Office of the Chief Justice; Ms Memme Sejosenwe
Director General of Justice and Constitutional Development, Advocate Doc Mashabane;

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

MINISTER OF JUSTICE WELCOMES FINDING ON DR IMAM HAROON

We welcome the finding by the Western Cape High Court on the late Imam Abdulah Haroon that he was tortured to death and did not fall down steps as the apartheid police claimed. The law will now take its normal course and the NPA will attend to the matter.

The NPA will continue to prosecute on the TRC matters before them. This case and other cases in our courts like the Senzo Meyiwa case shows the wheel of justice continue to turn countrywide.

During this term, we have made significant strides to ensure agencies which enforce the rule of law are reinforced and strengthened after a near collapse.

South Africa's resilience is shining through in these challenging times, offering a glimmer of hope. We face a crossroads where the rule of law could either falter or prevail. Thankfully, it remains a fundamental pillar of our society, cherished by many.

JUSTICE AND CONSTITUTIONAL DEVELOPMENT MAKES TREMENDOUS PROGRESS: UNQUALIFIED AUDIT

Over the past four financial years, tremendous progress has been made despite numerous challenges faced by the Department of Justice and Constitutional Development. The strategic interventions that have been initiated in the past few years have begun to produce results. This is evident by the improved performance.

The Department achieved overall performance of 86% in the 2022/23 financial year. 85% was the highest performance previously achieved by the department in 2014/15 financial year. This should lead to improved access to justice.

The department managed to overcome the qualified audit opinions it has been receiving since 2017. It achieved an unqualified audit opinion , which was a mammoth task. I am honoured and proud to present an unqualified annual report for the 2022/23 financial year. This is an outcome of team work by the department’s officials with oversight from the Executive.

GAME-CHANGIN DECEASED ONLINE SYSTEM LAUNCHED I

Modernising justice services is the key strategic enabler to realise the smart justice system in pursuit of improved service delivery. The Department continues to develop online solutions in phases. It is worth mentioning the significant progress that has been made on Deceased Estates Online Solution.

The Deceased Estates online system was piloted with the assistance of members of both the Fiduciary Institute of Southern Africa (FISA), the Banking Association of South Africa (BASA) and selected members of the public.

I am pleased to announce that the online system was officially launched today, the 10th of October 2023 and will be operational in five master offices, namely Johannesburg, Cape Town, Durban, Pretoria, and Thohoyandou.

We continue to build a stable and reliable ICT infrastructure to enable the systems to function optimally in order to provide services to the public.

25 YEARS OF A CONSTITUTIONAL SOCIETY

The National Constitution Conference held in March 2023 is one of the highlights of the 2022/23 financial year. This provided an opportunity to reflect on the past 25 years of the Constitution. It is also focused on issues related to service delivery and social stability, while also creating a roadmap for harnessing democracy's achievements.

The past 25 years have made significant progress in redressing the injustices of the past. Nevertheless, there are still many obstacles to achieving the vision and values of the Constitution. The Department will continue to work with stakeholders to realise the vision of the Constitution.

Towards accelerating the implementation of the 2019 Presidential Summit Declaration and its National Strategy Plan to fight against Gender Based Violence (GBV), phase 5 of a Femicide Watch interactive dashboard was completed to support the Department in analysing trends and profiles of offenders and victims.

MODERNISING OUR JUSTICE SYSTEM

The Integrated Justice Service programme continues to drive modernisation of the Criminal Justice System through improved use of technology, and the development, maintenance, and operation of an inter-departmental information exchange platform, namely the IJS Transversal Hub. Currently, ten (11) government departments/entities are connected to the IJS hub and are able to electronically exchange information.

Maintenance of infrastructure improve access to justice services, during the year under review, a total of 69 courts were refurbishment and upgrading through minor capital works. In addition, a total of 70 courts were upgraded in line with the minimum standards to provide reasonable accommodations and disability-centric support services.

SIX POLICIES FINALISED TO ADDRESS CHALLENGES IN THE STATE ATTORNEY OFFICE

To address the challenges faced by State Attorney Offices, a total of six policies were finalised by the end of 2022/23.

These policies cover a range of areas, including managing state litigation, briefing and outsourcing state legal work, initiating, defending and opposing matters, alternative dispute resolution (ADR State Mediation Policy), state legal representation policy, and State Management contingency Liability.

The Department is currently working on an action plan to implement the policies.

As we conclude the fifth administration, we will focus on improving access to justice by addressing challenges and implementing the Department's priorities.

The Department has made significant progress in implementing its priorities, even though access to justice is not yet at the required levels. Our goal is to build a society that is more just and equitable.

REBUILDING OF THE NPA ON TRACK

Responding to serious corruption is a top priority for the NPA, and targeted interventions have been implemented in response to the final Zondo reports. In collaboration with Law Enforcement Agencies (LEAs), we have established partnerships to address the Zondo and FATF recommendations. The LEA response to the Zondo recommendations is coordinated by an Integrated Task Force led by the NPA, with the participation of the DPCI, FIC, and SIU.

To address the recommendations made by FATF, the NPA leads the FATF Law Enforcement Agency (LEA) Workstream. The NPA primarily focuses on identifying and enrolling money laundering and terror financing cases. A monitoring mechanism has been established to ensure that the NPA meets its obligations regarding the FATF Action Plan.

Fighting corruption requires more than just prosecuting. We need a societal response and upstream interventions to improve ethics and integrity, particularly in leadership positions, governance, and collaboration with law enforcement partners. The NPA has collaborated with Gi-TOC to develop a focused Organised Crime Strategy. We recognize the importance of working with JCPS partners, particularly the DPCI, to combat organized crime.

To rebuild the organization and address the impact of State Capture, the NPA has adopted a strategic approach internally. The NPA has stabilized its senior leadership layers and increased staff capacity and capabilities.

The Office for Ethics and Accountability is close to being established to ensure staff integrity and advance our commitment to our values. The NPA's overall performance against its core mandate has improved by almost 50% since 2020/21. The NPA effectively handles over 850,000 criminal matters annually.

INTEGRATED JUSTICE SYSTEM PROCESSES 3 MILLION CASES

All of the 2022/2023 fiscal year targets set by the Integrated Justice System (IJS) program have been successfully met.

The IJS system integrations between the SAPS, the NPA, and the DoJ&CD have enabled the IJS Transversal Hub to process over Three Hundred Fifty-Five Thousand Two Hundred Seventy-Three cases electronically. Since its inception, the IJS system has processed more than three million two hundred eighty-three thousand one hundred thirty-nine cases, making it an effective tool in managing the criminal justice system.

The IJS system facilitates electronic information exchanges such as docket-ready notifications, docket requests, electronic charge sheets, and electronic case outcome integrations. It is operational across nine provinces, connecting 1,156 police stations to 509 courts nationwide, thus significantly reducing data-capturing time while providing valuable business insights for managing the criminal justice system.

During the 2022/2023 financial year, the Person Identification and Verification Application (PIVA) solution checked over 203,138 accused persons and identified over 60,981 (30%) as having prior criminal records.

Furthermore, 5,371 (2.6%) wanted individuals were identified as linked to SAPS circulations as persons of interest in other cases. The PIVA solution has been critical in identifying accused persons with prior criminal records and those related to SAPS circulations, thus enhancing the management of the criminal justice system. The IJS program's and PIVA solution's achievements inspire us to continue delivering efficient and effective services, benefiting all South Africans and continuing with modernisation journey.

OFFICE THE CHIEF JUSTICE

The Office of the Chief Justice (OCJ) has achieved a clean audit for the 2022/23 financial year, demonstrating their commitment to financial prudence and accountability.

Their primary mission is to ensure the efficient functioning of Superior Courts to provide accessible justice. The CourtOnline implementation, including the CaseLines solution, has been a game-changer.

The OCJ has installed backup generators and water backup systems in several service centers to mitigate power and water supply interruptions. The OCJ is committed to promoting accountability and fighting corruption. Finally, the budget cuts have affected the OCJ, but they are determined to navigate the financial constraints through innovative approaches.

SPECIAL INVESTIGATING UNIT

SPECIAL   INVESTIGATING   UNIT   ONBOARDS   ARTIFICIAL    INTELLIGENCE SUPPORT

The SIU is going a long way to deepen its capacity and we have seen significant developments on this front.

The SIU and the Council for Scientific and Industrial Research (CSIR) have taken a positive step towards fostering innovation and development in the fields of data science, information and cyber security, AI, and cyber infrastructure support.

Through a Memorandum of Understanding (MoU), both institutions have agreed to share their expertise and skills to combat corruption and cybercrimes through the Anti- Corruption Academy.

This collaboration will bring about a significant change in policy formulation and implementation. The Anti-Corruption Academy will have access to world-class research, which will enable it to develop practical policies that will make a real difference. Building strong human capacities and a robust Anti-Corruption Academy are critical to achieving this goal. This will add to the impressive work of the SIU to recover state funds and address maladministration.

Legal Aid South Africa

Chairperson and Honourable Members, Legal Aid South Africa continued in the last financial year to champion the rights of all persons to access justice through the provision of independent, accessible and quality legal aid services, in fulfillment of its constitutional and legislative mandate. The Land Rights Management Unit had its first full year of operations and provided legal services to farm occupiers, labour tenants and restitution claimants.

LAND COURT ACT WILL ENSURE LAND JUSTICE

I would like to convey the Executive’s gratitude to this committee for the swift processing of the Land Court, we will proceed to fill the vacancies for the Court to function at a maximum capacity to ensure land justice in our country.

It increased access to justice by providing 581 430 persons with legal aid in comparison to 487 552 persons in the previous financial year. It also achieved 97% of the predetermined objectives in comparison to 84% in the 2021/22 financial year. The cherry on top was the 15th clean audit outcome.

DEPARTMENT OF CORRECTIONAL SERVICES

Chairperson, the Department of Correctional Services continues to offer rehabilitation programmes to inmates in our efforts of contributing towards safer communities in South Africa. The programmes are geared towards social reintegration of inmates into the community.

One of the rehabilitation programmes that we offer is the Self Sufficiency Strategic Framework (SSSF). Through this programme, we transfer skills to inmates to enhance their employability; and allow inmates to take part in community empowerment initiatives which help to raise awareness to the public that inmates are a continuous part of society.

SELF SUFFICIENCY STRATEGIC FRAMEWORK SAVES DEPARTMENT R 372 MILLION

We are happy to announce to this portfolio committee that in the 2022/23 Financial Year, the Department of Correctional Services continued to significantly reduce running costs at all correctional centres and generated revenue by maximizing production through offender labour.

Honourable Members of the portfolio committee also witnessed revenue generating activities in our centres during their oversight visits. Honourable Members went further to make suggestions to enhance production and where possible, we have implemented the suggestions.

Chairperson, 1 277 offenders worked in production workshops daily in the last financial year and 3 352 inmates daily worked in our agricultural farms. Over the last three financial years, the Department saved a total of R372 million through the Self Sufficiency Strategic Framework. We were 100% self-sufficient in terms of producing eggs for inmates. Management Areas in Gauteng and the Eastern Cape also did not procure cabbage from external service providers as this was produced internally.

Other food items which were internally produced for inmates rations included the following: 9,4 million kilograms of vegetables; 482 thousand kilograms of fruits; 425 thousand kilograms of red meat; 1 million kilograms of Chicken Meat; 1.7 million kilograms of Pork; 5.9 million litres of milk; and 4.6 million loaves of bread at a cost of R7,02 per loaf.

WE ARE SUSTAINING UPWARD TRENDS IN GOOD GOVERNANCE

Chairperson, as honourable members can attest, both the performance of the department of correctional services and audit outcomes, continue to significantly improve. The overall performance of the department in the last financial year stood at 87% with 39 out of 45 targets achieved. The department of correctional services’ overall audit outcome for three consecutive financial years is an unqualified audit opinion with findings.

We will continue to entrench a culture of accountability in the department, to sustain the upward trend in terms of audit outcomes and good governance.

In the 2022/23 Financial Year, we provided adequate oversight and monitoring, emphasising on the importance of consequence management against transgressors of legislation and public sector prescripts. Lack of accountability was not tolerated and where it reared its ugly head, it was tackled head on.

MASSIVE REDUCTION IN IRREGULAR EXPENDITURE

This approach resulted in reduction of irregular expenditure in the last financial year, which amounted to 194 million compared to 946 million in the 2021/22 Financial Year. The number of audit findings was also reduced from 130 in the 2021/22 financial year to 108 in the previous financial year. This is in line with our target of obtaining a clean audit opinion this financial year.

Another important matter that we emphasised on in the last financial year, was filling of vacant posts with capable correctional officials to prevent dishonesty in our operations. This led to improved service delivery as we bore witness in our Annual Report.

We boast of men and women in brown uniform who are committed to improve our responsiveness towards offices the department account to, leading to improvement of our performance and creating better lives for our people.

OVERCROWDING IS A DIFFICULT

Chairperson and Honourable Members, overcrowding continues to impact the department of correctional services’ rehabilitation programmes. In the last financial year, we had an inmate population of 157 056 (One Hundred Fifty-Seven Thousand and Fifty-Six), consisting of 98 495 (Ninety-Eight Thousand Four Hundred Ninety- Five) sentenced males, 2 691 sentenced females, 53 912 (Fifty-Three Thousand Nine Hundred Twelve) un-sentenced males and 1 958 un-sentenced females. This inmate population of 157 056 (One Hundred Fifty-Seven Thousand and Fifty-Six) was accommodated within the approved bed space capacity of 107 582 only (One Hundred Seven Thousand Five Hundred Eighty-Two). Overcrowding is a difficult challenge.

We continue to implement the Overcrowding Reduction Strategy to mitigate against rising levels of overcrowding which affect our operations in a multitude of ways. As Honourable Members would recall, we announced a special remission of sentence that was approved by President Ramaphosa in August this year to a category of low risk inmates.

Before the remission, the occupancy rate of our centres was 143%, but this has been reduced by 15%, demonstrating that the remission is indeed one of the tools to reduce overcrowding. We also emphasise that we cannot build new correctional facilities at a pace which will eliminate the challenge of overcrowding, therefore we will continue to implement the overcrowding reduction strategy to ensure safety and humane incarceration of all inmates in line with the Nelson Mandela Rules.

One of our notorious inmates, convicted rapist and murderer, Thabo Bester’s escape from the Mangaung Private Correctional Facility, undermined our efforts to safely incarcerate dangerous criminals.

However, honourable members, as various enquiries and oversight visits of this portfolio committee revealed, inmates are incarcerated safely across our 243 correctional centres in the country.

OUR CENTERS ARE NOT SYNONMOUS WITH ESCAPES

Our centres are not synonymous with escapes, in the last financial year, correctional services reduced security incidents through effective implementation of prevention strategies.

From inmate population of157 056 (One Hundred Fifty-Seven Thousand and Fifty- Six), there was a reduction of 90 escapes in the 2022/23 when compared to the 117 escapes the prior financial year. We continue to acknowledge that one escape from any of our centres is one too many. We will continue to strengthen our security operation to prevent escapes and other security incidents such as contrabands smuggling.

As Honourable Members are aware, the Department of Correctional Services is engaged in a process of introducing a Correctional Services Amendment Bill, 2023 to amend Sections 1, 30, 31, 88A and 91 of the Act and to introduce a new section 95D regarding its relationship with and the independence of JICS. In this regard, a JICS Bill has also been developed and the finalisation thereof hinges on a final determination from National Treasury to replace most of the provisions in Chapters 9 and 10 of the Act.

UPDATE ON KUTUMA SINTHUMELE AND TERMINATION OF MANGUANG CORRECTIONAL CENTRE

Chairperson, we have pronounced ourselves clearly that we do not intend in any way whatsoever, to renew contracts with private correctional centres, namely Mangaung and Kutama Sinthumule. The matter of terminating the contract of Mangaung Private Correctional Centre is before court where we are defending our decision to terminate this contract and we stand by our decision to serve the consortium with termination notice. We commend the officials of Limpopo, Mpumalanga, North West Region on how the contained the situation in Kutuma when the correctional facility was ablaze. Not single inmate escaped.

Good work by correctional services continues unabated. South Africans from all walks of life have borne witness to inmates and officials in brown uniform restoring the dignity of our people through building quality houses in partnership with our stakeholders, establishing food gardens at previously disadvantaged schools, producing wheelchairs for people living with disabilities, and renovating public schools.

From Kuruman in Northern Cape, Nongoma in Kwa-Zulu Natal, to Mogwase in the North West, inmates are helping to transform the lives of the poor and victims of crime.

We will not rest on our laurels, we will continue to transform correctional services working together with partners and institutions such as JICS, into an entrepreneurial department consistent with the commitments we made before this august house.

IT SYSTEMS BEING UPDATED

We are modernizing the IT systems of the department and collaborating with other organizations to improve our services. As per the Criminal Law (Forensic Procedures) Amendment Act, the National Commissioner of SAPS must obtain a buccal sample from every person serving a sentence of imprisonment for a listed offence in Schedule 8 of the Criminal Procedure Act.

To meet this requirement, DCS is working with SAPS and the IJS Transversal hub to establish an information exchange, with the project expected to be finalized by December 2023.

ANKLE BRACELETS FOR PAROLEES

DCS has commissioned the Centre for Scientific Industry and Research to develop ten ankle bracelets for electronic monitoring to enhance the supervision of parolees, probationers, and those awaiting trial. The devices have been successfully tested, and the next step is to package them and carry out field tests to ensure their performance in real-world situations. The field tests will begin in November 2023.

In addition, DCS has also commissioned the CSIR to develop a hand-held mobile biometric device prototype that will automate the comparison of fingerprints of a person brought to a correctional facility for detention from court with the fingerprints on the detention warrant. The device will also conduct offender roll-calls, daily unlock and biometric identification. The ten prototypes have been developed and tested, and are now undergoing field tests in correctional facilities starting this month, October 2023.

PROHIBITING CELLPHONES IN CORRECTIONAL SERVICES TECHNOLOGY ON TRACK

DCS is also collaborating with CSIR to develop technology that prevents the use of mobile devices in correctional facilities. The network operators in South Africa believe that jamming is not allowed by ICASA, which makes it difficult to restrict the usage of cell phones. However, the Association of Comms and Technology (ACT) is writing to ICASA to request a meeting for an exemption to enable Jamming in Correctional facilities during certain times of the day.

In a meeting with Telkom, DCS discussed the repairs of Public Telephones in Correctional facilities. Out of the 1,800 public telephones in DCS facilities, 70 were not functional, 40 were repaired, and 30 needed replacement as the units were damaged. Telkom is finalizing its discussion with Call Save to provide an alternative solution to the Public Telephones.

Although the Department faces challenges such as a high vacancy rate, funding constraints, and an increasing inmate population, it remains committed to delivering on planned programmes and projects.

Conclusion

Honorable Members, our work is visible, you can touch it, we need the impact to be felt by those who are accessing the justice services countrywide, with the current upwards trajectory all the departments are in, we are confident that soon the impact will be felt countrywide. Mirthro Ya vula vula.

I thank you!