STRENGHTHENING THE CRIMINAL JUSTICE SYSTEM:
Transformation of the judiciary
“The transformation of the judiciary will be accelerated, guided by the imperative to institute judicial accountability and the need to improve the overall functioning of the Criminal Justice System with respect, particularly, to case cycle times and conviction rates. As part of the process the Justice College will be revitalised to comply with changes and developments within the South African education and training environment.”
Focusing on bills
Bills relating to the Transformation of the Judiciary: The Judicial Service Commission (JSC) Amendment Bill contains procedures and mechanisms to handle complaints against judicial officers. The Bill emanates from section 180 of the Constitution, which provides that national legislation for any matter concerning the administration of justice that is not dealt with in the Constitution, including “ procedures for dealing with complaints about judicial officers”. The Bill also makes provision for the establishment introduction of an asset register for judges, similar to that applicable to the Legislature and Executive. (Clause 13). This proposal is in line with international standards and will address the recent incidents involving certain senior judicial officers.
South African Judicial Education Institute Bill seeks to establish an Institute responsible for judicial education and training of judicial officers and aspiring judicial officers. There has been extensive consultation and involvement of relevant role players in the process. This include establishment of an Advisory Committee on Judicial Education to draft a framework for Judicial Education for the South African judiciary. The Advisory committee is chaired by Deputy Justice and it includes the magistracy, NPA legal profession, academic institutions.
Reducing the backlog of cases pending trial remains a key priority for the cluster.
A National Backlog Project was implemented to reduce the high volume of
backlog cases on the court rolls and to improve the efficient and effective
functioning of the courts. This project aims to reduce the court backlogs by 20%
and District, Regional and High Courts between 16 August 2006 and the end of
June 2007 and to reduce the appeal backlog by 40%.
In general we view a backlog case in Lower and High Courts in the following context:
§ In the Lower Courts, it is a case that exceeds the cycle time of 6 months from the date of first appearance in the District or Regional Court; and
§ In the High Court, it is a case that exceeds the cycle time of 12 months from the date of first appearance in the High Court.
Factors that contribute to the backlog of cases include:
§ The high level of non-attendance of court proceedings by accused (average of 15 155 warrants of arrest per month).
§ Incomplete investigations/ lack of forensic analysis capacity causing unnecessary delays are furthermore detrimental to the backlog of cases (National Prosecuting Authority (NPA) audit of regional magistrate and high court cases for 2005, indicate 23% of all such cases had to be remanded for further investigation).
The e-Scheduler, a case management system, providing case management information to enhance case planning and scheduling has been implemented in more than 200 Courts and is being rolled out to all district courts in the country. The target date for completion of the roll out is July 2007.
The system seeks to modernize the Court system through greater use of IT. It allows the user to the generate information on the Courts which indicate at which stage is the case including case number, first appearance, last postponement date, no of days per case in the roll. The system enables the Courts to identify and address backlogs and blockages. The Justice Deposit Account System (JDAS) helps to improve the management of all cash payments into and from the Courts. This includes management of cash monies paid for maintenance and bail.
We are reconstructing the court administration system by way of a project we have named Re Aga Boswa (We are building). The project is designed to employ dedicated managers for the courts. We have appointed, for that purpose, 288 court managers across the country thus strengthening capacity and improving service delivery.
In order to deal decisively with white collar and gender based crimes, the cluster will also intensify programmes to set up specialized courts to deal with commercial crimes and cases related to women and child abuse. The National Anti-Rape strategy will also be finalized this year to deal decisively 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.
MANAGEMENT OF AWAITING TRIAL DETAINEES (ATDs) (DEPARTMENT OF CORRECTIONAL SERVICES)
Correctional Services has established a Remand Detention Project Team led by a Chief Director to drive the implementation of a Cabinet directive of establishing appropriate systems, facilities and technology to effectively manage awaiting trial detainees (ATDs). Of the 159 000 incarcerated offenders, 47 042 are awaiting trail detainees, putting significant strain on already congested facilities. The Remand Detention Project is meant to reduce risks imposed by 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. The Project Team is already helping in accelerating the following interventions:
development of policies, appropriate legislation and procedures for consideration and approval during the 2007-8 financial year;
Identification of suitable facilities for conversion or dedicated use as remand detention facilities across the country;
Optimising the use of technology including the tracking and electronic monitoring of the accused so that where appropriate non-custodial options are utilized to also reduce overcrowding; and
Ensuring integrated information management system across the criminal justices system for helping in decision making.
Development of the long term options for an appropriate, functionally distinct and resourced remand detention system in South Africa with appropriate staff, dedicated management system, dedicated remand detention facilities, appropriate resourcing and budget to be tabled in Cabinet in 2008/9.
Construction of correctional centres
The construction of the Kimberley Correctional Centre is fully on course and is set for finalisation before the end of the 2008-9 financial year. Discussions are continuing between National Treasury, Public Works and Correctional Services regarding among others ensuring availability of funds to build the remaining planned facilities in a context of escalating costs that are propelled by a huge demand in the infrastructure development programme nationally.
Implementation of the Jali Commission Recommendations
Progress is being made in implementing the recommendations of the Jali Commission and the Department of Correctional Services expects to conclude all cases and close the chapter by November 2007. A centralised Departmental Task Team dealing with 106 outstanding misconduct cases has concluded 33 cases, handed over 6 cases for criminal prosecution, is hearing 20 cases, handed one case to SAPS and another case to Health Professions Council as they involved a member of the SAPS and an independent health professional.