Select Committee on Security and Justice Legacy Report Key Issues 5th Parliament 31 July 2019

Functions of the Committee Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met Process and pass legislation Facilitate public participation in Parliament relating to issues of oversight and legislation Ensure that provincial interests are taken into account in the national sphere of government Provide a national forum for the public consideration of issues affecting the provinces.

OVERVIEW OF DEPARTMENTS AND ENTITIES Department of Justice National Prosecuting Authority Legal Aid South Africa Special Investigating Unit Department of Correctional Services Judicial Inspectorate for Correctional Services Department of Police Independent Police Investigative Directorate Civilian Secretariat for Police Department of Defence and Military Veterans DEPARTMENTS SECURITY AND JUSTICE DOJ LEGAL AID SIU NPA

Method of work of the Committee On an annual basis the NCOP sets aside a day to a day and a half to plan for strategy and APP of each Committee. The Strategic planning process is informed by the NDP, SONA and the MTSF. These policy prerogatives informed the work of the Committee particularly in respect of its oversight activities

Method of work of the Committee The Committee has focussed its work on the provincial issues emanating from the various Departments. In order to benefit the most from oversight visits, the Committee adopted an approach of inviting different Departments within a determined province to present their challenges to the Committee.

Method of work of the Committee The approach of inviting and engaging with the various Departments at the same time afforded the Committee with a holistic view of the challenges experienced by Departments in the Criminal Justice Sector. Hosted a Child Justice Workshop with the Department and key external stakeholders. The Committee should seek more opportunities for engagement with external stakeholders as this added great value to the work of the Committee.

Method of work of the Committee Oversight Activities over the Department of Defence has been limited due largely to time constraints and the fact that the Department is covered in the joint standing committee on defence. However, this does not preclude the Committee from planning oversight activities over the Department of Defence. In the 5th parliament, the Committee visited the Hoedspruit Airforce base and cross border operations in the Free State Province.

KEY STATISTICS Activity Total Meetings held 69 Legislation processed 17 Oversight trips undertaken 12 Study tours undertaken International agreements processed 2 Statutory appointments made 1

LEGISLATION Legislation takes up most of the time of the Committee and some key pieces of legislation was referred to the Committee towards the end of the 5th parliament. Due to time constraints, the legislation has lapsed. IPID (Independent Police Investigative Directorate Bill) (s75) Cybercrimes and Cybersecurity Bill (s 75) Child Justice Amendment Bill (S75) Hydrographic Bill (S75) Traditional Courts Bill (S76)

OVERSIGHT VISITS Out of 9 provinces the Committee visited 8 with the exception of Limpopo Province during the 5th parliament. The oversight visits focussed mainly on monitoring the following: The Roll out of the Rural Safety Strategy (SAPS) The challenges experienced with stock theft in provinces The operation and functioning of CPFs in the provinces Cross border relationships between SAPS and Defence

OVERSIGHT VISITS Challenges experienced in Correctional Centres particularly in relation to overcrowding, gangsterism, vacancies and staffing issues Maintenance and Ageing infrastructural challenges in all Departments. The distribution of benefits to Military Veterans.

MAGISTRATES Magistrates Commission disciplinary matters In terms of Section 13 of the Magistrates Act, 1993, the Commission, with regards to the suspension and discharge of magistrates, carries out investigations regarding misconduct, continued ill-health or incapacity of magistrates with a view to the Minister taking a decision to suspend the magistrate and report to Parliament on whether the magistrate should be removed from office.

MAGISTRATES CTD The Commission can provisionally suspend a magistrate pending an investigation into the magistrate’s fitness to hold office. The Minister could confirm that suspension if the Commission thereafter recommended that the magistrate be removed from office. If the Minister does, the Commission’s recommendation would then be referred to Parliament for a decision as to whether to remove the magistrate from office or not (s 13(3)(a))

MAGISTRATES CTD The Minister has to place a report before Parliament giving the reasons for the magistrate’s suspension (s 13(3)(c)). Parliament has to resolve either to restore the magistrate to office or that the magistrate be removed (s 13(3)(d)) and the Minister is obliged to act upon that resolution and remove the magistrate.

MAGISTRATES CTD The suspensions, removal from office of magistrates is an important aspect of the Committee’s work. The Committee in the 5th parliament was particularly concerned by the misconduct of magistrates and also raised some concerns with the Commission on the lengthy processes which they undertook to finalise matters prior to it coming before the Committee.

Outstanding/ Follow up activities emerging from 5th parliament The Department of Police: Oversight visits to SAPS (WC Province) and IPID, continued monitoring of crime trends and violence, Monitoring the implementation of GBV and Sexual Offences. To monitor the rollout of the anti-gang strategy. The Department of Justice: Hold a meeting with Legal Aid to discuss access to justice, capacity and case loads.

Follow up activities CTD The Department of Justice: Visit the Limpopo High Court (New Court). The Department of Correctional Services: Meet with DCS and JICS on progress on rehabilitation and reintegration of offenders particularly in light of severe overcrowding

Follow up activities Ctd The Department of Military Veterans: Hold a meeting with the Department on the distribution of benefits particularly in respect of adequate housing and medical services to Military Veterans. DPW: Meeting with DPW – infrastructural challenges in relation to police stations, courts and correctional centre facilities as well as Hoedspruit Airforce base.

Follow up activities Ctd Host a Colloquium with all the Departments in the Security and Justice Sector and all relevant stakeholders to share experiences on the gaps, challenges and recommendations on the improvement of the functionality of the criminal justice sector. International Study Tour was never undertaken in the previous parliament and should be considered in the 6th Parliament.

Recommendations Cluster sizes of Committees remains a challenge in terms of completion of work in the respective Committees. Allocate sufficient time, per Committee, for oversight activities. Ensure that the Committee is afforded sufficient time to process legislation effectively.

THANK YOU