Sihlalo lohlon, Ndvuna Yelitiko Letekulungiswa Kwetimilo, Mnu Sibusiso Ndebele Nelisekela lakho, Umml Ngoako Ramatlhodi, Khomishana wavelonkhe welitiko, nawe Babe Thomas Moyana, Sihlalo Welikomidi Letekulungiswa Kwetimilo, Vincent Smith, malunga lahlon, tivakashi tonkhe letetsamele lenkhulumomphikiswano, nine bekunene, letinyamatane tami tenta kutsi bantfu badideke, ngiyabona kutsi nawe Sihlalo sewudidekile.
Sihlalo, nami-ke ngitawugidza lapho bagidze khona labanye. Kulentsambama yalamuhla ngitawugcila kakhulu ekuhlehlisweni kwemacala umuntfu nakavalelwe, nome ngaloko lokwatiwa ngekutsi kuvalelwa, ngesikhatsi asengakagwetjwa avalelwe nje kuphela. Sigaba 9, 10, 12, na 35 Semtsetfosisekelo walapha eNingizimu Afrika, umtsetfo 108 wanga 1996, uvikela emalungelo alabo labasuke basevalelwe, labo labaselindzele kutsi inkantolo iphotfule emacala abo.
Sihlalo, Khongolose utawucinisekisa kutsi onkhe emalungelo aLomtsetfosisekelo welive ayagcinwa futsi ayanakekelwa. Umtsetfo lokhona Emculwini Wenkhululeko njengobe kwavunyelwana ngenyanga Yenhlaba nga 1955. Emkhatsini walokunye, Lomculu Wenkhululeko utsi bonkhe bantfu bayawulingana embikwemtsetfo. Bonkhe bantfu bayawujabulela emalungelo eluntfu ngalokulinganako. (Translation of Siswati paragraphs follows.)
[Mr V V MAGAGULA: Hon Chairperson, Minister of Correctional Services, Mr Sibusiso Ndebele and your Deputy Adv Ngaoko Ramatlhodi, National Commissioner of the Department, Mr Thomas Moyana, chairperson of the committee of Correctional Services, Vincent Smith, hon members, all guests listening to this debate, ladies and gentlemen, "letinyamatane tami" [my muthi spell] is confusing you; I can see that you are also confused, Chairperson!
I will repeat what has been said. This afternoon I will dwell much on remand cases, while the offender is in custody, or what is known as remand detention. Sections 9, 10, 12, and 35 of the Constitution of South Africa, Act 108 of 1996, protects the rights of those awaiting trial, those that the court is still busy prosecuting their cases.
The ANC will ensure that all the Constitutional rights of the country are followed and taken care of. This is the principle that is enshrined in the Freedom Charter as adopted in June 1995. Amongst other things, the Freedom Charter states that "all people will be equal before the law". All people will equally enjoy their human rights.]
The issue of remand detention is not only a challenge facing South Africa, it is a global problem. It is estimated that around the world 3,2 million people are behind bars, awaiting trial.
More often than not, many of those who are awaiting trial cannot afford bail. This means the majority of those awaiting trial are there simply because they are poor.
To me this is a form of discrimination in our criminal justice system. The Freedom Charter says that all shall be equal before the law. Justice should not be reserved only for the rich and the powerful.
At the end of March 2012, there were 79 inmates who had been in remand detention for more than five years; 169 had been in remand for between 4 to 5 years; and 1 642 had been in remand for between 2 to 3 years.
Section 35(3)(d) of our Constitution states clearly that every accused person has the right to a fair trial, which includes the right to have their trial begin and conclude without unreasonable delay.
It is a fact that the number of people on remand does not correlate with the intake of the sentenced population. This means that many people, who are on remand, will ultimately be released because their cases are withdrawn as a result of a lack of evidence, or they will be acquitted by a court of law.
Therefore, the conclusion that can be drawn from this, is that the police make unnecessary arrests and the majority of those arrested are, unfortunately, black and poor.
In the 2011-12 financial year, the police arrested more than 1,6 million people. The question that needs to be asked is where all those people are, because they surely are not in the correctional facilities. Spending time awaiting trial has the potential of destroying not only an individual's life, but also the lives of the rest of the family.
Hon Chairperson, the problems associated with remand detention are not problems caused by the Department of Correctional Services, it is a justice cluster problem, particularly the police, the National Prosecuting Authority and the courts. The Department of Correctional Services is merely at the receiving end of the justice chain. In 2006, Cabinet decided that the Department of Correctional Services should take on the responsibility of the remand-detainee system.
Chairperson, it would be an injustice if I didn't congratulate the Department of Correctional Services on their tireless efforts and the good work they are doing to address all these challenges I have mentioned today.
Firstly, as has been mentioned today, the DCS has introduced section 49G through the Correctional Matters Amendment Act, which will be operating from July 2013. This section regulates a time limit on how long remand detainees should be held awaiting trial. This is a positive step in the right direction by the Department of Correctional Services. [Applause.]
We also welcome section 48 of the Correctional Matters Amendment Act, which stipulates that every remand detainee must wear a prescribed uniform, which will distinguish him or her from sentenced offenders, for the maintenance of the security and good order in the remand detention facility.
Chairperson, let us guard against the forces of doom, which want to come to claim an easy victory in the struggle and liberation of our people. The ANC is the only organisation that has been tried and tested and is the vanguard of our people's interest. [Applause.] It is the only organisation that truly understands the suffering of African people. [Applause.]
Chairperson, a rotten egg is a rotten egg, no matter what we do about it. Whether you fry it or whether you boil it, it is still a rotten egg. [Laughter.] Whether it is well done or half done, it is still a rotten egg. [Laughter.]
Chairperson, let me take this opportunity to thank the executive of the Department of Correctional Services, in particular, the Minister, Deputy Minister and the National Commissioner and his team, for their leadership excellence in carrying forward the mandate of the ANC, and ensuring a better life for all and that all people in South Africa are protected and feel safe. [Interjections.]
The ANC supports the Budget Vote. [Time expired.] [Applause.]