I am told that Ms Mabe is standing in for Mr Mazosiwe.
Chair, this question is related to the one we were dealing with earlier on, and the response here is: With the launch of the rural safety strategy, additional resources have been identified for deployment in these areas, in particular the deployment of appropriate vehicles that will address the rural terrain as well as the use of helicopters in serious crime incidents. You would remember, hon member, that during the 2010 Fifa World Cup there were a number of resources we secured for that particular tournament. Those resources are in the hands of the police to use as an arsenal in the fight against crime.
In addition, as part of the implementation of the rural safety strategy, the gap analysis to determine specific resources needed in rural areas will be conducted in an effort to address shortages and possible redistribution. This analysis will also aim at addressing the needs of all vulnerable sectors of rural communities, including women, children, youth, the elderly and people with disabilities. Thank you.
Hon Mabe, do you have a follow-up question?
Chairperson, no, thank you. I am satisfied.
Chairperson, let me speak through you to the hon Minister. Indeed the rural safety issue is a rural issue as opposed to a farming issue, and ... ngisuka khona nami [I am from there too].
Rural people lose more cattle than commercial farmers do, and that's really an issue that needs serious attention. I am getting to a question, hon Chair. Many times rural people say to me hayi ngeke ngisimose isikhathi sami, amaphoyisa awafiki, awenzi lutho [no, I am not going to waste my time; the police do not come, and they do nothing].
Now, let's get back to the issue of trust. What kind of direct action, other than meetings and committees, is happening in rural communities to build trust and to ensure that, when an incident occurs, there is quick and good reaction and the cattle are recovered and returned to their owners to restore that trust, particularly amongst the rural people? It's easy for commercial farmers, because they've got vehicles, radios and all sorts of other things that they can use to assist themselves to recover their cattle. But poor rural people who bank on their cattle don't have those resources and, so often, when we ask them why they don't use the SAPS, they have a simple - reason - that they have no trust in them. Asibathembi. [They have no trust in them.]
Kufanele ubatshele ukuthi abawathembe amaphoyisa, njengoba usho nje uthi bathi abawathembi. [You must tell them to trust the police, as you are saying that they say they do not trust them.]
The challenge of response time may not be confined to rural areas only because even people in the urban areas would tell you about some of those things. That is why it was important for us that you concentrate on this area, and have a focused unit dealing with these issues. You would remember that, a year or two ago, you never had such a unit to concentrate on those, because part of what has been happening of late is that tasks may take time because of many other things. One of those would be how people still view the police as an instrument used to oppress them. We are changing that in the community. It would need a lot of work and dedication, and that is why our work is not only on specific units but also the cadre of cops who will be dedicated.
Obviously, you have your rural areas, unlike your townships and other urban areas, where the police stations were built in such a way that the police react quickly. Part of the task of this government is to ensure that even structured resources like police stations are built in these rural areas. Hon member, in terms of the strategic plan of the department, we want to ensure that, within five years, we have at least 100 more police stations. The directive is very clear - the bias has to be on rural areas, because of what we are talking about. Sometimes it is not because police are not responding, because I also come from a rural area.
Ngisuka khona, njengoba kade ubeka nawe. [I also come from there, as you have mentioned.] So, I know the challenge of the vastness of the area sometimes. When you get to the police station there is no assistance because perhaps the police are attending to another part of the very same constituency. It is a challenge and something that we are working on with the resources we have. The argument has been, even during the World Cup, that now that we have secured all these things, let these resources work to ensure that we confront crime and deal with it head-on, particularly in those areas.
Interventions to deal with case backlogs and management of awaiting-trial detainees in correctional facilities
13. Ms N D Ntwanambi (ANC) asked the Minister of Justice and Constitutional Development:
(1) Whether his department has initiated any processes and/or mechanisms to eradicate the backlog at courts, particularly at district and regional magistrate level; if not, what is the position in this regard; if so, what are the relevant details;
(2) whether such mechanisms include any mechanisms to manage the problem of awaiting-trial detainees in correctional centres; if not, why not; if so, what is the level of interaction between his department and the Department of Correctional Services in this regard? CO114E
Chairperson, firstly, I have pleasure in informing the hon member that the Justice, Crime Prevention and Security, JCPS, cluster departments have introduced various interventions to deal with case backlogs. In this regard, a specific case backlog reduction project intervention was implemented in November of 2006, with the regional courts as the main focus area. Backlog cases are viewed as all those cases longer than six months on a district court roll, nine months on a regional court roll and 12 months on a High Court roll.
The case backlog reduction intervention assists regional and district court centres to identify priority areas countrywide that require focused attention with additional capacity. The project's aim is to ensure that the inflow of the number of new cases is balanced by the number of matters concluded, and that matters are finalised more speedily. This intervention has led to the establishment of more than 50 additional regional backlog courts, through the appointment of additional regional court magistrates, clerks, prosecutors, interpreters and Legal Aid lawyers on contract.
The number has fluctuated since then as courts are closed or shifted to other areas once the backlog has been dealt with in a particular area.
After an investigation into the performance of district courts, several high-priority district courts were also established since April 2010. At the end of December 2010, there were 56 regional and 18 district backlog courts. The total number of cases disposed by these additional regional and district backlog courts since 1 November 2006 until the end of December 2010 is 32 650 cases. The case backlog reduction project will continue in the 2011-12 financial year, with 84 additional backlog courts - 60 in the regional courts and 24 in the district courts.
The project's deliverables have been integrated into the outputs of the delivery agreement of the JCPS cluster relating to Outcome 3, namely that "all people in South Africa are and feel safe".
Secondly, with regard to the management of the awaiting-trial detainees in correctional facilities, the hon member should note that there's constant interaction between the JCPS departments to help reduce the number of awaiting-trial detainees, and various interventions have been initiated in this regard.
An intersectoral management of remanded detainees task team comprising representatives from the JCPS cluster departments at a very senior level was also established in 2010 to fast-track initiatives regarding the improvement of the situation of awaiting-trial detainees.
The Department of Correctional Services has been requested to provide lists of persons in detention with long-outstanding cases, on a monthly basis, to the Department of Justice and Constitutional Development, Legal Aid South Africa and the National Prosecuting Authority, NPA. These cases are then investigated and, wherever possible, fast-tracked for speedy finalisation.
The White Paper on awaiting-trial detainees, which focuses on remand, detention and rehabilitation of offenders, has been finalised and was approved by Cabinet on 27 October 2010. Cabinet has also approved the Correctional Matters Amendment Bill, which will provide for a legislative basis for improved management of remand detention as envisaged in the White Paper. This will assist in addressing overcrowding in Correctional Services facilities.
Through the interventions of the JCPS cluster in relation to reducing overcrowding in Correctional Services facilities, we managed to reduce the number of awaiting-trial detainees from 49 868 at the end of February 2009 to 46 362 at the end of the third quarter of 2010.
Positive results have also been achieved regarding the reduction of the number of children in Correctional Services facilities. At the end of December 2010, there were only 290 awaiting-trial children in the various Correctional Services facilities countrywide. Thank you.
Chairperson, is the Minister aware that there are people awaiting trial in some of the prisons who have been sitting there for more than five years? What is the Minister doing to address that problem?
Chairperson, we are aware of the fact that there are many awaiting-trial detainees in our correctional facilities that have been there for substantial periods of time. That's a matter of great concern. That is exactly why we have embarked on the steps that I've just referred to - to clear those case backlogs to make sure that we manage the issue of awaiting-trial detainees much more efficiently.
It would be very difficult though for me to answer a general question here. Each one of those cases would, of course, have their own specifics. In some cases it's the question of the system itself that is leading to those situations. In other cases those situations arise through the making of the detainees themselves. Thank you very much.
Hon Chair, it is good to see that the migration has now moved from Mpumalanga to the highest seat in the House. We congratulate you on that. However, through you to the Deputy Minister, the situation with the awaiting-trial prisoners is indeed a very serious one. The White Paper has now been approved and we are hoping that's going to help. However, have the budget implications of the White Paper been assessed? Has the National Treasury indicated that any additional funds that may be required to implement it will be made available in the next financial year?
Chairperson, as the hon member would have seen from the response and also the response by the Minister of Correctional Services, the JCPS cluster is a cluster that works together very very closely. The member would have also noticed the substantial overlap in our responses. However, that is a question that involves quite a bit of detail. I think it would actually be more proper if directed at the Minister of Correctional Services, but we will certainly be able to assist the member with any relevant details afterwards. Thank you.
Chairperson, thank you. Hon Deputy Minister, the Legal Aid Board has released 65% of cases that have been withdrawn because of lack of evidence, and this is a concern for all South Africans. Doesn't the Minister think that it's time now for us to have a strategic plan in place to deal with these issues? Thank you.
Chairperson, could I maybe, through you, just ask the hon member to clarify her question. She refers to 65% of cases being withdrawn by the Legal Aid Board because of lack of evidence. My understanding is that the Legal Aid Board, or Legal Aid South Africa as it is now known, provides legal representation in criminal matters. It would be up to the National Prosecuting Authority to withdraw any cases. Could I perhaps have some clarity? Thank you.
Deputy Minister, I am referring to the statistics that I've read in the papers that are given by the Legal Aid Board. It says it comes from the Legal Aid Board.
Hon Deputy Minister, does that clarify matters or would you rather respond in writing?
I think better so. It might be that that information is contained in a report of Legal Aid South Africa, in which case it might be useful to have a look at what exactly is being referred to. But, as I said, it's not for Legal Aid South Africa to withdraw cases; that's the province of the National Prosecuting Authority. Thank you.
Hon Chairperson, the Deputy Minister is indicating to the Council that there is a reduction in awaiting-trial detainees regarding children. I would like you to share with us to what we attribute that reduction. Is it because of the effective working of the Child Justice Act of 2008 and being well supported by the Children's Act over and above what you shared with us in the main answer that you gave? Thanks.
Chairperson, no indeed. The prime reason for that substantial and very welcome reduction in the number of children in our correctional facilities can be ascribed directly to the fact that the Child Justice Act and the Children's Act entered into operation last year. I think also, very significantly, that the departments within the JCPS cluster - Police, Justice, prosecution, Correctional Services and Social Development - were all able to work together very effectively. This was to ensure that regulations were drawn up and put in place, and that the necessary structures were there to make sure that these Acts are effectively implemented. Thanks.
Hon members whose hands are raised, only four supplementary questions are allowed per question. Hon Bloem, you were one of the four.
Shortage of police officers and other support staff at Witpoort and Villa Nora police stations in Limpopo and visits by Minister to assess situation
15. Mr M H Mokgobi (ANC) asked the Minister of Police:
(1) Whether he has been informed of the shortage of police officers and other support staff at the (a) Witpoort and (b) Villa Nora police stations in Limpopo; if not, what is the position in this regard; if so, (i) what mechanisms are being put in place to address this problem and (ii) how long will it take to be addressed;
(2) whether he will visit such police stations to assess the situation; if not, why not; if so, what are the relevant details?