The Department aims to achieve this by promoting constitutional democracy, providing appropriate legal services and the sound management of courts, and alternative dispute-resolution mechanisms.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs Unit and the Specialised Commercial Crime Unit. In terms of the NPA Amendment Act, 2000 (Act 61 of 2000), the DSO is a distinct and autonomous agency.
Discontinue criminal proceedings.
The DSO is committed to the investigation of matters that are national in scope, and concentrates on those crimes that threaten national security and economic stability. The more complex and protracted the investigations and higher up the criminal target, the more appropriate the matter would be for DSO selection. In many instances, these high impact investigations fall outside the scope and capacity of the South African Police Service (SAPS). The DSO has initiated investigations into organised public office corruption. It has developed an ambitious, though realistic strategy, based on a customised model of successful overseas anti-corruption programmes.
By September 2002, the DSO had finalized 210 prosecutions over a period of 18 months. Eighty-five of these were finalised in the last seven months with a 93% conviction rate. In those seven months, an additional 43 major case investigations were initiated, bringing the total number of projects on its books to 500, one-third of which had already appeared before the courts.
The money was disbursed to the different nongovernmental organisations by the Foundation for Human Rights. The Campaign was repeated in 2003.
build capacity to ensure that asset forfeiture is used as widely as possible to make a real impact in the fight against crime.
By July 2003, 40 Sexual Offences Courts had been established countrywide. The fight against sexual offences is a national priority. The Department of Justice and Constitutional Development is busy with a programme of providing facilities at courts where child witnesses, especially in child abuse cases, can testify in a friendly and secure environment without the risk of being intimidated. The Department of Justice and Constitutional Development, the NPA, the Department of Social Development and the SAPS have established a close working relationship and have developed a national strategy for the accelerated rollout of Sexual Offences Courts. Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialized commercial crime cases.
The Johannesburg and Pretoria Courts will eventually be followed by similar courts in Durban and Cape Town. Before the establishment of the Specialised Commercial Crime Courts, only 6% of all perpetrators prosecuted were convicted, compared with the 23% conviction rate at the Pretoria Court.
In May 1999, South Africa's first Community Court, aimed at alleviating the burden placed on the justice system by petty crimes and social disputes, was launched at the Kyalami Metro Council in Gauteng. The pilot project is guided by members of the SAPS, the Department of Justice and Constitutional Development, and non-governmental organizations (NGOs).
Another SARS court is operating twice a week at the Magistrate's Office in Roodepoort. Discussions to decentralise and expand such a Court to the bigger centres in the country have taken place between SARS and the Department.
A specialised Family Court structure and extended Family Advocate services are priority areas for the Department. The Family Court Blueprint was developed by the Family Court Task Team in 2002 to support the existing five pilot projects in becoming fully fledged successful Family Courts, and thereafter the rolling out of Family Courts to other magisterial districts.
improve the quality and effectiveness of service delivery to citizens who have family law disputes.
State Legal Services provides government with legal services and facilitates constitutional amendments through three sub-programmes.
Legal Services to the State provides for the work of the State Attorney and State law advisors. The former acts as attorney, notary and conveyancer for government. State law advisors provide legal opinions, scrutinize and amend international agreements and draft legislation and attend relevant Parliamentary Portfolio Committees as legal advisors for all national departments.
Human rights, in terms of Chapter Two of the Constitution, bind all legislative and executive bodies of State at all levels of government. They apply to all laws, administrative decisions taken and acts performed during the period in which the Constitution is in force.
a right to life.
The Department of Justice and Constitutional Development is one of the four core departments in the Criminal Justice Cluster that has been tasked with the implementation of the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime.
The IJS Board was established in 1997 to integrate the activities of departments in the Justice Cluster in a co-ordinated manner. The underlying principle in establishing this System is the re-engineering of business processes through the necessary technology to ensure effective interaction and transition between the respective departmental responsibilities.
Development of the necessary business intelligence capacity within the Justice Cluster, which was expected to move into a new phase during 2003/04.
Financial Administration System, which consists of four projects involving the automation of the Guardian's Fund, bail, maintenance, and the State Attorney's trust accounts. The development phases of the projects have been completed and rollout was due to start in 2003.
The most important pieces of legislation promoted in recent years include the following: Implementation of the Maintenance Act, 1998 (Act 99 of 1998), and the Domestic Violence Act, 1998 (Act 116 of 1998) The Department implemented the Maintenance Act, 1998 and the Domestic Violence Act, 1998 in November 1999 to make a difference to the lives of vulnerable women and children. The Department has also started appointing contract maintenance investigators in 55 of the Maintenance Courts.
The Act generally promotes transparency, accountability and effective governance of all public and private bodies. The Act, with the exception of a few sections, came into force on 9 March 2001.
Article 40(3) of the Convention on the Rights of the Child requires State parties 'to promote the establishment of laws, procedural authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law'. The Government, having ratified the Convention on the Rights of the Child in 1995, recognised that the situation regarding such children in South Africa was unsatisfactory, and decided to bring about change.
develop a system of review and monitoring for the system.
This Act aims, among other things, to regulate the interception of certain communications, the monitoring of certain signals and radio frequency spectrums, and the provision of certain communications-related information. The Act also regulates the making of applications for, and the issuing of, directions authorising the interception of communications and the provision of communications related information under certain circumstances.
It further provides for the execution of directions and entry warrants by law-enforcement officers and the assistance to be given by postal service-providers, telecommunications service-providers and decryption key holders in the execution of such directions and entry warrants.
provision is made for the appointment of a second Deputy President of the Supreme Court of Appeal.