Justice Services supports and improves the functions of the justice system by providing innovative, integrative, and cost-effective services and alternative sentencing. This work promotes public safety, increases self-sufficiency, and provides the justice system with alternatives to incarceration.
Justice and Correctional Services In South Africa
Department of Justice and Constitutional Development
The DoJ&CD derives its mandate from a number of Acts, in addition to the mandate it derives from the Constitution of the Republic of South Africa of 1996.
These Acts and the constitutional framework assign functions to the department, such as the:
establishment of magistrate’s courts, and the appointment of magistrates and other judicial officers;
appointment of judges and other judicial officers, their conditions of service, discipline and training;
establishment and functioning of the National Prosecuting Authority (NPA);
conducting of criminal proceedings;
the prosecution of organised crime and corruption, and the forfeiture of assets obtained through illicit means;
provision of witness protection to vulnerable and intimidated witnesses and their related persons in judicial proceedings;
establishment and functioning of bodies responsible for legal aid, law reform and rule making;
appointment of masters of the high courts;
management of third‐party funds;
administration of the Guardian’s Fund and deceased and insolvent estates;
regulation and provision of legal advisory services to government departments;
management of state litigation;
promotion, protection and enforcement of human rights; and
protection of vulnerable groups; and the provision of support to Chapter 9 institutions.
Chapter 12 of the National Development Plan sets out a vision for building and maintaining safe communities in South Africa through, among other things, strengthening the criminal justice system.
This vision is expressed in terms of Priority 5 (social cohesion and safe communities) of government’s 2019‐2024 Medium Term Strategic Framework. The work of the DoJ&CD is directly aligned with this priority in that a well‐functioning criminal justice system provides relief to victims of crime, protects vulnerable groups and swiftly acts against perpetrators of corrupt activities.
To this end, over the medium term the department will focus on: implementing the integrated criminal justice strategy, eradicating gender-based violence and femicide (GBVF), and strengthening the state’s capability to combat corruption.
Implementing the integrated criminal justice strategy
The most effective deterrent to criminal activity is an efficient and effective criminal justice system.
The Integrated Criminal Justice Strategy aims to improve the efficiency of the criminal justice system through aligning the business processes of various stakeholders in the criminal justice system, improving and strengthening the capabilities of the criminal justice system, and coordinating integrated interventions across the criminal justice value chain. The department leads the implementation of the strategy in the justice, crime prevention and security cluster.
Eradicating GBVF
A common criticism levelled against the State is its ineffectiveness to respond to the crisis of rape, domestic violence, femicide, child homicide and related forms of GBV. In response, government has developed the National Strategic Plan (NSP) on GBVF, which requires large‐scale changes in the criminal justice system.
In March 2020, Cabinet approved the NSP on GBVF, which is based on the following six pillars:
- Accountability, Leadership and Coordination;
- Prevention and Restoration of Social Fabric;
- Protection, Safety and Justice;
- Response, Care, Support and Healing;
- Economic Empowerment; and
- Research and Information systems.
To ensure a seamless transformation process, training in producing rapid results will also be undertaken at all levels of management. In contributing to building a victim‐centric criminal justice system, the NPA will increase the number of Thuthuzela care centres from 55 in 2019/20 to 60 in 2022/23.
Strengthening the State’s capability to combat corruption
In responding to the urgent need to combat corruption in South Africa, the NPA has been allocated additional funding.
The funds will be used to increase capacity in all business units; rejuvenate the aspirant prosecutor training programme; and operationalise an investigative directorate to deal with serious, high‐profile or complex corruption, and any other cases referred to it by the national director of public prosecutions in accordance with the NPA Act of 1998.
The NPA was expected to increase the number of specialised commercial crime courts. The Special Investigating Unit was also to appoint forensic investigators and operationalise the Special Tribunal, which has a statutory mandate to recover public funds syphoned from the fiscus through corruption, fraud and illicit money flows.
Office of the Chief Justice (OCJ) and Judicial Administration
The Office of the Chief Justice and Judicial Administration derives its mandate of providing effective administrative and technical support to the Chief Justice as the head of the Judiciary and the Constitutional Court from Section 165(6) of the Constitution of the Republic of South Africa of 1996, read together with the Superior Courts Act of 2013.
The mandate has the following supplementary functions: provide and coordinate legal and administrative support to the Chief Justice; provide communication and relationship management services; provide intergovernmental and internal coordination services; develop administration policies for courts; support the development of judicial policy, norms and standards; support the judicial function of the Constitutional Court; and support the Judicial Service Commission and South African Judicial Education Institute in the execution of their mandates.
The courts
Constitutional Court
The Constitutional Court as the highest court in the land and its decisions cannot be changed by any other court.
The Constitutional Court, based at Constitution Hill in Johannesburg, is presided over by 11 judges who stand guard over the Constitution and protect everyone’s human rights. When a person, an organisation or a company is not satisfied with any decision of the High Court on any matter; they can approach the Constitutional Court for a review of that decision. Normal appeal matters are however dealt with at the Supreme Court of Appeal (SCA).
Supreme Court of Appeal (SCA)
The SCA, situated in Bloemfontein in the Free State, has Jurisdiction to hear and determine an appeal any decision of a High Court. Except for the Constitutional Court, no other court can change a decision of the SCA. Only the SCA can change one of its own decisions. The SCA consists of a President, Deputy President and 23 permanently appointed judges.
High courts
The High Court handles any case which exceeds the jurisdiction of the Magistrates’ Court or when a person or organization goes to the court to change a decision of a Magistrates’ Court, which means appealing a case. Cases of the High Court are listened to by one Judge, meaning a person with many years of practical experience.
However, if it is a case on appeal, then at least two Judges must hear the case. Sometimes if the case is about a very serious crime then a Judge and two experienced people in law who are usually advocates or Magistrates who have retired, will listen to the case. The two people are called assessors. The assessors usually help the Judge to make a decision.
The High Court divisions have “jurisdiction” – the right to hear a case – over defined provincial areas in which they are situated, and the decisions of the High Court are binding on Magistrates’ courts within their areas of jurisdiction. They usually only hear civil matters involving more than R100 000, and serious criminal cases. They also hear any appeals or reviews from lower courts (Magistrates’ courts) which fall in their geographical jurisdiction. The High Court usually hears any matter involving a person’s status such as adoption and insolvency.
There are 14 high courts: the Eastern Cape High courts in Grahamstown, Port Elizabeth, Mthatha and Bhisho; the Free State High Court in Bloemfontein; the North Gauteng High Court in Pretoria; the South Gauteng High Court in Johannesburg; the KwaZulu-Natal High courts in Pietermaritzburg and Durban; the Limpopo High Court in Thohoyandou; the Northern Cape High Court, Kimberley; the North West High Court, Mafikeng; and the Western Cape High Court in Cape Town and Mpumalanga High Court in Mbombela.
The following specialist high courts exercise national jurisdiction:
- The Labour Court and Labour Appeal Court in Braamfontein, Gauteng, which adjudicate over labour disputes and hear labour appeals, respectively.
- The Land Claims Court, in Randburg, Gauteng, which hears matters on the restitution of land rights that people lost after 1913 as a result of racially discriminatory land laws.
- The Competition Appeal Court, situated in Cape Town, which deals with appeals from the Competition Tribunal.
- The Electoral Court, situated in Bloemfontein, which sits mainly during elections to deal with associated disputes.
- The Tax Court, situated in Pretoria, which deals with tax-related matters, including noncompliance with tax obligations.
What are the services offered by Department of justice in South Africa ?
The core functions of the Department are ensuring equitable access to justice services; protecting and promoting the rights of children, women, the aged and people with (physical and mental) disabilities; improving the efficiency of the courts; developing legislation and promoting the Constitution; administering
What type of justice system does South Africa have?
South Africa has a mixed legal system – a hybrid of Roman Dutch civilian law, English common law, customary law and religious personal law.
What does justice department do in South Africa ?
DOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws; its Immigration Judges ensure justice for immigrants in
What are the 5 sources of South African law?
SOURCES OF LAW
As South African Law has many sources ie. Common law, legislation or statutes, judicial precedent (court decisions), indigenous law, custom and legal academic writings, it is of practical importance for lawyers to be aware of these different sources which provide the key to the content of the law.
What is the most important source of law in South Africa?
The Constitution
The Constitution is the supreme law
South Africa is a constitutional democracy. This means the Constitution is the highest law of the land. Parliament cannot pass a law which goes against the Constitution. No person, not even the President, can go against it.
Which South African law that is unjust?
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA or the Equality Act, Act No. 4 of 2000) is a comprehensive South African anti-discrimination law. It prohibits unfair discrimination by the government and by private organizations and individuals and forbids hate speech and harassment.