Justice and Constitutional Development Minister Jeff Radebe, MP tables Budget Vote 2012/13
17 May 2012
Honourable Speaker of the National Assembly;
Ministers, Deputy Ministers and Honourable Members of this House;
Justice Yacoob, Acting Deputy Chief Justice and esteemed members of the Judiciary;
Heads of the Constitutional Commissions and statutory institutions in the Justice Sector;
Heads of professional law bodies;
Distinguished Guests;
Comrades and Friends;
Ladies and Gentlemen;
It is with great honour and privilege that I present to this honourable House, and to South Africans at large, the budget of the Department of Justice and Constitutional Development. As members are aware, the Vote includes budget allocations earmarked for Constitutional and statutory institutions that are part of the justice extended family. This year marks the 15th anniversary of the Constitution which President Nelson Mandela signed into law on 4 February 1997.
This Constitution remains our foremost guiding torch which lightens our nation's long and difficult walk from the legacy of colonialism and apartheid that was characterised by inequality and injustice, to a future founded on equality, human rights and social justice.
I will now focus on the business of the department which mainly is about providing for a conducive and enabling environment for the proper administration of justice in our country. I will refer to the programmes and the projects we will undertake, while at the same time reflecting on progress made thus far.
Review of the Judiciary
Honourable members and Distinguished Guests,
I would like to thank honourable Members of this House, academics, public opinion makers, scholars, jurists and all other commentators who took part in the dialogue that ensued following the release of the Discussion Document on the Transformation of the Judicial System and the Role of the Judiciary in a Developmental South African State. I would also like to convey my profound appreciation to the media for creating space, through various avenues, for the continuous dialogue on the principles discussed in the Document. The comments we have received thus far are intriguing and provide balanced perspectives on topical subjects such as the separation of powers doctrine and the institutional arrangements geared to safeguard the rule of law and the independence of the judiciary which are the bedrock of our constitutional democracy. Some of the comments not only attest to the equal status of the three arms of the State, but also how they are glued together by the Constitution. This is also a view which was eloquently re-iterated by formerChief Justice Sandile Ngcobo when he delivered a Keynote Address during the Chief Albert Luthuli Memorial Lecture early this year, that (and I quote):
"Each arm of the government must observe the constitutional limits on its own power and authority - there is no branch that is superior to the others in its service of the constitutional mission of the Republic". (Close quote)
We note that some commentators have maliciously lamented the Terms of Reference we announced subsequent to the release of the Document "for calling for the review of the court decisions" while commentary which made headlines of a leading newspaper this past Sunday attributed to the Deputy Chief Justice puts blame on policies of this government for the increasing poverty and inequality. Firstly, let me state it categorically clear that we neither sought to, nor do we have competency, to review court decisions.
The legal precedent, expressed in the maxim stare decisis , which is entrenched in our legal system, dictates that decisions of the lower courts are only reviewable by a higher court and that lower courts are bound by the legal precedents of their superior courts. On the contrary, the assessment is aimed at maximising our concerted efforts as the Branches of the State, to rid this country of its ugly past and to use our evolving jurisprudence as navigational guide to the ideal society as envisaged by the Constitution.
Secondly, the views expressed in the newspaper concerned misrepresent the progressive laws, policies and decisions of government that have cumulatively contributed to the reconstruction of society and the improvement of the quality of life of many of our people.
The provision of houses, access to health care, electricity, water, more enrolment in basic and higher education, various other social security measures such as the child grants, legal aid for the indigent and the massive investment in infrastructure which has been intensified following the announcement made by the President, all bear testament to the strides that Government continue to make towards the establishment of an equal and prosperous society envisaged by the Constitution.
Honourable Speaker;
Transforming the Legal System
Key among the initiatives aimed at enhancing the administration of justice is the Framework on the Transformation of State Legal Services which I will release on Monday, 21 May 2012. We aim to revolutionise the public legal sector to be able to provide legal services of the highest standard that protect and safeguard the interest of the state and advances access to justice for all our people.
The envisaged reforms are aimed at addressing some of the shortcomings in the current system that result in government losing court cases it ought not to have lost, or embarking on ill-fated litigation where it ought to have considered other alternative forms of redress to litigation, thus resulting in huge costs to the fiscus.
The intended reforms are also aimed at broadening the pool of legal practitioners who are briefed by the state to ensure that in itself reflect a fair representation of Black and women practitioners consistent with the racial, gender and geographic demographics of our society.
The scarcity of Black and women practitioners from the pool of practitioners who continue to dominate constitutional and other high profile litigations, has a consequential effect on the slow pace of the transformation of the judiciary as this profession is the main feeder to the judiciary. I will elaborate more on the fundamental reforms envisaged by the policy framework when I launch the document on the date I have already mentioned.
Honourable Members,
Combating crime
The Justice Crime Prevention and Security cluster has made strides regarding the integration of Information and Communication Technology systems enabling an electronic flow of information between the Police, the National Prosecuting Authority and the Department of Justice and Constitutional Development. The ICT integration is being extended to other JCPS departments. In line with the Delivery Agreement that I and my colleagues in the JCPS Cluster have signed with the President, we continue to strengthen the integration of the programmes of law enforcement agencies with a view to maximising our fight against crime and corruption.
Stabilising the NPA
The appointment of Adv Jiba as acting National Director of Public Prosecutions, in view of the on-going court action regarding the appointment of Adv Simelane, has stabilised leadership and management of the NPA. The Asset Forfeiture Unit (AFU) of the NPA continues with its ruthless approach to crime and corruption which deprives the majority of the enjoyment of the fruits of our democracy. A total of 150 officials were convicted of corruption in the past year. The conviction rate on the corruption cases stood at 73%.
The value of assets seized by the AFU during the past financial year is R533,4 million and the total assets over the past 13 years is nearing R5 billion. About R150 million recovered by the AFU has been allocated from the Criminal Assets Recovery Account (CARA) to build capacity in the Anti-Corruption Task Team (ACTT) to intensify its investigative capacity. During the 2011/12 courts finalised 216 cyber crimes cases with a conviction rate of 87,5%. Similarly, the Special Investigating Unit (SIU) is making strides in the investigations of serious incidents of corruption arising from the numerous Proclamations which were promulgated by President Zuma in 2011 alone. Further Proclamations for large scale investigations, including the investigation of alleged irregularities in the Fishing Industry which Minister Joemat-Pettersson announced when she tabled her budget vote recently, will be submitted to the President soon.
JPCS Cluster
Key to the work of the JCPS cluster is the finalisation rate of cases that are brought before the courts. The performance of our courts is measured in terms of time, cost and quality, namely, the time within which cases are processed through each stage of the proceedings from beginning to end; the cost of litigation in respect of each stage of the proceedings; and the quality of the outcome of each case. The statistics of cases finalised by the lower courts in the 2011/12 financial year show a decline when compared to the outputs realised in the previous financial year. The number of criminal court cases finalised by all courts during 2011/12, namely 448 760, is slightly down from 460 791 in the 2010/11 financial year. However, the average conviction rate in our courts for the past financial year remains high and has increased from 88.3% in 2010/11 to 88.8% in the past financial year.
The Judicial Practice Directives which have been developed by the judiciary pursuant to the resolutions of the successful Access to Justice Conference held in July 2011, will go a long way in addressing the case flow management challenges and ensure that judges take charge of their courts. This will reduce unnecessary postponement of cases and reserved judgments, some of which take years to be delivered. Similarly, the court-based mediation rules which I have received from the Rules Board for Courts of Law this week will reduce the time and cost of litigation immensely and thereby enhance access to justice. I will announce the date of the implementation of these rules on a pilot basis after I have engaged with the Chief Justice and Heads of Court in this regard.
Clamping down on rape
Honourable Members and distinguished guests,
One aspect that continues to rear its ugly head is the scourge of rape incidents and other forms of sexual offences which have taken an upswing in recent times. I will soon be convening a multi-disciplinary task team of the Cluster departments to conduct an urgent investigation for purposes of the re-establishment of Sexual Offences Courts which have proved to be successful in the past.
The task team will investigate the steps that ought to be taken to ensure that Sexual Offences Courts benefit all communities across the country and not only selected areas as was the position regarding the 62 Sexual Offices Courts which were piloted during 2007/8 financial year. This Task Team will submit its report and recommendations by the end of August this year to guide the Cluster on how to tackle these horrendous crimes. While on this matter, I have studied the judgement delivered last Friday (on 11 May 2012) by the Western Cape High Court where it found that the Sexual Offences Act does not prescribe sanctions for certain offences prescribed by the Act and the consequences that may arise from this judgment. We are considering appealing the decision to the Constitutional Court to seek clarity as we urgently address this matter to manage potential repercussions which could result from this judgment where persons who have been convicted and are serving sentences could approach the courts to squash the convictions and sentences. I am grateful to the proactive measures that the Justice Portfolio Committee is considering to address this urgent matter.
Sexual orientation
We are taking strong measures to deal with Lesbian Gays Bi-sexual Transsexual Intra-sexual (LGBTI) with a view to eliminating sexual offences perpetuated as a result of sexual orientation. I must laud the communities of Cape Town that have been in the forefront against this scourge and wish to encourage communities in all other parts of our country to report to the law enforcement agencies both the homophobic hatred as well as the consequences of rape, as both must be rooted out from the social fibre of our communities. As we celebrate today's International Day Against Homophobia, we must urge all our people to embrace the tolerance that would enable the diverse society that our Constitution dictates.
Despite the above challenges which the Cluster is dealing with decisively, the milestones we have achieved as the JCPS Cluster in preserving a safe and secure environment, in line with our goal of ensuring that "All South Africans are and feel safe," continue to put our country on the world map as a secured destination of choice.
Superior Courts
Honourable Speaker,
I wish to express my gratitude to the Justice Portfolio Committee for paying visits to the Supreme Court of Appeal and the Constitutional Court to engage with the judges of these courts to glean their views on the provisions of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill. We are moving steadfastly in creating the necessary infrastructure in anticipation of the enactment of these important Bills. The conversions underway at the interim accommodation for the Mpumalanga High Court will be completed by July this year while the completion of the construction of the High Court in Limpopo is envisaged by March 2013. The enactment of the much awaited Superior Courts Act will therefore bring an end to the hardships endured by the communities of these provinces, who have to travel to the distant High Court in Pretoria to seek justice, at high costs and intolerable inconvenience. Other courts we have completed and which are earmarked to be opened this year include the Ashton Magistrate's Court which I opened on Tuesday this week, Ntuzuma Magistrate's Court in KwaZulu Natal, Tsakane and Palm Ridge Magistrates' courts in Gauteng. The Palm Ridge Magistrate's Court will be proclaimed as Circuit Court of the South Gauteng High Court, seat of the Gauteng Regional Division as well as of the local District Court. Six Branch Courts namely, Atridgeville, Tsakane and Sebokeng in Gauteng, Secunda in Mpumalanga and Orkney and Stilfontein in North West will be proclaimed as full services courts by the end of this year. I am also pleased to announce that the long awaited Legal Practice Bill has finally made its way into Parliament after it was certified by the Chief State Law Adviser. This legislation is a milestone in the history of the profession. It opens doors of access to the profession and guarantees accessible legal services, by creating a framework for the determination of reasonable and affordable fees.
Transforming the Judiciary
Honourable Members,
The Judicial Service Commission continues to make progress in the transformation of the judiciary, and of 243 judges, 25 are women while Blacks are just above the 50% mark. There are views which were expressed by some recently that the Judicial Service Commission tends to overlook quality and competence and that its decisions are influenced by political agendas.
These sentiments are devoid of any truth and tend to undermine the integrity of the JSC's esteemed members, the majority of whom are derived from all the three Branches of the State. The intense and robust debates by members of the Commission and the manner of arriving at its decisions are reflective of our evolving democracy, which we must all accept.
Traditional Courts
Honourable Members,
The Traditional Courts Bill has, since its introduction into the National Council of Provinces early this year, elicited extensive commentary and debate on some of the contentious provisions that it proposes. I urge all stakeholders, institutions of traditional leadership and organs of civil society to participate in the on-going Parliamentary process aimed at shaping the legislation that will embrace the virtues of our traditional justice system.
Truth and Reconciliation Commission
We have made progress with the implementation of the Truth and Reconciliation objectives. To date 16 837 beneficiaries have received reparations to the value of R541million from the President Fund. Regulations to provide medical benefits and other forms of social assistance will be finalised before the end of this year.
Departmental Budget
Honourable Members,
A total budget of R15,480 billion has been allocated to the Department for the 2012/13 financial year to implement our programmes, lower by over R600 million from that of the previous year. Of this budget allocation R5, 284 billion is allocated to the Court Services programme, R2, 816 billion is for the NPA and R1, 814 billion for Public Entities and Chapter 9 Institutions. Growth in 2012/13 is driven by increased provisions for appointments of judges and magistrates, the carry through cost of salary increases, planned IT upgrades and funding for the building of 2 high courts and other court infrastructure.
In 2012/13 the Department envisages that it will spend R2,0-billion on Public Prosecutions, R158-million on witness protection, R130-million on Asset Forfeiture, R307-million on the Special Investigating Unit and R1,2-billion on Legal Aid South Africa. In support of constitutional institutions, the department will transfer R101-million to the Human Rights Commission and R174-million to the Public Protector. Over the next 3 years, the department will spend R3,2-billion on the construction of courts and other infrastructure projects to enhance access to justice. A further R92-million will be spent on day to day maintenance and R279-million on rehabilitation of court facilities over the next 3 years. The budget cut of more than R600 million in the current budget will put strain on our over stretched budget. We will continue to engage with Nationalise Treasury to ameliorate this situation.
I also want to assure this House that we remain on course to achieve an unqualified audit report at the end of this financial year. We are indebted to the guidance and assistance of the Auditor-General, the Standing Committee on Public Accounts and our own Justice Committees of this Parliament in this endeavour.
In concluding, please allow me also to thank Chief Justice Mogoeng for his sterling leadership and distinguished members of the judiciary in serving the cause of justice in our country. I thank my Deputy Minister, Mr Andries Nel for his comradeship and unwavering support in leading the programmes in the administration of the justice portfolio, and my colleagues in the JCPS Cluster, the Chairperson of the Portfolio Committee, Mr L Landers and his fellow members of the Committee for their guidance. My gratitude also goes to Heads and Chairpersons of statutory bodies, distinguished members of the legal profession and all our social partners.
A special word of thanks goes to the Director-General, Ms Nonkululeko Sindane, the acting Secretary in the Office of the Chief Justice, Dr Khotso de Wee, their respective management teams and the entire staff in the justice family for their tireless efforts.
Lastly and most importantly, I would like to thank my wife, Bridgette and my family who are my source of strength through the many challenges I encounter in the execution of my duties and responsibilities.
Thank you!
Issued by the Department of Justice and Constitutional Development, May 17 2012
Click here to sign up to receive our free daily headline email newsletter
