2021-w1960 - 21 October 2021

Naledi Nokukhanya Chirwa to ask the Minister of Justice and Correctional Services

(a)(i) What is the current backlog in maintenance court cases yet to be resolved by his department and (ii) how far back do they date and (b) how does his department intend on resolving the crisis of backlogs with regard to maintenance court cases?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

  1. Prior to responding to the abovementioned question by Ms N.N. Chirwa, it is important to provide the definition of Backlog maintenance court cases in the Department of Justice and Constitutional Development.
  2. Backlog maintenance court cases means all maintenance cases finalized after 90 days from the date of proper service of process. This definition was developed due to the fact that the Department is alive ...
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2021-w1797 - 21 October 2021

Christian Themba Msimang to ask the Minister of Justice and Correctional Services

Following the announcement by his department earlier in the year regarding the action plan to trace maintenance defaulters and potentially ease dependency on social grants (details furnished), what are the relevant details of the progress that has been made with the specified plan; (2) What obstacles has his department encountered in carrying out the plan?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

1. The Department has conducted an investigation into the trend of the maintenance defaulters and found that most defaulters do not want to be found so as to avoid the maintenance inquiry processes and further that when they are found they conceal their means or distort the extent thereof so as to appear indigent and become exonerated from the liability to pay maintenance.

The ...

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2021-w1796 - 21 October 2021

Christian Themba Msimang to ask the Minister of Justice and Correctional Services

(a) What total number of maintenance defaulting cases is his department currently dealing with and (b) how has he found this number to have been affected by the COVID-19 pandemic to date?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

In answering the above question, it is important to first understand the concept of “maintenance defaulter” in its correct perspective. A Maintenance Defaulter is a person against whom a maintenance court order has been issued but who fails to comply in full or in part with the said order for a period exceeding 10 days from the date of the issuing of the said ...

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2021-w1789 - 21 October 2021

Petrus Johannes Groenewald to ask the Minister of Justice and Correctional Services

Whether, with reference to his reply to question 1044 on 29 June 2021, the KwaZulu-Natal Regional Court President was subjected to a disciplinary hearing in KwaZulu-Natal in 2018; if not, why not; if so, what were the findings; (2) whether he will make a statement on the matter?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

The Magistrates Commission was ready to proceed with the disciplinary matter since the previous response after it had already appointed two Officers to Lead Evidence (OLE). In the process in getting the OLEs to be trial ready one of the OLE, Regional Magistrate Johannesburg, indicated that he will be leaving the Judiciary to go on pension during 2022 and the matter will not be ...

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2021-w1928 - 21 October 2021

Mogamad Ganief Ebrahim Hendricks to ask the Minister of Justice and Correctional Services

With reference to the judgment by the Supreme Court of Appeal for the Government to recognise Muslim marriages which were supposed to have been enforced in December 2021 and his department’s failure to deal with Constitutional Court matters within its timeline and adhere to instructions by the Speaker of Parliament that such matters be dealt with within six months, what has he found to be the reasons that no progress has been made on the specified matter?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

1. On 18 December 2020 the Supreme Court of Appeal made the following orders in the matter of President of the RSA and Another v Women’s Legal Centre Trust and Others 612/19) [2020] ZASCA 177; [2021] 1 All SA 802 (SCA); 2021 (2) SA 381:

1.1 The Marriage Act 25 of 1961 (the Marriage Act) and the Divorce Act 70 of 1979 (the Divorce ...

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2021-w1927 - 21 October 2021

Mogamad Ganief Ebrahim Hendricks to ask the Minister of Justice and Correctional Services

Whether he will request the President of the Republic of South Africa, Mr M C Ramaphosa, to provide the Former President, Mr J G Zuma with a pardon; if not, what is the position in this regard; if so, what are the relevant details?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

Applications for pardon are considered on an individual basis based on the application made by the applicant or his/her legal representative. No application for pardon was received in respect of Mr Zuma’s conviction for the Minister’s consideration and recommendation.

My Department plays a supporting role in receiving pardon applications and processing the documents for the consideration of the President. The preparatory steps to be ...

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2021-w1787 - 21 October 2021

Liezl Linda van der Merwe to ask the Minister of Justice and Correctional Services

What progress has the Government made in its endeavours to secure the extradition of the Bushiris to the Republic?

Reply from the Minister of Justice and Correctional Services on 21 Oct 2021

During November 2020, a request was received from the National Director of Public Prosecutions (NDPP) for the extradition of Shepherd Huxley Bushiri and Mary Bushiri from the Republic of Malawi to the Republic of South Africa to stand trial on various charges. The request was subsequently delivered at the office of the Attorney-General in Malawi on 5 December 2020. The extradition hearing proceeded in ...

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2021-w2273 - 14 October 2021

Qubudile Richard Dyantyi to ask the Minister of Justice and Correctional Services

What (a) total number of applications by persons who are entitled to monies from the Guardian Fund in the Master’s Offices are received each week and (b) is the provincial breakdown of such applications; 2) What total number of litigation cases have been lodged against the Master’s Offices; 3) What is the quantified total amount that should have been distributed to families and individuals, but are still in the accounts of the Master’s Offices; 4) Whether any consequence management action has been taken against any personnel; if not, why not; if so, what are the relevant details; 5) How does he intend to turn things around?

Reply from the Minister of Justice and Correctional Services on 14 Oct 2021

1. All applications received by the Guardian’s Fund is captured on the Application Tracker System by each office. However, the Department of Justice and Constitutional Development’s Information Technology Systems are currently down, hence the inability to extract and provide such information at this stage.

2. Though various litigation cases are served on the Master annually, they are not necessarily lodged against the Master, as ...

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2021-w2272 - 14 October 2021

Qubudile Richard Dyantyi to ask the Minister of Justice and Correctional Services

What (a) total number (i) of applications for claims to estates were registered with the Master’s Offices during the period 1 April 2020 to 30 April 2021 and (ii) of the specified applications were (aa) successfully or (bb) unsuccessfully attended to, (b) was the overall quantified amount during the specified period and (c) was the breakdown of the applications in each province; 2) How long does it take before an applicant receives an acknowledgement?

Reply from the Minister of Justice and Correctional Services on 14 Oct 2021

1. In terms of sections 29 and 31 of the Administration of Estates Act 66 of 1965, all claims against Deceased Estates must be lodged with the appointed executor, and not the Master.

In terms of sections 32 and 33 of the Act, the Executor can dispute or accept these claims against the estate and any party aggrieved by such decision of the executor ...

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2021-w1667 - 03 September 2021

Andrew Grant Whitfield to ask the Minister of Justice and Correctional Services

What is the total number of convicted schedule 08 offenders that have been (a) imprisoned at and (b) released from facilities of his department in the (i) 2016-17, (ii) 2017-18, (iii) 2018-19, (iv) 2019-20 and (v) 2020-21 financial years?

Reply from the Minister of Justice and Correctional Services on 3 Sep 2021

a) Imprisoned

REGIONS (In prison Schedule 08 offenders)

Imprisoned

2016/17

Imprisoned

2017/18

Imprisoned

2018/19

Imprisoned

2019/20

Imprisoned

2020/2

Grand Total

RC EASTERN CAPE

18 955

18 588

17 663

17 074

14 090

22 821

RC GAUTENG

32 978

32 373

31 600

29 944

23 309

41 462

RC KWAZULU-NATAL

26 663

26 038

25 094

23 563

18 894

32 366 ...

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