'The time-frame is yesterday'
2008-08-05 18:05
Cape Town - The revamp of the criminal justice system (CJS) is being implemented urgently, deputy justice minister Johnny de Lange said on Tuesday.
"The time-frame is yesterday," he told the National Assembly's justice and safety and security committees - on the first day of public hearings on legislation dealing with the Scorpions' disbandment.
Giving an overview of the CJS review, which he is tasked to co-ordinate and bring to fruition, De Lange said about ten task teams were currently looking into various aspects of the review.
As their reports came in, they would be presented to Cabinet for approval and implementation would follow.
"If we don't do it in a short period of time, we'll lose the momentum, we'll lose all the political buy in... and so it's for us now to find the right things and then to push it as fast as possible.
Current system dysfunctional, fragmented
De Lange said the current CJS was dysfunctional, fragmented, had high levels of unaccountability, many blockages and obstacles, and overall system weaknesses.
The CJS as a single entity or system was not appropriately (or at all) managed or co-ordinated and its various components actually worked against each other.
A fundamental and radical departure was required from the current fragmented, unfocused system, mainly "driven by (or not) the strength of the personalities of individuals in leadership positions and meandering on it's own merry pace".
One recommendation of the seven-point plan to transform the CJS - approved by Cabinet last November - was to establish, by protocol or legislation, a new co-ordinating and management structure for the CJS at every level.
An effective protocol and supporting governance mechanisms would oversee and facilitate, among others, performance monitoring and cross-departmental co-operation.
Single vision
Another recommendation was a single vision and mission for the CJS leading to a single set of objectives, priorities and performance measurement targets.
The operations of the CJS departments and agencies had to be adapted and realigned to eliminate the present misaligned and often conflicting, contradictory and sometimes mutually destructive objectives, priorities and targets.
The third recommendation involved drastic transformation of court processes in criminal matters.
New processes would ensure, among others, that courts were focused on trials rather than administrative actions like postponements.
Cases would be screened to ensure only prima facie cases, trial ready cases, and those requiring incarceration pending finalisation of investigations were certified and introduced into court.
Witnesses would be subpoenaed to appear at court only when actually needed as witnesses, instead of their time being wasted through numerous postponements.
In this regard, the protocol for the Regional Courts would be finalised soon, De Lange said.
More forensic experts
Recommendation four dealt with implementing key CJS priorities in its component parts.
The focus would be on professionalism and capacity building in the law enforcement agencies to ensure the quality of the work they did.
Among other things, the number of crime scene and forensic experts and detectives would be substantially increased with concomitant increases in facilities and equipment, and increased and appropriate training.
Skills and experience would be retained through attractive and specialised career path options, including an occupation specific dispensation.
The final three recommendations were to establish an integrated and seamless national CJS information system, to modernise systems, and increase the capacity of community policing forums (CPF).
- SAPA