28 JUNE 1999
As our country embarks on the second democratic term, we have to reflect on the shortcomings of the previous term and resolve to improve significantly on performance. While over the last five years the Department was able to lay a solid legislative and ind eed infra-structural foundation for a strong and responsive justice system, many problems continue to plague our justice system and at times evoking public sentiments that the new democratic order is more sympathetic to human rights concerns of criminals a nd less sensitive to the plight of victims of crime and the general sense of insecurity that continues to besiege our country.
The vision of the Department of Justice is to contribute towards the creation of a stable society in which everyone will be able to live in peace, assured of a legitimate, accountable, transparent and accessible justice system that upholds the rule of law. However, this vision can only be achieved if in the aggregate, we are committed to the maximisation of democratic values based on human rights and human dignity. Thus, while our intention to curb crime and bring perpetrators to justice remains undiluted, we are equally cognisant of our constitutional duty to promote fairness, due process and equity as hallmarks of any democratic order. Admittedly, the balance between the two is often elusive and at times difficult to maintain. We are committed to finding a healthy balance between these two competing and legitimate concerns in a manner that will in the process enhance the foundations of our nascent democracy.
Reducing the overall crime rate is our top priority. As a partner in the National Crime Prevention Strategy, we will be looking at ways in which our courts can play a more effective role in the fight against crime, e.g uniform sentencing guidelines
As part of the National Crime Prevention Strategy and the Victim Empowerment Programme, the Department is also facilitating the development of a Victim's Charter which will have a positive impact on vulnerable groups including children. The right to be tre ated with respect and dignity; the victims' right to be heard and allowed to offer information as valuable contribution to the investigation and prosecution of a case; the right to protection from intimidation, retaliation or any other danger to themselves or their families; the right to restitution either from the state or the offender to reimburse them for expenses or restore their rights where possible; the right to compensation for loss resulting from victimisation which may assume the form of material, medical, psychological, legal or social assistance.
International cooperation in criminal matters is also viewed as imperative for effective combating of drug trafficking and trans-national crime. To this end the department has already initiated a number of administrative and legislative initiatives. E.g. t he first meeting of SADC law ministers where matters of better co-operation will be extensively discussed is scheduled to take place in Windhoek at the end of this week.
We shall be reviewing the implications of bail legislation with the view to ensuring that those who are likely to pose a danger to the investigation of cases, security of witnesses and the general security of the public remain in custody. At the same time we need to ensure that those who do not constitute such danger are not kept in custody so that the fiscal burden can be alleviated and the resources can be channelled to more urgent and critical areas of the criminal justice system.
We are currently faced with a high number of awaiting trial prisoners who are exerting tremendous pressure on the fiscus. We will be looking at a multi pronged approach in which the process in the courts is accelerated to ensure expeditious disposal of cas es. At the same time we hope to promote a more collaborative relationship with other law enforcing agencies to ensure that cases are properly investigated before they come to trial. More specifically the Department has already embarked on the following:
intensive training for detectives and prosecutors on all aspects relating to ball, the establishment of integrated investigative system, the creation of special bail courts where possible, better case and court management and the decision to roll our pretr ial services to all centres so as to ensure that dangerous criminals do not get bail.
The establishment of the National Prosecuting Authority took the fight against organised crime to an unprecedented level and brought in new strategies that signify a clear departure from ineffective traditional methods of the past.
After an extensive consultation with other role players in the criminal justice system, a dedicated Investigative Directorate for Organised Crime and Public Safety was established and for the first time police investigators are guided by skilled prosecutor s on a day-to-day basis. Thus each docket which goes through this process meets the possible highest standard of evidential proof required by the courts.
The Department also introduced in Parliament the Prevention of Organised Crime Act which was passed by Parliament last year. This Act gives the police and prosecutors new powers to deal with organised crime. In a related initiative the NDPP recently appoin ted Mr Willie Hofmeyer as a special Director, to head the Assets Forfeiture Unit which has the power to seize assets and attach properties accumulated through proceeds of crime.
As announced by the President on Friday, Government has decided to introduce an amendment to the Prevention of Organised Crime Act as soon as possible to make it clear that it operates retrospectively.
Government believes that this amendment is vital to ensure that the Act can be used effectively against criminals. We do not believe that criminals have any right to keep the proceeds of crimes that they committed before the commencement of the Act.
It is clearly in the public interest to bring certainty on this issue as soon possible to avoid lengthy and expensive litigation.
I would like to stress that Mr Bulelani Ngcuka, the NDPP, will continue with his appeal against the recent judgement of the Cape High Court, and that he is confident of winning the appeal. He will also continue to bring forfeiture actions in other High Cou rts, and he believes that they will not follow the Cape decision.
The Cape High Court did not rule that it would be unconstitutional for Parliament to make law retrospective, but merely held that the wording of the provision did not do so.
The proposed amendment will amend the definitions of the "proceeds of unlawful activities" and "instrumentality of an offence" to make it clear that they apply to offences committed "at any time before or after the commence of the Act".
The government is also giving car hi-jacking very serious attention. The Prosecution Task Force on Hi-jacking, which has united the prosecution, police and the community has already been instrumental in the arrest of hijacking syndicates and their kingpins based in Johannesburg, Pretoria and Mozambique in the last few months. It has also led to the arrest of 36 suspects who were all refused bail, recovery of vehicles worth more than R3m and the resolution of numerous murder cases connected to car hi-jacking .
Perhaps, the biggest challenge facing the office of the National Director of Public Prosecution lies in the identification, investigation and possible prosecutions of perpetrators of gross human rights violations emanating from the TRC process.
The Departments intends to strengthen its witness protection programme by setting up a new directorates and adequate budget allocation. The number of people under the witness protection programme has over the last two years increased significantly, form 40 to 700. There are already indications that this programme has led to a drastic increase in convictions particularly in the Western Cape and KwaZulu-Natal.
The Department will also accelerate the implementation of integrated measures to prevent and eliminate violence against women and facilitate the prosecution of perpetrators. Sexual offences courts have been set up in various centres and the South African L aw Commission is also looking at the juvenile justice system as part of its law reform programme.
Corruption and its close ally, crime are not the only biggest threat to the stability of the country, but have the potential to pose a serious threat to the whole edifice and social fabric of democracy, the rule of law and human rights culture we are pains takingly building.
The Department will remain one of the most important role players within NCPS, particularly with regard to the reform of the criminal justice system to remove blockages and improve efficiency so that the system becomes an effective deterrent to crime.
CONTACT PERSONS: SIMON NGOMANE, 082 491 3505, PAUL SETSETSE, 083 252
ISSUED BY THE COMMUNICATION SERVICES OF THE DEPARTMENT OF JUSTICE ON BEHALF OF THE MINISTRY.