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Budget vote debate: Department of Justice and Constitutional Development – As the law fails citizens, they will take it into their own hands all the more

The effective and even-handed administration of justice forms an integral part of any modern democracy. Without it, the state cannot exercise its right to maintain law and order and its monopoly on violence in reaction to criminal behaviour is jeopardised.

The fact that there is a growing distance between society and the state in this regard is noted with great concern. Communities are taking the law into their own hands more and more and this shows that they have lost faith in the criminal justice system. This is undoubtedly also related to the low conviction rate in criminal cases.

The research conducted by the economist Mike Schüssler on President Cyril Ramaphosa’s development indicators is very insightful. He found that over the past ten years the conviction rate for all crimes was a mere 6%. At the same time, less crimes are being reported.

According to him, only half of the reported crimes make it to the Court Roll. That indicates that the quality of investigation is also deteriorating. Given the situation, one can see why vigilantism – which is wrong in principle – is on the rise and also why private security companies are booming in the middle class.

It is ironic that the private sector is busy taking over a role in the community that is actually the state’s duty. It creates a very dangerous environment and the problem must be addressed urgently.

The National Prosecuting Authority (NPA) must also be turned around. There is a valid presumption that the NPA is selective when it comes to prosecuting and even that some people have immunity from prosecution. For instance, why did it take the NPA so long to act on the various charges of corruption against former President Jacob Zuma and EFF leader Julius Malema?

The decision first not to prosecute and then again to proceed with prosecution was totally politically driven and seemed to be subject to who is president. This must be put right.

Another issue that needs urgent attention is the official languages in our courts. We understand that the higher courts are going to phase out Afrikaans. The problem is, however, not only limited to Afrikaans, but it also affects all other official languages with the exception of English.

This gives rise to the question of how someone who is not at all, or only partially, fluent in English will be able to defend him or herself in court? There is no reason why translation technology cannot be used in addition to interpreters to ensure that the justice system accommodates speakers of all the official languages.

There is also no reason for why verdicts cannot be made available in all languages. Technology makes provision for this. Therefore, there is no reason why justice cannot be executed in all the official languages of our country.

The minister must also pay attention to the Ford Kuga death of Mr Reshall Jimmy. It is of the utmost importance that this criminal investigation is conducted before a high court judge and not a magistrate so that we can get clarity on the problems experienced with these vehicles. The particular series of vehicles may cause even more deaths as the case drags on.

Concerning hate speech legislation, the FF Plus wants to warn the minister to see to it that the law is applied even-handedly. If such cases are prosecuted selectively, it is going to cause great polarisation between the various races in our country.

 

Contact numbers: 082 391 3117 / 065 801 7216

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