The Department
of Justice
and the
National Crime Prevention Strategy
1.
INTRODUCTION
1.1 Reform of the criminal justice
system
1.2 Public values and attitudes
1.3 Environmental design
1.4 Transnational crime
2. THE RESPONSIBILITIES OF THE DEPARTMENT OF JUSTICE
4. HUMAN RESOURCES AND TRAINING
4.1 Filling of posts
4.2
Training
5.
INFRASTRUCTURE
5.1
Accommodation
5.2 Community Safety Centres
5.3 Departmental and other funding
5.4 Installing Information Technology
Systems
8. INTEGRATED MANAGEMENT OF AWAITING TRIAL PRISONERS
11. VIOLENCE AGAINST WOMEN
11.1 Sexual Offences Guidelines
11.2 Sexual Offences Courts
11.3 Other steps to combat violence against
women and children
11.4 Legislation of relevance to women
13. CO-ORDINATION AND INTEGRATION WITH OTHER NCPS ROLE-PLAYERS
The Department of Justice is fully committed to the fight against crime. As one of the partners in the National Crime Prevention Strategy, we have devised and implemented various strategies to address the high levels of crime. Whilst reducing the overall crime rate is our top priority, we urge the public to also make it theirs. We have to send out a clear message that crime does not pay - that includes not buying stolen goods, reporting crime and giving evidence in court. We have to replace the current culture of lawlessness with one of human rights. Only then will our young democracy reach its full potential.
Dr P N Maduna, MP
Minister of Justice
Ms C E Gillwald, MP
Deputy Minister of Justice
1. INTRODUCTION
The National Crime Prevention Strategy (NCPS) was adopted by
Cabinet in May 1996. Since then, the NCPS has moved a long way
from being a strategic document to an operational programme.
Various structures and processes have been put in place to make
the NCPS a reality.
The Department of Safety and Security was assigned the role of co-ordinating department by Cabinet. One of the mechanisms used to co-ordinate the NCPS is the Interdepartmental Ministers' Committee which, in consultation with the Cabinet Committee on Security and Intelligence, gives policy guidance on NCPS matters. This policy guidance is given to an operational co-ordinating mechanism, made up of senior officials within the NCPS departments who are responsible for ensuring that the agreed programmes are implemented quickly and efficiently.
The responsibility for carrying out the various projects remains with the appointed lead department, as agreed by the NCPS Ministers' Committee. For example, the Department of Justice (DOJ) is in charge of the Court Management Project, whilst the South African Police Service (SAPS), with the assistance of other NCPS agencies such as the DOJ, the Department of Correctional Services (DCS) and the Department of Welfare (DOW), is in charge of the Enterprise Process: Information Management Project.
The NCPS stands on four pillars. These are the major areas which must be dealt with for crime prevention to be successful. The pillars are:
1.1 Reform of the criminal
justice system
This involves the re-engineering of the criminal justice
system to remove blockages and improve efficiency so that the
system becomes an effective deterrent to crime.
1.2 Public values and attitudes
The NCPS calls for major initiatives to make people aware of
the cost of crime and the role they can play, and to reverse the
prevalent disregard and contempt for law and human life.
1.3 Environmental design
Environmental design calls for changing the way we design
communities to make it harder for criminals to operate, and to
strengthen social networks and cohesiveness, which are essential
to the prevention of crime.
1.4 Transnational crime
Crime in South Africa is increasingly of a transnational
nature. This pillar aims to deal with the cross-border nature of
crime.
2. THE RESPONSIBILITIES OF THE
DEPARTMENT OF JUSTICE
2.1 The main responsibilities of the DOJ, in its role as one
of the core departments responsible for the implementation of the
NCPS, are the following:
2.2 What follows must be evaluated against the above-mentioned functions.
3. LEGISLATION
3.1 The following legislation relating to the criminal
justice system has already been passed and has had a direct
impact on crime:
3.1.1 Investigation of Serious Economic Offences Amendment Act, 1995 (Act 46 of 1995)
This Amendment Act brings the investigation, search and seizure provisions in line with the draft Constitution.
3.1.2 Criminal Procedure
Second Amendment Act, 1995 (Act 75 of 1995)
The provisions of the Criminal Procedure Act, 1977 (Act 51 of
1977), relating to bail, were amended to bring them in line with
Chapter 3 of the draft Constitution and to make improvements to
existing bail provisions. These amendments will be discussed in
detail in paragraph 6.
3.1.3 Special Investigating
Units and Special Tribunals Act, 1996 (Act 74 of 1996)
The object of this Act is to provide for mechanisms through
which allegations of serious corruption, maladministration or
misappropriation of state funds and assets can be investigated.
It makes provision for the establishment of Special Investigating
Units and Special Tribunals, with wide powers of investigation.
3.1.4 International
Co-operation in Criminal Matters Act, 1996 (Act 75 of 1996)
The International Co-operation in Criminal Matters Act, 1996,
facilitates the provision of evidence and the execution of
sentences in criminal cases and deals with the confiscation and
transfer of the proceeds of crime between South Africa and
foreign States. It introduces a new procedure to obtain evidence
from foreign States.
3.1.5 Extradition Amendment
Act, 1996 (Act 77 of 1996)
This Amendment Act brings the Extradition Act, 1962, into
line with the requirements of the Commonwealth Scheme for
Extradition. (The Commonwealth Scheme for the Rendition of
Fugitive Offenders is a policy guideline to regulate extradition
between members of the Commonwealth. The implementation of the
guidelines requires that members of the Commonwealth should bring
their domestic legislation into line with the Scheme, bringing
about uniformity of legislation between member States, which then
forms the basis for extradition relations between them without
the need for extradition treaties.)
3.1.6 Proceeds of Crime Act,
1996 (Act 76 of 1996)
This Act provides for the recovery of the proceeds of crime
and for the prohibition of money-laundering and it makes the
reporting of certain information obligatory in certain
circumstances.
[The last mentioned three acts fulfill an important role in comprehensive measures to combat transnational crime.]
3.1.7 Criminal Procedure
Amendment Act, 1996 (Act 86 of 1996)
The primarily aim of the Act is to eliminate delays in the
finalisation of criminal trials.
3.1.8 Criminal Procedure
Second Amendment Act, 1997 (Act 85 of 1997)
This Act further regulates the provisions in the Criminal
Procedure Act, 1977 relating to bail, in order to ensure a more
effective bail system. These amendments will be discussed in more
detail in paragraph 6.
3.1.9 The Rationalisation of
Justice Laws Act, 1996 (Act 18 of 1996)
This Act brings most of the legislation administered by the
former Departments of Justice in the Self-governing Territories
and TBVC States in line with the legislation administered by the
DOJ in the former Republic of South Africa.
3.1.10 The Judicial Matters
Amendment Act, 1996 (Act 104 of 1996)
This Act gives the Office for Serious Economic Offences the
power to conduct prosecutions which will eliminate a duplication
of work, in that the person who conducts the investigation of a
particular case will also be able to prosecute the case.
3.1.11 National Prosecuting
Authority Act, 1998 (Act 32 of 1998)
The Act provides for the establishment of a single uniform
prosecuting service for the first time in the history of South
Africa. The implementation of the Act will have far-reaching
consequences for the administration of justice in the
Government's efforts to combat crime, in that the Act also
provides for the development of a coherent and uniform
prosecuting policy to be applied throughout the country.
3.1.12 Magistrates' Courts
Amendment Act, 1998 (Act 67 of 1998)
This Act regulates the appointment of lay assessors in
criminal trials in the Magistrates' Courts, so as to increase
community involvement in the administration of justice. It
addresses some practical problems regarding the involvement of
assessors, such as the refusal or non-availability of assessors
before a matter is finalised.
3.1.13 Witness Protection and
Services Act, 1998 (Act 112 of 1998)
The Act addresses problems experienced in the present Witness
Protection Programme and also provides for the protection of
witnesses of commissions of enquiry and inquest proceedings, as
well as proceedings of special tribunals established under the
Special Investigating Units and Special Tribunals Act, 1996.
3.1.14 Judicial Matters
Amendment Act, 1998 (Act 34 of 1998)
This Act contains numerous ad hoc amendments to
various Acts of Parliament. Provision is made for the increase
of the penal jurisdiction of the lower courts (in the case of
district courts from 1 to 3 years' imprisonment and in the case
of regional courts from 10 to 15 years' imprisonment); the
prohibition of certain acts connected with military, paramilitary
or similar operations and weapons, ammunition, explosives or
other explosive devices; and the amendment of section 49(2) of
the Criminal Procedure Act, 1977, to bring these provisions
relating to justifiable homicide into line with the Constitution.
3.1.15 The Criminal Law
Amendment Act, 1997 (Act 105 of 1997)
Sections 51, 52 and 53, as well as Schedule 2, which provide
for the imposition of minimum sentences, were implemented on 1
May 1998. These provisions provide that a High Court or Regional
Court, on conviction of a person of an offence listed in Schedule
2, must impose a prescribed minimum sentence. Although this is a
temporary measure (section 53), it is anticipated that it will
play an important role in combating crime.
3.1.16 Criminal Matters
Amendment Act, 1998 (Act 68 of 1998)
This Act deals with the declaration and detention of persons
as State patients in terms of the Criminal Procedure Act, 1997,
and the release of such persons in terms of the Mental Health
Act, 1973, including the onus of proof regarding the mental
condition of an accused or convicted person.
3.1.17 Domestic Violence Act,
1998 (Act 116 of 1998)
Upon commencement, this Act will replace the Prevention of
Family Violence Act, 1993. The Act recognises that domestic
violence is a serious social evil and an obstacle to achieving
gender equality. A broad definition has been given to
"domestic violence", so as to include any form of
abuse, and not only physical abuse. It places a duty on a member
of the South African Police Service to inform a victim of his or
her rights at the scene of an incident of domestic violence.
3.1.18 Prevention of Organised
Crime Act, 1998 (Act 121 of 1998)
The Act aims at giving the police and prosecutors new powers
to help them deal effectively with organised crime. It creates
the new offence of participation in the affairs of any criminal
organisation. It also allows the state to seize assets which have
been used to commit crimes, or which are the proceeds of crime,
through a civil action. It criminalises certain activities of
street gangs, such as the recruitment of members.
3.2 The following are some of the Bills on the legislative programme of the DOJ, which have a bearing on crime:
3.2.1 Criminal Procedure
Amendment Bill, 1998
The aim of this Bill is to regulate the detention of juvenile
offenders.
3.2.2 Interception and
Monitoring Prohibition Amendment Bill, 1998
This Bill seeks to regulate the monitoring of conversations
and communications by persons, bodies or organisations rendering
a telecommunication service.
3.2.3 Criminal Procedure Third
Amendment Bill, 1998
This Bill will make it possible to utilise closed-circuit
television in certain trials.
3.3 The South African Law Commission has on its legislation development programme the following projects dealing with matters which have a bearing on crime and which will eventually be referred to the Directorate: Parliamentary Legislation for promotion in Parliament:
3.3.1 The Simplification of the Criminal Procedure.
3.3.2 Sentencing (which includes a study of the victims of crime and compensation).
3.3.3 Family Violence.
3.3.4 The Application of the Bill of Rights on the Criminal Law, Criminal Procedure and Sentencing.
3.3.5 The Establishment of a Separate Criminal Juvenile Justice System.
3.3.6 Sexual Offences by and against Children.
3.3.7 Computer-related Crimes.
3.3.8 The Admissibility of Computer-generated Evidence.
4. HUMAN RESOURCES AND TRAINING
4.1 Filling of posts
With regard to the providing of sufficient courts to the
criminal justice system, it may be noted that the backlog in the
filling of posts of magistrates and prosecutors, has to a large
extent been successfully addressed. The situation in the Regional
Magistrates' Courts in the metropolitan areas of Gauteng is,
however, still a cause for concern. In this regard the Department
has received an offer for assistance from the Bar and Side Bar
and a process is under investigation to implement a system
whereby legal practitioners can be employed on a temporary basis,
in order to alleviate the pressure on the courts in this area. In
August a joint pilot project for the establishment of specialised
commercial courts will be launched in Gauteng. The recent salary
adjustments for prosecutors should also contribute towards the
retention of skilled human resources in this professional group.
4.2 Training
A Human Resources Training programme was approved by NCPS
structures and State Expenditure in 1997. An amount of R21,4
million over a three-year period was made available for the
training of persons involved in the criminal justice system. The
programme entails the following main features:
4.2.1 Fast-track training of
candidate prosecutors
In terms of this project 100 aspirant prosecutors were
selected from numerous applicants from all over the country to
receive intensive training for twelve months to qualify as public
prosecutors. The training was done on a decentralised basis at
the magistrates' courts at the following centra: Johannesburg,
Pretoria, Klerksdorp, Vereeniging, Vanderbijlpark, Welkom,
Bloemfontein, Pietermaritzburg, Durban, Port Elizabeth, East
London, Wynberg and Cape Town. Twelve tutors with extensive
experience in the administration of criminal justice were
employed under contract for one year to do the in-service
training of the candidates at the respective centra.
The candidate prosecutors and their tutors attended a course from 20 to 31 October 1997 at Justice College, during which the latest developments in the field of criminal justice, especially with regard to human rights issues, and the effect of the latest constitutional law court decisions, were discussed. Four similar one week courses were presented during January and February 1998 on a decentralised basis in Cape Town, Port Elizabeth, Durban and Pretoria. This project proved to be very successful, and the DOJ has employed the already trained candidate prosecutors on a permanent basis. The second fast-track training programme for prosecutors experiencing difficulties in the execution of their duties was concluded at the end of March 1999. A further fast-track training programme for candidate prosecutors commenced on 1 April 1999. Sixty candidates will receive six months of intensive theoretical and in-court practical training at the magistrates' courts in Pretoria, Johannesburg, Bloemfontein, Durban, East London and Wynberg.
4.2.2 Supplementary training
In addition to the usual courses presented at Justice
College, numerous training opportunities are presented by the
College in terms of the NCPS programme. These include
administrative courses, management courses and decentralised
training for prosecutors, state advocates and magistrates.
Examples are the following:
4.2.3 The promotion of court
interpreting
Following a series of discussions, a curriculum committee,
with representatives of all groups interested in the promotion of
court interpreting and the education of interpreters, was
established. Work has progressed to the point where four South
African universities are accepting enrolments for a qualification
in court interpreting, known as the Diploma in Legal
Interpreting.
4.2.4 Provision of training
aids
A substantial part of the training done at Justice College
entails the training of criminal court magistrates, state
advocates, public prosecutors and officials from various other
state departments, who are all involved in the administration of
criminal justice and thus also in combating crime. It is
therefore appropriate that financial contributions in terms of
this programme have been made towards the upgrading of training
aids, the extension of the existing computer network and the
establishment of a language laboratory. The latter is used in the
training of court interpreters and for the general improvement of
the language proficiency of officials involved in the
administration of criminal justice.
4.2.5 Cross-cutting training
A committee, convened by the head of Justice College, was
established to investigate ways to bring about cross-cutting
training opportunities for officials from all state departments
involved in the criminal justice cluster. A workshop was held
during June 1998, at which the curriculum for the cross-cutting
training course was developed, and the course presenters were
identified. The first cross- cutting training course was
presented at Justice College from 22 to 26 February 1999. The
course was generally favourably evaluated and a re-planning of
the course is presently under way.
5. INFRASTRUCTURE
5.1 Accommodation
5.1.1 At the time of the rationalisation of the DOJ, a
visible discrepancy in the standard of accommodation between the
Department's respective offices existed. Some were found to be in
dire need of major upgrading. With the rationalisation of the
former 11 Justice Departments into the National Department, the
need for a coherent standard of office equipment and
accommodation became clear. Due to a lack of funds, upgrading of
offices will take place in a phased manner.
5.1.2 R24,7 million was secured from NCPS funds for the upgrading of the offices in the following regions:
Transkei (all offices)
Ciskei (all offices)
North West Province (90% of offices)
Northern Province (90% of offices)
KwaZulu-Natal (10% of offices)
The upgrading included infrastructure, movable assets (such as furniture, communication facilities, court recordings, labour-saving devices, Jutastat CD ROM publications and hard copies of publications) and vehicles. The total amount was committed by the end of March 1999 and the NCPS project on the upgrading of infrastructure has therefore been completed. The project can be said to be successful, since it has led to a marked improvement in the morale of staff in a number of the suboffices.
5.1.3 The former Transkei was identified as an area in desperate need of upgrading. Many of the courts and magistrates' offices were in a serious state of disrepair. Some had no toilet facilities, others had no electricity or running water, and others were virtually roofless. Consequently the Departments of Justice and Public Works, in conjunction with USAID, launched the USAID-Transkei Court Refurbishment Project at the Tsolo Magistrate's Court on 21 August 1998. This initiative resulted in the refurbishment, renovation, addition to and, where necessary, the rebuilding of 19 magistrates' offices in the Eastern Cape.
5.2 Community Safety Centres
5.2.1 Business plans for the following pilot projects in the
Community Safety Centres Programme have been approved and the
projects, all four of which the DOJ has "bought into",
are at present being planned:
Khutsong (Carletonville/Oberholzer, Gauteng)
Leboeng (Northern Province)
Tshidilamolomo (North West)
Nsimbini (KwaZulu-Natal)
5.2.2 The following Community Safety Centres are in the process of finalisation:
Thabong (Welkom, Free State)
Augrabies (Kakamas, Northern Cape)
Cetane (Eastern Cape)
5.3 Departmental and other funding
5.3.1 Departmental and other funding will be used for:
5.3.2 New buildings completed
and in process
The following major works services were completed or have
reached an advanced stage of completion during the last
three-year period:
Adelaide: Magistrate's Court: Repairs and renovations.
Amanzimtoti: Branch Court: Additional accommodation.
Atlantis: Magistrate's Court: Erection of a new building.
Bellville: Magistrate's Office: Additional accommodation.
Bloemfontein: High Court: Additional accommodation.
Bosfontein: Branch Court: New building.
Brits: Magistrate's Court: Erection of two court rooms, cells and offices.
Cape Town: Magistrate's Court: Repairs and renovations.
East London: Magistrate's Court: Repairs and renovations.
Edenvale: Magistrate's Court: Additional accommodation.
Ellisras: Magistrate's Court: Erection of a new building.
George: Magistrate's Court: Additional accommodation.
Germiston: Magistrate's Court: Repairs, renovations and upgrading.
Giyani (Waterval): Magistrate's Office: Erection of a new building.
Goodwood: Magistrates' Office: Erection of a new building.
Grahamstown: Magistrate's Court: Erection of a new building.
Harrismith: Magistrate's Court: Additional accommodation.
Johannesburg: Constitutional Court: Conversion of a building.
Johannesburg: Supreme Court: Additional accommodation and upgrading.
Kimberley: High Court: Additional accommodation.
Masoye: Branch Court: New building.
Mdatjana: Magistrate's Court: Repairs and renovations.
Mmabatho: Magistrate's Court: Repairs and renovations.
Molopo: Magistrate's Court: Repairs and renovations.
Mossel Bay: Magistrates' Court: Erection of a new building.
Mtunzini: Magistrate's Court: Repairs and renovations.
Odi: Magistrate's Court: Security measures, fencing and lighting.
Parow: Branch Court: Additional accommodation.
Pietermaritzburg: Magistrate's Court: Erection of a new building.
Pinetown: Magistrate's Court: Additional accommodation.
Pretoria: Palace of Justice: Restoration of building.
Soweto: Magistrate's Court: Additional accommodation.
Verulam: Magistrate's Court: Additional accommodation.
5.4 Installing Information Technology
Systems
5.4.1 Y2K-Compliancy
The Department of Justice has set up a Project Team to ensure
that the so-called "Millennium Bug" is dealt with
effectively in all departmental offices. About 98% of the work
has already been completed.
5.4.2 Revamping the Deposit
Account System
We have appointed a Project Management Team to revamp our
Deposit Account System. We are responsible for the administration
of trust monies, mainly maintenance, bail, fines, etc. This
function is carried out at approximately 450 magistrates' offices
countrywide.
At present there is no uniform, safe, computerised system for handling trust monies. Some offices have an outdated computerised accounting system, whilst some have a reasonably efficient automated system that was inherited from the former House of Representatives, but it only handles maintenance. Most offices are still using a hand-written card system and manual cash books.
Aside from the lack of uniformity, these systems are inefficient, generally unreliable and labour-intensive. Moreover, they are all open to embezzlement of various kinds.
The new system that is being implemented will ensure:
Discussions are also under way with the Department of State Expenditure, the South African Reserve Bank (SARB), and the commercial financial institutions, in order to operate a current account with a commercial bank and close the account with the SARB. This will mean, for example, that maintenance monies that are due to beneficiaries can be deposited and withdrawn at ATMs. It will also improve the system of record-keeping at head office level. A tender document for the conversion of the system is currently being prepared by the Finances Section of the Department.
The advantages for the general public are clearly evident: people will be able to collect their maintenance or pay it at any bank, ATM or court building. This will ensure greater public access and eliminate most of the inconvenience.
5.4.3 Automation of the
Offices of NDPP and the Cluster Heads
We have automated and upgraded all 13 offices of the
erstwhile Attorneys-General, now known as Directors of Public
Prosecutions. The new systems include Jutastat, a case tracking
system, the latest version of Word Perfect, Internet for research
purposes and in some instances, E-mail.
This whole system is connected on a network and various Chief Magistrates' Offices have been included in this project. The short term objective is to ensure that the personnel in these offices all have computers with appropriate software and that they are able to use them. The medium to long-term objective is to link all the prosecutors at all the Magistrates' Offices to the Offices of the NDPP.
5.4.4 Logis System
At present the Department's Provisioning Administration
System is still functioning on the outdated version of the Logis
system. The Department of State Expenditure has developed a new
PA-System "Logis" to which every Department will be
linked on a main frame. Many preparations have to be done before
the Department of Justice can convert, but the work will be
completed during 1999.
5.4.5 A Computerised System
for Court Recording and Transcribing
The present system in use for the recording and transcribing
of court proceedings is ineffective and expensive. In terms of
Section 303 of the Criminal Procedure Act, 1977 court
records in review cases must be submitted to Registrars within
seven days after the date of sentence. However, with the present
system many complaints are received from Judges that court
records are not submitted on time.
The Department has therefore arranged a pilot project to record and transcribe court proceedings by means of a computerised system. The system has been installed at the Magistrate's Office in Pretoria as a pilot project. If the system works well, it will speed up proceedings and processes considerably.
5.4.6 Reconstruction and
Development Programme (RDP)
A business plan to upgrade the infrastructure (excluding
buildings) of the various offices in the Department was approved
by the Department of State Expenditure. An amount of R24 000 from
RDP funds was allocated for this purpose. Requests for various
items such as communication facilities, labour-saving devices
(facsimile machines, court recording equipment, typewriters,
etc.), publications (hard cover and CD-ROM), furniture and
vehicles were received from 297 offices in the Department. Most
of these items were requested by offices from the former TBVC
states and self-governing territories. Of the money allocated,
R23 200 has been committed and R80 000 remains to be spent.
5.4.7 Communications
Funds for a new PABX System are available for the Head Office
in Pretoria. Tenders have been received and are being evaluated
by the Tender Board.
5.4.8 Security Services
The Security Services Division's primary responsibility is to
ensure the safety of all our personnel, as well as members of the
public who visit and attend court sessions, at all times. The
frequency of theft, vandalism and destruction of government
property has resulted in the Department initiating an extensive
campaign to provide and install effective safety and security
devices at all its buildings and individualised justice
structures in an attempt to counter these acts. The planning of
services at 175 venues that are to be equipped with safety and
security devices is almost complete.
The Department has 558 security guards in service of whom 53 are temporarily appointed. An additional 2766 guards are needed but cannot be employed due to budget constraints.
Guarding services have been out-sourced at magistrates' courts in Somerset West, Randburg, Stellenbosch, Orlando, Soweto and Cape Town. An amount of R13,6 million has been allocated in the 1999/2000 financial year for the upgrading and procurement of security measures at office buildings and for further out-sourcing of security services.
6. BAIL
6.1 The legislation with regard to bail was amended during
1995 and 1997.
6.1.1 The main features of the 1995 amendments were the following:
6.1.2 The main features of the 1997 amendments were the following:
6.2 An NCPS investigation into practical matters to improve the granting of bail was conducted. The proposals flowing from the investigation are being implemented by the DOJ and the SAPS. The most important proposals are the following:
7.
PRE-TRIAL SERVICES
7.1 Responding to a need to give the courts more information
when considering bail, the former Minister of Justice launched
Pre-trial services (PTS), to enable courts to make more informed
decisions relating to bail. Pre-trial services, a new bail
administration system, is designed to:
7.2 Functioning of Pre-trial
services
7.2.1 Pre-trial services is a pilot project designed by the
DOJ, with the support of the Bureau of Justice Assistance.
7.2.2 Bail Officers and Supervision Officers, who staff the PTS offices, interview and photograph every accused person before they appear in court. During the interview, the staff obtain demographic information, ask questions about where the accused lives and works, and obtain the names of references and information on any assets which the accused may have.
7.2.3 This information is stored in a custom-built computer database, the first of its kind in South Africa. This database is the first link in a national justice information system, linking the DOJ to the SAPS, DCS and other justice-related government agencies as it expands.
7.2.4 The PTS officers check the information given by the accused, by making phone calls, talking with family members, and visiting homes to check on addresses and jobs. Once verified, this information is given to the court.
7.2.5 Pre-trial services does not take away the discretion of the magistrate to make a bail decision, but simply provides the court with more information.
7.2.6 Upon release of the accused, PTS endeavours to ensure that accused persons stand trial.
7.2.7 Pre-trial services will be linked to the SAPS's Criminal Record Centre, providing information about previous convictions before a bail decision is made. This is the first link in a national justice information system, paving the way for efficient criminal justice administration and moving justice into the twenty-first century.
7.2.8 Communities or witnesses could help the court make a better bail decision, by giving information through to the courts.
7.3 Location of Pre-trial
services
Pre-trial services offices have been established at Mitchells
Plain, Johannesburg and Durban. Plans are already under way to
establish seven additional PTS sites at East London, Umtata, Port
Elizabeth, Bloemfontein, Pretoria, Pietersburg and Rustenburg.
The necessary changes to the physical infrastructure at the
courts will be made, the equipment will be ordered and the basic
procedures for the Pre-trial service will be instituted at these
sites. However, the computer-based system, as is currently being
used at the Johannesburg and Durban pre-trial pilot sites, will
not be rolled out until a complete evaluation of the system, and
its suitability and compatibility with other departmental
computer systems, has been carried out.
7.4 Evaluation of Pre-trial
services
7.4.1 As at the end of January 1999, an estimated 18 900
people have been interviewed at the three sites since the start
of PTS.
7.4.2 Repeat offenders, who have committed a second or third crime while out on bail, have been identified.
7.4.3 Pre-trail services have already had an impact on the overcrowding of prisons. The proportion of awaiting trial prisoners from Mitchells Plain Magistrate's Court who were granted bail, has shown a sustained reduction since the institution of the PTS office. This figure decreased from 75 % in the first week of June 1997 to less than 40 % in the first week of March 1998. This figure naturally fluctuates somewhat, but appears to have stabilised between 30 and 40%. Before the implementation of PTS, the percentage of awaiting trial persons granted bail from Mitchells Plain Court was generally above that for courts other than Mitchells Plain. However, since PTS this has stabilised at a level below that of the other courts.
7.4.4 Pre-trial services ensures that:
7.5 It is important to note that PTS have been expanded to also cater for witnesses. Room has been made for witness-friendly waiting rooms at courts and witnesses are informed about court procedures and are put at ease. Telephone facilities, facilities to buy refreshments and television sets are provided to witnesses to make their court appearance a more enjoyable experience.
8. INTEGRATED MANAGEMENT OF AWAITING
TRIAL PRISONERS
8.1 The purpose of this project is to review all the cases
involving awaiting trial prisoners in order to ensure their
finalisation in the shortest possible period. The number of
awaiting trial prisoners has grown rapidly, and overcrowded
prisons are no longer in a position to accept unsentenced
prisoners. The costs associated with unsentenced prisoners is
estimated at R1,3 billion per year. In addition, overcrowding of
prisons presents a security risk and has a detrimental effect on
the management and control of prisoners, as well as on the smooth
functioning of the entire criminal justice system.
8.2 Project approach
An integrated approach within the Departments of Justice,
SAPS and Correctional Services, to reduce the number of awaiting
trial prisoners at pilot sites at the following prisons, has been
adopted:
All cases will be reviewed on an individual basis by a Case Review Team consisting of investigators, prosecutors and correctional services officers. A Change Implementation Team, representing the relevant departments, will take the lessons learnt from the Case Review Team and consolidate recommendations for implementation on a continuous improvement basis. A Management Team, representing all the stakeholders, will oversee the activities of each pilot project. The project will be rolled out nationally once the pilot projects are up and running.
8.3 Project governance
This project is executed under the auspices of the Integrated
Justice System User Board. The structures involved at a national
level are the IJS User Board, with the lead department being the
DOJ. The Chief Directorate: Administration of Courts and Witness
Protection is the responsible section at Head Office.
The structures involved at a provincial level, are the Provincial Secretariats for Safety and Security, Heads of Regional Offices of the DOJ, Provincial Commissioners of the SAPS, Provincial Commissioners of the DCS, the Director of Public Prosecution, the Department of Welfare, and the relevant Cluster Head/Chief Magistrate/Regional Court President.
9.
WITNESS PROTECTION
9.1 Although witness protection in South Africa is still in
its infancy, the role witness protection has played in the
successful prosecution of cases is obvious.
9.2 Successes of the programme
9.2.1 It was reported from the Western Cape that, as a result
of the Programme, convictions are now being obtained in cases
involving gangsters. Similarly, the North West Province has
reported success as a result of the Witness Protection Programme
in cases involving violence in the mines. Prosecutions in
well-known cases like the Malan, Shobashobane, De Kock and Ferdi
Barnard trials would not have been possible without the Witness
Protection Programme.
9.2.2 The number of persons under protection has increased significantly, namely from 40 to 700 during the past two and a half years. The total amount spent on witness protection during the 1998/1999 fiscal year was approximately R15 million. In comparison, the United States of America budgeted for an expenditure of $160 million to protect 46 witnesses on their programme during 1996.
9.3 Witness Protection and
Services Act, 1998 (Act 112 of 1998)
In terms of the Act, the role of the former Attorney-General
changes significantly. All decisions regarding the protection of
witnesses will in future be taken by a Director: Witness
Protection. The object of the Act is to provide for the
protection of Witnesses through the institution of Witness
Protection Programmes which will be administered by a central
office for Witness Protection.
9.4 The NCPS and Witness
Protection
A Witness Protection Programme was identified in the NCPS as a
key area which could contribute to the reduction of crime. As a
result, an amount of R2,4 million was made available to
improve the infrastructure needed to support the programme. All
of the funds allocated were used to obtained equipment such as
telephones, computers, photocopiers, fax machines, furniture for
the safe houses and vehicles.
10.
COURT MANAGEMENT
10.1 A National Steering Committee on Court Management was
formed to oversee the implementation of all plans pertaining to
court management. It has also been tasked with the drafting of a
discussion document on a single judiciary.
10.2 In addition, Judge Olivier was requested by the former Minister to head a task team which would advise him on court and case management, as well as on judicial training. This task team is expected to develop a blue print on court and case management and on judicial training in respect of both the High and lower courts.
10.3 An NCPS business plan: Court Management and Witness Management was drafted by DOJ and approved by the NCPS Directors-General Committee and the Department of State Expenditure. However, it became clear that, in order to prevent duplication of effort and costs, this business plan should be integrated with the NCPS EPIM (Enterprise Process: Information Management) business plan, drafted by the SAPS. A User Board, established in terms of a decision of the NCPS Directors-General Committee managed this integration. The outcome was that all the aspects dealing with "court management" in the Department's original plan are now being executed in terms of the EPIM business plan (since renamed the Integrated Justice System (IJS) project).
A tender was awarded to the Mulweli Consortium to, inter alia, carry out an investigation into the re-engineering of court processes. Two fast track projects - (1) the computerization of NDPP Offices and (2) the Deposit Account/Maintenance Management System are being implemented as part of the IJS-project. All that is left of the original Court Management and Witness Management Business Plan is "witness management". This part of the original plan is currently being redrafted in view of the changed circumstances. The idea is to use the allocated funds for the expansion of witness management as part of the pre-trial services project.
10.4 The new establishment of the DOJ provides for the Directorate: Court Management.
10.4.1 The functions of this Directorate are, inter alia, the following:
10.5 The following activities of this Directorate have a direct impact on court management:
10.5.1 The objective of the cluster system is to create an effective management system in order to plan, organize, provide guidance to, and exercise control over the management function to ensure an effective lower court system within each province, region, sub-region and district. The Magistrates Commission distributed the approved system, as developed by the Steering Committee, to each Chief Magistrate in control of a region in order to implement the system within his/her management area. The Chief Magistrate is responsible for the management of all the courts within his/her region. Heads of sub-regions are responsible for overhead control of all the district courts within his/her sub-region. Each head of a district is responsible for the management of courts within his/her district. The Magistrates Commission, Director-General and Chief Magistrate are responsible for outlining measures to establish newly formed areas of responsibility by way of the following:
10.5.2 The cluster system will address the following aspects of court work: training, quality control, diversity planning, discipline, evaluation, communication, community involvement, assessors, combating of crime at local levels, and case management.
10.5.3 Court rolls in the regional and district courts are monitored on a monthly basis. In all instances where court rolls are not under control, Regional Court Presidents and Heads of Clusters are requested to investigate the matter and asked to ensure that these court rolls are brought under control. If personnel shortages are experienced, the matter is brought to the attention of the Chief Director: Human Resources Development and Planning for corrective action.
10.5.4 The Department of Justice is committed to making justice accessible to all. One of the projects concentrating on this gaol is the re-demarcation of magisterial boundaries according to the new dispensation. The Minister approved the establishment of the National Steering Committee and the Regional Steering Committees to oversee the process. The Regional Steering Committees are at present consulting with all interested parties such as local government, communities, South African Police Service etc. in all the magisterial districts. A report from the Northern Cape recommends no changes to the existing boundaries, but identifies a need to create more periodical courts to make courts more accessible to the communities. Investigations in five other provinces are also near completion and it is expected that final reports will be submitted to the National Steering Committee for consideration, before the end of December 1999. In view of the newly established Municipal Demarcation Board to demarcate municipal boundaries, it has been agreed that the consultation process be extended to the Municipal Demarcation Board before redemarcation of magisterial district boundaries could be finalised. A team of consultants from the Municipal Demarcation Board will assist the Department to finalise its task.
10.6 Rationalisation of Courts
The Hoexter Commission was appointed to investigate into and
make recommendations pertaining to the rationalisation of the
structure of Superior Courts. Consequently Cabinet approved the
establishment of High Courts in each province, with the exception
of Gauteng, which will have two High Courts. However, in the
Northern Province and Mpumalanga there are no infrastructure for
High Courts. Thus funds would have to be made available to
establish fully-fledged High Courts in these two provinces. To
implement this, a Superior Court Bill has been drafted and is
expected to be introduced in Parliament in due course. The
objective of this initiative is to promote the efficient
administration of justice and thereby enhance public confidence
in the justice system.
11. VIOLENCE AGAINST WOMEN
The DOJ is actively involved in the combating of violence
against women. The following are the main activities:
11.1 Sexual Offences Guidelines
On 25 November 1996 (International Day of no Violence against
Women), the Minister and Deputy Minister launched a public
campaign on the prevention of violence against women. This falls
within the DOJ's commitment made at the United Nations Fourth
World Conference on women held in Beijing in 1995, where it was
stated that "The Department plans to take integrated
measures to prevent and eliminate violence against women and to
facilitate the prosecution of perpetrators of violence."
The campaign comprised two components, namely:
An Intersectoral Task Team, consisting of members of the Departments of Justice, Safety and Security, Health, Welfare and Correctional Services, representing officials from the different aspects of the justice process (i.e. magistrates, prosecutors, investigating officers, health workers etc), as well as representatives from the NGO sector, were involved in developing a comprehensive set of guidelines, which facilitated the development of an integrated approach across the government and NGO sectors to deal with these offences.
National Policy Guidelines for Handling Victims/Survivors of Sexual Abuse were produced under the direction of the Deputy Minister of Justice, and launched in September 1998. These guidelines for all people dealing with the victims of sexual offences are being distributed to people dealing directly with the victims. The guidelines also contain a brochure for the victims, which sets out, in simple language, the basic steps involved in the legal process. The guidelines manifest the first ever truly integrated inter-departmental approach to the problem of violence, especially sexual violence against women. The guidelines have been widely acknowledged as a model, especially within the Southern African context, and will serve as a basis for future inter-governmental co-operation. Training on the guidelines has already commenced.
11.2 Sexual Offences Courts
A pilot Sexual Offences Court was established in 1993 in
Wynberg, Cape Town. The project was evaluated by Rape Crisis and
the University of Cape Town and was estimated to have a 69%
success rate. Consequently Sexual Offences Courts have since also
been established at Pietermaritzburg, Grahamstown, Somerset West,
Mossel Bay, Soweto and Atlantis. A task team has been established
and a business plan drafted with the purpose of extending this
project to other areas. The Office of the National Director of
Public Prosecutions has promised its full support for this
endeavour. However, the successful implementation of this project
will require the full commitment of the judiciary and prosecutors
at the various centres, specialised training and the use of more
prosecutors. Special accommodation requirements, such as separate
entrances and waiting rooms, would also have to be met.
11.3 Other steps to combat violence
against women and children
11.3.1 The DOJ has embarked on a major awareness campaign to
eradicate violence against women. In this regard, various open
court days for women have taken place, to familiarise them
with court surroundings, and to illustrate that the court doors
are open to accommodate their specific needs as far as violence
against women is concerned.
11.3.2 On 10 October 1997, the DOJ took part in a men's march to indicate their opposition to violence against women.
11.3.3 Court rooms at 179 centres have been provided with specialized audio-visual equipment for the use of intermediaries and the courts during the adjudication of crimes with a sexual content. The installation of audio-visual equipment is necessary to afford court personnel the opportunity to follow the consultations between intermediaries and minors which are distanced from the court rooms. This system grants witnesses in sexual offence cases the opportunity to testify without fear of coming in direct contact with the accused.
11.3.4 The DOJ is actively involved in the drafting of an NCPS Victim Empowerment Business Plan and it is envisaged that the Department will play a leading role with regard to policy formulation, specifically in terms of: (a) compensation for victims of crime (including proposals for the administration of a South African Compensation Fund for victims of crime); (b) a South African Victim Charter; and (c) an integrated Victim Policy Framework and Model for Victim Empowerment in South Africa.
11.3.5 The Government developed a National Action Plan on Human Rights which was deposited with the United Nations on 10 December 1998. As part of the international initiative to advance gender equality and to promote and protect the rights of women, the period 25 November 1998 (International Day of No Violence Against Women) to 10 December 1998 (International Human Rights Day) was declared the "16 days of activism on No Violence Against Women and Children".
11.3.6 The DOJ celebrated the national process of protecting and promoting human rights by launching the Train Campaign: Blow the Whistle on Violence Against Women and Children in November 1998. The coach, sponsored by Spoornet, was painted with slogans on the prevention of violence against women and children in order to raise awareness countrywide. The coach was welcomed back in Johannesburg on 19 February 1999.
11.3.7 The DOJ co-ordinated the 1998 SADC Conference on the Prevention of Violence Against Women. The Conference reaffirmed the commitment of the SADC countries which had ratified the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), to implement General Recommendation No. 19 of CEDAW, which recognises that violence against women is a form of discrimination against women.
11.4 Legislation of relevance to women
11.4.1 The Maintenance Act, 1998 (Act 99 of 1998)
The Act was developed as a short-term intervention to address
shortcomings in the current legal framework regulating the
payment of maintenance, for instance by enabling the appointment
of maintenance investigators to assist maintenance officers; by
the setting out of core statutory guidelines relating to the duty
of support of parents in respect of their children; by enabling
maintenance courts to make maintenance orders in the absence of
the respondent in appropriate cases; and by extending the
circumstances in which a maintenance court can order the payment
of maintenance on behalf of respondents. The Maintenance Act,
when implemented, will make an important contribution to the
alleviation of the suffering of women, due to the fact that
domestic violence often plays a role in maintenance cases.
11.4.2 The Domestic Violence
Act, 1998 (Act 116 of 1998)
This Act constitutes a substantial broadening of the limited
scope of the 1993 Act. The new Act offers protection to any
victim of domestic violence. Any form of abuse is included in the
broadened definition of domestic violence, and not only physical
abuse. The Act places a duty on a member of the police to inform
a victim of his or her rights at the scene of the incident of
domestic violence. The Act has not yet been put into operation.
11.4.3 The Sexual Offences
Amendment Bill
The drafting of this Bill, which is on the legislative programme
of the DOJ for 1999, will provide, inter alia, for the
review of existing statutory and common law offences of a sexual
nature, as well as for the procedural aspects of sexual offences
cases.
12.
JUVENILE JUSTICE
On 16 June 1995, South Africa ratified the UN Convention on
the Rights of the Child. This international convention provides a
comprehensive framework for the protection of children's rights.
By ratifying the convention, South Africa is obliged, in terms of
article 40(3) thereof, to establish laws, procedures, authorities
and institutions specifically applicable to children in conflict
with the law.
A steering committee co-ordinated by the Deputy President's Office was established to develop a National Programme of Action (NPA) for children in order to implement the provisions of the convention. The justice sectoral working group, a sectoral working group of the NPA, was mandated to investigate the question of children in especially difficult circumstances, and more specifically children in the criminal and civil justice system.
The justice sectoral working group recommended, amongst other things, that the South African Law Commission (SALC) included an investigation into juvenile justice in its law reform programme.
The SALC established a project committee in December 1996 and completed the issue paper in May 1997, with the purpose of stimulating public debate and eliciting comment on a host of issues and proposals pertaining to the introduction of composite legislation to govern a comprehensive Juvenile Justice System of South Africa. Some of the aspects highlighted in the issue paper were:
Since the release of the issue paper, the project committee has been involved in an intensive consultation process with all stakeholders and interested parties, and has produced a discussion paper that contains preliminary recommendations and a draft bill on a proposed new child justice system. These will be discussed during 1999 and recommendations will be made to the Ministry.
The envisaged new juvenile justice system recently received a welcome shot in the arm when the United Nations Development Programme (UNDP) and the Swiss Government committed themselves to a donation of more than R3 million, in aid of an improved juvenile justice system for South Africa.
The executing agent for this project is the UN Office for Project Services, with the Centre for International Crime Prevention (CICP) as co-operating agency. The South African Government co-operating agency is the Department of Justice. The Department's Children's Unit will be co-ordinating this programme in conjunction with the UNDP. The Children's Unit will also be working closely with the South African Law Commission.
13. CO-ORDINATION AND INTEGRATION WITH
OTHER NCPS ROLE-PLAYERS
13.1 The DOJ is represented on various NCPS structures, such
as the NCPS Ministers and Directors-General Committees, the NCPS
Co-ordinating Mechanism, the User Board (managing the Integrated
Justice System Project) and the National Operational
Co-ordinating Committee.
13.2 The Department also serves on a number of NCPS Programme Committees, Task Teams or Working Groups, such as the Domestic Violence Programme Committee, the Victim Empowerment Programme Committee, the Programme Team on Awaiting Trial Prisoners and the Heads of Training Working Group.
13.3 Every effort is made to ensure internal and external co-ordination and integration of the activities of the DOJ with those of the other NCPS role-players by actively participating in all cross-cutting initiatives and structures.