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ACDP MP, Steve Swart has called for vigilance on judicial independence during Justice and Constitutional Development Budget Vote earlier today:

"The ACDP believes that vigilance is always crucial when matters regarding judicial independence are at stake.

It appears that the debates we had in 2006 surrounding the independence of the judiciary are resurfacing, particularly if the so-called Mbeki package of amendments are to be reintroduced.

Let us be mindful that the then outgoing Chief Justice Chaskalson expressed the view that most judges and lawyers were of the view that those proposed measures were demeaning to and showed a lack of trust in the judiciary.

By saying this he emphasised that the judiciary was not opposed to transformation, but that the issue related to "institutional independence".

The ACDP agrees and for its part will remain vigilant in this regard.

Chairperson, last year, the Deputy Minister of Justice in a very frank manner highlighted the many challenges facing the criminal justice sector. This culminated in a comprehensive review of the criminal justice system as a whole. Last week the DG advised us that the review was ongoing. When, Hon Minister, can we expect this to be finalised, and are there any quick fix solutions to certain of the identified problems in the meantime.

One of the priorities identified was the urgent need to strengthen the forensic powers and capacity of the (SAPS).

South Africa has one of the highest crime rates in the world. It is irrefutable that the effective use of fingerprints and DNA evidence would help track down criminals, and once apprehended ensure that the prosecution's case succeeds in court.

What is most alarming is that the SAPS apparently has no access to the fingerprints kept by the Departments of Home Affairs (containing the fingerprints of 31 million citizens) and E-NATIS system of the Department of Transport (containing a further 6 million thumbprints). It is no wonder that in a huge number of cases the perpetrator remains undetected.

The Criminal law (Forensic Procedures) Amendment Bill seeks to address these issues, by expanding of the powers of the police to collect and store DNA samples and fingerprints, to establish a National DNA database, and to give police access to electronic databases of the Departments of Home affairs and Transport. This will assist in excluding suspects and identifying perpetrators.

The alarming high levels of crime in the nation justify these amendments which are in line with international best practice. It is then unacceptable that the Criminal Law (Forensic Procedures) Bill that would address these shortcomings and was earmarked for urgent attention was not adopted earlier this year. The ACDP is pleased that the Minister has now tabled this bill and trusts that we can urgently attend to this matter. The funds were made available - let us strengthen the fight against crime by urgently finalising that bill.

The ACDP welcomes the amount of R3billion allocated for restructuring the criminal justice services over the medium term. These funds provide for expanding the criminal DNA database, accelerating the roll-out of national fingerprint and case management systems, and upgrading IT systems.

Ensuring justice to vulnerable groups such as women and children is crucial. This can be done by implementing the Child Justice Act, improving services such as maintenance, the Guardians funds and provisions of the Domestic Violence and Sexual Offences Act, as well as providing assistance for victims of crimes.

The issue of maintenance remains a severe problem, experienced by many citizens. Maintenance is often the sole means of support for many single parents. It is estimated that there could be hundreds of thousands of fathers who do not pay maintenance. The question of maintenance is one of the issues that, if handled correctly, can most definitely alleviate poverty.

When one further considers the economic crisis, speedy administering of deceased and insolvent estates is crucial. The ACDP supports the targets of providing beneficiaries of the Guardian's fund with access to their funds within 60 days, the winding up of small estates within 4 months and that of larger estates within 12 months. This will all depend of course on the co-operation of the executors in furnishing outstanding requirements.

We must also ensure the reduction in the number of sexual offences, particularly those committed against our children. We therefore welcome the establishment of the National Register for sex offenders that comes into effect on the first of next month. How, Hon Minister, will this register link with that set up by social development.

Whilst the ACDP commends the department on having spent 99 percent of its budget, it continues to face various challenges. We are therefore pleased that the portfolio committee accepted our proposal that the department should report quarterly report to us, which will assist us with our oversight work.

The NPA are at the forefront in the fight against crime. The ACDP is concerned at the high level of vacancies, some 22 % which negatively impacts upon the goal of having two prosecutors per court. We trust that the OCD will enable the NPA to attract practising legal professionals. Whilst appreciating that the report is historical and that many of the issues are being addressed, we are also concerned about the AG'S disclaimer on the NPA's finances.

The ACDP was pleased that 187 Scorpions investigators have taken up offers to join the Directorate for Priority Crime Investigations (DPCI). An additional 55 members will be redeployed within the NPA.
We cannot afford to lose these highly skilled and trained investigators. In this regard, Hon Minister, do we have the figure of the number of Scorpions that have resigned over the last year.

A judicial system is only as good as those who administer the law. Whilst there are very many dedicated prosecutors and magistrates, the crime problem is exacerbated by a criminal justice system that has insufficient capacity to serve as a sufficient deterrent to crime. Courts are understaffed and court rolls clogged to such an extent that cases are continuously postponed with a knock-on effect on the number of awaiting trial prisoners kept in deplorable conditions of over-crowding. There is furthermore an unacceptably high number of misconduct hearings pending against judicial officers who are supposed to uphold the law.

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. Persons in each of these links are answerable to different persons, which hinders proper accountability.

We need to ensure that the day-to-day functioning of the criminal justice system is achieved by enforcing an integrated approach whereby the four key government departments (safety and security, justice, correctional services and welfare) take responsibility for the success of the system by means of binding inter-departmental protocols.

The ACDP has called for such protocols in the past which will serve to enhance and strengthen the existing integrated justice system court centres. The involvement of organized business in the form of Business Against Crime must be encouraged to assist in building capacity in the fight against crime. An integrated justice system approach, as well as an effective pre-trial services programme will go a long way to reducing the number of awaiting trial prisoners.

In conclusion, I would like to congratulate the Minister and Deputy Minister on their appointments. Whilst there are many and varied challenges facing the Department, I would like, on behalf of the ACDP, to thank all dedicated staff members for their committed and hard work in the department".