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Date : 17/03/2004
Source: Ministry for Safety and Security
Title: C Nqakula: Conference on Criminal Justice and Democracy


SPEECH BY THE MINISTER FOR SAFETY AND SECURITY, CHARLES NQAKULA, AT A NATIONAL CONFERENCE ON CRIMINAL JUSTICE AND DEMOCRACY, 10 YEARS OF LEARNING AND CHALLENGES, CAPE TOWN, 17 March 2004

Chairperson, MEC for Community Safety in the Western Cape, Cde Leonard Ramatlakane, Distinguished guests, Commissioner and other member of the South African Police Service (SAPS), fellow South Africans, let me first thank the organisers of this conference for inviting me to speak on what I believe to be an important cornerstone of our young democracy. They have asked me to speak on the achievements of our Criminal Justice Cluster over the last ten years and on what challenges we face in the next decade.

I want also to commend the MEC, Commissioner and the SAPS in the Western Cape on the outstanding work done in combating crime in the past year in this province. I do not want to give any figures because whenever we do that, certain sections of the media and opposition parties make all sorts of negative noises. What is surprising is that they accept figures from independent sources that confirm our figures. Well done Commissioner Petros and your team.

Any talk about the Criminal Justice System in our democracy has, of necessity, to start with the thinking behind the formulation of the policy that drives our democratic institutions. In our particular instance we have to start at the White Paper on Safety and Security, which laid foundations for peace and stability.

The initial policy direction was laid out in the 1994 Green Paper, which emphasised three key policy areas - democratic control, police accountability and community participation in issues of safety and security. The South African Police Service Act of 1995 concretised these new policy objectives by, among other things, establishing a Secretariat for Safety and Security.

Then in 1996 the government adopted the National Crime Prevention Strategy (NCPS), which provided a framework for a multi-dimensioned approach to crime prevention. Among other things the NCPS provided a means by which government departments could integrate their approaches to problems of crime control and prevention.

We have come a long way in meeting our objectives. We created one single police service from 11 separate police forces and succeeded in laying the foundation for making our police service accountable and community oriented. This was achieved by, among other things, the demilitarisation of the rank structure of the new police service and the appointment of skilled civilians into key positions in this service. We also established functioning mechanisms of civilian oversight in key positions in the service. We placed crime prevention firmly on Government=s agenda and a structure dedicated to the NCPS is now a component of the department.

Over time emphasis moved to improved service delivery. This means that our approach is underpinned by improved service delivery, putting community policing at the top of our approach. This has at its heart the principle that a partnership between the police and communities is essential to effective service delivery.

But it was always clear that community participation for service delivery and a militarised policy structure were incongruous, hence the demilitarisation of the service.

In the new environment of an integrated justice system involving the intelligence services, the police, the Justice and Constitutional Development Department, Correctional Services, the Defence Service and Home Affairs, emphasis has to be on interdepartmental co-operation to achieve service delivery in a co-ordinated manner.

Over the last ten years the JCPS structure has gelled and addressed various issues that concern the departments involved in an integrated manner.

The government's vision of policing in a democracy is crucial to all policies implemented in the last ten years and forms the basis of what needs to be done as we move into the next decade of democracy.

But even at this stage we need to unpack what we mean about justice in a democracy.

Prior to 1994 South Africa was a fragmented, undemocratic and oppressive state. Freedom of expression, gathering and political activity were restricted for a large majority of South Africans and the state security apparatus in place was used to prop up illegitimate governments.

From 1994 one of the first definitions required was what justice means in a democracy. Without doubt this has to be based on the Rule of Law and the equality of all before the law.

In reviewing the issues addressed during our ten years of democracy and working out the expected scenario in the next decade, the following issues have become pertinent, hence our approach and operation has to be informed by:

* Matters arising from a review of the past ten years
* Matters that have emerged as critical concerns of the population
* A consideration of the Progress the cluster has made up to and including this year.

There are several important observations about the government's achievement on its policy objectives but we have to accept that implementation requires considerable improvement if we are to sustain our gains.

* The policies that government developed and implemented were appropriate relative to the challenges dealt with
* There are significant trends which need to be planned for properly - changes in South Africa's demography, dramatic increase in the number of economically active people, changes in the structure of the economy and migration
* The four big ideas: the fostering of a social compact, improving the performance of the state in various services, addressing the consequences of the social transition, and improving the regional environment and implementing New Partnership for Africa's Development (NEPAD).

Our cluster has to test if its policies and implementation plans remain robust enough against any adverse effects of various negatives factors.

Limited opportunities and rising unemployment lead to increased crime and social tension. Greed in society exacerbates corruption. Organised crime could become one of the manifestations of corruption.

As we look into the future, we have to be aware that efficiencies in the Criminal Justice System could lead to overcrowding in prisons. If intelligence-driven investigation in SAPS leads to more criminals being brought to Justice and a more efficient justice system ensures that courts are more productive, invariably more people will be sentenced much faster.

But the real challenge is how in the context of having changed the approach to correction from punitive to rehabilitation is made to manifest itself. Rehabilitation has to be applied in such a way that repeat offending is reduced. Offenders have to be given opportunities to find their way back into civil society.

During the 2004/05 financial year the Cluster will complete a plan to increase co-operation with African countries. This will include enhancing both operational and development co-operation.

One of the key priorities in the decade will be implementation of recommendations that will emerge from a comprehensive review being done to the Criminal Justice System. The review is intended to give further impetus to the effectiveness of the Integrated Justice System.

In respect of the Criminal Justice System the cluster has the following priorities:

* Enhancing the present capacity of the South African Police service from 133 000 to 157 000 by 2009
* Continuing to implement the IJS programme predominantly in respect of modernising the justice system and improving the management of persons and cases through the justice system
* Improving the effectiveness of the courts
* Improving the effectiveness of the Criminal Justice system through constant review
* Reducing the backlog of cases pending trial and the related problem of awaiting trial detainees
* Dealing with overcrowding in correctional services
* Implementing an effective rehabilitation programme to reduce repeat offending
* Dealing effectively with sexual crimes
* Dealing with organised crime, within South Africa and across boundaries
* Reducing the number of illegal firearms while enhancing safekeeping of licensed firearms.

Regarding security the cluster is implementing the following priorities:

* Monitoring terrorism, both within South Africa and abroad
* Improving the capacity of intelligence structures, particularly counter intelligence and vetting
* Developing an overarching strategy and programme on border security
* Developing a national security strategy and management system
* Establishing and putting into operation the Protection and Security Services Division in the SAPS
* Phasing out the Commandos and replacing them with a revised SAPS reservist system
* Improving the capacity and readiness of Disaster Management Systems.

The cluster is of the view that it should pay more attention to improving implementation rather than focusing on policy details. This approach would be inclusive of the challenge of improving partnerships with organs of civil society as well as the need to improve co-ordination and integration within the cluster -- particularly at provincial and local levels -- and between the JCPS cluster and Social Services and Economic and Employment Clusters.

I mentioned earlier how crucial the Rule of Law is to our approach to justice. With this in mind the principal interventions over the next decade will relate to enhancing the Rule of Law on the one hand and national security on the other.

In respect of the Rule of Law the Cluster will:

* Improve the effectiveness of the integrated justice system through measures that will include implementing the recommendations of the audit review of the CJS; consolidating the notion of a single judiciary; improving efficiency in the courts; reducing the backlog of cases pending trial, implementing the IJS programmes, to list but a few examples
* Continue to reduce the level of crime, particularly contact crimes
* Deal with organised crime
* Reduce illegal firearms and thereby reduce their impact on violent crime
* Deal with overcrowding in prisons.

In order to bring down the level of crime the cluster intends implementing the following strategy:

* Implement a strategic approach focusing more on proactive and social crime prevention measures
* Increase the capacity and effectiveness of cluster departments. Home Affairs for instance has a staff of 7 500 which is a far cry from their requirements. They need to almost double this in five years
* Improving partnerships with important organs of civil society, community-based organisations and other stake-holders
* Conducting law-enforcement operations.

One element that comes out as essential is co-operation between various departments including those outside the cluster.

The following core departments are proposed to serve on the Programme Team on Crime Prevention - Departments of Social Development, Labour, Local and Provincial Government, Education, Health, Housing, Public Works as well as departments within the cluster.

In that programmes the Department of Social Development is proposed as the lead department in Crime Prevention, co-chairing with the Department of Correctional Services, both of whom also serve the Social Cluster and should also serve the Economic Cluster. The Department of Provincial and Local Government must also become a key role player in social crime prevention. This derives from the fact that it is at local government that delivery on many of the social determinants of crime must take place.

The function of the programme team will be to recommend, co-ordinate and monitor implementation of the Crime Prevention Strategy across the clusters. Tasks will include collation of reports and presentation of these to various administrative heads of departments.

The team will facilitate provincial integration. Provincial representation will be invited as and when required. Provincial Cluster Priorities should then be reflected in the priorities of the national Crime Prevention Programme.

Crime Prevention at provincial level should be managed by an interdepartmental team that reflects the national mechanism and should be led by provincial departments of Social Development and Provincial and Local Government.

Principles of co-ordination at national and provincial levels should be reflected at local level, with Local Government taking lead responsibility for delivery on crime prevention. Feedback through these teams to the JCPS Crime Prevention Programme should ensure the alignment of national, provincial and local crime prevention priorities, principles and objectives.

In closing Chairperson let me re-iterate what we are about. Peace and Stability is the vision of our democratic government. It covers not just our country but far beyond our borders and forms part of our instruments to help establish a new world order of freedom, democracy, peace and stability.

It is a clean-break therefore from the "silence of slaves" peace that was imposed through force of arms by the colonising power to a politically stable and civilian-influenced climate, which looks at:

* political stability;
* the fight against poverty, homelessness, illiteracy and disease through a system of integrated development, and
* people-driven processes where development percolates from bottom up.

I thank you.

Issued by: Ministry for Safety and Security
17 March 2004

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