The Department of Justice and Constitutional Development aims to uphold and protect the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), and the rule of law. It also aims to render accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa.
The department's four national core branches are Court Services, Master of the High Court, Legal Advisory Services, and Legislation and Constitutional Development. Corporate Services provides support. The National Prosecuting Authority (NPA) forms a separate programme on the department's Vote.
To ensure the efficiency of its services and to enhance accessibility, the NPA, Court Services and the Master of the High Court have established provincial and local structures linked to courts to co-ordinate the implementation of national policy. Legal Advisory Services has also established state attorney offices in Pretoria, Johannesburg, Cape Town, Bloemfontein, Kimberley, Port Elizabeth, East London, Thohoyandou and Durban to provide services at a decentralised level.
the South African Human Rights Commission (SAHRC), which promotes and monitors the observance of human rights in South Africa the Commission on Gender Equality (CGE), which aims to create a society free from gender discrimination and any other forms of oppression the Public Protector, which investigates any conduct in state affairs, or in public administration in any sphere of government, that is alleged to be improper, or which results in any impropriety or prejudice.
the Special Investigating Unit (SIU), which provides professional forensic investigating and litigation services to all state institutions at national, provincial and local level to combat maladministration, corruption and fraud, and to protect state assets and public money the Legal Aid Board, which provides legal aid and representation to as many indigent people as possible at the State's expense.
The department's budget for 2006/07 was R7,3 billion, of which R1,5 billion was for the NPA, R2,4 billion for the Court Services Programme, and R986 million for chapter nine institutions.
In terms of section 165 of the Constitution, the judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law.
Supreme Court of Appeal high courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from high courts magistrates' courts any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either high courts or magistrates' courts.
In line with this, Parliament has also established special income tax courts, the Labour Court and the Labour Appeal Court, the Land Claims Court, the Competition Appeal Court, the Electoral Court, divorce courts, 'military courts' and equality courts.
The Minister of Justice and Constitutional Development, Ms Brigitte Mabandla, is leading a process to rationalise high courts. The Superior Courts Bill, which was introduced in Parliament in 2005, will abolish the last remnants of the homelandbased supreme courts, and will usher in new provincial divisions of the High Court in each province. Their jurisdiction and capacity will be determined in accordance with people's needs. This will result in the opening of high courts in Mpumalanga and Limpopo, which the Pretoria High Court currently services.
The Constitutional Court, situated in Johannesburg, is the highest court in all constitutional matters. It is the only court that may adjudicate disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state, or that may decide on the constitutionality of any amendment to the Constitution or any parliamentary or provincial Bill. The Constitutional Court makes the final decision on whether an Act of Parliament, a provincial Act or the conduct of the President is constitutional. It consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine Constitutional Court judges.
Justice Pius Langa is Chief Justice of South Africa and Justice Dikgang Moseneke is Deputy Chief Justice.
Decisions of the Supreme Court of Appeal are binding on all courts of a lower order, and the decisions of high courts are binding on magistrates' courts within the respective areas of jurisdiction of the divisions.
There are 10 high court divisions: Cape of Good Hope (with its seat in Cape Town), Eastern Cape (Grahamstown), Northern Cape (Kimberley), Orange Free State (Bloemfontein), Natal (Pietermaritzburg), Transvaal (Pretoria), Transkei (Mthatha), Ciskei (Bhisho), Venda (Sibasa), and Bophuthatswana (Mmabatho). Each of these divisions, with the exception of Venda, is composed of a judge president and, if the President so determines, one or more deputy judges president, and as many judges as the President may determine from time to time.
A provincial or local division has jurisdiction in its own area over all persons residing or present in that area. These divisions hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgment or to impose a penalty. Except where minimum or maximum sentences are prescribed by law, their penal jurisdiction is unlimited and includes handing down a sentence of life imprisonment in certain specified cases.
Decisions of the Constitutional Court, the Supreme Court of Appeal and the high courts are an important source of law. These courts are required to uphold and to enforce the Constitution, which has an extensive Bill of Rights binding all state organs and all persons. The courts are also required to declare any law or conduct that is inconsistent with the Constitution to be invalid, and to develop common law that is consistent with the values of the Constitution and the spirit and purpose of the Bill of Rights.
It facilitated the separation of functions pertaining to the judiciary, prosecution and administration; enhanced and developed the skills and training of judicial officers; optimised the use of the limited resources in an equitable manner; and addressed the imbalances in the former homeland regions.
In terms of the Magistrates' Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary. Although regional courts have a higher penal jurisdiction than magistrates' courts (district courts), an accused cannot appeal to the Regional Court against the decision of a district court, only to the High Court.
By March 2005, there were 366 magistrates' offices, 50 detached offices, 98 branch courts and 228 periodical courts in South Africa, with 1 833 magistrates.
The department created 40 new magistrates' posts in 2005/06 and filled 1 000 vacancies at courts in support of the judiciary and the prosecution.
Apart from specific provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), or any other Act, jurisdiction regarding sentences imposed by district courts is limited to a period of not more than three years' imprisonment, or a fine not exceeding R60 000. A regional court can impose a sentence of not more than 15 years' imprisonment or a fine not exceeding R300 000.
Any person charged with any offence committed within any district or regional division may be tried either by the court of that district or by the court of that regional division. Depending on the gravity of the offence and the circumstances pertaining to the offender, the Directorate of Public Prosecutions (DPP) decides in which court a matter will be heard and may even decide on a summary trial in the High Court.
Prosecutions are usually summarily disposed of in magistrates' courts, and judgment and sentence passed.
If the conditions of suspension or postponement are violated, the offender may be arrested and made to serve the sentence. This is done provided that the court may grant an order further suspending the operation of the sentence if offenders prove that circumstances beyond their control, or that any other good and sufficient reason, prevented them from complying with the conditions of suspension.
Unlike normal courts, community courts, like the Hatfield Community Court in Pretoria, have flexible hours.
The business community and other formations of civil society contribute significantly to the establishment and sustainability of these courts.
By September 2005, 13 community courts had been established. Four were fully operational and had been formally launched. These are Hatfield, Fezeka (Gugulethu), Mitchell's Plain and Cape Town. Another nine pilot sites commenced in Durban (Point), KwaMashu, Mthatha, Bloemfontein, Thohoyandou, Kimberley, Phuthaditjaba, Hillbrow and Protea (Lenasia).
By September 2005, 9 685 cases had been finalised since the start of the first Community Court in April 2004, with a 96% conviction rate.
Another Sars court operates twice a week at the Magistrates' Office in Roodepoort. In 2005, a new tax court facility was opened in Megawatt Park, Sunninghill, Gauteng.
A family court structure and extended family advocate services are priority areas for the department.
improve the quality and effectiveness of service delivery to citizens who have family law disputes. To ensure the proper and efficient functioning of maintenance courts, government has introduced initiatives that include appointing and training 140 maintenance investigators and providing them with training, creating 427 maintenance clerk and 86 maintenance investigator clerk positions to improve service delivery, and facilitating the development of Magistrates' Guidelines for the Implementation of Maintenance and Operation Isondlo.
By September 2006, Operation Isondlo, which was launched in Limpopo in December 2005, had brought relief to thousands of women struggling to recoup outstanding maintenance payments. This initiative aims to guard against the risk of the family unit degenerating and children being driven to a life of crime, by encouraging more mediation and the involvement of all stakeholders in maintenance matters, and by inculcating a culture of respect for the law and its attendant processes.
The role of equality courts is to enforce the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000). The Act outlaws unfair discrimination and allows for the creation of equality courts within magistrates' and high courts, each to be presided over by trained magistrates or judges appointed as presiding officers. The Act further authorises the Minister of Justice and Constitutional Development to appoint the Equality Review Committee to monitor the implementation of the Act's provisions.
By the end of August 2005, 70 sexual offences courts were in session and 30 more were expected to be operational by March 2006. These specialised courts allow sexual offences cases to be handled with sensitivity to avoid secondary victimisation of traumatised victims.
By the end of 2005/06, 260 designated equality courts were expected to be functioning and dealing with matters of discrimination. Section 16(1)(a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 provides that every high court is an equality court for its area of jurisdiction. Infrastructure is provided for this purpose as new courts are set up. Over 1 290 magistrates and 300 clerks of court have been trained in equality matters. The equality court services were expected to be extended to another 100 courts in 2006/07.
On 1 May 1995, the civil jurisdictional limits of magistrates' courts were increased for both liquid and illiquid claims, from R50 000 and R20 000 respectively, to R100 000. In addition to the considerable increase, the previous distinction between jurisdictional limits regarding the different causes of action was abolished.
An average of 120 commissioners are appointed for small claims courts annually.
providing access for all, especially the poor and the vulnerable establishing systems and rules of court that are accessible and easy to understand providing trained administrative support staff attracting and retaining commissioners.
Courts constituted in this way are commonly known as chiefs' courts.
By February 2006, of the 218 judges, 53% (115) were white, 31% (68) were African, 3% (16) were coloured and 9% (19) were Indian. Overall, 16% were female and 84% male. In terms of the lower court judiciary, at the end of February 2006, of the 1 833 magistrates, 48% (893) were white, 37% (683) were African, 8% (121) were coloured and 7% (131) were Indian. Overall, 30% were female and 70% male.
A comprehensive human resource development (HRD) strategy to widen the pool of women and black legal practitioners was expected to be finalised during 2006/07.
The transformation of the judiciary is intimately linked with the transformation of the legal profession and of legal scholarship. The department has worked in partnership with law schools in transforming the curriculum of the basic law degree to bring it in line with modern best practices. In addition to encouraging law schools to widen access to students from previously disadvantaged communities, these institutions will further be encouraged to forge linkages with leading law firms, with prominent practitioners and with relevant international organisations.
Transformation of the legal profession includes ensuring that judicial services are accessible to the poor, the uneducated and the vulnerable. This entails establishing a physical presence in rural areas and in townships, as well as offering affordable fees and providing speedy and empathetic services. It also entails facilitating access of all aspects and levels of the profession to aspirant lawyers, especially to those from previously marginalised backgrounds.
The provision of alternative dispute-resolution mechanisms is another key aspect of transforming justice services, thus making justice more accessible and more affordable.
The department gives prominence to integrating and modernising justice services through technology. It seeks to evolve simplified, cheaper and faster processes geared for the poor and vulnerable in townships and rural areas. It seeks to achieve this in partnership with its customers, with other government departments and with stakeholders.
In 2006, the department was in the third year of its five-year courts turnaround strategy, through the Re Aga Boswa We Are Rebuilding Project, which seeks to enhance court efficiency.
The rationalisation of high courts and the redemarcation of magisterial districts is also part of the restructuring programme. This entails the rationalisation of service areas of the supreme courts in the former homelands and self-governing states to align them with the new constitutional order. In 2004, the Minister of Justice and Constitutional Development proclaimed new magisterial districts aligned to the new municipal boundaries.
Saturday courts and other additional courts were established to assist in decreasing the backlog of cases. Various new regional-court posts were created and filled, impacting positively on decreasing case backlogs.
Some 25 district courts were expected to be opened, and 15 regional court magistrates were appointed in 2006.
The department operates 46 integrated justice court centres throughout the country to improve co-operation between criminal justice role-players in case management. After leading to a reduced case cycle, this initiative was expected to be rolled out to another 40 courts in 2006/07.
Re Aga Boswa seeks to affirm the principle of separation of powers as enshrined in the Constitution to ensure that magistrates and judges who are also heads of courts are further relieved of administrative functions to concentrate on their judicial work, as this is expected to lead to increased court productivity and to improved quality of judgments.
By June 2006, through Re Aga Boswa, 58 areacourt manager and 217 court-manager positions had been created countrywide and were being filled.
The roll-out of Re Aga Boswa integrated the implementation plan of the justice, crime prevention and security service charter for victims of crime to ensure that there was sufficient capacity to implement the charter. A dedicated telephone line was launched in 2005/06 to provide victims of crime direct access to the courts.
The court process pilot project was initiated in 2000 to pilot business process re-engineering and electronic filing of documents and dockets. Lessons learned through the project about court scheduling, case management and general court administration processes were incorporated into the Re Aga Boswa Project.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme (WPP), the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs (Soca) Unit, the Specialised Commercial Crime Unit, the Priority Crimes Litigation Unit and the Integrity Management Unit.
In May 2005, President Thabo Mbeki appointed the Khampepe Commission of Inquiry into the Mandate and Location of the DSO.
By September 2006, the commission had completed its report after receiving written and oral submissions from various parties. Most of its hearings were held in public.
The commission recommended that the DSO be retained within the NPA, but that political oversight and responsibility for the law-enforcement component of the DSO be conferred on the Minister of Safety and Security. Prosecutors working for the DSO would continue to receive instructions from the NDPP, which would remain accountable to the Minister of Justice and Constitutional Development.
Over the next three years, some 890 additional prosecutors' posts are expected to be created, which will allow for the deployment of at least two prosecutors per court.
In 2006/07, the NPA was expected to employ more personnel in addition to the 2 187 prosecutors and 196 senior public prosecutors who deal with criminal cases in the lower courts.
The objective of the DSO is to prioritise, investigate and prosecute particular manifestations of serious and organised crime that threaten the South African democracy and economy.
The primary client of the DSO is government, which has a fundamental interest in combating and suppressing insidious (and apparently victimless) organised crime. Equally, complainants from the private sector and regulatory bodies (for example Sars, the Financial Services Board and the South African Reserve Bank) base their expectations on how the DSO deals with financial crimes.
Rare individual complainants form part of the DSO's client base, when they are affected by largescale money rackets or organised violence.
The DSO renders services that include the determination, investigation and prosecution of crime to restore justice, to enhance public confidence in governance and to reduce crime through deterrence.
Products are realised through accurate assessments of crime threats, impact-driven and opportune investigations, successful prosecutions, confiscation of contraband, and forfeiture of illgotten gains and compensations, where warranted.
Between 2000 and 2006, more than R1 billion in proceeds from crime was frozen and nearly R100 million was paid into the Criminal Assets Recovery Account.
The broad legislative mandate of the DSO has been reduced to four crime focus areas to enable the DSO to carry out its mandate successfully. These are: organised crime organised corruption serious and complex financial crime racketeering and money laundering. By July 2006, the investigation of the SIU into irregular social grant payments in the Department of Social Development, at the request of the Minister of Social Development, Dr Zola Skweyiya, and paid for by that department, had removed some R1,5 billion in irregular grants from the system.
The joint efforts of the department and the SIU resulted in 110 000 grants being cancelled, saving taxpayers over R400 million a year.
The investigation focused on civil servants registered on the Social Pension System who received social grants.
Between July 2005 and July 2006, some 44 000 government employees receiving grants were investigated. The 21 588 found to be on the system irregularly were to face disciplinary action.
The SIU aimed to cancel another 125 000 grants worth R500 million in 2006.
The SIU investigation also tried to recover money from those able to repay the irregular grants they had received, whether being government employees or not.
The next phase of the investigation would focus on private individuals receiving social grants irregularly.
With almost a quarter of South Africa's population of over 40 million people receiving social assistance grants, the SIU expects to investigate up to five million cases over the next few years to clean up the system.
The corruption probe at the Department of Correctional Services' facilities led to a saving of R3,4 billion for the medical aid scheme of the department, and to 90 officials being criminally prosecuted and charged internally.
Other important fraud cases being tackled aggressively by the SIU are at driver's licenceissuing centres. By March 2006, more than 1 000 licence centres had been found to be noncompliant, with 1 294 criminal investigations pending, and 359 private individuals and 31 civil servants arrested, mostly on charges of selling fraudulent driver's licences.
Among other key corruption cases probed by the SIU were fraud cases in the WPP in KwaZulu-Natal.
The SIU also targeted local government, with 24 municipalities in five provinces being investigated.
formulating policy regarding capacity-building, sensitising and scientific functional training in respect of the prosecution of sexual offences and gender-based violence co-ordinating the establishment of special courts for the adjudication of sexual offences and gender-based violence facilitating and/or formulating research techniques for the prosecution of sexual offences, genderbased violence, maintenance and child justice developing and implementing communityawareness programmes and plans for the participation of non-governmental organisations (NGOs) in the processes and procedures aimed at preventing or containing sexual offences developing training, plans and mechanisms regarding the prosecution of sexual offences, gender-based violence, maintenance and child justice.
The Thuthuzela care centres are 24-hour onestop service centres where victims have access to all services that include police, counselling, doctors, court preparation and prosecutors. The main objectives of these centres are to eliminate secondary victimisation, to reduce case-cycle time and to increase convictions.
These multipurpose centres render the services of these departments to communities where these services either do not exist, or do exist but are not easily accessible (especially in rural areas).
The fight against sexual offences is a national priority. The department is providing facilities at courts where child witnesses, especially in childabuse cases, can testify in a friendly and secure environment without the risk of being intimidated.
New child-witness rooms are fitted with oneway glass partitions adjacent to the courtrooms. Where it is impossible to provide such rooms in existing buildings, other rooms away from the courts are used by providing a closed-circuit television (CCTV) link.
Intermediaries act as buffers against hostile and potentially protracted cross-examinations of child witnesses in an open court, particularly necessary in cases of sexual victimisation. Most intermediaries are social workers by profession, and fulfil their intermediary functions part-time or as volunteers. Given the specialised nature of the work and the scarcity of this resource, the department has decided to appoint about 34 intermediaries on contract.
The Draft Criminal Law (Sexual Offences) Amendment Bill, 2003 aims to provide intermediaries to all vulnerable witnesses in sexual-offence cases, where appropriate.
By 2005, 54 sexual offences courts, with an average conviction rate of 62%, had been established. Many of those cases dealt with protecting the rights of children. Of the 54 courts, 26 were blue-print compliant. Infrastructure is to be provided to make the remainder compliant. Permanent positions will also be created with the Magistrates' Commission to capacitate sexual offences courts.
By May 2006, more than 50 000 victims had been prepared for court by 66 court-preparation officials employed by the NPA.
The mission of the NPS is to raise the levels of productivity in the NPA and to make it efficient and credible.
It has to ensure proper planning of court rolls, prioritisation, and proper preparation and arrangement for all cases to be heard, as well as the avoidance of unreasonable delays.
The Pretoria-based Specialised Commercial Crime Unit was established in 1999 as a pilot project to bring specialisation to the investigation and prosecution of commercial crimes emanating from the commercial branches of the SAPS in Pretoria and Johannesburg.
Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialised commercial-crime cases. Similar courts were established during 2004/05 in Durban and Port Elizabeth.
In 2005/06, 935 commercial-crime trials were finalised with a conviction rate of 94,22%, with some courts operating for an average of over six hours a day.
Instead, the programme offers sustenance in the form of a food allowance; replacement of salary if employment has been lost; free accommodation, including all municipal services; a clothing allowance; transport; a housing allowance for schoolgoing children; medical expenses; etc.
In terms of the NPA Act, 1998, state advocates and prosecutors are separated from the Public Service in certain respects, notably by the determination of salaries.
State attorneys are involved in the drafting of contracts where the State is a party, and also act on behalf of elected and appointed officials in the performance of their duties, e.g. civil and criminal actions instituted against ministers and government officials in their official capacities.
freedom from unfair discrimination the right to life. Since 1994, and in keeping with the cultivation of a human-rights culture, the focus is gradually shifting from an adversarial and retributive CJS to that of a restorative justice system. The Service Charter for Victims of Crime seeks to consolidate the present legal framework in South Africa relating to the rights of and services provided to victims of crime, and to eliminate secondary victimisation in the criminal justice process.
The ultimate goal is victim empowerment by meeting victims' needs, whether material or emotional.
Following government's approval of the NCPS in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the cluster in a co-ordinated manner.
Issues that are receiving specific attention include the overcrowding in prisons and awaitingtrial prisoner problems (currently being dealt with by the Department of Correctional Services), as well as bail, sentencing and plea-bargaining (currently being dealt with by the Department of Justice and Constitutional Development).
Government at all levels wants to eliminate duplication of services and programmes. The need for strategic alignment of cluster activities has also been raised at a series of other governmental meetings and fora.
less duplication of services effective use of scarce and limited resources and skills joint strategic planning and a planned approach instead of reacting to problems. During the latter half of 2002, the IJS Board responded to the challenge and initiated a process to co-ordinate and align activities beyond the IJS. In response to this, a development committee was established in 2003 and mandated to align the shared objectives of cluster departments.
The JCPS has structured itself to focus on two main areas of responsibility, namely operational and developmental issues relating to the justice system, and the improved safety and security of citizens.
By September 2005, the Cabinet had endorsed proposals by the JCPS Cluster to review the CJS.
While each department within the JCPS Cluster must have its own information technology (IT) plan to achieve the vision, mission and department's specific objectives, the IJS Board co-ordinates the broader and shared duty to integrate the information flow throughout the CJS.
This goal focuses specifically on women, children and vulnerable groups, as well as on improved court and case administration.
Implementing relevant legislation and enabling policy, for example, accelerating the finalisation of the Child Justice Bill. By mid-2006, Cabinet had approved the Sexual Offences Bill.
Ensuring assistance from prosecutors and public defenders for child maintenance.
Enforcing the right of children to receive support from earning parents.
Prioritising child justice and all cases involving children, especially those in prison awaiting trial.
The VEP aims to improve services rendered to crime victims.
The NPA has court-preparation officials on contract who provide support to crime victims, especially abused children, in preparing them for court proceedings.
The Service Charter for Victims of Crime, approved by Cabinet, is expected to go a long way towards assisting crime victims.
toll-free lines in all provinces training of victim assistance staff who will assume duty at service-delivery points by 2007/08 a set of complaints mechanisms.
Case-flow management centres provide an integrated solution to managing cases through the court system, facilitated by IT that allows the monitoring of aspects such as case-cycle time and court rolls.
It consists of senior representatives from each of the partner departments participating in the IJS, and is chaired by the Department of Justice and Constitutional Development. National Treasury, the judiciary and the Department of Home Affairs are also represented on the committee.
National and provincial action plans to fast-track all children awaiting trial in prisons and police cells, have led to a reduction in children awaiting trial from over 1 775 in January 2005 to 1 243 in January 2006.
Specific interventions to address the backlog of cases pending trial include moving away from placing children who are in trouble with the law in correctional detention centres. Children awaiting trial will be placed under home-based supervision, in places of safety or in the care of parents or caregivers. Three child-justice centres have been established in Port Elizabeth, Bloemfontein and Port Nolloth.
The National Inter-Sectoral Committee on Child Justice monitors and evaluates all child-justice issues and reports to the JCPS Cluster. This forum has also been established at regional level.
The purpose of this programme is to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, strengthening strategic planning and management capacity, organisational development and human resource (HR) interventions.
The e-Justice Programme has evolved into the Information and Systems Management Programme, which has 25 projects in addition to the three main ones, i.e. Court Process Project (CPP), Digital Nervous System (DNS) Project and Financial Administration System (FAS) Project. The e-Justice Programme is funded mainly by the Justice Vote, but is supplemented with donor funding from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
With the completion of the DNS I project in March 2005, the department embarked on DNS II to establish a virtual private network, the first time in government, for the department to improve response times and the transfer of e-mail traffic over the network, and to enhance service delivery.
52 users were trained. By May 2006, the Department of Justice and Constitutional Development was rolling out information and communications technology to all departmental sites with 15 users and less, thus connecting the smaller, mostly rural sites to the department's infrastructure and networks.
The CPP, which was initiated in 2000, seeks to reengineer the way in which court services are delivered. It is aimed at providing courts with the necessary tools to deal with caseloads and general management more effectively.
This project also links, for the first time, the police, prosecutors, courts, prisons and social-welfare facilities at selected pilot sites. It incorporates the flow of processes that affect departments in the IJS, namely the departments of safety and security, of correctional services, of social development, of justice and constitutional development and the NPA.
The system is live at the Durban Centre of Excellence (CoE).
The FAS is tasked with automating and administering trust accounts in the magistrates' courts, the State Attorneys' offices and the Guardian's Fund in the master's offices.
The Justice Deposit Account System was enhanced and rewritten to accommodate functionality, allowing the system to seamlessly interface with private banking institutions. The enhanced system was successfully piloted at Bafokeng Magistrate's Court in North West.
The legislative development component of the branch is responsible for researching, developing and promoting appropriate legislation affecting the department's line functions.
The constitutional development component of the branch is also responsible for promoting the independence and effectiveness of Chapter Nine institutions, and for administering the Constitution, which includes monitoring the implementation of the Constitution and the Bill of Rights.
Between 1994 and 2005, the department promoted more than 113 Bills.
legislation to give effect to the spirit of the constitutional dispensation legislation to address crime issues in South Africa legal reform.
This Act aims to regulate the interception and monitoring of certain communications and prohibits such interception and monitoring, except in cases where such interception or monitoring has been authorised by a judge of the High Court in the case of suspected serious offences. This Act, while protecting the rights of law-abiding individuals, is expected to contribute to the fight against serious organised crime.
Since the Constitution of the Republic of South Africa is the supreme law of the country, it should be treated differently from other Acts of Parliament. This Act is intended to change the reference to the Constitution by providing that no Act number will be allocated to it in future.
It is also intended to substitute the short titles of all Constitution Amendment Acts that have been enacted since the commencement of the Constitution, so as to provide for the consecutive numbering of those Acts.
This Act amended the Public Funding of Represented Political Parties Act, 1997 (Act 103 of 1997), to further regulate the allocation of monies from the Represented Political Parties Fund to political parties participating in the national and provincial legislatures, where a member of a legislature becomes a member of another party while retaining membership of that legislature, or where an existing party merges with another party, or subdivides into more than one party, or subdivides and any one subdivision merges with another party.
The Act also amended the Determination of Delegates (National Council of Provinces) Act, 1998 (Act 69 of 1998), to provide for the determination of certain delegates of a provincial legislature, which has been reconstituted on account of changes of party membership and mergers or subdivisions.
This Act amended a number of different Acts of Parliament, which are administered by the Department of Justice and Constitutional Development. The amendments are technical in nature and address identified practical problems.
This Act repeals the Black Administration Act, 1927, which contains many provisions regulating the lives of black persons in a manner in conflict with the Constitution.
Some important legislation that is being promoted by the department includes the Judicial Service Commission (JSC) Amendment Bill and the Child Justice Bill. The proposed Child Justice Bill will create a new system for dealing with children in trouble with the law.
The Criminal Law (Sexual Offences) Bill emanates from an investigation by the SALRC and proposes a comprehensive review of existing legislation dealing with sexual offences. It aims to bring this area of law into line with the new constitutional dispensation and to provide greater protection against the sexual abuse of women and children, especially girls.
State law advisers provide legal opinions for all organs of state, scrutinise and amend international agreements, draft legislation and subordinate legislation and attend relevant parliamentary portfolio committees as legal advisers for all national departments. The component hosts the National Forum Against Racism and facilitates South Africa's participation in the International Court for Criminal Justice.
The main functions of the Directorate: International Affairs in the Department of Justice and Constitutional Development are to identify and research legal questions that relate to matters pertaining to the administration of justice between South Africa and other states.
The directorate is involved in direct liaison and negotiations at administrative and technical level with foreign states to promote international legal cooperation, and for the possible conclusion of extradition and mutual legal-assistance agreements.
The directorate also aims to establish greater uniformity between the legal systems of southern African states, especially the Southern African Development Community (SADC).
The directorate co-ordinates human-rights issues at international level under the auspices of the United Nations (UN) and the African Union (AU).
regular liaison with SADC states co-ordinating all Commonwealth matters pertaining to the administration of justice interacting with other international bodies, such as the United Nations (UN), the Hague Conference and the International Institute for the Unification of Private Law interacting with foreign states outside the SADC region negotiating extradition and mutual legalassistance agreements with other countries preparing Cabinet and Parliament documentation for the ratification of human-rights treaties, including report writing.
ensure the effective implementation of the Rome Statute of the ICC in South Africa ensure that South Africa conforms with the obligations set out in the statute address the crime of genocide, crimes against humanity, and war crimes address the prosecution in South African courts of persons accused of having committed said crimes in South Africa and beyond the borders of the country in certain circumstances deal with the arrest of certain persons accused of having committed said crimes and their surrender to the ICC in certain circumstances enhance co-operation by South Africa with the ICC.
On 15 October 2004, the Constitutional Court declared section 23 and regulations of the Black Administration Act, 1927 unconstitutional. In 2005, legislation to repeal the Black Administration Act, 1927 was finalised.
Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Mthatha.
Suboffices are located in places where the High Court does not have a seat, but where workloads require the presence of at least one assistant master.
At service points, officials attached to the Branch: Court Services deliver services on behalf of, and under the direction of, the master. Each magistrate's court is a service point. Each service point has at least one designated official who is the office manager or a person of equal rank. They only appoint masters' representatives in intestate estates of R50 000 or less, in terms of section 18(3) of the Administration of Estates Amendment Act, 2002 (Act 47 of 2002).
On 26 December 2004, the Mental Healthcare Act, 2002 (Act 17 of 2002), came into operation, recalling the Mental Health Act, 1973 (Act 18 of 1973).
The fund holds and administers funds, which are paid to the master on behalf of various persons known or unknown. These include minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons, or persons having an interest in the money of an usufructuary, fiduciary or fideicommissary nature.
The money in the Guardian's Fund is invested with the Public Investment Commission and is audited annually. Interest is calculated monthly at a rate per year determined from time to time by the Minister of Finance. The interest is compounded annually at 31 March. Interest is paid for a period from a month after receipt up to five years after it has become claimable, unless it is legally claimed before such expiration.
Five years after the money has become claimable, the master pays the unclaimed money to the Receiver of Revenue Payment Register. This does not mean that the owner of the money cannot claim the money from the Guardian's Fund. However, 30 years after the money has become claimable, the money is forfeited to the State. Every September, the master advertises unclaimed amounts in the Government Gazette.
It also develops rules and court procedures to ensure a speedy, inexpensive civil justice system that is in harmony with the Constitution and technological developments, and is accessible to all South Africans.
Training is integral to the department's efforts to widen and improve citizens' access to justice. The Justice College is being transformed by reviewing governance structures, processes and systems, and revamping the curriculum to ensure that the college serves the training and development needs of all its stakeholders.
The transformed college will extend training to all professionals and officials of the department, including state attorneys, masters, family advocates, registrars, court managers and interpreters.
Training interpreters is also a departmental priority. The college continues presenting courses that focus on complex concepts and has launched management-training courses for senior interpreters to facilitate and develop their leadership skills.
The Family Advocate, assisted by family counsellors, reports to the court and makes recommendations. These serve the best interest of children in cases where there is litigation relating to children in divorce actions, or applications for the variation of existing divorce orders. The functions of the Family Advocate have been extended to include maintenance and domestic-violence matters.
Inquiries take place at the request of the court, one or both parties to the litigation, or at the initiative of the Family Advocate, in which case authorisation of the court must be obtained.
Family advocates operate in the provincial and local divisions of the High Court as well as in lower courts.
The Office of the Family Advocate provides support services for the family court pilot project. Most offices are involved in mediation training for a large contingent of social workers and other mental-health professionals.
The Children's Act, 2005 (Act 38 of 2005), provides for the extension of the role of the Family Advocate to areas such as mediation and the facilitation of family-group conferences.
The Legal Aid Board has completed the roll-out of a national infrastructure of four regional offices, 57 justice centres and 35 satellite offices. It employs more than 1 500 staff of whom more than 1 000 are legal professionals.
The board continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is carried out through a system of in-house outsourcing to private lawyers (a system of judicare) and cooperation partners.
The Legal Aid Board has increased the number of state-funded criminal and civil cases from 115 000 in 2001 to 340 244 in 2005.
In 2005, the board spent about R100 million of its R561-million budget on 42 000 cases that were referred to private legal practitioners.
The Public Protector investigates complaints from the public or on own its initiative against government at any level, its officials, persons performing public functions, corporations or companies where the State is involved, and statutory councils.
The Magistrates' Commission ensures that the appointment, promotion, transfer or discharge of, or disciplinary steps against judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such actions are applied uniformly and correctly.
The commission also attends to grievances, complaints and misconduct investigations against magistrates. It advises the Minister of Justice and Constitutional Development on matters such as the appointment of magistrates, promotions, salaries and legislation.
In terms of the Constitution, the President, in consultation with the JSC, appoints the Chief Justice and the Deputy Chief Justice, and the President and Deputy President of the Supreme Court of Appeal. Other judges are appointed by the President on the advice of the JSC.
The JSC was established in terms of section 178 of the Constitution to perform this function.
It also advises government on any matters relating to the judiciary or to the administration of justice.
The JSC shortlists suitable candidates and invites them for interviews. Professional bodies and members of the public are afforded the opportunity to comment before the interviews or to make representations concerning the candidates to the commission.
Education and Training Strategic Management and Support Services ensures that the operations of the commission comply with constitutional and legislative imperatives, guides the functioning of the commission to align with its strategic objectives and national priorities, and positions the commission favourably within the human-rights field regionally, nationally and internationally.
The commission plays a special role in the development of human rights in Africa through work with the relevant organs of the SADC, AU and the African Commission on Human and People's Rights. It is a member of the International Coordinating Committee of African National Human Rights Institutions and has been instrumental in setting up other national human-rights institutions in Africa.
Legal Services investigates individual and systemic human-rights violations and provides appropriate redress. Mediations, decisions, findings and opinions of the commission and litigation are used to secure redress for individuals and communities.
Public outreach activities within the commission focus on poverty-stricken communities in rural and peri-urban areas. The commission has developed the Omnibus Outreach Programme. This is a multifaceted tool for engaging with communities, encompassing a large range of educational interventions ranging from workshops, seminars, presentations, site visits and walkabouts to widespread campaigns, events and advocacy initiatives.
The NACHRET was established in April 2000. The centre provides a platform for debate on humanrights issues aimed at enhancing an understanding of these issues and practices. It also provides training and builds capacity both in South Africa and on the African continent regarding humanrights themes, challenges and issues.
Chapter Nine of the Constitution provides for the establishment of the CGE. Section 187 of the Constitution specifically grants the CGE powers to promote respect for, and to protect, develop and attain gender equality. The composition, functions and objectives of the CGE are outlined in the CGE Act, 1996 (Act 39 of 1996).
developing, conducting or managing information and education programmes to foster public understanding of matters pertaining to the promotion of gender equality and the role and activities of the commission monitoring and evaluating the policies and practices of state organs, statutory and public bodies, as well as the private sector, to promote gender equality investigating any gender-related complaints received or on its own initiative liaising with institutions, bodies or authorities with similar objectives conducting research to further the objectives of the CGE. Complaints are received from the public at large and dealt with either through personal consultations, telephonically or in writing, including electronically.
In cases where the complaint does not fall within the CGE's mandate, it may be referred to a relevant institution or forum.
During 2004/05, the CGE attended to 1 132 complaints.
By July 2006, work was continuing to preserve the TRC's material and research. An allocation of R5 million for victims who testified before the TRC and who requested educational support was transferred to the National Student Financial Aid Scheme.
In pursuing these objectives, the department has developed the White Paper on Corrections that embodies its long-term strategic policy and operational framework. These recognise corrections as a societal responsibility and put rehabilitation at the centre of all the department's activities.
Thirty-six CoEs were launched in all six correctional services regions. Where possible, such centres will be launched at all 241 correctional centres. The centres were prioritised for other interventions, including training in the new rehabilitation model Offender Rehabilitation Path. The CoEs, in which practical rehabilitation programmes have begun to yield fruitful results, are producing rehabilitated graduates and professionals in plumbing, carpentry, electrical engineering and teaching.
The national curriculum programme was expected to see the department implementing the National Curriculum Statement for Grade 10 in its CoEs in 2006/07, as part of its commitment to ensuring that education is a key tenet of rehabilitation. The Durban Westville correctional centre achieved a 100% matriculation pass rate in 2004 and 2005, producing inmates who are prospective teachers, communication specialists, public relations officers and artists.
By mid-2006, the department was registering all its youth centres as full-time schools to ensure the transformation of CoEs into rehabilitation centres of education, knowledge and information.
By mid-2006, the department was developing a new policy framework and restructuring the system to centralise the principled participation of various role-players, including family, communities, NGOs, faith-based organisations (FBOs), community-based organisations (CBOs) and the CJS.
This programme seeks to improve confidence in the system, to optimise stakeholder participation and to strengthen family relations, while improving the management of rehabilitation programmes outside correctional centres.
The new programme was expected to improve the implementation of diversion programmes, noncustodial sanctions for offenders who pose limited danger to society, and the role of society in preventing crime and in correcting offending behaviour.
The budget allocation for social reintegration increased by 9,15% (from R313,3 million in 2005) to R342 million in 2006.
87 correctional centres for both male and female offenders. Three correctional centres were closed down for renovations.
In centres where male, female and juvenile offenders are accommodated, female and juvenile offenders are housed in separate designated sections.
By 31 December 2005, South Africa's correctional centres collectively housed 160 213 inmates, while accommodation was available for only 114 354. This means that general overcrowding was in the region of 137,64%. Of the total population, 113 820 inmates were unsentenced.
The average cost of incarceration was estimated at R123,37 a day.
By June 2006, South African correctional centres accommodated an offender population of 158 032 people and were overpopulated by more than 50 000 people.
Government assigned the Department of Correctional Services to lead an intercluster task team to develop a comprehensive strategy for reducing overcrowding, for consideration by Cabinet during 2006/07. The strategy is expected to raise proposals regarding the location of the function, dedication of appropriate resources and programmes for effective management of inmates who, in terms of the Constitution, are considered innocent until proven guilty.
Regional and area commissioners countrywide were expected to identify alternative facilities for incarcerating awaiting-trial detainees (ATDs) in correctional centres in the interim to reduce overcrowding in police holding cells. The ATD population decreased from 52 313 in January 2005 to 46 393 in March 2006.
Managing the special remission of sentences reduced overcrowding in correctional centres between June and August 2005 by over 31 000 sentenced offenders, from 187 000 to just over 156 000, thus saving over R70 million in running costs.
Four new-generation prisons in Kimberley, Klerksdorp, Leeuwkop and Nigel are expected to be completed in 2007. Similar facilities are expected to be built in the Eastern Cape, Western Cape, KwaZulu-Natal and Limpopo. All eight prisons will have 3 000 beds each.
Construction of another four new-generation correctional centres in Paarl, East London, Port Shepstone and Polokwane, announced in 2006, was expected to start in 2008. By June 2006, the environmental-impact assessment, the feasibility study and the identification of public land for the Limpopo centre were under way.
One of the core objectives of the department is to ensure that every correctional centre has a secure environment with a correcting influence. This refers not only to the prevention of escapes from custody, but also to the creation and maintenance of an environment in which there is a significantly low prevalence or absence of inmate abuse, violence, corruption and negligence.
The department has put in place various measures aimed at combating escapes. These include the optimal utilisation of existing security aids and equipment, continued evaluation of security directives, upgrading personnel training, disciplinary action against negligent personnel, rewarding offenders who report or warn of planned escapes, and the installation of electronic fences and X-ray scanners in high-risk prisons.
Through the implementation of national and regional escape-prevention strategies, the department succeeded in reducing the number of escapes from 171 in 2004/05 to 120 in 2005.
The number of escapes decreased by 90,3% between 1996 and 2005.
The department is rolling out a biometric security system and state-of-the-art fencing with CCTV. By August 2006, the system had been launched in 62 of the targeted 66 correctional-service sites. The system includes a biometric fingerprinting system to manage inmate visitations.
The nature of serious offences committed or allegedly committed by children under the age of 18 who were awaiting trial or sentenced is alarming. A breakdown of the nature of the crimes of those in custody on 31 March 2006 revealed that there were 745 economic-related offences, 1 184 aggressive offences and 308 sexual offences. A further 107 juveniles were detained for drugrelated and other offences.
Of the crimes committed by 36 929 sentenced youths between the ages of 18 and 25, 20 492 were aggressive, 9 434 economical, 8 606 sexual, and 3 245 drug-related and other types of offences.
The development and support of youth offenders form an essential part of their incarceration. The aim of rendering professional services (education, reskilling, learning a trade, moral and spiritual enlightenment, and personal development) is to rehabilitate youth offenders, contribute towards their behavioural change, and prepare them for reintegration into the community.
Mother-and-child units have been established in eight female correctional centres countrywide. By 31 March 2005, there were 173 infants under the age of five in correctional centres with their mothers. Policy on such infants clearly stipulates that mothers and children are kept in a separate unit within the correctional centre, where the surroundings and facilities are complementary to the sound physical, social and mental care, and development of children.
The right of the mother to have her child with her during admission promotes a positive relationship between mother and child. The policy emphasises that the mother should be taught good childcare practices to build her own self-esteem and selfconfidence, and for the benefit of the child.
The main objectives of the privilege system are to encourage offenders to display good behaviour, to engender a sense of responsibility in them, and to ensure their interest and co-operation in treatment programmes.
The policy and administrative framework for the maintenance of an adequate, affordable and comprehensive healthcare service is based on the principles of primary healthcare (PHC).
Source: Department of Correctional Services management of communicable diseases (including HIV, AIDS and sexually transmitted infections [STIs]) and referrals where necessary, through the acknowledgement of national and international norms and standards, within the limited available resources.
strict pursuance of ethical codes by health professionals regular health-quality inspections strict compliance with rules of confidentiality and privacy regarding the medical records of patients the continuous evaluation and upgrading of medical emergency services. The Department of Correctional Services provides a system in which offenders are treated in the same way as other patients in the State sector through PHC principles.
toilet and bathing amenities with warm water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment safe water-supply the promotion of a smoke-free prison environment. The Minister of Correctional Services approved the department's HIV and AIDS Policy in October 2002. In 2006, the department conducted a health-needs assessment based on government priority areas, as well as a survey of HIV and AIDS prevalence among inmates and staff.
The department is implementing the Comprehensive Plan on Prevention and Care of HIV and AIDS of the Department of Health, which includes providing antiretroviral (ARV) therapy to offenders who qualify for this treatment by referring them to the nearest accredited public healthcare facility to start treatment.
The department is also collaborating with the Department of Health to assess identified correctional centres for accreditation as ARVtherapy providers.
The first correctional centre to be accredited by the Department of Health for providing ARV therapy was Grootvlei in the Free State. The Qalakabusha, Pietermaritzburg and Durban Westville centres were expected to be accredited next.
In 2005/06, the department facilitated 35 400 awareness sessions on HIV and AIDS and other health-related aspects.
Because of budgetary constraints, the department decided on phased implementation. The first phase has seen implementation at seven large management areas, which benefit about onethird of the inmate population. An added advantage is that on their release, trained offenders will be able to participate effectively in the catering arena.
Rehabilitation aims to provide treatment and development programmes to offenders in partnership with the community. This will enhance personal and social functioning, and will prepare them for reintegration into the community as productive, well-adapted and law-abiding citizens.
In 2006/07, Samuel Beckett's play Waiting for Godot was staged at Pollsmoor by a cast drawn from inmates, as part of the Arts in Prison Project run by the department in collaboration with the Department of Arts and Culture.
Institutional committees at each prison are responsible for ensuring a professional and coordinated approach towards the incarceration, treatment, training and development of all offenders.
Institutional committees have statutory decisionmaking competency regarding the safe custody of offenders, individual participation, subgroup and group programmes, as well as prompt rewarding of positive behaviour.
All offenders have a right to basic education and training. The aim is to enhance the education level and to improve the skills of offenders to facilitate their reintegration into society.
These training facilities are also available to members of the neighbouring communities to empower themselves. The Vukukhanye Youth Development Project in the Western Cape is a prime example where trainees from Paarl and Franschhoek graduated with technical skills in garment-making, cabinet-making, upholstery and other fields early in 2005.
By July 2006, there were 55 psychologists available in the department, which is the highest number ever. This gave 73,14% more people (up from 10 292 to 17 820) access to their services between 2004/05 and 2005/06.
Social Work Services aims to provide professional services to help offenders cope more effectively with problems relating to social functioning, and to prepare them for reintegration into the society.
Spiritual-care services are rendered through needsbased programmes within a multi-disciplinary context to persons who are in the care of the department. This is done in partnership with churches or FBOs and other role-players to rehabilitate offenders and reintegrate them into the community.
The Correctional Services Act, 1998 provides for the creation of independent regional correctional supervision and parole boards throughout the country, with greater powers to consider and approve which offenders, serving sentences exceeding 12 months, should be granted parole.
The Parole Review Board (PRB) was launched on 4 May 2006 to review decisions regarding the parole of sentenced inmates, signalling the department's intent to consider or review parole more holistically, by taking into account issues of fairness and objectivity as expected by citizens, and to ensure that there is recourse and alternative structure of appeal where rehabilitated offenders or members of the public representing offender interests can make representation on their parole.
The PRB does not replace correctional supervision and parole boards.
The PRB has to ensure that it can oversee the many parole matters that the 52 parole boards deal with, and handles parole applications from 240 correctional centres.
The PRB's work would be in vain if offender profiling and interventions regarding assessment and comprehensive rehabilitation programmes for offenders did not create conditions conducive to their rehabilitation, parole and social integration. Involving communities in this regard, as outlined in the White Paper on Corrections, is important in helping to break the cycle of crime.
The PRB will have to consider various issues in reviewing parole decisions, including existing programmes for offender rehabilitation based on risk-profile management output, sentence planning and needs-based interventions and professional treatment, where necessary.
As at 31 March 2006, there were 22 695 parolees.
The implementation of the Correctional Services Act, 1998 changed the department's policy concerning releasing offenders. The most significant changes included increasing the role of the community in decision-making and opportunities granted to victims of crime to express their views for consideration before a decision was made.
There are 52 correctional supervision boards countrywide tasked with deciding on the placement of offenders before the expiration of their sentences on either correctional supervision or parole. They are chaired by people appointed from the community where the board sits. Representatives from the Department of Justice and Constitutional Development, the SAPS and two additional community members serve on each board.
The PRB comprises members of the National Council on Correctional Services and is chaired by a Judge of the Supreme Court. Other members that serve on the board are a member of the NPA, two community members and a representative from the Department of Correctional Services.
Also significant to the new concept of parole placement is that the victim now has a say in the placement of the offender. A victim may ask to be present during the hearing or to make a presentation at the time when the offender is considered for parole.
Four corrections programmes have been developed and accredited, marking a real focus on root causes of crime in society, namely anger management, a sexual offenders programme, HIV and AIDS awareness and pre-release programmes. Participation in rehabilitation programmes will soon be compulsory.
The White Paper on Corrections is founded on the belief that the Department of Correctional Services should be an institution for rehabilitation, and that rehabilitation and social integration of offenders should be a responsibility of society. The department has entered into partnerships with NGOs, FBOs and CBOs in rendering reconciliation and moral renewal programmes for offenders and communities, so that rehabilitated offenders may be released into a receptive environment, thus ensuring that both offenders and their victims, or affected families and communities, achieve closure.
Engaging with the faith community aims to encourage them to play an important role in reintegrating offenders in society, by assisting with job creation, for example.
The department intends including the accreditation of skills-development institutions or facilities in line with the call for offenders to enjoy appropriate and effective training during their rehabilitation. The department intends launching intensive community-outreach programmes such as Operation Masibambisane, to create platforms and avenues of interaction with provincial government structures, local government councils, as well as civic and traditional structures to enhance community involvement in the rehabilitation and social integration of offenders.
Plans are being implemented to make community correction offices more accessible to the majority of offenders and the community, especially in rural areas. The final location and decentralisation of the offices was envisaged by the end of 2006/07. On 31 March 2005, there were 172 fully functional offices and 21 suboffices.
Volunteers from the community are encouraged to assist the department in monitoring parolees.
Based on their risk profile, parolees are placed in minimum, medium or maximum supervision categories. The conditions for parole may include periods of house-arrest, restriction to a specific magisterial district, compulsory attendance of treatment programmes and rendering compulsory community service.
According to section 117(e) of the Correctional Services Act, 1998, it is an offence for a probationer or parolee to abscond from the system of community corrections. If found guilty, they may receive an additional sentence of up to 10 years' imprisonment.
As at 31 March 2006, there were 14 184 probationers.
Because the department renders an essential service, its members are not allowed to embark on strike action.
The department's efforts at building an ethical and secure correctional system are ongoing. It launched a special three-month training programme in July 2006 for over 880 managers to equip them with the required skills to improve ethical behaviour and to fight corruption.
ethos in correctional services evolution of corruption and factors contributing to corruption understanding corruption and factors contributing to it understanding anti-corruption strategies risk management conflict, diversity and change management ethical reasoning and decision-making professional ethics for the Public Service. To combat fraud and corruption in correctional services, the department is collaborating with the SIU. The results of this partnership include: over 27 medical practitioners being investigated and 16 appearing in court, resulting in one conviction, a suicide case and over R300 million in recoveries and savings in medical aid claims of more than half a billion rand the approval of a new code of conduct that closed gaps in the disciplinary system that led to losses worth millions due to, among other things, the completion of cases being delayed and suspensions being prolonged the signing of an MoU with the South African Management Development Institute and the Tshwane University of Technology to close gaps in the department's integrated anti-corruption strategy analysing the final report of the Jali Commission to ensure that the entire report is handled without duplication of actions or omitting cases establishing a departmental task team to develop a plan of action in response to the recommendations of the Jali Commission the department's in-house anti-corruption campaign to create a secure and ethical correctional system.
In August 2006, the inaugural SADC Games of Prisons and Correctional Services Officials were held in Durban, KwaZulu-Natal.
Over 600 correctional officials from six SADC countries competed in soccer, netball, athletics and volleyball.
The games coincided with an extraordinary three-day Conference on Eastern, Southern and Central African Heads of Correctional Services (Cesca) and a one-day workshop of Cesca member states where an integrated strategy for HRD on corrections in Africa was discussed. The conference aimed to strengthen correctional services on the continent and to pave the way for the creation of an all-African correctional services body that will play a more critical role in postconflict reconstruction and development, in countries such as Somalia, Rwanda and the Democratic Republic of Congo.
About 100 commissioners and senior officials of correctional and prisons services from 13 countries, attended.
Commission on Gender Equality Department of Correctional Services Department of Justice and Constitutional Development Estimates of National Expenditure 2006, published by National Treasury South African Law Reform Commission www.dcs.gov.za www.financialmail.co.za www.gov.za www.idasa.org.za www.southafrica.
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