This is the second report by the Justice, Crime Prevention and Security cluster (JCPS) on the priorities approved by the Cabinet lekgotla in January and further outlined in the State of the Nation address. This briefing seeks to provide an update on the progress made and the challenges faced by the JCPS in the implementation of the Government’s Programme of Action. We are quite confident that the qualitative progress made in the implementation of the programme of action contributes towards ensuring social inclusion and social cohesion in our pursuit to build a safer and secure South Africa that truly belongs to all who live in it.

REDUCING THE LEVELS OF CRIME

In reducing crime levels by between 7% and 10% per annum, the socio-demographic profiling for 148 priority police station areas has been completed. Action plans aimed at addressing the social causes of crime have been developed for 116 priority police stations.

Our efforts include establishing and maintaining homeless children centres in big cities throughout the country of which three centres have been launched in Gauteng and Western Cape.

These centres provide homeless children with shelter, food and various social services programmes and include sports activities, education and arts programmes.


Implementation of Firearms Control Act

In terms of the Firearms Control legislation, the South African Police Service has intensified the accreditation of non-official, as well as official institutions with a specific focus on training providers and shooting ranges in order to ensure that potential firearm owners receive the necessary mandatory training.

A total of 510 non-official firearm institutions have been accredited and a total of 144 shooting ranges and 158 training providers have been accredited by the South African Police Service. A total of 3 788 applications for renewal of firearm licenses, permits and authorizations has been received.

In reducing the proliferation of firearms and ammunition, government announced the Firearms Amnesty on 01 January 2005. We are pleased to report the following progress made.

By tomorrow midnight the amnesty period will come to an end. Once again, we would like to appeal to those who are in possession of illegal firearms or ammunition to hand over these to the nearest police station.
Our operations to seize illegal firearms and ammunitions will continue to intensify.

Organised Crime Projects

In combating organised crime, law enforcement agencies have identified 176 organized crime projects. Of these, 20 projects have already been terminated resulting in the arrest 414 people.

These projects deal with organised crimes such as drug trafficking, theft of motor vehicles, armed robbery, and breaking.

Dealing with Child Pornography as an aspect of organised crime

The Department of Home Affairs and the Film and Publication Board continue to intensify efforts to protect children from harmful images within the media, including films, exhibitions, games, television, the internet and other publications.

The Films and Publication Amendment Act has been amended to make the investigation and prosecution of Child Pornography offenders more effective. According to the Act, it is also an offence to possess, create, produce, distribute, import, access, advertise or promote child pornography images. Each of these acts carries a maximum penalty of 10 years imprisonment.

We have observed that a trend exists where children who are not registered at birth and are without documents, normally tend to be victims of abuse such as smuggling and trafficking as well as child pornography.

To this end, we call upon all parents to ensure that each and every child is registered at birth.

Home Affairs has launched a Child Pornography Hotline Number (0800 148 148) to enable the reporting of cases or incidents of child pornography and the sexual exploitation of children. This Hotline will also serve as a community watchdog in terms of soliciting information and reporting cases of child pornography to the police.

IMPROVING EFFECTIVENESS OF THE CRIMINAL JUSTICE SYSTEM

Improved Case Flow Management

In order to reduce case loads and case cycle time, a case management system known as the e-scheduler has been introduced at 44 sites.

A Court Nerve Centre has been established within the Department of Justice to monitor case backlogs and outstanding rolls on a country-wide basis.

The Minister of Justice and Constitutional Development is also hosting a series of working sessions with Heads of Courts and members of the judiciary to discuss substantive issues relating to the effective functioning of the courts and the transformation of the court system.

Enhancing the quality of the adjudication process

The district courts managed an impressive conviction rate during the 2004/2005 financial year. An average of 87% was attained. The regional courts attained their conviction rate target of 70% in the 2004/2005 financial year for the first time since 2000. For the first time the high courts also attained their conviction rate target of 85% in the 2004/2005 financial year.

Victims Charter

Since 1994, and in keeping with the cultivation of a human rights culture, the focus is gradually shifting from an adversarial and retributive criminal justice system to that of Restorative Justice. The Service Charter for Victims of Crime seeks to provide for the consolidation of 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 thus ensuring that victims remain central to the criminal justice process.

The ultimate goal is victim empowerment through meeting victims’ needs, be they material or emotional.

The Department of Justice and Constitutional Development has conducted the Department of Correctional Services (DCS) Training on the Service Charter for Victims of Crime in South Africa. The Inter-sectoral Victim Empowerment Policy will inform DCS Victim Empowerment Policy.

The NPA has 66 court preparation officials on contract who provide support to victims of crime especially abused children in preparing them for the court proceedings. The children are usually severely traumatised and are in need of specialised and trained guidance in order to prepare them for testifying about their ordeals. To date, 41077 victims have been prepared for court by the court preparation officials. The services need to be sustained and broadened.

Reducing number of children awaiting trial

National and Provincial Action Plans to fast-track all children awaiting trial from prisons and police cells, since October 2004, have led to a reduction in children awaiting trial, from 2200 monthly, to 1500 monthly, which also addresses recidivism.

Community Courts

Four community courts have been formally established namely Hatfield, Fezeka (Gugulethu), Mitchellsplain and Cape Town. Another nine pilot sites commenced in Durban (Point), KwaMashu, Umtata, Bloemfontein, Thohoyandou, Kimberley, Phuthaditjaba, Hillbrow and Protea (for Lenasia).
The total number of cases finalised since the start of the first community court in April 2004, is 9685 cases, with a 96% conviction rate.

REMISSION OF SENTENCE

The special remission for sentenced offenders announced and implemented as with effect from 13 June 2005, has resulted in a total of 17 367 sentenced offenders being released by Tuesday 28 June 2005.

Of these 1 000 are children, and 8 707 youth between 18 and 25 years.

Released offenders making themselves guilty of repeat offending can expect no sympathy from the criminal justice system. The South African Police Services and the Department of Correctional Services are cooperating closely to identify released offenders who are rearrested for alleged crimes committed.


CHILDREN IN CORRECTIONAL CENTRES

On 21 January 2005, 1 389 awaiting trial children under 18 years were in correctional centres nationally. This figure was reduced to 885 children by 21 June - a reduction of 505 children. Close coordination within the JCPS cluster correctional Services has resulted in this significant reduction.

UPHOLDING NATIONAL SECURITY

Implementation of the Immigration Amendment Act

The Immigration Amendment Act (Act No 19 of 2004) signed by the President on 12 October 2004 places an obligation on government to regulate admission to, residence in and departure from the Republic.

The Immigration Act seeks to contribute towards boosting direct foreign investment, attraction of skills required by our economy, support the growth of tourism and support the emphasis and realisation of the goals of our foreign policies.

The Immigration Regulations have been approved by Cabinet and will come into effect this Friday (01 July 2005) thus ushering in a new immigration regime in South Africa. The Regulations provide for the application of the requirements of the Act; the forms to be completed; the fees to be paid and financial requirements necessary for certain permits, as well as the conditions that may be imposed on permit holders.

Strengthening our Counter Intelligence Mandate

Various proposals on strengthening the implementation of MISS - a key counter-measure to improve security - have been considered and a decision has now been taken that regulations will be drafted to enforce these standards.

Our capacity to deal with the vetting demand has been a huge challenge over the past few years. In exploring new approaches to conduct our business, we will in due course propose to Cabinet that this function be performed at an elementary level within departments, under the guidelines of the National Intelligence Agency (NIA).

ONGOING PRIORITIES
Capacity of the JCPS Cluster


The JCPS Cluster continues to build its capacity to deliver on its mandate in ensuring a safe and secure country for all who live in it. This includes building capacity to make provision for more courts, more magistrates and administrative support.


While we await the regulations to be issued later this year, intelligence coordination within the Services and between departments has increased significantly, particularly in areas relating to border security and control.

Our intelligence-driven investigations approach within the security cluster has led to better focus, prioritisation, integration, and deployment of resources and therefore yielded improved results in countering threats to national security.

The transformation of our Services, in line with government policy, remains a vital aspect in our efforts to enhance capacity. Of the total number of personnel employed in the Civilian Intelligence Community, 41 percent are women and they comprise 24, 6 percent of our overall management. Demographic representation includes 64, 2 percent African, 4, 1 percent Coloured, 2, 0 percent Asian, and 29, 7 are White. The percentage of disabled personnel is one percent.

With regard to the SAPS, the total staff establishment as on 19 May 2005 was 148907 members. We have recruited 5500 entry-level constables who will commence with their training in July 2005.

With regard to building capacity for the Department of Correctional Services, 946 Correctional Officials have completed their training and have been placed in Correctional Centres nationally.


Security for the Soccer World Cup in 2010 and Local Government Elections


Priority Committees have been established to plan, coordinate and execute the safety and security for both FIFA Soccer World Cup 2010 and the Local Government Elections. Preparations to secure the local government elections have been finalised. Appropriate attention will be given to relevant risk factors.

IMPROVING THE CONTINENTAL ENVIRONMENT AND THE CONSOLIDATION OF THE AFRICAN AGENDA

Our commitment to improve cooperation and partnerships on the Continent and globally continues at a vigorous pace. As stated, our ability to ward off transnational threats and promote development lies in forging such partnerships to counter threats of mercenary activity and proliferation of Weapons of Mass Destruction, among others.

Operation Morogoro, which was initiated in South Africa, was extended to Lesotho and Swaziland and is currently being carried out in Mozambique. Two Bi-lateral meetings were held with Lesotho and Mozambique in this regard.

Various bi-lateral operations were conducted in conjunction with the British Metro Police and the Belgium Police aimed at combating the smuggling of precious metals and diamonds.

The Department of Home Affairs will with effect from 01 July 2005 deploy 26 officials in South African missions abroad. This is a conscious effort on the Department’s part to build capacity and enhance the quality of our consular services in our foreign missions. The deployment of these officials follows a rigorous training schedule that they attended over a period of four months.