Justice and Constitutional Development: Budget Vote

ACDP criticises Justice and Constitutional Development Committee for processing the politically expedient “crossing the floor legislation”, whilst delaying the important Child Justice Bill

Steve Swart MP – ACDP

Friday, 14 June 2002

In Parliament today Steve Swart MP for the African Christian Democratic Party gave the following speech regarding the Justice and Constitutional Development: Budget Vote:


Madame Speaker, Justice requires that society deals seriously and firmly with crime, recognising that it is as much an offence against persons as it is against the state. It is as much a violation of the victim as it is a violation of the law. The purpose of government is primarily to protect the life, liberty, and property of all individuals by punishing evildoers and protecting law-abiding citizens. The Department of Justice clearly has a significant role to play in this regard.

The ACDP wishes to commend the DG and his team for a much improved financial report. The department’s budget for success, costing and business units, and business managers has undoubtedly resulted in a financial turn around for the department. Whilst the department has not yet arrived, it has made tremendous strides in stabilizing and controlling its expenditure.

Having completed two provincial tours to various courts, including the Constitutional Court, and visiting various Chapter Nine institutions, it is clear that dedicated Justice staff are committed to serve the public, often under very trying conditions. Furthermore, it is in many of lower courts where ordinary people seek justice, whether the person is the victim of crime, a struggling mother seeking maintenance to feed her children, or an abused woman a protection order against domestic violence.

The deplorable condition of many of the magistrates courts in particularly the former homelands and townships is obviously a matter of concern, and will require major capital expenditure in many cases.

The problems in the various links in the criminal justice system, from the arresting and investigating police officer, to the prosecutor, to the correctional services officer, to the interpreter, judicial officer and defence lawyer remain a challenge. A delay in any one of these links severely affects the whole chain and adds to the backlog of cases, with a knock-on effect on the number of awaiting trial prisoners. Chief Justice Chaskalson highlighted the problem that persons in each of these links were answerable to different persons, which hindered proper accountability. The ACDP supports the recommendation that the various portfolio committees involved in the cluster should meet jointly to discuss problems experienced in rendering effective criminal justice.

The commitment by the department, judiciary and prosecutors to address court backlogs by means of Saturday and additional Courts is laudable –without these courts, the backlog would be much more severe. As it is, whilst the backlog in the District Courts and High Courts is up from 119 475 (2001) to 143 878 (2002) and 926 (2001) to 1064(2002) respectively, the backlog in the Regional Courts has been reduced from 45 473 (2001) to 42 877 (2002). What is even more significant is that the number of awaiting trial prisoners in custody decreased from 56 151 in April 2001, to 51 757 in October 2001. This figure has since risen to 55 500 in March this year, but still indicates a drop from the April 2001 figure.

The application of section 63A of the Criminal Procedure Act should further reduce the number of awaiting trial prisoners. As at January this year, 20 692 accused persons were found by magistrates to pose no threat to the community, but are costing the state almost R2 million per day to keep them behind bars, because they cannot afford the bail. The social cost of locking up these persons, who are in law presumed to be innocent until proven guilty, in these “universities of crime” is inestimable.

One of my main complaints relates to the delay in the processing of the Child Justice Bill. Honourable Minister, I posed the question during last year’s budget vote as to when the bill could be expected. On June 1 last year, an interim national protocol on the management of children awaiting trial was launched with much fanfare here in Parliament. I was hoping that the Child Justice Bill would have been processed earlier this year, however it has been crowded out. It is a disgrace that we have spent substantial time in the Portfolio Committee processing the politically expedient “crossing the floor legislation”, whilst this bill is delayed. I must however commend the National Prosecuting Authority applying restorative justice principles and for aiming to increase the diversion of child offenders away from the formal criminal justice process.

Whilst we welcome the Sexual Offence Courts, there is a dire need for the further rolling out of these specialist courts. I was however most impressed that almost every court I visited had a television camera and monitor to assist children in giving evidence.

The ACDP, whilst not detracting from the positive work done by various other units in the NPA, commends the Asset Forfeiture Unit in providing an effective tool to combat organised crime by “taking the profit out of crime” (the term used in their report).

The fact that R40 million is expected to be paid into the Criminal Assets Recovery Account has proved that fighting crime does pay. This amount will increase as further assets to the value of R373 million have been seized.

The success rate of this unit will serve as a deterrent to organised crime, with the funds collected through asset forfeiture being used exclusively to further combat organised crime.

There is however, according to the unit’s head, Mr Willie Hofmeyr, a worrying trend of organised crime syndicates moving into economic crime which is considered a soft target. The success rate of the unit, in conjunction with the successful prosecution provided by inter alia the Specialised Commercial Crime Unit would serve as a further deterrent as crime bosses would be hit where it hurt most – in their pockets.

We commend the NPA on its work as well as on the finding of the Institute of Security Studies which had found a “surprisingly positive” attitude towards the prosecuting Authority among those with experience in South African courts.

The salary disparities between various state lawyers with the same experience must be addressed. In this regard I am referring to magistrates, prosecutors, state attorneys, and state legal advisers, many of whom are on different salary levels whilst having the same experience.

In conclusion, the ACDP will support this budget vote.

I thank you.


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For further comment please call Steve Swart MP at 083 285 6290 or ACDP Media Liaison Liza Bloemetje at 082 478 1037