Issued by: Ministry of Justice 8 October 1998
Three important pieces of legislation brought forward by the Department of Justice was approved by the NCOP (National Council of Provinces) yesterday. The Bills related to Witness Protection, further powers given to the Public Protectors and powers and conditions under which children under the age of 18 can be detained.
The Witness Protection Bill is the first of its kind in the country. With its passing a Witness Protections Directorate will be set up in the Department of Justice to be appointed by the Minister of Justice.
The Witness Protection Scheme is part of the Department's determined efforts to defeat organised crime.
It is a well known fact that without the evidence of witnesses the criminal justice system would collapse. In the past many prosecution cases failed because witness were intimidated against giving evidence. Introducing the Bill at the NCOP, Minister of Justice, Dullah Omar, said, "We cannot allow violence against witnesses or their intimidation to go on. We are determined to create an environment in which witnesses will be able to testify without fear of reprisals or intimidation. One of the effective steps in in introducing an effective witness protection programme."
He added:
"Persons committing serious crime have vested interests in preventing disclosure of the truth in courts. Often such individuals, or groups associated with them embark upon campaigns to intimidate witnesses. Sometimes they go beyond intimidation. Property of witnesses get destroyed or damaged and more seriously, witnesses have been physically harmed, their families threatened and on occasion witnesses have been killed. This happens particularly in gang related crimes."
Witness Protection will be dealt with in a multi-disciplinary manner. The Director will be assisted by officers of other state departments and persons in the service of public or other bodies.
The new Bill not only provides protection for witnesses in criminal cases, but also extends such protection to witnesses in inquest proceedings, commissions of inquiry, special tribunals and the independent complaints directorate of the South African Police Service.
Clause 8 of the Bill makes provision for temporary protection not exceeding 14 days, pending the finalisation of an application for protection. Minister Omar said, "this is a very useful measure which can be used in urgent cases where the risk to the safety of a witness or related person is so high that he/she needs to be placed under protection immediately."
Accompanying Witness Protection will be services for witnesses. This could include any general services that could be provided to witnesses, for example, the establishment of reception centres and the counselling of witnesses.
The second Bill promoted by Minister Omar, the amendments to the Criminal Procedure Amendment Bill, aims to create a balance between the conditions under which children under the age of 18 can be detained when they pose a threat to others. Previously no child under the age of 18 could be detained. The amendments to the Bill recognise that a child under 18 can pose a danger to society and therefore lays down the conditions under which the child can be detained. But it does so in a manner in which the best interests of the child are always taken into account.
Thus "a child may only be detained for the shortest appropriated period of time. The child must also be kept separately from detained persons over the age of 18 and treated in a manner and kept in conditions that take account of the child's age. These sentiments are also contained in the Convention on the Rights of the Child to which South Africa is a party and in terms of the Constitution South Africa has international obligations which must be fulfilled.
Minister Omar said at the NCOP: "the legislation was drafted with the rights of the child and the right to a crime free society uppermost in its mind." It will lead to a situation where less and less children will have to be detained as more secure facilities become available. This will eventually lead to the achievement of the government's goal of emptying our prisons, police cells and lock ups of young children. Until this goal is achieved the Bill allows hardened juvenile offenders who kill, rob and rape to be kept in prison pending the finalisation of their trials. The incidence of this type of juvenile violence and criminality is unfortunately an increasing reality here in South Africa as well as elsewhere in the world."
The Bill states that "only the most dangerous and hardened awaiting trial children should be detained in either a police cell, lock-up or a prison."
In another category of lesser criminal offence children under 18 years of age can only be detained in a police cell or lock-up for a maximum of 48 hours, but only when it is absolutely necessary. This can only be done also if there is no secure care facility which caters to the child's needs and which is clearly, defined in the Bill.
The Public Protector Amendment Bill allows for "preliminary investigations" to be undertaken by the Public Protector's Office since "there is confusion amongst senior officials of government agencies when an investigation is actually started in terms of the act.
Another important amendment allows for the appointment of a deputy public protector/s by the Minister of Justice after consultation with the Public Protector.
A third important amendment allows the Public Protector entry of premises for investigation purposes.
A fourth, of crucial public importance envisages that any report issued by the Public Protector shall be open to the public, unless exceptional circumstance required that a report be kept confidential.
Ending his address in the NCOP in introducing the Bills Minister Omar said, "with the new prosecution system, more adequate legislation and the new witness protection programme, South Africa will be in a much better position to win the battle against crime."
For further information contact: Bennie Bunsee (PRO to the Minister of Justice) Tel: (021) 461-6520 Cell: 082 462 1217