The department's four national core branches are Court Services, Master of the High Court, Legal Advisory Services, and Legislative and Constitutional Development.
The National Prosecuting Authority (NPA) forms a separate programme on the department's Budget 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 stateattorney offices in Pretoria, Johannesburg, Cape Town, Bloemfontein, Kimberley, Port Elizabeth, East London, Thohoyandou and Durban to provide decentralised services.
the South African Human Rights Commission (SAHRC) promotes and monitors the observance of human rights in South Africa the Commission on Gender Equality (CGE) aims to create a society free from gender discrimination and any other forms of oppression the Public Protector investigates any alleged improper, unlawful or prejudicial conduct in state affairs or in public administration in any sphere of government.
the Special Investigating Unit (SIU) provides professional forensic investigating and litigating 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 (LAB) provides legal aid and representation to indigent people at the State's expense.
The department has received a further R1,9 billion to, among other things, increase court capacity, reduce case backlogs, modernise the integrated justice sector, and increase the statutory provisions for judges and magistrates' salaries over the next three years.
Between 2003/04 and 2009/10, the department's budget is expected to increase at an average annual rate of 13,6%, from R5 billion to R10,6 billion.
The department's total budget for the 2007/08 financial year was R8,5 billion. Some R2,9 billion was allocated to the Court Services branch, including R467 million to improve infrastructure. Some R1,8 billion was allocated to the NPA and R925 million went to the institutions.
The Constitution of the Republic of South Africa, 1996, is the supreme law of the country and binds all legislative, executive and judicial organs of the State at all levels of government.
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 homeland-based supreme courts, and will introduce 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.
There are 218 permanent judges and at any given time and also a fluctuating number of acting judges. There are 11 constitutional judges.
The SCA, situated in Bloemfontein in the Free State, is the highest court in respect of all other matters. It consists of the President and Deputy President of the SCA, and a number of judges of appeal determined by an Act of Parliament. The SCA has jurisdiction to hear and determine an appeal against any decision of a high court.
Decisions of the SCA 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. The SCA comprises 23 judges, including its president.
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, has a judge president and, if the Judge President so determines, one or more deputy judge presidents, and as many judges as the Judge President may determine from time to time.
There are also three local divisions: the Witwatersrand Local Division (Johannesburg), Durban and Coast Local Division (Durban) and South-Eastern Cape Local Division (Port Elizabeth). Judges in these courts preside over these divisions.
These itinerant courts, each presided over by a judge of the provincial division, periodically visit areas designated by the Judge President of the provincial division concerned.
The Land Claims Court and the Labour Court have the same status as the High Court. The Land Claims Court hears matters on the restitution of land rights that people lost after 1913 as a result of racially discriminatory land laws. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.
Decisions of the Constitutional Court, the SCA 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.
The Minister of Justice and Constitutional Development may divide the country into magisterial districts and create regional divisions consisting of districts. Regional courts are then established per province at one or more places in each regional division to hear matters within their jurisdiction. Unlike the High Court, at present, legislation limits the penal jurisdiction of the regional courts to serious criminal matters. By mid-2007, legislation was being considered to give regional courts civil jurisdiction as well. There are nine court presidents and 307 regional court magistrates.
It has also 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 limited resources in an equitable manner; and addressed 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 a regional court against the decision of a district court; only to the High Court.
By mid-2007, there were 366 magisterial districts and main magistrates' offices, 104 branch courts and 230 periodical courts in South Africa.
There were 1 912 magistrates in the country, including regional court magistrates.
In addition, full jurisdiction was conferred to courts in rural areas and former black townships that exercise limited jurisdiction and depend entirely on the main courts in urban areas to deliver essential justice services. Because this compels the poor to travel to main cities for judicial services, 24 of the 90 branch courts countrywide were to be converted during 2007/08 to hear, among other things, maintenance, domestic violence, deceased estates and children's court cases. An estimated seven million people will benefit from these courts.
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 an imprisonment of not more than three years 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.
Where, by any special provision of law, a magistrate's court has jurisdiction over an offence committed beyond the limits of the district or regional division, the court will not be deprived of such jurisdiction.
a warning or caution discharge. The sentencing of "petty" offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances, has become part of an alternative sentence to imprisonment. Where a court convicts a person of any offence other than one for which any law prescribes a minimum punishment, the court may, at its discretion, postpone the passing of sentence for a period not exceeding five years, and release the convicted person on one or more conditions; or pass sentence, but suspend it on certain conditions.
Community courts, like the Hatfield Community Court in Pretoria, are normal district magistrates' courts that assist in dealing with matters in partnership with the local community and businesses. These courts focus on restorative justice processes, such as diverting young offenders into suitable programmes.
The business community and other civil-society formations contribute significantly to the establishment and sustainability of these courts.
Thirteen community courts have been established. By mid-2007, four were fully operational and had been formally launched in 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).
Another Sars court operates twice a week at the Roodepoort Magistrate's Office. In 2005, a new tax court facility was opened in Megawatt Park, Sunninghill, Gauteng.
A family-court structure and extended familyadvocate services are priority areas for the department.
provide integrated and specialised services to the family as the fundamental unit in society facilitate access to justice for all in family disputes 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 171 maintenance investigators, creating 569 maintenance clerk and 83 legal intern positions, appointing 87 legally qualified maintenance officers to improve service delivery, and facilitating the development of Magistrates' Guidelines for the Implementation of Maintenance and Operation Isondlo.
Operation Isondlo, which the Department of Justice and Constitutional Development initiated in 2006/07, has led to many children's maintenance defaulters being traced, appearing in court and paying maintenance.
Many new applications have been received countrywide and the number of children receiving maintenance has increased.
Between January and February 2007 alone, 865 beneficiaries and defaulters were traced.
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 also 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 2006/07, 220 magisterial courts had designated equality courts and the remaining 146 magisterial districts were expected to be designated in the first quarter of 2007/08. Section 16(1)(a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 provides that every high court acts as an equality court for its area of jurisdiction. To support the effective functioning of equality courts, 139 permanent equality clerk posts were created and over 1 290 magistrates and 300 clerks of court were trained in equality matters. By July 2006, there were 156 small claims courts throughout the country. The Commissioner of Small Claims is usually a practising advocate or attorney, a legal academic or other competent person, who offers his/her services free of charge.
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. Funding from the Swiss Development Agency has enabled the Small Claims Court Project Office to be set up to manage the National Plan of Action aimed at re-engineering small claims courts and specifically addressing issues of training for commissioners and clerks.
A key aspect of the transformation of the justice system concerns the department's key strategic partners and stakeholders. The considerable effort put into transforming prosecution and allied services into a prestigious professional force, in accordance with the Constitution, is paying off.
By mid-2007, 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 lowercourt judiciary, of the 1 912 magistrates, 47% were white, 38% African, 7% coloured and 8% Indian. Overall, 31% were female and 69% male.
The transformation of the judiciary is closely linked with the transformation of the legal profession and of legal scholarship. The Department of Justice and Constitutional Development 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.
ensure the relevance of the training they offer to the practical demands of the profession expose students, especially those from previously disadvantaged communities, to the profession and vice versa to facilitate professional training prospects engage the legal profession in the evolution of a new legal system that fully expresses the constitutional and cultural aspirations of the new dispensation.
The department assists law graduates through its internship programme, which also provides research training to give much-needed assistance to state legal officers, prosecutors, public defenders, the judiciary and the magistracy.
To boost youth development, by mid-2007 the department had employed 134 young interns and placed 69 of them in Court Services, 35 candidate attorneys with the State Attorney on two-year contracts, while 15 were employed as legal secretaries and two as state law advisers. The department planned to employ 100 law graduates at the law clinics of various universities in 2007/08, to grow the pool of potential recruits and offer them a chance to gain invaluable experience.
Transformation of the legal profession includes making judicial services 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.
By mid-2007, the Judicial Service Commission (JSC) Amendment Bill and the Judicial Education Institute Bill were served before Parliament.
The proposed South African Judicial Education Institute Bill will, for the first time in history, introduce a state-sponsored judicial education programme for judges. The proposed Judicial Education Institute will provide training for both judges and magistrates.
The JSC Amendment Bill will enhance the accountability of judicial officers.
Other bills identified for priority introduction in 2007/08 included the Child Justice Bill, 13th Constitutional Amendment Bill, the Reform of Customary Law of Succession Bill and the National Prosecution Amendment Bill.
The department was also finalising a consolidated policy framework document to address other outstanding aspects relating to the transformation of the judicial system. These include rationalising high courts, harmonising the appointment procedures for judges and magistrates, and addressing aspects relating to language usage in courts.
By mid-2007, the special project of selecting aspirant female judges had been completed. Twenty-three women were selected from the legal profession to undergo a specially designed judicial education programme, which commenced in June 2007.
Transforming the judicial system also includes transforming traditional courts. Traditional leaders are conferred criminal and civil jurisdiction to exercise judicial authority in respect of certain offences and claims. The conferment is by virtue of sections 10 and 20 of the Black Administration Act, 1927 (Act 38 of 1927).
Since the Act is not consistent with the current constitutional dispensation, it was repealed in November 2005.
Only sections 12 and 20, which deal with the establishment and functioning of traditional courts, were kept in operation until 30 September 2007. The extension allowed the department to formulate policy on the role of traditional leaders under a democratic dispensation, which would be followed by appropriate legislation to replace the repealed sections.
An interdepartmental task team, comprising officials of the departments of justice, of provincial and local government and of land affairs, was appointed to draft the required policy in conjunction with the national and provincial houses of traditional leadership.
The legislation was expected to be finalised in 2007/08.
Through its courts-turnaround strategy, such as the Re Aga Boswa (We Are Rebuilding) Project, the department seeks to enhance court efficiency. The project capacitates courts and institutionalises a new customer-focused court-management model ensuring that court managers are entrusted with managing courts, and that judges and magistrates invest more time in their judicial work. This will result in increased court hours and better-quality judgments.
Re Aga Boswa seeks to affirm the principle of the separation of powers as enshrined in the Constitution, to relieve magistrates and judges, who are also heads of courts, of administrative functions. This will enable them to concentrate on their judicial work, which is expected to lead to increased court productivity and improved quality of judgments.
By February 2007, 288 court managers had been appointed.
The roll-out of Re Aga Boswa integrated the implementation plan of the Justice, Crime Prevention and Security (JCPS) Service Charter for Victims of Crime, to ensure sufficient capacity to implement the charter. A dedicated telephone line was launched in 2005/06 to provide crime victims with direct access to the courts.
The Court Process Project (CPP) 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 National Anti-Rape Strategy was expected to be finalised in 2007 to deal with the management of gender-based violence.
The strategy will provide impetus to the work being done to reduce gender-based violence, improve reaction in cases of gender-based violence, and improve support for victims and witnesses in cases of gender-based violence.
Rationalising high courts and redemarcating magisterial districts form part of the restructuring programme.
By mid-2007, a process to redemarcate magisterial boundaries to align them with municipal boundaries was under way.
The department is responsible for developing and monitoring processes and systems, which include case-flow management (CFM) that facilitate efficient and effective court and case management.
It has developed and facilitated the implementation of a court-management policy framework and uniform performance standards to enhance institutional performance. It is also responsible for providing effective and responsive management and administrative support for the judicial decision-making process within the court environment.
As a service-delivery improvement programme, the CFM project seeks to introduce institutional arrangements for integrated CFM in the court system. Given the broad and large sector of the justice system, this will be done incrementally over several years.
Establishing judicial leadership through CFM. In this regard, integrated CFM guidelines were developed and implemented.
Re-engineering CFM support structures in the courts to respond adequately to the CFM system.
E-Scheduler By March 2007, E-Scheduler - a case-management system providing case-management information to enhance case planning and scheduling - had been implemented in more than 200 courts and was being rolled out to all district courts in the country. The target date for completion of the roll-out was July 2007.
The system seeks to modernise the court system through greater use of information technology (IT). It allows the user to generate information on the courts that indicates at which stage the case is, including the case number, first appearance, last postponement date and the number of days per case.
Through the system, the courts can now identify and address backlogs and blockages. The Justice Deposit Account System helps to improve the management of all cash payments into and from the courts. This includes managing maintenance and bail monies.
Video-remand system By mid-2007, the pilot was still in place in KwaZulu-Natal and over 15 months, 4 899 remands were concluded without the detainee leaving the correctional facility. The system adds tremendous value to the process of conducting remands and ensuring that cases using the system are turned around faster. The video-remand system will be implemented in the top 40 courts, and will be aligned to the 169 contact crime priority police stations and linked to the correctional centres housing the remand inmates.
Remand Detention Project This system is meant to reduce risks imposed by awaiting-trial detainees (ATDs) on public safety while improving compliance with constitutional imperatives in terms of access to basic services like education, health and other social services for those regarded as innocent until proven guilty.
Digital Court Recording System (DCRS) The DCRS replaced the analogue system in all 164 high-court rooms. By mid-2007, 1 058 machines had been installed.
Document Management System By mid-2007, the analysis of the process flow of documents to support an automated process of filing, archiving and retrieving files in the court environment had been finalised in five courts. The recommendations were expected to conclude the development of the system.
Scanning solution A scanning solution is linked to the E-scheduler system and provides for scanning all incoming cases, case dockets and charge sheets. Some 300 scanners have been procured and installed in various courts throughout all provinces.
Transcription services New transcription service-providers have been appointed per province to enhance transcription services.
Each province's regional office will facilitate actual implementation of these new systems. This will see cases being managed better and the clients of the court getting quicker results.
The National Backlog Project was implemented to reduce the high volume of backlog cases on court rolls, and to improve the efficient and effective functioning of the courts. Additional courts were established to assist in decreasing the backlog of cases. Various new regional-court posts were created and filled, which helped decrease case backlogs.
Section 179(1) of the Constitution established a single NPA, which consists of the National Director of Public Prosecutions (NDPP), who is the head of the NPA, the DPP and prosecutors as determined by an Act of Parliament.
The NPA structure includes the National Prosecutions Service (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 (Soca) Unit, the Specialised Commercial Crime Unit (SCCU), the Priority Crimes Litigation Unit (PCLU) and the Integrity Management Unit.
The objective of the DSO is to prioritise, investigate and prosecute serious and organised crime that threaten the South African democracy and economy.
This includes complex financial crime, syndicated organised crime and high-level corruption affecting business integrity and state administration. The core business of the DSO has been layered by a selection of investigations, where racketeering, money laundering and the forfeiture of the proceeds of crime form the main activities.
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.
The AFU was created in 1999 in terms of the Prevention of Organised Crime Act, 1998. The AFU can seize and forfeit property that was bought with the proceeds of crime, or property that has been used to commit a crime.
develop the law by taking test cases to court and creating the legal precedents necessary to allow for the effective use of the law build capacity to ensure that asset forfeiture is used as widely as possible to have a real effect in the fight against crime.
In 2007, the AFU deposited some R120 million in the special account for fighting crime, with R77 million paid out in 2006 towards centres for battered women and to boost the capacity of the South African Police Service (SAPS), the NPA and Sars to deal with crime.
The SIU is an independent statutory body that is accountable to Parliament and the President. It was established to conduct investigations at the President's request, and to report to him on the outcomes thereof. It receives its budget through the Department of Justice and Constitutional Development.
The SIU was created in terms of the SIU and Special Tribunals Act, 1996 (Act 74 of 1996). The SIU was initially headed by former Judge Willem Heath, who resigned in June 2001 after the Constitutional Court ruled that a judge could not head the SIU.
The SIU then formally ceased to exist. A new SIU was established in July 2001 through a presidential proclamation.
The SIU functions in a manner similar to a commission of inquiry, in that the President refers cases to it by way of a proclamation.
serious maladministration concerning the affairs of any state institution improper or unlawful conduct by employees of any state institution unlawful appropriation or expenditure of public money or property any unlawful, irregular or unapproved acquisitive act, transaction, measure or practice that has a bearing on state property intentional or negligent loss of public money or damage to public property corruption in connection with the affairs of any state institution unlawful or improper conduct by any person who has cause to or may cause, serious harm to the interest of the public or any category thereof.
The SIU can also take civil action to correct any wrongdoing it uncovers during an investigation.
stop transactions or other actions that were not properly authorised. The SIU conducts civil litigation through the Special Tribunal, a specialised court that deals specifically with its cases. This avoids some of the delays usually associated with civil litigation in the ordinary civil courts.
The focus of the SIU is the public sector, but it also deals with private-sector accomplices. It investigates private-sector matters that cause substantial harm to the interest of the public.
As the focus of the SIU is on civil litigation, it does not have the power to arrest or prosecute suspects. When it uncovers evidence of criminal activity, it hands a court-ready docket to the SAPS and/or the DSO (Scorpions).
The SIU also works closely with the NPS, the core prosecuting division of the NPA, and other attached divisions, such as the SCCU in the case of fraud and other related matters, and the AFU in cases where the powers of this unit are more suitable for recovering the proceeds of crime.
Generally, the SIU works closely with other relevant enforcement agencies, ensuring greater effectiveness in dealing with corruption cases.
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, gender-based violence, maintenance and child justice developing and implementing communityawareness programmes and plans for the participation of non-governmental organisations (NGOs) in 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 Department of Justice and Constitutional Development, together with the SAPS and the departments of social development and of health, has established several Thuthuzela care centres for victims of sexual offences.
The Thuthuzela care centres are 24-hour onestop service centres where victims have access to services that include police, counselling, doctors, court preparation and prosecutors.
The main objectives of these centres are to eliminate secondary victimisation, to reduce casecycle time and to increase convictions. Specially trained police investigators, medical personnel, community volunteers, social workers and prosecutors work together.
They ensure that the victim is not further traumatised in the process of reporting the incident, and that the information needed to secure a prosecution and conviction is passed seamlessly from one person to another.
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). By June 2007, there were 10 such centres.
Through Project Ndabezitha, Soca successfully trained 104 traditional leaders from five provinces on managing domestic violence in rural areas.
The PCLU manages and directs investigations and prosecutions of priority crimes, including contraventions of nuclear, chemical, biological and conventional-arms control legislation; and tracing missing persons arising from the Truth and Reconcilition Commission (TRC).
Regarding missing persons, by mid-2007, 36 exhumations and 20 reburials had been conducted.
The unit has also been engaged with various cases dealing with mercenary activities and nuclear proliferation.
Intermediaries act as buffers against hostile and potentially protracted cross-examinations of child witnesses in an open court, especially in cases of sexual victimisation. Most intermediaries are social workers by profession, and fulfil their intermediary functions part-time or as volunteers.
The Draft Criminal Law (Sexual Offences) Amendment Bill aims to provide intermediaries to all vulnerable witnesses in sexual-offence cases, where appropriate.
The Criminal Law (Sexual Offences and Related Matters) Amendment Bill reached an advanced stage of promotion in the parliamentary process during 2006. The Bill aims, among other things, to comprehensively and extensively review and amend all aspects of the law relating to sexual offences, and to deal with all legal aspects of or relating to sexual offences in a single statute. The provisions of the Compulsory HIV-Testing of Alleged Sexual Offenders Bill, 2003 were also incorporated into the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. These provisions aim to provide a speedy and uncomplicated mechanism whereby a victim of a sexual offence can apply to have the alleged sex offender tested for HIV and have the test results disclosed to him or her.
The NPS performs the core function of the NPA, namely, instituting criminal proceedings on behalf of the State, and carrying out any necessary functions incidental to instituting and conducting criminal proceedings.
It has to ensure the 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 SCCU 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. The SCCU continues to achieve an above-average conviction rate.
In 2006, the number of offenders sentenced for economic crimes reached the lowest number in six years, with a 34% decline to 21% of the total offender population.
Instead, it 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 school-going children; medical expenses; etc.
By mid-July 2007, the Witness Protection Unit (WPU) had completed the review of the draft United Nations (UN) guidelines on the matter of witness protection. Officials of the International Criminal Court (ICC) received training in witness-protection best practices. South Africa assisted Kenya in establishing a WPU structure following their introduction of witness-protection law. Cabinet is considering requests for similar assistance from other African countries.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney.
the Act, are exempted from service under articles or clerkship. However, such persons must satisfy the society concerned that they have at least five years' appropriate legal experience.
State law advisers give legal advice to ministers, government departments, provincial administrations and a number of statutory bodies. In addition, they draft Bills and assist the minister concerned with the passage of Bills through Parliament. They also assist in criminal and constitutional matters.
State attorneys draft contracts for the State and also act on behalf of elected and appointed officials in the performance of their duties, e.g.
The Service Charter for Victims of Crime, approved by Cabinet, 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' material or emotional needs.
The Department of Justice and Constitutional Development is one of the five core departments in the JCPS Cluster that has been tasked with implementing the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See Chapter 16: Safety, security and defence.
Following government's approval of the NCPS in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the JCPS Cluster in a co-ordinated manner.
The IJS, approved in 2002, aims to increase the efficiency and effectiveness of the entire criminal justice process by increasing the probability of successful investigation, prosecution, punishment for priority crimes and ultimately rehabilitation of offenders. A second version of the IJS was published in May 2003.
Issues receiving specific attention include overcrowding in prisons and awaiting-trial prisoner problems, as well as bail, sentencing and pleabargaining.
Government wants to eliminate duplication of services and programmes at all levels. The need for strategic alignment of cluster activities has also been raised at a series of other governmental meetings and forums.
joint strategic planning and a planned approach instead of simply reacting to problems. The JCPS has structured itself to focus on two main areas of responsibility, namely operational and developmental issues relating to the justice system, and improving the safety and security of citizens.
This includes establishing proper governance structures, effective monitoring mechanisms based on proper review findings, and the integration and automation of the justice system.
While each department within the JCPS Cluster must have its own IT plan to achieve its specific vision, mission and objectives, the IJS Board coordinates the broader and shared duty to integrate information flow throughout the CJS.
Implementing relevant legislation and enabling policy, for example, accelerating the finalisation of the Child Justice Bill. The Sexual Offences Bill, which among other things, broadens the definition of sexual assault, was passed by Parliament in May 2007.
Prioritising child justice and all cases involving children, especially those children in prison awaiting trial.
This programme aims to improve services rendered to crime victims.
The Service Charter for Victims of Crime is expected to go a long way towards assisting crime victims.
CFM 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.
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 and 1 089 in January 2007.
The E-Justice Programme supports the fundamental reforms necessary to establish a more fair, accessible and efficient justice system in South Africa.
The programme aims 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 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.
and Financial Administration System Project. The E-Justice Programme is funded mainly by the Justice Vote and supplemented with donor funding from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
With the completion of the DNS III Project in March 2007, 554 sites were deployed and 14 000 users trained. This is expected to substantially enhance service delivery at suboffice level.
The Legislative and Constitutional Development Branch of the department administers the Constitution and over 160 principal Acts. The branch is also responsible for researching, developing and promoting supporting legislation, reflecting the basic constitutional ideals which facilitate a justice system that is simple, fair, inexpensive and responsive to the needs of the diverse communities in South Africa.
The branch consists of four main components, namely, the research activities of the South African Law Reform Commission (SALRC), the Secretariat for the Rules Board for Courts of Law, a legislativedevelopment component and one for constitutional development.
The branch's Legislative-Development Component researches, develops and promotes appropriate legislation affecting the department's line functions.
It is also responsible for promoting, implementing, maintaining and developing the Constitution and its values.
The component is also responsible for assisting and protecting certain chapter nine institutions such as the Public Protector, the SAHRC and the CGE to ensure their independence, impartiality, dignity and effectiveness.
In 2006, the department, among other things, promoted the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Act, 2006 (Act 8 of 2006), which extended the statutory deadline contained in the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 (Act 28 of 2005).
The Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 brings about an incremental repeal of the Black Administration Act, 1927 and further amends the Administration of Estates Act, 1965 (Act 66 of 1965), so as to give the Masters of the High Court jurisdiction over the property of all minors, including those who are governed by the principles of customary law.
The Civil Unions Act, 2006 (Act 17 of 2006), which is transformative and promotes access to justice, was implemented in November 2006 and provides for same-sex marriages.
The Regulation of Interception of Communications and Provision of Communications-Related Information Amendment Bill, 2006 was introduced into Parliament during 2006.
The Bill aims to provide for the electronic capturing of the personal particulars of cellphone and SIM-card holders, replacing the current paperbased system. The Bill will contribute to the fight against crime and enhance organisational efficiency.
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.
In the past 10 years, state law advisers certified 610 Bills, passed by Parliament. These Bills have dealt with complex social, political and economic issues. During the same period, they provided the executive with 6 679 opinions, international agreements and subordinate legislation.
Research conducted in the Office of the Chief State Law Adviser suggests that the division saved the State about R92 million in private legal fees in 2006.
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 Chief Directorate: International Legal Relations 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/bodies/ institutions.
The chief directorate is involved in direct liaison and negotiations at administrative and technical level with foreign states to promote international legal co-operation, and for the possible conclusion of extradition and mutual legal-assistance agreements.
The chief directorate also aims to establish greater uniformity between the legal systems of southern African states, especially the Southern African Development Community (SADC).
The chief directorate co-ordinates human-rights issues at international level under the auspices of the 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 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/ international bodies preparing Cabinet and Parliament documentation for the ratification of humanrights treaties, including report writing processing requests for extradition, mutual legal assistance in criminal matters, interrogatory commissions and service of process processing requests for maintenance in terms of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963).
As required by the Rome Statute of the ICC, South Africa promulgated the Implementation of the Rome Statute of the ICC Act, 2002 (Act 27 of 2002).
The Master of the High Court is involved with the administration of justice in estates of deceased persons and those declared insolvent, the liquidation of companies and close corporations, and the registration of trusts.
Each year, the value of estates under the supervision of the masters' offices amounts to about R18 billion. This includes about R4 billion in the Guardians' Fund.
control the administration of deceased and curatorship estates control the administration of insolvent estates and the liquidation of companies and close corporations control the registration and administration of both testamentary and inter vivos trusts manage the Guardian's Fund assess estate duty and certain functions with regard thereto accept and take custodianship of wills in deceased estates act as an office of record.
In 2005, legislation to repeal the Black Administration Act, 1927 was finalised. This decision implied that the Master of the High Court takes over the powers of supervision in all deceased estates, and that all estates have to be administered in terms of the Administration of Estates Act, 1965, as amended.
All intestate estates must be administered in terms of the Intestate Succession Act, 1987 (Act 81 of 1987), as amended. This will ensure that all South Africans are treated equally, and that the dignity of each person is respected.
There are masters' offices in Bhisho, Bloemfontein, Cape Town, Durban, Grahamstown, Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Mthatha.
On 26 December 2004, the Mental Healthcare Act, 2002 (Act 17 of 2002), came into operation, repealing the Mental Health Act, 1973 (Act 18 of 1973).
The new Act provides that where a person falls within the ambit of this Act, the Master can appoint an administrator to handle the affairs of the person. The administrator, in this instance, replaces the appointment of a curator, as was done in the past.
In terms of the Prevention of Organised Crime Act, 1998, the Master also appoints curators in these estates to administer the assets of persons and legal entities attached by the AFU, in terms of a court order.
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.
In the past 10 years, there has been a dramatic increase in the size of the fund, which grew by more than R2 billion over that period.
The Rules Board for Courts of Law was established by the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), to review the rules of court and to make, amend or repeal rules, subject to the approval of the Minister of Justice and Constitutional Development.
The Rules Board Secretariat provides secretarial and administrative support to the board. The secretariat also conducts research into the rules of court.
Training is integral to the department's efforts to widen and improve citizens' access to justice, enable the department to meet its strategic objectives and empower employees to heighten their performance. 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.
Training interpreters is a departmental priority. The college continues presenting courses that focus on complex concepts including, but not limited to, environmental crimes; cyber crimes; the National Credit Act, 2005 (Act 35 of 2005); and developing terminology in indigenous languages. The college is developing curricula on crosscutting, non-legal, but essential training programmes, such as management and leadership, project management, service excellence and general administrative training.
The role of the Family Advocate is to assist the courts in establishing the best interest of minor children in civil legal disputes involving such children.
The Family Advocate derives its duties and obligations from the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), and other related legislation. In certain instances, the Family Advocate also assists the courts in matters involving domestic violence and maintenance.
The Office of the Chief Family Advocate is the designated central authority regarding the implementation of the Hague Convention on the Civil Aspects of International Child Abduction, to which South Africa became a signatory in 1996.
Under this Act, the Chief Family Advocate assists in securing the return of, or access to, children abducted or unlawfully retained by their parents or caregivers.
By mid-2007, the LAB had completed the roll-out of a national infrastructure of four regional offices, 58 justice centres, 35 satellite offices and 13 highcourt units. It employs more than 1 700 staff of whom more than 1 300 are legal professionals.
The LAB continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is done through a system of in-house outsourcing to private lawyers (a system of judicare) and co-operation partners.
With its national infrastructure in place, the LAB focuses on improving access to clients and communities, and on improving the quality of delivery of legal services.
The LAB and SAPS are working on systems that will allow legal-aid applications to be submitted electronically from police stations, to facilitate access to legal representation and ensure that arrested people have legal representation when they first appear in court. This is expected to reduce delays caused by accused people having to find attorneys.
As a public defender in criminal matters, the LAB is important in defending indigent accused people and protecting children's rights. In 2006/07, the LAB defended and protected the interests of indigent and vulnerable people in some 400 000 cases, which was 15% more than the case load handled in 2005/06.
In 2007/08, R574 million was granted to the LAB to continue providing public defender services in courts across South Africa. This represented an additional R20 million allocated to the LAB for 2007/08, which will enable improvements in service delivery and increases to the legal services' capacity for service delivery at LAB centres countrywide.
The Public Protector was established in terms of Chapter Nine of the Constitution to strengthen constitutional democracy. The Public Protector investigates any conduct in state affairs or public administration (including national, provincial and municipal administrations, or government entities such as Eskom and Transnet) that is suspected to be improper or that results in impropriety or prejudice. The Public Protector may not investigate court decisions.
Despite the high-profile cases involving politicians that have been investigated, most of the office's work involves complaints from people in townships, shack dwellers and those in rural areas who are struggling to access services to which they are entitled.
Some of the cases investigated include long delays in pension payouts from government and parastatals; the adverse impact of a decision or policy on individuals, institutions or groups; denial of access to information, and insufficient reasons provided for a decision taken.
With a staff complement of about 200, the Public Protector resolves about 17 000 cases per year. The bulk of the cases are resolved within three months.
The Public Protector's services are free and available to anyone who has a complaint. Complainants' names are kept confidential as far as possible.
The President appoints the Public Protector on recommendation of the National Assembly and in terms of the Constitution for a non-renewable period of seven years. The Public Protector is subject only to the Constitution and the law, and functions independently from government or any political party. No person or organ of state may interfere with the functions of the Public Protector.
The Public Protector has the power to report a matter to Parliament, which will debate it and ensure that the Public Protector's recommendations are followed.
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.
advising ministers and state departments on proposed legislation and recommendations. The commission's investigation into statutory law revision is one of considerable magnitude that Cabinet has endorsed. It requires scrutiny of all post-1910 legislation for purposes of identifying unconstitutional, redundant and obsolete provisions.
As part of the investigation, the Discussion Paper on the Review of the Interpretation Act, 1957 (Act 33 of 1957) was published for general information and comment in October 2006.
An investigation into Hindu marriages from a constitutional viewpoint is also conducted as part of statutory law revision.
Another crucial issue that the commission is investigating is human trafficking. The commission's investigation aims to develop legislative measures to counter trafficking in persons.
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 SCA. The President appoints other judges on the advice of the JSC. Professional bodies and members of the public have the opportunity to comment prior to the interviews or to make representations concerning the candidates to the commission.
Civil-Society Advocacy Project.
The SAHRC is made up of two sections: the commission, which sets out policy; and a secretariat, which implements policy. The Chairperson is overall head, and the Chief Executive Officer is head of the Secretariat, accountable for the finances of the SAHRC and responsible for the employment of staff.
As set out in Section Five of the Human Rights Commission Act, 1994 (Act 54 of 1994), the SAHRC has established standing committees to advise and assist it in its work. The SAHRC appoints the members of the standing committees, each of which is chaired by a commissioner.
The SAHRC has also established provincial offices to ensure its services are widely accesible.
The objectives of the Education and Training Subprogramme are to conduct training workshops, seminars, presentations, and capacity-building programmes on equality, economic and social rights, promotion of access to information and other focus areas of the SAHRC. The SAHRC continues its collaboration with the SADC region.
The SAHRC has developed the communityoutreach initiative, "Omnibus". The Omnibus encompasses a range of educational interventions ranging from workshops, seminars, presentations, site visits and walkabouts to widespread campaigns, events and advocacy initiatives. The annual Human Rights Week Campaign, built around Human Rights Day on 21 March, continues to be convened and organised under this subprogramme.
This subprogramme implements the commission's protection mandate and deals primarily with complaints of human-rights violations in pursuance of redress, monitoring the agencies of the justice system and submitting recommendations, and conducting hearings and public inquiries.
This subprogramme implements the commission's monitoring and assessment of the observance of the human-rights mandate. It has three components: the Equality Unit, the Economic and Social Rights Unit and the Library.
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.
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.
The TRC was dissolved in March 2002 by way of proclamation in the Government Gazette. The TRC handed its final report to the President in March 2003.
The TRC made recommendations to government in respect of reparations to victims and measures to prevent the future violation of human rights. In keeping with the presidential mandate given on 15 April 2003 in Parliament, the TRC Unit was established in the Department of Justice and Constitutional Development in September 2005, with a view to audit, monitor and co-ordinate the implementation of the TRC's recommendations and render victim-support services.
The TRC Unit works closely with the President's Fund, which is located in the Office of the Chief Financial Officer in the Department of Justice and Constitutional Development. The President's Fund has been giving effect to the payment of both urgent interim reparations and the once-off individual grants of R30 000 each to the 16 837 victims who applied for reparations and were approved by the TRC.
By March 2007, 15 610 beneficiaries had received reparations. Of the 1 227 still to be paid, 357 were deceased and 260 were in the process of being paid.
By March 2007, R50 million had been paid in respect of urgent interim reparations and R469 million in respect of once-off individual grants, amounting to a total of R519 million.
The TRC Unit's activities also include the engagement of TRC-identified victims and organisations representing victims, as well as the drafting of an exhumation policy in respect of missing-person cases reported to the TRC. In respect of the exhumation process, the TRC Unit has rendered assistance to affected families regarding applications for reparations and special pensions (where relevant) and obtaining death certificates. The Department of Justice and Constitutional Development has also made ex gratia payments of R15 000 each to contribute towards reburial costs.
Efforts in this regard have included awareness campaigns via the print and electronic media. The Government Communication and Information System is also conducting door-to-door campaigns via its regional structures.
The unit was facilitating the drafting of regulations to enable access to the monies in the President's Fund, in accordance with the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995). The remaining monies in the fund will be used to implement broader reparation programmes, including community rehabilitation.
The department facilitates the correcting of offending behaviour and is responsible for the general development of all offenders as part of their rehabilitation, including those subject to community corrections.
In pursuing these objectives, the department launched the White Paper on Corrections in 2005 that embodies its long-term strategic policy and operational framework.
The White Paper promotes corrections as a societal responsibility and it puts rehabilitation at the centre of all its activities.
The six service-delivery areas the department has identified in relation to offenders are security, facilities, correction, development, well-being and social reintegration.
The department received R10,74 billion in 2007/08 and increased its staff complement from 36 311 in 2005/06 to 41 406 in 2006/07, with a target of reaching 45 674 by the end of 2009/10. This represents a 25,79% increase and the provision of 9 363 more jobs within five years.
Surpassing its employment target of 8 311 additional employees as part of it implementing the seven-day working week scheduled to kick off in April 2008. In addition to the thousands of new recruits, 752 new positions were created as part of the ongoing alignment of the department's structures with the White Paper on Corrections.
A standardised framework for providing comprehensive care programmes in the department's 36 centres of excellence (CoEs) was implemented by training six master trainers, 27 chaplains, 100 spiritual-care workers and 40 external service-providers.
The department implemented the National Curriculum Statement for Grade 10 in its CoEs in 2006/07, as part of rehabilitation. By mid-2006, the department was registering all its youth centres as full-time schools to ensure the transformation of CoEs into rehabilitation centres providing education, knowledge and information.
The department's partnerships with the SIU and the DSO delivered good results in its fight against corruption and fraud. Twenty-seven medical practitioners were investigated and 16 appeared in court, resulting in one conviction and over R316 million recovered, together with savings in medical-aid claims of more than half a billion rand. The Code Enforcement Unit of the department concluded 60 hearings and registered a 92% conviction rate.
In 2006, the department developed the Compliance Improvement Plan aimed at enhancing compliance with internal controls, policies and procedures.
The department is accelerating access to antiretroviral (ARV) treatment by offenders. Eight correctional centres were accredited as ARV sites in 2006 and the ninth in early 2007.
The department is reducing the number of children in custody by transferring them to secure-care facilities and emphasising alternative sentencing options. At the end of 2006/07, there were 1 149 children in correctional centres. This number was reduced by 187 during 2007.
Altogether, 1 804 youth offenders in four regions are involved in the President's Awards Programme. The programme focuses on developing leadership skills, self-awareness, self-discipline, entrepreneurship and community service among young offenders, as part of the department's rehabilitation aims.
The department has aligned itself with the aims of the Accelerated and Shared Growth Initiative for South Africa's procurement programmes, thereby engaging more local small and mediumsized producers and suppliers.
The Electronic Management Information System for offender-skills development was developed and tested. The system was expected to be implemented in 2007/08.
In mid-2006, the department developed a social reintegration framework that seeks to optimise stakeholder participation and strengthen family relations, while improving the management of rehabilitation programmes outside correctional centres. The Social Reintegration Programme is expected to improve the implementation of diversion programmes, non-custodial sanctions for offenders who pose limited danger to society, and the role of society in preventing crime and in correcting offending behaviour. The budget for social reintegration increased by 9,15% (from R313,3 million in 2005) to R342 million in 2006.
The Offender Rehabilitation Path (ORP) is a ninephase programme that seeks to re-engineer the department's offender-management approach to become needs-based and informed by an offender's life cycle. Each stage demands different interventions by the department and other players in government and society.
focusing on the management of probationers, who are directly placed under community corrections by courts.
The Correctional Sentence Plan and its revision framework were finalised in 2006/07 in consultation with offenders to establish their needs. The sentence plan will include the implementation of six programmes aimed at addressing offencespecific crimes resulting from aggressive behaviour, sexual offences and substance abuse.
In addition, all offenders due for release will be progressively compelled to undergo the pre-release programme designed to prepare them for social reintegration.
For the roll-out of care programmes aimed at the personal well-being of offenders, inclusive of healthcare; social-work services; and spiritual, moral and psychological services; the department has been allocated an annualised increase of 8,7% over the Medium Term Expenditure Framework (MTEF), reaching R1,5 billion by 2009/10. Part of the increase is the additional allocation of R17 million aimed at improving health professionals' salaries following extensive discussions with the departments of public service and administration, and of health.
The allocation will be increased to R19 million and R47 million in 2008/09 and 2009/10 respectively.
86 correctional centres for both male and female offenders. In centres where men, women and juvenile offenders are accommodated, women and juvenile offenders are housed in separate designated sections.
Over the past six years, the department has reduced overcrowding by an average rate of 4,77% per year.
With mandatory sentences, the category of offenders serving 10 to 15 years increased by over 12% from 45% in 2000 to 57% of the total offender population in 2006.
By March 2007, South Africa's correctional centres, which collectively have an accommodation capacity of 115 327 inmates, housed 161 023 inmates.
Overcrowding was about 40% (45 696 people), meaning that the country's correctional centres were 140% full. Of the total offender population, 48 228 inmates were awaiting trial. The average cost of incarceration is estimated at R123,37 a day.
The department is implementing an eightpronged strategy to address overcrowding.
encouraging community involvement in the social reintegration of offenders back into their communities to assist in reducing levels of repeat offending.
These measures have started to pay off, resulting in overcrowding being reduced consistently by 4, 77% a year, reaching 15,72% and 10% reduction rates respectively in the past two years. The amount of bed space has increased through renovations, limited expansions and recommissioning, while ATDs have been reduced by 22% through the integration of the CJS as a whole.
The construction of one of three new-generation correctional centres in Kimberley is under way and due for completion in November 2008. By mid2007, construction at Klerksdorp and Nigel was due to start. Similar facilities are to be built in the Eastern Cape, Western Cape and KwaZulu-Natal. Construction of another three new-generation correctional centres in Paarl, East London and Port Shepstone respectively, announced in 2006, is expected to start in 2008. The five new-generation correctional centres will have 3 000 beds each.
In 2006, Cabinet mandated the department to lead a project of re-engineering the Management of Awaiting-Trial Detention (MATD) system in South Africa.
The scope goes beyond addressing the congestion of facilities and includes ensuring that all provisions of the Constitution, legislation and international protocols applicable to unsentenced inmates are applied.
The task team members are from the departments of justice and constitutional development, of home affairs, of social development and the SAPS.
As a result, the Department of Correctional Services has established a directorate to drive the development of appropriate policies and procedures, identification of correctional centres for use as pilot remand-detention facilities in each region, as well as the development and implementation of a synchronised cluster programme of action aimed at meeting short- to long-term strategic needs in managing ATDs.
Of the 158 859 inmates in June 2007, 44 507 were ATDs, which put significant strain on already congested facilities. Those who were awaiting trial represented almost 30% of the total offender population.
The MATD system aims to reduce risks imposed by ATDs on public safety while improving compliance with constitutional imperatives in terms of access to basic services such as education, health and other social services for those regarded as innocent until proven guilty.
optimising the use of technology, including the tracking and electronic monitoring of the accused so that, where appropriate, noncustodial options are also used to reduce overcrowding ensuring an integrated informationmanagement system across the CJS to assist with decision-making.
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 creating and maintaining an environment characterised by a significantly low prevalence or absence of inmate abuse, violence, corruption and negligence.
The department has implemented various measures aimed at combating escapes.
the optimal use of existing security aids and equipment continued evaluation of security directives upgrading personnel training taking disciplinary action against negligent personnel rewarding offenders who report or warn of planned escapes installing electronic fences and X-ray scanners in high-risk prisons. By implementing national and regional escapeprevention strategies, the department succeeded in reducing the number of escapes from 113 in 2005/06 to 93 in 2006/07. The number of escapes decreased by 67% between 2002/03 (281 escapes) and 2006/07.
The department has created a culture of security awareness among its staff. All managers are involved in monitoring and ensuring adherence to security policies and procedures, through strict supervision, control mechanisms and disciplinary action against negligent officials.
The department is rolling out a biometric security system and state-of-the-art fencing with CCTV monitors.
Source: Department of Correctional Services fingerprinting system to manage inmate visitations. Some R300 million has been allocated over the MTEF.
personnel security and vetting security equipment security technology security information management operational security procedures.
The department assesses and profiles offenders to determine the risk they pose to the public, and to identify their rehabilitation and reintegration needs. Offenders are assessed upon admission to identify immediate risks and needs that require urgent intervention.
They are each subjected to a comprehensive assessment by a multidisciplinary team to work out a sentence plan. The information from the comprehensive assessment is then analysed to compile a profile of the offender.
These interventions aim to determine risks of reoffending and to prepare offenders for reintegration into society. The department also profiles the national offender population biannually to identify different types of offenders in its facilities for planning purposes and to identify trends.
Offenders undergo safe-custody classification upon admission to determine the level of security required to detain them. Offenders are classified according to high, medium and minimum security risk levels for placement in maximum-, medium- or minimum-security correctional centres or units.
Variables taken into account are the type of crime committed, the length of the sentence, previous convictions, current multiple offences (number), current multiple offences (categorisation), time lapse between current offence/s and previous convictions, history of violence (prior convictions) for violent offences within the last five years, escape history, age at admission on current sentence, motive/circumstances under which crime was committed, crime committed in gang-context/crime syndicate, and number of victims (human).
The safe-custody classification of all offenders is reviewed regularly, and if their behaviour or any other aspect affecting their security risk justifies it, reclassification takes place.
children/juvenile and youth ATDs between the ages of 14 and 25 sentenced children/juveniles and youths between the ages of 14 and 25 women, including women with children foreign nationals offenders with disabilities.
Section 7(2)(c) of the Correctional Services Act, 1998 (Act 111 of 1998), stipulates that children must be kept separate from adult offenders and in accommodation appropriate to their age, as young offenders are predisposed to negative influences.
The separation aims to provide distinctive custodial, development and treatment programmes, as well as spiritual care, in an environment conducive to the care, development and motivation of youths to participate and to develop their potential.
The nature of serious offences committed by ATDs and sentenced offenders under the age of 20 years is decreasing. A breakdown of the nature of the crimes of those in custody in March 2007 revealed that there were 4 042 offences of an economic nature, 6 160 aggression-related offences, 1 591 sexual offences, 154 drug-related offences and 445 for other crimes committed.
Of the crimes committed by 36 363 sentenced youths between the ages of 14 and 25, 19 848 were aggression-related, 9 858 of an economic nature, 4 704 sexual, 595 drug-related and 1 360 for other types of offences.
There are 13 youth correctional facilities in the country, namely Hawequa, Brandvlei, Drakenstein Medium B and Pollsmoor Medium A (Western Cape); Leeuwkop, Emthonjeni and Boksburg (Gauteng); Rustenburg (North West); Durban and Ekuseni (KwaZulu-Natal); Groenpunt and Kroonstad (Free State) and Barberton Prison (Mpumalanga).
The development and support of youth offenders form an essential part of their incarceration. The aim of rendering professional services (education, lifeskills, 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 society. The focus is on promoting and developing leadership qualities.
young offenders are motivated to actively participate in their own development and the realisation of their potential a culture and atmosphere where development prevails discipline and co-operation between officials and offenders, and among offenders, are fostered and maintained.
By May 2007, there were 1 149 children in correctional facilities, compared with 1 336 in 2006/07.
The department has aligned its Infants and Mothers Policy with the Children's Act, 2006 (Act 25 of 2006).
Mother-and-child units have been established in eight female correctional centres countrywide. By March 2007, there were 154 infants under the age of five in these units, which was less than the previous year's figure.
Policy stipulates that mothers and children be kept in separate units in the correctional centre, where the surroundings and facilities are complementary to the sound physical, social and mental care, and development of children. Those of crèche-going age attend crèche either in the centres where there are such facilities or at external facilities.
Infants are allowed to stay with their mothers only if no other suitable accommodation and care are available at that stage. It should also be regarded as a temporary measure. The policy recognises the right of the mother to have her infant with her during admission because it promotes a positive relationship between mother and child. The policy emphasises that the mother should be taught sound childcare practices to build her own self-esteem and self-confidence, 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 system consists of primary and secondary privileges. Primary privileges are aimed at retaining, maintaining or furthering family ties to, among other things, facilitate reintegration into society. These privileges are divided into A, B and C groups.
may be promoted or demoted to either the A or the C privilege group. Secondary privileges are aimed at leisure-time activities such as participation in sport and watching television. No sentenced offenders are allowed to receive food from outside prison or to use private electrical appliances.
The Department of Health views the healthcare of offenders as an important responsibility.
The service includes mental, dental and reproductive health, supplementary healthcare, health-promotion, and management of communicable diseases, including HIV, AIDS and sexually transmitted infections (STIs).
adherence to ethical codes by health professionals regular health inspections compliance with rules of confidentiality and privacy regarding the medical records of offenders continuous evaluation and upgrading of emergency medical services. The Department of Correctional Services provides a system in which offenders are treated in the same way as other patients in state facilities following PHC principles. Offenders in need of further healthcare are, as far as possible, treated in state hospitals.
The use of private hospitals for offenders is permitted in cases where public hospitals are unable to provide access to healthcare and only after approval by the Regional Commissioner of Correctional Services.
toilet and bathing amenities with hot water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment safe drinking water 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 on the prevalence of HIV and syphilis among inmates and staff. The results of the survey will inform the department's related programmes and policies.
The department is implementing the Comprehensive Plan on Prevention and Care of HIV and AIDS of the Department of Health, which includes providing ARV therapy to offenders who qualify for this treatment. Altogether, 47 438 HIV and AIDS awareness and health-education sessions were held with offenders in 2006/07.
The department is also collaborating with the Department of Health to assess identified correctional centres for accreditation as ARV therapy-providers. In March 2007, Kimberley Correctional Centre became the ninth accredited correctional location to roll out ARV treatment to offenders. The other eight ARV-accredited sites are Qalabusha, Durban-Westville, Pietermaritzburg, St Albans, Johannesburg, Grootvlei, Groenpunt and Kroonstad.
By the end of 2006, 2 323 offenders were receiving ARV therapy.
prevention, which involves the promotion of safe sexual practices, management and control of STIs, provision of condoms and access to voluntary counselling and testing treatment, care and support respect for human rights awareness campaigns and the commemoration of HIV and AIDS calendar events partnerships with other government departments, the private sector, NGOs and educational institutions peer-led education programmes to introduce behavioural changes among peers the appointment of employee-assistance practitioners to implement employee-wellness programmes.
Exceeding its target of 445 in 2006/07, the department trained 1 159 offenders and officials as peer educators to strengthen prevention initiatives.
The objective is to provide all offenders with three nutritious meals per day and to provide for therapeutic and special diets when they are prescribed by a medical doctor. The system also allows for religious and cultural diets.
To ensure compliance in this regard, a contract is negotiated with an external service-provider to provide balanced meals to offenders, and to train staff and offenders who work in the kitchens.
Rehabilitation aims to provide treatment and development programmes to offenders in partnership with the community. Participation in rehabilitation programmes enhances personal and social functioning, and prepares offenders for reintegration into society as productive, welladapted and law-abiding citizens.
Multidisciplinary teams, consisting of social workers, psychologists, chaplains, educators, correctional officers and others (the external community), address the basic needs of offenders with comprehensive assessments and various needs-based programmes.
raising the literacy rate within the prison environment engaging community organisations to assist with development programmes for offenders establishing training centres at large correctional centres, but also building capacity to deliver training programmes in smaller centres marketing rehabilitation programmes to offenders and the community promoting and implementing restorative justice principles to ensure the involvement of offenders, victims and the community in the rehabilitation process.
This is implemented by means of a multidisciplinary approach in which all role-players are involved, i.e. those concerned with custodial, training, educational, psychological, religious-care and social-work functions, recreational sport and library projects, as well as self-sufficiency and lifeskills programmes.
All offenders have the right to basic education. The aim is to enhance the education level of offenders so that their reintegration into society can be strengthened.
All formal education programmes are outcomesbased, needs-driven and meet the requirements of the National Qualification Framework. Offenders are given access to the General Education and Training, Further Education and Training (FET) and Higher Education and Training (HET) bands. Services are provided to sentenced offenders and ATDs, in collaboration with external partners such as government institutions, training institutions and NGOs.
computer-based training life-skills training and development entrepreneurial skills training. The main emphasis is on providing literacy and numeracy programmes, which include training in occupational, life and entrepreneurial skills. This should enhance the chances of the successful reintegration of the offender into society and labour market. During 2006/07, 102 000 offenders participated in sport, arts and culture programmes.
Participation in trade workshops and farming activities develops the employability of offenders and complements rehabilitation by providing offenders with skills.
The department uses the products and produce, sells to other departments (office furniture) and donates some to impoverished communities.
The department has 20 prison farms on about 40 000 hectares (ha) of which 6 386 ha are dry land, 2 040 ha are under irrigation, 20 885 ha are natural grazing and 9 937 ha are barren. In addition, the department has 116 vegetable gardens at smaller correctional centres.
The department produces a wide range of agricultural products that contribute to selfsufficiency. Milk, butter, broilers, eggs, beef, pork, venison, vegetables, fruit, maize-meal and fodder products (maize, silage, hay, etc.) for livestock are being produced.
Apart from the practical skills that an offender acquires while working on a farm, the department offers formal training with the assistance of instructors in the following courses, which are based on the syllabi of acknowledged external agricultural training centres: irrigation, vegetable cultivation, care for calves, operating milking machines, cattle care, operating tractors and maintaining fencing.
The department has 10 production workshops for wood and steel manufacturing. It also has 16 textile workshops for the manufacturing of clothing and bedding for offenders. Qualified production managers and technicians manage these workshops.
The workshops produce office furniture, benches, recreational equipment, student tables, broom handles, kitchen equipment, beds for offenders, cabinets, lockers, trailers, shirts, trousers and shoes.
Almost R3 million in revenue was generated in 2006 from selling products made in the workshops.
Qualified instructors give formal training and offenders receive accreditation from relevant training boards.
fitting and machining metal work cabinet-making wood machining garment manufacturing technical drawing machines materials. Every offender who completes the training is evaluated through an examination and is issued with a certificate, which is acknowledged by the labour market and the relevant sector education and training authority.
Psychological services are provided for sentenced offenders to improve their mental health and emotional well-being.
External registered psychologists can be contracted if a medical practitioner referred the offender for psychological treatment.
Offenders may see a private psychologist at their own expense.
Students who are studying towards their MA degrees in clinical or counselling psychology provide services without remuneration under the supervision of their respective universities. Following an agreement with the Department of Health, the department offers places for psychologists who need to complete their oneyear compulsory community service. This came into effect in January 2005 and has had a very positive effect on the psychological resources available in the department.
By May 2007, the department had 48 psychologists. It surpassed the 2006/07 targets of 15 500 by reaching 17 818 offenders.
Social-work services aim to provide professional services to help offenders cope more effectively with problems relating to their social functioning, and to prepare them for reintegration into society. Social workers employed by the department provide structured programmes on life skills, family care and marriage, alcohol and drug abuse, orientation, sexual offences, trauma, pre-release, and HIV and AIDS treatment.
In 2006/07, some 86 571 social-work sessions took place.
Spiritual-care services are rendered to offenders through needs-based programmes within a multidisciplinary context. This is done in partnership with churches or faith-based organisations (FBOs) to rehabilitate offenders and reintegrate them into society. It also aims to contribute to changing offenders' behaviour, based on a lifestyle which is in accordance with the acceptable values and norms of their faith.
Sentenced and unsentenced offenders, probationers, parolees and personnel (on an ad hoc basis) have access to spiritual-care services. The department employs full-time chaplains and parttime spiritual workers from various religious backgrounds.
The department is a member of the International Prison Chaplaincy Association. A working relationship also exists with FBOs like Prison Fellowship International, Alpha, New Life Behaviour Ministries and Kairos. Provision is made for offenders to observe the main religious festivals and holy days such as Ramadan, Passover, Good Friday and Christmas. Religious and spiritual literature, such as the Bible and the Qur'an, are supplied to offenders.
In 2006/07, 164 582 spiritual-care sessions took place against a target of 162 500.
CMCs at each correctional centre are responsible for ensuring a professional and co-ordinated approach towards the incarceration, treatment, training and development of all offenders.
This is implemented by means of a multidisciplinary approach in which all role-players are involved, i.e. those concerned with custodial, training, educational, psychological, spiritual-care and social-work functions; recreational, sport and library projects; as well as self-sufficiency and lifeskills programmes.
CMCs have statutory decision-making competencies regarding the safe custody of offenders, individual participation, subgroup and group programmes, as well as rewarding positive behaviour promptly.
In 2006/07, the department intensified the work of CMCs and the correctional supervision and parole boards (CSPBs) and reduced cases by 49,16% to 9 957.
The Department of Correctional Services, as part of the Criminal Justice Cluster, is entrusted with dealing responsibly with all offenders in its charge, for the duration of their sentence. Part of this responsibility is ensuring that offenders are returned to society in a responsible manner and at the most appropriate stage of their sentence or at the end thereof. This has to be done not only in the offender's own interest, but also in the interest of the State and society.
Although offenders have to serve their full sentences, the department realises that, in the interests of successfully reintegrating offenders, it is normally not appropriate for them to serve the full period of their sentences in a correctional centre.
In South Africa, parole is a form of conditional placement, which may be granted to offenders after they have served a certain period of the sentence imposed by a court. The remainder of the sentence is then served under supervision in the community, subject to specific conditions of the system of community corrections.
The majority of cases under consideration for parole are dealt with by the CSPBs, with some exceptions, e.g. those sentenced to less than 12 months, which the Head of the Correctional Centre deals with. Those sentenced to life imprisonment or who are declared dangerous criminals are considered by the Minister of Correctional Services and the courts.
The primary task of a parole board is to consider and approve/disapprove the placement of offenders under either correctional supervision, on day parole or parole on medical grounds. By mid-2007, there were 52 parole boards countrywide, which will be expanded during the next few years.
Crime victims can make representations to a parole board when the placement of an offender on parole or under correctional supervision is considered.
Although the Correctional Services Act, 1998 allows for a parole-board decision to be final, which means that members of the department cannot overrule the decision of a parole board, the legislator deemed it necessary to provide for a correctional supervision and parole review board empowered to review decisions of any parole board.
The Parole Review Board acts as the mechanism whereby the minister and the commissioner can ensure that parole boards do not abuse their powers.
Should reasons exist that a parole board might have failed in its decision, the minister or the commissioner may refer such a case to the Parole Review Board.
other parole boards to serve as future guidelines. The Parole Review Board, through the rule of law, gives guidance to other parole boards.
The board consists of members selected from the National Council on Correctional Services and is chaired by a judge of the SCA. Other members who serve on the board are a member of the NPA, two members of the community, a person with special knowledge of the correctional system and a member of the Department of Correctional Services.
At the end of the 2006, there were more than 60 000 parolees and probationers who were serving their sentences under community corrections.
The department aims to equip offenders with the skills needed for their effective reintegration into society after release. Offenders sentenced to longer than six months' imprisonment undergo a basic pre-release programme before release. Aspects receiving attention include how to secure employment and personal-finance management.
Specialists from the community are also involved in the reintegration process. Care and support for an offender are prerequisites for release. Before offenders are placed, they are assisted with obtaining employment and accommodation, or at least care and support. Community involvement in supporting offenders after release is encouraged. Offenders are provided with some financial and material assistance before they are released.
Four corrections programmes have been developed and endorsed, marking a real focus on root causes of crime in society, namely anger management, a sexual-offenders programme, substance abuse and a pre-release programme. Participation in rehabilitation programmes will soon be compulsory.
The White Paper on Corrections is based on the principle that the Department of Correctional Services should be an institution for rehabilitation, and that rehabilitation and social reintegration of offenders are the joint responsibility of society and the State.
The department has partnerships with NGOs, FBOs and community-based organisations in rendering reconciliation and moral renewal programmes for offenders and communities, so that rehabilitated offenders may be released into a receptive environment to ensure that both offenders and their victims, or affected families and communities, are reconciled.
A position paper on the social reintegration of offenders was developed in alignment with the White Paper on Corrections and with due cognisance of African and other international policy instruments.
The paper focuses on the need to increase the involvement of communities and the capacity to efficiently rehabilitate offenders subject to correctional and parole supervision and other noncustodial measures.
Policies and supporting procedures were subsequently developed and changes made to the organisational structure. The judiciary and stakeholders were briefed accordingly during roadshows to promote co-operation and the use of non-custodial measures such as community service.
During February 2007, 1 706 officials at 194 community corrections offices managed a daily average of 46 558 active offenders (29 218 parolees and 17 340 probationers) as well as the tracing of 24 145 absconders (18 403 parolees and 5 742 probationers).
It is an offence for probationers or parolees to abscond from the system of community corrections and, if found guilty, they may be sentenced for up to 10 years' incarceration. Absconding from community service has decreased since the end of the 1990s, and a framework was drafted to further reduce absconding and to trace absconders.
Parolees are subject to certain conditions and supervisory measures aimed at gradually reintegrating them into society.
To achieve these goals, parolees are allocated to a supervision official of the department, who ensures that they are monitored regularly and receive the necessary support and guidance to promote their reintegration.
Contravention of parole conditions leads to interventions such as correctional programmes, stricter conditions, increased supervision and revocation of parole. Based on their risk profile, there are five supervision phases for parolees. The conditions for parole usually include periods of house detention, restriction to a specific magisterial district, attendance of correctional programmes and performance of community service.
Monitoring includes visits to the parolee's home and workplace, telephonic liaison and consultations at the Community Corrections Office.
Correctional supervision refers to several alternative sentencing or placement options available to courts, and entails the sentencing or placement of offenders under correctional supervision for a certain period.
Some offenders may have to serve a short period of incarceration before their sentences can be converted to correctional supervision. Correctional supervision provides the opportunity to deal with some offenders outside the walls of correctional centres. Offenders who pose a real threat to the community and who have chosen crime as a career, however, do not qualify for correctional supervision.
house detention free community service victim's compensation restriction to a magisterial district prohibition of alcohol use or abuse participation in certain correctional programmes. If the conditions are violated, offenders can be referred to the court for consideration of an alternative sentence or, in certain cases, correctional supervision can be revoked in which case they have to serve the remainder of their sentences in correctional centres.
Persons awaiting trial may also be placed under correctional supervision. Because little is known about their criminal record prior to conviction, they are classified under the supervision category. Persons accused of a crime can also, instead of bail or in addition to bail, be placed under the department's supervision while awaiting trial or sentencing.
A small number of offenders are placed on day parole either because they are institutionalised or they have a doubtful prognosis and pose a high security risk to the community. These offenders are gradually resettled into society as a bridging measure, instead of being released upon termination of sentence. Day parolees have to comply with certain conditions.
Contravention leads to withdrawal of privileges, stricter conditions or suspension of day parole.
Under certain circumstances, offenders whose parole has already been approved may be allowed to spend weekends at home for the consolidation of family ties, preparation for release or for reasons that involve the reintegration of the offender into society.
Offenders may also be granted compassionate leave, for them to attend close family members' funerals.
Employees of the Department of Correctional Services subscribe to the Labour Relations Act, 1995 (Act 66 of 1995).
Two labour unions are active in the department, namely the Police and Prisons' Civil Rights Union and the Public Servants' Association.
Because the department renders an essential service, its members are not allowed to strike.
preventing and investigating corruption, fraud, theft and serious maladministration sanctioning officials found guilty of corruption, fraud, theft or serious maladministration. The department has complied fully with government's Minimum Anti-Corruption Capacity requirement, and of utmost importance is the agility displayed by units in the department tasked with combating and preventing fraud and corrupt activities within the department. Its policy frameworks include a fraud-prevention policy, a whistle-blowing policy and an anti-corruption policy. The department took a bold step in 2006 by naming and shaming those officials who were found guilty of fraud and corruption.
To strengthen its anti-corruption mechanisms and security in its facilities, the department plans to set up its own Vetting Fieldwork Unit together with the National Intelligence Agency.
The department's efforts at building an ethical and secure correctional system are ongoing, as evidenced by the launch of anti-corruption and ethics management training in 2006, which equipped 880 managers with the skills needed to improve work ethics and 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. This training was expected to be rolled out to lower levels during the 2007/08 financial year.
To combat fraud and corruption, the department has forged partnerships with external agencies such as the SIU, the DSO and SAPS.
A new code of conduct that closed gaps in the disciplinary system.
A task team with regional representatives being established to accelerate the implementation of the disciplinary recommendations of the Jali Commission that were tabled in 2006. As a result of the Jali Commission, the Departmental Investigation Unit investigated over 100 officials.
120 persons as part of investigations into medical-aid fraud amounting to R45 million. By mid-2007, the disciplinary hearings of 96 officials were in the final stages.
The department's internal anti-corruption campaign was expected to kick off in 2007 to strengthen the move to a more secure and ethical correctional system.
The Department of Correctional Services works closely with organisations such as the American Correctional Association and the International Corrections and Prisons Association (ICPA).
The department endorsed the Charter of Fundamental Rights for Prisoners at the 11th UN Congress on Crime Prevention and Criminal Justice in April 2005.
It will continue to participate in multilateral forums such as ICPA, the Conference of Commissioners for East and Southern Africa and the UN.
In conjunction with other African states, the department is developing a programme that will result in full compliance with the UN Minimum Standards on the Treatment of Offenders. Participation in bilateral commissions and joint commissions of co-operation has resulted in the department hosting several delegations from various countries, as well as the Commission on Human and Peoples' Rights under the AU.
Ministers responsible for prison management and correctional services in SADC countries are continuing efforts to implement the July 2003 Johannesburg Declaration on Corrections.
The declaration seeks to include the field of corrections in the work of regional and continental multilateral structures.
Beeld BuaNews Commission on Gender Equality Department of Correctional Services Department of Justice and Constitutional Development Estimates of National Expenditure 2007, published by National Treasury Public Protector 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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