Hon Chairperson, hon Deputy President, the purpose of this report is to resolve or correct an anomaly with regard to the Kudumane Magisterial District in relation to access to justice for the people of the Kudumane Magisterial District amongst other things. Here follows a brief profile of the Kudumane Magisterial District. Mindful of transport costs, the distance between the Magisterial District of Kudumane and Mahikeng is estimated at 301 kilometres. This translates into an estimated 3 hours' drive by motor vehicle, whereas the distance between Kudumane and Kimberley is estimated at 237 kilometres, which translates into two hours and 15 minutes by car.
The alignment of justice service delivery points with the municipal and provincial is with a view to ensuring that there is an integration of services across all spectrums. It is important that the Justice, Crime Prevention and Security Cluster, the South African Police Service, Correctional Services and the courts operate within the same boundaries and that their services are supported by services of aligned departments such as Social Development, Home Affairs and Public Works to the extent that this is practical.
When the laws of more than one province are administered in other provinces, that results in the fragmentation of services. In this regard, it is worth noting that Bothitho, Bahlaro and Mothibestad Police Stations, which serve the Magisterial District of Kudumane and surrounding areas, all fall within the province of the Northern Cape and under the provincial police administration of the same province.
By virtue of the fact that the High Court in Mahikeng still exercises jurisdiction over the Kudumane Magisterial District, it is required of these police stations to transport dockets, accused persons and witnesses to a court outside their province of operation. Enforcement of traffic infringements across provincial boundaries results in challenges for law enforcement officers and road users alike. The power to institute and conduct prosecutions in respect of the High Court for the Magisterial District of Kudumane vests in the Director of Public Prosecutions in the North West province.
On the other hand, the criminal jurisdiction in respect of the Regional Court lies with the Northern Cape Provincial Court, which is an undesirable anomaly. The Director of Public Prosecutions is required to shuttle between two provinces in respect of matters that fall under the jurisdiction of a High Court. For purposes of prosecution, the Director of Public Prosecutions of the Northern Cape must enforce the laws of a different province, namely the North West. An example of this arrangement is the Liquor Act, which applies only in respect of the North West province.
Chairperson, extensive consultative workshops with all affected stakeholders and communities were conducted. In this regard, it is found that these communities will benefit as the travel time and cost associated therewith between Kudumane and Kimberley is reduced compared to that of Mahikeng.
How, then, do we address or remedy the situation? It is necessary that the following rationalisation be effected: Firstly, excise the district of Kudumane from the North West High Court in Mahikeng and annex it to the area of jurisdiction of the Northern Cape High Court in Kimberley. Secondly, alter these areas of jurisdiction of the Northern Cape and the North West Regional Divisions by excising the Magisterial District of Kudumane from the North West Regional Division and annexing it into the Northern Cape Regional Division.
Therefore, we ask this House to approve this report so that these changes can be effected. I thank you. [Applause.]
There was no debate.
House Chairperson, I move on behalf of the Chief Whip of the Majority Party:
That the Report be adopted.
Agreed to.
Report accordingly adopted.