From the 7 point plan (2007) to ICJS (2017)

1. INTEGRATED CRIMINAL JUSTICE STRATEGY (ICJS)Presentation to Department of Correctional Services’ Strategic Planning Session 14 August 2019

2. From the 7 point plan (2007) to ICJS (2017)

3. The basis for the ICJS • Cabinet approved the development of an Integrated Criminal Justice Strategy (ICJS) in November 2017 • The ICJS is in response to the need for effectivecooperation and integration of initiatives, programmes and plans of the departments and law enforcement agencies under the Justice Crime Prevention and Security (JCPS) cluster in realising the strategic objective of the National Development Plan – of building safer communities and creating a resilient anti-corruption Criminal Justice System. 3. This strategic goal contributes to the realisation of Outcome 3 - that All People in South Africa are and Feel Safe”

4. The criminal justice value chain in SA’s democratic dispensation

5. EVOLUTION OF THE OF THE CJS REFORM • 1996 Government adopts the National Crime Prevention Strategy (NCPS) as a vehicle to transform and align the criminal justice system to the new democratic dispensation. The CJS was one of the 4 pillars of the NCPS • 2008Cabinet adopts the Seven (7) Point Plan in recognition that the criminal justice system in South Africa was performing sub-optimally, and sets out how to establish a new, modernised, efficient and transformed system, consisting of seven fundamental transformative changes • 2012 The National Development Plan: Vision 2030 (NDP) is adopted as a comprehensive macro-policy that constitute a roadmap for the transformation of society. Strengthening the CJS is one of its major priorities • 2014 One of the broad strategic outcomes of the Medium Term Strategic Framework (MTSF) (2014-2019) adopted is Outcome 3: “All People in South Africa are, and feel safe”. • NOV 2017Cabinet approves a broad framework for the development of an Integrated Criminal Justice Strategy (ICJS) to promote a transformed, efficient, effective and modernized and integrated criminal justice system for South Africa, by March 2018 - date later extended to March 2019 • 2018 – 2019: Implementation of key strategic goals under the 8 pillars of the ICJS

6. Broad themes or pillars of the ICJS The following are the broad pillars of the ICJS which incorporate the 7 point plan and emerging trends from the NDP • Integrated Panning and budgeting across the cluster • Integrated performance management system across the CJS • Modernisation of the criminal justice system and the reengineering of the business processes to enhance efficiencies and meet the transformation outcomes • Building a transversal ICT platform across the CJS through the IJS • Review all laws applicable across the CJS value chain to build efficiencies from start-to-end • Strengthening the fight against corruption across the CJS • Building a capable State that protects domestic peace and stability and the sovereignty of the State • Eradicate gender-based violence and femicide • Integrated approach to victims empowerment

7. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 1: Integrated Planning and budgeting • The austerity measures imposed by the shrinking fiscus are pointing to the benefits of joint planning • National Treasury as already pronounced on the need for an integrated programmes and budget in respect of the CJS budget under the approved ICJS • DCS can be of service across the CS in terms of service offering in respect of offender labour • The DOJ&CD’s in-source model piloted in the Middleburg local seat can be a model across the cluster

8. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 2: Integrated Performance Management system • The process underway which will culminate on the new MTSF provides opportunity to align performance outcomes across the JCPS cluster • Information sharing and management across the CJS from start-to- end is essential and useful tool for integrated performance management • Through the ICJS we seek to develop a mechanism for the consolidation of data collection and collation across the CJS to ensure accurate, credible, and complete information to guide our planning, budgeting and solution-development • Integrated performance management will enhance monitoring and evaluation at DGs JCPS and PMC level

9. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 3: Modernisation and process re-engineering • Out-dated and cumbersome processes continue to compromise the CJS and build inefficiencies at every entry-point across the value chain – there is therefore and irresistible pressure to reform the CJ processes which is also propelled by the 4th Industrial Revolution • By modernising the CJS we will yield: • expeditious processing of criminal matters from start-to-end thereby enhancing Access to Justice and restoring public confidence in the Justice (leading to investor confidence) • In the context of the DCS this will lead to reduction in awaiting trial population and free bed-space for sentenced offenders; eliminate mistaken identity of accused persons transported to the courts and errors associated to the manual processes

10. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 4: Building a transversal ICT platform across the CJS through the IJS • Creating a transversal ICT platform through the IJS is a sub-programme of the modernisation drive which encompasses business processes re-engineering and legislative reform • Automating and digitisation of out-dated and cumbersome processes compounds and over-burdens the CJS and escalate the costs of CJS • The AVR is a solution of the IJS which connects the correctional centres to the courts – but was not developed its conceptual phase to leverage benefits across the CJS • The AVR concept needs to be broaden to incorporate the electronic transmission of evidence across the spectrum and thereby eliminate travel costs for witnesses, avoid secondary victimisation arising from offender/victim eye-contact

11. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 5: Review all laws applicable across the CJS • The review of the CPA to meet the modern trends is one legislative reform that involves all State and Non-State actors across the CJS value chain • Despite the extensive amendments to the CPA there are still glaring omissions that continues to locate the CJS machinery to the apartheid-past and this include: • Its bias towards the State over victims • Its non-alignment to the Bill of Rights resulting in perceived imbalances between accused and victims rights • Limited remedial actions towards the victims • Over- bureaucratic nature • The non-sanctioning of victim participation in bail, parole fuel perception of accused bias

12. LINKING DCS TO THE PILLARS OF THE ICJS Pillar 6: Strengthening the fight against corruption across the CJS • The focus on the fight against corruption resonate with the NDP – it was not listed in the 7 point-plan • The corruption-resilient CJS prevents the corruption and the revelations made at the Commissions of Inquiry point to a CJS that was in a state of paralysis and to some extent complicit to the scourge • Legislative and institutional reforms geared to combat corruption have been less effective due to lack of capacity for implementation • The remedial measures aimed at redeeming the CJS would invariably over-stretch the constraints capacity of DCS

13. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 7: Intensify domestic stability and protect the sovereignty of the State • Domestic instability caused by undocumented non nationals • Porous borders over- stretches the resources and capacity of the State • Courts capacity over- stretches by foreign language interpretation demands which are raised to frustrate proceedings • Need to accelerate policy on prisoner exchange and its implementation to address over-crowding

14. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 8: Eradicate Gender-based violence and femicide • Victims of Crime Surveys continue to pitch South Africa amongst the highest countries with incidences of GBV • It is for this reason that the eradication of gender based violence a priority and a Presidential initiative • The cluster including the DCS must identify its role in the implementation of the declaration of the Summit on the GBV • Modernisation and legislative reforms are necessary to eradicate the scourge

15. LINKING DCS TO THE 8 PILLARS OF THE ICJS Pillar 9: Integrated approach to victims empowerment • The development of an integrated approach to victim-centric CJS is necessary to counter-balance the perceived perpetrator-bias. • From DCS’s angle will be in relation to victim empowerment is on restorative justice through which the offender-victim mediation are an essential element of reintegration into society • Institutionalisation of community service both as a non-custodial and post-incarceration are an essential element of restorative justice

16. Where are we with the ICJS • We are at the stage of building research capacity across the CJS value chain to implement the identified priorities of the ICJS, which are: • Accelerate the review of the CPA • Transform the parole system for greater victim and community participation • Transform the expungement dispensation to remove its life term impact on offenders • Modernisation, processes re-engineering and legislative reforms to create an effective and efficient CJS that respond to the emerging trends • Align the IJS to the modernisation programme and enhance its governance

17. Where are we with the ICJS • Institutional reforms, including courts – for eg- the need to strengthen the NPA, and revamp the Special Commercial Courts to deal effective with economic crimes • Update the criminal law statute book to transform out-dated common law crimes • The rationalisation of personnel across the CJS informed largely by the outcome of the rationalisation of courts and their jurisdiction. The reconfiguration of magisterial districts and sub-districts will have an impact on DCS’s correctional centres, present and future

18. ICJS Action steps 2. Submit a detailed Cabinet memorandum: - - Giving progress report on the progress of the CJS reform and key priorities of the 6th Administration which will constitute the MTSF currently being developed • setting-out an detailed Implementation Plan of the ICJS with realistic time-frames • Recommend the utilisation of CARA in respect of priority areas that require Government intervention, including measures to strengthen the fight against corruption It is therefore DCS to be amongst the key role-players and drivers of the CJS (along side SAPS, DOJ&CD and NPA) as part of the Ministry and a critical player

19. ICJS Action steps 2. Submit a detailed Cabinet memorandum: - - Giving progress report on the progress of the CJS reform and key priorities of the 6th Administration which will constitute the MTSF currently being developed • setting-out an detailed Implementation Plan of the ICJS with realistic time-frames • Recommend the utilisation of CARA in respect of priority areas that require Government intervention, including measures to strengthen the fight against corruption

20. CONCLUSION • It is therefore DCS to be amongst the key role-players and actors in the criminal justice value chain (along side SAPS, DOJ&CD and NPA) as part of the Ministry and a critical player • The CJS plays a critical role in the security cluster and its leadership within the JCPS remains a fundamental issue if we are to win the fight against crime and corruption • The collaboration of DCS and DOJ&CD has yielded positive outcomes in particular with regard to in-mates insource model which used for the revamp of the Middleburg local seat of the High Court and its institutionalisation and expansion into other areas such as furniture for new courts • Being in the same Ministry provide opportunity to work on matters of common interest including the sharing of facilities and expertise particularly in the building environment • There is a need to formalise our collaboration through, among others, development of Memoranda of Understanding between the two departments

21. 1. Legislative reform Immigration related law reform and litigations • Address constitutional invalidity of section 34 of the Immigration Act 13 of 2002 • Integrated interventions include: • Dealing with bringing to court within 48 hours for fair administrative processes and judicial oversight • Dealing with foreign language interpretation aspects • Interim measures to improve availability of interpreters • Legislative measures - ConCourt judgment and other DHA legislation to be dealt with inter-departmentally

22. Thank you