DoJ&CD, DCS & OCJ Budget: Committee Reports

Meeting report

The Chairperson welcomed members, noting that the meeting’s purpose was the adoption of the Committee reports on the Budget Votes undertaken as part of the passage of the Adjustments Budget.

Committee Report on Budget Vote 25 (Department of Justice and Constitutional Development)
The Chairperson tabled the Committee for consideration and invited Members to give input.

Adv G Breytenbach (DA) proposed a grammatical correction on page 12.

Ms W Newhoudt-Druchen (ANC) proposed a grammatical correction on page 15.

The Chairperson proposed a word change on page 15.

Adv S Swart (ACDP) proposed strengthening the content of paragraph 5.9 in support of the Asset Forfeiture Unit.

The report was moved, as amended, by Ms J Mofokeng (ANC), seconded by Ms Newhoudt-Druchen. The EFF objected to the report and the DA and ACDP reserved their positions.

Committee Report on Budget Vote 22 (Department of Correctional Services)
The Chairperson tabled the Committee for consideration and invited Members to give input.

Mr J Selfe (DA) proposed a grammatical corrections on pages 2 and 4. Substantively, he proposed using actual dates rather than “to date” given a lack of clarity.

Adv Swart similarly proposed using specific dates rather than unclear time indicators.

Dr M Ndlozi (EFF) noted a clerical error on page 7.

Ms N Maseko-Jele (ANC) moved the report as amended, seconded by Ms Mofokeng. The DA and ACDP reserved their positions, and the EFF objected.

Committee Report on Budget Vote 27 (Office of the Chief Justice)
The Chairperson tabled the Committee for consideration and invited Members to give input.

Adv Swart noted the need to strengthen the wording of the Committee’s concerns over the difficulties in procurement of PPE for judges and officials.

Dr Ndlozi stated a need to insist that there be a proper breakdown in relation to the procurement of PPE from the entities of the Department of Justice and Correctional Services. He noted incidences of misappropriation and corruption in the procurement of PPE in South Africa as a whole. He also proposed the inclusion of a paragraph addressing the issue of Gender-Based Violence, including addressing the re-training of judges in these cases.

The Chairperson agreed with Dr Ndlozi that a breakdown of PPE procurement should be included in all reports adopted by the Committee.

Mr W Horn (DA) noted it would be unfair to include this breakdown in the OCJ and DoJ budgets given this issue was not raised by the Committee in its meetings with either of these entities. He was, however, in support of including this in the Committee’s future agenda.

Mr R Dyantyi (ANC) agreed with Mr Horn that new issues could not be included in reports but that the future agenda should include PPE procurement breakdowns.

Dr Ndlozi disagreed and stated the logic of the members’ arguments was flawed. He proposed that it would be sad for Parliament not to be able to state its own opinion freely. He did not see a need for Parliament’s engagements to be made on the terms of the entities concerned. He proposed that the Committee should be free to be include whatever it saw fit in the report.

Mr Dyantyi thought it was unfair of Dr Ndlozi to misrepresent the opinions of the other members. The report adopted by the Committee was meant to be a reflection of the meeting that was had with the entities. He did not think this constituted a limitation on Parliament’s freedom or independence.

Mr Horn argued that the report did not need to include all issues that the Committee had on its mind, but rather that the report should reflect the interaction with the concerned entity. He agreed with Dr Ndlozi that Parliament should be free to state its opinion as it saw fit – but submitted that the budget vote report was not an appropriate place to do so. 

The Chairperson submitted that the Committee should take the majority view and not include the procurement issue in the other reports.

Adv Swart proposed the Committee should clarify its concern in the report that the OCJ could not properly procure PPE given the risk profile of judges and officials. He thought this issue should be included on the agenda for the Committee in future. Members agreed to this.

The Chairperson proposed including, as per Dr Ndlozi’s request, a paragraph on GBV.

The report was moved by Mr Dyantyi, seconded by Ms Newhoudt-Druchen. Reservations were stated by the DA and ACDP.

The meeting was adjourned.