→ House of Assembly → 1989 → MARCH, 1989 → House of Assembly: Vol13 - WEDNESDAY 15 MARCH 1989

House of Assembly: Vol13 - WEDNESDAY 15 MARCH 1989

WEDNESDAY, 15 MARCH 1989 HOUSE OF ASSEMBLY QUESTIONS

†Indicates translated version.

For written reply:

General Affairs:

Berea: offences reported 1. Mr P H P GASTROW

asked the Minister of Law and Order:

How many cases of (a) murder, (b) culpable homicide, (c) assault with intent to do grievous bodily harm, (d) common assault, (e) rape, (f) burglary of business premises, (g) burglary of residential premises, (h) robbery with aggravating circumstances, (i) robbery, (j) common theft, (k) theft of vehicles and cycles, (l) possession of drugs and (m) dealing in drugs were reported at the Berea police station in the Durban police district of the Port Natal Division in 1988?

B23(a)E

 The MINISTER OF LAW AND ORDER:

BEREA

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m)

1 11 47 196 11 15 649 67 24 956 542 — —

NOTE: Para (j): Since 1 July 1987 separate statistics have been kept in respect of ordinary theft and theft from motor vehicles. A decrease in ordinary theft may therefore be indicated.

 C R Swart: offences reported 2. Mr P H P GASTROW

asked the Minister of Law and Order:

How many cases of (a) murder, (b) culpable homicide, (c) assault with intent to do grievous bodily harm, (d) common assault, (e) rape, (f) burglary of business premises, (g) burglary of residential premises, (h) robbery with aggravating circumstances, (i) robbery, (j) common theft, (k) theft of vehicles and cycles, (l) possession of drugs and (m) dealing in drugs were reported at the C R Swart police station in the Durban police district of the Port Natal Division in 1988?

B23(b)E

 The MINISTER OF LAW AND ORDER:

C R SWART SQUARE

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

641 50 385 953 79 868 366 937 541 3391 1825 6 18

NOTE: Para (j): Since 1 July 1987 separate statistics have been kept in respect of ordinary theft and theft from motor vehicles. A decrease in ordinary theft may therefore be indicated.

 Point: offences reported 3. Mr P H P GASTROW

asked the Minister of Law and Order:

How many cases of (a) murder, (b) culpable homicide, (c) assault with intent to do grievous bodily harm, (d) common assault, (e) rape, (f) burglary of business premises, (g) burglary of residential premises, (h) robbery with aggravating circumstances, (i) robbery, (j) common theft, (k) theft of vehicles and cycles, (l) possession of drugs and (m) dealing in drugs were reported at the Point police station in the Durban police district of the Port Natal Division in 1988?

B23(c)E

 The MINISTER OF LAW AND ORDER:

POINT

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

9 2 62 248 22 167 234 56 70 795 273 15 13

NOTE: Para (j): Since 1 July 1987 separate statistics have been kept in respect of ordinary theft and theft from motor vehicles. A decrease in ordinary theft may therefore be indicated.

 Pietermaritzburg: special constables employed 5. Mr M J ELLIS

asked the Minister of Law and Order:

  1. (1) (a) How many special constables were employed in the Pietermaritzburg area as at the latest specified date for which information is available, (b) who is responsible for these constables, (c) how many rounds of ammunition is each permitted to carry and (d) who is responsible for the number of rounds carried by such constables in this area:
  2. (2) (a) since when have special constables been employed in this area and (b) until when is it anticipated that use will be made of their services;
  3. (3) whether special constables in this area have the power to (a) enter and (b) search premises; if so, (i) on whose authority and (ii) what other powers do they have;
  4. (4) how many of the special constables originally deployed in this area had (a) absconded from the Police Force, (b) been discharged for misconduct, (c) been retrenched, and (d) been (i) arrested on criminal charges, (ii) convicted and (iii) sentenced, as at the date referred to in paragraph (1)(a) of this question?

B38E

 The MINISTER OF LAW AND ORDER:

(1) to (4).

Special constables form an integral part of the South African Police and it is anticipated that their services will still be utilized in the future. When they are on duty in terms of section 34 of the Police Act, 1958 (Act 7 of 1958) they have the same powers, as permanent members of the Force.

Since 29 February 1988 until 9 February 1989 336 special constables have been employed under the command of the Commander of the Divisional Riot Unit, Pietermaritzburg. They are primarily used in the combating of crime in black residential areas and their presence there is welcomed by the vast majority of law-abiding citizens.

I refer the honourable member to my reply to written questions 58 (Hansard Col 907 of 30 March 1988) and 815 (Hansard Col 969 of 13 June 1988). As I indicated then, strict supervision and control is exercised over special constables.

Since then the services of 137 special constables in Pietermaritzburg have been terminated. The services of three (3) of these persons were terminated due to misconduct, while thirty-two (32) were dismissed as a result of criminal charges that were lodged against them. Fifteen (15) of the persons who were charged criminally, were convicted and sentenced. The services of the remaining one hundred and two (102) special constables were terminated because, for various reasons, they no longer wanted to serve in the Force.

 Sandton: arrests for suspected offences 61. Mr D J DALLING

asked the Minister of Law and Order:

How many arrests in respect of each specified type of suspected offence were effected in 1988 by the special crime prevention unit stationed in Sandton?

B160E

 The MINISTER OF LAW AND ORDER:

2425 Persons were arrested during 1988 on a variety of charges, inter alia:

Robbery

Attempted murder

Housebreaking with the intent to steal and theft

Theft from motor vehicles

Theft of motor vehicles

Shoplifting

Fraud

Bribery

Theft

Possession of dangerous weapons

Possession of suspected stolen property

Assault with the intention to do grievous bodily harm

Offences in terms of:

The Liquor Act, 1977 (Act 87 of 1977)

The Arms and Ammunition Act, 1969 (Act 75 of 1969)

The Abuse of Dependence producing substances and Rehabilitation Centres Act, 1971 (Act 4 of 1971).

 Vagrancy/drunkenness: males/females arrested 85. Mr J J WALSH

asked the Minister of Law and Order:

How many (a) males and (b) females of each race group were arrested in 1988 for (i) vagrancy and (ii) drunkenness in the (aa) Milnerton, (bb) Maitland and (cc) Pinelands police station areas?

 The MINISTER OF LAW AND ORDER:

(a)

(b)

(i)

(ii)

(i)

(ii)

(aa)

9

992

14

505

(bb)

14

2355

14

976

(cc)

0

333

0

23

Separate records of the race of the persons are not kept.

 Detainees on hunger strike placed on intravenous infusion 91. Dr M S BARNARD

asked the Minister of Law and Order:

  1. (1) How many detainees who are or have been on hunger strike have been hospitalised;
  2. (2) whether any such detainees have been placed on intravenous infusions; if so, how many;
  3. (3) whether all detainees who are or were placed on intravenous infusion consented to this being done; if not, how many did not give their consent;
  4. (4) (a) how many detainees are currently on intravenous infusions and (b) in respect of what date is this information furnished?

B211E

 The MINISTER OF LAW AND ORDER:
  1. (1) 60 persons.
  2. (2) Yes, 44 persons.
  3. (3) Yes.
  4. (4)
    1. (a) 17 persons.
    2. (b) 28 February 1989.
 Youths awaiting trial 94. Mr J VAN ECK

asked the Minister of Justice:

  1. (1) How many (a) White, (b) Coloured and (c) Black awaiting-trial youths were being held in (i) prison cells, (ii) special children’s cells at prisons, and (iii) other specified categories of cells, as at 31 December 1988;
  2. (2) how many (a) White, (b) Coloured and (c) Black awaiting-trial youths had been held in safekeeping or custody as at the above date for (i) less than two weeks, (ii) between two and four weeks, (iii) between four and eight weeks, (iv) between eight and twelve weeks and (v) more than twelve weeks?

B234E

 The MINISTER OF JUSTICE:

(1)

(a)

under 18 years:

2

18 years to under 21 years:

46

(b)

under 18 years:

198

18 years to under 21 years:

568

(c)

under 18 years:

445

18 years to under 21 years:

2 569

(A juvenile is in terms of Section 1 of the Prisons Act, 1959 (Act no 8 of 1959) any person under the age of twenty one years).

(i), (ii) and (iii)

Section 29 of the Prisons Act, 1959 (Act no 8 of 1959) stipulates inter alia that a person under the age of eighteen years who is accused of having committed an offence shall, before his conviction, not be detained in a prison unless his detention is necessary and no suitable place of detention mentioned in the Child Care Act is available for his detention. In deciding on the suitability of the place of detention, the nature of the offence with which a person is charged is taken into account as well as age, sex, character etc.

In terms of Section 21 of the Prisons Act, 1959 (Act no 8 of 1959) any prison or any part of a prison can be used for the detention, treatment and training of juveniles.

A juvenile who is detained in terms of Section 29 of the Prisons Act, 1959 shall not be permitted to associate with a person over the age of twenty-one years who is in custody, provided that he may be permitted to associate with such a person in custody who has been charged jointly with him, if the head of the prison is of the opinion that such association will not be detrimental to him. Juveniles are also seperated with regard to age groups where facilities permit.

Discussions take place regularly between the South African Prisons Service and the local magistrates, prosecutors and the South African Police with a view to keep awaiting-trial juveniles out of prison.

  1. (2) (a), (b) and (c), as well as (i), (ii), (iii), (iv) and (v) These statistics are not centrally available and can only be obtained through a costly and manpower intensive survey.
 Group Areas Act: persons prosecuted/convicted for contraventions 96. Mr J J S PRINSLOO

asked the Minister of Justice:†

  1. (1) (a) How many persons were (i) prosecuted for and (ii) convicted of occupying premises in contravention of the provisions of the Group Areas Act, No 36 of 1966, in 1987 and 1988 respectively, and (b) in the case of how many of these convictions did eviction orders form part of the sentence;
  2. (2) how many dockets of the South African Police on alleged contraventions of the Group Areas Act (a) were still with the respective Attorneys-General for consideration on 31 January 1989 and (b) had been disposed of at the above-mentioned date with a decision that no prosecutions would be instituted?

B240E

 The MINISTER OF JUSTICE:

Statistics in respect of prosecutions for the unlawful occupation of premises in contravention of the provisions of the Group Areas Act, 1966 (Act 36 of 1966), are not available separately. The statistics furnished in the reply to (1) relate to all offenders against the Group Areas Act, 1966, and not only to occupiers.

1987

1988

(1)

(a)

(i)

3

98

(ii)

2

10 (There is at this stage still a great number of partly heard cases)

(b)

0

4
  1. (2)
    1. (a) 77.
    2. (b) It is not economically feasible to furnish the required information for the period before 1 April 1988, since a great number of dockets would have to be scrutinized to obtain it. The Attorney-General have been requested to keep this information with effect from 1 April 1988.

During the period 1 April 1988 to 31 January 1989 401 dockets were disposed of with a decision that no prosecution be instituted.

 Disputes/work stoppages/strikes 130. Mr P G SOAL

asked the Minister of Manpower:

(a) How many (i) disputes, (ii) work stoppages and (iii) strikes were dealt with in 1988 in terms of the Labour Relations Act, No 28 of 1956, by (aa) his Department and (bb) the Wage Board and (b) in what industries, trades or occupations did (i) word stoppages and (ii) strikes occur?

B272E

 The ACTING MINISTER OF MANPOWER:
  1. (a) (i), (ii) and (iii)
    1. (aa) The department does not usually deal with disputes, work stoppages and strikes in terms of the Labour Relations Act, 1956.
    2. (bb) The wage Board does not usually deal with disputes, work stoppages or strikes in terms of the Labour Relations Act, 1956.
  2. (b) (i) and (ii) The Labour Relations Act, 1956, does not provide for statistical particulars on strikes and work stoppages to be furnished in accordance with the classification industry, trade or occupation and therefore statistics are usually not processed in this format by the Department.
 Messages from SP: cost of advertisements inmedia in RSA 136. Mr F J LE ROUX

asked the Minister of Information, Broadcasting Services and the Film Industry:†

What total cost was incurred by the State from 17 June 1987 up to the latest specified date for which information is available, in respect of advertisements in the media in the Republic that contained messages from the State President?

B330E

 The MINISTER OF INFORMATION, BROADCASTING SERVICES AND THE FILM INDUSTRY:

Between 17 June 1987 and 15 March 1989 the total cost incurred was R455 653, 52.

 Pinetown: offences reported 139. Mr R M BURROWS

asked the Minister of Law and Order:

How many cases of (a) murder, (b) culpable homicide, (c) assault with intent to do grievous bodily harm, (d) common assault, (e) rape, (f) burglary of business premises, (g) burglary of residential premises, (h) robbery with aggravating circumstances, (i) robbery, (j) common theft, (k) theft of vehicles and cycles, (l) possession of drugs and (m) dealing in drugs were reported in 1988 at the Pinetown police station in the Durban West police district?

B338E

 The MINISTER OF LAW AND ORDER:

(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m)

30 — 52 263 37 191 1044 101 49 1242 381 — —

NOTE: Para (j): Since 1 July 1987 separate statistics have been kept in respect of ordinary theft and theft from motor vehicles. A decrease in ordinary theft may therefore be indicated.

 Legal training branch: persons attending/completing courses 145. Mr D J DALLING

asked the Minister of Justice:

How many (a) White, (b) Coloured, (c) Indian and (d) Black persons (i) attended and (ii) successfully completed courses in functional and legal training, respectively, provided by the legal training branch of his Department in 1988?

B344E

 The MINISTER OF JUSTICE:

FUNCTIONAL TRAINING

(a)

White

(i)

966

(ii)

966

(b)

Coloured

(i)

8

(ii)

8

(c)

Indian

(i)

7

(ii)

7

(d)

Black

(i)

472

(ii)

472

LEGAL TRAINING

(a)

White

(i)

193

(ii)

153

(b)

Coloured

(i)

3

(ii)

3

(c)

Indian

(i)

3

(ii)

3

(d)

Black

(i)

4

(ii)

4
Legal training courses: participants 146. Mr D J DALLING

asked the Minister of Justice:

(a) How many persons participated in legal training courses organized by his Department in 1988, (b) how many such persons were (i) White, (ii) Black, (iii) Coloured and (iv) Indian and (c) in which courses did these (i) Black, (ii) Coloured and (iii) Indian persons participate?

B345E

 The MINISTER OF JUSTICE:
  1. (a) 1656
  2. (b)
    1. (i) 1 159
    2. (ii) 476
    3. (iii) 11
    4. (iv) 10

(c)

(i)

Assistant Masters

1

Diploma in Registration of Deeds

6

Traffic Officers

196

Other Departments — Legal Courses

45

Regional Magistrate

1

Magistrate Criminal Court

60

Magistrate Civil Court

13

State Prosecutors

83

Clerk of the Court

67

B. Iuris

2

Diploma Iuris

2

(ii)

Diploma in Registration of Deeds

1

Magistrate Criminal Court

1

State Prosecutors

3

Estate Controllers

3

B. Iuris

2

Diploma Iuris

1

(iii)

State Prosecutors

7

B.Iuris

3
Natural/juristic persons: sequestrations/liquidations 166. Mr C UYS

asked the Minister of Justice:†

How many (a) sequestration orders against natural persons and (b) liquidation orders against juristic persons were granted (i) in 1987, (ii) in 1988 and (iii) during the period 1 January 1989 up to the latest specified date for which figures are available, on account of insolvency in the courts of the Republic in (aa) the Transvaal, (bb) the Orange Free State, (cc) Natal and (dd) the Cape Province?

B394E

 The MINISTER OF JUSTICE:

(aa)

(bb)

(cc)

(dd)

(a)

(i)

2533

446

289

725

(ii)

1660

266

242

493

(iii)

232

49

38

63

(b)

(i)

1190

84

238

417

(ii)

1138

72

188

364

(iii)

182

11

47

73

The information with regard to (a)(iii) and (b)(iii) is for the period from 1 January until 10 March 1989.

 Rape: persons sentenced to death 170. Mr D J DALLING

asked the Minister of Justice:

How many persons in each race group were sentenced to death for rape in 1985, 1986, 1987 and 1988, respectively?

B405E

 The MINISTER OF JUSTICE:

1985

1986

1987

1988

Coloured Males

5

6

5

5

Black Males

3

0

4

0

White Males

2

0

0

1

Indian Males

None

HOUSE OF REPRESENTATIVES QUESTIONS

†Indicates translated version.

For oral reply:

General Affairs:

Member for Alra Park: investigation into death *1. Mr W J DIETRICH

asked the Minister of Law and Order:

  1. (1) Whether the investigation into the death of the late member for Alra Park has been completed; if not, why not; if so, (a) when and (b) what were the findings;
  2. (2) whether any persons have been apprehended and charged in connection with this person’s death; if not, why not; if so, what are the relevant details;
  3. (3) whether any other steps have been taken in connection with this matter; if so, what steps;
  4. (4) whether he will make a statement on the matter?

C32E

 The MINISTER OF LAW AND ORDER:
  1. (1) (a) and (b) Yes, the case docket was handed to the Attorney-General on 30 September 1988 and his decision is still being awaited.
  2. (2) Yes, Mr IVAN WILFRED BALLAKISTAN.
  3. (3) The Attorney-General’s decision is being awaited.
  4. (4) No.

For written reply:

General Affairs:

De Aar: persons arrested for loitering 1. Mr L J HOLLANDER

asked the Minister of Law and Order:

  1. (1) Whether any persons were arrested in the De Aar area for the offence of loitering and/or contravening section 26 of the Standard By-law relating to Streets published under Provincial Notice No 562 of 1987, during the period 27 October 1988 to 31 January 1989; if so, (a) how many were (i) arrested, (ii) charged and (iii) had the charges against them withdrawn, (b) what is the (i) name, (ii) place of arrest, (iii) race, (iv) age, (v) sex and (vi) occupation of each of the persons so charged and (c) what is the (i) race and (ii) rank of each of the policemen involved in these arrests;
  2. (2) whether these arrests were made as a result of complaints received by the South African Police; if so, what are the relevant details;
  3. (3) whether any of the persons so charged were detained for more than one hour; if so, what are the relevant details;
  4. (4) whether arrests for offences of this nature have ceased; if not, why not;
  5. (5) whether he will make a statement on the matter?

C2E

 The MINISTER OF LAW AND ORDER:

(1) to (4)

After complaints were received from the public on various occasions about persons who loitered and were a nuisance to the general public, chiefly in the vicinity of Voortrekker and Alida Streets, De Aar it was decided to take action against those persons. Between 27 October 1988 and 31 January 1989 a number of persons were arrested in this area by members of the South African Police. However, these persons were not detained in the police cells, but summonses to appear in court were served on them as quickly as possible, whereafter they were released.

At the instruction of the Attorney-General a number of these cases were withdrawn due to the fact that all the elements of the offences could not be proved.

The fact of the matter is that the South African Police is responsible for the maintenance of law and order. If persons loiter and are a nuisance to other members of the public, action will still be taken against them, irrespective of their race. Statistics prove that action of this nature effectively combats other crimes such as assault, pickpocketing, theft, drunkenness, etcetera. However, loiterers are not summarily arrested and detained. In all cases action where action is taken against them, they are first warned in writing. If they do not respond to this warning, summonses to appear in court are issued to them, whereafter they are immediately permitted to go.

Own Affairs:

 Blue Downs: names of purchasers of business premises 6. Mr V SASS

asked the Minister of Local Government, Housing and Agriculture:†

  1. (1) Whether he will make available a list of the names of persons who have purchased business premises at Blue Downs; if not, why not; if so, (a) in what manner, (b) where and (c) when;
  2. (2) at what price was each of these business premises sold;
  3. (3) whether there are any persons who have purchased more than one of these premises; if so, what are the relevant details;
  4. (4) whether he will make a statement on the matter?

C21E

 The MINISTER OF LOCAL GOVERNMENT, HOUSING AND AGRICULTURE:
  1. (1) Yes, Caltex-Oil (SA) (Pty) Ltd Blue Downs Closed Corporation Kapteinsklip Closed Corporation.
    1. (a), (b) and (c) fall away.
  2. (2) Unknown.

Business premises in Blue Downs were sold by private treaty by the main developers. The Department is not involved in determining the sale prices.

  1. (3) No.
  2. (4) No.