annual report 2011/12 and budget recommendations

ANNUAL REPORT 2011/12 AND BUDGET RECOMMENDATIONS

Portfolio Committee on Justice and Constitutional Development

17 – 19 October 2012

1.Introduction

2.Organisational Context

3.Overview of Departmental Performance

4.Overview of Budget And Audit Outcomes

5. Programme Performance

5.1 Programme 1: Administration

5.2 Programme 2: Court Services

5.3 Programme 3: State Legal Services

CONTENTS

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Vision

A transformed and accessible justice system which promotes and protects

social justice, fundamental human rights and freedom.

Mission

We commit to provide transparent, responsive and accountable justice for all.

Principles And Values:

1.Commitment to Constitutional Values and a Culture of Human Rights;

2.Batho Pele;

3.Good Governance;

4.Ubuntu;

5.Professionalism and Continuous Improvement; and

6.Open Communication.3

1. INTRODUCTION

The Department of Justice and Constitutional Development (DoJ&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy.

In promoting this, the Department continued in the period under review with the pursuit of the following strategic goals:

1. Increased accountability, effectiveness and efficiency of the Department of Justice and Constitutional Development.

2. Improved effectiveness and efficiency in the delivery of Justice services.

3. Transformed legal services to protect and advance the interests of government and citizens and promote Constitutional Development.

4. Effective coordination of the JCPS cluster in the delivery of outcome 3: “All People in South Africa are and feel safe”

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1. INTRODUCTION

Strategic Goals

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1. INTRODUCTION

Legislative Mandates

The department derives its statutory mandate from various pieces of legislation in the form of statutes and subordinate legislation. The following are categories of functions emanating from different legislative instruments that are relevant to the department. These are legislation providing for :

1. The establishment and functioning of superior courts, magistrate’s courts, and specialised courts;

2. The establishment and functioning of bodies and structures responsible for legal aid, law reform; and rules for the courts of law

3. Technical support to Chapter Nine institutions (the Human Rights Commission Act, 1994, and the Public Protector Act, 1994).

4. The appointment of the Master of the High Court and the administration of the Guardian’s Fund, deceased and insolvent estates;

5. The provision of legal advisory services to government;

6. The enforcement of people’s rights (the PAJA, PAIA and PEPUDA); and

7. The protection of vulnerable groups (the Child Justice Act, 2008, Sexual Offences and Related Matters Amendment Act, Maintenance Act, etc.)

a) Transformation of State Legal Services

i. During the period under review, Cabinet approved broad principles that would underpin the transformation of State Legal Services. The aim of these principles is to overhaul state legal services in order to provide services of the highest standard that protect and safeguard the interest of the state, and advance access to justice for all.

ii. The Discussion Document on the Transformation of State Legal Services was released in May 2012 and seeks to solicit comments on all aspects of the transformation of state legal services, which is aimed at aligning our state legal services with the Constitution.

iii. The Department is in the process of developing policy and legislative frameworks that will culminate in the establishment of the Office of the State Legal Services.

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1. INTRODUCTION

Policy Developments

b) Capacitation of the Office of the Chief Justice (OCJ)

The Department has continued to assist the OCJ to enhance the independence of the Judiciary, as intended in the Superior Courts Bill and the Constitution 17 th Amendments. During the period under review, the department assisted the Office of the Chief Justice with the following:

1.The seconding of senior departmental staff to the Office of the Chief Justice;

2.The advertising of senior management posts in line with the structure developed in the previous year;

3.The review of the programme of the South African Judicial Education Institute (SAJEI);

4.The development of plans to support Constitutional Court and Supreme Court of Appeal; and

5. Supporting the Judicial Service Commission and heads of courts.

Preparations are continuing to transfer the High Courts to the OCJ on a pilot basis at the beginning of the 2013/14 financial year.

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1. INTRODUCTION

Policy Developments

Progress on filing of OCJ posts

d) Analysis of judgements by the Constitutional Court and Superior Courts of Appeal

The Department issued the Terms of Reference to undertake a comprehensive

analysis of the decisions of the Constitutional Court and the Supreme Court of

Appeal, in order to establish the extent to which such decisions have contributed

to the reform of South African jurisprudence and the law to advance the values

embodied in the Constitution;

In May 2012, a tender was advertised in the Government Tender Bulletin and bids

were received from interested service providers.

An update will be provided once due internal processes are completed

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1. INTRODUCTION

Policy Developments

During the 2011/12 financial year, a considerable time and effort of senior management invested in turning around the administration of the department towards an unqualified audit opinion on the vote account. This included:

a)Identifying systems, people and processes to address the qualification on Third Party Funds.

b)Preparing annual financial reports for Third Party Funds and consulting with relevant stakeholders.

c)Putting systems in place to identify and manage irregular expenditure.

d)Putting systems and processes in place to improve performance information.

The improvements in 2011/12 and previous years are shown on the table below. Although this effort will continue in 2012/13, our effort will be balancing systems and controls with performance against pre-determined objectives.

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2. ORGANISATIONAL CONTEXT

Issue 2008/9 2009/10 2010/11 2011/12

Third Party Funds Qualified Qualified Qualified Qualified

Irregular expenditure Qualified Qualified Qualified Unqualified

Assets Qualified Unqualified Unqualified Unqualified

Leave Qualified Unqualified Unqualified Unqualified

Leases Qualified Unqualified Unqualified Unqualified

Performance Information - - Disclaimer Unqualified

Turnaround in the administration of the Department

Auditor-General opinion of the Vote Account over 4 financial years

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i. Improvement in Third Party Funds

During the period under review, annual financial statements for Third Party Funds were developed for the 2009/10 financial year. This was the first time such a complex exercise was

undertaken . As a result, these statements were delivered to the Auditor-General after the deadline. Despite this exercise, the Vote Account annual financial statements were delivered to

the Auditor-General on time.

Key initiatives undertaken to prepare these statements included:

1. Extensive consultations with National Treasury, Accountant-General, Auditor-General and the Accounting Standards Board to establish an accounting framework

2. Putting people, systems and processes in place to assist with the identification and accounting of all the transactions undertaken at all courts.

In addition, remedial action was taken to ensure that current and future financial statements will meet requirements, and this included:

1. Developing Standard Operating Procedures for management of Third Party Funds2. Developing and implementing key controls to manage losses and shortages, e.g. Electronic Funds

Payments (103 courts completed by 31 March 2012)3. Extensive training for key personnel at court level

Although the Auditor-General issued a disclaimer of opinion on the 2009/10 financial report of Third Party Funds, the department is in the better position to issue improved statements for forthcoming years.

Turnaround in the administration of the Department

Initiatives undertaken for the turnaround

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ii. Irregular Expenditure

Irregular Expenditure

2009/10 2010/11 2011/12

Issue Application of inappropriate BEE legislation

Completeness of disclosed figures

No qualification

During the period under review, the following processes were put in place to address the qualifications on irregular expenditure:

1.Tightened controls to identify irregular expenditure, including delegations, systems upgrades to enforce 3 quotations, tax compliance, and others.2.Implemented remedial action as was needed. 3.Held hearings for offending officials and in some cases recommended further

investigation and disciplinary action.4.Improved our financial reporting

An internal controls unit was established to oversee and monitor all processed payment transactions for compliance to applicable financial prescripts

Historical qualifications on Irregular Expenditure

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Year Performance Audit Outcome

Reasons

2010/11 Disclaimer of opinion

1. Usefulness of reported information:Indicators not SMART, Indicators not well-defined

2. Reliability of informationPerformance of sampled programme not valid, accurate & complete

2011/12 Unqualified opinion with “Other Matters”

1.Usefulness of Information: Unqualified2. Reliability of information: Unqualified

Other Matters:i.Underperformance (20 of 72 indicators achieved)ii.Restatements as a result of the audit process

iii. Performance Information

During the 2011/12, considerable time and effort was invested in implementing the new Framework for Strategic Plans and Annual Performance Plan and addressing audit findings raised in the 2010/11 financial year shown on the table below.


Analysis of performance against objectives

iii. Performance Information

In the current financial year, the focus was on improving performance, with the following initiatives:

1.Continue with monthly monitoring of performance to ensure that actions are put in place to improve performance

2.Maintain a dedicated team of Internal Audit to identify and help address areas of weakness

3.Build more controls in the processes for collection of source documentation

4.Take action against officials where policies and procedures are not followed

5.Make extra efforts to determine performance targets scientifically and link to budget and resources

6.Take action against officials who do not reach their targets.

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Major issues that affected the performance of the Department

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There are a number of additional issues that had a major impact in the performance of the organisation in 2011/12. These are:

a)Relocation of Masters Offices (Pretoria and Pietermaritzburg) and State Attorneys (Pretoria) to new premises ;

b)The preparation for the Commission of Enquiry on Strategic Defence Procurement Packages;

d) Delay in the appointment of key top management (DDG Corporate Service, CFO, DDG Constitutional Development) due to insufficient quality of applications

received;

e) Budget cuts that continue to affect projects;

a) Services delivered at key service points

i) Court Services:

A total of R4.2 billion was allocated to the Court Services branch, with the large portion utilised for support in the adjudication of cases.

South Africa comprise of 9 provinces with 13 High Courts and 387 magisterial districts, consisting of 766 magistrates courts, comprising:

a. 369 main court seats, b. 92 branch courts, c. 56 detached offices and d. 249 periodical courts

On a daily basis we have in total approximately 1686 courts in session.

Performance of these courts is a joint effort between a number of stakeholders, including co-operation of litigants, prosecution, judiciary, DOJCD officials, health professionals (psychiatrist, pathologists, toxicologists etc), social workers, investigators, etc. It is therefore imperative that co-operation between all the players is achieved in order to make a difference in the criminal justice system.

The following slides give a view of the services that the department supported during the period under review

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3. OVERVIEW OF DEPARTMENTAL PERFORMANCE


i)Court Services

Criminal Cases

The department provided support for the management of over 875 000 criminal cases within the Criminal Justice System

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New Cases/First Enrolment Cases Finalised

District Courts 2010/11 800 896 412 857

2011/12 748 231 400 991

Regional Courts

2010/11 75 428 39 078

2011/12 68 211 40 242

High Courts

2010/11 1 039 1 027

2011/12 902 1 130

Supreme Court of Appeal (Appeals and Petitions)

2010/11 338 288 2011/12 341 272


i)Court Services

Civil Cases

The department provided support for the management of over 100 000 civil cases within high courts

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New Cases/First Enrolment Cases Finalised

High Courts (New Cases)

2010/11 39 150 23 527

2011/12 27 804 28 887

High Courts (Motion Applications)

2010/11 75 611 62 571

2011/12 104 884 82 431

Supreme Court of Appeal (Appeals and Petitions)

2010/11 576 524

2011/12 1 013 686

Labour and Labour Appeals Court

2010/11 11 556 8 305

2011/12 11 235 6 553


i)Court Services

The department provided support to the finalisation of 141 land claims and 123 constitutional matters

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Financial year

Restitution cases(Act 22 of 1996)

Extension of security of tenure

Land reform (labour tenant)

Totals

New Finalised New Finalised New Finalised New Matters

Finalised

197 2482010/11 108 121 70 92 19 35

187 1412011/12 103 89 52 52 32 0

Financial year

Applications/cases lodged

Awaiting directions

Courtroll

Dismissed cases

Judgments Taxations Cases withdrawn

2010/11 117 22 101 79 30 13 3

2011/12 123 3 99 97 32 21 1

Constitutional Court Cases

Land Claims matters


i) Court Services

Other initiatives to improve access to justice in the courts include:

1) Case Flow Management

i. Improving court performance through case flow management (CFM) which is now under the control of the judiciary and has started to improve. The Chief Justice personally is spearheading many of the case flow management initiatives.

ii. The CFM forums at regional and local levels have started to work together to look at common definitions and the use of data between all role players for planning and management purposes. Monitoring and evaluation of court performance has been strengthened and escalated to the highest level with the Chief Justice also being involved.

iii. All these improvements are having a positive impact on other areas of the Criminal Justice System. There are, for example, less awaiting trial persons (or remand detainees) – down from 53 901 in 2003/04 to 46 188 in 2012.

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i)Court Services

2)Digitisation of Court Records

Digitisation of court records assists the Department with improved security, file integrity, improved productivity, customer service and efficiency, alleviation of space problems and improved access to records in a controlled manner.

There were pilots in Krugersdorp and Pretoria Magistrate Courts. Phase 1 focused on the following courts: Western Cape High Court, South Gauteng High Court, North Gauteng High Court, Johannesburg Magistrate Court and Durban Magistrate Court

Progress of the 5 phase 1 sites is shown below:

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Date Images Scanned Cases Boxes

Project Target 50,000,000 34,159

July 2012 2,422,156 35,689 1,366

August 2012 4,676,124 57,547 2,342

September 2012 3,027,575 32,938 1,328

TOTAL 10,125,855 126,174 5,036

Percentage Progress (%) 20% 13%

Progress on digitisation of court records in 5 pilot sites

Lost Records


ii) Master of the High Court

The Department is responsible for 14 Master of the High Court service points and has spent the majority of the R331 million in the delivery of key services. The workload in the branch is illustrated on the table below.

Number of matters enrolled in the Masters offices

Detailed performance on Master’s services and initiatives to turnaround services are detailed under Programme 3 performance

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Calendar Year

Deceased Estates

Liquidations/insolvencies

Trusts Curatorships

2010 191 402 10 716 15 749 996

2011 170 150 9 958 16 376 1 277

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3. BUDGET OUTCOMES

2011/12 - Budget And Expenditure Outcome

2011/12 - Audit Outcomes

2013 - Indicative MTEF Budget Allocations and Spending Pressures

Table of Contents

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2011/12 2010/11 2009/10 ‘000 ‘000 ‘000

Final Budget 8,960,034 8,277,996 7,538,269

Less

Expenditure 8,958,959 8,188,843 7,514,440

Balance 1,075m 89,150 13,829

Percentage Expenditure 99,99% 98,9% 99,8%

Budget and Expenditure Outcome 2011/12

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Budget Expenditure % Expenditure

'000 '0001 842 306 1 842 300 100.0%4 219 478 4 219 477 100.0%

697 707 697 704 100.0%2 200 543 2 199 478 100.0%

1 137 515 1 137 545 100.0%153 729 153 729 100.0%89 773 89 773 100.0%

323 191 323 191 100.0%8 960 034 8 958 959 99.99%

Budget Expenditure % Expenditure

644 080 644 080 100.0%1 285 790 1 266 150 98.5%1 929 870 1 910 230 98.98%

Public Protector

5. Auxiliary and Associated Services3. State Legal Services2. Court Services1. Administration

Special Investigating Unit

Of which:

South African Human Rights

Total Direct ChargesMagistrates' salariesJudges' salaries

Total Vote

Legal Aid South Africa

Expenditure outcome per Programme: 2011/12DOJ&CD

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Budget R'000

Expenditure R'000

Percentage Actual Spend

Available Funds R'000

BUDGET Current payments Compensation of employees 3 491 030 3 491 028 100.0% 2Interest and rent on land 1 507 1 505 99.9% 2Goods and services 2 645 962 2 645 962 100.0% 0Total current payments 6 138 499 6 138 495 100.0% 4Transfers and subsidies to:Depart. Agencies & accounts 1 813 292 1 813 291 100.0% 1Foreign Gov and International Organisations 7 190 7 189 100.0% 1Provincial and Local Governments 350 349 99.7% 1Households 16 719 16 718 100.0% 1Gifts and donations 23 23 100.0% 0Total Transfers and Subsidies 1 837 574 1 837 570 100.0% 4Payments for capital assets Buildings and other fixed structures 683 095 683 095 100.0% 0 Machinery, Equipment and Motor Vehicles 294 902 293 837 99.6% 1 065Software and other intangible assets 2 449 2 448 100.0% 1Total payments for capital assets 980 446 979 380 99.9% 1 066Payments for financial assets 3 515 3 514 100.0%

8 960 034 8 958 959 99.99% 1 075

Expenditure per Economic ClassificationDOJ&CD (Excluding NPA)

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Key Observations on Departmental spending: 2011/12 Financial year

1. Improved overall departmental spending – expenditure of 99.9 % compared to 98,9 % in 2009/10.

2. National Treasury support in Adjusted Estimates totaling R168 million for salary increases (R60 million), investigative capacity for the Public Protector (R10m) and technical assistance to the SIU (R97 million)

3. Increased capital spending (Buildings and fixed structures) of R683 million against an originally approved budget of R598,515 million.

4. Major area of growth at programme level - Court services with a 7,8 per cent increase from R3,9 billion in 2010/11 to R4,2 billion in 2011/12

5. Transfer to Public Entities – Special investigating unit increased from R171 million in 2010/11 to R323 million through departmental and NT assistance

6. Impact of budget cuts – balancing compliance with service delivery and carry through effect27

OVERALL AUDIT OUTCOMES 2011/12

• Vote – Qualified• Guardians Fund – Unqualified• Presidents Fund – Unqualified• CARA – Unqualified

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Vote Account – Basis for Qualification

Third Party Funds (TPF) a) The AG could not rely on

i. The adequacy of the fund’s financial and control system in relation to Departmental Revenue,

ii. The completeness of the Contingent Liability, Revenue Receivables and Provisions notes

b) The department successfully cleared prior year audit qualifications in HR Management, Assets and Irregular Expenditure

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KEY INITIATIVES TO ACHIEVE NAQ

Some improvements in the audit outcomes are expected to be made in the

2012/13 financial year as a result of the following:

a) Establishment of a Compliance Unit, and development of a Compliance Policy

b) Implementation of a National Audit Action Plan

Other initiatives include:

1) Debriefing workshops – Executive management/Regional Heads / Regional Finance Directors

2) Comprehensive National Audit Action Plans complemented by regional Audit Plans on identified audit risk areas

3) Establishment of Internal Control Component for expenditure assessment and monitoring, adherence to financial prescripts and reporting

4) Additional human resource capacity in supply chain and asset management

5) Task team/s deployed in Regions for training and technical guidance focussed on Compliance, Asset Management, irregular expenditure and supply chain management practices

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KEY INITIATIVES TO ACHIEVE NAQ

6) Enhancing departmental policies and prescripts – 3 quotations,

delegations, tax compliance of service providers, payments

within prescribed periods

7) Monthly progress reporting to Executive management on status

of implication of approved audit action plans

8) Quarterly Financial Statements preparation – these statements

are then reviewed by the senior manager in financial reporting

services. Exceptions are investigated and followed up

9) Periodic budget and expenditure reviews to ensure expenditure

within appropriation and effective management of accruals and

commitments

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CLEARING THE TPF QUALIFICATION

1. Baseline and Historical Financial reporting AFS for 2009/10 and 2010/11– concluded

Identified risk areas effecting audit outcome

a) Opening balances

b) Supporting Document management

c) Follow-up and management of shortages and losses

Next Steps

i. Finalise financial statements for 2011/12 financial

Supporting documentation validation – 31 October 2012

Accounting validation – 19 October 2012

Reporting and clearing of shortages and losses – 15 November 2012

ii. Systems review – finalise the future operating model of TPF.

Treasury approval were obtained for development/procurement of new

system

iii. Tabling TPF legislation – Draft legislation prepared

iv. Planning and concluding 2012/13 financial statements

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DOJ&CD2013 Medium Term Expenditure

Framework

(Alignment with the Budget Review and Recommendations process)

Acknowledging MINCOMBUD and NT Guidance

1. The Accounting Officer and Minister when formulating plans for the next MTEF need to give consideration to the deterioration of domestic economic outlook

2. Departments should be ready for fiscal constraints over the next few years; Government to shift its spending from consumption to investment – thus Justice capital expenditure growth, performance and declining personnel-to-operational cost ratio

3. Regain public trust as there is an increasing perception of public sector wastefulness, inefficiency and abuse of state resources – improved audit outcomes and enhancing accountability

4. Keep spending within the overall ceiling established in the 2012 budget

5. Implement baseline reductions of 1% for 2013/14 – 2% for 2014/15 – 3% for 2014/15

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INDICATIVE MTEF BUDGET ALLOCATIONS:

Year on Year Growth

2012/2013

‘000

2013/2014

‘000

2014/2015

‘000

2015/2016

‘000

Vote Budget

Direct Charges

Total MTEF

Year On Year Growth

13,079,607

2,401,870

15,481,477

13,813,961

2,575,723

16,389,684

5,9%

14,620,965

2,730,266

17,351,231

5,90%

15,293,530

2,855,858

18,149,388

4,6%

Overall annual growth of 5,4% whilst expected to fund above inflation salary increases, increases in operational cost (transport, municipal rates and taxes, leases) and still expanding services.

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Indicative Budget Allocations per Programme

Programme 2012/13 2013/14 2014/15 2015/16 Annual Average R thousand Growth

1. Administration 1,762,562 1,853,292 1,962,437 2,052,709 5.2%

2. Court Services 5,284,592 5,608,579 5,952,128 6,225,926 5.6%

3. State Legal Services 768,156 806,831 851,841 891,026 5.1%

4. National Prosecuting Authority 2,815,791 2,964,563 3,145,170 3,289,848 5.3%

5. Auxiliary and Associated Services 2,448,506 2,580,696 2,709,389 2,834,021 5.0%

Subtotal 13,079,607 13,813,961 14,620,965 15,293,530 5.4%

Direct charge against the NRF 2,401,870 2,575,723 2,730,266 2,855,858 5.9%

Judges' Salaries 579,144 621,017 658,278 688,559 5.9%

Magistrates' Salaries 1,822,726 1,954,706 2,071,988 2,167,299 5.9%

Total 15,481,477 16,389,684 17,351,231 18,149,388 5.4%

Indicative Medium-term allocation (MTEF 2013)

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Budget Allocations per Economic Classification

VOTE 22: JUSTICE AND CONSTITUTIONAL DEVELOPMENT (JUSTICE AND PROTECTION SERVICES)

Programme 2012/13 2013/14 2014/15 2015/16Economic classification '000 '000 '000 '000Current payments 9,911,516 10,474,424 11,115,416 11,626,734 Compensation of employees 6,185,972 6,530,526 6,899,506 7,216,892 Goods and services 3,696,819 3,913,810 4,184,202 4,376,675 Interest (Incl. interest on finance leases) 28,725 30,088 31,708 33,167 Transfers and subsidies 1,969,755 2,070,428 2,168,480 2,268,221 Provinces and municipalities 270 286 302 316 Departmental agencies and accounts 1,930,642 2,029,734 2,125,377 2,223,145 Public corporations and private enterprises – – – –Foreign governments and international organisations 5,203 5,489 5,818 6,086 Non-profit institutions – – – –Households 33,640 34,919 36,983 38,674 Payments for capital assets 1,198,336 1,269,109 1,337,069 1,398,573 Buildings and other fixed structures 1,051,015 1,100,069 1,160,073 1,213,436 Machinery and equipment 147,248 168,999 176,953 185,092 Cultivated assets – – – –Software and other intangible assets 73 41 43 45 Land and subsoil assets – – – –Payments for financial assets – – – –

2,401,870 2,575,723 2,730,266 2,855,858

Total 15,481,477 16,389,684 17,351,231 18,149,386

5.9% 5.9% 4.6%

Indicative Medium-term allocation

Year on Year Growth

Direct Charges

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Resourcing Of Independent Bodies

VOTE 22: JUSTICE AND CONSTITUTIONAL DEVELOPMENT (JUSTICE AND PROTECTION SERVICES)

2012/13 2013/14 2014/15 2015/16

Economic classification '000 '000 '000 '000

Transfer payments 1,923,709 2,022,425 2,117,622 2,215,033 5%

South African Human Rights Commission

100,736 108,046 114,513 119,781 6%

Special Investigating Unit 307,310 298,229 286,564 299,746 -1%

Legal Aid Board 1,232,717 1,311,109 1,389,428 1,453,342 6%

Public Proctector 173,765 189,855 205,020 214,451 7%

President’s Fund 1 1 1 1

Represent Political Party Fund (To be removed)

109,180 115,185 122,096 127,712 5%

Year on Year Growth 5% 5% 4.6%

Indicative Medium-term allocation

Annual

average

growth

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Proposed Budget Cuts: Programme Level1%, 2% and 3%

Programme 2013/14 2014/15 2015/16 Total over

R thousand1. Administration 18,533 39,249 61,581 119,363 2. Court Services 56,086 119,043 186,778 361,907 3. State Legal Services 8,068 17,037 26,731 51,836 4. National Prosecuting Authority 29,646 62,903 98,695 191,244 5. Auxiliary and Associated Services 25,807 54,188 85,021 165,016

Subtotal 138,140 292,420 458,806 889,366 Direct charge against the NRF Judges and Magistrates' Salaries 25,757 54,605 85,676 166,038

–Total 163,897 347,025 544,482 1,055,404

Budget Cuts over MTEF Period

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Details of budget pressures are shown in later slides

Budgets cuts … Cost containment measures

1. Reducing travel and subsistence cost

2. Equipment leasing including expanding the life span of assets (Vehicles and computer equipment

3. Lowering provision for performance bonuses,

4. Optimal utilisation of resources (shared printers),

5. Video conferencing

6. Telecommunication cost (reduction in limits and enhance control on usage).

7. Utilisation of public sector capacity (conferencing/ scanning and office furniture capability),

8. Optimisation of ICT operations

9. Renegotiation of contracts (SITA, Security),

10.Reduction and prioritization of training (Justice College)

11.Legal Aid – Cuts in salaries and related cost and operating expenditure

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Budgets cuts ….Adjustment of programme service delivery

12. Reducing project allocations for ADR, Sheriffs, Traditional courts, Review of Civil Justice System, Case flow management, Court Managers Development

13. Phasing out of temporary case backlog appointments through the creation of permanent posts of Magistrates and other staff to ensure sustainability (changing the use of budget allocation regarding case backlogs by 25%, 40% and 50% over MTEF from acting appointments to permanent posts).

14. Reprioritisation of approved legislation and policy priorities (Sexual Offences Act - NRSO, Child Justice Act, Victim Charter, One stop Child Justice Centre's, Protection of Information Bill)

15. Transformation of Legal Services ( Entity)

16. Postpone the expansion of Master Services (service points in Mpumalanga and GF capability in Johannesburg)

17. HR management – Suspension of unfunded establishments expansions / Project Khaedu

18. Infrastructure investment - Temporary suspension of approved and funded court infrastructure projects (10% temporary reallocation)

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Budgets cuts … Impact on outputs and service delivery

1. Risk of litigation for justice services – political impact and reputational risk for the government (access to constitutional rights and rights vested in newly approved legislation )

2. Labour discontent – outstanding OSD determinations, productivity

3. Court performance – convictions, case finalization, access to civil justice services

4. Completed facilities with now prospect of justice service delivery

5. Masters services – dealing with inefficiencies in GF operations (service points) and rural provinces exclusion (access)

6. Audit outcomes – risk of financial prudency against continuation of services

7. Transformation – new policy initiatives (State Legal Services, Judicial lead Court Administration and Constitutional Development programmes)

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2013 MTEF Priorities to be considered for funding

1. Additional capacity for court administration, prosecution services and legal aid capacity consistent with capacity increases in magistracy and judiciary

2. Startup and operational cost funding for new lower courts funded through investment in Capital Works programme (Tsakane, Katlehong, Kagiso and Ntuzuma, Palm Ridge etc.)

3. Funding shortfall on municipal rates, taxes and leased accommodation

4. Security, guarding and installations

5. Cleaning and Gardening services

(still under discussion with DPW)

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BRR Proposals

BRR Summary Slide

Major Medium Term Spending Priorities

1. Capacitation of the proclaimed department for the Office of the Chief Justice

2. Staff complement and operational cost funding of newly build Magistrates and High Courts

3. Escalating safety and security costs (Guarding Services, Cash in Transit and Infrastructure)

4. Facility management – Accommodation, leases and service charges (municipal rates)

5. Court Recordings – DCRS replacement and infrastructure upgrade

6. Library Services in various regions

7. Enhancement of Constitutional Development programmes

8. Enhancing training and development capacity – Justice College and HR

9. Foreign Language Services

10. Expanding the support personnel establishment in the courts( interpreters, financial officers and supply chain management staff ),as well as staff to perform quasi-legal functions, such as issuing default judgments ,court orders and warrant of execution

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Critical In year (2012/13) Budget Pressures

1. Security for Courts and Justice offices R325m

2. Leased facilities as well as the municipal services R287 m

3. Assessors and related costs for all the courts R25 m

4. Psychiatric observation R30 m

5. The electronic library services for the justice sector R78 m

6. Operational cost shortfalls at Court level R80 m

7. The courts records management: Offsite storage R30 m

8. Strategic Defence Procurement Package inquiry R40 m

9. Marikana Commission R75 m

10. Business Systems Development and Support R40 m

DEPARTMENTAL PERFORMANCEPROGRAMME 1

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The purpose of this programme is to manage the department, develop policies

and strategies for the efficient administration of justice, and provide centralised

support services.

Strategic Objectives :

1.Increased compliance with prescripts to achieve and sustain an unqualified audit

2.Improved management of fraud and corruption cases

3.Improved human resources service

4.Increased optimisation of systems (automated and manual)

5.Increased percentage of outstanding TRC victims who qualify for reparations paid as per TRC recommendations

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DEPARTMENTAL PERFORMANCE: PROGRAMME 1

1. Unqualified audit opinion by the end of 2012/13 financial year

i) Implementation of key activities in addressing Third Party Funds qualification

1. In the 2011/12 financial year, the department enhanced financial capacity through the approval and funding of middle management and technical positions in the areas of supply chain management, internal control, trust fund management and asset management.

2. The department completed a comprehensive review and documented Third Party Funds operations, while 160 area court managers, financial operations and senior financial managers were trained on basic financial management and the appropriate financial reporting framework for the trust fund.

3. A further 1 021 officials attended orientation sessions on financial month-end and year-end procedures for trust funds in November 2011.

4. These training interventions will be deployed in 2012/13 and will focus on court managers and court personnel assigned to the cash management operations in cash halls.

5. Annual financial statements for 2009/10 were completed later than anticipated.

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ii) Implementation of the Audit Action Plan

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1. An Audit Action Plan was developed to monitor implementation of interventions identified by the Auditor-General in 2011/12.

2. Although there were a few implementation challenges , 90.3% of this plan was implemented in 2011/12, against the target of 100%.

3. The challenges that were indentified on the 2011/12 Audit Action Plan:

a) Intervention planned not SMART enough

b) Calculation of percentages could not be accounted for.

c) Deadlines were revised continuously.

4. The following improvements have been effected and were approved by EXCO:

a) A new approach where responsibility for resolution of findings no longer rest with the custodian of the function but rest with users of the service and management of the department.

b) Development of SMART interventions as well as metrics to measure the “SMARTness”

c) Development of a calculator based on four elements to measure progress and therefore account percentages.

d) All branches and regions (as per agreement at the recent Regional Heads meeting) have assigned a person/s that will coordinate progress in resolving audit issues.

Audit Action Plan


iii) Risk management activities

For the 2011/12 financial year, 64% of risk mitigation plans were finalised by December 2011, against the target of 100% by the same period. The 29 risk mitigation plans were conducted for all areas (including the regions) by 31 March.


Risk Management Initiatives for 2012/13

The following initiatives are being undertaken during 2012/13:

a)Department is facilitating risk assessments in all its Branches and Regions (annual exercise);

b)Vacant posts were filled and now in the process of finalising the appointment of Risk and Compliance Champions. The appointment of Champions will assist in the coordination of risk assessments, monitoring of mitigation plans and compliance related activities to enhance better and quicker reporting.

c)The risk management initiatives should assist the Department in moving from level 3 rating to a level 4 or 5 rating in terms of maturity levels. This means the Department should improve from just compliance with prescripts to a stage where value add can be measured and all processes are coordinated.

d)The prescripts, policies and codified instructions are being amended to ensure alignment with performance expectations as well as service delivery initiatives. This includes Departmental Financial Prescripts, codes on criminal and Civil matters, Archiving and Document Management, etc

2. Improved Management of Fraud and Corruption

The department adopted a three-pronged strategy to fighting corruption. This entailed staff awareness programmes, improved finalisation of cases and the vetting of key staff Members, as discussed below

i) Finalisation of forensic casesThe management of initiatives to prevent fraud and corruption cases involves the timely finalisation of cases and the implementation of sanctions where applicable.

Details of cases for the period under review are as follows:

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New cases (received in 2011/12) Old cases (older than 1 April 2011)Cases received 144 78Cases finalised 117 58Percentage finalisation 81% 78%Sanction (dismissal) * 31, of which 14 officials were dismissed in one caseFinal written warning 7Resigned 5 (as a result of investigation)


* Dismissals as a result of findings of forensic investigations


ii) Fraud and Corruption awareness

During the period under review, 21 workshops on the prevention of fraud and corruption were held, against the target of 30. Some of the sessions were held in collaboration with the Public Administration Leadership and Management Academy (PALAMA).

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Initiatives in line with Departmental Fraud Prevention Plan

Below are initiatives implemented in line with the Fraud Prevention Plan:

a) Department has an approved fraud prevention plan and the whistle blowing policy.

b) The fraud prevention implementation plan (3 year roll out plan) was also developed to monitor preventative, detection, reaction, investigation and resolution mechanisms within the Department.

c) In line with the plan, the Department has raised awareness to more than 2500 officials and is still intensifying awareness sessions in this area. Awareness about the Code of conduct is part of Department’s initiatives.

d) In addition to the above, there are 89 ethics champions that were nominated and trained in the Department.

e) The Department is also involved in Cluster Anti-Corruption Activities to ensure proper alignments with other government structures.


iii) Vetting

a) Special attention has been placed on the vetting of senior managers and by the end of 2011/12 financial year, 50% of the 154 senior managers had been vetted, against the target of 65%.

b) The Department has been experiencing a high staff turnover and capacity constraints in this area and is addressing this matter with the relevant senior managers.

c) In terms of cluster initiatives, the supply chain managers complied with the submission of vetting forms as required. This exercise will assist the Department to decrease the risk of fraud and corruption within the supply chain environment.

d) To raise awareness on vetting, 43 awareness sessions were conducted in six regions, with a total of 860 people attending.

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3. Improvement in safety within the court environment

i) Number of security installations finalised

a) Although the initial contract of security installations was targeted at 150 courts, cost escalations have brought the number down to 90. During the 2011/12 financial year, the target of completing 50 sites was achieved.

b) There is a need to increase the sites due to risks that have been identified, particularly at the courts. However, we cannot address this need in the short-term due to financial constraints.

ii) Number of safety and security incidents

The department spends substantial amounts of money on security infrastructure and deploying security personnel with the intention of lowering incidents of security breaches.

During the period under review, the plan to keep incidents below 110 was achieved.

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Addressing security challenges

To fulfill the above mandate and to manage safety and security risks, the Department planned and

implemented the following initiatives:

i. Enhanced physical security infrastructure, technical installation and maintenance. To-date there are 70 security designs finalised, 58 completed sites in terms of security installations out of 90 that were prioritized. In addition to these sites there are others that have been included in Department of Public Works programmes. All projects are on going.

ii. Security Guarding Services in 707 sites in the current financial year vs. 645 in the previous periods.

iii. There are 510 offices that are assisted with Cash-in -Transit services this financial year vs. 502 offices in prior years.

iv. The Department continues to provide special protection services for various members of the Judiciary and Prosecution based on the on going Threat and Risk Assessments. The Department is also assisted by other law enforcement agencies in this area to ensure a coordinated approach.

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The afore-mentioned initiatives provide the Department with the following benefits:

1.Secured areas for members of Judiciary and Prosecution;

2.Secured Cash halls and record rooms;

3.Supporting security personnel doing guarding services by monitoring the movement of people, information and assets through the CCTV and other security measures;

4.Perimeter fencing of the Court Buildings;

5.Secured entry and exit points to the courts;

6.Secured Prisoner drop off areas (awaiting trial detainees acceptance routes);

7.Secured Prisoner routes from Police cells to court rooms (awaiting trial detainees hearing route);

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The Department also monitors performance of service providers.

The following tables lists penalties that were imposed due to non-conforming guarding services .



RegionAmount

(Qtr 1 – 2012/13) Amount (2011/12)

KwaZulu Natal R137 941 R723 791

Eastern Cape R 73 059 R535 651

Gauteng R 379 934 R2 806 291

Western Cape R 247 016 R1 401 461

Limpopo R 98 752 R324 776

North West R 192 427 R649 235

Free State R 53 907 R512 246

Northern Cape R 80 282 R286 973

Mpumalanga R 12 909 R69 231

R 1 826 231 R7 309 655

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In Summary,

a) Budgetary constraints hinders continuous improvement of safety and security initiatives in DOJCD offices and Courts.

b) To date a minimum amount of R325 million is needed to meet the demand of current contracts.

c) There is also a need of ongoing maintenance and upgrade of current security infrastructure, security servers and other security equipment.

d) Some of the courts need supply and installation of fire arm discharge units that comply with the prescripts. With current budget allocations this area will remain one of the security challenges.

e) The current security contracts are expiring in Dec 2012 and if additional funding is not made available, the Department will be forced to scale down on security services and compromise security of staff and members of the public.

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4. Improved Human Resources Services

i) Vacancy Rate

Although the vacancy rate of 10.5% is above public service norms and way above the Governance and Administration targets, it remains lower than the departmental target of 7%.

Budget and accommodation constraints will continue to make it difficult to move the vacancy rate into single digits.

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Year 2008/2009 2009/2010 2010//2011 2011/2012 2012/2013 Quarter 1

Vacancy rate* 13.58% 10.73% 9.80% 10.52 10.10%

Historical vacancy rate figures

* Including judges Progress on SMS vacancies


ii) Training at Justice College

During the 2011/12 financial year, the target to training 6048 staff in line with departmental objectives was not achieved due to additional training requested for the Judiciary on behalf of SAJEI. In total, 6207 people were trained (including the Judiciary)

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Indicators Annual target Annual performance Anti-corruption, fraud and dishonesty 190 156Maintenance (all staff) 510 293Sexual offences training 680 461Domestic violence training 360 227Child Law training 545 532Service excellence 735 612Foundational management 270 333Quasi-judicial services 2 698 2 355Masters’ training 60 582Total 6 048 5 551

Judiciary Training (not part of annual target) 656


Training by Justice College in support of business objectives


iii) Completion of grievance and misconduct cases

During the year under review, completion rates of both grievance cases were improved substantially as compared to the previous financial year.

A project plan and substantial resources were put in place to finalise 65% of both misconduct and grievance cases against the targets of 50% and 65% respectively.

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Year 2010/11 2011/12 2012/13

Target Actual Target Actual Q1Target

Quarter 1Actual

Grievances 60% 40% 50% 65% 60% 34%

Misconduct 70% 48% 65% 65% 75% 27%

Historical completion rates of grievance and misconduct cases

5. Completion of outstanding TRC recommendations

During the period under review, 446 individual reparations were paid, against the target of

500. This is a major improvement on the previous year, when only 8 beneficiaries

were traced and paid.

Education and health regulations which are necessary to enable victims and their immediate families to be assisted are undergoing consultation and are expected to be completed during the 2012/13 financial year.

In addition, the department plays a supporting role in the exhumation and reburial of

victims and to date have assisted in 77 exhumations, 54 of which have resulted in

reburials and symbolic repatriations.

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Year 2010/11 2011/12 2012/13

Target Actual Target Actual Annual Target

Q1 Actual

Total Number of reparations paid

875 8 500 446 367 20

6. Improvement in Information Technology Systems

1. The Department continues to use ICT as a strategic business enabler and will endeavour to structure and operate this component to modernise the Department

2. In the Departmental ICT Strategy, which was developed during 2011/12, a new operating model focusing on building capacity on key strategic areas was identified. The aim of this approach is to reduce over-reliance on external consultants and build sustainable capacity within.

3. As a result of this shift, 28 new posts created in the 2011/12 financial year. Nineteen of them have been filled, while 9 are in the recruitment process. The majority of filled posts are within the systems development space.

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Due to various reasons, mainly budget constraints, there has been delays in refreshing IT equipment and ageing and out-dated equipment, for example, user desktops, scanners and printers.

To address these challenges, the Department has been allocated additional funding for the MTEF period to start the process of renewing/replacing the ageing and outdated equipment and to optimize the IT network.

With regards to Business Continuity, the department has the following systems in place:

1.Centralised servers, which means a court can move to a new site/court and continue operating should a disaster hit

2.The Department uses the Telkom Data Centre, which keeps all departmental data in a highly secured environment

3.There are also data backups kept at Metrofile



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Area Project Name Description 2011/12 2012/13 2013/14

Servers

Central Servers Increase storage at Data Centres (Telkom and Momentum Park)

- 60TB 20TB

Local Servers (RIS) Replace Out-dated Local Servers (Regions and courts)

386 222 sites 30 sites

Local Server Cabinets Replace Server Cabinets at identified High Courts and Masters Offices

- 30 sites 40 sites

Networks

Wide Area Network Upgrades (VPN)

Upgrade IT Wide Area Network (bandwidth) at identified sites

60 120 sites 25 sites

Wide Area Network Upgrades (Optimisers)

Further rollout of WAN Optimisers - 100 sites 70 sites

Local Area Network Upgrades (Switches)

Replace out-dated switches(Regions and courts)

- 320 350

Computers Laptops Replace out-dated Laptops(Regions and courts)

50 100 550

Desktops Replace out-dated Desktops(Regions and courts)

4901 3000 4500

i) Hardware upgrade

The detailed list of hardware to be upgraded in the next two financial years is as follows:

6. Improvement in Information Technology Infrastructure



i) Development of software/systems

During the year under review, the department developed and piloted the following strategic

IT business solutions, within target:

1. ICMS Masters: Deceased Estates

2. ICMS Maintenance (Pre-court order)

3. ICMS Criminal (SAPS docket integration)

4. ICMS Criminal (Case outcome integration)

5. Justice College Student Information System aimed at monitoring training and development in the department.

These systems will enable the Department to modernise the system (e.g. paperless

environment within Master’s) and to ensure integration of systems within the JCPS cluster.

The implementation of third phases of these systems has begun in the 2012/13 and

completion is expected in 2013/14.

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ii) Optimisation of systems

The department has optimised and implemented the following operational IT business solutions:

a. Masters’ Web Portal. This solution improves public access to Masters’ information via the web

b. Masters’ Own Verification Information Technology (MOVIT). This solution enables the Masters’ Offices to authenticate and verify the identity of recipients of funds from the Guardian’s Fund directly with the Department of Home Affairs. This solution has improved the processing turnaround times and the effectiveness of authenticating the identity of Guardian’s Fund recipients.

c. In intensifying the use of ICT as a strategic enabler, the department has identified and created a number of key internal IT positions for which the recruitment process is currently underway.

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iii) Usage of ICMS systems

a. The inadequate use of IT business solutions remains a concern for the department.

In addressing this concern, the department has created an additional internal human resources capacity to improve the management of implemented IT business solutions, and to ensure that the IT solutions meet the business needs.

b. The department has also identified limited training as one of the major contributors to the poor use of IT systems. The department commenced with optimising its business solutions’ training strategy in order to maximise its return on business solutions investments. This intervention is expected to continue in the next financial year.

c. During the period under review, the percentage of lower courts with deployed ICMS system dropped to 55%, against the target of 100%. This was due to the deployment of a new version of ICMS that some courts experienced challenges with.

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c) Justice Modernisation Project

i) Cluster Integration

During the period under review, the Cluster concluded pilot projects of the various case-related integrations between the upgraded Crime Administration System (CAS) of the South African Police Service (SAPS) and the department's Integrated Case Management System (ICMS), which were conducted in the Benoni and Cullinan court districts.

This integration entails the electronic transmission of docket information, first appearance outcomes and case status information between the SAPS and the department.

With regards to video arraignment, the cluster also concluded the deployment of the Video Arraignment Solution to 47 magistrates’ courts linked to 18 correctional facilities. During 2012, the focus will be on the maintenance of these systems and an analysis of their impact and effectiveness.

Update on the cluster project list is shown on the next slide.

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70

Integration Departments Current Status

Pilot Planned

Rollout Planned

Notes

Person Road Map

PIVA DOJCD, IJS TVL & SAPS

Development

Oct/Nov ‘12 Feb/Mar ‘13 Includes the ability to perform criminal record checks for NRSO vetting and vetting of candidates for employment through biometrics.

CJS Unique Person Identifier

SAPS, NPA, DOJCD, DSD, IJS TVL & DCS

Analysis & Design

2013-14 FY 2014/15 FY Multi-year project. Major Architecture and Development work is required in SAPS. Includes Integrated Booking, detention Management and Person Tracking

Case Integration

DOJCD Docket Ready

DOJCD & SAPS

Deployed Completed Completed Solution is fully deployed to 20 Courts and 99 Police stations. The next rollout will include Rural Areas.

NPA Docket Ready

NPA & SAPS Pilot July/Aug ‘12

Feb/Mar ‘13 Pilot in progress.Phase 2 of the solution includes the NPA integration with SAPS and DOJCD on the solution already deployed by SAPS & DOJCD via the transversal hub (see above).

DOJCD Case Outcome

DOJCD & SAPS

Deployed Completed Completed Solution is fully deployed to 20 Courts and 99 Police stations. The next rollout will include Rural Areas.

IJS Project Update


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Integration Departments Current Status

Pilot Planned

Rollout Planned

Notes

IJS Business Intelligence

28 KPI Dashboard

SAPS, NPA, DOJCD, DSD & DCS

DevelopmentOn-going

November 2012

March 2013 Continuous development of the User Interface is undertaken as needed. The next Demonstration to the IJS Board is planned for November 2012 and shortly thereafter the solution will be piloted before it is rolled out by end of March 2013.

Single CJS Data Base

SAPS, NPA, DOJCD, DSD & DCS

Not started

To Be Determined

To Be Determined

Longer term goal, to be established as more and more data is provided by departments as further systems enhancements are delivered. This Project is anticipated to start in the financial year 2013/14.

Project Update


7. Service Delivery improvement

i) Service Standards and the Service Charter

a) The departmental Service Charter together with Service Standards was shared by the

Minister in parliament during March 2012. Implementation will be rolled out in stages.

b) To facilitate the implementation of these standards, 50 officials from courts

implementing Lean Management pilots were trained.

ii) Presidential Hotline

Although the Department is one of the top performing departments with regards to

finalisation of hotline cases (83% cases finalised since inception), the departmental target

of finalising 80% of cases within 30 days was not met; 54% of cases were finalised within

30 days.

This is as a result of a substantial portion of cases involving court processes that need to follow due legal processes which take time.

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7. Implementation of the Communication Plan

The Department implements strategic communication interventions to ensure that

communication is conducted in a well-organised and coordinated manner. The two major

initiatives for the 2011/12 financial year were:

a) The department invested in a television programme, Final Verdict and a radio programme, Justice on the Airwaves. Final Verdict consisted of a 26-part television education programme produced in the form of a documentary-drama to enhance both its informative and entertainment potential.

b) Justice on the Airwaves consisted of 26 episodes transmitted across 11 public radio stations in all official languages. It had an overall listenership of 1 765 000.

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The Department achieved targets on implementation of all communication activities planned. These

activities covered all quarters and included, among others the following:

a) During Women’s Month (August), the department was involved in a publicity media campaign for the Access to Justice Week. This is an initiative between the department and the South African Women Lawyers Association (SAWLA) to provide free legal advice to members of the public.

b) During the 16 Days of Activism campaign, a four-page educational media supplement was produced to communicate departmental interventions in its efforts to combat gender-based violence with a special focus on sexual offences.

c) The National Register for Sex Offenders (NRSO) campaign was launched. A school campaign was included as part of this launch.

d) A media campaign was undertaken to inform the public on the Truth and Reconciliation Commission (TRC). The community-based radio station campaign assisted with the tracing of beneficiaries throughout the country.

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Minister’s Public Participation Programme


As required by Cabinet and in line with the departmental objectives, public participation programmes

were undertaken with a special focus on maintenance and Masters’ services. These included:

a) Events at the Crossroads Community Hall in Phillipi and New Life Ministry Church in Bluedowns in the Western Cape.

b) Other engagements at the Master of the High Court Offices in Johannesburg, Gauteng, and Pietermaritzburg, KwaZulu-Natal.

The departmental communication strategy includes the use of the departmental website and online

social media. During the period under review, 844 004 people visited the department’s website. In

addition, the department successfully launched the Minister’s Facebook page for engagement with the

public.

In the new financial year, more intensive media campaigns have been implemented, which include

among others:

a) Media engagement sessions to give the Minister an opportunity to engage with the media

b) Involvement of DOJCD legal experts in weekly radio phone in (Justice Feature) to educate members of the public on our services

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3. BUDGET OUTCOMESProgramme 1

Budget R'000

Expenditure R'000



BUDGET Current payments Compensation of employees 325 827 325 825 100.0% 2 Goods and services 1 271 488 1 271 489 100.0% (1) Interest and rent on land 141 141 100.0% – Total current payments 1 597 456 1 597 455 100.0% 1 Transfers and subsidies to:Provincial and Local Governments 23 22 95.7% 1 Depart. Agencies & accounts 5 072 5 072 100.0% – Foreign Gov and International Organisations 7 190 7 189 100.0% 1 Households 617 616 99.8% 1 Total Transfers and Subsidies 12 902 12 899 100.0% 3 Payments for capital assets Buildings and other fixed structures - - 0.0% – Machinery, Equipment and Motor Vehicles 229 312 229 312 100.0% – Software and other intangible assets 2 449 2 448 100.0% 1 Total payments for capital assets 231 761 231 760 100.0% 1 Payments for financial assets 187 186 99.5%

1 842 306 1 842 300 100.00% 6

Expenditure per Economic ClassificationProgramme 1

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Current payments Compensation of employees 325 825 282 530 15.3%Goods and services 1 271 489 1 337 499 -4.9%Interest and rent on land 141 199 -29.1%Total current payments 1 597 455 1 620 228 -1.4%Transfers and subsidies to:Provincial and Local Governments 22 - 0.0%Depart. Agencies & accounts 5 072 - 0.0%Foreign Gov and International Organisations 7 189 6 343 13.3%Households 616 1 598 -61.5%Total Transfers and Subsidies 12 899 7 941 61.6%Payments for capital assets Buildings and other fixed structures - - 0.0% Machinery, Equipment and Motor Vehicles 229 312 64 817 253.8%Software and other intangible assets 2 448 - 0.0%Total payments for capital assets 231 760 64 817 257.6%Payments for financial assets 186 9 1966.7%

1 842 300 1 692 995 8.8%

Year on year ChangeProgramme 1

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Budget R'000

Expenditure R'000



BUDGET Ministry 36 281 36 280 100.0% 1Management 43 831 43 830 100.0% 1Corporate services 1 161 263 1 161 259 100.0% 4Office Accommodation 600 931 600 931 100.0% 0of Which

Municipal rates and taxes 194 112 194 113 100.0% -1Accommodation Charges (Gov) 257 690 257 690 100.0% 0Leases of Office Accommodation 149 129 149 128 100.0% 1

1 842 306 1 842 300 100.0% 6

Expenditure per subprogrammeProgramme 1

79

Major Cost Drivers Programme 1

80

CommunicationR 21 592

2%

Audit FeesR 21 592

2%

Agency and support / outsourced

servicesR 63 761

5%

Consultants and professional

services: Business and advisory services

R 27 042 2%

Inventory: Stationery and printing

R 6 230 0%

Lease paymentsR 409 313

34%Travel and subsistence

R 91 116 8%

Property Payments incl Security Services

R 565 242 47%

DEPRTMENTAL PERFORMANCEPROGRAMME 2

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The purpose of this programme is to facilitate the resolution of criminal, civil and

family law disputes by providing accessible, efficient and quality administrative

support to the courts and manage court facilities

Strategic Objectives:

1. Improved coordination of the JCPS Cluster towards the delivery of Outcome 3

2. Improved delivery of maintenance services

3. Increased protection of the rights of vulnerable groups

4. Increased access to justice services by underserviced communities

5. Improved functionality of justice service points

6. Improved delivery of services at the courts

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1. Progress on activities in support of Outcome 3 of the JCPS Delivery Agreement

Number of Cases on the Case Backlog Roll

i.The criminal case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts, has provided additional capacity to the backlog priority sites. The department provided resources in the form of infrastructure, court personnel, judiciary, magistrates and budget in support of the prosecution and judiciary to remove these cases off the backlog roll.

ii.To sustain these activities, the acting appointments are to be converted into permanent posts from 2012/13 onwards.

iii.During the period under review, the number of cases on the backlog decreased to 34 926 against the target of <= 37 034)

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Year 2009/10 2010/11 2011/12 2012/13 Quarter 1

Target Number of cases ≤ 41 828

Number of cases ≤ 40 991



Actual Number of cases = 38 563

Number of cases =37 034

Number of cases = 34 926

Number of cases = 35 026 (Q1 Actual)

Historical performance on case backlogs

Additional Case Backlog Project Information

1. Progress on activities in support of Outcome 3 of the JCPS Delivery Agreement

Number of Cases on the Case Backlog Roll

From the inception of the backlog reduction intervention in November 2006 until the end of March 2012, 59 232 criminal cases were removed from the regional and district court rolls and processed by these additional backlog courts.

Case backlog roll progress since inception

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Period Number of backlog courts

Casesfinalised

Caseswithdrawn

Cases transferred to higher courts

Total number of cases disposed of

Nov 2006 – March 2007 37 855 513 57 1 425April 2007 – March 2008 38 3 503 1 373 237 5 113April 2008 – March 2009 46 4 496 1 763 315 6 574April 2009 – March 2010 56 4 593 2 060 183 6 836April 2010 – March 2011 77 11 085 5 387 554 17 026April 2011 – March 2012 83 15 886 5 730 642 22 258Total 40 418 16 826 1988 59 232

2. Implementation of the Maintenance Turnaround Project

The aim of the Maintenance Turnaround Project is to assist children to receive maintenance

stipend timeously in order to meet their needs. The aim of the project is to:

1. Develop systems (ICMS) that improves service delivery enable the Department to track performance

2. Capacitate and train frontline staff to offer an improved service

3. Undertake process improvement throughout the maintenance value chain

4. Improve turnaround in payment of maintenance to beneficiaries and reduce incidents of losses

During the 2011/12 financial year, 65% of the deliverables of the projects were completed, against the target of 100%.

Delays were experienced in the finalisation of the project due to

i. Procurement challenges in Lean Management which were addressed later in the financial

year

ii. The delay in the appointment of additional maintenance officials due to temporary contracts offered. This issue is being addressed by relevant senior management.

Achievement on the 4 subprojects are detailed on the next slide

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2. Implementation of the Maintenance Turnaround Project

List of achievements on the Maintenance Turnaround Project in 2011/12

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Subproject Title Achievements

1

Business Process and ICMS Pilot for ICMS Maintenance completed according to plan (Temba)

2

Kha RI Unde: Service Point Improvement

1. Introduced mediation services in pilot sites2. Developed signage at a pilot site in Kwa-Mhlanga

3

Lean Management (Business Process Improvement)

1. Completed 1 pilot site (in Temba) against a target of 92. 7 more sites have been completed so far during 2012/13.3. In all the sites completed, officials have implemented process changes that significantly improve maintenance operations.

4

Electronic Fund Transfer Decentralisation

1. Successfully completed all sites identified for new EFT payments. 2. At the end of the financial year, 103 courts and 95 000beneficiaries were receiving maintenance through this decentralised EFT payment. This has substantially reduced the Average turnaround time of payments.

3. Improved protection of vulnerable groups

ii) National Register of Sexual Offenders

a) Following the roll-out of the ICMS NRSO system, usage for the system reached 70% of all courts reporting relevant offences.

b) The database increased from 978 names in 2010/11 to 2 340 by the end of 2011/12.

c) During the year under review, a database of 39 684 offenders were received from the SAPS for possible inclusion in the database. Purification of this data was unfortunately not finalised and the target was not reached. Complexities regarding historical convictions are being addressed.

d) A detailed publicity campaign to educate the public on the NRSO is being implemented during the current financial year.

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NRSO Campaign Plan


ii) Improvement in the management of sexual offences

a. The National Policy Framework on Sexual Offences was tabled in Parliament with recommendation to reopen the consultative process with stakeholders.

b. Improvement of witness testifying rooms for specialised sexual offences services were continued during the 2011/12 financial year, and to date have purchased:

1. 335 close circuit television camera

2. 49 one-way mirrors

3. 225 child testifying rooms

4. 195 anatomically correct dolls

c. With regards to Specialised Sexual Offences Courts, the Task Team finalised two research studies, namely, Historical Data Analysis on the Efficacy of the Sexual Offences Courts, and the Empirical Field Study at the few sample of courts that previously operated as Sexual Offences Courts and a few of the existing Dedicated Sexual Offences Courts. At the end of August 2012, the Task Team submitted its preliminary findings to the Minister.

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iii) One-Stop Child Justice Centres (OSCJC)

a. THE OSCJC are established to streamline the process of children from arrest to formal court processes.

b. For the year under review, 2 in Eastern Cape and North-West were planned for finalisation, however both were delayed by concurrence processes with relevant departments.

c. There are still outstanding concurrence signatures and this has been taken up with the Ministry.

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iv) Finalisation of cases by the Office of the Chief Family Advocate

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2010/11 2011/12New cases 10 640 12 129

Finalised cases 9 074 10 849

Outstanding cases 5 046 5 608

The objective of the Office of the Chief Family Advocate is to finalise family-related disputes according to the guidelines in the legislation and to ensure that this is done to the satisfaction of parties involved.

The Office of the Chief Family Advocate managed to finalise 31% of Family Law cases during the year under review, against the target of 33%. This can be attributed to:

a.Workload due to staff shortages, especially mediators, b.The small footprint of the office in all regions. c.In addition, The increased mandate of the Family Advocate through the introduction of mediation provisions in the Children’s Actd.Extension of the work of the Office to lower courts

Cases handled by the Office of the Chief Family Advocate over 2 financial years

4. Improved access to court infrastructure

i) New Court Buildings

During the period under review, 3 courts were under construction, namely Tsakane, Kagiso

and Katlehong, with Tsakane being completed. The remaining two were not completed and

will be finalised during the 2012/13 financial year.

No Repair and Maintenance Projects were undertaken during the period under review due to

budget being used on pressing capital projects.

Update on Mpumalanga High Court

1. DPW has not yet finalised the lease agreement for temporary accommodation

2. DPW has to finalise the acceptance of the donation of land from Mbombela Municipality

Progress on current and upcoming capital projects are shown in the upcoming slides.

91




Status of multi-year projects

92


Province Project Anticipated Date of Completion

Comments

Gauteng South Gauteng High Court refurbishments and additions

October 2013 Project is on-going. Due to unforeseen work that had to be done, the project completion date will be reviewed by the contractor

Gauteng Construction of new Katlehong Magistrate Office

June 2012 Practical Handover was done in June 2012 and the court was opened in August 2012

Limpopo Construction of new Limpopo High Court

April 2013 Project date of completion has been moved to 2013 due to approved extension of time as well as additional work for the Director of Public Prosecution (DPP) added to the current scope of work

Gauteng Construction of new Kagiso Magistrate Office

December 2012

The contract has been experiencing cash flow problems but it is being resolved. The project is being monitored on bi-weekly bases by DPW and DOJ&CD. Practical completion is expected in December 2012

All Provinces

Provision of Facilities for People with Disability

Various All projects at implementation phase

Additional Info on Facilities



Project started in the 2012/13 financial year

93


Province Project ProgressWestern Cape Construction of new Plettenberg

bay Magistrate OfficeProject out on tender and waiting for DPW to finalise the donation of land by the Municipality before appointment can be finalised.

Mpumalanga High Court

Construction of new Mpumalanga High Court

Project out on tender but appointment waiting for DPW to finalise the acceptance of the donation by the Municipality

Gauteng Construction of new Mamelodi Magistrate Office

Project is out on tender

KZN Port Shepstone Magistrate Office Project not out on tender (DPW still finalising the acceptance of the donation from the Municipality). Project will go out on tenor in January 2013

New offices for the NPA Project not out on tender (awaiting DPW approval of the Procurement Strategy)

Eastern Cape Construction of new Bityi Magistrate Office

Project not on tender as yet due to revised scope of work requested. Revised scope is being incorporated into the project and the tender will go

Maintenance and refurbishments of 43 Magistrate Offices


ii) Conversion of branch courts

1. During the period under review, 3 more courts (Mamelodi, Ntuzuma and Northam) were converted to full-service courts, bringing the number of conversions to 18.

2. The conversion of the Attridgeville court has been delayed by the consultative processes regarding Diepsloot.

3. The remaining 6 courts are expected to be completed by 2012/13 financial year.

iii) Alignment of Magisterial Districts with local municipal boundaries

The process is not yet finalised due to further consultative processes and the dependency on finalisation of the Superior Courts Bill.

94



iv) Establishment of Small Claims Courts

a) During the period under review, 23 Small Claims Courts were established, against a target of 30. There is a major challenge in attracting Commissioners on a pro bono basis. Stakeholders such as Legal Aid SA has stepped in to assist with Commissioners.

b) In addition, 195 new commissioners, 8 ad hoc commissioners and 185 advisory board members were appointed and 28 government notices were published.

c) Eight small claims courts that had been inactive due to a lack of commissioners were revived by the appointment of new commissioners.

95



iv) Establishment of Small Claims Courts

96


Small Claims Courts established during the 2011/12 financial yearCourt Province Date established

Cathcart Eastern Cape 03 June 2011Kenhardt Northern CapeBotshabelo Free State 15 July 2011Vrede Free StateNongoma KwaZulu-NatalRoodepoort GautengIngwavuma KwaZulu-Natal 22 July 2011Swartruggens North WestUbombo KwaZulu-Natal 19 August 2011Willowmore Eastern CapeEdenburg Free State 26 August 2011Ganyesa North WestRandfontein Gauteng 4 November 2011Waterval Boven Mpumalanga 9 December 2011Bloemhof North West 23 December 2011Mamelodi GautengEerstehoek Mpumalanga 17 February 2012Mount Fletcher Eastern Cape 2 March 2012Heidelberg Gauteng 16 March 2012Tshitale LimpopoMatatiele Eastern CapeCala Eastern Cape 30 March 2012Marquard Free State

List of 23 Small Claims Courts established in 2011/12

97


Budget R'000

Expenditure R'000



BUDGET Current payments Compensation of employees 2 570 152 2 570 152 100.0% 0Goods and services 900 648 900 648 100.0% 0Interest and rent on land 1 205 1 204 99.9% 1Total current payments 3 472 005 3 472 004 100.0% 1Transfers and subsidies to:Provincial and Local Governments 307 307 100.0% 0Depart. Agencies & accounts - - 0.0% 0Foreign Gov and International Organisations - - 0.0% 0Households 13 455 13 455 100.0% 0Gifts and donations 23 23 100.0% 0Total Transfers and Subsidies 13 785 13 785 100.0% 0Payments for capital assets Buildings and other fixed structures 683 095 683 095 100.0% 0 Machinery, Equipment and Motor Vehicles 47 265 47 265 100.0% 0Software and other intangible assets - - 0.0% 0Total payments for capital assets 730 360 730 360 100.0% 0Payments for financial assets 3 328 3 328 100.0%

4 219 478 4 219 477 100.00% 1


98

Expenditure 2011/12 R'000


Percentage change

Current payments Compensation of employees 2 570 152 2 331 424 10.2%Goods and services 900 648 962 983 -6.5%Interest and rent on land 1 204 3 805 -68.4%Total current payments 3 472 004 3 298 212 5.3%Transfers and subsidies to:Provincial and Local Governments 307 - 0.0%Depart. Agencies & accounts - - 0.0%Foreign Gov and International Organisations - - 0.0%Households 13 455 10 900 23.4%Gifts and donations 23 4 475.0%Total Transfers and Subsidies 13 785 10 904 79.1%Payments for capital assets Buildings and other fixed structures 683 095 542 493 25.9% Machinery, Equipment and Motor Vehicles 47 265 61 061 -22.6%Software and other intangible assets - - 0.0%Total payments for capital assets 730 360 603 554 21.0%Payments for financial assets 3 328 - 0.0%

4 219 477 3 912 670 7.8%


99

Budget R'000

Expenditure R'000



BUDGET

Constitutional Court 90,993 90,993 100.0% 0

Supreme Court of Appeal 20,880 20,880 100.0% 0

High Court 353,832 353,832 100.0% 0

Specialised Court 41,516 41,516 100.0% 0

Lower Court 2,510,868 2,510,867 100.0% 1

Family Advocate 105,884 105,884 100.0% 0

Magistrates Commission 10,410 10,410 100.0% 0

Government Motor Transport 23,234 23,234 100.0% 0

Facilities Management 700,406 700,406 100.0% 0Administration of Courts 361,455 361,455 100.0% 0

4,219,478 4,219,477 100.0% 1


100


101

CommunicationR 109,023

13%

Consultants and professional services:

Business and advisory services

R 27,563 3%

Consultants : Legal Costs

R 20,757 3%

Agency and support / outsourced services

R 83,787 10%


R 53,389 6%

Computer ServicesR 102,178

12%

Travel and subsistenceR 336,899

40%

Lease paymentsR 15,879

2%

Operating expenditure

R 89,463 11%

DEPARTMENTAL PERFORMANCEPROGRAMME 3

102

The purpose of this programme is to provide legal and legislative services to

government, supervise the administration of deceased and insolvent estates and

the Guardian’s Fund, prepare and promote legislation and undertake research in

support of this mandate

Strategic objectives

1. Improved service delivery at the Masters’ service points

2. Increased efficiency in the provision of services to beneficiaries of the Guardian’s Fund, trusts, and insolvent and deceased estates

3. Promotion of constitutional development and strengthening of participatory democracy to ensure respect for fundamental human rights

4. Improved provision of legal services to state organs

5. Improved policy and legislative framework for the effective and efficient delivery of justice services

103


In respect to the objectives for this programme, the following were key achievements during

the 2011/12 financial year:

1. Finalisation of projects to improve services within the Master’s branch

a) As part of the turnaround strategy in the Office of the Master of the High Court, special focus has been placed on training frontline officials. During the period under review, a total of 259 officials who provide Masters’ services have been trained in service excellence by the Justice College.

b) The further development of the ICMS Masters to create a Paperless Estate Administration System (PEAS). The successful implementation of PEAS will relieve work pressure on the Masters’ officials, and also curb the possibility of fraud and loss of documents.

c) Electronic fund transfers for Guardian’s Funds were implemented in four offices to improve the turnaround time of payments to beneficiaries.

104


Additional Info

2. Improved services in the Master’s environment

With regards to Master’s services, targets were achieved in the following:

a) Percentage of small estates (<R125 000) finalised within 4 months: 95% against the target of 90%

b) Percentage of trusts finalised within 14 days: 97% against the target of 90%.

Performance on other services offered by the Master of the High Court, particularly large

deceased estates, insolvencies and liquidation was lower than target due to

overdependence on third parties in the delivery of services and increasing complexity in

matters handled.

105


3. State Litigation

Performance on Counsel Briefing

a) During the period under review, 70.3% of the value of briefs was issued to previously disadvantaged individuals, against the target of 70%. This percentage translates into an amount of R263 739 311 in monetary terms. This is an improvement on the previous year’s performance of 69%.

b) As far as the briefing of women is concerned, there was an improvement in comparison to the previous year, as 18.2% of the briefs issued were allocated to women. This translates into an amount of R68 242 342 in monetary terms. This is an improvement on 2010/11, where only 14.2% of the value of briefs were awarded to women, with a value of R39 874 635.

c) A total of R374 755 279 was paid to counsel from all State Attorney offices. There was an overall increase in counsel payment of 33.5% during the 2011/12 financial year.

106


3. State Litigation

ii) Performance on cases enrolled and legal costs

a) During the period under review, 5 893 cases were enrolled, of which only 1 856 were finalised. There was a decline of 2.1% in the number of cases finalised in comparison to the previous year’s performance.

b) In 2010/11, a total of R63 677 232 was spent on briefing correspondent attorneys. In 2011/12, this amount was R58 386 081. This represents an 8.3% reduction in legal costs year-on-year, against the target of 25% reduction.

c) To further manage these costs, the Blueprint for the Management of State Legal Services, which was previously a standalone project, is now part of the Discussion Document on Transformation of Legal Services. The Blueprint is intended to create greater efficiency in the Framework on the Transformation of the State’s Legal management of state litigation by means of the following:

1) Implementing clear guidelines regulating how state litigation is to be conducted

2) Clarifying the roles and responsibilities of stakeholders (state attorneys and government departments) in state litigation management

3) Setting out minimum qualifications for persons dealing with litigation

4) Implementation of cost-saving measures

107


3. State Litigation

iii) Update on recovery of legal costs from other state departments

The DOJCD assists other government department with litigation and is required to

recover the cost from the relevant departments.

The update on this matter is as follows:

a. The opening balance of monies owed to the State on 1 April 2012 was R 384 158 876

b. At the end of August 2012, R 322 149 670 was owingDuring April to August 2012 an amount of R290 560 242 was incurred as legal costs

c. Between April and August 2012, while the account was reduced by R 62 009 206, the total collected between April and August 2012 is R 352 569 448.

d. In other words, the balance owing is reducing faster than the amount of current expenses incurred and this is a positive step towards reducing the total amount outstanding.

108


3. State Litigation

ii) Pardons and Expungements

Pardons and expungements relate to the clearing of the criminal record of a person and

enables rehabilitated persons to reintegrate themselves into society in general and the job

market in particular.

In the year under review, 5 894 expungements and 703 pardon applications were finalised.

109


5. International Legal Relations

a) During the year under review, the Department received 131 requests for extradition and mutual legal assistance in criminal matters. Of these requests, 32 had to be returned to the respective states as the requests did not comply with South Africa’s domestic law. A total of 99 valid requests have been processed and channelled to the National Prosecuting Authority and/or Interpol for execution.

b) With regards to the performance against our targets: 87.2% of cases were finalised within 3 weeks period, against the target of 100% finalised within 3 weeks.

c) Due to the number of departments and/or institutions involved in the execution of extradition and mutual legal assistance requests, and taking into consideration that diplomatic channels are followed to transmit documents, delays are experienced from time to time.

d) The drastic reduction in the turnaround time for the processing of these requests should be a clear indication to the rest of the world that South Africa will neither be a safe haven for fugitives nor a breeding ground for transnational organised crime.

110


6. Compliance with the PAIA Act

a) Section 32 of the Constitution, 1996, provides that everyone has the right to access any information held by the state and any information held by another person and that is required for the exercise or protection of any rights.

b) During the 2011/12 financial year, applications for access to information increased to 792 from 215 in 2010/11. As a result of the marked increase in applications, performance dropped to 18%, against the target of 100%.

c) This marked increase can be attributed to inmates in correctional facilities appealing their sentences. Of the 792 cases, 141 requests granted in full in the public interest.

d) There are two approaches to ensuring compliance:

1) People will be identified to assist with the management of cases during busy periods

2) The Department will continue with the digitisation of court records to avoid incidences of lost records.

111


6. Constitutional Development

i) Access to Human Rights Programme

The Department, in conjunction with the Foundation for Human Rights, has been involved in the

implementation of a human rights programme funded with the assistance of the European Union.

Three projects implemented under this programme were:

1) Programme to improve access to justice, including restorative justice mechanisms for vulnerable and marginalised groups

2) Programme to increase awareness and knowledge of constitutional rights for vulnerable and marginalised groups

3) Programme to enhance participatory democracy through public policy dialogue and strengthening the capacity of community-based organisations

The sustainability of funding for the programme remains a challenge in light of the financial

situation in the world and the EU in particular. Budget to sustain this very critical human rights work

need to be arranged. We extend gratitude and appreciation to the EU and the community-based

organisations that perform day-to-day advocacy work.

Key deliverables of this programme over the 2010/11 to 2011/12 financial years are detailed

on the next slide. 112


113


Year 1 Year 2

Target Achieved Target Achieved

1 Number of new Community Advice Offices established 15 20 45 45

2 Number of SLAs signed with Community Advice Offices in order to strengthen their capacity

20 20 50 50

3 Development of a programme to promote the Equality Act Programme developed

Programme developed

- -

4 Workshops to promote the Equality Act in partnership with CSOs - - 6 6

5 Number of CSOs attending workshops to promote the Equality Act 180 180 - -

6 Number of Magistrate Court clerks attending PEPUDA training - - 100 100

7 Number of individuals benefiting from diversion services 6,500 10,195 7,600 10,195

8 Audience reached by popular constitutional rights awareness programmes

1 Million 3.5 Million 2 Million 3.5 Million

9 Number of SLAs signed with CSOs to implement constitutional rights awareness programs

60 63 120 160

10 Number of refugees, asylum seekers and undocumented migrants benefiting from community support services

10, 000 10, 413 30, 000 32, 000

11 Provincial and national forums between CSOs, CSO networks and government on Human Rights issues

4 4 10 10

12 Number of beneficiaries of programmes that build the capacity of CSOs

1,200 929 2,400 2,600

13 Number of CSOs participating in public policy dialogues 80 200 150 300

Key deliverables of the Access to Human Rights Programme

6. Constitutional Development

ii) Implementation of human rights acts policies on behalf of government

The Department plays an important role in ensuring that legislations relating to human

rights, administrative justice are implemented. By putting together actions plans and

policies of government. During the period under review, two policies were under

development and are going through consultation with relevant stakeholders:

a) Policy Framework to Combat Hate Crimes, Hate Speech and Unfair Discrimination

b) National Action Plan for strengthening national cohesion by eliminating all forms of racism, racial discrimination, xenophobia and related intolerances

In addition, the department plays a key role in assisting government to comply with PAJA

(Promotion of Administrative Justice Act) and in this regard co-ordinates the

Interdepartmental Working Group to implement the Act. A number of pilots are on-going

and will guide further implementation of the Act.

114


7. Policy Development

Our l legislative programme is informed by a number of policy initiatives which are aimed at giving effect to certain constitutional imperatives , which include, among others:

(a) the transformation of the Judicial system and administration of justice broadly

(b) the rationalisation of the courts

(c) the transformation of the Legal Profession

(d) the alignment of the traditional courts with the Constitution

The Discussion Document of the Transformation of the Judicial System and the Role of the Judiciary in the Developmental South African State and the comments received thereon will form the basis of further Bills regarding the following, among others:

- the transformation of the magistracy- the court administration agency

115


a) Bills introduced into Parliament:

1. Superior Courts Bill (June 2011)

2. Constitution 17th Amendment Bill (June 2011)

3. Traditional Courts Bill (January 2012)

4. Sheriffs Amendment Bill (January 2012)

5. Judicial Matters Amendment Bill (March 2012) (approved by Parliament in October 2012)

b) Bills passed by Parliament:

1. State Liability Amendment Act (August 2011)

2. Protection from Harassment Act (December 2011)

c) Other Bills in which the Department participated in deliberations in Parliament:

1. Prevention and Combating of Trafficking in Persons Bill (approved by National Assembly in June 2012)

2. Protection of Personal Information Bill (approved by National Assembly in September 2012)

116

7. Summary of legislative activities


SUMMARY OF LEGISLATIVE ACTIVITIES contd:

d) Bills prepared for submission to Parliament:

1. Legal Practice Bill (introduced into Parliament in May 2012)

2. Prevention and Combating of Torture of Persons Bill (introduced into Parliament in June 2012)

3. South African Human Rights Commission Bill (submitted to G & A DG Cluster in February 2012 and is to serve before Cabinet in October 2012)

4. Judicial Matters Second Amendment Bill (to serve before Cabinet in October 2012)

5. Determination of Remuneration of Commissioners of Chapter 9 Institutions Amendment Bill (to serve before Cabinet in October 2012)

6. Legal Aid Bill (ready to be submitted to Minister & Cabinet for consideration and approval)

7. Criminal Procedure Amendment Bill dealing with the right to appeal by the prosecution on questions of fact and out-of-court settlements (ready to be submitted to Minister & Cabinet for consideration and approval)

117



e) Bills still under consideration and in preparation:

1. Muslim Marriages Bill

2. Prohibition of Racism, Hate Speech, Xenophobia and Related Intolerance Bill

3. National Prosecuting Authority Amendment Bill

4. Protected Disclosures Amendment Bill

f) Subordinate legislation:

1. 11 proclamations were prepared and published under the SIU legislation in terms of which the President authorised the SIU to investigate allegations of impropriety in state institutions. A further 5 were under consideration by end of March 2012.

2. Other noteworthy regulations published:

i. Regulations under the Attorneys Act, 1979, dealing with the investment of monies in the Attorneys Fidelity Fund. (May 2011)

ii. Practical Guidelines for Employees under the Protected Disclosures Act, 2000. (August 2011)

118



f) Subordinate legislation contd:

iii. Regulations under the Sheriffs Act, 1986, dealing with advisory committees for purposes of appointing sheriffs. (September 2011)

iv. Regulations under the Administration of Estates Act, 1965, dealing with fees and tariffs payable to appraisers, fees which were last adapted in 2001. (November 2011)

v. Regulations under the Magistrates’ Act, 1993, dealing with the maternity leave, adoption leave and family responsibility leave for magistrates. (January 2012)

vi. Two sets of proclamations and notices in terms of which the audio-visual link legislation was implemented were published in October and November 2011, respectively.

119


120


Budget R'000

Expenditure R'000



BUDGET Current payments Compensation of employees 595 051 595 051 100.0% 0Goods and services 92 458 92 457 100.0% 1Interest and rent on land 161 160 99.4% 1Total current payments 687 670 687 668 100.0% 2Transfers and subsidies to:Provincial and Local Governments 20 20 100.0% 0Depart. Agencies & accounts - - 0.0% 0Foreign Gov and International Organisations - - 0.0% 0Households 2 647 2 647 100.0% 0Total Transfers and Subsidies 2 667 2 667 100.0% 0Payments for capital assets Buildings and other fixed structures - - 0.0% 0 Machinery, Equipment and Motor Vehicles 7 370 7 369 100.0% 1Software and other intangible assets - - 0.0% 0Total payments for capital assets 7 370 7 369 100.0% 1Payments for financial assets - - 0.0%

697 707 697 704 100.00% 3


121



Percentage change

Current payments Compensation of employees 595 051 520 413 14.3%Goods and services 92 457 126 664 -27.0%Interest and rent on land 160 715 -77.6%Total current payments 687 668 647 792 6.2%Transfers and subsidies to:Provincial and Local Governments 20 - 0.0%Depart. Agencies & accounts - - 0.0%Foreign Gov and International Organisations - - 0.0%Households 2 647 2 164 22.3%Total Transfers and Subsidies 2 667 2 164 81.1%Payments for capital assets Buildings and other fixed structures - - 0.0% Machinery, Equipment and Motor Vehicles 7 369 6 390 15.3%Software and other intangible assets - - 0.0%Total payments for capital assets 7 369 6 390 15.3%Payments for financial assets - 14 496 -100.0%

697 704 670 842 4.0%


122

Budget R'000

Expenditure R'000



BUDGET

State Law Advisors 49,352 49,352 100.0% 0Litigation and Legal Services 267,451 267,451 100.0% 0Legislative Development and Law Reform 38,913 38,911 100.0% 2Master of the High Court 330,997 330,997 100.0% 0Constitutional Development 10,994 10,993 100.0% 1

697,707 697,704 100.0% 3


123


124

CommunicationR 15 319

18%Computer Services

R 1 044 1%

ContractorsR 1 343

2%

Consultants and Prof Serv: Legal Costs

R 28 599 33%


R 8 159 10%

Lease paymentsR 1 986

2%

Travel and subsistence

R 19 681 23%

Operating expenditure

R 9 787 11%

annual report 2011/12 and budget recommendations

Documents

department of justice

delivery of justice

state legal services

protectssocial justice

accountable justice

child justice act

legal aid

constitutional values