Justice Minister confirms Police Commission terms of reference signed
Kubayi has confirmed that the government has also provided security to Commissioners.
President Cyril Ramaphosa has appointed Justice Mbuyiselo Madlanga to investigate the allegations.
The Minister says that the wheels are in motion.
A second Commission, to be chaired by retired Constitutional Court Justice Sisi Khampepe, will investigate allegations of political interference blocking the NPA from prosecuting those responsible for crimes committed during the Apartheid era.
Kubayi could not immediately provide figures on the cost of the two Commissions.
However, she has emphasised that lessons from past inquiries have been taken to heart and the government will exercise fiscal restraint.
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IOL News
3 hours ago
- IOL News
NPA's strategies to combat gender-based violence and restore public trust
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, announced the National Prosecuting Authority's strategy, which aims to encourage victims of gender-based violence to report crimes and to restore public confidence in the legal system, especially in light of recent high-profile acquittals. Image: Ntswe Mokoena / GCIS The National Prosecuting Authority (NPA) is implementing a wide-ranging, victim-centric strategy to ensure that high-profile acquittals do not deter victims of gender-based violence (GBV) from reporting cases or seeking justice. In light of public concerns regarding the effectiveness of prosecuting GBV and high-profile crimes, particularly after the acquittal of Pastor Timothy Omotoso despite serious allegations and years of trial, Justice and Constitutional Development Minister Mmamoloko Kubayi revealed this information. In response to parliamentary questions from the EFF's Sixolisa Gcilishe, Kubayi addressed concerns about how the department prevents high-profile acquittals from discouraging GBV victims from coming forward. Kubayi said the NPA acknowledges public concerns and the potential wider implications for prosecuting GBV and other high-profile cases following Omotoso's acquittal. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 'The NPA has publicly expressed disappointment at the recent judgment on the Omotoso matter, but cautioned against using one matter to undermine the trust and confidence of victims of GBV in our criminal justice system. Instead, it has emphasised its well-established victim-centred approach to dealing with victims of GBV with a track record that spans more than 20 years,' Kubayi said. 'Through these comprehensive, integrated, and survivor-focused strategies, the NPA is determined to prevent high-profile acquittals from undermining public trust or deterring victims from coming forward. The goal is to continuously build public confidence that the criminal justice system takes GBV seriously and is fully committed to delivering justice for survivors.' Key interventions include: Delivery of GBV public awareness campaign: The NPA is actively working to promote reporting of GBV and restore confidence in the system, through extensive public awareness campaigns, community-specific interventions, and collaboration with civil society and survivor advocacy groups. 'The NPA, driven by the Sexual Offences and Community Affairs (SOCA) Unit, completed 853 campaigns from April to December 2024 in the 2024/2025 financial year,' Kubayi said. Expansion of Thuthuzela Care Centres (TCCs): The NPA aims to expand integrated, survivor-centric services by establishing more TCCs nationwide, offering extensive pretrial services, including psycho-social support, medical treatment, and legal services to GBV victims. 'Currently, there are 66 TCC sites located in rural, urban and peri-urban communities nationally,' Kubayi said. Prosecutor-Guided Investigations (PGI): By enhancing the implementation of PGI, prosecutors are directly involved in guiding investigators from the earliest stages to ensure that GBV cases are properly built, evidence is secured, and procedural missteps are avoided, minimising the risk of acquittals due to avoidable errors. Specialised Training: Prosecutors undergo continuous training to ensure sensitivity and effectiveness in handling GBV matters. Continued Victim Support: Increase the number of Court Preparation Officers to ensure their availability at all courts. This will enable them to adequately prepare victims and witnesses, fostering a secure and supportive environment that promotes full participation in the criminal justice process. Policy Directives for Prosecutors: The NPA has amended its directives relating to Sexual Offences and Domestic Violence to align with recent amendments to GBV legislation. These directives offer clear, binding instructions to prosecutors on managing GBV cases. Serial Rapist Prioritisation Initiative: Launched in 2023, this initiative focuses on fast-tracking the prosecution of cases involving identified serial rapists across all provinces. Teenage Pregnancy Prioritisation Initiative: Introduced in 2024, this initiative addresses teenage pregnancies by ensuring that cases involving children below the age of consent are promptly reported, thoroughly investigated, and prosecuted. DNA Prioritisation Initiative: Implemented in October 2020, this initiative has focused on reducing the DNA testing backlog in sexual offence cases. 'By prioritising DNA evidence, prosecutors, together with the SAPS Forensic Science Laboratory, have facilitated the finalisation of 60,518 reports to date, significantly improving turnaround times in GBV-related prosecutions,' Kubayi said. Community Prosecution Initiative: The NPA has established community prosecution capacity in all divisions to tackle crime through localised, community-specific solutions. There are 50 community prosecution sites nationwide, with 26 specifically dedicated to addressing GBV.
The Citizen
a day ago
- The Citizen
Government announces when Aarto demerit system will start
The national implementation of the Aarto Act has been confirmed with government rolling out regulations in phases Clauses relating to the Administrative Adjudication of Road Traffic Offences (Aarto) demerit system will come into effect next year. In a bulk gazette that contained 16 notices and proclamations, national government on Friday declared the commencement dates for certain sections of the Aarto Act and its subsequent amendment. Implementation of the act will be done in phases, beginning in December for some municipalities. The Aarto Act was passed in 1998, with the amendment containing the demerit system signed by President Cyril Ramaphosa in 2019. Friday's gazette stated that the whole of the 1998 Act, with the exception of Section 29(g), will come into effect for 69 municipalities in 1 December. Sections 17 to 20, section 23 and sections 29 to 35 of the 2019 amendment will also come into effect for those 69 municipalities on 1 December. These municipalities include Johannesburg, Tshwane, Ekurhuleni, Mangaung, eThekwini and Cape Town. Five months later, 144 municipalities receive the same stipulations on 1 April 2026. These include the Knysna, Drakenstein, Bela-Bela, Umvoti and 140 other local municipalities. Section 24, which covers the demerit system, as well as sections 25 to 28 will come in effect for all municipalities from 1 September 2026. Constitutional court case The Organisation Undoing Tax Abuse (Outa) challenged the amendments and took the matter all the way to Constitutional Court. The civil society group asserted that the amendments did not adequately deal with road traffic safety and that it hampered municipalities' ability to regulate their own affairs. 'Outa is of the opinion that the Aarto practical challenges are largely due to poor enforcement, a lack of administrative discipline when it comes to traffic infringement management, and a variety of problems in the management of vehicle and driver licencing,' the organisation stated at the time. In July 2023, the court ruled against Outa, with then Chief Justice Raymond Zondo's judgment declaring that the amendments were constitutional. Employee implications Section 17 of the Act deals with the responsibilities of those who employ drivers. 'Aarto will make employers potentially face administrative and financial burdens for their employees' non-compliance where their driving falls within the employees' key duties and responsibilities,' Weber Wentzel advised previously. The Act requires a company to appoint a proxy to represent company vehicles but the firm state that the proxy will not accumulate demerit points on the drivers' behalf. 'However, the proxy must ensure that the demerit points are allocated to the correct driver.' 'Should the proxy not do so, the employer will be liable to pay the fine at three times the value applicable to ordinary license holders,' WeberWentzel stated. NOW READ: Aarto implementation could result in municipal traffic services 'shutting down'
The Herald
a day ago
- The Herald
Government announces start date for driving licence demerits
The government has confirmed that the Administrative Adjudication of Road Traffic Offences Amendment Act (Aarto) will be rolled out across the country in phases, starting on December 1. The national implementation of the long-delayed system was gazetted on Friday when President Cyril Ramaphosa signed the proclamation. The first phase will be rolled out on December 1 in 69 municipalities, with the remaining 144 municipalities to follow on April 1 2026. The demerit points system comes into effect countrywide on September 1 2026. The points demerit system is not operational yet anywhere in the country, including in Johannesburg and Tshwane where Aarto has been piloted for more than 12 years. Aarto is the government's plan to replace the existing criminal system with an administrative one. With Aarto, drivers will lose points for offences and face suspension or cancellation of their licences if they lose too many, in addition to any fine. The controversial act, originally passed into law in 1998, has been delayed numerous times and affected by legal disputes. In July 2023 the Constitutional Court ruled in favour of the government's plan to introduce a demerit system for traffic offenders, overturning an earlier high court ruling that had declared Aarto unconstitutional and invalid. The challenge was brought by the Organisation Undoing Tax Abuse (Outa), an outspoken critic of Aarto which said the new system, rather than improving road safety, would impose an undue burden on motorists, especially those who rely on driving for their livelihoods. Outa and the AA both argued that the new law would make it easier for authorities to make money from traffic fines but won't rid the roads of dangerous drivers without proper enforcement, an area where traffic authorities have failed given the country's appalling road safety record. South Africa's road deaths average more than 10,000 a year and the cost of road crashes to the economy topped R1-trillion over the past seven years. The government maintains Aarto will be a vital tool in strengthening laws for road traffic compliance and making roads safer. It replaces the country's fragmented traffic enforcement, with different municipalities having their own bylaws. The core of Aarto is a demerit system where points are allocated for infringements, which will lead to driver's licence suspension or cancellation if too many points are accumulated. The act aims to streamline the process for adjudicating road traffic infringements by replacing courts with the Road Traffic Infringement Authority (RTIA), which is now responsible for managing the process. Aarto also allows for electronic service of notices and documents, establishing an appeals tribunal to hear appeals against decisions of the RTIA and removes the option of electing to be tried in court for an infringement. RTIA spokesperson Monde Mkalipi said: 'Aarto looks at promoting a culture of voluntary compliance, [where drivers] are ... mindful there will be consequences if they fail to change their behaviour. And these consequences are going to happen faster in that your licence will be suspended or taken away, and you'll not be able to drive.'
