Transcript Role of the Department of Justice and Constitutional Development

BRIEFING TO THE PARLIAMENTARY PORTFOLIO
COMMITTEE ON SOCIAL DEVELOPMENT:
ROLE OF THE DEPARTMENT OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT ON THE PREVENTION
OF AND TREATMENT FOR SUBSTANCE ABUSE BILL, B12
OF 2008:
DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
21 May 2008
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GENERAL
• Welcomes the Bill as it enhances
– Strategies on Prevention at all levels from primary to tertiary levels
– Creates an interdepartmental operational framework for the
management of substance abuse
– Creates an enabling environment for some components of the Child
Justice Bill
– Provides a shift towards therapeutic, holistic services
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RESPONSIBILITIES OF THE DOJ&CD
•
Prosecution of drug-related offences –NPA
•
Court Services
• All 366 Magistrates’ Courts will be able to hear substance-abuse related matters;
• Courts currently hear matters relating to the present Criminal Procedure Act, 1977 and
existing Committal of Drug Treatment legislation of 1992
•
Enabling sentencing options
• Support for the Judiciary and Magistracy regarding the sentencing of drug-related
offences especially in identifying, sentencing and passing judgment on cases of
substance abuse and commits substance dependent people to treatment centres
•
Training
• Justice College in conjunction with the DoJCD, NPA and Magistracy, will be responsible
to train the Clerks of the Courts, the prosecutors and the Magistrates on the
implications of the Bill when it has been passed and finalised
•
Representation on Drug Master Plan
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CONCERNS
•
The Bill addresses aspects relating to treatment for substance abuse with
limited emphasis on Prevention such as managing and eradicating
providers of the substance abuse (syndicated crime, children used by
adults, etc)
•
Preamble should consider prevention as well as address systemic
dependancy such as the “dop” system and related social phenomenon
•
•
Appears to criminalise drug dependency
– S32
•
The Bill ignores the current trend of restorative justice in that it still reflects
punitive and adversarial processes
– Ss29, 31 (inquiry/pseudo criminal inquiry)
•
Alignment and compatibility between this Bill, Child Justice Bill and
government policy ought to be considered
– Definition of Vulnerable Groups, child and youth care centres, S29, 34 (age estimation)
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Challenges:
• Lack of enough diversion programs for vulnerable offenders, such
as children, specifically for drug- related offences
• Lack of non- custodial sanctions for drug-related offences
• Linkages between substance abuse and other social phenomenon
such as Domestic Violence, assault
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Q & A
THANK YOU
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