(1) Whether, with reference to his reply to question 226 on 15 March 2024, and in particular, subsection (1), he has established the reasons that the National Prosecuting Authority (NPA) failed to prosecute the cases referred for prosecution by the Truth and Reconciliation Commission (TRC); if not, why not; if so, what are the relevant details;
(2) whether he requested the President of the Republic, Mr M C Ramaphosa, to establish a commission of inquiry, as recommended by the Ntsebeza report, which refers to the establishment of an independent commission of inquiry under either section 84(2)(f) of the Constitution of the Republic of South Africa, 1996, or the Commissions Act, Act 8 of 1947, to investigate the extent of, and rationale behind, the political interference with the NPA during the period 2003 until 2017; if not, why not; if so, what are the relevant details;
(3) whether the alleged political interference with the NPA, referred to in the Rodrigues judgment and the Ntsebeza report, has been referred to the SA Police Service (SAPS) and/or the Directorate for Priority Crime Investigation (DPCI) for investigation, in order for a determination to be made under section 41(1) of the National Prosecuting Authority (NPA) Act, Act 32 of 1998; if not, why not; if so, what are the relevant details;
(4) whether, if the alleged political interference in the decision to prosecute TRC cases had not been referred to the SAPS and/or DPCI for investigation, the NPA has been able to determine if there has been a violation of sections 32(1)(b) read together with 41(1) of the NPA Act; if not, why not; if so, (a) has there been a decision to prosecute and (b) what are the relevant details? NW991E
1. The National Prosecuting Authority (NPA) did not fail to prosecute cases emanating from the Truth and Reconciliation Commission (TRC). In fact, a total of nine Priority Crimes Litigation Unit (PCLU) prosecutions were noted between 2003 and 2017. An additional six seminal TRC cases were subsequently enrolled by the NPA.
2. The decision to appoint Adv Ntsebeza, Senior Counsel was taken by the NPA ...
What total number of case dockets presented for criminal prosecution from 1 June 2019 to date have (a) not been enrolled (b) been struck off the roll (c) had charges withdrawn (d) prosecution stopped and (e) section 174 applications brought and succeeded due to the (i) inefficiencies of the members of the SA Police Service (SAPS), which includes, but is not limited to dockets not in court, lost or stolen dockets, investigations being incomplete, forensic reports outstanding, accused not brought to court and witnesses not subpoenaed, (ii) mishandling of the case by the members of the SAPS, (iii) contamination of evidence and (iv) incompetence?
Case dockets presented for criminal prosecution to the National Prosecuting Authority are screened before enrolment. In accordance with the Directives in Part 4 of the NPA Policy Directives, a case must only be placed on the roll if there is evidence under oath or affirmation that establishes the elements of an offence and links the identified suspect to it. The National Prosecuting Authority does ...
What (a) are the reasons for the delay in gazetting the Code of Conduct for Legal Practitioners, (b) steps has he taken to (i) expedite the gazetting process and (ii) ensure its timely implementation and (c) measures have been put in place to mitigate the effects of the delay on the transformation of the legal profession?
The Code of Conduct for Legal Practitioners referred to by the Honorable Member has been published by the Legal Practice Council on the 29 March 2019 (Government Gazette No 42364 of 29 March 2019) and is available on the website (www.lpc.org.za) of the Legal Practice Council.
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(1)With reference to the Special Investigating Unit (SIU) investigation into the breach of procurement processes for personal protective equipment (PPE) in his department, what (a) additional oversight mechanisms are being considered and/or implemented to strengthen his department’s procurement processes and (b) measures has his department put in place to ensure transparency, fairness and competitiveness in future procurement processes;
(2) What is the current status of the recovery efforts for the funds lost due to the unauthorised, irregular, fruitless and wasteful expenditure identified by the SIU in its investigation into the non-compliance with procurement processes for the PPE;
(3) What steps has his department taken to (a) address the systemic issues that allowed such a significant breach of procurement policies and (b) prevent a recurrence of such events?
(1)(a) Department of Correctional Services (DCS) developed a departmental control committee to ensure that procurement to the value of R1 million is approved by the committee. The terms of reference are to ensure daily oversight on procurement transactions, with focus on procurement wherein bidding processes are not followed.
(1)(b) DCS reports all procurement processes through National Treasury and furthermore the procurement manual including delegation ...
(1)What were the offences committed by each of the 16 472 inmates who were released from prison in terms of the special remission programme;
(2) whether the inmates who have reoffended will be required to continue serving their original sentence as a result of (a) being arrested, (b) charged and (c) found guilty of another offence; if not, why not; if so, what are the relevant details?
1. Information on crimes committed by each offender released in terms of the special remission programme is attached as Annexure 1, it should however be noted that subsequent to verification a total of 16 074 offenders were released and not 16 472 as stated in question.
(2)(a) A total of 13 504 offenders were unconditionally released as they had reached their sentence expiry date upon ...
(1) What is the (a) total number of prosecutors from the National Prosecuting Authority who work on the cases of the National Lottery Commission (NLC) and (b) time period that the same prosecutors have been allocated to the NLC cases.
(2) what (a) total number of cases (i) have been handed to each prosecutor, (ii) has each prosecutor decided to prosecute and (iii) that have been prosecuted have been finalised with an outcome and (b) were the outcomes in each case?
I have received the following response from the National Prosecuting Authority:
1. (a) Initially one prosecutor was allocated the matters. An additional prosecutor was subsequently tasked to assist, as the workload increased. Prosecutorial resources are reviewed regularly to manage the increasing workload.
(b) The cases involving the NLC were assigned to the initial prosecutor in the latter part of 2020.
2. (a)There are a ...
(1) What progress has been made in turning around and addressing the challenges at the offices of the Master of the High Court to date;
(2) what is the progress regarding the piloting of the online registration system?
On 24 November 2024, the Master of the High Court committed to implementing immediate/short-term interventions as part of the Master’s turn-around strategy. The progress and the implementation thereof is reported as follows:
a) Intervention 1: The roll-out of the Deceased Estates Online system nationally by January 2024.
b) This intervention is assisting the Masters in addressing challenges of long queues, long turn-around times in ...
(1) What (a) is the name of the National Prosecuting Authority prosecutor who was given a National Lottery Commission dossier in 2020 containing details of four grants that were given to questionable nonprofit organisations, (b) total number of the four cases did the prosecutor decide to prosecute and (c) were the outcomes of the prosecutions.
(2) whether there was a decision not to prosecute; if not, what is the position in this regard; if so, what are the relevant detailed reasons (a) for which such a decision was made, (b) that there has been no outcome of the prosecution and (c) for such a delay?
I have received the following response from the National Prosecuting Authority:
1 (a) It is confirmed that experienced prosecutors are assigned to manage all cases emanating from the National Lottery Commission. As a matter of policy, the NPA does not divulge the name of prosecutors assigned to cases, particularly during the investigation stage.
(b) There are 11 NLC - SIU referrals that are being ...
(1) What (a) is the total number of chickens that died before being sent to the abattoir during the week of 26 February 2024 to 1 March 2024 at the animal production farm of the Drankenstein Correctional Facility, (b) are the detailed reasons leading to the death of the chickens and (c) is the (i) total number of people currently employed in the abattoirs and (ii) breakdown of the number of persons who have the knowledge and experience with meat inspection;
(2) whether his department procured the services of a private company to do meat inspections; if not, why not; if so, (a) what total amount did it cost his department and (b) on what date did his department procure the services;
(3) what does it cost to feed a chicken from day-old to slaughter at the animal production farm of the Drankenstein Correctional Facility?
(1)(a) According to the service level standards, chickens may be slaughtered from forty-two (42) days of which none of the chickens that died during the mentioned period had reached 42 days. It should be noted however that a total of five thousand seven hundred and sixty nine (5769) chickens twenty-eights (28) days old, died during the week of 26 February 2024 to 1 March ...
What (a) progress has been made with the implementation of the Master’s Turnaround Strategy since its adoption in 2023 and (b) are the relevant details of the backlog faced by the Master’s Offices as at 31 December 2023?
On 24 November 2024, the Master of the High Court committed to implementing immediate/short-term interventions as part of the Master’s turn-around strategy. The progress and the implementation thereof is reported as follows:
a) Intervention 1: The roll-out of the Deceased Estates Online system nationally by January 2024.
This intervention is assisting the Masters in addressing challenges of long queues, long turn-around times in issuing ...
