28 June 1999: Ministerial briefings in Parliament
Criminal Justice Cluster
The Ministers of Safety and Security, Justice and Constitutional Development and Correctional Services presented their statements to the media audience.
Minister of Safety and Security: Mr Steve Tshwete (Full briefing here)
Minister of Justice: Mr Penuel Maduna
(Full briefing here)
Minister of Correctional Services: Mr Ben Skosana
(A brief summary of the Minister's statement follows, no written press briefing was handed out.)
- The Minister stressed the importance of the National Crime Prevention Strategy (NCPS) and therefore emphasised that successful co-ordination between the three ministries represented is necessary for achieving an integrated justice system.
- He mentioned three strategies from the Department of Correctional Services for ensuring the success of the NCPS:
Integrated Security Systems
- These are important for combating escapes
- The Minister stated that adequate lighting and electric fences have already been installed in many management areas and have therefore assisted the decrease in escapes by 50% from 1997 to 1998.
- He did not however neglect the human element (the wardens and other officials) which assist in escapes, but stressed the importance of the corruption investigation unit in this regard.
Education, training and development of offenders
- All three of the above strategies are necessary for the dignified reintegration of criminals into society as they provide criminals with the skills they need to function constructively in society.
- Stigmatisation does remain and the question therefore is why do the criminals need these skills if they will never be given the chance to use them and will therefore resort again to crime? The Minister acknowledged this point, but emphasised the role of the police team in this regard.
- The strategies he discussed include: adult basic training; computer training; and occupational skills and training.
- The Minister further mentioned the Awaiting Trial Prisoners Program which aims at reducing the number of awaiting trial prisoners. Pilot studies are already underway.
- This will also successfully reduce overcrowding in prisons, as more than 30% of prisoners are still awaiting trial.
- In this respect, proposals have already been made to the Department of Justice which have resulted in such steps as the reassessment of the bail-system which is presently under way.
Work closely with the other departments
- To render correctional services.
The floor was then opened for questions and the chairman indicated that the questions could be directed to any of the three ministers as well as Mr Ngcuka (National Director of Public Prosecutions) and Mr Fivaz (National Commissioner of Police).
QUESTIONS FROM THE MEMBERS OF THE PRESS
(What is important to note, is that although these questions and answers are written in the first person, they paraphrase what was said and are by no means direct quotes of the people concerned.)
(to Mr Tshwete: Safety and Security) Do you think that you will be able to get more money for your department than your predecessors and will the automatic fingerprinting system become a reality?
- Through exerting more pressure and the emphasis which is being placed on the national crime rate, I feel that the budget allocation will increase.
- President Mbeki also placed an emphasis on the improvement and increasing of resources and in this respect, more resources are needed to empower the SAPS in every practical way. For this, further financial backing will be provided.
- With regards to the automatic fingerprinting system, it is a vital tool which will be used to expediate the prosecution of criminals and lower the number and cost of awaiting trial prisoners.
The Citizen (to Mr Ngcuka) There have been statistics released regarding the low percentage of convictions. What is being done to improve this conviction rate?
- It is an important problem and we have therefore entered into an agreement with prosecutors linking remuneration with better performance.
- Our task is to (within the next 6 months) increase the conviction rate, lower the number of awaiting trial prisoners and increase the number of court hours. With regards to the court hours, we have already aimed at increasing the number of court hours from 2 hours to 4,5 hours per day by the end of September.
- At present we are on course to complete this task.
- We believe that there is a direct link between the low conviction rate and the high crime rate. Improving the conviction rate is therefore a top priority so that we can decrease the crime rate.
Reuters Is a move being made to remove the suspects' right to silence?
Mr Maduna:
- No it is a fundamental right that cannot be compromised.
- We cannot let the criminal element dictate our morality.
- There are far better ways to respond to the criminal element.
Mr Ngcuka:
- The playing field between the accused and the state is not level because the state is obliged to disclose information while the accused are not.
- It is therefore necessary to level the playing field.
- The equal disclosure of information is an international norm, but not a local norm and the state is therefore prejudiced.
CIM Magazine With regards to the high statistics regarding child abuse: There is a problem with getting criminals convicted. How do you aim to improve the protection of children and therefore increase parental inclination to allow their children to testify in such cases?
Mr Maduna:
- We want to work with the courts to ensure sensitivity in dealings with the witnesses.
CIM Magazine Are you going to re-look at the cautionary rule applying to children?
Mr Maduna
- We need to do what Mr Ngcuka said in the previous question with regards to levelling the playing field, if it impedes convictions in crime.
- We need to aspire to be a proper Human Rights-centred democratic society and we will therefore look at how similar situations are dealt with in similar societies for guidance.
Mr Tshwete
- if there are problems in any sector, the Parliament is there from which to request relief when any department in our cluster can not deal effectively.
- The criminal way is not the best way in society and we therefore have an obligation to protect our society.
- Once again, I believe that the playing field needs to be levelled and we need to make the protection of law-abiding citizens our top priority.
SABC With regards to the flashpoint areas referred to by President Mbeki: Where are they and what is being done?
Mr Tshwete
- It is important to motivate people, especially the police force. In this respect, we (the ministers present) will not only be working from our offices in Parliament, but we will also be working directly with the people "on the ground"
- The areas to be focussed upon include (amongst others): in the Western Cape, the issues of gangsterism and urban terrorism and in the Gauteng province, car hijacking.
- Multi-disciplinary teams will also focus on the roots of the problems in those areas. We are therefore not only taking an operational approach to crime.
SA Press Association Will there be a structure to formalise the co-ordination between your three ministries?
Mr Maduna
- We are already having combined meetings and are therefore in conjunction with Mr Ntlantla, functioning as a cluster.
- The justice system is already for example, assisting in the investigation of high profile cases and as mentioned before, the police and prosecution have to work together to ensure that cases are prosecutable.
- Every 2 weeks we have to have meetings to be able to present reports to the Cabinet Committee on Intelligence and Security (CCIS) which meets every alternate week.
Mr Tshwete
- The Defence Ministry is also involved and we may in certain situations need effective back-up from the army.
Mr Maduna
- The Department of Home Affairs also plays an important role especially in trans-border and transnational crime
Mr Tshwete, what will enable you to succeed better than your predecessors?
- It is important for us to tighten around prior implementations, especially with regards to the visibility of the police force.
- We also need to implement strategic points of the National Crime Prevention Strategy.
- We cannot compartmentalise any department, it is important for us to
- work as a cluster
- prioritise crime prevention
- have the necessary resources at our disposal (intellectual, technical as well as financial and physical resources)
Mr Maduna, we realise that you have been left with a difficult task by your predecessor regarding the issue of amnesty, how will you deal with it effectively?
THERE WILL BE NO GENERAL AMNESTY, we do not intend to give amnesty to those who did not apply, it is their own fault that they did not apply. In this regard, I am taking the same standpoint as my predecessor.
Network Radio News The National Investigating Force referred to by President Mbeki, is it going to be a national team of detectives (like the FBI) or will it be an extension of Bulalani's team?
- A huge structure that will deal with crime is being set-up along the lines of the FBI (although it is not exactly the same as the FBI) pooling the best resources of the country.
- It will deal with priority crimes especially the abuse of women and children.
- We want to make it "the Pride of the Country" as far as investigating and prosecuting is concerned.
- The President has given us 14 days to set it up.
To what extent will the clampdown on crime be a police and military effort, or will you also be mobilising communities?
Mr Tshwete
- You can't work in isolation from the communities, we therefore need to raise the profile of the police to facilitate the easy flow of information from the people to the police.
- We want to create an environment that is conducive to informer activity (in this regard the witness protection program plays an important role).
- We want there to be an ongoing dialogue on all levels (from the people to the police to the MECs to the ministers and visa versa)
Mr Ngcuka
- It is critical to engage the community because there will always be someone out there who knows who is committing offences.
- We have been in discussions with the FBI and Scotland Yard as to how we can improve crime prevention strategies and they hold the view that our strategies are good but our implementation is bad. We therefore need to focus on implementation.
- The solution to the problem of crime lies in mobilising the communities.
The Beeld Mr Maduna, will the sexual offence courts be extended to other centres?
- Yes, they are successful and will therefore be an asset in the prevention and prosecution of sexual offenders.
The Beeld There is a move to recruit new members for the police force, on all operational levels: how will the proposed downsizing of the police force by 6000 people in the next 2/3 years affect this?
Mr Fivaz
- this will not be a problem if we focus on the effectiveness of the police force
- the core functions will still be recruited for and will therefore constantly be upgraded.