Minister Thembisile Simelane: Outlining of Justice and Constitutional Development priorities in the Seventh Administration

Deputy Minister, Mr. Andries Nel,
Director General, Adv Doc Mashabane,
Officials of the Department,
Members of the media, those present here and those on virtual platforms,
Ladies and gentlemen,
Thank you for joining us at this first briefing as the Ministry of Justice and Constitutional Development since assuming office last month. We are honoured and humbled by the enormous responsibilities entrusted to us to ensure that justice is administered fairly and efficiently for all South Africans.

Strategic engagement and consultation

Over the past few weeks, we have conducted a series of comprehensive meetings with management and branch heads to gain a detailed understanding of the Department's operational challenges and opportunities. This engagement has allowed us to appreciate the significant responsibilities that lie ahead.

In addition, we have consulted with the entities reporting to the Department of Justice and Constitutional Development (DOJ&CD), and we have received invaluable input from these briefings as we prepare to tackle the tasks before us. We are grateful for the messages of support and constructive advice from various organizations and institutions within the justice cluster. These insights will be instrumental as we work together to uphold and promote fair justice practices.

Moving forward, the Department will continue to engage with stakeholders and the broader justice community to ensure that our services are accessible and meet the needs of all South Africans.

Update on Marikana payouts

Today marks the 12th anniversary of the Marikana tragedy, a sombre chapter in our nation's history that continues to resonate deeply. The government remains steadfast in its commitment to addressing the claims arising from this tragedy.

To date, approximately R352 million has been disbursed in claims related to Marikana. This reflects our ongoing efforts to ensure that those affected receive the compensation they are due. The beneficiaries include the families of the 34 mine workers who lost their lives, as well as the injured and arrested mine workers. Each case has been assessed individually to ensure that compensation aligns with legal frameworks and court directives.

We have resolved most aspects of the Marikana matter, with the exception of constitutional damages, which are currently under consideration by the Gauteng High Court. We remain committed to finalizing this matter and ensuring that justice is served.

Investigating Directorate (IDAC) Proclamation and Implementation

President Cyril Ramaphosa assented to the NPA Amendment Act, 2024, on 24 May 2024, and yesterday (15 August 2024), the President signed a proclamation to bring the Act into operation, with the exception of section 8.

The establishment of the Investigating Directorate against Corruption (IDAC) as a permanent entity within the National Prosecuting Authority (NPA) marks a significant milestone in our fight against corruption. Unlike the previous Investigating Directorate, which was subject to dissolution by proclamation, IDAC’s permanence ensures its independence and the necessary parliamentary oversight. It also provides the IDAC with criminal investigation powers. 

The IDAC will no longer rely on secondments for staffing; instead, it will recruit permanent staff and invest in long-term training. This will enhance our capacity to combat complex corruption, implement decisions from commissions of inquiry, and uphold the recommendations of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption, and Fraud in the Public Sector.

The Ministry is also empowered by Section 40(1) of the NPA Act to make regulations to support the operations of the IDAC. The necessary regulations for section 19D(3) and section 22A(4) of the NPA Act have been prepared and will be published on 19 August 2024. Additionally, we are finalizing regulations under section 8, which will allow for the appointment of a retired judge to oversee complaints related to IDAC investigators.

State Capture Commission Data Management And Access

The Commission's Data Centre hosted its digital collection until the end of its term. The data consisted of both structured and unstructured data, with the latter estimated to be around one petabyte. The structured data made up approximately one percent of the total digital data.

The outcome of the meeting between the business-government partnership and President Cyril Ramaphosa is that the partnership is collaborating to set up a new independent digital evidence unit.

The unit will extract and analyse data from encrypted devices such as cellphones and laptops to come up with the evidence needed to prosecute criminal cases of corruption successfully, specifically cases related to state capture.

Data Sources
The Commission's data came from two primary sources:
1. Park Town Office: This office stored digital records from the Commission's hearings, investigations, and legal work, including data from the Commission's website.
2. Registry Office: This office received and collected documentary data submitted to the Secretariat office.

Data Sharing and Access
The Commission supplied data and information to law enforcement agencies, including the National Prosecuting Authority (NPA), long before its conclusion. To facilitate this, the Commission amended its Regulation 11 to grant special access to its data. The Commission also trained over 20 NPA investigators to access its digital forensic platforms.

Data Custodianship
The Department of Justice and Constitutional Development is the legal custodian of the Commission's assets, including its data, on behalf of the South African State, government, and people. Law enforcement agencies have priority access to the data but do not have exclusive access or ownership.

Data Sharing with Law Enforcement Agencies
The Secretariat has responded positively to data requests from various law enforcement agencies, including:

• NPA's Investigative Directorate (ID)
• DPCI (HAWKS)
• Asset Forfeiture Unit (AFU)
• Financial Intelligence Centre (FIC)
• South African Revenue Service (SARS)
• Special Investigating Unit (SIU)
• State-Owned Enterprises (SOEs)

Secretariat Residual Mechanism

The Secretariat, now integrated into the Department of Justice, is involved in two key projects:
1. The Library: A project to create a library from the Commission's documentary data, undertaken with the help of the HSRC.
2. Major Digital Forensic Library: A project to ingest and process the unstructured digital data (approximately one petabyte) using high-performance computing capabilities and data science expertise from the CSIR.

Both projects, along with all Commission assets, have been transferred to the Department of Justice and Constitutional Development in accordance with the founding Memorandum of Agreement and PFMA requirements.

The Department is also actively involved in the rollout of the National Anti-Corruption Strategy, which adopts a whole-of-government and whole-of-society approach. This strategy includes the establishment of Anti-Corruption Forums in the Health Sector, Local Government, and Infrastructure Build, led by the SIU, which have significantly bolstered public confidence in the fight against corruption.

State Attorney offices

The Department is currently implementing a robust turnaround strategy within the Offices of the State Attorney. This strategy is designed to address allegations of fraud, malfeasance, and corruption, as identified by the Special Investigating Unit (SIU) under Proclamation R. 23 of 2020.

We are committed to ensuring that all implicated individuals, regardless of their current employment status, are held accountable. This includes following through on the SIU's recommendations and initiating disciplinary proceedings where necessary. The integrity of the State Attorney’s offices is paramount, and we will continue to enforce our anti-corruption strategy to protect state resources and maintain public trust.

Master’s Offices

The Master’s Offices, critical in the administration of estates and other legal processes, are also undergoing significant reforms. These reforms are part of our broader efforts to combat corruption and improve service delivery within the justice system.
The turnaround strategy for the Master’s Offices includes implementing the SIU's recommendations and enhancing oversight mechanisms to prevent future misconduct. We are focused on improving efficiency and customer service at all Master’s service points through strategic collaboration with key stakeholders. Restoring public confidence in the Master’s Offices is a top priority.

Special Tribunal

We remain resolute in our commitment to bring perpetrators of corruption to justice. The Special Tribunal, established in 2019, continues to play a crucial role in recovering state funds lost to corruption. To date, the Tribunal has successfully recovered an estimated R15 billion, demonstrating the effectiveness of this specialized judicial body.

The Presidency will soon announce the names of the Judges of the Special Tribunal, ensuring that the SIU has the judicial support necessary to pursue further cases of corruption and malfeasance.

Extradition updates

The Department is actively engaged in addressing Mutual Legal Assistance in Criminal Matters and Extradition requests involving South Africa. We are committed to fulfilling our treaty and extradition obligations to ensure that justice is served in all relevant cases.

Recent developments include ongoing efforts to extradite Prophet Shepherd Bushiri and his wife from Malawi, as well as the Gupta Brothers from the United Arab Emirates (UAE). These cases have faced several challenges, but we remain steadfast in our pursuit of accountability. Our teams are working diligently through diplomatic and legal channels to bring these matters to a resolution.
On the AKA matter, we are today, awaiting the judgment on the main extradition application case involving Siyabonga and Malusi Ndimande in Eswatini.

Conclusion

In conclusion, ladies and gentlemen, we are convinced that through collective effort and unwavering commitment, we can deliver fair and quality justice to all South Africans. Let us join hands to build and maintain one of the most efficient and just legal systems in the world, for the benefit of our nation and its people.
I thank you.