Chairperson, the question relates to the expunging of criminal records. The expungement of a criminal record refers to a process whereby an ex-offender obtains a clearance certificate from the Criminal Records Centre of the SA Police Service. This certificate will show that the period of 10 years has passed after the conviction, and it must be attached to an application form.
The ex-offender will submit an application to the Director-General of the Department of Justice and Constitutional Development to determine whether his or her application meets the requirements set out in section 27 of the Criminal Procedure Act. If the application meets the requirement, a certificate is issued to the head of the Criminal Record Centre for execution.
The Department of Correctional Services does not have jurisdiction over the expungement of the criminal records of ex-offenders. The Department of Justice and Constitutional Development is the custodian of this area of work. Therefore, the competency of the expunging of criminal records lies with that department. Thank you.
NK W NGWENYA: Ngiyabonga Ngqongqoshe impendulo yakho kepha kubalulekile ukuthi kubuye kubukwe nokuthi nhloboni yobugebengu obenziwe yilabo abasulelwe amacala uma uMnyango ubheka udaba lokwesulwa kwamacala. Isibonelo nje, umuntu ontshontshe isicathulo sama-R50, yicala; umuntu obulele, yicala; umuntu nje ontshontshe uswidi we-R1, yicala. Ngiyabonga.
UNGQONGQOSHE WEZOKUHLUNYELELISWA KWEZIMILO: Ngiyabonga kakhulu lungu elihloniphekile. Yebo, kuyabukwa ukuthi umuntu wenzeni njengoba kuyaye kuphele iminyaka eyishumi emva kokuthi umuntu eseqede isigwebo sakhe ukuze avunyelwe ukuthi afake isicelo sokwesulwa kwerekhodi lakhe. Uma esenza isicelo esithile sekuthiwa: unalo yini irekhodi lobugebengu noma wake waboshwa, wavalelwa na? Kufuneka akwazi ukuphendula athi: cha, ngoba alisasebenzi lelo rekhodi.
Kuyaye kubukwe ukuthi wawenzeni kwasekuqaleni, ingabe kwakuwukuntshontsha nje okungatheni, bese kuba khona amacala anzima njengokudlwengula, ukubulala njll. Lapho-ke umuntu onjengalowo kufanele irekhodi lihlale likhona kuthi noma wenzani kodwa libe khona irekhodi eliwubufakazi bokuthi likhona igazi lika-Abela. (Translation of isiZulu paragraphs follows.)
[Ms W NGWENYA: Thank you for your response, Minister. An important point that the department should consider, though, is what types of crimes were committed when considering applications for expungement. For instance, when you compare someone who has stolen a pair of shoes worth R50 with someone who has murdered someone and someone who has stolen a sweet which costs R1, you know that each one of them has committed a crime, but they all differ in their degrees of seriousness. Thank you.