NATIONAL ASSEMBLY
QUESTION FOR WRITTEN REPLY
PARLIAMENTARY QUESTION NO.: 3126
DATE OF QUESTION: 21 AUGUST 2015
DATE OF REPLY: 4 SEPTEMBER 2015
3126. Mr G R Davis (DA) to ask the Minister of Justice and Correctional
Services:
(1) Whether a certain person (name furnished) was found guilty and
convicted of driving under the influence of alcohol in 1994 and was also
found guilty and convicted of culpable homicide in 1998; if so, (a) what
are the specific details of the offences that the specified person was
convicted of, (b) which courts handed down such conviction and (c) what
sentences were handed down;
(2) Was the specified person incarcerated as a result of each specified
conviction; if so, for how long in each specified case; and
(3) Have any of the specified convictions been expunged by his
department; if so, (a) on what date were they expunged, (b) under whose
authority were they expunged, (c) in terms of what legislation were they
expunged and (d) what reasons were considered when the convictions of
crimes were expunged? NW3667E
REPLY:
(1) The Departments of Justice and Constitutional Development and
of Correctional Services, are not responsible for the keeping of
criminal records of previous convictions. This is a function of the
South African Police Service (SAPS), in particular the Criminal Record
Center of the SAPS (CRC). This question should therefore be referred
to the Ministry of Police for an answer or input in this regard.
(2) The Department of Justice and Constitutional Development does
not have specific information in this regard.
(3) No. (a) to (d) therefore fall away.
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Please also find attached a copy of the Parliamentary Question answer No
2615 of the 7th August 2015, where-in the Honourable Member is
informed that no pardon has been granted by the President to the
person in question, because additional information is still
being awaited.
Pardons are submitted for consideration by the President, when the person
concerned, does not qualify to have his conviction expunged in terms of
the Criminal Procedure Act, 1977. Applications for expungement are
submitted to the Director-General of the Department of Justice and
Constitutional Development, where a convicted person has been convicted
of an offence for which he/ she did not serve a term of direct
imprisonment; the conviction happened more than 10 years ago; and he or
she has not been found guilty of a sexual offence against a child or a
mentally disabled person, which would then mean that such personâs
details will be added to the National Register of Sexual Offenders in
terms of Chapter 6 of the Criminal Law Amendment (Sexual Offences and
Related Matters) Act, 2007 (Act No 32 of 2007).
It is the responsibility of the person applying for a pardon and/or an
expungement, to obtain a SAPS Clearance Certificate from the Criminal
Record Centre him- or herself, to submit to the Department of Justice and
Constitutional Development, for consideration of the expungement, if
there was no direct term of imprisonment imposed, after 10 years have
passed and the person has not been convicted of a sexual offence against
a child or a mentally disabled person. In the latter case, an expungement
will not be granted and the only option for removal of a personâs
criminal conviction/s, is to apply for a Presidential pardon.