ANNUAL REPORT 2014-2015
Legal Aid South Africa 2014–2015P
EO
PL
E D
EV
EL
OP
ME
NT
A
ND
FIN
AN
CE
Total Staff (Budgeted) 2,797
Total Staff (Recruited) 2,619
Turnover Rate (Excluding Contract Staff) 6%
Best Employer Accreditation 6th Year
Law Students Preferred Employer
(As Ranked in Universum Survey) Ranked 1st
Total Budget 1,638,622,972
Expenditure Level 98,1%
Payment within 30 days 99%
Auditor General Report Unqualiied and Clean
Number of years
unqualiiedaudits 14th Year
NA
TIO
NA
L F
OO
TP
RIN
T
Justice Centres 64SatelliteOfices 64RegionalOfices 6NationalOfice 1
LEGAL AID SA INFRASTRUCTURE LEGAL AID SA NATIONAL FOOTPRINT
RECRUITED STAFF: 2,619
Criminal legal 1,630
Support 561
Civil legal 250
Paralegals 178
LE
GA
L S
ER
VIC
ES
DE
LIV
ER
Y
NEW LEGAL AID MATTERS:
448,195
FINALISED LEGAL AID MATTERS:
444,630
CRIMINAL/CIVIL NEW MATTERS:
448,195
LEGAL ADVICE MATTERS:
321,241
Justice Centres 421,527
Judicare 20,674
Co-operation 4,777
Agency Agreement 1,199
Impact Litigation 18
Justice Centres 425,199
Judicare 13,300
Co-operation 5,065
Agency Agreement 1,057
Impact Litigation 9
Criminal 394,172
Civil 54,023
Justice Centres 179,551
SatelliteOfice55,453 Other Staff Consultations 11,898
Awaiting Trial Prisoners 31,453
Call Centre – Civil 37,599
Call Centre – Criminal 5,289
ALEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Vision 2030
A South Africa in which the rights and responsibilities enshrined
in the Constitution are realised to ensure equality, justice and a
better life for all.
Mission 2030
To be the leader in the provision of accessible, sustainable,
ethical, quality and independent legal services to the poor and
vulnerable.
Values
• Passion for Justice and Protection of Human Rights
• Ubuntu
• Integrity
• Accountability
• Service Excellence
• People Centred
PART A: GENERAL INFORMATION
1. Legal Aid South Africa General Information 4
2. Scope and Boundary of the Integrated Annual Report 6
3. Strategic Overview 7
3.1. Vision 7
3.2. Mission 7
3.3. Values 7
3.4. Strategic Outcome Orientated Goals 7
4. Legislative and Other Mandates 8
4.1. Constitutional Mandate 8
4.2. Legislative Mandate 8
4.3. Public Finance Management Act (PFMA) 9
5. Organisational Structure 10
6. Foreword by the Board Chairperson 13
7. ChiefExecutiveOficer’sOverview 16
PART B: PERFORMANCE INFORMATION
1. Statement of Responsibility for Performance Information for the year ended 31 March 2015 22
2. Auditor’sReport:PredeterminedObjectives 223. OverviewofLegalAidSouthAfrica’sPerformance 23 3.1. Service Delivery Environment 23
3.2. Organisational Environment 24
3.3. Key Policy Developments and Legislative Changes 25
3.4. Strategic Outcome Oriented Goals 25
4. Performance Information by Programme 25
5. Summary of Financial Information 55
PART C: GOVERNANCE
1. Introduction 60
2. Portfolio Committees 60
3. Executive Authority 60
4. The Accounting Authority (Board) 60
5. Risk Management 64
6. IT Governance 67
7. Internal Control Unit 67
8. Internal Audit Function 67
9. Compliance with Laws and Regulations 68
10. Fraud and Corruption 69
11.MinimisingConlictofInterest 6912. Code of Conduct 69
13. Health, Safety and Environmental Issues 69
14. Board Secretary 70
15. Report of the Audit Committee 70
Contents
1LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PART D: SUSTAINABILITY REPORT
Sustainability Report (including Stakeholder Report) 74
PART E: HUMAN RESOURCE MANGEMENT
1. Introduction 90
1.1. Overview of HR Matters at the Public Entity 90
1.2. Set HR Priorities for the Year under Review and the Impact of these Priorities 90
1.3. Workforce Planning Framework and Key Strategies to Attract and Recruit a Skilled and Capable Workforce 91
1.4. Employee Performance Management Framework 92
1.5. Employee Wellness Programmes 92
1.6. PolicyDevelopments:Highlights,Challenges,FutureGoals 922. Human Resource Oversight Statistics 93
PART F: FINANCIAL INFORMATION
1. Statement of Responsibility 102
2. ReportoftheChiefExecutiveOficer 1023. Report of the Auditor-General to Parliament on Legal Aid South Africa 105
4. Annual Financial Statements 108
PART G: COMPANY INFORMATION AND CONTACT DETAILS
1. Regional Management 154
2. Contact Details 156
2.1. NationalOficeContactDetails 156 2.2. JusticeCentresandRegionalOficesContactDetails 157 2.3. SatelliteOficesContactDetails 164
2 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
List of Tables
Table 01 List of Abbreviations/Acronyms 5
Table 02 Organisational Structure 10
Table 03 Legal Aid South Africa Corporate Dashboard 2014–2015 26
Table 04 Legal Aid South Africa Corporate Dashboard 2014–2015 Provincial Split 32
Table 05 Legal Aid South Africa Annual Performance Report 35
Table 06 Summary of Financial Information 55
Table 07 The Composition of the Board appointed in terms of Legal Aid Act, 1969 61
Table 08 Board Committee Membership 64
Table 09 Legal Aid South Africa Strategic Risks – Mitigating Controls and Opportunities 65
Table 10 Details of the Audit Committee Members and their attendance of meetings 70
Table 11 Engagement with Stakeholders 80
Table 12 Personnel Costs by Business Unit 93
Table 13 Personnel Cost by Salary Band 95
Table 14 Performance Rewards 95
Table 15 Training Costs 96
Table 16 Employment and Vacancies per Region 98
Table 17 Employment Changes 98
Table 18 Employment and Vacancies per Critical Occupation 99
Table 19 Reasons for Staff Leaving 99
Table20 LabourRelations:MisconductandDisciplinaryAction 99
Table 21 Equity Target and Employment Equity Status 100
Table22 JusticeCentresandRegionalOficesContactDetails 157
3LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTA: GENERAL INFORMATION
4 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
REGISTEREDNAME: LegalAidSouthAfrica
PHYSICALADDRESS: LegalAidHouse 29 De Beer Street
Braamfontein
Johannesburg
2017
South Africa
POSTALADDRESS: PrivateBagX76 Braamfontein
2017
TELEPHONENUMBER: +27118772000
FAXNUMBER: +27118772222
EMAILADDRESS: [email protected]
WEBSITEADDRESS: www.legal-aid.co.za
EXTERNALAUDITORS: Auditor-GeneralSouthAfrica 300 Middel Street
New Muckleneuk
PO Box 446
Pretoria
0001
BANKERS: FirstNationalBank 92–94 Jorissen Street
Braamfontein
2017
BOARDSECRETARY: MrJosephLethiba
1. Legal Aid South Africa General Information
GENERAL INFORMATION
5LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 01: List of Abbreviations/Acronyms
Thisisanalphabeticallistofabbreviationsandacronymsused.Whilstmanyaregenericinnature,somearespeciicallyusedatLegal Aid South Africa.
ADR Alternative Dispute Resolution
AFS Annual Financial Statements
AG Auditor-General
APN Access Point Name
ATJ Access To Justice
ATP Awaiting Trial Prisoners
BAC Bid Adjudication Committee
BP Business Plan
CA(s) Candidate Attorney(s)
CARP Capital Asset Replacement Programme
CAT Children Awaiting Trial
CBO Community Based Organisation
CCMC Constitutional Case Management Committee
CJSR Criminal Justice System Review
COIDA Compensation for Occupational Injury and
Disease Act
CPD Corporation for Public Deposits
CPLD CertiicateProgrammeinLeadershipDevelopment
CSI Corporate Social Investment
DC District Court
DoH Department of Health
DoJ&CS Department of Justice and Correctional Services
EE Employment Equity
eLAA e-Legal Aid Administration System
EVP Employee Value Proposition
FBO Faith Based Organisation
FMPPI Framework for Managing Programme
Performance Information
FWA Flexible Work Arrangement
GC Generally Compliant
GRAP Generally Recognised Accounting Practice
GRI Global Reporting Initiative
HC High Court
HCU High Court Unit
HR Human Resources
ICT Information and Communications Technology
IJS Integrated Justice System
ILU Impact Litigation Unit
IS Information Systems
IT Information Technology
JC Justice Centre
JCE Justice Centre Executive
KPI(s) Key Performance Indicator(s)
LAG Legal Aid Guide
LAN Local Area Network
LDD Legal Development Department
Legal Aid
SA
Legal Aid South Africa
LQA Legal Quality Assurance
LQAU Legal Quality Assurance Unit
LSMs Living Standards Measures
LSSA Law Society of South Africa
LSTC Legal Services Technical Committee
MAP Management Advanced Programme
MAR Matter Activity Report
MIS Management Information System
MRD Management of Remand Detainees
MTEF Medium Term Expenditure Framework
NEEC NationalEficiencyEnhancementCommittee
NGO Non-Governmental Organisation
NPA National Prosecuting Authority
NT National Treasury
OCP Organisational Culture Programme
PA(s) Professional Assistant(s)
PAA Public Audit Act
PAIA Promotional of Access to Information Act
Pr. Att(s) Principal Attorney(s)
PFMA Public Finance Management Act
PEEC ProvincialEficiencyEnhancementCommittee
PPPFA Preferential Procurement Policy Framework Act
No. 5 of 2000
PPU Payment Processing Unit
QA Quality Assurance
RC Regional Court
RD Remand Detainee
ROE Regional Operations Executive
SAFLII South African Legal Information Institute
SANAC South African National Aids Council
SAPTU South Africa Parastatal Institution Union
SCA Supreme Court of Appeals
SCM Supply Chain Management
SO SatelliteOfice
SOP Standard Operating Procedure
SP Strategic Plan
SPA Supervisory Professional Assistant
UNDP United Nations Development Programme
UPS Uninterrupted Power Supply
VoIP Voice over IP
VPN Virtual Private Network
WAN Wide Area Network
WFHR World Forum on Human Rights
GENERAL INFORMATION
6 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2. Scope and Boundary of the Integrated Annual Report
The integrated annual report covers the activities and results of Legal Aid South Africa for the period 1 April 2014 to 31 March
2015. The integrated annual report has been prepared according to Generally Recognised Accounting Principles (GRAP), the
requirements of the Public Finance Management Act (No 1 of 1999) (PFMA), the recommendations of King lll and the National
Treasury Guide on the preparation of Annual Reports for Public Entities.
STATEMENT FROM GOVERNING BOARD ACKNOWLEDGING ITS RESPONSIBILITY FOR
ENSURING THE INTEGRITY OF THE REPORT
The Board of Directors (Board) acknowledges its responsibility to ensure the integrity of the integrated report. The Board has
accordingly applied its mind to the integrated report and in the opinion of the Board, the integrated report addresses all material
issues, and presents fairly, the integrated performance of the organisation and its impacts. The integrated report has been
prepared in line with best practice pursuant to the recommendations of the King III Code (principle 9.1).
TheannualreportwasapprovedbytheBoardofDirectorson25July2015andsignedontheirbehalfby:
Ms Vidhu Vedalankar
ChiefExecutiveOficer:LegalAidSouthAfrica
Judge President Dunstan Mlambo
Chairperson:BoardofLegalAidSouthAfrica
GENERAL INFORMATION
7LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Strategic Overview
The2014–2015inancialyearwasthethirdandinalyearofimplementation of the Legal Aid South Africa Strategic Plan
2012–2017. During the period under review, a new Strategic
Plan 2015–2020 was developed taking into account the
externalandinternalenvironmentalinluencesthatimpactonthe organisation, and through a process of consultation with
internal and external stakeholders. The new Strategic Plan
2015–2020alignstothetermofoficeofgovernmentandhasbeen approved by the Board of Legal Aid South Africa and the
Executive Authority.
The outcomes, objectives and strategies as detailed in the
StrategicPlan2012–2017,areoutlinedbelow:
3.1. VISION
A South Africa in which the rights enshrined in the Constitution
are realised and upheld and responsibilities are complied with
to ensure equality, justice and quality of life for all.
3.2. MISSION
To be a leader in the provision of accessible, sustainable, ethical,
independent and quality legal services to the poor and vulnerable.
3.3. VALUES
i. Passion for Justice
ii. Ubuntu
iii. Integrity
iv. Accountability
v. Service Excellence
vi. People Centred Development
3.4. STRATEGIC OUTCOME ORIENTED GOALS
Theorganisation’soutcomesandobjectivesovertheperiod2012–2017:
Outcome 1:
Quality justice for all, focusing on the poor and vulnerable.
Objectives
i. Empowered clients and communities making informed
choices about their legal rights and responsibilities
ii. All poor and vulnerable persons able to access
quality public-funded legal services to protect and
defend their rights
iii. Anaccessible,effectiveandeficientjusticesystemserving all in South Africa
iv. Effective sustained stakeholder partnerships
able to jointly increase access to justice as well
as to support other external developing legal aid
organisations
v. Delivering on our constitutional and statutory
shareholder mandate in an independent,
accountable and sustainable manner
Outcome 2:
Respected, high performance, sustainable, accessible public
entity impacting positively on society, the economy and the
environment.
Objectives
vi. Financialandnon-inancialsustainabilityimpactingpositively on society, the economy and the
environment
vii. Good governance practices enabling high
performance and accountability
viii. A recognised, respected, independent and
acclaimed legal aid brand
ix. Delivery and business processes that are client
focused,eficient,effectiveandsustainablex. Aneffectiveandeficient,economicand
environmentally responsive supply chain
management system supporting client services
delivery and internal business processes
xi. Management information that is accurate, reliable
and timeous
xii. An expanded and capacitated/resourced national
footprint reaching the poor and vulnerable persons
requiring legal assistance
xiii. Committed, competent and dedicated employees
empoweredtodelivertheorganisation’smandateand strategies
xiv. Alearningandlexibleorganisationgrowingitsownknowledge base to optimise performance
xv. An organisation based on a people-centred culture
xvi. An Employee Value Proposition (EVP) able to
recruit and retain the best talent to deliver the
organisation’smandate/strategiesxvii. A values-based and ethical leadership inspiring
and harnessing the contribution of employees for
sustainableperformancegearedtoserveclients’needs
xviii. A modern, integrated, secure and effective IT
platform facilitating client services and linkages and
enabling internal business needs
The following 26 strategies were implemented to achieve the
outcomesandobjectives:1) Delivering client-focused legal aid, including to
vulnerable groups, in criminal matters within budget
constraints
2) Delivering client-focused legal aid, including to
vulnerable groups, in civil matters within budget
constraints
3) Delivering client-focused primary legal advice
services
4) Delivering client-focused impactful legal aid services
GENERAL INFORMATION
8 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5) Developing new and alternative methods of
increasing access to justice
6) Contributing to the effective functioning of the justice
and legal sector
7) Implementing community education/outreach
programmes
8) Forging stakeholder partnerships to jointly increase
access to justice
9) Accounting to the Department of Justice (DoJ) and
Constitutional Development and Parliament on
delivery of mandate, governance and sustainability
10) Maintaininginancialsustainability11) Increasingsustainable(non-inancial)performance12) Maintaining and enhancing good governance
13) Strengthening and growing a sustainable recognised
brand
14) Maintaining a mixed-model legal aid delivery system
15) Building organisational models/structures to optimise
performance and delivery of legal/support services
16) Maintaining a regulatory framework incorporating
best practices
17) MaintainingstronginancialmanagementandSupply Chain Management (SCM)
18) Developing and enhancing accurate and reliable
Management Information Systems (MIS)
19) Maintaining the national footprint
20) Developing and expanding the legal quality and
expertise for each segment of the national footprint
21) Developing talent and improving competencies to
serve business needs and integrating competencies
into related programmes
22) Leveraging institutional knowledge to remain smart
and effective
23) Strengthening and stimulating the development of a
people-centred, values-based culture
24) Developing and implementing an Employee Value
Proposition (EVP) able to recruit and retain the best
talentandcultureit25) Developing values-based and authentic leadership
to ensure sustained high performance in order to
deliver on our mandate
26) Building an integrated, stable and reliable IT
platformservingclients’needsandinternalbusinessneeds within budget constraints
Progress made towards the achievement of the Objectives,
Strategies and Programmes is reported on in Section 4.
4. Legislative and Other
Mandates
Legal Aid South Africa derives its mandate from the Constitution
of the Republic of South Africa (Act 108 of 1996), the Legal Aid
Act (Act 22 of 1969), which on 1 March 2015 was replaced by
the Legal Aid South Africa, Act 39 of 2014, and other legislation.
4.1. CONSTITUTIONAL MANDATE
4.1.1. The Constitution of RSA (Act 108 of 1996)
Section 35(2) “Everyone who is detained, including every
sentenced prisoner, has the right –
(a) …
(c) to have a legal practitioner assigned to the detained
person by the state and at state expense, if substantial
injustice would otherwise result, and to be informed
of this right promptly; …”
Section 35(3) “Every accused person has a right to a fair trial,
which includes the right –
(a) …
(g) to have a legal practitioner assigned to the accused
person by the state and at state expense, if substantial
injustice would otherwise result, and to be informed
of this right promptly; …”
Section 28(1) “Every child has the right –
(a) …
(h) to have a legal practitioner assigned to the child by
the state, and at state expense, in civil proceedings
affecting the child, if substantial injustice would
otherwise result; …”
Section 34 “Everyone has the right to have any dispute that
can be resolved by the application of law decided in a fair
public hearing before a court or, where appropriate, another
independent and impartial tribunal or forum.”
4.2. LEGISLATIVE MANDATE
4.2.1. Legal Aid Act 22 of 1969 as Replaced by
Legal Aid South Africa Act 39 of 2014
(Assented to on 9 December 2014; Date of Commencement
1 March 2015)
The mandate and object of Legal Aid South Africa was
described in the Legal Aid Act of 1969, which remained in
forceuntilitwasreplacedon1March2015,withthefollowing:
“To provide legal aid for indigent persons and for that purpose
to establish a Legal Aid Board and to deine its functions; and to provide for incidental matters.”
(a) to obtain the services of legal practitioners
(b) to purchase or otherwise acquire or to hold or
alienate any movable property or, with the approval
of the Minister acting in consultation with the Minister
of Finance, any immovable property
(c) to hire or let any movable or immovable property
(d) to ix conditions subject to which legal aid is to be rendered, including conditions in accordance with
which any rights in respect of costs recovered or
recoverable in any legal proceedings or any dispute
in respect of which the aid is rendered, shall be ceded
GENERAL INFORMATION
9LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
to the board, and conditions relating to the payment
of contributions to the board by persons to whom
legal aid is rendered [Para. (d) substituted by section
1 of Act No. 47 of 1989.] (dA) to provide, subject to
section 3A(3), legal representation at State expense
as contemplated in section 25(1)(c) and (3)(e),
read with section 33(2), of the Constitution, where
substantial injustice would otherwise result [Para.
(dA) inserted by section 1(b) of Act 20 of 1996 with
effect from 1 May 2002]
(e) to do all such things and perform all such functions as
may be necessary for or incidental to the attainment
of the objects of the board
As of 1 March 2014, this mandate and objects were
substituted by the Legal Aid South Africa Act 39 of 2014,
which more extensively described the mandate of Legal Aid
SouthAfricainthefollowingmanner:
“To ensure access to justice and the realisation of the right
of a person to have legal representation as envisaged in
the Constitution and to render or make legal aid and legal
advice available; for that purpose to establish an entity
called Legal Aid South Africa with a Board of Directors
and to deine its objects, powers, functions, duties andcomposition; to provide for the independence and impartiality
of Legal Aid South Africa; to provide for the appointment
of theBoardofDirectors andqualiication formembershipthereof; to provide for the appointment of a chairperson and
a deputy chairperson; to provide for the term of appointment
of a member of the Board of Directors; to provide for the
termination of membership of the Board of Directors; to
provide for meetings of the Board of Directors, quorum and
procedure; to provide for the establishment of committees
by the Board of Directors; to provide for the delegation of
powers and the assignment of duties or functions of the
Board of Directors; to provide for the appointment of a chief
executiveoficerandhisorherfunctions;toprovidefortheappointment of employees and the designation of certain
oficialsasagentsofLegalAidSouthAfricaandtheirtermsand conditions of employment; to provide for the protection
of client privilege in certain circumstances; to provide for
the recovery of costs by Legal Aid South Africa; to provide
for the inances of Legal Aid South Africa; to provide forthe provision of legal aid by direction of courts in criminal
matters; to provide for the making of regulations; to provide
for the compilation of a Legal Aid Manual; to provide for the
amendment or repeal of laws; to provide for transitional
arrangements; and to provide for matters incidental thereto.”
Section 3 of the Legal Aid South Africa Act 39 of 2014,
outlinestheobjectsofLegalAidSouthAfricaasthefollowing:(a) to render or make available legal aid and legal advice;
(b) to provide legal representation to persons at state
expense;
(c) to provide education and information concerning
legal rights and obligations as envisaged in the
Constitution and this Act.
4.2.2. Other Legislation Impacting on Delivery of
Legal Aid
The following laws also require the government to provide
legalassistancetotheindigent:(a) Criminal Procedure Act (Sections 73, 309, 309B,
309C, 309D and 316) – Legal Representation in
Trials and Appeals
(b) The Child Justice Act (Sections 82(1) and 83(2)) –
Legal Representation for Children in Child Justice
Court (No child may be refused legal representation)
(c) Children’sAct38of2005(Section55(1))(d) Refugees Act 140 of 1998 (Section 27(b))
(e) Labour Relations Act 66 of 1995 (Section 149)
(f) Mental Healthcare Act 17 of 2000 (Section 15)
(g) Restitution of Land Rights Act 22 of 1994 (Section 22)
(h) Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998 (Section 4(5))
(i) Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000 (Section 10(5))
(j) Protection of Personal Information Act, Act N0. 4
of 2013
Legal Aid South Africa is able to provide assistance in these
instances if budget permits. All other proposed legislation or
proposed amendments to legislation, so far as they impact
onLegalAidSouthAfrica’smandateand/orclientsrights,aremonitored and commented on as part of the legal research
agenda.This is to ensure that clients’ rights are protectedand the mandate of Legal Aid South Africa is not extended
without concomitant funding.
4.3. PUBLIC FINANCE MANAGEMENT ACT
(PFMA)
The Public Finance Management Act regulates inancialmanagement in all spheres and levels of government to
ensure that all revenue, expenditure, assets and liabilities
are managed eficiently, effectively and economically.Furthermore, the Public Finance Management Act provides
management with guidelines that must be complied with for
the realisation of good governance. Legal Aid South Africa is
a Schedule 3A Public Entity.
Legal Aid South Africa complies with the requirements of
the Public Finance Management Act, Act 1 of 1999 (PFMA)
and National Treasury Regulations, which provide guidelines
that must be upheld and implemented for the realisation of
good governance. Legal Aid South Africa has maintained
full compliance with the Public Finance Management Act,
Treasury Regulations in the year under review.
GENERAL INFORMATION
10 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5. Organisational Structure
GENERAL INFORMATION
Table 02: Organisational Structure
Accounting
Authority/Board
Chief Executive
OficerMs V Vedalankar
Chief Legal
Executive
Mr P Hundermark
Chief Operations
OficerMr J Makokoane
Internal Audit
Executive
Mr S Mamotheti
National Operations
Executive
Adv. B Nair
Manager Special
Projects
Ms L Timothy
Communications Executive
Mr M Phasha
Chief Financial OficerMs R Hlabatau
Corporate Services
Executive
Mr T Mtati
Human Resources
Executive
Ms A Clark
Information Systems
Executive
Mr A Mbatyoti
Board Secretary
Mr J Lethiba
Regional Operations
Executive – Eastern Cape
Mr H Bambiso
Regional Operations
Executive – Free State
and North West
Mr T Makamedi
Regional Operations
Executive – Gauteng
Adv. W Lambley
Regional Operations
Executive – KwaZulu-Natal
Mr V Mdaka
Regional Operations
Executive – Limpopo and
Mpumalanga
Ms M Kgabi
Regional Operations
Executive – Western and
Northern Cape
Ms C Robertson
11LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
GENERAL INFORMATION
5.1. COMPOSITION OF THE ExECUTIVE MANAGEMENT
Ms Vidhu Vedalankar
Chief Executive Oficer (CEO)BSc (University of Durban – Westville),
MTRP Masters in Town and Regional
Planning (University of Natal),
Executive Development Programme
(GIBS, University of Pretoria).
ChiefExecutiveOficerresponsibleforoverall strategic direction of Legal Aid
South Africa so as to realise the vision
andfulilthemission.
Mr Jerry Makokoane
Chief Operations Oficer (COO)BCom Economics (University of South
Africa), Diploma Data Processing
and Systems Analysis (University of
Zululand), MBA (Mancosa).
ChiefOperationsOficerresponsiblefor support operations within Legal Aid
South Africa.
Adv. Brian Nair
National Operations Executive
(NOE)
BPaed (University of Durban –
Westville), BEd (University of South
Africa), FDE Computer Studies
(University of Natal), Masters in
Business Leadership (University of
South Africa), LLB (University of South
Africa), Admitted Advocate, South
Gauteng High Court.
National Operations Executive,
responsible for ensuring the delivery of
cost-effective, high-quality legal services.
Ms Rebecca Hlabatau
Chief Financial Oficer (CFO)BCom, BCompt Honours, CTA
(University of South Africa),
MAP (Wits Business School),
Leadership Development Programme
(Wits Business School).
ChiefFinancialOficerresponsibleforstrategicallyguidinginancialmattersoftheLegal Aid South Africa in a manner that will
ensure its long-term viability as an upholder
of the rights of the people of South Africa to
effective high quality legal services.
Mr Patrick Hundermark
Chief Legal Executive (CLE)
BCom, LLB, (Nelson Mandela
Metropolitan University – Formerly
UniversityofPortElizabeth),CertiicateProgramme in Leadership Development
(CPLD) (Wits Business School),
Practising Attorney, Law Society of the
Nothern Provinces.
Chief Legal Executive responsible for civil
legal services delivery, the improvement of
quality and range of legal services offered
toLegalAidSouthAfrica’slegalaidapplicants, impact services, legal training
and pilot projects.
From left: Jerry Makokoane, Hope Bambiso, Rebecca Hlabatau, Mpho
Phasha, Cordelia Robertson, Tshotlego Makamedi, Joe Khosa, Lesleigh
Timothy, Sethopo Mamotheti, Patrick Hundermark, Joseph Lethiba, Brian
Nair, Mpho Kgabi, Thembile Mtati, Vidhu Vedalankar and Vela Mdaka.
Amanda Clark Andile MbatyotiAdv. Wilna Lambley
12 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Mr Sethopo Mamotheti
Internal Audit Executive (IAE)
BCompt (University of South Africa),
Post Graduate Diploma in Accounting
Science (University of South Africa),
HDipTax (University of North West-
Potchefstroom), MBA (Gibbs),
CIA (IIA).
Internal Audit Executive responsible
for the assessment and evaluation
of risk and controls within Legal Aid
South Africa, including compliance
with the Legal Aid Act, Public Finance
Management Act and Treasury
Regulations, and the applicable
governance and common law
stipulations.
Ms Amanda Clark
Human Resources Executive
(HRE)
NationalDiploma:HousingandDevelopment Management (Technikon
SA),BTech:BusinessManagement(Technikon Natal), MBA (University of
Wales),Certiicate:AdvancedDiplomainLabour Law (University of South Africa).
Human Resources Executive,
responsible for the Human Resources
department and ensuring that the
human resources processes and
systems support the delivery of the
Legal Aid South Africa strategy.
Mr Mpho Phasha
Communications Executive (CE)
NationalDiploma:PublicRelationsManagement (Tshwane University
of Technology), MAP (Wits Business
School).
Communications Executive, responsible
for creating awareness about Legal Aid
South Africa services and educating
the public regarding accessing such
services, as well as building strategic
relations with relevant stakeholders.
Mr Thembile Mtati
Corporate Services Executive
(CSE)
BProc (University of Fort Hare),
CertiicateProgrammeinLeadershipDevelopment (CPLD) (Wits Business
School), Practising Attorney, Law
Society of the Northern Provinces.
Corporate Services Executive,
responsible for corporate services
including corporate legal services.
Mr Joe Khosa
Information Services Executive
(ISE) (Acting)
BSc Computer Science (University
of Limpopo), Postgraduate Diploma
Computer Science (University of the
Witwatersrand).
Information Services Executive,
responsible for the Information
Technology infrastructure and the
provision of support to all users within
Legal Aid South Africa. Acted in the
period 1 April 2014 to 31 March 2015.
Mr Andile Mbatyoti
Information Services Executive
(ISE)
BCom Honours (University of the
Western Cape), Masters in Business
Leadership (University of South Africa).
Information Services Executive,
responsible for the Information
Technology infrastructure and the
provision of support to all users within
Legal Aid South Africa. Seconded full-
time as Project Manager to the eLAA
Project – April 2014 to March 2015.
The following Regional Operations
Executives are responsible for
ensuring the eficient, effective and economic delivery of legal services
as contemplated by the Constitution
within their areas of jurisdiction:
Mr Hope Bambiso
Regional Operations Executive
Eastern Cape
BProc, LLB (University of Fort Hare),
LLM (University of South Africa),
Practising Attorney, Cape Law Society.
Ms Mpho Kgabi
Regional Operations Executive
Limpopo/Mpumalanga
BProc (University of the North West),
Higher Diploma in Drafting and
Interpretation of Contracts (University
of Johannesburg), Practising Attorney,
Law Society of the Northern Provinces.
Adv. Wilna Lambley
Regional Operations Executive
Gauteng
LLB (University of South Africa),
Practising Advocate,
South Gauteng High Court.
Mr Vela Mdaka
Regional Operations Executive
KwaZulu-Natal
BProc, LLB (University of Zululand),
Practising Attorney, KZN Law Society.
Mr Peter Makamedi
Regional Operations Executive
Free State and North West
BProc (University of Limpopo),
Practising Attorney,
Free State Law Society.
Ms Cordelia Robertson
Regional Operations Executive
Western Cape and Northern Cape
BCom, BProc (University of South
Africa), LLM (UWC), Practising Attorney,
Cape Law Society.
GENERAL INFORMATION
13LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
6. Foreword by the Board
Chairperson
Ilookbackattheinancialyear2014–2015withgreatprideandgratiicationasIrelectonthemanyheartwarmingstoriesassociated with Legal Aid South Africa. Among the highlights
of thisperiodare: our role in the justice clusterunder thenew administration; the passage of the new Legal Aid South
Africa Act; the adoption of our Strategic Plan 2015–2020;
our role in regional and global forums as a leading provider
of legal services for the poor, and our consistent record of a
highlevelofprobityintheinancialandgovernancespheres.
The period covered by this report was full of activities of
national signiicance, aswell as those for LegalAidSouthAfrica and its Board. First was the National Elections held
on 7 May 2014 (to elect a new National Assembly and
new provincial legislatures). With the new administration
came momentous changes, such as that of the erstwhile
Department of Justice and Constitutional Development being
re-organised as the Department of Justice and Correctional
Services. The year also saw Legal Aid South Africa, in
conjunction with the Department of Justice and Correctional
Services (DoJ&CS), the International Legal Foundation, the
United Nations Development Programme and United Nations
OficeonDrugsandCrime,hostingasuccessfulInternationalConference on promoting the UN Principles and Guidelines
on Access to Legal Aid in Criminal Justice Systems. Legal Aid
South Africa reviewed its Strategic Plan to align with the term
of government. The Strategic Plan 2015–2020 was approved
by both Board and the Minister of Justice and Correctional
Services. The long-awaited Legal Aid South Africa Act (39 of
2014)wasgazettedinDecember2014.Ielaborateontheseissues in the paragraphs that follow.
Let me begin with the Strategic Plan. It is the Board’sresponsibility to provide the strategic direction of the
business, as well approve its strategic plan. The Legal Aid
South Africa Strategic Plan 2015–2020 was developed
and approved in the year under review to coincide
with the term of office of the current administration of
government. This five-year strategic plan for 2015–2020
takes into account the external and internal environmental
influences, and identifies the strategic shifts we require
to enable us to execute our mandate in the next five-year
period.
It was approved by the Board in November 2014 after an
extensive consultation process involving management
committees and our staff, as well as external provincial
and national stakeholders, through a series of workshops
nationally.
As Chairperson, I was particularly gratified by the
enthusiasm and commitment displayed by the Board,
management, staff and all external stakeholders in this
important endeavour. I would like to extend my gratitude
to them all for having put all hands on deck to achieve
this mammoth task. I also thank our stakeholders for the
robust, yet constructive discussions we engaged in to
help us develop an inclusive strategic plan for Legal Aid
South Africa.
The Legal Aid South Africa Act (39 of 2014) was
gazetted in December 2014. It replaced the old LegalAid Act, 1969 (Act 22 of 1969). The new Act ushers in a
new era in the governance of Legal Aid South Africa. A
Transitional Board, comprising members of the previous
Board, will be operational for the 12-month period from
1 March 2015 to 29 February 2016, after which a new
Board will be constituted in terms of the new legislation.
The main function of the Transitional Board, in addition
to its ongoing fiduciary obligations, is to facilitate the
appointment of a new Board once the transitional period
has ended. All members of the Board of Legal Aid South
Africa, who were full members at the end of March 2014,
were automatically appointed to the Transitional Board.
“ I look back at the financial
year 2014–2015 with great
pride and gratification
as I reflect on the many
heartwarming stories
associated with Legal Aid
South Africa.”
14 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Legal Aid South Africa continued to make a meaningful
contribution and impact at international forums on access
to legal aid. Seven delegations (from Ethiopia, Sri Lanka,
Myanmar, Nigeria, Kenya, Tanzania and Uganda) werehosted by the organisation in the year under review. This
is an indication that our business model and experience as
an organisation are highly sought after both regionally and
internationally. In this context, the major calendar event
was the International Conference on Access to Legal Aid
in Criminal Justice Systems.
As the host country and organisation, we together with
various government departments, staged this international
gathering in Johannesburg from 24–26 June 2014.
The conference brought together over 250 participants
from 67 countries to discuss effective strategies to improve
access to justice in criminal justice systems, consistent with
the United Nations Principles and Guidelines on Access
to Legal Aid in Criminal Justice Systems (UN Principles
and Guidelines) (A/RES/67/187). These guidelines and
principles were unanimously adopted by the 67th session
of the United Nations General Assembly on December 20,
2012.
Attheendofthreedays’deliberationsattheJohannesburgConference, a declaration, namely the Johannesburg
Declaration on the Implementation of the United Nations
Principles and Guidelines on Access to Legal Aid in
Criminal Justice Systems, was adopted. The Johannesburg
Declaration reiterates the commitment to ensure that poor,
vulnerable and marginalised individuals have access to
effectivelegalrepresentationforafairtrial inaneficientcriminal justice system based on the rule of law.
Legal Aid South Africa also attended the second World
Forum on Human Rights (WFHR), which was organised
by the National Council of Human Rights for Morocco
in partnership with the Brazilian and ArgentinianGovernments, along with the Ofice of the UN HighCommissioner for Human Rights. The Forum took place
in Marrakesh, Morocco from 27–30 November, 2014. We
were represented by Mr Patrick Hundermark, our Chief
Legal Executive. The Forum was aimed at contributing
to the emergence of a universal platform for dialogue
among governments, national human rights institutions
and civil society organisations, which are all working to
meetpeople’saspirationstorespect,dignity,equalityandjustice.
I also attended a number of international conferences
and forums, where Legal Aid South Africa was invited
to give expert advice and input on matters relating to
access to justice. The learnings from these conferences
were insightful and valuable and conirmed that theadvancement and provision of legal aid is an essential
elementofaneficientcriminal justicesystemandthat itis a foundation for the enjoyment of other rights, including
the right to a fair trial.
The Board of Legal Aid South Africa, being its highest
governance body, bears an oversight function for issues
pertaining to sustainability and the implementation of its
Sustainability Strategy, which was approved by the Board
at its meeting of November 2014. The nature of Legal Aid
South Africa’s work requires that the central pillar in itssustainability strategy is the social one. We are assured as
aBoardandareconidentthatotherpillarsofsustainability,namely the environmental sustainability and the economic
sustainability, will be prioritised as well.
Legal Aid South Africa recognises that external stakeholders
are a crucial component of our environment. Our engagement
with stakeholders continues to grow and yield fruitful results.
We collaborated with stakeholders in the justice cluster
and with civil society organisations to not only provide legal
services, but to also raise awareness of constitutional rights
through various methods and programmes, resulting in
increased ability of the poor and vulnerable to access justice.
In our various engagements with our stakeholders for the
Strategic Plan 2015–2020, we received comments and
suggestions on how to improve our work. Our Stakeholder
Report outlines the concerns raised by stakeholders and
how we have responded to these issues. I can say with
some pride that we now report on sustainability in a separate
section of this Annual Report.
Under the capable leadership of its Board of Directors, Legal
Aid South Africa practises good governance in all spheres
of the organisation. Strong inancial management andgovernance has enabled the organisation to deliver quality
legal services in an economic and effective manner. There is
a high level of compliance with Supply Chain Management
(SCM) policies, and effective measures to prevent fraud and
promote ethics have been maintained year-on-year. The
periodunderreviewwasnoexceptionandweareconidentthat Legal Aid South Africa will continue to maintain sound
inancialmanagementpractices.StabilityatBoard level isan important feature of good governance. We had one new
member, Mr Nkosana Mvundlela, who was appointed on
31 October 2013. Judge Edwin Molahlehi resigned on
31 May 2014 due to increased work commitments.
I take the opportunity to thank all my colleagues on the
Board for the advice, support, commitment and passion they
exude, and the time they have given to the organisation and
to the Board to help make this a success story.
Parliamentary Portfolio Committee Brieings were held inQuarter 2 of 2014–2015 focusing on the previous Legal Aid
South Africa Strategic Plan 2012–2017 Review for 2014–
2015; the Annual Performance Plan 2014–2015, and the
GENERAL INFORMATION
15LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Budget in 2014–2015, as well as in Quarter 3 for the Annual
Report 2013–2014. The members of the Portfolio Committee
were complimentary of the performance of our organisation,
and its service to the country.
Legal Aid South Africa was not spared the pain that was
the Marikana tragedy. We grieved with the nation for this
senseless loss of life, and the harsh conditions under which
our working people have to labour. Our decisions on the issue
of funding various groups represented at the Commission of
Enquiry were not taken lightly.
At the time of writing this report, the Constitutional Court
had not pronounced on our funding parameters relating
to Commissions of Enquiry and other such investigations
which, in their nature, have no relevance to our mandate of
providing access to justice to persons without means who
are in conlict with the law or wish to pursue civil claimsin our courts. In line with our Constitutional mandate,
we have an obligation to utilise our limited resources to
serve the large mass of indigent members of our society.
Daily, our practitioners traverse every remote corner of South
Africa executing this mandate. Escalating demands on our
resources for matters outside our statutory remit, without the
concomitant increases in our budgetary allocation, threaten
our sustainability and viability as an effective legal aid system.
As with all public entities, budget constraints continue to
affect the operations of Legal Aid South Africa. As a result of
a Cabinet resolution, National Treasury implemented budget
reductions for entities with high cash balances. Legal Aid
SouthAfrica’sgrantallocationwasreducedbyR61,8millioninthe2015–2016andR92,7millioninthe2016–2017iscalyears.
As these cuts are to be funded from our cash reserves, they
will not negatively impact on our service delivery, and we
believe the impact will be mitigated by prudent management
ofourcashlowduringtheyear.LegalAidSouthAfricaalsowelcomed the appointment of Advocate Michael Masutha
was as the new Minister of Justice and Correctional
Services. Minister Masutha has immediately lent support to
our work in the provision of legal aid services to the poor
and vulnerable members of our society. We have had fruitful
discussions with him and Deputy Minister Mr John Jeffery.
I acknowledge his continued support and we look forward to
working with him.
Legal Aid South Africa is a high-performing organisation,
consistently achieving exceptional results each year. 2014–
2015 was no exception. My work as the Chairperson, and
indeed the work of the Board, is made much easier by the
hard work and rigour of all, in every facet of this organisation.
I must record my heartfelt thanks to our Chief Executive
Oficer, Ms Vidhu Vedalankar, and her outstandingmanagement team, whose leadership of the organisation
continues to be impeccable.
I also salute the foot soldiers of our organisation, at
nationalofice,regionaloficesandateveryoneofour128Justice Centres and Satellite Ofices. Their sterling workis acknowledged from the corridors of parliament to the
localities that our services reach.
As we enter this transitional year in the evolution of the Board
ofLegalAidSouthAfrica,Icansaywithconidencethatthefoundation that has been laid for the new Board is a solid
one, enabling this organisation to reach greater heights in the
pursuit of access of justice for all.
Judge President Dunstan Mlambo
Chairperson:BoardofLegalAidSouthAfrica
GENERAL INFORMATION
16 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
7. Chief Executive Oficer’s Overview
Legal Aid South Africa has sustained its strong performance
with another successful year, characterised by good
performance across all areas of our work. Our core purpose
istofulilourconstitutionalmandate,andinsodoingensurea meaningful impact on the lives of poor and vulnerable
persons,andultimatelyonsociety.Iamsatisiedthatwehaveusedourresourceseficientlyandeffectivelytoachievethis.
During the 2014–2015 year we provided criminal and civil
legal aid, and legal advice services, to a total of 769,436
poor and vulnerable persons. Our mixed-delivery system
modelwasimplementedeffectivelyduringthisinancialyear.We served all criminal courts in the country, ensuring that
persons who are unable to afford legal representation do
not go through the criminal justice system unrepresented.
Legal assistance was also provided to clients in civil matters
to protect and defend their rights. Legal advice was also
provided through our national Justice Centre and Satellite
Oficenetwork,aswellasourtoll-freeLegalAidAdviceLine.Our commitment to ensuring delivery of quality legal services
continued through a process of ongoing training and quality
assessments.
In the past year our founding legislation, the Legal Aid Act,
1969 (Act 22 of 1969) was replaced by the Legal Aid South
Africa Act 39 of 2014, which came into effect on 1 March
2015. Transitional arrangements were implemented with
effect from 1 March 2015 to ensure the continuance of
effectiveandeficientgovernancestructuresandoperations.A new Board will replace the transitional Board (at the end of
the transitional period) on 1 March 2016.
The2014LegalAidGuide,whichwasratiiedbyParliamentandimplementedinthepreviousinancialyear,wasamendedand will remain valid for a period of two years, from 1 March
2015; while the Regulations and Manual, as prescribed by
the new Legal Aid South Africa Act, are being prepared in
conjunction with the Department of Justice and Constitutional
Development.
In the year under review we continued to work within a
framework of rigorous inancial management and goodgovernance, resulting in our fourteenth unqualiied auditfrom the Auditor-General. 98,1% of our R1,638 billion budget
for the past year was spent. In building our organisational
maturity level and sustainability, we have strengthened our
enterprise risk management processes and focused on
building a risk intelligent culture within the organisation.
Our people-centred programmes continued to build the
capacity of our most important resource – our staff. We
recorded recruitment levels of 94% and a turnover rate of
6%. Legal Aid South Africa has gained recognition for the
quality of its Human Resource policies by becoming part
of a renowned community of Top Employers for the sixth
consecutive year. The organisation was also voted as the
most preferred employer by law students in the 2014–2015
Universum Student Survey, conducted at 25 universities
across South Africa.
We implemented the third year of our 2012–2017 Strategic
Plan, which in effect was the last year, as we developed a new
Strategic Plan (2015–2020) to align to the term of government.
Looking back over the three years of implementation, I am
pleased to report that we have made great strides towards
achieving our strategic shift of “Sustainable high performance
and excellence in all segments of the organisation over the
next decade, positively touching the lives of many more
South Africans thus ensuring JUSTICE FOR ALL.”
The Legal Aid South Africa Strategic Plan 2015–2020 was
approved by the Board and the Executive Authority, and tabled
inParliament inMarch2015.Ourfocusfor thenextive-yearperiodwillbeasfollows:
“ Legal Aid South Africa
has sustained its strong
performance with another
successful year, characterised
by good performance across
all areas of our work.”
17LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
i. Existing and expanded points of access for clients
further developed, within available funding.
ii. Priority to civil legal aid assistance in constitutional
rights-related matters.
iii. Quality management of legal aid services, responsive
to client and stakeholder feedback on quality.
iv. Contributing to BUILDING SAFER COMMUNITIES by
implementing the adopted protocols from the Criminal
Justice System (CJS) Review and the Civil Justice
System Review.
v. Proactively making the justice system function more
effectivelyandeficiently.
Whilst we are not bound by regulatory requirements, or
compliance pertaining to sustainability, it is important from a
good business and governance perspective for us to engage
with sustainability. Our strategic planning process highlighted
important issues that will shape the future of our organisation.
Sustainability was one of the issues that was emphasised during
the development of the Legal Aid South Africa Strategic Plan
2015–-2020. Informed by the latter, a sustainability strategy
was developed. The process of developing our Sustainability
Strategy 2015–2020 provided us with an opportunity to refocus
our approach to sustainability to achieve more deined andfocused social, economic and, to a lesser extent, environmental
goals.
Our legal services delivery was done through our national
footprint of 64JusticeCentres (JCs)and64SatelliteOfices(SOs).Whilenonewoficeswereopenedduringtheinancialyear, some ofices were relocated or expanded to improveaccess and service delivery to clients. Our services were
provided through a total of 2,619 employees, of which 2,071
(79%) was legal staff, including paralegals. In addition we
utilised the services of over 600 Judicare practitioners, nine co-
operationpartnersandiveagencyagreementswithprivatelawirms.Legalservicesweredeliveredthroughourmixed-modelsystem of delivery, with 94% of new legal matters handled by
our JCs, 5% by Judicare practitioners, 1% by co-operation
partners,andagencyagreementswithprivatelawirms.LegalAid South Africa handled 448,195 new legal aid matters during
this past year. These included 394,172 (88%) criminal legal
matters and 54,023 (12%) civil legal matters. We also provided
advice in 321,241 matters. This represents a 0,2% increase in
legal matters, which is a marginal increase in new legal matters
anda2,4%decreaseinadvicematters.Weinalised444,630legal matters, of which 56,286 were civil matters.
New criminal legal aid matters of 394,172 increased by 1%
when compared to theprevious inancial year.This increasealigns to the demand for legal services from criminal courts.
In covering all criminal courts, the District Court coverage was
87%, Regional Court coverage was 96%, and in the High Court
coverage included all matters requiring legal aid. Legal Aid
South Africa is the legal representative of record in the majority
of criminal appeal matters heard in the Supreme Court of Appeal
(SCA). We also dealt with a high number of full bench appeals
in the various divisions of the High Court. During the year under
review, Legal Aid South Africa dealt with a total of 30 criminal
appeals in the SCA. We achieved successful outcomes for our
clients in 23 (77%) of these appeals, which was higher than the
50% success achieved by private legal representatives in the
24 appeals they dealt with in the SCA.
Legal Aid South Africa assisted children in 16,483 matters.
11,651 (71%)of thesewere children in conlictwith law.Weprovided legal aid to children in 3,336 new preliminary inquiry
matters. We have a system in place to track children awaiting
trial in custody so that these matters are prioritised, and this
enabledustoassist605childreninnewmatters,inalised506matters and, as at the end of March 2015, we were assisting
103 children in custody awaiting trial. The number of children
in conlict with the law assisted by Legal Aid South Africadecreased by 0,3%, which would be due to the successful
diversion of children in terms of the Child Justice Act.
In enhancing the effectiveness of the justice system, we
participate in all structures within the Criminal Justice System
(CJS) established at local, provincial and national level. This
includes theProvincial andNationalEficiencyEnhancementCommitteesestablishedbytheOficeoftheChiefJustice.Wecontinued to monitor all Remand Detainees (RDs) who are in
custody in excess of two years. Through discussions with other
stakeholders in the Criminal Justice System, it became apparent
that the tracking system utilised by Legal Aid South Africa was
very advanced and was capable of providing information that
could be utilised by other court stakeholders to address the
situation of long serving RDs. We have since been requested
to play the lead role in the tracking and monitoring RDs in
the cluster by providing reports that assist with identifying the
cause of delays in each individual matter so that the relevant
stakeholders can address these delays at local level.
In the year under review, our JCs continued to render
outstanding service to our clients in both criminal and civil
matters. They dealt with a wide variety of cases, some of which
arose from very unique facts or circumstances. A number of
these cases attracted the attention of the media. Some of these
cases raised interesting questions of law or had the potential
to create legal precedent. Yet some cases stand out, because
of the sheer determination of our practitioners to give their all
in pursuit of the best possible outcome for their clients. In the
criminal cases that we deal with, children often feature on either
sideofthelaw.Wherechildrenarethemselvesinconlictwiththelaw,ourpractitionershavebecomeproicientatapplyingtheChild Justice Act, and all effort is made to divert the child away
from the Criminal Justice System.
Our Durban JC represented a 16-year-old girl, “SN”, who
was charged with the possession of a substantial quantity of
marijuana. Through careful enquiry, our practitioner was able
to establish that the child had run away from home and was
GENERAL INFORMATION
18 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
living on the streets. She was being used to sell drugs by some
foreign nationals who rewarded her with drugs; as a result she
had become addicted to drugs. She had been arrested on a
previous occasion and placed in a Place of Safety, but had
escaped. The child alleged that she had no parents or guardian.
In the absence of a guardian, she could not be diverted. The
practitioner approached social workers at a Place of Safety with
a request to prepare a report on the accused. Based on their
report, the practitioner was able to successfully apply to have
the child declared as a Child in Need of Care in terms of section
50 of the Child Justice Act as a result of which the prosecution
against her did not proceed.
In 2014–2015 we provided legal services in 54,023 new civil
matters, which was 12% of new legal matters. This amounted to
a 5,5% decrease in civil matters, which can be attributed to the
number of matters being taken on, being better aligned to the
capacity of our civil practitioners, as well as a marginal increase
in staff capacity during this period. Children were assisted in
4,831 new civil matters, representing 29% of the children’smatters with which we dealt.
Legal advice was provided through 321,241 consultations,
the majority of which were walk-in clients at our JCs and SOs.
Our Legal Advice Line call centre provided advice to 42,866
of these matters. The decrease in advice matters links to the
demand for advice, as well as the capacity to advertise the
services of the Legal Aid Advice Line. Paralegals were involved
in consulting with clients at community facilities in rural and peri-
urban areas. The provision of civil advice ensured that clients
and communities were able to understand their rights and
obligations, and were assisted to resolve their issues or referred
to institutions that could assist them.
In the matter of Westbrook Residential Development v Sipho
Xaxaka and others we received instructions to oppose the
eviction of 54 families who had resided in an area known
asParson’sVlei forclose toacentury.Our legalpractitionerrequested the municipality provide an impact report regarding
the impact on households headed by women, children, the
elderly, those suffering with HIV/AIDS, and those with disabilities.
We also asked for proposed areas of relocation. Relocation to
an area known as Chatty, situated some 30 kilometres away,
was proposed but this was not acceptable to our clients. At
the hearing, the court found against our clients, but the area
of Chatty became unavailable, leaving room for us to negotiate
further on behalf of our clients. Eventually, the municipality
offered to relocate the families to Malabar, an area that is closer
toParson’sVlei.Ourclientsacceptedthisofferbutwerealsoable to negotiate a temporary home with water and electricity
foreachfamily,ablutionfacilities,asecurityfence,loodlights,as well as compensation for the added costs of transportation.
During February 2015, the families moved into their new homes
valuedatR90,000each.Theseunitsaresafeandireresistant.For most of the families, this represents an improvement on the
conditionstheyenjoyedwhentheylivedinParson’sVlei.
In the matter of NC Mafele & Another v The Minister of Police &
others our client, who is mentally ill, was arrested for murder on 8
December 2009. The client was never brought before court and
on 10 December 2009 the matter was struck off the roll in his
absence. The client was however never released and remained
in police custody until August 2011 when his family approached
Legal Aid South Africa. The client was released immediately.
An action for damages was brought on behalf of the client and
the Minister of Police conceded merits in our favour and offered
R500,000 as a settlement, which was accepted by the client.
Of the 47 matters that were assessed for impact funding, 18
new impact matters were approved in 2014–2015. Eight of
thenineinalisedmattersweresuccessfullyconcluded in theinancialyear,resultinginasuccessrateof89%.Thenatureofthe impact matters ensures that despite the low volumes, the
outcomesimpactmorebroadlythanonjustthespeciicclientsassisted.Thesemattersensurethatclients’constitutionalrightsare enforced or protected and legal precedents impacting
widelyonourclients’rightshavebeenachieved.
One such matter is Lorraine Sophie Botha and Another v Henry
Robins Rich NO and others CCT 89/13. In this matter, Sophie
Botha managed to survive by operating a laundromat that
generated an income of approximately R5,000 a month. On
19 November 2003 Sophie Botha entered into a contract with
the JJW Hendricks Trust, in respect of the sale of immoveable
property for the sum of R240,000. In terms of the contract
Sophie Botha had to pay the monthly sum of R4,000 in respect
of the purchase price. On 17 March 2009 the Trust brought an
application against Sophie Botha to cancel the contract and
evict her from the property from which she ran her small-scale
business. The Trust alleged that Ms Botha was in arrears in
the amount of R40,000, and thus the contract was breached
prompting cancellation. The High Court handed down judgment
in favour of the Trust. The SCA was petitioned and leave to
appeal was granted to the full bench. The full bench in turn
dismissed the application. The matter was thus taken on appeal
to the Constitutional Court, because the client had paid almost
three quarters of the purchase price and the Trust cancelled the
contract because of arrears relating to one missed payment,
which occurred in December of the previous year. At the time of
the breach, Sophie Botha was not placed in arrears by the Trust.
Instead, the breach in payment was only relied upon by the Trust
when the full purchase price was almost paid and Sophie Botha
asked for transfer of the property into her name as provided for
in the contract. It was argued on behalf of Sophie Botha that the
Trust could not rely on the breach, demand cancellation of the
contract and then retain the property as well as the monies paid
in by Sophie Botha.
The Constitutional Court held that Sophie Botha was entitled to
transferoftheproperty,astheremedyofspeciicperformanceis not excluded by section 27 of the Alienation of Land Act, (the
Act) and furthermore that it would be unfair to deprive Sophie
Botha of the transfer as she had already paid a large portion of
GENERAL INFORMATION
19LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
the purchase price of the property. The Court, however, went
further to state that in order to ensure fairness, Sophie Botha
would have to pay the outstanding arrears. This matter thus
assisted in testing the provisions of the Alienation of Land Act 68
of 1981 against the values of the constitution, and furthermore
ensured that Sophie was able to continue earning a living and
not be unfairly deprived of ownership of a property.
In a separate issue, we were pleased with the judgment handed
down by the Western Cape High Court in the matter of De Vos
NO and Others v the Minister of Justice and Constitutional
Development in which we mounted a challenge to the
constitutionality of sections 77(6)(a)(i) and (ii) of the Criminal
Procedure Act 51 of 1977. Advocate Anna-Marie de Vos was
appointed as curatrix-ad-litem to a mentally challenged 14-year-
old boy who fatally stabbed a 14-year-old girl, resulting in him
being arrested and charged with murder in the Oudtshoorn
Magistrate’sCourt.Theaccusedwasassessedbythreedoctors,who were in agreement that he was mentally disabled. It was
further agreed that the accused was not able tounderstand court
proceedings nor appreciate the wrongfulness of his conduct.
Prior to the matter being heard in the Western Cape High
Court, with the Minister of Health cited as a respondent, the
Stellenbosch Justice Centre applied for the matter of Pieter
Snyders to be heard together with that of De Vos NO. The
second matter was in relation to an application brought forward
by the Stellenbosch Justice Centre on behalf of a 35-year-old
Down syndrome male who was detained at a mental institution
on charges of rape. Although no evidence was given linking
the accused to the crime, he still had to be detained as a state
patient or as an involuntary patient due to his mental disability.
It was argued that sections 77(6)(a)(i) and (ii) of the Criminal
Procedure Act are inconsistent with the rights enshrined in
the Bill of Rights, namely the right to equality before the law,
includingtherighttoequalbeneitofthelaw;therighttoequality;the right to human dignity, and the right to freedom and security
of the person – including the right not to be detained without
trial. The High Court ruled that sections 77(1)(a)(i) and (ii) of
the Criminal Procedure Act 51 of 1977 are unconstitutional as
apresidingoficerinthesecircumstanceshasnodiscretiontodecide where to place a person found incompetent to stand trial
other than at a mental health care facility, and furthermore gave
Parliament a time frame in which to address issues of legislation
that deal with the fate of mentally disabled persons who have
been accused of crimes. The judgment has been referred to the
ConstitutionalCourtforconirmationoftheorderofinvalidity.
The cases cited above illustrate Legal Aid South Africa’ssteadfast commitment to ensuring the realisation of the rights
enshrined in the Bill of Rights and that the voices of the most
vulnerable members of our society are heard by our courts.
Maintaining a high quality of legal services remains a priority
and as such we have in place a number of interventions aimed
at ensuring that practitioners render services in compliance with
our quality requirements. Reviews by our independent Legal
QualityAssuranceUnithaveconirmedthatourpractitionersare rendering legal services in compliance with our quality
requirements. This is evidenced by the reduction in the
number of practitioners failing to achieve our quality targets.
This indicates the success of our programmes aimed at
maintainingand improvingquality.During this past inancialyear we also introduced a system of monitoring the quality of
legal services rendered by Judicare practitioners.
The provision of quality legal services is also linked to
training programmes. Legal staff attended training at the
Justice Centres as well as training arranged by our Legal
Development Department. We continued building up our
consolidated knowledge management repository, which gives
practitioners access to a substantial amount of resources,
including e-learning modules, electronic legal libraries
and legal research papers. An internal blog with case law
discussions and legal newsletters facilitates engagement and
promotes ongoing learning. All categories of legal practitioners
achieved their quality targets, which is an indication that our
quality monitoring and intervention programmes have the
desired effect.
Theyearunderreviewwascharacterisedbysoundinancialplanning and expenditure management. Payments to Judicare
practitioners and other creditors met the required targets. We
pay serious attention to governance, hence compliance with
laws and regulations is tracked and reported on to the Board.
Our Internal Audit Department conducted quarterly audits
on compliance with the PFMA and Treasury Regulations.
Following the external audit of Legal Aid South Africa, the
Auditor-Generalexpressedacleanunqualiiedauditopinionfor the inancial year 2014–2015. The Bid AdjudicationCommitteefunctionedeffectivelyandLegalAidSouthAfrica’sSupply Chain Management policy and procedures have been
developed to ensure that inancial activities are conductedin line with the PFMA, National Treasury Regulations, the
Preferential Procurement Policy Framework Act and Broad
Based Black Empowerment Act. We ensured that all policies
and standard operating procedures were reviewed and
updated as necessary in order for these to remain relevant
and keep up with best practice and legislative amendments.
Our Internal Audit Department continued to provide assurance
to management and the Board, and completed their Internal
Audit Coverage Plan over and above the required number of
audits targeted (9% more than the target).
People Development Programmes were successfully
implemented and the success of our reviewed Employment
Value Proposition (EVP) can be seen through our high
recruitment rates and low turnover rates, as well as
the recognition we have received from external human
resources rating bodies. The year under review was the
third year of our Leadership Development Programme.
GENERAL INFORMATION
20 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The programme continued through thought-provoking
leadership conversations focused on competencies, aimed
at leveraging learning amongst our leaders.
During the year under review the IT VPN upgrade roll out,
in line with business growth requirements, was completed
and a new IT helpdesk system as well as an HR portal were
developed. Although our Ad Ininitum legal administrationsystem has been stabilised, it has to be closely monitored
while the process of developing a new IT system, which will
enhance our IT capabilities, commenced.
As part of our efforts to promote our brand, market our services
and establish stakeholder partnerships, we collaborated with
numerous government and community structures and NGOs in
conducting community outreach initiatives, as well as participating
in key human rights events at local and national level. Public
education programmes targeting our clients raised awareness
around constitutional rights and our community outreach
programme exceeded the target. As a result of these initiatives,
our brand is recognised as part of the community safety net.
A blog was initiated as part of our internal communications
programme and has been successful in keeping our staff up
to date and engaged.
The Board and Board Committees held meetings as scheduled
andallmeetingswerequorate.TheBoardeffectivelyfulilledits strategic oversight role, providing guidance and decisions
on policy and strategy matters. The Board was involved in the
development of the new Strategic Plan 2015–2020 through
participation in Board workshops, as well as stakeholder
workshops held nationally and provincially.
Some of the challenges experienced during the year under
review include a lack of relief staff, which resulted in some
courts being unable to function in the absence of our
practitioners for any reason, which impacts on access to
justice for our clients. The number of Regional Court and High
Court matters pending beyond turnaround targets currently
exceeds our targets. There are various contributing factors
for this and these matters are tracked to ensure that they are
inalisedaspromptlyasispossible.Delaysinobtainingcourtrecords posed a challenge at some courts, resulting in the
number of backlog appeal matters being high.
Although there was a decrease in the number of new civil
matters taken on (when compared with last year), the demand
for civil legal aid services at many of our JCs exceeded our
internal capacity.
Although we commenced with our new IT legal aid
administration system, the project timelines for the
development of the new Electronic Legal Aid Administrative
System (eLAA) extended beyond the full roll out target
period of December 2014.
Looking forward, the constrained inancial situation willcontinue to place pressure on resources. National Treasury
informed us of reductions to the baseline allocation in the
2015–2016and2016–2017inancialyears.Budgetcutswillbe supplemented by cash reserves in the short term, it being
noted that the cash reserves are required to meet liabilities
andthatmanagingthecurrentassets:currentliabilitiesratiowill allow these to be utilised in the short term. These budget
cuts will therefore not impact negatively on any service
delivery. Additional posts for the court expansion programme
(an additional R18 million in 2015–2016) linked to the
appointment of new magistrates will allow Legal Aid South
Africa to provide a service at these new courts.
The organisation is geared to deliver on its Strategic
Plan 2015–2020 and has an approved Enterprise Risk
Management Plan in place tomitigate risks identiied andemerging. Legal Aid South Africa is committed to building a
sustainable organisation, with a capacity for continuance. The
organisation has also developed a Sustainability Strategy,
which positions it to ensure that sustainability is embedded
into the business practice and to promote sustainable growth
through economic, social and environmental value creation.
We see our mandate as the delivery of legal aid services to
individual clients being key to increasing access to justice
for the poor and vulnerable in a sustainable manner, thus
contributing to a more equitable society.
I express my appreciation to the Legal Aid South Africa
team – to all the employees of Legal Aid South Africa and
the management team for their individual and collective
contributions, which have ensured that we continue to deliver
at the high standards set and maintained over the past years.
I would also like to thank the Board of Legal Aid South Africa
for their ongoing commitment. We appreciate the knowledge
and experience that they make available to the management
team. A special word of gratitude is extended to Judge
President Mlambo, our Board Chairperson, for his support
andsteadfastleadershipduringthispastinancialyear.
As we celebrate our achievement of our continued high
performance, let us maintain our dedication and keep up
the good work as we continue to make the constitution
and human rights a living reality by impacting on the lives
of ordinary people in our country. Legal Aid South Africa
commits to continue striving towards the realisation of access
to justice for all.
Ms Vidhu Vedalankar
ChiefExecutiveOficer:LegalAidSouthAfrica
GENERAL INFORMATION
21LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTB:PERFORMANCE INFORMATION
22 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Statement of Responsibility for Performance Information for the
year ended 31 March 2015
TheChiefExecutiveOficer isresponsibleforthepreparationofLegalAidSouthAfrica’sperformanceinformationandforthejudgements made in this information.
TheChiefExecutiveOficer is responsible forestablishingand implementingasystemof internalcontroldesignedtoprovidereasonable assurance as to the integrity and reliability of performance information.
Inmyopinion, theperformance information fairly relects theactualachievementsagainstplannedobjectives, indicatorsandtargetsasperthestrategicandannualperformanceplanofthepublicentityfortheinancialyearended31March2015.
LegalAidSouthAfrica’sperformanceinformationfortheyearended31March2015hasbeenexaminedbytheexternalauditorsand their report is presented on page 105.
The performance information of Legal Aid South Africa set out on page 25 to page 54 was approved by the Board.
Ms Vidhu Vedalankar
ChiefExecutiveOficer:LegalAidSouthAfrica25 July 2015
2. Auditor’s Report: Predetermined ObjectivesThe role of the AGSA/auditor is acknowledged as critical to the sustainability of Legal Aid South Africa, as it provides independent
assurance that activities being carried out within Legal Aid South Africa are in accordance with the approved predetermined
objectives and mandate.
The audit conclusion on the performance against predetermined objectives is included in the report to management, with material
indingsbeingreportedunderthePredetermined Objectives in the Report on Other Legal and Regulatory Requirements.
Please refer to page 105 of the Report of the Auditor-General, published in Part F: Financial Information.
PERFORMANCE INFORMATION
23LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Overview of Legal Aid South
Africa’s Performance
3.1. SERVICE DELIVERY ENVIRONMENT
Legal Aid South Africa has a national footprint of 64 Justice
Centresand64SatelliteOfices.Thelocationofouroficesis carefully chosen so that they are aligned to the courts
and located close to public transport facilities, in order to
be accessible to clients. We make use of a cost-effective
mixed model delivery method to improve court coverage
and service delivery. Our Justice Centre model has made it
possible for us to extend the delivery of criminal legal aid
services to all courts throughout the country. Furthermore,
our use of a practitioner per court model has improved
the low of cases at courts. A research study of all courtrolls that we conducted recently has given us a complete
understanding of the demand for criminal legal aid services
in every criminal court in the country. In the year under review
Legal Aid South Africa continued to provide criminal and civil
legal aid services through its national footprint.
In the2014–2015inancialyear448,195newmattersweretaken on. This represents a 0,2% growth in new matters over
thepreviousinancialyear.394,172(88%)werenewcriminalmatters and 54,023 (12%) were new civil matters. The vast
majority of these new matters (94%) were handled by the JCs.
Duringthissameperiod444,630matterswerealsoinalised.
The Justice Centre civil legal aid delivery model utilises
practitioners with high experience levels in civil litigation.
SOPs have been developed to guide the operations of all
civil units and civil sections. Administrative support to civil
practitioners has also been improved. Extensive online
support systems have also been introduced to assist civil
practitioners in carrying out their work. There are, however,
some challenges in the recruitment of practitioners in
specialist areas such as labour law.
High Courts are covered by experienced High Court Unit
(HCU) practitioners. A Central Court roll model was in place
for High Court coverage and legal representatives were
allocated to all matters that required legal aid. Legal Aid
South Africa HC practitioners were allocated matters for an
average of 76% of the days on which courts were sitting
duringtheinancialyearunderreview.Theorganisationhasa quality management programme and provides extensive
support for the preparation of cases.
Legal Aid South Africa received additional funding for the
CaseBacklogProject.Inthe2014–2015inancialyear,thisfunding was utilised to create 96 new permanent posts.
Thirteen of these positions were administrative positions,
while 83 were legal positions. This enabled Legal Aid South
Africa to increase its capacity to provide legal aid in all Case
Backlog Courts. Backlog courts have now been included as
part of our normal court coverage programme.
General legal advice is an integral part of our service delivery
programme. General advice is provided by dedicated
paralegalswhoarestationedatall128ofourofices,aswellas at our call centre, namely the Legal Aid Advice Line. A total
of 321,241 general advice consultations were conducted
duringtheinancialyearunderreview.Thisrepresentsadropof4%overthepreviousinancialyear.
The Legal Aid Advice Line makes it possible for clients,
particularly those in rural areas, to access instant legal
advice through a toll free telephone service. The Call Centre
logged 42,886 general advice consultations. This represents
a decrease of 23% over the previous inancial year. Thedecrease in the call centre volumes can be mainly attributed to
the limited advertising, particularly broadcast (TV and radio),
which directly impacts on call volumes. In addition, the basis
for calculating the number of advice calls changed in the period
under review in that follow up calls are no longer included in
the statistics for new advice matters. The previous system was
not able to distinguish follow up calls.
Legal Aid South Africa also greatly improved its management
and monitoring of remand detainees and Children Awaiting
Trial in custody (CAT). Legal Aid South Africa is currently
playing the lead role within the CJS cluster in the monitoring of
remand detainees in order to address case backlogs, as well
as monitor the length of time that remand detainees spend in
custody awaiting trial. During the period under review, Legal
Aid South Africa monitored 605 new CATs in custody. We also
assisted ininalising506mattersofCATs.At theendof theinancialyear, therewere103CATs incustody,ofwhich71children were in custody for periods in excess of one month.
Each of these children was individually tracked on our CAT web
page to ensure that their matters received priority attention.
Legal Aid South Africa provides quality legal services and
has a quality management programme in place as well as
systems and processes to ensure eficient service delivery.The programme is implemented at all JCs. The Legal Quality
Assurance Unit (LQAU), located within the Internal Audit
Department provided our Executives and the Board with
reportsthatconirmedandgaveassurancethatqualitylegalservices were delivered by practitioners, both internal and
external (Judicare and Co-operation partners). Legal Aid South
Africa was an active participant in the Management of Remand
Detainees (MRDs) committee until its work was wound up
earlier this year. Legal Aid South Africa has now taken the role
oftheleadorganisationinensuringthatProvincialEficiencyEnhancement Committees (PEECs) prioritise the monitoring
of remand detainees in custody over two years. A report
that details the top 20 longest serving remand detainees per
province is tabled at all PEEC meetings attended by Legal Aid
South Africa.
PERFORMANCE INFORMATION
24 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Funding continues to pose a major challenge to the
provision of legal services by Legal Aid South Africa.
As a result of this challenge, we were unable to provide
the required level of practitioner capacity at many of our
criminal courts. A major challenge in our court coverage
programme and one that has attracted a lot of criticism,
especially in our coverage of the lower courts, has been
the absence of a relief component to substitute for our
practitioners when they become unavailable for any
reason. This has often led to courts being unable to
function effectively whenever one of our practitioners is
absent. We are, however, pleased to report that during the
latter part of this inancial year, our Board approved theimplementation of a limited court relief programme at 33 of
our Justice Centres. It is anticipated that this programme
will help alleviate some of the pressures occasioned by
the unavailability of practitioners and thereby improve the
eficientoperationofourcourts.
Legal Aid South Africa continued to contribute to and
implement the recommendations of the Criminal Justice
System (CJS) Review. During the inancial year underreview Legal Aid South Africa attended and contributed to
meetings of the CJS Review Committee. Legal Aid South
Africa has implemented all recommendations and protocols
that affect Legal Aid South Africa. We also monitored and
provided input to proposed legislative changes and other
relevant proposals.
3.2. ORGANISATIONAL ENVIRONMENT
Strong inancial management and governance is anintegral part of the Legal Aid South Africa environment.
This has enabled us to continue to deliver to many more
South Africans in a sustainable manner. Legal Aid South
Africacontinuedtolookforeficiencymeasuresinhandlingits budget expenditure in light of budget cuts implemented
by National Treasury. Legal Aid South Africa has also
looked to reduce costs associated with ever increasing
accommodation costs. In this respect, it continues to look
foropportunities topurchaseoficeaccommodation.Thiswill enable the organisation to mitigate increasing rental
costs and, most importantly, ensure we maintain access to
justice to indigent persons by sourcing locations close to
the communities and the courts we serve.
As a dynamic business organisation it is incumbent
upon Legal Aid South Africa to ensure that when major
catastrophes arise, the organisation is able to either
continue working or resume operations in the shortest time
possible.Oneofthechallengesinthe2014–2015inancialyear has been power outages impacting on business
operations. It has since become dificult to know andpredict the times at which Eskom would reduce demand
of electricity, by load shedding. These unexpected power
interruptions have regrettably had a negative effect
on Legal Aid South Africa’s business operations andproductivity of employees. To counteract the effects of
load shedding, Legal Aid South Africa sought to procure
UninterruptedPowerSupply(UPS)forregionaloficesandJCs to ensure sustained productivity. The installation of
theUPSwillbecompletedinthenewinancialyear.
The electronic biometric clock in system was procured in
the2013–2014inancialyearandintheyearunderreview,Legal Aid South Africa began the implementation of the
system at all its operations throughout the country. The
aim is to improve accountability within ofices dispersedacross the country, as well as reduce the challenges with
the use of manual attendance registers by staff. Selecting
a paperless option also contributes to the reduction of our
carbon footprint.
Legal Aid South Africa was lauded for its role in the Small
Claims Courts by the Deputy Minister of Justice and
ConstitutionalDevelopment,MrJohnJeffery,attheoficiallaunch of the Small Claims Court in Howick on 8 October
2014.
The Small Claims Courts are used to settle minor civil
disputes and claims between parties without the use of
legal representation in an informal, simple, cost-effective
andspeedyprocess.This conirms thatLegalAidSouthAfrica is committed to corporate social responsibility. 161
Legal Aid South Africa lawyers have been appointed as
commissioners country-wide.
Our Human Resources programme continues to focus on
talent management, employee wellness, organisational
culture and leadership, thus developing a competent
and motivated workforce able to serve our clients and
communities to achieve our vision. Our low turnover rate
has created a stable work environment better able to
strivetofulilourmission.Intheyearunderreview,LegalAid South Africa was also voted amongst Top Employers
in South Africa for the sixth year in a row.
Legal Aid South Africa was also rated as the best employer
of choice by law students in a Universum survey. This was
a remarkable achievement for Legal Aid South Africa, an
improvement from its performance in 2013–2014, when it
was rated second. The Universum Ideal Employers Survey
is delivered to students, graduates and professionals.
The results of the Universum Talent Survey reveal how
students perceive organisations as employers in South
Africa.
The research functions as a basis for decision-making
when choosing target groups, messages and channels
for future employer branding campaigns, and as a control
instrument for measuring the appeal an organisation has
intheeyesofitsspeciictargetgroups.
PERFORMANCE INFORMATION
25LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3.3. KEY POLICY DEVELOPMENTS AND
LEGISLATIVE CHANGES
The promulgation of the Legal Aid South Africa Act
39 of 2014 on 9 December 2014, and the subsequent
implementation of said Act on 1 March 2015, has resulted
in a Transitional Board that will steer the Board through
the next 12 months while a new Board is constituted
in accordance with the requirements of the new Act.
All the relevant transitional arrangements have been
operationalised and all governance structures are still
functioning eficiently and effectively. The 2014 LegalAid Guide will remain effective until replaced by the
Regulations (Policy) and Legal Aid Manual, within the 24
month period determined by sections 23 and 24 of the new
Legal Aid South Africa Act.
In addition, the Legal Practice Act was assented to on
22 September 2014 and Part 1 and 2 of Chapter 10 has
been brought into operation on 1 February 2014. Legal Aid
South Africa is represented on the Interim Legal Practice
Council, which has been tasked with attending to the
necessary preparation to bring the Legal Practice Council
into existence. Legal Aid South Africa looks forward to
contributing to the development of an independent and
uniied legal profession that understands the need forpoor and indigent persons to be able to access justice as
contemplated in our Constitution.
In December 2012, the United Nations General Assembly
adoptedtheirstinternationallegalaidinstrument:theUNPrinciples and Guidelines on access to legal aid in criminal
matters. This has paved the way for the development of
legal aid systems and increased access to justice by
indigent persons in all member countries.
Legal Aid South Africa, in conjunction with the
Department of Justice and Correctional Services, hosted
an International Conference, which resulted in the
Johannesburg Declaration calling upon all member states
to take practical measures to implement legal aid systems.
This has taken legal aid to the forefront of the international
agenda.
3.4. STRATEGIC OUTCOME ORIENTED
GOALS
The strategic outcome oriented goals of Legal Aid South
Africa, as per the Strategic Plan 2012–2017, are stated
in Part A, Section 3.4 of this Annual Report, and progress
made towards achievement of the Objectives, Strategies
and Programmes is reported on in Section 4, Performance
Information by Programme below.
4. Performance Information by
Programme
On the 20th of March 2014 the Minister of Justice and
Correctional Services approved Legal Aid South Africa’sAnnualPerformancePlanforthe2014–2015inancialyear.
The following are the delivery statistics for the organisation
nationally and per province for the 2014–2015 inancialyear and the detailed performance information against the
approved 2014–2015 Annual Performance Plan.
Protecting and defending the rights of women and children.
26
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NO INDICATOR PERFORMANCE 2014–2015 PERFORMANCE 2014–2015 PERFORMANCE PRIOR YEARS VARIANCE
ANNUAL TARGET 2014–2015 2013–2014 2012–2013 2014–2015
OVER
2013–2014
NUMBER % NUMBER % PERFORMANCE
AGAINST TARGET
NUMBER/% NUMBER/% NUMBER/%
OVERALL PERFORMANCE
Delivery of Business Plan
1 Client Community Achieved Achieved Achieved
2 Financial Sustainability Achieved Achieved Achieved
3 Business Processes Achieved Achieved Achieved
4 Employee & Organisational Capacity Achieved Achieved Achieved
ExECUTIVE AUTHORITY ACCOUNTABILITY
5 Quarterly/Annual Report/s 5 5 Achieved 5 3
6 Parliamentary Brieings 2 2 1
CLIENT COMMUNITY
7 New Legal Delivery Matters/Instructions (i.e.
number of instructions to legal practitioners)
(Excl. Pro Bono)
448 195 447 301 438 844 0%
% in YTD Column represents split across
delivery systems
7.1 Justice Centres – New Matters 390 018 421 527 94% 8% better than
target
424 679 420 708 -1%
7.2 Judicare – New Matters 20 674 5% 16 035 14 225 29%
7.3 Co-operation Partners – New Matters 4 777 1% 5 546 3 206 -14%
7.4 Agency Agreements 1 199 0% 1 041 705 15%
7.5 Impact Litigation 18 0% 0%
7.6 Pro Bono 156 0% 0%
8 Finalised Delivery Matters/Instructions
(Excl. Pro Bono)
444 630 433 532 432 002 2,6%
% in YTD Column represents split across
delivery systems
8.1 Justice Centres – Finalised Matters 390 018 425 199 96% 9% better than
target
417 137 417 590 1,9%
8.2 Judicare – Finalised Matters 13 300 3% 10 718 10 305 24%
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NO INDICATOR PERFORMANCE 2014–2015 PERFORMANCE 2014–2015 PERFORMANCE PRIOR YEARS VARIANCE
ANNUAL TARGET 2014–2015 2013–2014 2012–2013 2014–2015
OVER
2013–2014
NUMBER % NUMBER % PERFORMANCE
AGAINST TARGET
NUMBER/% NUMBER/% NUMBER/%
8.3 Co-operation Partners – Finalised Matters 5 065 1% 4 867 3 250 4%
8.4 Agency Agreements 1 057 0% 810 857 30%
8.5 Impact Litigation 9 0% 0%
8.6 Pro Bono 7 0% 0%
% in YTD Column represents split between criminal/civil
9.1 Criminal Total New Matters 394 172 88% 390 118 383 567 1%
9.2 Civil Total New Matters 54 023 12% 57 183 55 277 -6%
10 General Advice 321 241 328 979 297 835 -2%
10.1 JusticeCentres&SatelliteOfices 255 725 246 902 3% lower than
target
243 548 227 561 1%
10.2 Call Centre 58 404 42 886 27% lower than
target
55 623 44 247 -23%
10.3 ATP – Paralegals 31 298 31 453 On target 29 808 26 027 6%
11 Children Awaiting Trial (> 1 month in custody)
11.1 New 605 353 282 71%
11.2 Finalised 506 330 347 53%
11.3 Pending 103 62 52 66%
% in YTD Column represents split between criminal/civil
12 Children – Total matters 16 482 16 858 26 105 -2%
12.1 Children – New Criminal Matters 11 651 70,7% 11 689 19 840 0%
12.2 Children – New Civil Matters 4 831 29,3% 5 169 6 265 -7%
13 Pending Matters
13.1.1 Pending Matters – JC 174 725 183 784 177 286 -5%
13.1.2 Total Backlog Matters (JC) 31 144 18% 32 525 30 501 -4%
13.2.1 Pending DC – Total (JC) 87 760 90 130 88 362 -3%
13.2.2 DC Matters > 6 months 20% 7 262 8% 12% better than
target
8 362 10 211 -13%
13.3.1 Pending RC – Total (JC) 28 901 31 508 31 260 -8%
13.3.2 RC Matters > 9 months 25% 8 081 28% 3% lower than
target
8 425 8 797 -4%
13.4.1 Pending HC – Total (JC) 3 820 3 254 2 378 17%
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NO INDICATOR PERFORMANCE 2014–2015 PERFORMANCE 2014–2015 PERFORMANCE PRIOR YEARS VARIANCE
ANNUAL TARGET 2014–2015 2013–2014 2012–2013 2014–2015
OVER
2013–2014
NUMBER % NUMBER % PERFORMANCE
AGAINST TARGET
NUMBER/% NUMBER/% NUMBER/%
13.4.2 Pending HC – Excl. Appeal Matters 687 640 0%
13.4.3 HC Matters >12 months (Excl. Appeal Matters) 30% 241 35% 5% lower than
target
214 1 226
13.5.1 Pending Civil – Total (JC) 54 244 58 892 55 286 -8%
13.5.2 Civil Matters >18 months 30% 15 560 29% 1% higher than
target
15 524 10 267 0%
14 Legal services delivery – Quality Monitoring
14.1.1 CAs – IA(LQAU) File Audit score 80% 87% 7% higher than
target
88% 86% -1%
14.1.2 CAs – IA(LQAU) Court Observation Score 80% 90% 10% higher than
target
90% 88% 0%
14.2.1 PAs – IA(LQAU) File Audit score 85% 90% 5% higher than
target
90% 89% 0%
14.2.2 PAs – IA(LQAU) Court Observation Score 85% 93% 8% higher than
target
93% 93% 0%
14.3.1 HCU PAs – IA(LQAU) File Audit score 90% 94% 4% higher than
target
95% 93% -1%
14.3.2 HCU PAs – IA(LQAU) Court Observation Score 90% 97% 7% higher than
target
95% 96% 2%
14.4.1 PA – Civil – IA(LQAU) File Audit score 85% 90% 5% higher than
target
89% 88% 1%
14.4.2 PA – Civil – IA(LQAU) Court Observation Score 85% - 96% 92% -
15 Community Outreach Programmes
15.1 Prison Cells (total 240) Branding 240 100% 382 159% Higher than target 393 379 -3%
15.2 Police Cells (total 911) Branding 546 60% 869 141% Higher than target 837 915 4%
15.3 Court (total 671) Branding 671 100% 826 123% Higher than target 763 739 8%
15.4 Community Events at Government Key Points 256 100% 594 231% Higher than target 374 725 59%
FINANCIAL SUSTAINABILITY
16 Budget 1 638 622 972 1 468 047 424 1 413 745 376 12%
16.1 MTEF Allocation 1 504 708 000 1 375 442 000 1 259 763 099 9%
16.2 Expenditure (% of budget) 98% 1 596 124 628 98,1% 0,1% higher than
target
1 456 520 928 1 388 368 322 9,6%
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NO INDICATOR PERFORMANCE 2014–2015 PERFORMANCE 2014–2015 PERFORMANCE PRIOR YEARS VARIANCE
ANNUAL TARGET 2014–2015 2013–2014 2012–2013 2014–2015
OVER
2013–2014
NUMBER % NUMBER % PERFORMANCE
AGAINST TARGET
NUMBER/% NUMBER/% NUMBER/%
16.3 Payments (%) within 30 days
16.3.1 Judicare 100% 99,9% On target 99,1% 99% 1%
16.3.2 Creditors 100% 99% 1% lower than
target
97,2% 99% 2%
17 AFS reporting issues
17.1 Fraud Detected/Reported 6
17.2 Unauthorised, Irregular, Fruitless, Wasteful
Expenditure
38 26 17 46%
17.3 Financial Misconduct 42 26 17 62%
18 Supply Chain Management
18.1 BAC Meetings 12 or as
required
10 On track 10 12 0%
18.2 Business Continuity/Crisis Contingency Plan in Place 1 On track 1
19 Board
19.1 Meetings 4 4 On track 4 4 0%
19.2 Training 2 2 On track 2 2 0%
19.3 Board Positions Filled 18 16 On track 14 18 14%
20 Auditor-General Report
20.1 AG Overall Report (2013–2014) Unqualiied Unqualiied Target achieved Unqualiied Unqualiied
20.2 AG Matters of Emphasis/Mention (2013–2014) - - Target achieved - 1
21 Internal Audit Reports
21.1 IA Coverage – Completed Reports 150 164 109% 9% higher than
target
120 116 37%
BUSINESS PROCESSES
22 System Availability (%) 95% 99,7% 5% higher than
target
98,5% 100% 1%
23 User Support (% Calls Within Agreed Time) 90% 96% 6% higher than
target
95% 95% 1,6%
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NO INDICATOR PERFORMANCE 2014–2015 PERFORMANCE 2014–2015 PERFORMANCE PRIOR YEARS VARIANCE
ANNUAL TARGET 2014–2015 2013–2014 2012–2013 2014–2015
OVER
2013–2014
NUMBER % NUMBER % PERFORMANCE
AGAINST TARGET
NUMBER/% NUMBER/% NUMBER/%
23.1 ITSecurity–virusesblockedatirewall 99% 99% On target 100% 100% -1%
23.2 Business Intelligence – available 95% 100% 5% higher than
target
100% 100%
23.3 Disaster Recovery – tested successfully 100% 100% On target 100% 100%
EMPLOYEE & ORGANISATIONAL CAPACITY
24 Infrastructure
24.1 Justice Centres (JC) 64 64 Maintained 64 64
24.2 SatelliteOfices(SO) 64 64 Maintained 64 64
25 Legal Stafing – Budgeted Posts (Only JCs)
25.1 PAs (100% = 1047 PAs) 96% 957 91,4% 4,6% lower than
target
922 917 4%
25.2 CAs (100% = 590 CAs) 96% 581 98,5% 2,5% higher than
target
610 612 -4,8%
25.3 Legal Managers (100%= 342 posts) 96% 324 94,7% 1,3% lower than
target
290 282 12%
25.4 Paralegals (100% = 172 posts) 96% 164 95,3% 0,7% lower than
target
26 Stafing
26.1 Establishment (budgeted posts) 2 797 2 707 2 694 3%
26.2 Number of Staff (recruited) > 96% 2 619 93,6% 2,4% lower than
target
2 586 2 576 1%
26.3 Number of Legal Staff (incl. paralegals) (budgeted) 2 210 2 132 2 114
26.4 Number of Legal Staff (incl. paralegals) (recruited) 2 071 93,7% 2 039 2 029 2%
26.5 Turnover excluding CAs & Temporary/Contract Staff 8,5% 6,06% Higher than target 6,07% 6% -0,2%
27 Employee Relations
27.1 Grievances 51 2% of total
staff
20 0,8% Fewer grievances
than target
11 18 82%
27.2 Disciplinary Hearings 64 2,5% of total
staff
25 1,0% Fewer disciplinary
hearings than target
21 16 19%
27.3 Disciplinary Matters 64 2,5% of total
staff
35 1,3% Fewer disciplinary
matters than target
38 95 -8%
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NO INDICATOR PERFORMANCE 2014–2015 PERFORMANCE 2014–2015 PERFORMANCE PRIOR YEARS VARIANCE
ANNUAL TARGET 2014–2015 2013–2014 2012–2013 2014–2015
OVER
2013–2014
NUMBER % NUMBER % PERFORMANCE
AGAINST TARGET
NUMBER/% NUMBER/% NUMBER/%
27.4 New Labour Disputes 26 1% of total
staff
21 0,8% On track 10 20 110%
28 Staff Training
28.1 Legal Development (training hours) Hours
– legal staff (15 hours per legal Staff – excl CAs) 20 792 11 308 54% Lower than target 20 640 28 083 -45%
29 Legal Staff (JC training hours)
29.1 CA (36 hours per CA) 18 619 41 619 224% Higher than target 45 416 44 907 -8%
29.2 PA (24 hours per PA) 13 174 20 694 157% Higher than target 33 732 36 799 -39%
30 Health & Safety
30.1 Injury on Duty 26 1% of total
staff
16 0,6% Higher than target 19 14 -16%
30.2 HIV/AIDS – Voluntary Counselling and Testing (%
staff tested)
30% 37% 7% higher than
target
385 28% 0%
31 Employment Equity
31.1 Overall total staff (includes contract and temporary
staff)
31.1.1 Blacks 88% 2 374 87,7% 0,3% lower than
target
87,8% 87,7% -0,1%
31.1.2 Africans 74% 1 892 69,9% 4,4% lower than
target
69,1% 68,6% 0,8%
31.1.3 Women 45% 1 384 51,2% 6,1% higher than
target
50,9% 50,6% 0,6%
31.1.4 People with disabilities 2% 47 1,7% 0,3% lower than
target
1,7% 1,6% 4,2%
31.2 Senior Management
31.2.1 Blacks 88% 88 80,0% 8% lower than
target
78,4% 75,9% 2,1%
31.2.2 Africans 74% 64 58,2% 15,8% lower than
target
57,7% 54,6% 0,9%
31.2.3 Women 45% 40 36,4% 8,6% lower than
target
35,1% 34,3% 3,5%
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Tab
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4: L
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orp
ora
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ash
bo
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2013–2014 P
rovin
cia
l Sp
lit
NO INDICATOR PERFORMANCE 2014–2015
ANNUAL TARGET EASTERN
CAPE
FREE
STATE
GAUTENG KWAZULU-
NATAL
LIMPOPO MPUMA-
LANGA
NORTH
WEST
NORTHERN
CAPE
WESTERN
CAPE
FULL YEAR
NUMBER % NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER
JC PERFORMANCE MONITOR
1 JCPM National
Average
90% 98% 97% 98% 95% 97% 91% 93% 97% 96% 97%
CLIENT COMMUNITY
2 New Legal
Delivery Matters/
Instructions
(i.e. number of
instructions to
legal practitioners)
63 126 32 919 80 669 72 996 21 454 28 051 28 376 19 817 100 769 448 195
2.1 Justice Centres –
Total New Matters
390 018 59 596 29 911 75 128 69 438 20 759 26 984 26 538 18 139 95 034 421 527
2.2 Judicare – Total New
Matters
2 594 2 562 3 891 3 287 545 912 1 775 1 385 3 723 20 674
2.3 Co-operation
Partners – Total New
Matters
936 - 1 650 271 - 155 63 - 1 702 4 777
2.4 Agency Agreements
– Total New Matters
- 446 - - 150 - - 293 310 1 199
2.5 Impact Litigation - - - - - - - - - 18
2.6 Pro Bono 46 13 18 42 3 1 28 2 3 156
2.7 Justice Centres
– New Criminal
Matters
51 740 25 157 67 086 60 898 17 923 23 951 23 352 16 102 87 770 373 979
2.8 Judicare – New
Criminal Matters
2 160 1 825 3 080 3 193 456 856 1 456 1 357 3 692 18 075
2.9 Co-operation
Partners – New
Criminal Matters
3 910 913
2.10 Agency Agreements
– New Criminal
Matters
446 150 293 310 1 199
2.11 Impact Litigation
– New Criminal
Matters
6
2.12 Pro Bono – New
Criminal Matters
23 2 7 28 2 15 1 78
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NO INDICATOR PERFORMANCE 2014–2015
ANNUAL TARGET EASTERN
CAPE
FREE
STATE
GAUTENG KWAZULU-
NATAL
LIMPOPO MPUMA-
LANGA
NORTH
WEST
NORTHERN
CAPE
WESTERN
CAPE
FULL YEAR
NUMBER % NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER
2.13 Justice Centres –
New Civil Matters
7 856 4 754 8 042 8 540 2 836 3 033 3 186 2 037 7 264 47 548
2.14 Judicare – New Civil
Matters
434 737 811 94 89 56 319 28 31 2 599
2.15 Co-operation
Partners – New Civil
Matters
933 1 650 271 155 63 792 3 864
2.16 Agency Agreements
– New Civil Matters
-
2.17 Impact Litigation –
New Civil Matters
12
2.18 Pro Bono 23 11 11 14 1 1 13 2 2 78
3 Finalised
Delivery Matters/
Instructions
63 441 32 249 80 936 71 364 22 577 27 007 27 856 19 340 99 851 444 630
3.1 Justice Centres –
Finalised Matters
390 018 100% of
new matters
60 670 29 889 77 696 68 767 21 930 25 996 26 768 18 314 95 169 425 199
3.2 Judicare – Finalised
Matters
1 538 1 907 1 769 2 352 566 743 1 088 771 2 566 13 300
3.3 Co-operation
Partners – Finalised
Matters
1 233 59 1 471 245 268 1 789 5 065
3.4 Agency Agreements 394 81 255 327 1 057
3.5 Impact Litigation 9
3.6 Pro Bono 5 1 1 7
4.1 Criminal New Matters 53 903 27 428 70 166 64 091 18 529 24 807 24 808 17 752 92 682 394 172
4.2 Civil New Matters 9 223 5 491 10 503 8 905 2 925 3 244 3 568 2 065 8 087 54 023
5 Children – Total
Matters
2 467 1 418 2 229 3 037 476 685 779 634 4 757 16 482
5.1 Children – New
Criminal Matters
1 914 677 1 259 1 734 403 406 672 485 4 101 11 651
5.2 Children – New Civil
Matters
553 741 970 1 303 73 279 107 149 656 4 831
6 Pending Matters
Pending Matters
– JC
25 536 14 906 28 400 28 756 8 954 13 177 13 307 7 138 34 551 174 725
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NO INDICATOR PERFORMANCE 2014–2015
ANNUAL TARGET EASTERN
CAPE
FREE
STATE
GAUTENG KWAZULU-
NATAL
LIMPOPO MPUMA-
LANGA
NORTH
WEST
NORTHERN
CAPE
WESTERN
CAPE
FULL YEAR
NUMBER % NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER
EMPLOYEE & ORGANISATIONAL CAPACITY
7 Infrastructure
7.1 Justice Centres (JC) 64 10 6 10 10 5 4 7 3 9 64
7.2 SatelliteOfices(SO) 64 11 3 4 11 7 10 3 6 9 64
7.3 National Fotprint
Expansion – New
JCs
- - - - - - - - - -
7.4 National Fotprint
Expansion – New
SOs
- - - - - - - - - -
8 Legal Stafing (Only JCs, excludes National
Ofice)
8.1 PAs (100% = 1047
PAs)
96% 170 74 173 164 66 68 63 41 138 957
8.2 CAs (100% = 590
CAs)
96% 85 43 120 107 36 35 50 17 88 581
8.3 Legal Managers
(100%= 342 posts)
96% 54 26 58 52 24 24 26 14 46 324
9 Stafing (Only JCs, excludes National
Ofice)
9.1 Establishment
(budgeted posts)
2 537 410 202 478 423 172 172 198 111 371 2 537
9.2 Number of staff
(recruited)
2 387 96% 394 188 449 406 164 163 181 97 345 2 387
10 Budget per
province (Total
Excludes the
National Ofice)
212 455 700 98 826 307 254 040 392 215 934 178 76 357 210 90 228 425 99 330 590 62 970 067 189 824 195 1 299 967 064
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35LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 05: Legal Aid South Africa Annual Performance Report
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 1: Empowered clients and communities making informed choices about their legal rights and responsibilities
Objective 2: All poor and vulnerable persons able to access quality public funded legal services to protect and defend their rights
STRATEGY I: DELIVERING CLIENT-FOCUSED LEGAL AID, INCLUDING TO VULNERABLE GROUPS, IN CRIMINAL MATTERS WITHIN BUDGET CONSTRAINTS
Programme 1: To deliver (increase access) quality criminal legal services that are client focused
P1-1 Criminal Court
Coverage
Access to
justice to
indigent
in criminal
matters
Practitioners
in lower courts
to be allocated
court work a
maximum of
four days per
week
Coverage:DCs:=85%RCs:98%HCs:AllLAmatters
All criminal
courts covered
JC court coverage plans
were prepared to ensure
coverage of all criminal
courts. A practitioner per
court model was used in
the district courts. Our
district court coverage
at the end of the FY was
87%.
Theeficientuseofouravailablestafingcapacity has enabled
us to provide coverage
to DC higher than our
target of 85%.
A practitioner per court
model was used in the
regional court. As at
the end of the FY, our
regional court coverage
was 96%.
Some JCs have
decreased their court
coverage to better
align to demand. This
was in keeping with
the recommendations
arising from our court
roll research study. The
capacity made available
from this exercise was
used to implement our
court relief programme.
A central court roll
model was in place for
high court coverage
and representation was
provided in all matters
that required Legal Aid.
Legal Aid South Africa
HCU practitioners were
allocated matters for
an average of 76% of
the court days during
the FY.
During this FY, 448 195
new matters were taken
on of which 394 172
(88%) were criminal
matters.
During this FY, 444 630
matterswereinalisedof which 388 344 (87%)
were criminal matters.
P1-2 Children
Awaiting Trial
(CAT)
CAT in custody
> 1 month
monitored
All CAT
requiring legal
aid > 1 month
represented
& individually
tracked
monthly
CAT
programme
implemented
Legal Aid South Africa
monitored 605 new
children awaiting trial
in custody during FY
2014–2015. We also
assistedininalising506 matters of children
awaiting trial. At the end
of the FY, there were
103 children in custody
awaiting trial of which 71
children were in custody
for periods in excess of
one month. Each of these
children was individually
tracked on our CAT web
page to ensure that their
matters received priority
attention.
PERFORMANCE INFORMATION
36 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
P1-3 Reducing Case
Backlogs
Cases in all
court types
exceeding
targeted
turnaround
times
monitored.
Case
turnaround
times:< 20% DC
cases > 6
months;
< 25% RC
cases > 12
months;
< 30% HC
cases > 18
months
(excluding
appeals
matters)
All pending
matters
exceeding
target
turnaround
times
monitored
The percentage of
matters exceeding the
target turnaround times
at the end of the FY
wereasfollows:DC matters – 8%
(within target)
RC matters – 28%
(3% more than the
target)
HC matters – 35%
(5% more than the
target).
We are below target for
RC and HC matters. We
are not able to pinpoint
the exact reasons for
the poor performance
of these courts but,
various reasons
contributed to delays in
criminal cases including
congested court rolls,
delays in investigations
and repeated requests
by the state for
postponements.
Programme 2: To increase access points, including to vulnerable groups, to criminal legal aid services
P2-1 Preliminary
Courts
Coverage
All preliminary
courts covered
by Legal Aid
South Africa
practitioners
to facilitate
diversion of
childrens cases
out of the CJS
All preliminary
courts covered
by Legal Aid
South Africa
practitioners
Legal Aid
capacity
provided to
preliminary
inquiry courts
as required
to facilitate
diversion of
childrens cases
out of the CJS
Legal Aid South Africa
provides representation
at preliminary inquiries
onlywhenspeciicallyrequested to do so by
thepresidingoficer,as the Child Justice
Act does not make
legal representation
mandatory at these
inquiries. However,
where dedicated
preliminary inquiry
courts have been
established, we ensured
that practitioner capacity
was made available to
cover these courts.
3 336 new preliminary
inquiry matters were
taken on by our JCs
and 3 302 matters were
inalised.
STRATEGY II: DELIVERING CLIENT-FOCUSED LEGAL AID, INCLUDING TO VULNERABLE GROUPS, IN CIVIL MATTERS WITHIN BUDGET CONSTRAINTS
Programme (4) 3: To deliver (increase access) quality civil legal aid services that are client-focused
P3-1 Access to
Civil Legal Aid
Civil legal aid
delivery
100% of
practitioner
case target
Civil clients
assisted within
available
capacity
47 548 new civil matters
were taken on by JCs in
the 2014–2015 FY. This
was 4% more than the
civil capacity target.
Practitioners on average
exceeded their capacity
targets thereby taking
on more civil matters
than the available civil
capacity.
During this FY, 448 195
new matters were taken
on of which 54 023
(12%) were civil matters.
This represents a 5,5%
decrease in civil matters
over the previous
inancialyear.Thecivilpractitioner case load
target of 45 725 was
exceeded by 4% as
47 548 new matters
were taken on by JC
civil practitioners.
The intake of new
matters by Justice
Centres still exceeds
the available capacity
despite the reduction
in the number of new
matters taken on by
JCs. There was also a
decrease in the number
of new civil matters
taken on by Co-op
Partners although the
reason for this cannot be
pinpointed but it would
most likely link to the
available capacity.
PERFORMANCE INFORMATION
37LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
STRATEGY III: DELIVERING CLIENT-FOCUSED PRIMARY LEGAL ADVICE SERVICES
Programme (6) 4: To deliver (increase access) quality legal advice services that are client-focused
P4-1 Legal Advice
Capacity
General
advice service
available at
all Legal Aid
South Africa
ofices
Growth in
legal advice
matters:5%within available
capacity
Increase
general
advice service
provided at all
ofices
A total of 321 241
general advice
consultations were
conducted during this
FY. This represents 93%
of the annual target of
345 428. This represent
a decrease of 2.4% over
thepreviousinancialyear.
The majority of these
consultations (246 902)
were walk-in clients
at the JCs and SOs.
This was an increase
of 1,4% over the
previousinancialyear.Paralegals were also
required to conduct
advice services at
various community
facilities in rural areas
to increase access to
justice.
The call centre logged
42 886 general advice
consultations. This
represents a decrease
of 23% over the
previousinancialyear.
The target is subject
to the actual demand
for advice services and
thus due to the limited
demand at some JCs
and SOs the 5% growth
in civil advice matters
was not achieved. No
client seeking advice
was refused assistance
due to a lack of capacity
to provide such advice
services.
The decrease in the
call centre volumes
is due to the limited
TV advertising which
directly impacts on call
volumes. In addition,
the basis for calculating
the number of advice
calls changed after Q1
in that returning advice
client calls are no
longer included in the
statistics for new advice
matters. The previous
system was not able
to distinguish returning
advice client calls.
STRATEGY IV: DELIVERING CLIENT FOCUSED IMPACT LEGAL AID SERVICES
Programme (10) 5: To increase access to justice through impact litigation – which is able to address Constitutional rights and socio-economic
rights and develop jurisprudence on these matters
P5-1 Legal Action
through the
Impact
Litigation Unit,
Class Actions,
etc.
Effective
Strategic Plan
for the ILU
Aligned to the
Organisational
Strategic Plan
Effective One Implement ILU
Strategic Plan
The ILU Strategic Plan
and Agenda for 2015 to
2020wasinalisedandapproved by the Board
on 28 February 2015.
Impact
Litigation
Services
provided by
the Impact
Litigation Unit
Assistance
to class of
persons and/
or setting
precedents
and/or giving
content to
constitutional
rights
90% success Number of new
and pending
matters
handled
by impact
litigation unit
as approved
by the CCMC/
CLE & NOE
within the
approved
budget
Legal
representation
provided in
Impact matters
In total 18 new Impact
matters were approved
in2014–2015inancialyear out of a total
of 47 matters that
were assessed for
acceptance as Impact
Litigation matters by
CCMC. Eight of the nine
inalisedmattersweresuccessfully concluded
intheinancialyearresulting in a success
rate of 89%, which is
approximately 90% as
per the target.
PERFORMANCE INFORMATION
38 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
STRATEGY V: DEVELOPING NEW AND ALTERNATIVE METHODS OF INCREASING ACCESS TO JUSTICE; (developing new methods will have
to be reviewed depending on budget)
Programme (11) 6: To explore, develop and implement new alternative dispute resolution options to improve access to justice
P6-1 Alternative
Dispute
Resolution
New and
alternative
methods of
increasing
access
to justice
investigated
and
implemented
All recom-
mendations
considered and
feasible recom-
mendations
implemented
Consider
recommenda-
tions of pilot
project and
feasible recom-
mendations
implemented
The Board approved
that mediation will be
retained as a part of
overall service delivery
but that civil principal
attorneys will have the
discretion to decide on
appropriate cases to be
resolved by mediation.
Recommendations of
pilot project on ADR
have been implemented
and 15% of the
29528mattersinalisedwith an outcome were
settled using ADR
methodologies.
Court Annexed
Mediation was launched
in December 2014
by the Department
of Justice. The pilot
commenced on 16
February 2015 and it is
currently limited to the
North West Province
and Gauteng. Legal
Aid South Africa is
participating in the
project but there will be
limited impact as the
pilotisconinedtotheDCs. The project would
have a greater impact in
the Regional Civil Courts
especially in family
disputes/divorces.
Objective 3: An accessible, effective and eficient justice system serving all in South Africa
STRATEGY VI: CONTRIBUTING TO THE EFFECTIVE FUNCTIONING OF THE JUSTICE AND LEGAL SECTOR
Programme (13) 7: To implement recommendations of Criminal and Civil Justice Reviews
P7-1 Contribute to
and Implement
Criminal
Justice System
(CJS) Review
An improved
criminal justice
system
Interests
of Legal
Aid South
Africa clients
monitored and
advanced
All recommen-
dations affect-
ing Legal Aid
South Africa
implemented
Implementa-
tion of Criminal
Justice System
review recom-
mendations
DuringtheinancialyearLegal Aid South Africa
attended and contributed
to meetings of the CJS
Review Committee.
Legal Aid South Africa
has implemented all
recommendations
regarding protocols
that affect Legal Aid
South Africa as well
as monitored seven
legislative and 15 other
proposals.
PERFORMANCE INFORMATION
39LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Programme (14) 8: To improve the functioning of the justice and legal sector by building stronger and effective partnerships with stakeholders
in the justice sector
P8-1 Case Backlog
Project
Participation
in project to
reduce case
backlog
All DC and RC
backlog courts
Participation
in project to
reduce case
backlog
Legal Aid South Africa
provided capacity to 22
DC and 26 RC backlog
courts. Backlog courts
have been included as
part of our normal court
coverage programme.
Our coverage of backlog
DC was at 97% (12%
above our target for DC)
and RCs were at 97%
(1% below the average
for RC).
Our current IT
system does not
allow us to report on
the performance of
individual court rooms.
The DoJ provides
periodic reports on
the performance of all
backlog courts, including
backlog court statistics.
The high level of
coverage for backlog
DC is attributable to
the fact that dedicated
practitioners were
recruited for these
courts. There have
been challenges with
court stakeholders at a
local level terminating,
relocating or starting a
backlog court without
consultation with the
nationaloficeoftheDoJ. This can explain
some disruptions in our
coverage of backlog
courts.
P8-2 Remand
Detainees
(RDs)
Participation
in justice
cluster team
to manage
problems of
awaiting trial
detainees
Participate
in all MRD
meetings as
per meeting
schedule
Participation
in MRDs
meetings
Legal Aid South
Africa was an active
participant in the MRD
(Management of RD)
committee until its work
was wound up early in
the FY. Legal Aid South
Africa has now taken a
lead role as part of the
CJS Review Committee
to compile reports for
discussion by PEECs.
A report including the
details of the top 20
longest serving RDs per
province is compiled
for discussion at PEEC
meetings.
Objective 4: Effective sustained stakeholder partnership able to jointly increase access to justice as well as to support other external
developing legal aid organisations
STRATEGY VII: IMPLEMENTING COMMUNITY EDUCATION/OUTREACH PROGRAMMES
Programme (15) 9: Improve awareness, inform and educate communities on Constitutional rights and responsibilities
P9-1 Community
Outreach on
the Constitution
and Rights
Increased
awareness by
communities
on rights and
Constitution
1 Outreach
event per
JC/SO at
government
key service
delivery
One per
quarter per
JC/SO
Local
community
structures
Marketing services of
Legal Aid South Africa
were carried out through
outreach programmes
at local structures and
at government key
service delivery areas.
594 community outreach
events were held at
local structures. 427
poster were displayed
at government service
points and 456 events
were held at key
government service
points in the reporting
period.
All deliverables
exceeded targets with
outreach community
events by 128%,
poster display by 64%
and outreach at key
government service
points by 75%. The
excess deliverables
were as a result of
increased efforts Legal
Aid South Africa put to
reach communities and
potential clients during
the 2014–2015.
PERFORMANCE INFORMATION
40 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
STRATEGY VIII: FORGING STAKEHOLDER PARTNERSHIPS TO JOINTLY INCREASE ACCESS TO JUSTICE
Programme (16) 10: Increasing co-operation with and accountability to stakeholders
P10-1 Stakeholder
Relationship
Management at
Local Level
Engagement
with all
identiiedprimary and
secondary
stakeholders
Stakeholder
engagement
programme
implemented
as planned
annually
Stakeholder
engagement
programme
implemented
as planned
annually
Stakeholder
Management Matrix
webpage was revised
to include the impact
assessment/ analysis
in terms of the content
discussed and maturity
level of the relationships.
306 roundtable
discussion meetings and
186 partnerships with
civil society achieved in
the reporting period.
Legal Aid South Africa
stakeholders increased
their co-operation in this
period and this resulted
in stakeholder relations
performance exceeding
set targets. The
stakeholder Newsletter-
Umlingisi distribution
exceeded by 25% due
to introduction of online
website distribution
access by stakeholders.
Programme (18) 11: Supporting developing legal aid agencies (within and outside the country)
P11-1 Implement a
programme
to support the
advancement
of legal aid in
developing
countries
Knowledge
and information
shared with
delegations/
countries
and at ATJ
conferences/
workshops
Co-operation
with legal aid
in developing
countries
fostered
Four
interventions
per annum
(subject to
requests
by outside
delegations)
Support
provided and
knowledge
shared with
countries with
developing
legal aid
systems
Legal Aid South Africa
in conjunction with the
Minister of Justice and
Correctional Services
hosted a very successful
international conference
on the Implementation
of the UN Principles
and Guidelines on
Legal Aid in Criminal
Matters. This gave rise
to the Johannesburg
Declaration that called
on all member states
to ensure the effective
implementation of
the Principles and
Guidelines.
Executives or the
Chairperson of Legal Aid
South Africa attended
conferences/workshops
hosted by UNODC and
other organisations in
Mali (SAHEL region),
Georgia (relating
to Iraq), Morocco
and China to share
the Legal Aid South
Africa experience
for consideration by
other countries, as
well as to promote
the UN Principles and
Guidelines on Access
to Legal Aid in Criminal
Justice Systems.
Seven delegations from
Ethiopia, Sri Lanka,
Myanmar, Nigeria,
Kenya,TanzaniaandUganda were hosted in
thisinancialyear.
PERFORMANCE INFORMATION
41LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 5: Delivering on our constitutional and statutory mandate in an independent, accountable and sustainable manner
STRATEGY IX: ACCOUNTING TO THE DoJ AND PARLIAMENT ON DELIVERY OF MANDATE, GOVERNANCE AND SUSTAINABILITY
Programme (19) 12: To account and provide assurance to DoJ and parliament on performance and governance
P12-1 Reporting and
Accountability
to Shareholder/
Executive
Authority
Reporting and
accountability
to the
Executive
Authority
and statutory
compliance
maintained and
improved
Timeous and
accurate
Reporting and
accountability
to the
Executive
Authority
and statutory
compliance
maintained at
100%
1. Four
quarterly
performance
reports
2. 1 Annual
Report
3. Reporting to
andbrieingof Parlia-
mentary
Committees
4. Responses
to questions
from Parlia-
ment
During the 2014–2015
inancialyear:1. Four Quarterly
Reports were
submitted to the
Executive Authority.
2. The Legal Aid
South Africa Annual
Report 2013–2014
was submitted to
Parliament, the
Executive Authority,
National Treasury and
the Auditor-General
on 31 August 2014.
3. Parliamentary
Portfolio Committee
Brieingswereheldin Quarter 2 of
2014–2015, on
3 July 2014 (Legal Aid
South Africa Strategic
Plan 2012–2017
Review 2014–2015;
Annual Performance
Plan 2014–2015;
Budget 2014–2015)
as well as in Quarter
3 for the Annual
Report 2013–2014 on
17 October 2014.
4. Responses to all
Parliamentary
Questions were
provided timeously.
5. The Annual
Performance Plan
2015–2016 was
submitted to the
Executive Authority in
Quarter4:2014–2015.
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 6: Financial and non-inancial sustainability impacting positively on society, the economy and the environment
STRATEGY X: MAINTAINING FINANCIAL SUSTAINABILITY (In the economic recession strategy to maintain inancial sustainability rather than increase it)
Programme (21) 13: Improved strategic budgeting and inancial planning
P13-1 Strategic
Budgeting
Prepare
balanced and
sustainable
budget (as per
government
grant
allocation)
MTEF
informed by
the approved
Strategic Plan
Approved
MTEF and
budget
Approved
balanced
MTEF and
budget
MTEF 2015/2016 –
2017/2018 was
approved by the Board
at the July 2014 meeting
and submitted to the
Department of Justice
and National Treasury.
LegalAidSouthAfrica’s2015–2016 budget
allocation was reduced
by R62 million.
PERFORMANCE INFORMATION
42 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Programme (22) 14: Compliant and best practice inancial reporting
P14-1 Financial
Reporting
Level of
inancialreporting
compliant with
best practice
annually
Financial
reporting
compliant with
best practices
Annual and Mid
year Financial
Statements
Compliant
inancialreports
delivered
annually
Audited Annual
Financial Statements
were approved by the
Board at the July 2014
meeting and submitted
to the Auditor-General.
Anunqualiiedauditreport with no matters of
emphasis was issued by
the Auditor-General.
STRATEGY xI: INCREASING SUSTAINABLE (NON-FINANCIAL) PERFORMANCE
Programme (27) 15: Improve and maintain Risk Management to optimum maturity level
P15-1 Continuous
Learning and
Improvement
through Risk
Management
Risks managed
at optimum
maturity level
(continuous
learning and
improvement)
Revise Risk
Management
Policy and
Strategy
based on best
practices
One revised
Risk
Management
Policy and
Strategy
Document
Revised
Strategic
Risks and
Organisational
Risk Universe
Annual
Review of Risk
Management
Strategy
Annual Review
of Materiality
Framework,
Risk Portfolio,
Appetite and
tolerance limits
Risk
management
assessment
The Materiality
Framework was
approved by the Board
on 28 November 2014.
The Revised Enterprise
Risk Management
Strategy was approved
at the February Board
Meeting. The Strategic
Risks were approved by
the Board in November
2014 and were
submitted as part of the
Strategic Plan 2015–
2020 in January 2015
and approved by the
Minister of Justice and
Correctional Services in
March 2015.
Risk registers were
compiled for the top
10 strategic risks and
for the top 10 risks
per sector, i.e. Legal,
Finance, Human
Resources and IT, and
submitted to the Board.
In Risk Registers risks
wereidentiiedandassessed and mitigating
controls were listed.
Programme (28) 16: Maintain Fraud Management Practices
P16-1 Fraud
Management
Plan
Zero tolerance
on fraud
Revision of
Fraud Policy
and Plan
based on
best practices
and actual
incidents of
fraud within the
organisation
and other
public entities
One annual
Fraud
Prevention
Strategy and
Annual Fraud
Prevention
Plan
Annual review
of Fraud
Prevention
Strategy and
annual review
of Fraud
Prevention
Plan
The Fraud Prevention
Strategy and Plan
was included in
the Enterprise Risk
Management Strategy
and Plan approved by
the Board in February
2015.
The Legal Aid
South Africa Fraud
Management Policy
(Fraud and Corruption
Management Policy)
was approved by the
Board at its meeting
held on 31 May 2014.
PERFORMANCE INFORMATION
43LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 7: Good governance practices enabling high performance and accountability
STRATEGY xII: MAINTAINING AND ENHANCING GOOD GOVERNANCE
Programme (29) 17: Ensure best governance practice, King III guidelines, compliance with PFMA and other statutory requirements
P17-1 Ensure Best
Governance
Practice, King
III Guidelines,
Compliance
with PFMA and
other Statutory
Requirements
100%
compliance
with statutory
requirements
including Legal
Aid Act and
PFMA
Reviews
conducted in
accordance
with IIA
Standards
Four quarterly
PFMA and
Statutory
Compliance
Reports
Quarterly
PFMA and
Statutory
Compliance
Reports
Four quarterly PFMA
Reports were completed
for the 2014–2015 FY
and 100% compliance to
PFMA were reported.
There was 100%
compliance in quarters
1, 2 and 3. One incident
of non compliance was
discovered by Internal
Audit in quarter 4.
Programme (30) 18: An effective and strategic board providing leadership and oversight of delivery on performance
P18-1 An Effective
and Strategic
Board
Skilled and
properly
constituted
Board and
Board
Committees
that function
effectively
As per
Succession
Plan
One 1. Board
Succession
Plan
implemented
During the 2014–2015
FY the Board of Legal
Aid South Africa was
not fully constituted as
per the Legal Aid Act,
1969 (Act 22 of 1969).
The Board had only 16
members as opposed to
the required 18. There
were two vacancies that
werenotilled,becausethe Board had resolved
to retain the positions
in view of the impact of
the new Legal Aid South
Africa Act 39 of 2014.
Seven Board members
were re-appointed to
the board during the
Financial Year and one
new Board member was
appointed during this
period.
The Legal Aid South
Africa Act (39 of
2014)wasgazettedinDecember 2014. This
replaced the old Legal
Aid Act, 1969 (Act
22 of 1969). In terms
of the new Act, the
meeting of the Board
on 28 February 2015
was the last meeting
of the Board that was
appointed in terms of
the Legal Aid Act (1969).
Also, all members of
the Board of Legal Aid
South Africa who were
full members at the end
of March 2014 were
automatically appointed
into the Transitional
Board from effective
date of the Legal Aid
South Africa Act (2014),
which was 1 March
2015. The term will
terminate on
29 February 2016.
One vacancy was only
renewed by the Minister
in February 2015. As a
result the Board member
missed three meetings
in 2014–2015.
The Board had resolved
to retain two vacancies
in view of the impact
of the Legal Aid South
Africa Act which would
result in a reduction in
thesizeoftheBoard.
PERFORMANCE INFORMATION
44 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Eficientandprofessional
Four Board and
four Committee
Meetings. All
meetings are
quorate
3. Board
Meeting
attendance
In the 2014–2015 FY
four (4) Board meetings
and sixteen (16) Board
Committee meetings
were held.
All meetings were
quorate.
Programme (31) 19: Independent monitoring and oversight unit providing combined assurance
P19-1 Independent
Monitoring
and Oversight
Unit Providing
Combined
Assurance
Internal Audit
coverage of
Audit Universe
to increase by
2% per annum
Development
of coverage
plan in
accordance
with IIA
standards,
takes into
account all
components
of the risk
universe, i.e.
IT, Fraud,
Compliance
and operational
controls
One Audit
Coverage
plan indicating
% (84%)
of universe
covered.
1 Revised
Coverage Plan
during mid-
year, indicating
additional
areas of audit
Implementation
of rolling Audit
Coverage Plan
The 2014–2015 Annual
Coverage was approved
in February 2014. The
plan was later revised
and the revision thereof
approved in November
2014.
As at the end of Q4
2014–2015, 146 out
of 150 projects or
97% of the approved
revised Coverage
Plan were completed.
18 Projects were
completed additional
to the Coverage Plan;
the overall completed
projects totaled 164, or
109%.
Two ad hoc projects
were planned for, only
one was completed.
Four departmental
audits were planned
for, only three were
completed.
The Audit Coverage
Plan for 2015–2016 was
approved by the Board
in February 2015.
Adhocprojects:onlyonemanagement request
was received.
DepartmentalAudits:the HR Departmental
Audit was cancelled as
internal audit schedule
clashedwiththeAG’s.It was replaced by JC
audit focusing on the
same areas as it was
planned for HR.
LQAU Performance
Audits:Thetwoperformance audits
required special skills
and training. The training
was only procured in
February 2015, which
leftinsuficienttimetoplan and execute the
four performance audits,
hence only two were
done.
Objective 8: A recognised, respected, independent and acclaimed Legal Aid brand
STRATEGY xIII: STRENGTHENING AND GROWING A SUSTAINABLE RECOGNISED BRAND
Programme (32) 20: Develop and maintain a strong and recognised Legal Aid brand
P20-1 Brand and
Marketing
Programmes
The level of
branding at
JC points
increased
Accurate and
relevant
One per
quarter per JC/
SO
Branding at
JC points
(including
holding cells)
implemented
Legal Aid South Africa
branded 382 prisons,
over 800 police
receptions and cells,
and over 800 court
cellsandoficesinthereporting period.
In response to concerns
raised on available
branding of Legal Aid
South Africa at JC
points, an assessment
resulted in branding of
prison cells in excess by
59% and court branding
of 23%.
P20-2 Print
Advertising
Increased
knowledge
of Legal Aid
South Africa
services
Informative and
relevant
During national
commemorative
months, i.e
Child Protection
Week,Women’sMonth, 16 Days
of Activism,
Human Rights
Month
Local, regional
and national
print campaign
with key
messaging
Legal Aid South Africa
print advertising was
maintained across the
country with over 50
print adverts placed
in key national and
regional newspapers in
the reporting period.
Print campaign was
increased by 109%
during 2014–2015 as
an attempt to intensify
awareness of Legal Aid
SouthAfrica’sservices,especially with focus
on vulnerable groups,
including children and
women.
PERFORMANCE INFORMATION
45LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
INTERNAL BUSINESS PROCESSES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 9: Delivery and business processes that are client focused, eficient, effective and sustainable
STRATEGY xIV: MAINTAINING A MIxED-MODEL LEGAL AID DELIVERY SYSTEM
Programme (33) 21: To adjust the mixed model service delivery model to improve court coverage and delivery
P21-1 Mixed-model
Service
DeliveryModel:Legal
Access to
justice to
indigent using
mixed model
delivery
systems
New matter
split per
delivery
system –
JC (95%)
Judicare (4%)
& Co-ops and
Agency (1%)
Mixed-model
delivery system
implemented
448 195 new matters
were recorded on our
system during this
quarter. 421 527 (94%)
of these were taken
in by JCs. Judicare
accounted for 5%.
Impact Litigation, Co-
operation Partners and
Agency Agreements
dealt with 1% of our total
new matters.
JC delivery was 1%
lower than target whilst
Judicare delivery was
1% higher than target.
Due to uncertainty
around budget cuts, a
number of vacant posts
werenotilledandsalary savings arising
from these vacancies
were used to increase
delivery via Judicare.
STRATEGY xV: BUILDING ORGANISATIONAL MODELS/STRUCTURES TO OPTIMISE PERFORMANCE AND DELIVERY OF
LEGAL/SUPPORT SERVICES
Programme (34) 22: To review and improve on matrix and risk based management
P22-1 Matrix
Management:Legal
Improved
Matrix
Management:National
Operations
JCEs spend
>80% of
time on legal
services
delivery issues
Improved focus
by JCEs on
legal services
delivery issues
A JC management
survey that was
conducted during
Q4 of FY 2014–2015
conirmedthat63(98%)of our JCEs spend more
than 80% of their time
on legal service delivery
matters.
The one JCE who
reported devoting a lesser
amount of time to legal
service delivery indicated
that the reason for this
was because her Admin
Manager was currently
on suspension and she
had to oversee the admin
component at the JC.
STRATEGY xVI: MAINTAINING A REGULATORY FRAMEWORK INCORPORATING BEST PRACTICES
Programme (36) 23: Implement an updated and approved Legal Aid Act and Legal Aid Guide
P23-1 Legal Aid Act The enactment
of a revised
Legal Aid Act
to ensure
better access
to justice to
indigent people
of SA
In keeping with
current needs
New enacted
Legal Aid Act
Ensure that
steps are taken
to ensure that
the new Legal
Aid Act is
promulgated
and
operationalised
The Legal Aid South
Africa Act 39 of
2014wasgazettedin December 2014
and was brought into
operation on 1 March
2015. The transitional
arrangements have
been implemented to
ensure the continuance
ofeffectiveandeficientgovernance structures
and operations.
P23-2 Legal Aid
Guide
Update Legal
Aid Guide
(LAG) and
circulars
that align to
operational and
client needs
Relevant to
client needs
2014 Legal
Aid Guide
and circulars
as approved
by the Board
implemented
(as required)
Parliament
approval of
2014 LAG
facilitated
Circulars
updating Legal
Aid Guide
The 2014 LAG, as
ratiiedbyParliamentand implemented in
thepreviousinancialyear, was amended as
per Circular 1 of 2015
in accordance with
the amendments as
approved by the Board.
The Legal Aid Guide
2014 will remain valid
for a period of two years
from 1 March 2015
while the Regulations
and Manual are being
prepared in conjunction
with the Department of
Justice and Constitutional
Developments Legislative
Drafting Unit.
PERFORMANCE INFORMATION
46 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
INTERNAL BUSINESS PROCESSES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
The 2014 LAG can no
longer be amended in
terms of Section 3B of
the repealed Legal Aid
Act. It must be replaced
by the regulations and
manual as prescribed by
the new Legal Aid South
Africa Act.
Programme (37) 24: Review and improve Policies, Procedures and SOPs: support and legal
P24-1 Policies,
Procedures
andSOPs:Legal
Update Legal
SOPs that align
to operational
needs
Relevant to
operational
needs
2014–2015
Legal SOPs as
approved by
LSTC
Revised Legal
and IT system
SOPs to
ensure they
align with
current policies
and procedures
Legal SOPs are updated
regularly to keep up with
changes in the business
environment. A formal
review of the legal
SOPs was undertaken
in Quarter 1 of the
2014–2015 FY, which
was approved by both
LSTC and Management
EXCO.
Objective 10: An effective and eficient, economic and environmentally responsive supply chain management system supporting client services delivery and internal business processes
STRATEGY xVII: MAINTAINING STRONG FINANCIAL MANAGEMENT AND SUPPLY CHAIN MANAGEMENT
Programme (38) 25: Maintain a strong inancial and supply chain management (including Judicare)
P25-1 Supply Chain
Management
SCM to be
relevant,
effective and
compliant with
PFMA
Compliance
with PFMA and
SCM Policy
of National
Treasury
BAC meetings
held at least
once a month
Functional and
effective SCM
committees
BAC decisions
implemented
BAC provided support
and advice to business
on all SCM issues
and ensured that the
organisation complies
with relevant legislation.
Functional SCM
committees were in
place throughout the
period under review.
There were 10 BAC
meetings held during
theinancialyear2014–2015.
Number of resolutions
were 42 and 36 thereof
were implemented.
The six that were not
implemented arose from
delaysininalisingleasecontracts because of
expired tax clearance
certiicatesaftertheaward but before
signature of contracts
andthesecertiicatesrequired renewals.
Objective 11: Management information that is accurate, reliable and timeous
STRATEGY xVIII: DEVELOPING AND ENHANCING ACCURATE AND RELIABLE MANAGEMENT INFORMATION SYSTEMS
Programme (40) 26: Maintain integrated, accurate and timeous management information (Support and Legal functions)
P26-1 National
Operations
Management
Information
Updated
integrated
management
information
available
quarterly
Accurate and
complete
Monthly Legal Services
Delivery – MIS
Monthly reports
on service delivery
information were
produced and published
to a central location
on our intranet. This
was available to all JC
managers. Selected
reports were also
submitted to LSTC.
PERFORMANCE INFORMATION
47LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 12: An expanded and capacitated/resourced national footprint reaching the poor and vulnerable persons requiring legal assistance
STRATEGY xIx: MAINTAININGTHE NATIONAL FOOTPRINT
Programme (42) 27: Expand and maintain the national footprint, including the physical and ICT service points, to improve access, especially in rural areas
P27-1 National
Footprint –
Expansion/
Maintenance
National
footprint of
Legal Aid
South Africa
extended/
maintained
Number of
JCs and SOs
increased
(dependent on
funding)
Expansion/
maintenance
of the national
footprint
The national footprint
of Legal Aid South Africa
currently comprises 64
JCs,
64SatelliteOfices, 13 HCUs and 13 civil
units.
There were no changes
made to the national
footprint during this
FY.Allouroficeswerehowever well maintained
during this period.
Our motivation to secure
additional MTEF funding
to increase our national
footprint was not
successful.
STRATEGY XX: DEVELOPING AND EXPANDING THE LEGAL QUALITY AND EXPERTISE, FOR EACH SEGMENT OF THE NATIONAL FOOTPRINT
Programme (45) 28: To implement interventions to improve and monitor the quality of legal services to deliver desired outcomes
P28-1 Quality
Assessment
Reviews
Quality targets Qualitytargets:CAs:=80%PAs:=85%HCUPAs: = 90%
Legal
Management:= 90%
Paralegals: = 85%
Legal Aid
Advice Line
Agents:Paralegals: = 85%
PAs:=90%
Quarterly
(unless other
time periods
speciiedinsupervision
differentiation
model as part
of our support
requirements
assessment
programme)X– ref P46-1
Quality
assessment
reviews
conducted both
by JCs as well
as LQAU
All regions achieved
their quality targets
for CAs. The average
quality score by our
Legal Quality Assurance
Unit (LQAU) and Justice
Centres(JC)forilereviews was 87% and
86% respectively.
The JC score for
court observations
averaged 88%. The
LQAU conducted court
observation audits in all
regions and an average
of 90% was achieved.
Eight CAs representing
2% of the total reviewed,
failed to meet the quality
target.
Our quality monitoring
and intervention
programmes has
contributed positively
in ensuring improved
performance by CAs
with regards to meeting
our legal quality
requirements.
All regions achieved
their quality targets
for PAs. The average
quality score by our
LQAU and Justice
Centresforilereviewswas 90%. The JC and
LQAU score for court
observation was 92%
and 93% respectively.
Eight PAs or 2% of the
sample reviewed did
not meet their quality
target.
Our quality monitoring
and intervention
programmes has
contributed positively
in ensuring improved
performance by PAs
with regards to meeting
our legal quality
requirements.
PERFORMANCE INFORMATION
48 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
All regions achieved
their quality targets for
HCU PAs.
The average quality
score by our Legal
Quality Assurance Unit
and Justice Centres for
ilereviewswas94%and 93% respectively.
Only four regions
performed court quality
reviews and the average
score achieved was
93%. One HCU PA
failed to meet the quality
target.
Our quality monitoring
and intervention
programmes has
contributed positively
in ensuring improved
performance by PA
HCUs with regards to
meeting our legal quality
requirements.
All but one civil PA
reviewed achieved their
quality targets.
The average quality
score by our LQAU
andJCsforilereviewswas 90% and 89%
respectively. The
average score for court
quality as assessed by
JC Management was
94%.
Our quality monitoring
and intervention
programmes has
contributed positively
in ensuring improved
performance by PA
Civil with regards to
meeting our legal quality
requirements.
All regions achieved
their quality targets for
legal managers. The
average quality score by
both our LQAU and JCs
forilereviewswas92%.The average score for
court quality was 94%
and 96% respectively.
12 legal managers
(14%) failed to reach the
quality target.
Our quality monitoring
and intervention
programmes has
contributed positively
in ensuring improved
performance by JC
Management with
regards to meeting
our legal quality
requirements.
All Call Centre agents
achieved their quality
targets. The average
score for paralegals was
89% while that of Call
Centre PAs was 90%.
Programme (46) 29: To strengthen and expand legal expertise required for delivery of desired quality outcomes
P29-1 Legal Training Legal training
targets
Legal Training
Targets:CA:36hoursPA:subjecttosupport needs
proile
Legal training
targets
achieved
CAs attended 41 619
hours training which is
124% higher than the
target training hours of
18 619 hours.
The CA training
statistics also includes
CA beginner training
sessions, as well as
Saturday Board exam
training sessions.
Because of our focus
on improving CA
performance, including
their performance in
attorney admission
examinations, CAs are
required to attend all
sessions irrespective if
their targets have been
attained.
PERFORMANCE INFORMATION
49LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
PAs attended 20 694
hours training which is
57% higher than the
target training hours of
13 174 hours.
There is a tendency
amongst practitioners
to attend all training
sessions that are
arranged at our JCs,
notwithstanding the
fact that in terms of
their support needs
requirements, they do
not have to attend all
sessions.
PA HCUs attended
2 496 hours training,
which is 92% higher
than the target training
hours of 1 299.
LDD training is covered
in P31-1.
There is a tendency
amongst practitioners
to attend all training
sessions that are
arranged at our JCs,
notwithstanding the
fact that in terms of
their support needs
requirements, they do
not have to attend all
sessions.
Programme (49) 30: Independent Legal Quality Assurance (LQA)
P30-1 Legal Quality
Assurance
(LQA)
Independent
assurance on
quality of legal
practitioners
and paralegals
(JC, Judicare,
Impact,
Corporate and
Advice Line)
LQA Audit
coverage to
review all
practitioners
on a two-year
cycle
% of universe
coverage
Deineandstratify
population,
across various
categories
of legal
professionals
which will
enable
meaningful
interpretation of
results, at JC,
regional and
national level.
Annually 1. Annual Audit
Coverage
Plan
implemented
2. Individual
Practitioner
Reports
3. Quarterly
Reports on
LQA that
graphically
illustrate
trends and
risks
The LQAU Coverage
Plan for 2014–2015 was
approved by the Board
in February 2014. The
LQAU Coverage plan
for 2015–2016 was
approved by the Board
in February 2015.
Four quarterly LQAU
reports were compiled
and tabled at the Board.
Individual practitioners
reports were generated
for each practitioners
assessed. The reports
were sent to the
individual practitioners
and their respective
managers.
In the Financial Year
under review the unit
targeted 64 JCs for
ileassessments.880internal practitioners,
167 court observations,
81 JC paralegal
observations, nine call
centre agents and 63
Judicare practitioners
were assessed during
theinancialyearresulting in 97% of the
annual coverage plan
being completed as at
the end of March 2015.
96% of the practitioners
assessed met the
minimum target set.
The target coverage of
100% not being
attained can be
attributedtoivetheLegal Quality Auditors
being asked to extend
their leave in January
2015 to comply with HR
Policy for employees
not to have leave days
in excess of 10 days
by the end of March
2015. There was also
aninsuficientsampleof Judicare trial matters
being available to
assess; miscalculations
in respect of JC
paralegals, which
willberectiiedinthenew FY by assessing
an additional four JC
paralegals.
PERFORMANCE INFORMATION
50 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 13: Committed, competent and dedicated employees empowered to deliver the organisations mandate and strategies
STRATEGY xxI: DEVELOPING TALENT AND IMPROVING COMPETENCIES TO SERVE BUSINESS NEEDS AND INTEGRATING COMPETENCIES
INTO RELATED PROGRAMMES
Programme (51) 31: Competency and skills development (Legal staff)
P31-1 Competency
and Skills
Development
Legal
Practitioners
competencies
match their
deployment
Assessed
skills improved
appropriately
Legal (Legal
Development)
Training hours
target of 15
hours per
admitted legal
practitioner
and 10 hours
per paralegal
calculated
at a 96%
recruitment
rate
Skills audit
conducted
The Criminal and Civil
management teams
wereidentiiedforthelegal skills audit in this
inancialyear.Theaudit was deferred
to the 2015–2016
inancialyearastheLegal Competency
Framework required
development before a
proper skills audit could
be conducted.
The Legal Competency
Framework is in
development as a joint
HR and LDD project.
The legal competency
framework for these
management positions
is critical in developing
a relevant skills audit
for these management
positions.
The Legal Training
Unit held 30 training
coursesintheinancialyear 2014–2015, which
were attended by 634
legal managers and
practitioners and 62
paralegals. The actual
training hours achieved
were 11 308 hours,
which was 54% of the
annual legal training
hours target.
The increasing cost of
training courses as well
as associated travel and
accommodation costs
have impacted on the
face to face training
hours. In addition the
focus on four core
training courses reduced
the total number of
courses that was
previously presented.
The full training budget
was utilised but the LDD
training hours target
was not attainable at
this level of funding.
The focus has therefore
moved to e-learning and
self learning courses/
modules to supplement
the face to face legal
development training
hours.
Training
curriculum
The current legal
training curricula for DC
PAs, RC PAs and Civil
PAs remain relevant
and no revisions were
effected. A Legal
Competency Framework
is in progress and once
completed will require
the legal practitioner
training curriculum to be
reviewed and revised to
align thereto.
PERFORMANCE INFORMATION
51LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 14: A learning and lexible organisation growing its own knowledge base to optimise performance
STRATEGY xxII: LEVERAGING INSTITUTIONAL KNOWLEDGE TO REMAIN SMART AND EFFECTIVE
Programme (52) 32: Build a learning and innovative organisation (including implementing a knowledge management strategy)
P32-1 Knowledge
Management
Strategy
Knowledge
management
improved
Effective
knowledge
management
mechanisms
Six Share Point
Fora
Single
Document
Precedent
Bank
maintained
Develop
a learning
organisation
There is a single
Consolidated Knowledge
Repository on
the Intranet (AI), which
consistsof:1. Seven SharePoint
Discussion Forums
for Criminal, Civil,
Children Civil,
Labour, Land and
Administration of
Estates
2. Jutastat and
LexisNexis
Electronic Library
3. Website links
for SAFLI, Law
Societies, SCA and
Constitutional Court
4. CA Exam Papers
and Model Answers
5. Legal Newsletters
6. Legal Support
Programme
Information
7. Legal Research
Papers
8. Self Learning
Modules
9. E-Learning Modules
10. Standard Operating
Procedures
Legal document
Precedents and Forms
are available on
LexisNexis/Jutastat
in Amlers Precedents
of Pleadings, Becks
Theory and Principles
of Pleadings in Civil
Actions, etc. A single
document precedent
bank has also been
maintained.
Legal newsletters and
case law discussions
are placed on an internal
blog to ensure greater
engagement by
all legal practitioners in
ongoing learning.
PERFORMANCE INFORMATION
52 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 15: An organisation based on a people centred culture
Objective 16: An Employee Value Proposition able to recruit and retain the best talent to deliver the organisations mandate/ strategies
STRATEGY xxIII: STRENGTHENING AND STIMULATING THE DEVELOPMENT OF A PEOPLE CENTRED VALUES-BASED CULTURE
Programme (53) 33: Employer brand
P33-1 Internal
Communica-
tions
Communi-
cations
strategy and
programme
reviewed
annually
Informative and
relevant
Once per
annum
A reviewed
internal com-
munications
plan linked to
brand employer
Internal Communications
plan, with brand
internalisations
programmes were
implemented. An internal
BLOG (interactive
and informative) was
implemented. There
were 41 social media
posts. Improvements
were made relating to
theintranetandproilingof brand ambassadors
including senior lawyers
in the reporting period.
Thirteen Internal
communications to
staff in relation to
the eLAA project
provided information
on critical issues and
updates. Legal Aid
Talk continued to be
used as a tool to relay
performance internally
atJCs,regionaloficeandNationalOficelevel. About 23 SMS
messages were sent
out for promotion of
awareness of Legal Aid
SouthAfrica’sservicesand also on key national
programmes related to
human rights. Payslips
were used to distribute
10 varying messages
to staff.
STRATEGY xxIV: DEVELOPING AND IMPLEMENTING AN EMPLOYEE VALUE PROPOSITION ABLE TO RECRUIT AND RETAIN THE BEST
TALENT AND CULTURE FIT
Programme (55) 34: Maintain a Competitive Rewards and Remuneration System
P34-1 Remuneration
and Reward
System
Review/
benchmark
legal/support
salaries
Appropriate
competitive
salaries
Salary benchmark was
conducted in the prior
inancialyear.Giventheeconomic outlook, no
further salary benchmark
was undertaken in the
currentinancialyear.
Financial constraints.
PERFORMANCE INFORMATION
53LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 17: A values-based and ethical leadership inspiring and harnessing the contribution of employees for sustainable performance
geared to serve clients’ needs
STRATEGY xxV: DEVELOPING VALUES-BASED AND AUTHENTIC LEADERSHIP TO ENSURE SUSTAINED HIGH PERFORMANCE TO DELIVER
ON OUR MANDATE
Programme (56) 35: Develop and maintain a value-based leadership pipeline
P35-1 Value-based
Leadership
pipeline
Updated
Leadership
Programme
implementation
Values-based
Leadership
programme
aimed at
developing
authentic
leadership
One
Leadership
programme
Programme
developing
and stimulating
authentic
leadership
in action
implemented
During Q1, the
Leadership Development
Programme focused
on the competencies
relating to Collaboration,
InluencingandNetworking. Leadership
conversations were held
using research material
provided regarding these
aspects.
During Q2 the Leadership
Development Three Year
Programme focused
on training for the
SPA leadership group.
This was supported
by psychometric
assessments on
Emotional Intelligence
and Leadership Styles
for the group which
assisted in identifying
developmental
gaps. Performance
Management and
building high performance
teams using performance
management tools
training was rolled out
for the SPA leadership
group.
During Q3, a coaching
readiness assessment
was conducted for
all SPAs and other
leadership groups.
Basedontheindingssupport resources and
material was developed.
Each leader was then
personally engaged with
regards to their unique
support pack and to
initiate the coaching
programme with
subordinates. Each SPA
signed Memoranda of
Understanding with their
sub-ordinates.
During Q4, the
Leadership
Development
Programme focused
on the competencies
relating to self renewal,
resilience and corporate
social responsibility.
Leadership
conversations were held
using research material
provided regarding
these aspects.
PERFORMANCE INFORMATION
54 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 18: A modern, integrated, secure and effective IT Platform facilitating client services and linkages and enabling internal business needs
STRATEGY XXVI: BUILDING AN INTEGRATED, STABLE AND RELIABLE IT PLATFORM SERVING CLIENTS NEEDS AND INTERNAL BUSINESS NEEDS WITHIN BUDGET CONSTRAINTS
Programme (57) 36: Improve IT network, hardware and software infrastructure (including to support knowledge management)
P36-1 IT Network Stable and
Reliable Wide
Area Network
(VPN)
Improved and
stable wide
area network
All sites
connect to the
VPN WAN.
95% VPN WAN
Availability.
Improved user
satisfaction
with system
performance
VPN WAN availability
for FY 2014–2015 was
95,7%, which is 0,7%
above the 95% target.
Programme (58) 37: Modernise Information and Communication Technology (ICT) client platform including for effective social
media networking
P37-1 IT Governance IT governance
reviewed
annually to
best practice
Up-to-date IT
Governance
practice
Review all
policies and
procedures
ICT
programmes
delivered as
per reviewed
IT governance
framework
IS Polices were
reviewed and approved
by Board in November
2014. IS Procedures
were approved by
Management Exco in
the period under review.
ICT programmes were
all delivered in line
with the reviewed IT
governance framework.
PERFORMANCE INFORMATION
Taking legal services to people’s doorsteps.
55LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5. Summary of Financial Information
Table 06: Summary of Financial Information
Revenue collections
2014–2015 2013–2014
Estimate Actual
amount
collected
Over/(under)
collection
Estimate Actual
amount
collected
Over/(under)
collection
Sources of revenue
Grant 1,465,908,020 1,504,708,000 38,799,980 1,360,682,000 1,375,442,000 14,760,000
Interest 17,500,000 26,944,899 9,444,899 17,500,000 21,742,220 4,242,220
Commission and
legal fees received/
recovered
167,266 167,266 - 129,924 129,924
Proitondisposalofassets
2,135,176 2,135,176 - 3,404,082 3,404,082
Sundry income 1,947,216 1,947,216 - 2,581,931 2,581,931
Bad debts recovered - - - 1,228 1,228
1,483,408,020 1,535,902,557 52,494,537 1,378,182,000 1,403,301,385 25,119,385
Note:
1. The R38,8 million surplus under grant received in 2014–2015 is due to additional funds received for eLAA system development
(IJS funding) of R19,5 miilion, and funding for Court expansion programme DoJ – R19,3 million.
2. The R9,4 million under Interest is additional interest received from the Reserve Bank – Corporation for Public Deposits (CPD)
on funds invested with them. This is due to higher interest received by CPD than estimates thereof.
3.TheR2,1millionisproitrealisedfromsaleofoldandfullydepreciatedassetsdisposedduringthe2014–2015inancialyear.
4. The R1,9 million surplus that is included in the sundary income is mostly income, recoveries from other operations.
PERFORMANCE INFORMATION
56 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Programme expenditure
The Budget is in terms of the cash basis while the expenditure is on the accrual basis.
2014–2015 2013–2014
Budget Actual
expenditure
(Over)/under
Expenditure
Budget Actual
expenditure
(Over)/under
Expenditure
Programme name
Client, community,
stakeholders and
shareholders
933,181,635 920,995,878 12,185,757 989,213,337 967,405,851 21,807,486
Finance and
sustainability
23,846,129 23,846,129 - 22,838,326 22,838,212 114
Business processes
(internal)
12,861,654 12,861,654 - 14,486,976 14,486,976 -
Employee and
organisational capacity
and innovation and
learning
570,277,046 462,075,875 108,201,171 328,568,315 262,453,679 66,114,636
Additional
programmes
98,456,508 98,456,508 - 113,390,470 113,205,703 184,767
1,638,622,972 1,518,236,044 120,386,928 1,468,497,424 1,380,390,421 88,107,003
Judicare commitments 92,533,784 82,652,920 9,880,864 97,772,582 97,697,866 74,716
1,731,156,756 1,600,888,964 130,267,792 1,566,270,006 1,478,088,287 88,181,719
Note:
The R130 million under expenditure is due to Commitments of R64.8 million for which rollover has been requested, surplus of
R33.8 million comprising of R7.1 million from vacant posts and/or late implementation of improvements in conditions of service,
additional R9.4 million due to over recovery on interest received from Corporation for Public Deposits, R1.8 million from sale of
old assets, R9.2 million savings from annual leave provision, R6.1 million savings from operations and depreciation of R23 million,
R15 million from audit adjustment on the judicare.
PERFORMANCE INFORMATION
57LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PERFORMANCE INFORMATION
Capital investment, maintenance and asset management plan
2014–2015 2013–2014
Budget Actual
expenditure
(Over)/under
Expenditure
Budget Actual
expenditure
(Over)/under
Expenditure
Infrastructure
projects/capital
assets
Building improvements 1,187,051 1,187,051 - 651,780 594,456 57,324
Computer hardware 35,472,207 27,319,401 8,152,806 22,847,893 13,063,741 9,807,561
Computer software 20,715,885 1,302,429 19,413,456 12,278,120 580,015 11,698,105
Furniture and
equipment
1,914,312 1,773,721 140,591 737,765 708,021 29,597
Leasehold
improvements
7,126,267 6,972,500 153,767 1,747,527 1,747,527 -
Motor vehicles 18,572,866 14,971,588 3,601,278 4,777,782 4,592,715 185,067
Land and buildings 26,354,927 - 26,354,927 12,000,000 - 12,000,000
111,343,515 53,526,689 57,816,826 55,040,867 21,286,475 33,777,653
Note:
1. The under expenditure in computer hardware and computer software is due to commitments relating to procurement of
computersandeLAAsystemsdevelopmentprojectsbutnotinalisedand/ornotdeliveredatyearend.Theamountshavebeen requested for rollover.
2. The under expenditure on motor vehicles is due to non delivery of vehicles by year end as the supplier did not have stock.
These were delivered after year end.
3.Thenonexpenditureonlandandbuildingisduetolenghtyandcomplexprocurementprocesseswhichcouldnotbeinalisedat year end. These funds have therefore been requested for roll over.
58 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
59LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTC:GOVERNANCE
60 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Introduction
Legal Aid South Africa remains committed to the
implementation of sound corporate governance practices
and ensures that these are reviewed on an ongoing basis
in order to comply with the legal obligation to use funds in
aneconomic,eficientandeffectivemanner.Processesareunderpinned by the principles of openness, integrity and
accountability and an inclusive approach that recognises the
importance of all stakeholders with respect to the viability
and sustainability of Legal Aid South Africa.
2. Portfolio Committees
Legal Aid South Africa briefed the Portfolio Committee on
Justice and Constitutional Development twice during the
period under review. The brieings focused on presentingthe Legal Aid South Africa Strategic Plan 2012–2017, Annual
Performance Plan 2014–2015 and the Budget 2014–2015 on
3 July 2014, and the Legal Aid South Africa Annual Report
2013–2014 on 17 October 2014. The Portfolio Committee
commended the organisation on its excellent performance.
3. Executive Authority
Legal Aid South Africa submitted four quarterly performance
reports to provide progress updates on the implementation
of the Annual Performance Plan 2014–2015 to the Executive
Authority, in compliance with the Framework for Strategic
and Annual Performance Plans. The Legal Aid South Africa
Annual Report 2013–2014 was submitted to the Executive
Authority, Parliament, National Treasury and the Auditor-
General in accordance with section 55(1)(d) of the PFMA.
Four quarterly PFMA and statutory compliance reports were
submitted to the Executive Authority.
4. The Accounting Authority
(Board)
4.1. THE BOARD OF DIRECTORS
The composition of the Board of Legal Aid South Africa
is determined by the Legal Aid Act (Act No 22 of 1969 as
amended), which provides for the appointment of 18 board
members from various constituencies by the Minister of
Justice and Correctional Services and the President of the
Republic of South Africa. On 1 March 2015 a new Legal Aid
South Africa Act 39 of 2014 came into effect.
The Board is the accounting authority of Legal Aid
South Africa in accordance with section 49 of the Public
Finance Management Act (PFMA), and is charged with
the responsibilities referred to in section 51 of that Act.
The key responsibilities of the Board are to provide ethical
leadership, including setting the strategic direction and
approving the strategic plan and business plans and
monitoring the operational performance of the organisation.
The Board needs to make timely strategic decisions to
ensure operations are in line with Strategy it approved, to
ensure that the right people with the appropriate skills mix
areappointed,toensuretheintegrityofinancialinformationand the robustness of inancial and other controls andto oversee the management of risk and review of the risk
management policies and the effectiveness of the risk
management processes. The Board acts as the focal point
for, and custodian of, corporate governance and provides
ethical leadership characterised by the principles of fairness,
accountability, responsibility and transparency and ensures
that it manages its relationship with management and
stakeholders along sound corporate governance principles.
The Board also determines and approves policies, ensuring
compliance with laws, rules, codes and standards as well
as governance of Risk Information and Technology. Non-
executive directors are expected to provide an effective
monitoring role and to provide help and advice on critical
matters affecting the Legal Aid South Africa business.
Meetings of the Board and its Committees are convened
quarterly. At these meetings management reports on
compliance with policy and its achievements against
objectives, and strategic and policy decisions are made by
the Board. A structured approach is followed for delegation,
reporting and accountability, which includes reliance on
various Board Committees. The Board held four meetings
and each of the four Board Committees held four meetings
prior to the Board meetings, in accordance with the corporate
governance schedule.
The Board functions in accordance with the approved Board
Charter that is reviewed on an annual basis. The Board
complied with its responsibilities as set out in the Legal Aid
South Africa Board Charter. The Board assessed its own
performance, through a Board self-evaluation in quarter
four of the year under review. The Charter details Board
succession, the selection of Board members and their
induction as well as the evaluation of the Board.
The term of ofice of the non-executive directors is threeyears. Since the composition of the Board is determined by
the Legal Aid Act, this function is dependent on the Minister of
Justice and Constitutional Development, and Parliament for
anychanges.Asattheendoftheinancialyear2014–2015the Board of Legal Aid South Africa was not fully constituted
as per the Legal Aid Act, 1969 (Act 22 of 1969) (the Board
had only 16 members as opposed to the required 18).
There were two vacancies that were not illed, becausethe Board had resolved to retain the positions in view of
the impact of the new Legal Aid South Africa Act, Act 39 of
2014. Seven Board members were re-appointed to the Board
during theinancial yearandonenewBoardmemberwasappointed during this period.
GOVERNANCE
61LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The termof oficeof theBoard, in termsof LegalAidAct,1969 ended on the 28 February 2015. On 1 March 2015 the
new Legal Aid South Africa Act, 2014 came into effect and
with it the entire Board was appointed as the Transitional
Board,whose termofoficewillendon28February2016.
The CEO also joined the Board as an executive director and
three executive directors, who are still to be appointed by
the Minister of Justice and Correctional Services, will also
become executive directors of the Board. The composition of
the Board is detailed below.
Designation Date Appointed Date Resigned
Qualiications Area of Expertise
Number of Meetings Attended
Judge President Dunstan Mlambo
Director:Board Chairperson
1 March 2015 re-appointed into Transitional Board
- BProc (University of the North) Law 4
Judge Edwin Molahlehi (Deputy Chairperson)
Director:Deputy Chairperson
14 February 2012 (re-appointed)
31 May 2014
BA Law (University of Lesotho)LLB (University of the Witwatersrand)LLM Labour Law (USA)
Law 1
Mr Jan Maree(Chairperson of Remuneration, Social & Ethics Committee)
Director 1 March 2015 re-appointed into Transitional Board
- BCom LLB (University of the Free State)
Law 4
Ms Nonhlanhla Mgadza(Chairperson of Audit Committee)
Director 1 March 2015 re-appointed into Transitional Board
- BCom(UniversityofSwaziland)MBA (De Montfort University – UK)
FinanceInternal Auditing
4
Prof. Yousuf Vawda(Chairperson of Legal Services Committee)
Director 1 March 2015 re-appointed into Transitional Board
- BA (University of Durban-Westville)BProc (University of South Africa)LLM (University of Durban-Westville)LLD (UKZN)
Law 4
Adv. Pieter A du Rand
Director Ex-oficiore-appointed into Transitional Board
- BProc (University of the Free State)LLB (University of South Africa)
Law 4
MsNontuthuzeloMemka
Director 1 March 2015 re-appointed into Transitional Board
- BProc (University of Durban-Westville)
Law 4
Table 07: The Composition of the Board Appointed in Terms of Legal Aid Act, 1969
GOVERNANCE
Mr Jan Maree
From left: Mr Nkosana Mvundlela, Ms Berlina Mxakwe, Ms Renuka Subban, Professor Yousuf Vawda, Ms Nontuthuzelo Memka, Advocate Kameshni Pillay, Judge
President Dunstan Mlambo, Mr Willie Scholtz, Ms Marcella Naidoo, Advocate Pieter Du Rand, Ms Mavis Monama, Mr Mvuzo Notyesi, Ms Nonhlanhla Mgadza,
Ms Thulisile Mhlungu and Ms Vidhu Vedalankar.
Ms Aneline Rhoda
62 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Designation Date Appointed Date Resigned
Qualiications Area of Expertise
Number of Meetings Attended
Ms Thulisile Mhlungu Director 1 March 2015 re-appointed into Transitional Board
- BProc (University of Natal)LLB (University of Natal)
Law 3
Ms Berlina Mxakwe Director 1 March 2015 re-appointed into Transitional Board
- BCom (University of Bophuthatswana)BCompt Honours (University of South Africa)Chartered Accountant SA
Finance 4
Ms Marcella Naidoo Director 1 March 2015 re-appointed into Transitional Board
- BSocSci (University of Cape Town) Social WorkHuman Rights
4
Adv. Kameshni Pillay Director 1 March 2015 re-appointed into Transitional Board
- BA, LLB, LLM (University of the Witwatersrand)
Law 3
MrMvuzoNotyesi Director 1 March 2015 re-appointed into Transitional Board
- BProc, LLB (University of Transkei) Law 2
Ms Aneline Rhoda Director 1 March 2015 re-appointed into Transitional Board
- BSocSci (University of Cape Town)Honours:IndustrialandOrganisational Psychology (University of the Western Cape)Masters:IndustrialandOrganisational Psychology (University of the Western Cape)
Psychol-ogyHuman Resource Manage-ment
1
MrWillieScholtz Director 1 March 2015 re-appointed into Transitional Board
- Technology and Business Leadership Programme (IBM International Academy and Harvard Business School)Executive Management Programme (University of Cape Town Graduate School of Business)Financial Management and Corporate Strategies (IBM, Harvard, Wits Business School)Management of Information Technology (IBM, Harvard Business School)
Technol-ogyBusiness Manage-ment
4
Ms Renuka Subban Director 1 March 2015 re-appointed into Transitional Board
- BA, LLB (University of Durban-Westville), Diploma in Human Rights (Lund University, Sweden)
Law 3
Mr Tshifhatuwo Tshivhase
Director 20 June 2012Ex-oficio
30 June 2014
BJuris (University of Venda)LLB (University of the North)
Law 1
Ms Mavis Monama Director 1 July 2014re-appointed into Transitional Board
- LLB (University of the North) Law 2
Mr Nkosana Mvundlela
Director 1 March 2015 re-appointed into Transitional Board
- BA Law (University of Venda)LLB (University of Venda)Diploma in Corporate Law (University of Johannesburg)
Law 2
Adv. Rudolph Jansen Director(Alternate)
1 March 2015 re-appointed into Transitional Board
- BCom (Accountancy) (University of Pretoria)BProc (University of South Africa)Advance Diploma in Labour Law (University of Johannesburg)
Law 1
Mr Johan Janse van Rensburg
Director(Alternate)
1 March 2015 re-appointed into Transitional Board
- BCom (Accounting) (University of Pretoria)BProc (University of South Africa)Advanced Diploma in Labour Law (University of Johannesburg)
Law 1
GOVERNANCE
63LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
4.2. BOARD COMMITTEES
The Board of Legal Aid South Africa has four Committees,
which assist the Board to discharge its responsibilities and
are accountable to the Board. Each Committee has a Charter
that details its responsibilities and duties and the Board
has reviewed and approved the terms of reference of each
Committee during the period under review.
The membership of the Committees comprises non-
executive directors. In addition to non-executive directors,
the Audit Committee and the Remuneration, Social and
Ethics Committee have members that are not members of
the Board, but that serve as independent members of the
Committees. The Board appoints them and determines their
termofofice.
Like the rest of the Board members, they are remunerated in
terms of the schedule released each year by the Minister of
Justice and Correctional Services.
4.2.1. Board Executive Committee
The primary purpose of the Board Executive Committee is to
serveasthestrategicandinancecommitteeoftheBoard,toguide and control the overall direction of the business of Legal
Aid South Africa and act as a medium of communication and
co-ordination between the Board and Management, as well
astoassisttheBoardinfulillingitsresponsibilitybymakingdecisions on behalf of the Board when the Board is not in
session. The Board takes regular cognisance of authorities
delegated to the Board Executive Committee by means of
resolutions.
The responsibility for the risk management and oversight
function is delegated to the Board Executive Committee,
and in performing this role the Committee oversees the
development and annual review of a policy and plan for
enterprise risk management. Board Executive Committee
monitors implementation of the policy and plan for risk
management.
4.2.2. Audit Committee
The primary purpose and composition of the Audit Committee
is discussed on page 70.
4.2.3. Remuneration Social and Ethics Committee
The primary purpose of the Remuneration Social and Ethics
CommitteeistoassisttheBoardinfulillingitsresponsibilityto:a) Ensure that executive, management and Legal
Aid South Africa staff in general are appropriately
rewarded for their work in a manner that will ensure,
as far as possible, the recruitment, retention
and motivation of people with the skills that the
organisation needs.
b) Oversee the implementation of a competitive Human
Resources Strategy, sound Labour Relations Strategy,
Employment Equity Plans, Skills Development Plans,
the Leadership Programme, which is able to attract,
retain and develop the best talent to support higher
organisational performance.
c) Ensure organisational conformance with fair labour
practice and national legislation regulating the rights
and obligations applicable between employers and
employees.
d) MonitorLegalAidSouthAfrica’sactivitiesandreportto the Board in respect of prevailing codes of best
practices on social and ethical responsibilities.
e) Oversee the design, implementation and monitoring
of employment equity plans.
4.2.4. Legal Services Committee
The Committee maintains oversight of the legal aid services
provided by Legal Aid South Africa. The primary purpose
of the Legal Services Committee is to assist the Board in
fulillingitsresponsibilityto:a) Ensure that the legal aid scheme is lawful, sustainable
and responsive to the needs of the people in South
Africa in line with the Constitutional mandate;
b) Ensure that the legal aid scheme is administered in
a manner that ensures that it is accessible and client
sensitive;
c) Ensure a continuous improvement in the quality of
the legal service offering;
d) Ensure adequate national coverage by the legal
aid scheme in relation to the demand for legal aid
services; and
e) Foster productive relationships with the relevant legal
professional bodies and other stakeholders.
The composition of the Board Committee membership is
indicated in the following table.
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64 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The remuneration level of Board members is determined
by the Minister of Justice and Constitutional Development
in consultation with the Minister of Finance. Non-executive
directors receive fees for their contribution to the Board and
the Committees that they are members of with the exception
of those non-executive who are in the full time employ of
the state.
FordetailsonBoardmembers’andExecutiveManagementmembers’ emoluments for the inancial year ending 31 March 2015 refer to the notes to the Annual Financial
Statements on pages 140 to 141.
5. Risk Management
Legal Aid South Africa is committed to effective risk
management and acknowledges that managing risk is
key to our organisational maturity and sustainability.
The Enterprise Risk Management Strategy and Plan
incorporating fraud management is approved by the Board
annually. The objective is to integrate and align the various
risk management strategies, plans and actions across
functional areas and operational units to ensure an integrated
response as well as to ensure that the existing value of the
organisation is preserved and new value is created through
increased accessibility of services for criminal, civil and
advice matters. The Enterprise Risk Management Strategy
is aligned to the requirements of the PFMA, King III and
the Public Sector Risk Management Framework published
by National Treasury. It is also aligned to Legal Aid South
Africa Strategic Plan 2015–2020. The Enterprise Risk
Management Strategy ensures a holistic approach to risk
management and focuses on risks that are inherent in our
strategy, operations and business.
To ensure good risk governance within Legal Aid South
Africa, which includes effective risk governance, structures
and policies overseeing risk management, the roles
and responsibilities of the governance structures in the
organisation, including the Board and its Committees, the
OficeoftheCEO,theManagementExecutiveCommittee,Executives, the Chief Risk Oficer, the Internal AuditDepartment and other key role players in the organisation,
are documented.
In order to build a risk-aware and risk-intelligent culture in
the organisation, meetings were held with Executives and
Justice Centre Executives. Risk registers were prepared
focusing on strategic, operational, ethical and fraud risks.
Table 08: Board Committee Membership
Committee Number of meetings
held
Number of members Names of members
Board Executive
Committee
4 6 1. Judge President D Mlambo (Chairperson)
2. Judge E Molahlehi (resigned 31 May 2014)
3. Mr J Maree
4.MsNMgadza5. Ms A Rhoda
6. Prof. Y Vawda
Legal Services
Committee
4 8 1. Prof. Y Vawda (Chairperson)
2. Ms T Mhlungu
3. Adv. P du Rand
4. Ms Memka
5. Ms M Naidoo
6. Adv. K Pillay
7. Mr Notyesi
8. Ms R Subban
Remuneration, Social
and Ethics Committee
4 8 1. Mr J Maree (Chairperson)
2. Mr Mvundlela
3. Ms Naidoo
4. Ms A Rhoda
5. Mr M Leseilane
6. Mr T Tshivhase (term ended July 2014)
7. Ms T Monama
8. Ms Subban
Audit Committee 4 6 1.MsNMgadza(Chairperson)2. Mr J Maree
3. Ms B Mxakwe
4.MrWScholtz5. Ms J Luthuli
6. Mr E Moolla
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65LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Risk Control Self-Assessment surveys were conducted
quarterly with JCs, regional ofices and national oficedepartments. This process was managed by the Chief
Risk Oficer and reports were prepared and submitted toManagement.
Legal Aid South Africa is required to comply with various laws
such as the Legal Aid South Africa Act, 2014, and the Public
Finance Management Act, 1999. Compliance with statutory
provisions is signed off monthly by each executive.
A Statutory Deadlines Schedule is in place, which sets out
requirements for compliance with applicable legislation
wherewe are required tomake speciic submissions.Theresponsibility for these submissions is allocated to the
relevant executives.
The Internal Audit Executive provides quarterly reports to the
Board on compliance with the Public Finance Management
Act No. 1 of 1999 (PFMA) and Treasury Regulations as
amended, Preferential Procurement Policy Framework
Act No. 5 of 2000 (PPPFA) and regulations, Supply Chain
Management Policy and Practice Notes, King III and
the extent of compliance of the Annual Report to Global
Reporting Initiative Framework (GRI). As at the end of the
2014–2015 inancial year the Internal Audit Departmentreported that Legal Aid South Africa was materially compliant
with the PFMA and Treasury Regulations, the PPPFA and
Regulations, King III, and the Supply Management Policy
and Practice Notes.
Legal Aid South Africa is a service organisation that does
not generate its own income and is dependent on state
funding. A materiality framework that prescribes parameters
for the presentation of the annual inancial statement andperformance information is in place. For administrative
purposes, levels of authority for the condonement of losses
incurred at Legal Aid South Africa have been determined.
The table on the following page lists the top 10 risks
identiied for the 2014–2015 inancial year as identiiedduring the organisation’s strategic planning process. Thetable also indicate the risk mitigating controls as well as risk
opportunities.
Table 09: Legal Aid South Africa Strategic Risks – Mitigating Controls and Opportunities
No Risk Description Mitigating Controls Opportunities derived
1 Challenges to the Rule of Law
(Criminal).
•CourtCoverageProgrammeforcriminal matters.
•CivilLegalAidDeliveryProgramme.
•Assistancetoclientsandcommunities with the funding of
impact litigation matters.
•Expansionofcivillegalaid.
2 Capacity to meet community
demand for civil legal aid – lack of
funding for civil legal aid.
Access to civil Legal Aid Services
Clients prejudiced by not getting
access to civil legal aid, resulting
in unfairness in civil actions
and infringement on the clients
constitutional rights.
Legal Aid South Africa will suffer
reputationa/branding damage
•Reportsonmattersexceedingturnaround times.
•LegalAidforcivilmattersonlygranted where there is a reasonable
prospect of success.
•Linkageswithcommunityadviceofices/traditionalstructures/government departments, including
theMastersOficeforestatesmatters.
•Cooperationspartneragreementsand Judicare programmes.
•LegalAdviceCapacity–AdviceLineand paralegals in all centres.
•Communityoutreach/civilcourtsoutreach programme.
•Expansionofcivillegalaidservicesacross all JCs including SOs.
•Growthofciviladviceservicestoclients at JCs, SO and Advice Line.
•Provisionofself-helpinformationmodules on our website.
3 Quality of legal services offered by
Legal Aid South Africa (including
Judicare quality).
Quality of legal services offered by
Legal Aid South Africa. Clients will be
prejudiced with poor quality resulting
in unfair legal proceedings and poor
legal action/advice infringing upon
civil/constitutional rights. Legal Aid
South Africa will suffer reputational/
brand damage.
•Qualityinterventionprogrammes.•Qualitymonitoring,assessmentand
programmes.
•CompetencyDevelopment/Trainingof legal staff.
•CAReadiness/PractitionerSupportneeds assessment.
•Professionalindemnity/negligenceinsurance cover.
•Recruitingcompetentpractitioners.•Judicarepractitioneraccreditationbrieingprogram.
•IndependentLegalQualityassessment by the LQAU.
•Improvedcompetenciesandskillsofall practitioners.
•Increasedawarenessoftherequiredquality standards by Judicare
practitioners.
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66 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Risk Description Mitigating Controls Opportunities derived
4 Legal Aid South Africa image/
reputation risk.
Reputation of Legal Aid South Africa
will prejudice the standing of the
organisation amongst internal and
external stakeholders and to clients
thus impacting negatively on it being
able to deliver on its mandate.
•BrandStrategy.•MarketingPlan.•Stakeholdermatrix/plan.•Buildingexcellentbrandexperience.•Maintainingstrongandgood
governance.
Greater awareness of the Legal Aid
South Africa brand and the quality
of service provided to the vulnerable
communities.
5 Lack of conidence in the justice system. Ineficiencies of the justice system negatively impact on image
and credibility of all entities within
the justice system.
Functioning of the justice system.
Ineficientjusticesystemresultingininabilitytoprovideeficientandeffective access to justice thereby
impacting on the rule of law.
•Monitoringcaseturnaroundtimesofall matters.
•Backlogcourtproject–reductionincase backlogs.
•CriminalJusticeSystemReview.•JusticeSectorStakeholder
relationship programme.
•AttendingNEECandPEECmeetingsto address systemic challenges and
delays.
Legal Aid South Africa playing
proactive role in ensuring that
ineficiencieswithinthejusticesystemare minimised.
6 Government’s ability to maintain baseline level of funding.
Impact of recession or other
government priorities resulting in
budget cuts, which will result in
reduction of services.
•PrudentbalancedbudgetandlobbyNational Treasury for additional
budget.
•Useownreserveswhilemaintainingminimumcurrentratioof1.5:1.
•Monitorcashlowcloselyensuringthat MTEF and Annual budget are
focused on essential and priority
spending.
•Monitorexpenditureensuringthatitis within budget.
Legal Aid South Africa ensuring
budget is aligned to Strategic Plan and
Business Plan.
7 Sustainable performance and
sustainable practice (SP2012).
Organisational strategies, plans,
policies and procedures resulting
in unsustainable execution and
performance impacting on ability to
deliver mandate.
•StrategicPlancoveringmediumterm.
•Expenditureplansmonitoringimpacton ability to perform in medium term.
Business plan projects aligned to
budget and organisational resources.
8 Attraction and retention of
expertise and specialist skills
(SP2012).
An unattractive Employment Value
Proposition that is unable to attract,
retain and engage talent or deliver on
the employment partnership promise.
•Responsiveandcontemporarytermsand conditions of employment and
HR policies.
•Meaningfulworkexperienceandaninspiring work environment.
•Anaggressivelearninganddevelopment programme.
•Arealisticcareerpathandcareerplanning.
•Loyaltyofemployees.•Recruitmentandretentionstrategy.
Legal Aid South Africa is being
marketed as an employer of choice
to potential employees, positively
impacting on the strategic positioning
of the Legal Aid South Africa Brand.
9 IT Governance and IT Platform
and capacity responsiveness to
business need.
ITgovernance:•Nonimplementationofbestpractices.•Lackoffundingtomaintainandgrow
the IT system in keeping pace with
information demands by users.
•ITStrategicplanasasubsetoforganisational strategy.
•ITArchitectureplatformreviewedandaligned to organisational strategy.
•ConsistentITpolicy.•ITgovernancestructure.•InternalauditITreview.
•RelevantandapplicableITbestpractices applied across the IT
environment.
•LifespanofITequipmentreviewedinline with capex budget.
10 IT Governance, IT Platform and capacity responsiveness to
business need.
ITinvestmentplatform:PoorITnetwork, hardware, middleware and
software, and application investments
resulting in poor IT systems to meet
business demands.
•ITServiceCharter.•ITCARP(ITinfrastructure
elements recorded, monitored and
maintained).
•InvestmentinVPNtomeetbusinessrequirements.
•Latest/recentsoftwareversions.
Development of new systems for the
administration of the granting of legal
aid, case management and business
intelligence.
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67LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
6. IT Governance
The Board of Legal Aid South Africa is responsible for
oversight on information technology (IT) governance in
accordance with chapter 5 of the King Code and elements of
international best practice.
In discharging its responsibilities the Board has established
an IT strategy that is integrated with the performance
and sustainability objectives of Legal Aid South Africa.
Management in implementing Legal Aid South Africa’s ITStrategy and strengthening the IT Governance during the
2014–2015inancialyearimplementedITprojectsintendedfor growing the IT system and improving IT infrastructure
performance.
ElectronicLegalAidAdministration (eLAA)SystemProject:A new electronic Legal Aid Administration System (eLAA)
is being developed to replace the current IT core system,
Ad-Ininitum. The eLAA system will be developed onmodern application software covering legal administration
functionalities intended to respond to business requirements.
Legal Aid South Africa’s business continues to grow inbusiness process management and the adaptation of
new innovative technologies.Amore eficient and capabletechnology to increasing business demand is thus important.
Integration of the eLAA system with other business
applications is critical for effective and reliable information
management. The eLAA system is planned for completion in
the2015–2016inancialyear.
ModernisationoftheITsystem:TheITStrategicPlan2012–2017identiiesmodernisationoftheITplatformasimportanttobuildacost-effectiveandeficientbusinessoperationforLegal Aid South Africa. To keep up with the industry trends
and best practices additional investments were done on the IT
infrastructure platform. IT server virtualisation was embarked
on to optimise dynamic resource sharing, minimisation
in cost downtime and to boost eficiencies in automatedrestorations of system components. A Virtual Private Network
(VPN), which is enterprise-wide, was upgraded and is now
supportedbytheinstallationofawirelessplatforminalloficesof the organisation. An Access Point Name (APN) network
was installed to support continuous business operations of
management and court-based legal practitioners.
The Board of Legal Aid thus continues to monitor and evaluate
IT investments and its maturity, which are necessary for
improved performance of the organisation. The IT Steering
Committee remains responsible for technical and operational
IT risks ensuring sustainability of effective IT operations.
UsersoftheITsystemareincreasinglyreceivingbeneitsofa modern technology with improved service.
7. Internal Control Unit
Legal Aid South Africa does not have an internal control
unit. Executive management is responsible for transversal
functions and a system of matrix management is in place.
Thisprovidesmanagementwithsuficientoversightoverallthe activities in the organisation.
The Board has ultimate responsibility for establishing a
framework for internal controls, including an appropriate
procurement and provisioning system. During the period
under review, the Board approved the Internal Control
Framework,whichisaimedatensuringamongotherthings:• thereliabilityandintegrityofinancialandoperational
information
• theeffectivenessofoperations• safeguardingofassets• compliancewithlaws,regulationsandcontrols.
The controls throughout Legal Aid South Africa focus on those
criticalriskareasidentiiedbyoperationalriskmanagement,conirmed by executive management and assessed bythe auditors. The controls are designed and provide cost
effective assurance that assets are safeguarded and that
liabilitiesandworkingcapitalareeficientlymanaged.
Organisational policies, procedures, structures and approval
frameworks provide direction, accountability and division of
responsibilities and contain self-monitoring mechanisms.
Both management and Internal Audit closely monitor the
controls,andactionsaretakentocorrectdeicienciesastheyareidentiied.
The Internal Audit function provides written assessments
on the effectiveness of inancial and internal controls. The Chairperson of the Audit Committee provides reports
on assurance of risk and internal control effectiveness to
the Board.
8. Internal Audit Function
8.1. INTERNAL AUDIT FUNCTION
Internal Audit at Legal Aid South Africa is an independent
appraisal function, established to evaluate the legal aid
activities to provide reasonable assurance that effective
risk management processes and internal controls and
governance processes are in place. The key responsibility
of Internal Audit is to assist the Board and its Committees in
the discharge of its governance responsibilities including but
notlimitedto:i. systematically analysing and evaluating the legal aid
business processes and associated controls
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68 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
ii. performance of an objective assessment of the risk
management processes and internal frameworks
iii. performance of an evaluation of the Legal Aid’sgovernance processes including ethics
iv. providing reliable information regarding fraudulent
activity, corruption, unethical behaviour and
irregularities.
Internal Audit performs its activities in compliance with
the PFMA and Treasury regulations, the King III Report
on Corporate Governance and the International Standards
for professional practice of internal auditing. Accordingly,
Internal Audit performs independent, objective appraisal
and evaluation of the risk management, internal controls
and governance processes, as well as identifying
corrective actions and suggested enhancements to the
controls and processes, using a risk-based approach. A
risk-based audit plan is prepared and approved by the
AuditCommittee.TheauditplanislexibleandresponsivetoLegalAidSouthAfrica’sriskproile.
The Internal Audit Department has full and unrestricted
access to all organisational activities, records, property
and personnel and has the support of the Board and the
Audit Committee.
The Internal Audit Department completed 97% of its
approved Audit Coverage Plan. The variance was due
the fact that only one out of two management requests for
Annual Performance Information review was received; the
Human Resources Departmental Audit was cancelled as
itsinternalauditscheduleclashedwiththeAG’sanditwasreplacedbytheJCs’auditfocusingonthesameareas,asit was planned for HR. The effective coverage was 107%,
taking into account the additional BAC/bids reviews and
preparedness audits carried out.
8.2. LEGAL QUALITY ASSURANCE
The Legal Quality Assurance Unit, which reports to the
Internal Audit Executive, is tasked with the responsibility
of independently and objectively assessing the quality
of legal practitioners including civil, criminal, paralegals
and call centre agents within Legal Aid South Africa and
judicare practitioners that are accredited with Legal Aid
South Africa and are representing clients in both civil
and criminal matters. The Unit completed 97% of audits
planned for the inancial year. The target coverage of100%notbeingattainedcanbeattributedtoaninsuficientsample of judicare trial matters being available to assess
miscalculations in respect of JC paralegals, which will
be rectiied in the new inancial year by assessing anadditional four JC paralegals.
9. Compliance with Laws and
Regulations
Legal Aid South Africa complies with the requirements
of its legal universe, which comprises approximately 80
pieces of legislation, including the Legal Aid South Africa
Act, 2014, Public Finance Management Act, and Act 1 of
1999 (PFMA) and National Treasury Regulations, which
provides guidelines that must be upheld and implemented
for the realisation of good governance. The Public Finance
Management Act regulates inancial management in allspheres and levels of government to ensure that all revenue,
expenditure, assets and liabilities are managed eficiently,effectively and economically. Furthermore, the Public Finance
Management Act provides management with guidelines that
must be upheld and implemented for the realisation of good
governance.
Asat theendof the2014–2015inancial year the levelofcompliance was 100% for all codes or legislation listed for
the sections applicable to Legal Aid South Africa for quarters
1, 2, and 3. There was one incident of noncompliance with
thePFMA,fourincidentsofinancialmisconductandsevensuppliers who performed the refurbishment at the Justice
Centres that did not provide letters of good standing to
conirm that they were registered with the Department ofLabour as an employer and that their compensation fund
assessments are in order to cover any eventualities and/or
claims resulting from injuries on duty in quarter 4.
Legal Aid South Africa has, in the year under review,
endeavoured to apply the principles set out in the King III
Report on Corporate Governance, where applicable, and to
explain when any principles are not applied. King III sets out
the guidelines with regard to, inter alia, compositions, roles
and functions of Boards, risk management, internal audits
and integrated sustainability reporting.
Legal Aid South Africa applies principle 8.5 of chapter eight
(8) of the King III Report, which recommends organisations
to consider disclosing in the integrated report, the number
and reasons for refusals of requests for information that were
lodged with the organisation in terms of the Promotion of
Access to Information Act (PAIA), 2000.
During the 2014–2015 inancial year, the organisationreceived ten (10) requests in terms of the Promotion of
Access to Information Act, 2 of 2000. Three (3) requests were
fully granted, one (1) request was partially granted and one
(1) request was still pending as it was received at the end of
March 2015. Four (4) requests were refused for failure by the
requester to pay the search fees. One (1) request was not
pursued after a letter seeking the requester to comply with
the requirements was sent to the requester. Note that six (6)
requests were submitted from one requester and relates to
GOVERNANCE
69LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
a labour litigation claim proceeding, which was dismissed at
the Labour Appeal Court in favour of Legal Aid South Africa.
10. Fraud and Corruption
The Legal Aid South Africa Fraud Management Plan and
Fraud Management policy were approved by the Board
in May 2014 as part of the part of the ERM Strategy and
Plan. These documents outline speciic measures on themanagement of fraud. The Fraud Management Policy
includes the implementation of a Fraud and Ethics Hotline,
which is managed by an external independent party that
reports directly to the Internal Audit Executive. Incidents
reported to the Fraud and Ethics Hotline are reported to
the Board in the Internal Audit Quarterly Report and are
disclosed in the Annual Financial Statements. There were
six (6) incidents of fraud that were reported during the
inancialyearunderreview.Iniveoftheincidentsreported,it is alleged that employees accepted payments from clients
for services rendered. In one instance, the employee
misrepresentedher educational qualiications.Three (3) ofthe employees involved in these instances were disciplined
and subsequently dismissed. The remaining three (3)
employeeslefttheorganisationbeforetheinalisationofthedisciplinary processes.
11. Minimising Conlict of Interest
A conlict of interest is a situation in which a person ororganisation is involved in multiple interests (inancial,emotional, or otherwise), which could possibly corrupt the
motivation of the individual or organisation. Legal Aid South
Africa has measures in place to ensure that the integrity of
oficialdecision-makingisnotcompromisedbyanemployee’sprivateinterests.Conlictofinterestisnotonlydetectedbutdealtwithdecisively.Inordertominimiseconlictofinterestin supply chain management processes, the organisation
has in place policies and procedures that guide the conduct
of employees involved in procurement. These policies and
procedures are reviewed annually and whenever necessary
to ensure compliance to best practice.
Each oficial who participates in the procurement processcompletes a declaration of conlict of interest form, whichdiscloses conlict of interest and that no supplier will bepurposefully favoured or prejudiced. Should a conlict ofinterestbeidentiied,theoficialwithdrawsfromparticipatingin any manner in the process relating to that procurement.
Suppliers are also required to complete a declaration of
conlictof interestform(SBDform)witheveryprocurementthat isabovethethresholdofR30000.Whereaconlictofinterestisidentiied,thenecessaryapprovaltoparticipateinthe procurement is required.
Legal Aid South Africa Codes of Conduct and Ethics help
to minimise problems with conlicts of interests. It offersdirection and guidance to employees on the extent to which
suchconlictsshouldbeavoided,andwhat theemployeesshoulddowheresuchconlictsarepermittedbyacodeofethics (disclosure, etc.).
Thus, employees, especially professionals, cannot claim
that they were unaware that their improper behavior was
unethical. In the period under review the declaration was
done twice in August 2014 and in March 2015.
As importantly, the likelihood of disciplinary procedures also
being instituted (for example, a lawyer being disbarred) helps
tominimiseunacceptableconlictsorimproperactswhenaconlictisunavoidable.
12. Code of Conduct
The Legal Aid South Africa Code of Ethics and Conduct Policy
was reviewed and approved by the Board in May 2014. The
policy applies equally to all employees and compliance with
the code is mandatory. The purpose of the Code of Ethics and
Conduct Policy is to promote and enforce ethical business
practices and standards within Legal Aid South Africa. This
Code represents the highest ethical standards applicable in
the environment in which Legal Aid South Africa operates
and strongly emphasises integrity and objectivity on the part
of all employees, all managers and Executives.
A contravention of the code must be reported to a line
manager, the Human Resources Executive or Internal Audit
Executive. The matter will be investigated and dealt with
according to the Legal Aid South Africa Disciplinary Code of
Conduct.
13. Health, Safety and Environmental Issues
The Legal Aid South Africa Health and Safety policy and
the Occupational Health and Safety Act, 85 of 1993 provide
guidingprinciplesfor theachievementof theorganisation’shealth and safety programmes. Health and safety
representatives and Committees are in place.
Any serious injuries, notiiable diseases or dangerousoccurrences taking place at work must be reported to the
Human Resources Department. Sixteen (16) incidents of
Injury on Duty were reported.
Throughitsoperations,theorganisation’sactivitiesimpactontheenvironmentthrough:i. Printing of documents
ii. Travel by car and air
iii. Waste generated through activities
iv. Electricity and water usage
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70 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The Environmental Policy was developed and approved
by the Board and is reviewed annually. An implementation
plan setting out the programmes and projects to achieve
the objectives of the policy have been developed. The
implementation plan covers, amongst others, reduction of
carbon footprint, carbon emission, recycling of waste, and
reduction of energy and water consumption.
14. Board Secretary
The Legal Aid South Africa Board has access to the advice
and services of the Board Secretary. Board members are
also entitled to obtain independent professional advice, at
Legal Aid South Africa’s expense, should they deem thisnecessary.TheBoardSecretary:i. provides guidance to the Board on the duties of the
directors and good governance
ii. assists with the induction and training programmes
for Board members
iii. ensures Board and Committee Charters are up to
date
iv. ensures that contents of agendas of meetings are
agreed with the Chairperson, and that agendas
and documents are distributed timeously to Board
members and attendees
v. ensures that minutes of Board and Committee
meetings are recorded and agreed by members of
the Board, and does all other things necessary to
ensure that meetings are held as scheduled
vi. assists with the evaluation of the Board, Committees
and individual directors.
15. Report of the Audit Committee
15.1. THE AUDIT COMMITTEE
RESPONSIBILITIES
The purpose of the Legal Aid South Africa Audit Committee
is toassist theBoard in fulilling itsoversight responsibilityfor the integrated reporting process, the system of internal
control, the audit process, External and Internal audits and
LegalAidSouthAfrica’sprocessformonitoringcompliancewith laws, regulations, voluntary codes, best practices and
the code of conduct.
15.2. TERMS OF REFERENCEThe Audit Committee adopted formal terms of reference,
approved by the board of directors of Legal Aid South Africa.
TheAuditCommitteeconirmsthatitcarriedoutitsdutiesinaccordance with the approved terms of reference during this
inancial year. Furthermore theAudit Committee compliedwith the PFMA, Treasury regulations 3.1.13 and the King III
requirements.
15.3. COMPOSITION
Details of the Audit Committee members and their attendance
of meetings is provided in the table below.
Table 10: Details of the Audit Committee Members and their Attendance of Meetings
Name Qualiications Internal or external Date appointed Date
resigned
No of
meetings
attended
MsNonhlanhlaMgadza(Chairperson)
MBA External (Non-executive Director) 1 March 2015
re-appointed into
Transitional Board
- 3
Mr Ebi Moolla BJuris External (Independent Committee
Member)
1 August 2013
(re-appointed)
- 4
Ms Marcella Naidoo B Social
Science
External (Associated Committee
Member)
1 March 2015
re-appointed into
Transitional Board
- 4
Mr Jan Maree BCom LLB External (Non-executive Director) 1 March 2015
re-appointed into
Transitional Board
- 4
Ms Berlina Mxakwe CA(SA) External (Non-executive Director) 1 March 2015
re-appointed into
Transitional Board
- 4
MrWillieScholtz Technology
and Business
Leadership
External (Non-executive Director) 1 March 2015
re-appointed into
Transitional Board
- 4
Mr I Ramdas CA(SA) External (Independent Committee
Member)
3 June 2011
(re-appointed)
16 May
2014
Ms Jabu Luthuli CA(SA) External (Associated Committee
Member)
1 November 2014
(re-appointed)
- 4
GOVERNANCE
71LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The Chief Executive Oficer, Chief Operations Oficer,National Operations Executive, Chief Legal Executive,
Chief Financial Oficer and representatives from theInternal and External Auditors attend the Audit Committee
meetings by invitation. The Audit Committee has held
separate meetings with The External and Internal Auditors
before every Audit Committee meeting. Both the Internal
and External Auditors have unrestricted access to the
Audit Committee Chair person and the members.
The effectiveness of the Audit Committee is assessed on
an annual basis.
15.4. STATUTORY DUTIES
InexecutionofitsstatutorydutiestheAuditCommittee:Made the following submissions to the board on matters
concerning the Legal Aid South Africa’s accountingpolicies,inancialcontrol,recordsandreporting:• Materialityframework,BACpolicy,Internalcontrol
framework, Investment policy, Fraud policy and
related accounting policies;
• Writtenassessmentontheinternalcontrols;• Recommended annual inancial statements for
approval by the Board; and
• Recommended the inancial statement forsubmissiontotheoficeoftheAG31May2015.
15.5. DELEGATED DUTIES
The Audit Committee received reasonable assurance that
the processes and procedures followed through the risk
management processes at Legal Aid are adequate and
effective to ensure that inancial risks are identiied andmonitored appropriately.
TheCommittee is speciically satisied that the followingareashavebeenappropriatelyaddressed:• Fraudriskpertainingtoinancialreporting;• Financialreportingrisk;• Internalinancialcontrol;• ITriskpertainingtoinancialreporting;and• Reviewed tax and technology risks, in particular,
how these are managed.
15.6. THE EFFECTIVENESS OF INTERNAL
CONTROL
TheCommitteehas:• Reviewed the effectiveness of the company’s
system of internal inancial controls includingreceiving assurance from Management, Internal
Audit and External Audit;
• Reviewedthepoliciesandproceduresimplementedto prevent and detect fraud, bribery and corruption;
• Reviewedsigniicant issues raisedby the internaland external audit process, including the manner in
which they were resolved;
Based on the set processes followed and assurances
provided we believe that signiicant internal inancialcontrols are in place and are effective.
Regulatory compliance
The Audit Committee has complied with all its applicable
legal and regulatory responsibilities.
Internal Audit
The Audit Committee has during the course of the year
FY2014–2015:• Reviewed and recommended the Internal Audit
charter for approval by the board;
• Evaluated the independence, effectiveness andperformance of the internal audit function, in
relation to its mandate;
• SatisieditselfthatInternalAudithasthenecessaryresources, budget , standing and authority within
the company to enable it to discharge its functions;
• WaspartoftherecruitmentprocessoftheIAEandassessedtheincumbent’sperformancethroughitsChair person;
• ApprovedtheInternalAuditplan;and• Encouragedtheco-operationbetweenInternaland
external audit.
The Internal Audit function is subject to independent
quality revieweveryiveyearsorasandwhen theauditcommittee deems appropriate. The function was last
externallyreviewedinbySizweNtsalubainFY2013–2014and attained a GC result.
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72 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
15.7. IN-YEAR MANAGEMENT AND
MONTHLY/QUARTERLY REPORT
The Legal Aid South Africa has submitted monthly and
quarterly reports to the Executive Authority.
15.8. EVALUATION OF FINANCIAL
STATEMENTS
We reviewed the Annual Financial Statements prepared
by Legal Aid South Africa, which are prepared and
presented in accordance with the South African Standards
of Generally Recognised Accounting Practice (SA
Standards of GRAP) and requirements of the Public
Finance Management Act of South Africa, 1999 (Act1 of
1999)(PFMA) and the Treasury Rules and Regulations.
15.9. AUDITOR’S REPORT
We reviewed Legal Aid South Africa’s implementationplan for audit issues raised in the prior year and we are
satisiedthatthemattersraisedwereadequatelyresolvedand addressed.
We therefore concur and accept the conclusions of the
externalauditor(AuditorGeneral)ontheannualinancialstatements (AFS) that they present fairly, in all material
respects, the inancial position of the Legal Aid SouthAfrica as at 31 March 2015. The audited AFS should be
accepted and read together with the report of the Auditor
provided.
Integrated Reporting
Based on the processes in place and the assurance
provided by Internal Audit, we recommend the integrated
report to the Board for approval.
Ms Nonhlanhla Mgadza
Chairperson of the Audit Committee
Legal Aid South Africa
25 July 2015
GOVERNANCE
73LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTD:SUSTAINABILITY REPORT
74 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Sustainability Strategic Plan
During the year under review, Legal Aid South Africa
developed a Sustainability Strategic Plan, linked to the
organisational Strategic Plan 2015–2020. The strategic risks
and the environmental context highlighted sustainability
issues and therefore informed the sustainability focus areas.
The approach taken to sustainability by Legal Aid South
Africaisabout:i. Thesustainabilityimpactoftheorganisation: The impact of the organisation’s work on the
economy, society and the environment in the short,
medium and long term; and
ii. Sustainabilityoftheorganisationitself: Improving the maturity level of the organisation so
that it operates at optimal levels and can continue
to be a going concern in delivery terms as well as
inancialterms.
The Legal Aid South Africa Sustainability Strategy has set out
a broader SUSTAINABILITY VISIONasfollows:
To make the Constitution a living document for the
poor and vulnerable, be a partner to communities and stakeholders and, be a preferred employer of legal professionals.
Thus increasing access to justice, widening the social
safety net of communities, building trust in the rule of law
and building viable institutions (courts and public entity) of a
democratic state to positively impact the current and future
quality of life of clients and communities.
The Legal Aid South Africa Sustainability Vision incorporates
the following aspirational elements:
i. to promote a human rights approach to access to
justice
ii. to be an accepted part of the community’s safety
net enabling poor and vulnerable persons to access
justice, which positively improves the quality of their
life in the short and long term
iii. to contribute to an eficient and effective justice system, which builds trust in the rule of law and
conidence in the effective functioning of a public institution (that is, courts) of a democratic state
iv. to partner with communities and stakeholders to
inform the delivery of legal aid services and increase
access to justice
v. to be the best and preferred employer of legal
professionals
vi. to develop a segment of a clean, accountable,
eficient and effective government/state.
The sustainability goals and the strategic intent of each
goalare:
Sustainability Goal 1: Improved access to justice
impacting on current and future quality of life of clients
Strategic intent (of Goal 1): (social & economic)
Access to justice widens the safety net of poor and vulnerable
persons.
Outcomes of justiciable matters impacts on quality of life and
economic conditions of clients.
Developingasegmentofaneffectiveandeficientgovernment/state able to deliver public goods (legal aid services).
Sustainability Goal 2: Improved effectiveness and
conidence in the justice system
Strategic intent (of Goal 2): (social & economic)
Building the public institutions (i.e. justice system including
courts) of a democratic society.
Aneficientandeffectivejusticesystemimpactspositivelyonthefunctioning of the economic systems at local and national level.
Engaging stakeholders for their inputs to inform services
offered to increase access to justice and improving
functioning of the justice system.
Sustainability Goal 3: Good governance practice and a
strong governance reputation
Strategic intent (of Goal 3): (governance)
Developing a segment of a clean and accountable government/
state effectively utilising public funds.
Sustainability Goal 4: Improved maturity level of the
organisation
Strategic intent (of Goal 4): (business performance)
Developingasegmentofaneficientandeffectivegovernment/state.
Transparent and accountable use of public funds improves
probability/support for continued funding.
Sustainability Goal 5: Best employer of legal professionals
(and related management and support staff)
Strategic intent (of Goal 5): (social)
Employer of choice.
Sustainability Goal 6: Reduced carbon footprint (of
organisation)
Strategic intent (of Goal 6): (environment)
Reduce global carbon footprint to give effect to these goals
LegalAidSouthAfricahasidentiiedsix sustainability focus
areas:I. Access to Justice
II. Justice System
III. Good Governance
IV. Maturity Levels
V. Employer of Choice
VI. Carbon Footprint
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75LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Each focus area is further detailed into sub-focus areas
that add greater depth to the focus areas. These sub-focus
areas are detailed as part of the performance report on
sustainability for 2014–2015. Sustainability risks associated
with each of the strategic focus areaswere identiied anda sustainability risk register was developed. These risks are
managed and reported on to the Board.
2. Report on Sustainability
Performance
Following isa reportonperformanceagainst the identiiedsustainability goals. Note that statistics on performance are
covered elsewhere in the Annual Report.
GOAL 1:
Improved access to justice impacting on current and future
quality of life of clients
Focus area I – access to justice
Sub-focus areas:
i. access of legal services and advice
ii. quality of legal services and advice
iii. community outreach and education
A number of interventions were in place to ensure access of
legal services and legal advice,including:• Courtcoverageisalignedtodemand• The practitioner per court model, which was
implemented, ensured that all criminal courts were
covered and therefore the likelihood of clients being
unrepresented is minimal
• Legalrepresentationwasavailableinallcivilmattersthat are covered by the Legal Aid Guide (LAG) and
where both the clients and their matters meet the
qualifying criteria as set in the LAG
• Aprogrammewasinplacetoensurethatallchildrenare represented
• Legal assistance was available to all clients inspecialist courts, including child justice courts, sexual
offences courts and commercial crimes courts.
Legal representation was also provided in specialist
matters to vulnerable clients such as asylum seekers
and mental healthcare patients
• Throughlinkageswithadviceofices,legalaidclinicsandtheMastersOficeclientswereabletolinktocivillegal aid services at contact points other than our
JusticeCentresandSatelliteOfices,thusincreasingclients’physicalaccesstoourservices
• The paralegal community outreach programmeensured that legal advice services were accessible to
communities and particularly rural communities
• Clients,especiallythoseinruralareasorthosewhohave limited mobility were able to access telephonic
legal advice through the Legal Aid Advice Line
• Aself-helpwebsitewith11modulesallowedaccessto justice where legal aid is not available to clients
due to their matters being excluded from legal aid
assistance or where they do not meet the necessary
criteria for legal aid assistance
• Impact litigation matters ensure that the outcomesimpactmorebroadlythanonjustthespeciicclientsassisted and the careful selection of matters to be
funded as impact matters have resulted in successful
outcomes whereby the strategic intent of the litigation
has been achieved and thereby ensuring that clients
constitutional rights are enforced or protected and
legal precedents impacting widely on our clients
rights have been achieved
• LeavetoAppealmattersweremonitored• Clients’constitutionalrighttolibertywasprotectedby
ensuring that bail applications were considered
• Allremanddetaineesaswellaschildrenawaitingtrialin custody were monitored
• Awaiting trial prisoners’ paralegal programme wasimplemented
• Stakeholders were made aware of legal aid andencouraged to refer potential clients
To ensure quality legal services is rendered and competent
practitioners are able to render quality legal services to
clients,thefollowingareinplace:• Legalqualityreviewswereconductedandconirmed
that over 97% of our practitioners are rendering
services in compliance with our quality requirements,
which includes an assessment on the outcomes
achieved by practitioners in the cases reviewed
• Allqualityreviewinstrumentswerereviewed• All legal support programmes, including CA court
readiness and pre-admission programmes have
been implemented and monitored
• Legaltraininghasbeenconductedwithallcategoriesof practitioners
• Legalresearch,resultingin,amongstothers,researchreports, legal newsletters and case discussions were
undertaken to support quality legal services delivery,
policydevelopmentandtoprotectclients’rights• Legalsupportinterventionsincludingonlineresearch,
legal newsletters and research reports, legal
discussion forums and a non-legal expert database
were available
• Communitystructures
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76 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Community outreach and education to increase awareness
ofTheConstitutionandBillofRightsresultedin:• 1,050outreacheventsheldatcommunityleveland
at key government service delivery points
• Improvedbrandawarenessthroughwordofmouthfrom 9% in 2013–2014 to 31% in 2014–2015. This
was as a result of community events and meetings
held
• Implementation of the advertising and marketingplan was 90% achieved. The National Omnibus
Survey results showed an increased awareness of
the Legal Aid South Africa brand by 9% but results
shows that traditional media is ineffective in the
rural areas surveyed. There is a need to focus on
community radio, community newspapers and brand
packaging advertising.100% completion of branding
at key points such as prison cells, police cells and
courts. Increased brand awareness by 7%, from 8%
in 2013–2014 to 15% in 2014–2015
GOAL 2:
Improvedeffectivenessandconidenceinthejusticesystem
Focus area II – justice system
Sub-focus areas:
i. speedy and fair trial (criminal)
ii. speedy and fair resolution of matters (civil)
iii. justice governance
In order to reduce the number of trials and ensure
speedy and fair resolution of both criminal and civil matters,
practitioners consider ADR options to resolve their cases,
including restorative justice, and formal/informal plea
bargaining.
The improvements in the CJS contributed positively to
faster turnaround times of cases, especially in the district
courts, however there were delays in RC and HC matters.
All recommendations and approved protocols from the
CJS review committee have been implemented by Legal
AidSouthAfrica.The introduction of Provincial EficiencyEnhancement Committees (PEECs), chaired by the
Judge President of each province, has had a positive
effect in holding all court stakeholders to account on their
performance, which has had a positive inluence on theperformance of the justice system.
Animportantobjectiveofall localcaselowcommitteesisto improve the throughput of cases. Our representatives are
active participants in all such committees. All backlog courts
are covered by legal aid practitioners. Legal Aid South
Africa is properly represented and are active participants
in all justice cluster forums that have been set up and has
played an increasingly proactive role in highlighting areas of
weakness in the functioning of the justice system at relevant
forums, thereby ensuring that measures to resolve these
problems are considered and implemented.
All JCs have implemented the court stakeholder relationship
management programme, including the presiding oficervisitation programme. Improvements have been noted in
theeficiencyofthedistrictcourtsinparticular.
The pro bono programme has been rolled out to all JCs and
156probonomatterswereissuedduringthelastinancialyear. Clients are rarely refused legal aid in criminal matters,
however, if they are, they are advised of their appeal options.
GOAL 3:
Good governance practice and a strong governance
reputation
Focus area III – good governance
Sub-focus areas:
i. strong governance performance
ii. highethicalstandards:zerotoleranceonfraudandcorruption and ethical conduct with clients
iii. an effective and visionary Board
iv. IT Governance
Legal Aid South Africa maintains a high standard of
corporate governance, including compliance with the
PFMA and King III and other statutory requirements.
Quarterly PFMA audits were conducted by the Internal Audit
Department and 100% compliance was reported.
In order to maintain high ethical standards and enforce a
zerotoleranceapproachtofraudandcorruptionandethicalconduct with clients, a fraud and ethics hotline is in place
and all matters reported in the 2014–2015 inancial yearwere investigated and inalised, except one, which wasreported in March 2015 and the investigation thereof is still
in progress.
Board and Board Committee self-evaluations were
conducted, a Board succession plan is implemented and
Board decisions were implemented as per the minutes.
The Board is decisive in its strategic role of overseeing
policy development and implementation. Organisational
annual performance is maintained at >90%.
LegalAid SouthAfrica’s IT governance is well managed,
with the IS steering committee overseeing the management
of IT performance, IT maturity and IT risks and its
subcommittees (SAP, SYSPRO, AI and IT architecture) are
functional.
SUSTAINABILITY REPORT
77LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
There has been an improved IT system response to business
needs and clients. Client survey indicated satisfaction in
using IT systems, there were no backlogs in LA1 capturing
and all judicare invoices were paid within 30 days.
The Board reviewed and approved IS policies, IT strategy,
IT status and IT maturity to ensure IT environment growth
and improved IT infrastructure performance was in line with
business needs.
GOAL 4:
Improved maturity level of the organisation
Focus area IV – maturity levels
Sub-focus areas:
i. to develop maturity level of core business to improve
quality services to clients
ii. to develop maturity level of each segment of the
organisation to perform at optimal levels and
improve the impact of delivery/outcomes
iii. to embed enterprise risk management into the
business approach and culture of the organisation
iv. inancialmaturityandcleanauditsv. IT and IT systems
vi. business continuity
In relation to improving the quality of services to clients,
whilst the maturity level of four was not changed for this
inancial year, the implementation of various programmesand projects aimed at improving quality have ensured that
we have strengthened in our current maturity level.
The maturity levels for support functions is between levels
three and four, with IT lagging behind and HR advancing
ahead of all functions.
Legal Aid South Africa implements its approved Enterprise
Risk Management Strategy and Plan. Combined risk
registers were presented to the Board on a quarterly basis.
Risk CSAs were also conducted quarterly and a Combined
Assurance Risk Tracking document was maintained and
updated on a quarterly basis. The overall high performance
of our organisation indicates that risks have been properly
identiiedandareappropriatelymanaged.Therisksurveysand interviews conducted with executives also suggest a
developing risk intelligent culture within our organisation.
Theorganisationhasazerotolerancestancewithregardtofraud.Therewasnofraudwithintheorganisation’sinternalandinancialcontrolssystems.
Quarterly inancial statements were produced on time and
showed consistently good expenditure trends. Financial
statementsindicatedasoundinancialpositionwithcurrentassets exceeding current liabilities by more than 100%.
Theannualinancialstatementsof2013–2014wereauditedby theAuditor-General and the result was an unqualiiedaudit with no matters of importance or emphasis raised.
The spending trends of Legal Aid South Africa, spending
morethan98%of itsbudgetover thepastinancialyearshave indicated its ability to spend and commit the allocated
budget and to deliver on its mandate within the allocation
and budget constraints. The Internal Control Framework
was developed and aims to enhance governance.
Legal Aid South Africa successfully managed its government
funding ensuring prudent cash management, an optimal
portfolio of debt obligations as well as promoting and
enforcing prudent inancialmanagement through inancialanalysis and oversight.
The IT system has stabilised and operations effectively
managedasaresultof:i. 98% of server infrastructure virtualised to address
modernisation of IT system
ii. Upgraded VPN (WAN) network speed ensuring
eficientbusinessoperationsiii. Upgraded disaster recovery which improved time to
recover organisational data from three days to one
iv. IT risk register being monitored and the planned actions
timeously mitigated to reduce the impact of the risk
The IT systems were consistently available and accessible
at >90%, assisting in uninterrupted work operations
necessary for improved productivity.
Business continuity plans are in place. The management of
business interruptions have proved to be effective through
interventions on continued rehearsals. All testable areas as
per requirement by the Board have also been successfully
tested and for those not tested there are plans in place to
mitigate disruptions to business.
GOAL 5:
Best employer of legal professionals (and related
management and support staff)
Focus area V – employer of choice
Sub-focus areas:
i. recruitment and retention
ii. employee engagement and development
iii. labour relations
iv. organisational culture
v. employee wellness
vi. CSI
SUSTAINABILITY REPORT
78 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
High levels of recruitment and retention have been recorded,
with recruitment being at 94% (2% lower than the target),
and the turnover rate at 6%. This can be attributed to the
Legal Aid South Africa Terms and Conditions of Employment
and Employment Value Proposition (EVP). Salaries are
competitive and benchmarked against government and
key service related companies. The team climate monitor
has conirmed high levels of employee engagement and
satisfaction. Legal Aid South Africa has received external
accreditation from the Top Employers and Universum
indicating that the organisation is seen as a leading legal
employerirmwithinSouthAfrica, resulting inanenhancedimage and proile.A succession planning programme is inplace and is being successfully implemented.
Training programmes are in place for legal and non-legal staff.
The legal training targets were exceeded. The legal training
unit held 30 training courses, launched 12 new e-learning
modules and 48 self-learning modules were made available.
Training targets for support staff have been achieved and
exceeded thus enabling improved competency of staff in their
areas of responsibilities and organisational growth in the long
term. A high level of performance from staff is critical to sustain
the level of organisational performance and sustainability.
A stable organisational climate was created with
sound and effective management practices and labour
relations maintained throughout the reporting period. The
implementation of the policy on Flexible Work Arrangement
(FWA) is seen as a positive contribution to work performance
and more staff are pursuing work performance levels so as to
be included in the reviewed FWA.
A values-based organisational wide culture programme was
implemented during the inancial year with the focus onrejuvenating the organisational culture and recommitment to
the values.
Employee Wellness, Health and Safety programmes have
beeneffectivethroughouttheinancialyear.Thehealthrisksof employees have been monitored and are mitigated through
health awareness programmes and counselling. Access to
oficepremisesbypeoplewithdisabilitiesisachallengeatafewofLegalAidSouthAfrica’sofices.
CSI initiatives were achieved through the Organisational
Culture Programme as part of the current outreach and public
educationprogrammesannualplans:i. Legal Aid South Africa employee support of the 67
minutes of Mandela Day campaign
ii. OCP programmes at shelters as part of the 16 Days of
Activism campaign
iii. Take a boy and girl child to work as part of giving back
to communities
iv. Support to AIDS orphanage – contribution in a form of
food parcels, clothing and unused furniture
During 2014–2015 161 legal practitioners employed by
Legal Aid South Africa, served as Commissioners in Small
Claims Courts on a voluntary basis.
GOAL 6:
Reduced carbon footprint (of organisation)
Focus area VI – carbon footprint
Sub-focus areas:
i. reduce carbon footprint related to business operations
In order to reduce fuel consumption, an assessment was
done for all Justice Centres to identify the transport needs,
thatis,thenumberandsizeofvehicles.
The procurement of bigger vehicles for those Justice
Centres attending to one court as compared to a number
of smaller vehicles, has assisted in the reduction of fuel
consumption.
Communication on energy saving is sent to all business
units linked to annual governmental programmes. The
nationaloficehasenergysavingunits(sensors)installed.
Although the organisation is currently unable to measure
its carbon footprint reduction, a carbon footprint reduction
template was developed and the national ofice throughimplementation of carbon footprint programmes has
reduced its monthly liability to the municipality on electricity
consumption.
Where possible we have endeavoured to align Legal Aid
South Africa’s Sustainability Framework to the GlobalSustainability Reporting Initiatives (GRI) framework, which
provides comprehensive information to stakeholders on
an organisation’s economic, social and environmentalperformance, also referred to as the triple bottom line
reporting. We have also incorporated elements of the GRI
framework in our annual report.
3. Challenges Experienced with
Implementing Sustainability
Programmes
The target for turnaround times for Regional Court and
High Court matters was exceeded. Congested court rolls
and delays in investigations are amongst the reasons that
contributed to this. Legal Aid South Africa will monitor the
performance of these courts and engage with role players
within the criminal justice sector to ensure that access to
justice is a priority.
SUSTAINABILITY REPORT
79LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORT
With regards to advertising to increase awareness of Legal
Aid South Africa services it was noted that traditional forms
of media (television and national radio stations) were not as
effective in rural areas that were surveyed and we therefore
need to focus on community radio stations and newspapers.
The organisation’s core IT system is outdated and isbeing maintained. We embarked on a process of replacing
the current IT system, however, a number of challenges
were experienced, which has resulted in a delay in the
development of the new system.
The issue of the provision of relief capacity is often raised
by stakeholders in the justice cluster but budget constraints
restrict the recruitment of suficient legal practitioners toprovide for relief staff capacity at the courts.
4. Stakeholder Engagement
Building and maintaining sound stakeholder relationships
formsanintegralpartofLegalAidSouthAfrica’scorporatestrategy. This stakeholder inclusive approach is informed by
our recognition and appreciation of their important role in
making our vision of providing access to justice come alive.
Our stakeholder relationships have over the years helped us
to develop a meaningful, cohesive, engaging and sustainable
corporate strategy. Our two-pronged stakeholder engagement
approach enables us to seek as wide and diverse participation
aspossible,throughthefollowing:• Activeparticipationinlegalandacademicforumsand
committees, which facilitate a knowledge transfer
process that would strengthen policy decisions of the
justice system.
• Activeengagementofthepublicthroughcommunityinitiatives such as outreach events, public lectures
and media (including social media and newsletters).
We are also cognisant of the fact that carefully listening to,
understanding of, evaluating, considering and responding
to all of our stakeholders views and opinions is crucial to
our success. In addition to regular ongoing stakeholder
interaction, during the reporting period we had constructive
dialogue with our provincial and national stakeholders on
the strategic direction of Legal Aid South Africa so that
our strategic plan development was a transparent process
and inputs from stakeholders were incorporated into the
Legal Aid South Africa Strategic Plan 2015.
The table on the following page provides an overview
of the stakeholder groups and speciic stakeholders we engaged, the type of engagement we had with them,
the comments or concerns raised and how we responded
to these.
Reaching communities.
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Group Stakeholder Engagement Report on input received How issues were responded to
A. Legal/Justice 1. Courts (including
Judiciary and
Prosecution)
Strategic Objective
A) Shared vision and commitment to ensure an effective
justice system that upholds Constitutional rights
B) Review of criminal legal aid access and recommendations
C) Improved relationship with justice cluster stakeholders in
order to facilitate the provision of quality legal services
D)Acquiremeaningfulinsightandinputtotheorganisation’sstrategic direction
Report on Performance
A) Civil Justice Review Committees must still be constituted
but currently the Rules Board for Courts of Law are
undertaking a review of the Civil Justice System. The
CLE is a member of the Rules Board where the proposed
amendments are discussed and approved
B) A total of eight meetings and one indaba was attended by
the CLE
C) The JCs participated in over 7,500 meetings/interactions
withpresidingoficersD) Approximately 950 stakeholder interactions held with DoJ
senioroficialsE) Legal Aid South Africa participated in all NEEC and PEEC
meetings
F) Legal Aid South Africa participated in all local Case Flow
meetings
• Lack of relief staff to cover courts
when practitioners are absent
• Insuficientcapacitytocovercourtsevery day it sits
• Resistence to the rotation of our
practitioners
• Training of our CAs
• Postponement requests for junior
practitioners to consult with their
supervisors on guilty pleas
• Civil legal aid services/consultations
should be made available at remote
courts
• Increased legal services to be made
available in Maintenance & Domestic
Violence Matters
• Practitioner per civil court model to
cover civil courts rolls for persons
requiring legal assistance
• Limited relief programme implemented at 33 JCs in
2015/16. We also have standard operating procedures
(SOPs) for JCs to follow to ensure improve communication
and support to courts when practitioners are absent
• We have aligned our supply of capacity to courts to the
actualdemandateachcourtroomusingtheindingsfromour court roll research project
• A SOP is in place to ensure that rotation of practitioners
are planned months in advance and all stakeholders are
properly informed on changes, including the management
of part heard matters
• An extensive court readiness programme is in place to
ensure that all CAs are properly skilled for court work
• We have improved communications with stakeholders on
our quality management programme, including the need to
review all guilty pleas
• Civil Court visitation included in para-legals outreach
programme as per JC civil court coverage
• Legal Aid Guide amended to make services available to
Elderly persons in Domestics Violence and to assist in
Maintenance matters where applicant not able to obtain
order/ensure enforcement in 12 month period
• Additional civil capacity allocated within available
resources
• Civil Court roll analysis pilot project undertaken to
understand extent of demand and unrepresented litigants
2. Law Clinics and
AdviceOficesStrategic Objective
A) To be responsive and have co-operative relationships with
other service providers
B)Acquiremeaningfulinsightandinputtotheorganisation’sstrategic direction
Report on Performance
A) All JCs with civil units held civil legal aid clinics to assist
clientswithspeciiccivilproblemsaswellasoffergeneralawareness lectures on the civil legal services. A total of 64
clinics were held
B)JCsvisitedover1600AdviceOficestoprovideassistance and back up legal services. 7 841 clients were
seenand1100newilesopened
• Additional Funding required to extend
services made available by law
clinics and to increase the numbers
of Co-operation partners
• NGO Sector require support to
ensure sustainability
• Legal representation support
required for clients whose matters
require litigation
• A call for proposals for the funding of co-operation partners
was advertised and proposals have been received from
potential service providers including Law Clinics
• Additional Funds were earmarked for co-operation
agreements from the 2015–2016 FY
• Legal Aid South Africa has sought engagement with
ACAOSA to determine what support can be provided to
communityAdviceOficestoimprovetheiroperationsandsustainability. This will include the possible allocation of
fully depreciated computer equipment
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3. Professional
Legal Bodies
Strategic Objective
A) Effective interaction with professional bodies regarding
professional regulatory matters concerning legal
professionals
B)Acquiremeaningfulinsightandinputtotheorganisation’sstrategic direction
C) Increase access to justice through pro bono agreements
with private practitioners
Report on Performance
A) Legal Aid South Africa kept up to date with developments
in the legal profession
B) Effective participation of Legal Aid South Africa in the
Legal Practice Council
C) Legal Aid South Africa was part of 26 various committees
of the provincial Law Societies
D) Legal Aid South Africa participated in 55 provincial Law
Society meetings
E) Pro bono agreements concluded with all Law Societies
and Bar Councils
F) Input given on the Legal Practice Act and the
establishment of the Legal Practice Council
G) Legal Aid South Africa lawyers participated in all AGMs
and meetings of the Law Societies, Black Lawyers
Association, Nadel, SAWLA
• Registration of community service for
our CAs
• Quality monitoring of practitioners
• Managementofconlictofinterestforco accused in criminal mattters
• CommentsreceivedonLegalAid’sstrategic plan
• Establishment of National Forum
as part of the implementation of the
Legal Practice Act
• Improved processing of documentation for registration of
community service
• Quality review instruments shared with profession
• Agreed that where Legal Aid cannot identify a Judicare
practitioner to take on an instruction for a co-accused,
then the law society will be invited to provide a practitioner
on pro bono
• Comments received on strategic planning process
factoredintothedraftingoftheinaldocument• Agreed to work together in the best interests of the
profession as well as our clients on the National Forum
4. Justice System
Stakeholders
(Criminal and
Civil)
Strategic Objective
A) An improved criminal justice system
B) To increase civil legal aid
C)JointeffortsaimedatimprovingcaselowsatcourtsD) Improved access to detainees
E) Mitigate the service of serving civil process and executing
court orders
Report on Performance
A) Legal Aid South Africa is represented at all Justice System
Stakeholder meetings, thereby pro actively contributing to
improvements to the Justice System.
B) 14 JCs hosted 20 Justice Cluster Forums
C) Legal Aid South Africa participated in over 100 legal
fraternity organisations Review Committees in both the
criminal and civil justice system
D) Protocol on consultations with remand detainees
concluded with Department of Correctional Services
E)ProtocolswiththeNationalProsecutingAuthorityreinedF)DiscussionsheldwiththeSheriff’sBoardtolimitthecost
of service of process of poor clients
G) Legal Aid South Africa invited participated in the Rules
Board Colloquium on Auctioneers and Reserve Prices for
Auctioning of Immovable Properties sold in execution
• Reducing the number of RDs in
custody, especially those in custody
for greater than two years
• Development of protocols to improve
the functioning of the criminal justice
system
• Capacitation of backlog courts
• Improving working relationships
between stakeholders to increase
eficienciesofthejusticesystem• Eliminating the incidence of children
being kept in DCS facilities awaiting
trial
• Providing assistance to litigants
seeking divorces with the assistance
of Regional Court Registrars
• Making qualifying practitioners
available to act as Commissioners of
the Small Claims Courts
• Legal Aid South Africa agreed to play a lead role in
ensuringthatallPEECsfocusontheinalisationofmattersof the top 20 RDs per province
• Legal Aid South Africa has implemented all protocols in as
far as it affects ourselves
• Legal Aid South Africa has recruited practitioners to cover
all backlog courts
• Legal Aid South Africa ensures participation of senior
managersatalllocalcaselowmeetings• Enhanced our tracking and monitoring of children awaiting
trial
• Assist persons with divorces who qualify and have created
a divorce self-help package that is available on our
website
• 161 Legal Aid South Africa Practitioners have been
appointed as Commissioners of Small Claims Courts
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5.Master’sOfice Strategic Objective
A)LinkagewithMaster’sOficetoattendtoestatemattersonbehalf of children
Report on Performance
A) Meetings with Chief Master implemented to respond to
operational challenges
B)InaccordancewithagreementwithMaster’sOfice,1458new children estates matters were taken on
C)Paymentstoapproximately1500beneiciarieswereeffected in the amount of approximately R43,5 million
• Compliance with Administration of
Estates Act for Estates exceeding
R125 000 (Before 24/11/2014) and
R250 000 (After 24/11/2014)
• Bulk Payments to Guardians Fund
where relevant documents not
received/untraceable for all the
beneiciaries
• SOP updated to provide for submitting L & D Accounts in
Estates exceeding Section 18(3) limits
• Trust Account Tracking Schedule updated to track Estates
Exceeding Section 18(3) limits
• SpeciicfocusontrustaccountresultedinincreasedpaymentstobeneiciariesandpaymentsofR43millionmadetochildrenbeneiciaries
B. Government 6. Ministry of
Justice and
Correctional
Services
(Executive
Authority) and
Department
of Justice and
Contitutional
Development
Strategic Objective
A) Ensure best governance practice, King III guidelines, and
compliance with PFMA and other statutory requirements
Report on Performance
A) Reporting and accountability to Executive Authority and
statutory compliance maintained at 100%
B) The Chairperson of the Board continued to meet with the
Minister as and when required
• The Ministry of Justice acknowledges
the extent of compliance by Legal
Aid South Africa as well as its
performance
• Legal Aid South Africa continues to be accountable to its
Executive Authority in compliance with relevant legislation
7. National Treasury Strategic Objective
A) Ensure best governance practice and compliance with
PFMA and other statutory requirements
Report on Performance
A) Legal Aid South Africa attended two (2) MTEC Meetings
B) Legal Aid South Africa was part of four (4) National
Treasury forums
C) Legal Aid South Africa attended training hosted by
National Treasury
• Legal Aid South Africa seen as a
professional entity. Their meetings
andpresentationsoninancematters are always handled in a very
proicientmanneratalltimes• TrainingconductedonNTinancial
reporting templates and new
accounting standards
• National Treasury informed Legal Aid
South Africa about the budget cuts of
R62 million and R93 million in the
2015–2016and2016–2017inancialyear
• Full compliance on PFMA and other statutory
requirements
• Financial reporting templates were updated and submitted
to NT timesouly. New accounting standards were applied
whenpreparingthequarterlyandannualinancialstatements.
• Legal Aid South Africa absorbed the budget cuts of R62
millioninthe2015–2016inancialyear.Servicedeliverywill not be negatively impacted by the budget cuts
8. Government
Departments
(other) (National,
provincial, local)
Strategic Objective
A) To be responsive and have co-operative relationships with
government departments
B)Acquiremeaningfulinsightandinputtotheorganisation’sstrategic direction
C) Linkage with DoH for assistance of mental healthcare
patients
Report on Performance
A) Almost 350 poster displays and around 600 outreach
events convened at key government service points in
partnerships with government departments. This was
executed by the Communications Department
B) Attendance of Annual Mental Healthcare seminar
C) Particiption in approximately 3 000 meetings with various
government departments
D) Referral of mental healthcare clients for legal advice and
representation where needed
• DeptofCorrectionalServices:Improving consultation facilities and
security for Legal Aid practitioners
• DeptofPublicWorks:Planningrequirements for building of high
courts at Limpopo and Mpumalanga
• Dept of Health. Legal representation
for mental health patients
• Developed consultation protocol with DCS. Also improved
engagement between local JCs and heads of correctional
facilities
• Senior Legal Aid representatives were deployed to attend
meetings as arranged by Department of Public Works
relating to the building of the new high courts
• AtendedandprovidedinputtotheDOH’smentalhealthsummit. Also committed to provide representation for all
cases referred to us
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9. Judicial
Inspectorate
of Correctional
Services
Strategic Objective
A) Continuous linkages with DCS for better access to
detainees
B) Partnership with JICS to increase access to legal aid for
detainees and inmates
C) Joint initiatives with all JCPS stakeholders to reduce
the number of remand detainees in custody for periods
exceeding two years
Report on Performance
A) On-going meetings with JICS and interactions with
independent Correctional Centre Visitors (ICCVs) at local
Justice Centre level
B) Attendance of visitation committee meetings
• Participation by Legal Aid at local
JICS meeting
• Legal Aid South Africa ensures that senior JC managers
attends the local JICS meetings as arranged so that all
inmate concerns regarding the provision of legal aid can
be addressed
10. SAPS and
Department
of Social
Development
Strategic Objective
A) Effective engagement with SAPS and Social Development
to ensure legal representation for children in criminal
matters
B) Improved linkages with the SAPS system for referral of
matters relating to legal aid
Report on Performance
A) Legal Aid South Africa was part of 416 Case Flow
Management Committees to improve linkages with the
SAPS and Social Development systems
B)JusticeCentrepersonnelattendedover2000caselowcommittee meetings
C) Legal Aid South Africa participated in all activities of the
Intersectoral Committee on Child Justice
D) Regions participated in all Provincial Child Justice Fora
E) Discussions held on the integration of AI and the CAS
system
F) Legal Aid South Africa partnership extends to other areas
including outreach programmes, social mobilisation and
rights-based awareness through branding at numerous
SAPSoficesnationallyG) Information regarding children awaiting trial is
communicated to our local Justice Centres
H) Solid relationships are built to employ jointly co-ordinated
efforts in dealing with child justice matters
• Children held in holding cells at
police stations
• ProbationOficerreportsaswellasassessments done
on children
• Legal Aid visits all holding cells where children are held
to ensure legal representation is provided; Legal Aid
South Africa also tracks all children held in custody in
correctional facilities
• The provision of reports within timeframes so that there
are no unreasonable delays in matters involving children
11. Parliamentary
Portfolio
Committee on
Justice and
Constitutional
Development
A) Reporting and accountability to Executive Authority and
statutory compliance maintained and improved
B)ParliamentaryPortfolioCommitteeBrieingswereheldinQ2 of 2014–2015 on 3 July 2014 (Legal Aid South Africa
Strategic Plan 2012–2017 Review 2014–2015; Annual
Performance Plan 2014–2015; Budget 2014–2015) as
well as in Quarter 3 for the Annual Report 2013–2014 on
17 October 2014
• The Portfolio Committee commended
the organisation on its excellent
performance
• The Portfolio Committee requested
an improved focus on civil matters
especially for vulnerable groups
• The civil capacity of Legal Aid South Africa is annually
reviewed based on budgetary capacity
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C. Service
Providers
12. Co-operation
partners
Strategic Objective
A) Boost capacity and resources to deliver quality legal
services/ensure increased access to justice
Report on Performance
A)Increasedaccesstojusticeincivilmatters,withspeciiclegalfocusorspeciicgeographicalareas
B) There are currently nine agreements with co-operation
partners
C) A total of 4,777 new matters were taken on by the co-
operation partners
• Additional Funding required to extend
services made available by law
clinics and to increase the numbers
of co-operation partners
• A call for proposals for the funding of co-operation partners
was advertised and proposals have been received from
potential service providers including Law Clinics
• Additional Funds were earmarked for co-operation
agreements from the 2015–2016 FY
13. Judicare
practitioners
and Agency
Agreements
Strategic Objective
A) Boost capacity and resources to deliver quality legal
services/ensure increased access to justice
B) Increase access to justice in rural based courts that are
uneconomical to service from a JC
Report on Performance
A) Implemented a webpage for the appointment of counsel in
civil matters on
a judicare instruction where the JC remains as the
instructing attorneys.
B) Bi-annual newsletter published for judicare practitioners
C)AllJCsheldjudicarepractitionerbrieingsatJusticeCentre
D)Therearecurentlyiveagencyagreementsconcludedwilth practitioners to service remote courts
• Requirements for Judicare
accreditation;
• Qualitymonitoringofcaseilesaswell as at courts;
• Payment of accounts
• Taxclearancecertiicaterequirements.
• AccreditionprocesssimpliiedandcommunicatedinourJudicarenewslettersaswellasourbrieingsessions
• Details of our quality monitoring programme shared with
practitionersintheircompulsorybrieingsessionwith JC management
• Judicare newsletters contains articles on processing of
accounts; Individual payment issues resolved at local
JC level
• The requirements for submission of Tax Clearance
Certiicateswerere-emphasizedinJudicarebrieingsessions as well as the Judicare Newsletter
14. Other Suppliers Strategic Objective
A) Improved relations and supplier co-operation
B)PromotebetterunderstandingofLegalAidSouthAfrica’sprocurement policies and procedures
Report on Performance
A) Regular updates with regards to SCM matters and
guidelines sent out to suppliers through newsletters, SMS
and emails
B)Tenderbrieingsandpublishingoftenderresultsthroughwebsite
C) Suppliers kept informed/comply with supply chain
management processes
• Suppliers requested Legal Aid
South Africa to clarify supply chain
management requirements for
tenders
• Suppliers requested to be informed
timeously about Legal Aid South
Africa December closure and cut off
dates for submission of accounts for
payment purposes
• Heldtenderbreingmeetingstoclarifysupplychainmanagement requirements
• Suppliers informed about cut-off dates for submisison of
accounts to be processed before the December closure
• Afewinancestaffmembersclosedaweeklatertoprocess any outstanding accounts before December
closure
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D. Internal Public 15. Board Members Strategic Objective
A) Skilled and properly constituted Board and Board
Committees that function effectively to lead the
organisation
B) Ensure ongoing dialogue between Legal Aid South Africa
management and Board
Report on Performance
A) Board succession plan implemented. During the
2014–2015 FY the Board of Legal Aid South Africa was
not fully constituted as per the Legal Aid Act, 1969 (Act 22
of 1969). The Board had 16 members as opposed to the
required18.Thereweretwovacanciesthatwerenotilled.Two positions were retained in view of the impact of the
new Legal Aid South Africa Act 39 of 2014
B) Management participates in Board and Committee
meetings to assist the Board
C) Four Board Meetings and 16 Board Committees held
duringtheinancialyearD) The Self-Assessment of the Board and its Committees
for the year under review indicates that the Board is
functioning well and continues to provide strategic
direction to the organisation
• Transitional Arrangements
relating to transition to new Legal
Aid South Africa Act, 2014 to
be implemented and tracked to
ensure the continuation of effective
governenance arrangements
• A Project Plan with time-frames has been approved by
the Board and is being implemented and tracked to ensure
a smooth transition to the appointment of a new Board in
2016
16. Employees Strategic Objective
A) On-going dialogue between Legal Aid South Africa
employees and management at all levels
Report on Performance
A) Issued 14 employee newsletters
B) Monthly Staff meetings including quarterly forums
C) Employer Brand Activities implemented
D) Employee Wellness and People Development
programmes implemented during the year
E) Internal Events implemented for employees includes
annual and mid-year achievers awards ceremonies
• Accessibility of online communication
initiatives
• Too much information sent out
• CFunding of employee CSI initiatives
• Improved online Internal Communication initiatives to
improve accessibility
• Relevant and up-to-date information sent out regularly.
More information placed on Internet and Blogs for retrieval
at a later stage
• Employee CSI initiatives incorporated into the
organisational culture annual plan
E. External Public 17. Clients and
Potential
Clients/public
(LSM 1–5)
Strategic Objective
A) Increased, awareness and usage of Legal Aid South Africa
services
Report on Performance
A) Radio, TV and print call-to-action marketing campaigns
B) Branded marketing and promotional material promoting
Legal Aid South Africa services, with empasis on Legal Aid
Advice Line
• How can Legal Aid South Africa
expand its services beyond criminal
and civil legal aid assistance at
community level?
• Mobilelegalaidoficeslinkedtoadvice and community centres
• Potential clients in rural areas
– awareness programmes and
accessibility of services
• Explore usage of SMS system to
update clients on progress of their
matters (Client referrals – lack of
client feedback)
• Justice Centres operates as information hubs to assist
community members on socio economic issues
• Regular visitations by local Justice Centres at advice
and community centres; and implementation of outreach
programmes at local structures
• New brand positioning and marketing initiatives aimed
at increased usage of Legal Aid South Africa services
explored –
TV, radio and print advertising campaigns targeting at
potential clients
• SMS facility system explored to give regular client
feedback on their cases
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18. Community-
based
organisations
(CBOs, FBOs)
Strategic Objective
A) Improved linkages to increase awareness of legal aid
services as well as referral of clients to Legal Aid South
Africa
Report on Performance
A) Almost 100 events held in partnership with NGOs, and
other lobby groups
B) Stakeholders invited to national and provincial stakeholder
forums
• Funding of partnership programmes
at community level
• Explore usage of SMS system to
update clients on progress of their
civil matters (Client referrals – lack of
client feedback)
• No funding available, CSI programmes as part of adopt
a school/community programmes implemented to
create awareness and educate communities on their
Constitutional rights and responsibilities
• Improved referral systems resulting in growth of call centre
and walk-in clients – SMS facility system explored to give
regular client feedback on their cases
F. Advocacy
Groups
19. Commissions
and Chapter 9
institutions
Strategic Objective
A) To network with Commissions in safeguarding the rights of
vulnerable persons
B) Ensure effective referral systems to Legal Aid South
Africa, of clients with legal representation needs
C) Co-branding initiatives/ human rights awareness
campaigns
Report on Performance
A) Legal Aid South Africa maintained partnerships with
Commissions and other Chapter 9 institutions by attending
and participating in seminars of various topical issues
such as micro lending, impact of cultural practises on
rights and the transformation of courts
B) Public information sharing with relevant institutions
through co-partnerships on access to justice and
awareness on Constitutional rights
• Require knowledge sharing relating
to the use of technology in making
services available to clients
• Provided information and held demonstrations relating
to the Advice Line technology, including Thetha Nathi
software, for the SAHRC Commission
20. Non-
Governmental
Organisations
and Lobby
Groups
Strategic Objectives
A) To strengthen partnerships
B) To ensure effective referral systems to Legal Aid South
Africa, of clients with legal representation needs
Report on Performance
A) Co-branding initiatives/human rights awareness
campaigns
B) Legal Aid South Africa participated in 68 meetings with
NGOs on civil legal aid (Land matters)
C) Legal Aid South Africa was part of approximately 700
meetings with NGOs on legal aid targeting vulnerable
groups
D) MOU entered with SANAC to provide advice and legal
services to persons facing discrimination as a result of
their HIV/AIDS status
• SANAC was concerned that legal
services were not reaching persons
affected/infected by HIV/AIDS.
• Hospice for Pallative Care
Association of South Africa were
concerned about access to legal
services the terminally ill or immobile
patients
• The co ordination of legal services to persons with HIV/
AIDS was included in a MOU with SANAC and its partners
• An MOU was concluded to co-ordinate the provision of
legal advice and assistance to terminally ill/immobile
persons via the advice line
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G. International
Legal Bodies
21. African/
International
Legal Aid
Bodies
Strategic Objectives
A) Foster relationships that will result in partnerships to
strengthen legal aid internationally
Report on Performance
A) The CLE attended the World Human Rights Forum in
Morocco and presented a paper on the Johannesburg
Declaration relating to the implementation of the UN
Principles and Guidelines
B) Seven Delegations from Ethiopia, Sri Lanka, Myanmar,
Nigeria,Kenya,TanzaniaandUgandawerehostedinthisinancialyear
• Legal Aid bodies seek to understand
the Development and management
of a sustainable legal aid system with
particularreferenceto:a) Legislation and Policy
b) Governance Structures
c) Delivery Systems including quality
management
d) Support systems/structures
• Case Study of Legal Aid South Africa model to be
documented in conjunction with the UNDP
• Knowledge/information sharing with other Legal Aid
Bodiesisbasedonthespeciicrequirementsofeachvisiting delegation
H. Educational
Institutions
22. Tertiary
Institutions and
Schools
Strategic Objective
A) Position Legal Aid South Africa as employer of choice to
potential CAs
B) Educate learners about their rights and responsibilities at
schools/brand awareness
C)Ensurethatstudentsunderstandtheorganisation’sEmployment Value Proposition
Report on Performance
A) Legal Aid South Africa convened annual open days at 20
universities to create brand awareness, giving learners
anopportunitytoenquireabouttheorganisation’semploymentopportunitiesandbeneits.Improvedvisibilityof Legal Aid South Africa
at universities and schools helps in enabling students to
plan their own career paths
B) Legal Aid South Africa rated as the prefered employer of
choice by university student in the 2014 Universum Survey
• Students generally seek clarity on
the processes they should follow to
secure placement to serve articles at
Legal Aid South Africa. Students also
enquire about details of the training
provided as well as Legal Aid South
Africa’sremunerationandbeneits
• Legal Aid South Africa provided information on its
placement processes, training programme, remuneration
andbeneits.LegalAidAidSAalsoassistedstudentstoregister their applications for articles on-line during the
open days
I. Media 23. National Print,
Broadcast,
Online,
Community and
Regional Media
Strategic Objective
A) Improved share of voice for Legal Aid South Africa in the
media
B) Position thought leadership within Legal Aid South Africa
Report on Performance
A) Increased awareness of Legal Aid South Africa services
B) Almost 100 press releases issued
C) Approximately 180 interviews arranged (in both print and
broadcast media)
D) Almost 300 media networking sessions arranged with key
journalists
E) Over 100 media queries recieved and responded to
timeously
• Availability of Legal Aid South Africa
representatives at court to conduct
interviews
• Legal commentary – availability of
Legal Aid South Africa representative
• Regular press conferences
• Request on continous advertising
support and partnership with
community media
• Turn around time in responding on
queries
• National and regional communications representatives
attending court appearances to co-ordinate interviews
• Keyseniorlawyersidentiiedtohandlelegalcommentaryrequests – Legal Aid South Africa thought leadership and
expertise recognised
• Improved media reporting, journalist willing to attend Legal
Aid South Africa events (relevant and informative)
• Media annual plan on networking and engaging
community and regional media – Advertising linked to
humanrightseventsandpublicationsidentiiedaccordingto their reach
• Media protocol in place and applied when responding to
media queries
88
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014–2015
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Group Stakeholder Engagement Report on input received How issues were responded to
J. External
Stakeholders
24. Representatives
from the
Justice Cluster,
Government
Departments,
Chapter 9
Institutions,
NGOs, CBOs,
SAPTU
Strategic Objective
A) Consult with external stakeholders to obtain input on Legal
Aid South Africa Strategic
Plan 2015–2020 Draft 2 and other related issues
Report on Performance
A) Nine provincial stakeholders workshops held in the
provinces
B) One national stakeholders workshop held at the Legal Aid
SouthAfricaNationalOficeC) Consultation meeting held with representatives of the SA
Parastatal and Tertiary Institutions Union, the recognised
union within the organisation
• Stakeholders supportive of Draft
Strategic Plan; comments and
suggested changes received
• There needs to be an increased
focus on services to rural areas and
reduc the distances that clients have
to travel to access services
• Capacity of Legal Aid South
Africa should be increased. Lack
of capacity contributes to case
backlogs, not having relief capacity
affects functioning of the courts
• Increase civil capacity; civil coverage
not meeting the demand
• Senior management of Legal Aid
South Africa always available to
attend and participate in meetings
with stakeholders. Communication
with stakeholders is positive and
transparent. There is collaboration
with various stakeholders on
community outreach projects
• Stakeholders suggested changes to the Strategic Plan
2015–2020 Draft 2 were recorded and considered in the
revision of the Strategic Plan 2015–2020, Draft 3 which
was submitted to the Board. Some of the suggested
changeswereincorporatedintotheinalLegalAidSouthAfrica Strategic Plan 2015–2020
• Our footprint cannot be expanded as our motivation
to secure additional funding through the MTEF was
unsuccessful.Linkageswithadviceoficeshasensuredthat clients are able to link to legal aid services at various
contact points other than our 128 JCs and SOs. This
increases our clients physical access to our services.
Clients in rural areas are able to access telephonic legal
advice services thereby ensuring access to justice that
positively impacts on their ability to access their rights and
services associated with such rights
• Legal Aid South Africa has introduced limited relief
capacity as indicated above
• Legal Aid South Africa is unable to increase civil capacity
due to budget constraints
• Legal Aid South Africa participates in all relevant structures
to enhance access to justice and the effective functioning
of the justice system
K. Internal
Stakeholders
25. Legal Aid
South Africa
Employees
Strategic Objective
A) Consult with external stakeholders to obtain input on Legal
Aid South Africa Strategic Plan 2015–2020 Draft 2 and
other related issues
Report on Performance
A)JCandnationaloficedepartmentsworkshopsB) Management committee workshops
C)Regionalmanagementandnationaloficemanagersworkshops
• Suggested changes to the Draft
Strategic Plan 2015–2020 received
• In order to carry out our mandate
we would need to look at relief staff
component to avoid court blockages
• Increasing brand awareness
particularlyinruralareas;Simpliiedand increased advertising of the
services of the organisation with a
focus on rural areas; Work more with
Community Radio Stations
• Increase scope and methods of
Flexible Working Arrangements
• Employees expressed their gratitude
to the leadership and Board for
providing direction to enable high
performance in the organisation
• Suggested changes to the Strategic Plan 2015–2020 Draft
2 were recorded and considered in the revision of the
Strategic Plan 2015–2020, Draft 3 submitted to the Board.
Some of the suggested changes were incorporated into
theinalLegalAidSouthAfricaStrategicPlan2015–2020• Legal Aid South Africa has introduced limited relief
capacity as indicated above
• The annual Omnibus survey results show that the
organisation needs to focus more on commuity radio and
community newspaper advertising
• The Flexible Work Arrangements Policy is reviewed
annually and approved by the Board. The review process
allows for inputs by staff
89LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTE:HUMAN RESOURCES
MANAGEMENT
90 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Introduction
1.1. OVERVIEW OF HR MATTERS AT THE
PUBLIC ENTITY
In the 2014–2015 inancial year, human resourcesmanagement had noteworthy performance in all areas
of its performance which was characterised by high
recruitment levels, low turnover, the exceeding of training
and development targets and ongoing talent management
activities.
The main focus for the year was concretising the business
partnering initiative by not only bringing and sharing
extensive knowledge as business partners but also working
with our partners to use human resources programmes to
realise and support business strategy.
Having completed the modernisation of high volume
transactional processes, the focus shifted to providing
greater depth in talent management at the regional level.
This ensured that high value strategic talent management
activities and business partnering activities were
implemented.
1.2. SET HR PRIORITIES FOR THE YEAR
UNDER REVIEW AND THE IMPACT OF
THESE PRIORITIES
The key priorities set for the Human Resources, over
and above maintaining the standard talent management
programmes, included aligning the Employee Value
Proposition (EVP) to leading practices, evaluating the
impact of the Leadership Development Programme and the
inalisationof there-organisationof thehumanresourcesfootprint towards improved electronic processes and data
management.
1.2.1. Sustaining the Employment Value
Proposition (EVP)
The Legal Aid South Africa EVP articulates both the
inancial and non-inancial value in the Legal Aid SouthAfrica employment offering. The EVP establishes the
expectation by the employer from the employee in terms
of commitment to the Constitution, high performance, the
organisational culture, the Legal Aid South Africa brand
and approach to providing access to justice to the poor
and vulnerable. The EVP details that the employee may
expect competitive variable pay and formal recognition
opportunities, competitive beneits with contemporarywork–life programmes and learning and development
initiatives to ensure performance excellence in the
ongoing employment partnership with Legal Aid South
Africa. The Legal Aid South Africa EVP thus represents
a partnership between the employee and employer,
and shared, mutual responsibility for the provision of a
stimulating and meaningful work experience. During the
2014–2015inancialyear,theLegalAidSouthAfricaEVPwas best practice aligned against global standards and
a differentiated marketing communication strategy was
developed for both the external stakeholders and internal
employees. The key purpose was to highlight the different
value propositions to different audiences. This personalised
the most valued aspects to the employment partnership.
1.2.2. Leadership Development Programme
The Legal Aid South Africa Leadership Development
Programme was implemented to underpin and support the
organisations strategy on sustainability. The programme
is premised on the principle that providing meaning
and humanity in the workplace results in employee
engagement. Engaged employees are motivated, self-
managed and brand loyal. Motivated employees will in turn
provide empowering and high quality legal services to the
client and in so doing contributing to a South Africa in which
the rights and responsibilities enshrined in the Constitution
are realised to ensure equality, justice and a better life for
all. The Legal Aid South Africa Leadership Development
Programme has focused on empowering leaders to create
meaning and engagement in the workplace in order to
motivate employees to integrate with the values and
culture of the organisation in a manner that is brand loyal
and advances the interests of the client.
During the year under review, the programme focused on
developing leadership competence related to Collaboration,
InluencingandNetworking,Resilience,Self-RenewalandSocial Responsibility. At the end of the year an evaluation of
the three-year Leadership Programme (2012–2015) impact
on individual leadership development was undertaken.
The evaluation indicated positive impacts with useful
suggestions for the next three year cycle (2015–2018).
Having achieved the advantage of diversity of approach to
leadership development and responsiveness to regional
requirements, leadership conversations and cross
functional engagements have remained a key feature of the
programme. In addition, the Legal Aid South Africa 2014–
2015 cohort of nine managers completed an organisation
funded Leadership Development Programme run by a local
university.
The greatest impact of the programme remains
the realisation of the personal responsibility by the
organisation’s senior and middle management for self-mastery and the use of the core leadership competencies
to lead the culture, brand loyalty and a viable employment
value proposition.
HUMAN RESOURCES MANAGEMENT
91LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.2.3. Employment Equity
During the period under review, the 2010–2015 employment
plan reached the end of its term. In order to develop the plan
for the 2015–2020 period, an employment equity audit was
conducted by an independent external service provider.
The audit recorded steady improvement in the workplace
representivityofLegalAidSouthAfrica.Theworkforceproilein 2014 for the African race group improved with 69,6% of
the employees being African and the under representation to
target was reduced to 5,70%, compared to 10,30% in 2009.
Similarly for the Coloured race group the overrepresentation
of 2,80% in 2009 reduced to 1,90% in 2014, with 12,5% of
employees being Coloured in 2014. The Indian race group
moved from an over representation of 4,90% in 2009 to
2,30% in 2014, with 5,3% of employees being Indian in 2014.
The White race group moved from an overrepresentation of
2,80% in 2009 to 1,80% in 2014, with 12,6% of employees
being White in 2014. In terms of employees with disabilities,
a positive movement from 22 (0,9%) in 2009 to 47 (1,7%) in
2014 of total workforce was noted.
The general consensus among employees was that good
progress has been made with regards to Employment Equity
and that Employment Equity is taken seriously at Legal
Aid South Africa. Executives view Employment Equity as
a business imperative and therefore Employment Equity
attracts a high level of commitment. Employment Equity (EE)
was seen as positively impacting culture.
A number of participants mentioned the Leadership
Development Programme as an excellent initiative
contributing to retention and the achievement of EE
objectives.
The most prominent area of under-representation relates to
African Females at the Top, Senior and Middle Management
and Professional Levels. This area will be prioritised in the
2015–2020 Employment Equity Plan.
1.2.4. The Re-organisations of the Human
Resources Footprint
During the past inancial year, a number of talentmanagement processes were converted from manual
to electronic using customised technology applications.
These included the HR MIS, Labour Relations Management
and Performance Management. In addition, employee
ileswere converted frommanual to electronic for all newappointments from 1 April 2015.
1.3. WORKFORCE PLANNING
FRAMEWORK AND KEY STRATEGIES
TO ATTRACT AND RECRUIT A SKILLED
AND CAPABLE WORKFORCE
Legal Aid South Africa bases its workforce planning
framework on a practitioner per court model, which is aimed
at having dedicated Legal Aid South Africa practitioners
based at courts.
In the Magistrate’s Courts (District and Regional) thepractitioner per court model is able to serve the requirements
of providing service at scale meeting high volume needs.
The advantage of the practitioner per court model is that
the same practitioner is able to take on all cases required
inaspeciiccourtonaspeciicday.Thisprovidescertaintyamongst court-based stakeholders as to who the Legal Aid
South Africa service provider is and contributes positively to
eficientcaselowmanagement.
LegalAidSouthAfrica’spractitionerpercourtmodelhasatarget of achieving ≥85% coverage of District Courts and98%coverageofRegionalCourts.Inthe2014–2015inancialyear, we exceeded our targets with 87% coverage of District
Courts but achieved only 96% coverage of Regional Courts
due to some JCs having decreased their court coverage
to better align to demand. This was in keeping with the
recommendations arising from our court roll research study.
The capacity made available from this exercise was used to
implement our court relief programme. In the High Courts,
the central diary system provides the opportunity to match
each case with the appropriate levels of practitioner skills
and ability.
The organisation remained reasonably well recruited
throughout the year under review with a recruitment rate
of 94% being recorded as at inancial year end againstthe targeted recruitment of >96%.The illing of new postscreatedduringtheinancialyearweredelayedinanticipationofpendingbudgetcutsinthenewinancialyear.
Insofar as civil legal aid is concerned, workforce planning is
undertaken on the basis of demand in a given JC coverage
area together with the ability of Legal Aid South Africa’scapacity to eficiently serve this demand.A work study todetermine the civil administration support requirements in
relation to the civil practitioner’swork loadwas conductedduringtheinancialyear.
The workforce planning approach of the support platform
is one of continuous modernisation, process improvement
and best practice alignment. The support services platform
continuously reinesanddevelopssupportmodels inorderto improve sustainability, eficiency and effectiveness ofdelivery. Business processes in support departments are
reviewedannuallytoensuregreatereficiency,riskmitigation
HUMAN RESOURCES MANAGEMENT
92 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
and value creation in support of the delivery of quality legal
services as per the organisation’s mandate. During theperiod under review, the workforce planning process was
documented into the Legal Aid South Africa’s StandardOperating Procedures (SOPs).
The turnover rate of 5.9%, in relation to permanent
positionsrecordedforthe2014–2015inancialyeariswithinacceptable norms. The key Legal Aid South Africa attraction
and retention strategy is the offering of a viable EVP, which is
appealing to our knowledge-based workforce both in terms of
inancial rewards,professional fulilment,work–lifebalanceand social consciousness in improving the lives of the poor
and vulnerable by providing access to justice.
1.4. EMPLOYEE PERFORMANCE
MANAGEMENT FRAMEWORK
The Legal Aid South Africa Performance Management
Framework has continued to deliver sustainable, holistic
and integrated organisational performance. This is
because the inclusive Performance Management Policy
applies to all permanent employees and because it
contains elements of collective performance and individual
performance, which must be delivered within budget and in
compliance with organisational rules and policies. Stated
differently,whilsteachemployee’sindividualperformanceis critical, every employee has to ensure a team approach
toperformancesothattheorganisation’sbusinessplanisholistically delivered whilst complying with budgetary and
policy frameworks.
The Performance Management Framework also includes
aspects aimed at stimulating innovation, exceptional
performance beyond agreed deliverables and paradigm
changing organisational solutions. In addition, leadership
development and performance forms part of the system for
all managers.
During the period under review, an outcomes-based
performance assessment was introduced. In this method,
whilst they are accountable for their individual performance,
individuals are also made to take collective responsibility for
programme related performance and the overall achievement
of the stated strategic shifts.
1.5. EMPLOYEE WELLNESS
PROGRAMMES
The Employee Wellness Programme took the form of health
awareness programmes and an independent counselling
service. The employment of an in-house clinical psychologist
has continued to reap rewards in terms of assisting legal
professionals to deal with vicarious trauma they are often
exposed to in the course of their criminal cases. During
the year under review, vicarious trauma workshops were
concluded for all high court and district court professional
assistants. These workshops have had the impact of creating
an awareness and understanding of vicarious trauma
symptoms and coping strategies.
1.6. POLICY DEVELOPMENTS:
HIGHLIGHTS, CHALLENGES, FUTURE GOALS
Legal Aid South Africa has benchmarked its human resources
practices against the Best Employers standard and is
pleased that it received Best Employers accreditation for the
sixth consecutive year during 2014–2015. Legal Aid South
Africa has been rated as the number one organisation by
law students across universities in South Africa in the “Ideal
Employer” survey (2014) in the legal sector. The survey was
conducted by Universum.
In keeping with its commitment to continuous improvement
in people management practice, Legal Aid South Africa has
continuously benchmarked its Human Resources Policies
and practices against the Best Employer standards.
A positive and productive relationship was maintained with
the Legal Aid South Africa recognised trade union, the South
African Parastatal and Tertiary Institutions Union (SAPTU).
In forecasting the year ahead, the Human Resources talent
management investment will be in re-enforcing the EVP to
cement the employment partnership and to further integrate
this partnership with the Organisational Culture Programme,
brand loyalty programme and the leadership development
programme.
A key focus in the year ahead will remain business partnering
in order to leverage between the centres of excellence and
the business units across the country. Strategic workforce
planning, Onboarding, Climate and Engagement Monitoring
and Talent Analytics emerge as priorities for the immediate
future.
Culture Statement
“ Proudly Legal Aid South Africa... champion of legal rights,
serving our clients with integrity and conidence. Your Voice. For Justice.”
Leadership Statement
“ Leading with integrity, inspiring excellence and promoting
values and rights enshrined in the Constitution.”
HUMAN RESOURCES MANAGEMENT
93LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
HUMAN RESOURCES MANAGEMENT
2. Human Resources Oversight Statistics
Table 12: Personnel Costs by Business Unit
Directorate / Business unit Total
expenditure
for the entity
(R’000)
Personnel
expenditure
(R’000)
Personnel exp.
as a % of total
exp. (R’000)
No. of
employees
Average
personnel cost
per employee
(R’000)LEGAL AID SOUTH AFRICA: NATIONAL OFFICE
OficeoftheCEO(includeCOO & BS )
R8,221,548 R7,206,224 87,65% 18 R400,346
Internal Audit R16,346,066 R15,081,494 92,26% 31 R486,500
Human Resources R58,267,314 R8,958,689 15,38% 22 R407,213
Communications R8,262,852 R3,559,356 43,08% 10 R355,936
Finance (Include PPU &
CREDITORS)
R34,660,166 R15,970,226 46,08% 42 R380,243
Information Technology R47,503,920 R13,968,874 29,41% 35 R399,111
Corporate Services R27,578,111 R8,625,423 31,28% 27 R319,460
National Operations R11,578,243 R11,308,284 97,67% 36 R314,119
Legal Development Services R39,754,175 R11,620,545 29,23% 32 R363,142
EASTERN CAPE REGION
Aliwal North Justice Centre R7,836,694 R6,810,946 86,91% 19 R358,471
Butterworth Justice Centre R11,160,980 R9,723,810 87,12% 36 R270,106
East London Justice Centre R15,386,292 R13,998,656 90,98% 47 R297,844
EasternCapeRegionalOfice R8,995,242 R5,978,599 66,46% 10 R597,860
Graaf-Reinet Justice Centre R10,591,634 R9,185,125 86,72% 22 R417,506
Grahamstown Justice Centre R16,202,436 R13,615,427 84,03% 44 R309,442
King Williams Town Justice Centre R18,337,728 R16,264,077 88,69% 54 R301,187
PortElizabethJusticeCentre R40,301,299 R36,989,216 91,78% 102 R362,639
Queenstown Justice Centre R17,764,010 R15,279,028 86,01% 46 R332,153
Uitenhage Justice Centre R11,922,570 R10,339,776 86,72% 31 R333,541
Mthatha Justice Centre R37,074,273 R30,934,837 83,44% 104 R297,450
FREE STATE / NORTH WEST
Bethlehem Justice Centre R10,817,904 R9,670,326 89,39% 29 R333,460
Bloemfontein Justice Centre R31,625,382 R28,677,718 90,68% 77 R372,438
Botshabelo Justice Centre R8,832,489 R7,659,668 86,72% 32 R239,365
Free State and North West
RegionalOficeR14,739,327 R13,301,030 90,24% 51 R260,805
Garankuwa Justice Centre R11,554,415 R10,196,046 88,24% 33 R308,971
Klerksdorp Justice Centre R8,481,765 R7,213,757 85,05% 21 R343,512
Kroonstad Justice Centre R7,763,784 R6,581,594 84,77% 26 R253,138
Lichtenburg Justice Centre R15,683,774 R12,471,666 79,52% 47 R265,355
Mahikeng Justice Centre R11,064,845 R9,423,608 85,17% 33 R285,564
Phuthaditjhaba Justice Centre R12,400,291 R10,743,011 86,64% 35 R306,943
Potchefstroom Justice Centre R8,581,793 R5,257,608 61,26% 9 R584,179
Rustenburg Justice Centre R11,638,739 R10,257,849 88,14% 38 R269,943
Vryburg Justice Centre R6,124,783 R4,385,926 71,61% 20 R219,296
Welkom Justice Centre R17,710,789 R15,645,218 88,34% 56 R279,379
94 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Total
expenditure
for the entity
(R’000)
Personnel
expenditure
(R’000)
Personnel exp.
as a % of total
exp. (R’000)
No. of
employees
Average
personnel cost
per employee
(R’000)GAUTENG REGION
Alexandra Justice Centre R11,440,740 R10,058,119 87,91% 38 R264,687
Benoni Justice Centre R21,577,981 R19,948,123 92,45% 75 R265,975
GautengRegionalOfice R10,892,386 R5,773,549 53,01% 12 R481,129
Germiston Justice Centre R12,367,749 R11,440,073 92,50% 39 R293,335
Johannesburg Justice Centre R46,599,221 R38,852,659 83,38% 110 R353,206
Krugersdorp Justice Cntre R15,907,370 R14,896,160 93,64% 54 R275,855
Pretoria Justice Centre R37,704,767 R33,302,979 88,33% 94 R354,287
Soshanguve Justice Centre R10,386,588 R9,488,589 91,35% 28 R338,878
Soweto Justice Centre R25,310,545 R22,962,724 90,72% 71 R323,419
Tembisa Justice Centre R12,291,413 R9,461,792 76,98% 40 R236,545
Vereeniging Justice Centre R22,475,134 R20,636,719 91,82% 57 R362,048
KWAZULU-NATAL REGION
Durban Justice Centre R36,256,176 R32,215,620 88,86% 92 R350,170
Empangeni Justice Centre R20,343,793 R17,266,538 84,87% 70 R246,665
KZNRegionalOfice R8,072,460 R5,727,445 70,95% 10 R572,744
Ladysmith Justice Centre R9,290,432 R7,689,653 82,77% 33 R233,020
Newcastle Justice Centre R11,199,245 R9,669,549 86,34% 39 R247,937
PietermaritzburgJusticeCentre R32,499,190 R28,224,231 86,85% 88 R320,730
Pinetown Justice Centre R13,333,147 R11,289,978 84,68% 48 R235,208
Port Shepstone Justice Centre R17,701,155 R15,154,821 85,61% 51 R297,153
UmlaziJusticeCentre R14,659,059 R12,992,729 88,63% 45 R288,727
Verulam Justice Centre R18,941,167 R16,245,300 85,77% 64 R253,833
Vryheid Justice Centre R12,303,212 R10,057,171 81,74% 37 R271,815
LIMPOPO / MPUMALANGA REGION
Ermelo Justice Centre R14,678,420 R12,203,023 83,14% 42 R290,548
LimpopoRegionalOfice R8,533,544 R5,062,837 59,33% 9 R562,537
Makhado Justice Centre R10,450,495 R8,814,621 84,35% 31 R284,343
Middleburg Justice Centre R13,435,558 R11,610,713 86,42% 45 R258,016
Modimolle Justice Centre R9,385,681 R8,078,583 86,07% 25 R323,143
Nelspruit Justice Centre R26,100,922 R22,494,899 86,18% 77 R292,142
Polokwane Justice Centre R27,334,770 R23,471,982 85,87% 76 R308,842
Thohoyandou Justice Centre R10,984,988 R9,683,808 88,15% 30 R322,794
TzaneenJusticeCentre R17,082,439 R15,001,588 87,82% 46 R326,121
Witbank Justice Centre R15,894,271 R13,512,908 85,02% 53 R254,961
WESTERN CAPE / NORTHERN CAPE
Athlone Justice Centre R31,697,527 R29,415,623 92,80% 104 R282,843
Bellville Justice Centre R18,678,411 R17,186,107 92,01% 62 R277,195
Caledon Justice Centre R11,393,443 R9,120,818 80,05% 24 R380,034
Cape Town Justice Centre R32,353,039 R28,148,880 87,01% 73 R385,601
Colesburg Justice Centre R9,888,198 R8,199,247 82,92% 24 R341,635
George Justice Centre R24,685,860 R21,974,137 89,02% 57 R385,511
Kimberley Justice Centre R23,507,500 R20,024,686 85,18% 64 R312,886
HUMAN RESOURCES MANAGEMENT
95LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Total
expenditure
for the entity
(R’000)
Personnel
expenditure
(R’000)
Personnel exp.
as a % of total
exp. (R’000)
No. of
employees
Average
personnel cost
per employee
(R’000)Malmesbury Justice Centre R9,445,793 R7,985,201 84,54% 27 R295,748
Stellenbosch Justice Centre R20,241,333 R17,417,367 86,05% 66 R263,899
Upington Justice Centre R14,589,690 R11,394,369 78,10% 40 R284,859
Vredendal Justice Centre R10,232,420 R8,586,151 83,91% 26 R330,237
WesternCapeRegionalOfice R9,912,270 R5,416,787 54,65% 9 R601,865
Worcester Justice Centre R10,206,297 R8,957,376 87,76% 31 R288,948
Table 13: Personnel Cost by Salary Band
Level Personnel
expenditure
(R’000)
% of personnel
exp. to total
personnel cost
No. of
employees
Average
personnel cost
per employee
(R’000)Top Management (Level 14–16) R22,744,149 2% 18 R1,263,564
Senior Management (Level 13, CM1) R93,666,795 8% 103 R909,386
Professionalqualiied(SU_LV10,11,12–LP3 to LP10, SU1 and SU2)
R764,403,047 69% 1,530 R499,610
Skilled(SU_LV8,9+paralegals+LP1,LP2) R109,232,003 10% 1,189 R91,869
Semi-skilled(SU_LV4,5,6,7)excludingparalegals)
R113,390,929 10% 659 R172,065
Total R1,103,436,924 100% R3,499 R2,936,494
Table 14: Performance Rewards
Salary band Performance
rewards
Personnel
expenditure
(R’000)
% of
performance
rewards to
total personnel
cost (R’000)Top Management (Level 14–16) R2,208,938 R22,744,149 9,7%
Senior Management (Level 13, CM1) R5,068,240 R93,666,795 5,4%
Professionalqualiied(SU_LV10,11,12–LP3toLP10,SU1andSU2) R27,112,406 R764,403,047 3,5%
Skilled(SU_LV8,9+paralegals+LP1,LP2) R829,240 R109,232,003 0,8%
Semi-skilled(SU_LV4,5,6,7)excludingparalegals) R4,074,550 R113,390,929 3,6%
Total R39,293,372 R1,103,436,924 3,6%
HUMAN RESOURCES MANAGEMENT
96 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Personnel
expenditure
(R’000)
Training
expenditure
(R’000)
Training
expenditure
as a % of
personnel cost
No. of
employees
trained
Avg training
cost per
employee
LEGAL AID SOUTH AFRICA: NATIONAL OFFICE
OficeoftheCEO(includeCOO & BS)
R7,206,224 R1,754 0,02% 5 R351
Internal Audit R15,081,494 R108,761 0,72% 14 R7,769
Human Resources R8,958,689 R611,987 6,83% 332 R1,843
Communications R3,559,356 R7,240 0,20% 4 R1,810
Finance (Include PPU &
CREDITORS)
R15,970,226 R49,714 0,31% 40 R1,243
Information Technology R13,968,874 R168,832 1,21% 15 R11,255
Corporate Services R8,625,423 R58,733 0,68% 23 R2,554
National Operations R11,308,284 R4,081 0,04% 3 R1,360
Legal Development Services R11,620,545 R1,816,369 15,63% 1,202 R1,511
EASTERN CAPE REGION
Aliwal North Justice Centre R6,810,946 R9,376 0,14% 2 R4,688
Butterworth Justice Centre R9,723,810 R17,883 0,18% 14 R1,277
East London Justice Centre R13,998,656 R23,088 0,16% 14 R1,649
EasternCapeRegionalOfice R5,978,599 R74,656 1,25% 77 R970
Graaf-Reinet Justice Centre R9,185,125 R10,645 0,12% 1 R10,645
Grahamstown Justice Centre R13,615,427 R14,831 0,11% 10 R1,483
King Williams Town
Justice Centre
R16,264,077 R15,360 0,09% 11 R1,396
PortElizabethJusticeCentre R36,989,216 R22,883 0,06% 31 R738
Queenstown Justice Centre R15,279,028 R14,421 0,09% 7 R2,060
Uitenhage Justice Centre R10,339,776 R13,906 0,13% 7 R1,987
Mthatha Justice Centre R30,934,837 R27,211 0,09% 27 R1,008
FREE STATE / NORTH WEST
Bethlehem Justice Centre R9,670,326 R22,316 0,23% 4 R5,579
Bloemfontein Justice Centre R28,677,718 R78,313 0,27% 16 R4,895
Botshabelo Justice Centre R7,659,668 R31,573 0,41% 7 R4,510
Free State and North West
RegionalOficeR13,301,030 R180,919 1,36% 88 R2,056
Garankuwa Justice Centre R10,196,046 R44,565 0,44% 16 R2,785
Klerksdorp Justice Centre R7,213,757 R50,865 0,71% 7 R7,266
Kroonstad Justice Centre R6,581,594 R23,759 0,36% 6 R3,960
Lichtenburg Justice Centre R12,471,666 R21,615 0,17% 4 R5,404
Mahikeng Justice Centre R9,423,608 R45,355 0,48% 15 R3,024
Phuthaditjhaba Justice Centre R10,743,011 R32,582 0,30% 10 R3,258
Potchefstroom Justice Centre R5,257,608 R19,200 0,37% 12 R1,600
Rustenburg Justice Centre R10,257,849 R26,000 0,25% 10 R2,600
Vryberg Justice Centre R4,385,926 R12,800 0,29% 7 R1,829
Welkom Justice Centre R15,645,218 R61,230 0,39% 21 R2,916
Table 15: Training Costs
HUMAN RESOURCES MANAGEMENT
97LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Personnel
expenditure
(R’000)
Training
expenditure
(R’000)
Training
expenditure
as a % of
personnel cost
No. of
employees
trained
Avg training
cost per
employee
GAUTENG REGION
Alexandra Justice Centre R10,058,119 R4,480 0,04% 17 R264
Benoni Justice Centre R19,948,123 R18,870 0,09% 31 R609
GautengRegionalOfice R5,773,549 R334,151 5,79% 67 R4,987
Germiston Justice Centre R11,440,073 R3,130 0,03% 14 R224
Johannesburg Justice Centre R38,852,659 R7,395 0,02% 26 R284
Pretoria Justice Centre R14,896,160 R38,214 0,26% 25 R1,529
Krugersdorp Justice Centre R33,302,979 R14,550 0,04% 17 R856
Soweto Justice Centre R9,488,589 R23,056 0,24% 23 R1,002
Vereeniging Justice Centre R22,962,724 R13,283 0,06% 11 R1,208
Soshanguve Justice centre R9,461,792 R2,462 0,03% 11 R224
Tembisa Justice Centre R20,636,719 R13,403 0,06% 12 R1,117
KWAZULU-NATAL REGION
Durban Justice Centre R32,215,620 R56,338 0,17% 26 R2,167
Empangeni Justice Centre R17,266,538 R60,977 0,35% 19 R3,209
KZNRegionalOfice R5,727,445 R130,344 2,28% 72 R1,810
Ladysmith Justice Centre R7,689,653 R16,115 0,21% 8 R2 014
Newcastle Justice Centre R9,669,549 R19,550 0,20% 15 R1,303
PietermaritzburgJusticeCentre R28,224,231 R72,988 0,26% 29 R2,517
Pinetown Justice Centre R11,289,978 R16,308 0,14% 18 R906
Port Shepstone Justice Centre R15,154,821 R51,995 0,34% 8 R6,499
UmlaziJusticeCentre R12,992,729 R51,337 0,40% 15 R3,422
Verulam Justice Centre R16,245,300 R44,928 0,28% 21 R2,139
Vryheid Justice Centre R10,057,171 R34,550 0,34% 7 R4,936
LIMPOPO / MPUMALANGA REGION
Ermelo Justice Centre R12,203,023 R2,600 0,02% 6 R433
LimpopoRegionOfice R5,062,837 R458,036 9,05% 105 R4,362
Makhado Justice Centre R8,814,621 R0 0,00% 0 R0
Middleburg Justice Centre R11,610,713 R0 0,00% 0 R0
Modimolle Justice Centre R8,078,583 R0 0,00% 0 R0
Nelspruit Justice Centre R22,494,899 R10,650 0,05% 19 R561
Polokwane Justice Centre R23,471,982 R1,895 0,01% 18 R105
Thohoyandou Justice Clinic R9,683,808 R1,300 0,01% 8 R163
TzaneenJusticeCentre R15,001,588 R0 0,00% 0 R0
Witbank Justice Centre R13,512,908 R6,500 0,05% 16 R406
WESTERN CAPE / NORTHERN CAPE
Athlone Justice Centre R29,415,623 R19,620 0,07% 29 R677
Bellville Justice Centre R17,186,107 R30,840 0,18% 28 R1,101
Caledon Justice Centre R9,120,818 R4,978 0,05% 5 R996
Cape Town Justice Centre R28,148,880 R31,828 0,11% 20 R1,591
Colesburg Justice Centre R8,199,247 R0 0,00% 0 R0
George Justice Centre R21,974,137 R21,480 0,10% 6 R3,580
HUMAN RESOURCES MANAGEMENT
98 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Personnel
expenditure
(R’000)
Training
expenditure
(R’000)
Training
expenditure
as a % of
personnel cost
No. of
employees
trained
Avg training
cost per
employee
Kimberley Justice Centre R20,024,686 R10,677 0,05% 18 R593
Malmesbury Justice Centre R7,985,201 R5,706 0,07% 6 R951
Stellenbosch Justice Centre R17,417,367 R38,119 0,22% 29 R1,314
Upington Justice Centre R11,394,369 R10,083 0,09% 9 R1,120
Vredendal Justice Centre R8,586,151 R13,534 0,16% 5 R2,707
WesternCapeRegionalOfice R5,416,787 R80,791 1,49% 79 R1,023
WorcesteRJustice Centre R8,957,376 R10,857 0,12% 10 R1,086
Table 16: Employment and Vacancies per Region
Regions Number of
posts
Number of
posts illedNumber of
permanent
posts illed
Vacancy rate % *Number of
posts illed additional to
establishment
NationalOfice 206 190 187 9% 3
Western and Northern Cape
Region
491 475 449 9% 26
KwaZulu-Natal Region 432 433 415 4% 18
Eastern Cape Region 419 413 400 5% 13
Gauteng Region 487 472 457 6% 15
Free State and North West
Region
409 381 377 8% 4
Limpopo and Mpumalanga
Region
353 342 334 5% 8
Total 2,797 2,706 2,619 6% 87
* Includes Candidate Attorneys and Temps
Table 17: Employment Changes
Salary band Employment
at beginning of
period
Appointments Terminations Employment
at end of the
period
Top Management 16 2 2 15
Senior Management 95 9 4 94
Professionalqualiied 1,282 205 92 1,344
Skilled 820 336 382 813
Semi-skilled 372 36 20 353
Total 2,585 588 500 2,619
HUMAN RESOURCES MANAGEMENT
99LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 18: Employment and Vacancies per Critical Occupation
Regions Number of
posts
Number of
posts illed Vacancy rate Succession
planning
candidates in
development
programmes
Legal 6 6 0% 16
Finance 1 1 0% 1
Human Resources 1 1 0% 2
Internal Audit 1 1 0% 0
Legal Development 1 1 0% 2
Corporate Services 1 1 0% 1
Information Services 1 1 0% 2
Communications 1 1 0% 2
National Operations 1 1 0% 3
Chief Operations 1 1 0% 2
Chief Executive 1 1 0% 3
Total 16 16 0% 34
Table 19: Reasons for Staff Leaving
Termination type Number % of total
terminations
Abscondment 0 0,00%
Death 8 1,60%
Dismissal 10 2,00%
Resignation 167 33,40%
End of contract* 303 60,60%
Retirement 10 2,00%
Medical Boarding 2 0,40%
Dismissal due to operational changes 0 0,00%
Total 500 100,00%
*LegalAidSouthAfricaemploys±600CandidateAttorneyseachyear.Theseappointmentsaremadeonaixedtermcontractbasis. These contracts expire after 24 months.
Table 20: Labour Relations: Misconduct and Disciplinary Action
Nature of disciplinary action Number
Verbal Warning 12
Written Warning 15
Final Written warning 5
Dismissal 8
Other 9
Total 49
HUMAN RESOURCES MANAGEMENT
100 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 21: Equity Target and Employment Equity Status
Levels Male
African Coloured Indian White
Current Target Current Target Current Target Current Target
Top Management 7 6 0 1 1 0 1 1
Senior Management 39 38 6 6 6 2 10 7
Professionalqualiied 530 538 53 81 44 27 141 94
Skilled 98 91 9 14 0 5 1 16
Semi-skilled 66 141 7 21 2 7 1 25
Total 740 814 75 123 53 41 154 143
* Excluding Candidate Attorneys / Temps
Levels Female
African Coloured Indian White
Current Target Current Target Current Target Current Target
Top Management 2 5 2 1 1 0 1 1
Senior Management 16 32 4 5 4 1 10 5
Professionalqualiied 310 457 105 67 53 13 108 67
Skilled 96 78 17 11 2 2 5 11
Semi-skilled 194 120 45 18 10 4 27 18
Total 618 692 173 102 70 20 151 102
* Excluding Candidate Attorneys / Temps
Levels Disabled Staff
Male Female
Current Target Current Target
Top Management 0 0 0 0
Senior Management 2 1 1 1
Professionalqualiied 24 15 5 12
Skilled 0 2 3 2
Semi-skilled 2 2 4 6
Total 28 20 13 21
* A 2% target has been set for disabled persons.
* Excluding Candidate Attorneys / Temps
The organistion is challeged in meeting its targets for African Females at the Top, Senior and Middle Management level. This is
being addressed through the 2015–2020 Employment Equity Plan.
HUMAN RESOURCES MANAGEMENT
101LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTF:FINANCIAL INFORMATION
FINANCIAL INFORMATIONFor the year ended 31 March 2015
102 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Statement of Responsibility
Refer to page 22 for the Statement of Responsibility.
2. Report of the Chief Executive Oficer
GENERAL FINANCIAL REVIEW
SoundinancialmanagementandgoodgovernancepracticecontinuetobekeystrengthsofLegalAidSouthAfrica.LegalAidSouthAfricahascontinuedtostrengthenitsinancialmanagementcontrolsbackedbystronginancialriskmanagementcontrolsand processes. The organisation reviewed its policies and procedures to be in line with best practices in the industry. Legal Aid
South Africa achieved its targets within the budget constraints it operates under due to prudent and effective cost management
measures.Theorganisation’smainsourceofrevenueisthegovernmentgrant,whichamountedtoR1,504billioninthe2014–2015inancialyear,whichis9%morethanthe2013–2014allocation.ThehigherincreasewasduetoadditionalfundsofR19,3million received for Case Backlog Project relating to conversion of temporary appointments to permanent posts, and R19,5 million
from IJS for e-Legal Aid Administration (eLAA) System Development Project.
Amongst the key initiatives in the period under review was the development of the Internal Control Framework and the approval
thereofbytheBoard.TheInternalControlFrameworkisaimedatensuringamongstothers:• thereliabilityandintegrityofinancialandoperationalinformation• theeffectivenessofoperations• safeguardingofassets• compliancewithlaws,regulationsandcontrols
ExPENDITURE: TRENDS AND CHALLENGES
Theorganisationcompletedtheinancialyearonapositivenotebyimplementingthe2014–2015approvedbudgetandspendingand committing 98,6% of its budget. This was a continuation of the spending trends that the organisation has shown previously,
of spending more than 98% of its budget.
LegalAidSouthAfricafaceschallengeswithregardtooficeaccommodationastheorganisationoperatesinrentedpremises.Theescalation rates and/or renewal of these leases are usually higher than the macro increases of 5%–6% provided by National Treasury.
High employee costs also bring inancial challenges due to higher cost of living increases that are higher than theNationalTreasury macro increases of 5%.Volatile vehicle fuel prices continue to be a challenge as they continue to increase above the
inlationrates.
These high costs are absorbed within the baseline allocation by reducing and/or not increasing other operating expenditure items.
Althoughthisprudentbudgetinghasworkedinthepastinancialyears,itisnotsustainableinthelongterm.
ROLLOVER OF FUNDS FROM 2014–2015
Duringthe2014–2015inancialyear,LegalAidSouthAfricaembarkedonprojects–mostnotablythedevelopmentofthenewsystem to enhance its IT infrastructure to align to its business operational needs. Due to the complexity of the procurement
processesandthesystemdevelopment,thisandotherprojectscouldnotbeinalisedbytheendoftheinancialyearunderreview.Otherprojectssuchasimpactlitigationmatters,runoveralengthyperiodoftime,whichthenextendsintothenewinancialyear.
Legal Aid South Africa participates National Treasury motor vehicle transversal contract (RT 57 of 2015).
Ordersformotorvehicleswereplacedwiththesuppliertimeously;however,thesupplierselecteddidnothavesuficientstocktodeliver the total orders placed by year end and the balance of the vehicles ordered were delivered subsequent to year end.
Sincemostoftheseprojectswerecompletedinthecurrentinancialyear,theorganisationappliedtoNationalTreasuryforapprovaltorolloverthesecommittedfundstotheinancialyear2015–2016astheycouldnotbeabsorbedinthe2015–2016budget.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
103LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUPPLY CHAIN MANAGEMENT (SCM)
Legal Aid South Africa submitted its Procurement Plan to National Treasury by 30 April 2014 as required in terms of National
Treasury Instruction Note. Legal Aid South Africa also reviewed its SCM policies and procedures to align them to the applicable
legislation, National Treasury regulations, practice notes and best practices. The organisation had in place effectively functioning
Bid Evaluation and Bid Adjudication Committees. Compliance with SCM policies and procedures was managed by Executive
Management and Regional Ofice and Justice Centre Management, and was monitored and audited by the Internal AuditDepartment.
The organisation was able to implement its approved Procurement Plan within the allocated budget.
Achallengethattheorganisationfacedrelatestoprocurementofoficeaccommodation,especiallyinruralandremoteareas.Inmost of these areas the possible suppliers did not comply with supply chain management policy requirements and as a result the
organisationwasnotabletoleaseoficespacefromthem.
Duringthe2013–2014inancialyear,theBoardapprovedtheacquisitionofimmovablepropertyinareaswherewearefacingchallenges. We were not able to procure immovable property despite engaging alternative procurement procedures as there were
nosuitablebuildingsthatmetLegalAidSouthAfrica’srequirements.Bytheendofinancialyearunderreview(2014–2015),six(6)buildingswereidentiiedandlandownerswereengagedtopurchasetheproperties.Howeverthesetransactionscouldnotbeinalisedbyyearendduetothecomplexityofthenatureofacquisitionofimmovableproperty.Fundssetasideforthispurposewere included in the rollover request to National Treasury.
99,9% of Judicare creditors were paid within 30 days while 99,3% of trade creditors were paid within 30 days. Systems have been
put in place to improve the payment turnaround rate of our creditors.
ASSET MANAGEMENT
In terms of sub-section 51(1)(c) of the Public Finance Management Act as amended, the Accounting Authority for a public entity is
responsible for the management, including the safeguarding, of the assets and for the management of the revenue, expenditure
and liabilities of the public entity.
Inadditiontothenormalday-to-dayadministrationandmanagementofLegalAidSouthAfrica’sassetregister,theorganisationundertookseveralactivitiesincludingthefollowing:• QuarterlyAssetVeriication
Theinanceandadministrationstaffatvariouscostcentrescontinuedtocarryoutandmanagetheassetveriicationprocesses.Theinternalprocessbeneitedtheorganisationthroughcostsavings,createdopportunitiesforskillsdevelopmentandprovidedhands-onknowledgeandawarenessonassetmanagementmatters.Overallcoverageforassetveriicationinthe2014–2015inancialperiodwas100%,animprovementof0,1%comparedtothe99,9%coverageinthe2013–2014inancialyear.Focusin2014–2015annualassetveriicationwastoensurethattheorganisationdeclareandwithdrawfromserviceanyunusedassetsorassets broken beyond economical repair.
Theorganisationprocurednewixedassetsscannersduringtheinancialyearunderreviewastheoldoneshadreachedtheiruseful lives.
During the 2014–2015 inancial year, the organisation had functional Justice Centres, regional and national ofice disposalcommittees. These committees approved assets for disposal in terms of the Approved Fixed Assets Policy.
AUDIT 2013–2014
The organisation submit its Annual Financial Statements for 2013–2014 to the Auditor-General and National Treasury timeously.
LegalAidSouthAfricareceiveditsthirteenthunqualiiedauditopinionin2013–2014withnomattersemphasisedbytheAuditor-General.
Interiminancialstatementswereissuedforvariousquartersofthe2014–2015inancialyearthatdepictedatrueandfairviewoftheinancialperformance,inancialposition,changesinnetassetsandcashlowsoftheorganisationattheendofeachquarter.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
104 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
IMPACT OF FINANCIAL POSITION ON PERFORMANCE
During the 2014–2015 the organisation received R5 million as additional funding to increase its legal capacity, R19,3 million
relating to conversion of temporary case backlog posts to permanent posts and IJS funding for development of the new eLAA
system.
The number of new legal matters increased by only a small margin compared to previous year due to lack of additional capacity.
Theorganisationplanstocontinuewiththecurrentactivitiesandstrategiestabledinitsive-yearstrategicplan(2015–2020)andcontinues to assess and evaluate other cost effective methods of services delivery within our budget constraints.
ECONOMIC VIABILITY
The organisation understands the budget constraints the country is facing. The shedding of jobs will increase the impact on
demandforlegalserviceswiththeconsequentimpactontheiscus,whichisthemainsourceoffundingfortheorganisation.Theorganisation will continue to implement prudent and cost effective measures in striving to achieve its strategies and deliver legal
services as well as address the challenge of increasing demands for legal aid services in the context of limited funding.
OUTLOOK/PLAN FOR THE FUTURE TO ADDRESS FINANCIAL CHALLENGES
Over theMTEFperiod,NationalTreasury conirmedadditional funding to increase legal practitioners capacity to service thenew courts expansion programme of R18 million in 2015–2016 with carry-through costs of R20 million and R22 million in 2016–
2017and2017–2018respectively.TheNationalTreasuryalsoconirmedanamountofR21,1millionwithcarry-throughcostsof R22,2 million and R23,3 million in 2016–2017 and 2017–2018 respectively for the Case Backlog Project, i.e. conversion of
temporarypoststopermanent.Thesefundsarespeciicallymeanttoaddresslegalcapacityissues.
In the year under review the organisation utilised R19,3 million received from National Treasury to convert about 38 case backlog
temporary posts to permanent posts.
The organisation completed and submitted its Budget for 2015–2016 to the Executive Authority.
NationalTreasuryinformedLegalAidSouthAfricaaboutbudgetcutsforthe2015–2016inancialyearamountingtoR62millionandR93millionfor2016–2017inancialyear.Thebudgetcutwillbefundedfromtheorganisation’scashreserves.Itwillthereforehave no adverse impact on service delivery. The organisation will continue to be a going concern in the foreseeable future.
EVENTS AFTER REPORTING DATE
The organisation produced its inancial statements for 2014–2015 and submitted them to theAuditor-General and NationalTreasury timeously.
There were no material events that occurred between the reporting date and the date of this report.
Ms V Vedalankar
ChiefExecutiveOficer–LegalAidSouthAfrica25 July 2015
FINANCIAL INFORMATIONFor the year ended 31 March 2015
105LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Report of the Auditor-General to Parliament on
Legal Aid South Africa
REPORT ON THE FINANCIAL STATEMENTS
Introduction
1. IhaveauditedtheinancialstatementsofLegalAidSouthAfricasetoutonpages108to151,whichcomprisethestatementofinancialpositionasat31March2015,thestatementofinancialperformance,statementofchangesinnetassets,cashlowstatementandstatementofcomparisonofbudgetinformationwithactualinformationfortheyearthenended,aswellasthenotes,comprisingasummaryofsigniicantaccountingpoliciesandotherexplanatoryinformation.
Accounting authority’s responsibility for the inancial statements
2. Theaccountingauthorityisresponsibleforthepreparationandfairpresentationoftheseinancialstatementsinaccordancewith South African Standards of Generally Recognised Accounting Practice (SA Standards of GRAP and the requirements
of the Public Finance Management Act of South Africa, 1999 (Act No.1 of 1999)(PFMA), and for such internal control as the
accountingauthoritydeterminesisnecessarytoenablethepreparationofinancialstatementsthatarefreefrommaterialmisstatement, whether due to fraud or error.
Auditor-general’s responsibility
3. My responsibility is to expressanopinionon these inancial statements basedonmyaudit. I conductedmyaudit inaccordance with International Standards on Auditing. Those standards require that I comply with ethical requirements, and
planandperformtheaudittoobtainreasonableassuranceaboutwhethertheinancialstatementsarefreefrommaterialmisstatement.
4. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in inancialstatements.Theproceduresselecteddependontheauditor’sjudgement,includingtheassessmentoftherisksofmaterialmisstatementoftheinancialstatements,whetherduetofraudorerror.Inmakingthoseriskassessments,theauditorconsiders internalcontrol relevant to theentity’spreparationand fairpresentationof theinancial statements inorderto design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion
ontheeffectivenessoftheentity’sinternalcontrol.Anauditalsoincludesevaluatingtheappropriatenessofaccountingpolicies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall
presentationoftheinancialstatements.
5. IbelievethattheauditevidenceIhaveobtainedissuficientandappropriatetoprovideabasisformyauditopinion.
Opinion
6. Inmyopinion,theinancialstatementspresentfairly,inallmaterialrespects,theinancialpositionoftheLegalAidSouthAfricaasat31March2015anditsinancialperformanceandcashlowsfortheyearthenended,inaccordancewithSAStandards of GRAP and the requirements of the Public Finance Management Act of South Africa, 1999 (Act No.1 of 1999)
(PFMA).
FINANCIAL INFORMATIONFor the year ended 31 March 2015
106 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS
7. In accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) and the general notice issued in terms
thereof,Ihavearesponsibilitytoreportindingsonthereportedperformanceinformationagainstpredeterminedobjectivesfor selected programmes presented in the annual performance report, non-compliance with legislation and internal control.
The objective ofmy tests was to identify reportable indings as described under each subheading but not to gatherevidence to express assurance on these matters. Accordingly, I do not express an opinion or conclusion on these matters.
Predetermined objectives
8. I performed procedures to obtain evidence about the usefulness and reliability of the reported performance information for
the following selected programmes presented in the annual performance report of the public entity for the year ended 31
March2015:
• Programme1: Todeliver(increaseaccess)qualitycriminallegalservicesthatareclientfocusedonpages35to36. • Programme2: Toincreaseaccesspoints,includingtovulnerablegroups,tocriminallegalaidservicesonpage36. • Programme3: Todeliver(increaseaccess)qualitycivillegalaidservicesthatareclientfocusedonpage36. • Programme4: Todeliver(increaseaccess)qualitylegaladviceservicesthatareclient-focusedonpage37. • Programme5: To increaseaccess to justice through impact litigation-which isable toaddressConstitutional
rights and socio economic rights and develop jurisprudence on these matters on page 37.
• Programme21:To adjust themixedmodel service deliverymodel to improve court coverage and delivery onpages 45.
• Programme27:ExpandandmaintaintheNationalFootprint,includingphysicalandICTservicepoints,toimproveaccess, especially in rural areas on page 47.
9. I evaluated the reported performance information against the overall criteria of usefulness and reliability.
10. I evaluated the usefulness of the reported performance information to determine whether it was presented in accordance
withtheNationalTreasury’sannualreportingprinciplesandwhetherthereportedperformancewasconsistentwiththeplannedprogrammes.Ifurtherperformedteststodeterminewhetherindicatorsandtargetswerewelldeined,veriiable,speciic,measurable,timeboundandrelevant,asrequiredbytheNationalTreasury’sFrameworkformanagingprogrammeperformance information (FMPPI).
11. I assessed the reliability of the reported performance information to determine whether it was valid, accurate and complete.
12. Ididnot identifyanymaterialindingsontheusefulnessandreliabilityof thereportedperformanceinformationfor thefollowingprogrammes:
• Programme1: Todeliver(increaseaccess)qualitycriminallegalservicesthatareclientfocused. • Programme2: Toincreaseaccesspoints,includingtovulnerablegroups,tocriminallegalaidservices. • Programme3: Todeliver(increaseaccess)qualitycivillegalaidservicesthatareclientfocused. • Programme4: Todeliver(increaseaccess)qualitylegaladviceservicesthatareclient-focused. • Programme5: To increaseaccess to justice through impact litigation-which isable toaddressConstitutional
rights and socio economic rights and develop jurisprudence on these matters.
• Programme21:Toadjustthemixedmodelservicedeliverymodeltoimprovecourtcoverageanddelivery. • Programme27:ExpandandmaintaintheNationalFootprint,includingphysicalandICTservicepoints,toimprove
access, especially in rural areas.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
107LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Additional matter
13. AlthoughIidentiiednomaterialindingsontheusefulnessandreliabilityofthereportedperformanceinformationfortheselectedprogrammes,Idrawattentiontothefollowingmatter:
Achievement of planned targets
14. Refer to the annual performance report on pages 25 to 54 for information on the achievement of the planned targets for the year.
Compliance with legislation
15. Iperformedprocedurestoobtainevidencethatthepublicentityhadcompliedwithapplicablelegislationregardinginancialmatters,inancialmanagementandotherrelatedmatters.Ididnotidentifyanyinstancesofmaterialnon-compliancewithspeciicmattersinkeylegislation,assetoutinthegeneralnoticeissuedintermsofthePAA.
Internal control
16. Iconsideredinternalcontrolrelevanttomyauditoftheinancialstatements,annualperformancereportandcompliancewithlegislation.Ididnotidentifyanysigniicantdeicienciesininternalcontrol.
Pretoria
31 July 2015
FINANCIAL INFORMATIONFor the year ended 31 March 2015
108 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
4. Annual Financial Statements
COUNTRYOFINCORPORATION: South Africa
NATUREOFBUSINESS: Provide legal services to the indigent
MEMBERSOFACCOUNTINGAUTHORITY: Judge President D Mlambo – Chairperson*
Judge E Molahlehi – Deputy Chairperson (Resigned 31 May 2014)
Mr J Maree*
Adv. P du Rand
Ms N Memka*
MsNMgadza* Prof. Y Vawda*
Ms M Naidoo*
Adv. K Pillay
Ms R Subban
Ms T Mhlungu*
Ms M Monama (Appointed 1 July 2014)
Ms B Mxakwe
MrWScholtz Mr M Notyesi*
Mr MNF Mvundlela (Appointed 31 October 2014)
Ms A Rhoda*
Mr JC Janse van Rensburg – Alternate member
(Appointed 1 January 2015)
Adv. R Jansen – Alternate member
* Term expired and reappointed during the period under review.
REGISTEREDOFFICE: 29 De Beer Street
Braamfontein
Johannesburg
BUSINESSADDRESS: 29 De Beer Street
Braamfontein
Johannesburg
POSTALADDRESS: PrivateBagX76 Braamfontein
2017
BANKERS: First National Bank
South African Reserve Bank
AUDITORS: Auditor-General South Africa
FINANCIAL INFORMATIONFor the year ended 31 March 2015
109LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
ThereportsandstatementssetoutbelowcomprisetheAnnualFinancialStatementspresentedtothemembers:
INDEX PAGE
Report of the Auditor-General 105
Report of the Accounting Authority 111
Statement of Financial Position 112
Statement of Financial Performance 113
Statement of Changes in Net Assets 113
Cash Flow Statement 114
Statement of Comparison of Budget and Actual Amounts 115
Notes to the Annual Financial Statements 125
FINANCIAL INFORMATIONFor the year ended 31 March 2015
110 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
ACCOUNTING AUTHORITY’S RESPONSIBILITY AND APPROVAL
The Public Finance Management Act (No. 1 of 1999) (PFMA), as amended, requires the Accounting Authority to ensure that Legal
AidSouthAfricakeepsfullandproperrecordsofitsinancialaffairs.TheFinancialStatementshavebeenpreparedinaccordancewith the effective Standards of Generally Recognised Accounting Practice (GRAP), including any interpretations and directives
issued by the Accounting Standards Board.
TheAnnualFinancialStatementsare the responsibility of theAccountingAuthority.Theexternal auditor’s responsibility is toindependently audit and report on the fair presentation of the Annual Financial Statements in conformity with South African
Auditing Standards. The Annual Financial Statements have been prepared in accordance with standards of Generally Recognised
Accounting Practices as prescribed by the PFMA.
ToenablethemembersoftheAccountingAuthoritytofuliltheirresponsibilities,appropriatestandardsaresetandagreedattheirlevel, and require systems of internal control and risk management to be implemented. These are designed to provide reasonable
assuranceagainstmaterialmisstatementsanddeicits.LegalAidSouthAfricamaintains internalinancial controls toprovideassurance regarding the safeguarding of assets against unauthorised use or disposition as well as the maintenance of proper
accountingrecordstoprovidereliableinancialinformationforusewithintheorganisationorforpublication.
Theinternalcontrolscontainself-monitoringmechanisms,andactionsaretakentomitigateriskasidentiied.Evenaneffectivesystemofinternal control, no matter how well designed, has inherent limitations, including the possibility of circumvention or the overriding of controls.
Aneffectivesystemofinternalcontrolthereforeaimstoprovidereasonableassurancethatinancialinformationisaccurate,validandcomplete,toensurethattheinancialstatementsfairlypresenttheinancialpositionofLegalAidSouthAfrica.
Theeffectivenessofinternalinancialcontrolsmayvaryovertimeduetothechangesinconditions.
TheAccountingAuthorityhasreviewedLegalAidSouthAfrica’sbudgetsandcashlowforecastsfortheyear.Onthebasisofthisreview,andinviewofthecurrentinancialposition,theAccountingAuthorityhaseveryreasontobelievethatLegalAidSouthAfrica will be a going concern in the current and year ahead. Accordingly, Annual Financial Statements have been prepared on the
goingconcernbasis,sincetheAccountingAuthorityhaseveryreasontobelievethattheorganisationhassuficientresourcestocontinue in operation for the foreseeable future.
In 2015–2016 Legal Aid South Africa will have a budget cut of R62 million, which will be funded from the cash and cash equivalent
reserves. This budget cut will not have an impact on the service delivery and the organisation will continue to be a going concern
for the foreseeable future.
The Annual Financial Statements that appear on pages 108 to 151 were approved by the Accounting Authority on 25 July 2015
andsignedontheirbehalfby:
Vidhu Vedalankar Judge President Dunstan Mlambo
ChiefExecutiveOficer ChairpersonLegal Aid South Africa Legal Aid South Africa
Johannesburg Johannesburg
FINANCIAL INFORMATIONFor the year ended 31 March 2015
111LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
REPORT OF THE ACCOUNTING AUTHORITY
The Members of the Accounting Authority present their report for the Annual Financial Statements.
1. Incorporation
Legal Aid South Africa was established on 26 March 1969 in terms of Legal Aid Act (No. 22 of 1969). In December 2014 the President of
the Republic approved a new Legal Aid South Africa Act (Act No.39 of 2014), which came into effect on the 1st of March 2015.
2. Business and operations
LegalAidSouthAfrica’sbusinessandoperations,andtheresultsthereofareclearlyrelectedintheattachedAnnualFinancialStatements. No material fact or circumstance has occurred between the accounting date and the date of this report. Legal Aid
South Africa carries on the business of providing legal services to indigent residents of South Africa utilising state funding. There
was no major change in the nature of the business.
3. Financial results
The results of Legal Aid South Africa and the state of its affairs are set out in the attached Annual Financial Statements and do not,
inouropinion,requirefurthercomments.Theinancialpositionoftheorganisation,whichissetoutintheStatementofFinancialPosition,showsithasnoborrowings.LegalAidSouthAfrica’ssurplusonordinaryactivitiesfortheyearamountedtoR71193200(March2014:R44174179).
4. Property, plant and equipmentThere have been no major changes in the property, plant and equipment during the period or any changes in the policy relating
to their use except the change in accounting estimates. The useful life of computer equipment was revised from its old useful life
ofthreeyearstoanewusefullifeoffouryears.Theusefullifeofmotorvehicleswasrevisedfromitsoldusefullifeofiveyearsto a new useful life of six years.
5. Members of the Accounting Authority
The members of the Accounting Authority of Legal Aid South Africa, all of whom are South Africans, during the accounting period
anduptothedateofthisreportwereasfollows:Judge President D Mlambo – Chairperson*
Judge E Molahlehi – Deputy Chairperson (Resigned on 31 May 2014)
Mr J Maree*
Adv. P du Rand
Ms N Memka*
MsNMgadza*Prof. Y Vawda*
Ms M Naidoo*
Adv. K Pillay
Ms R Subban
Ms T Mhlungu*
Ms M Monama (Appointed 1 July 2014)
Ms B Mxakwe
MrWScholtzMr M Notyesi*
Mr MNF Mvundlela (Appointed 31 October 2014)
Ms A Rhoda*
Mr JC Janse van Rensburg – Alternate member (Appointed 1 January 2015)
Adv. R Jansen – Alternate member
* Term expired and were reappointed during the period under review.
6. Subsequent events
Nomaterialfactorcircumstancehasoccurredsincetheinancialpositionofthisreport.Johannesburg
FINANCIAL INFORMATIONFor the year ended 31 March 2015
112 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Statement of Financial Position
Notes
March
2015
R
Restated
March
2014
R
ASSETS
Non-current assets 156,774,516 127,103,385
Property, plant and equipment 2 148,340,663 118,709,633
Finance lease assets 2,1 4,444,775 4,938,768
Intangible assets 3 3,989,078 3,454,984
Non-current assets held for sale 4 - 23,261
Current assets 472,253,042 431,486,957
Trade and other receivables 5 1,259,080 421,818
Prepayments 6 1,475,879 6,152,554
Client trust funds 7 29,208,068 35,287,091
Deposits 8 1,751,291 1,936,750
Inventories 9 1,392,502 1,321,085
Cash and cash equivalents 10.a 437,166,222 386,367,659
Total assets 629,027,558 558,613,603
NET ASSETS AND LIABILITIES
Accumulated surplus 380,445,424 309,252,224
Non-current liabilities
Non-currentportionofinancelease 11 1,624,211 2,126,308
Employeebeneits 12 1,398,000 1,029,000
Current liabilities 245,559,923 246,206,071
Currentportionofinancelease 11 2,449,617 2,816,596
Provisions 13 130,025,356 127,421,362
Client trust funds 14.a 29,208,068 35,287,091
Trade and other payables 14 83,876,882 80,681,022
Net assets and liabilities 629,027,558 558,613,603
FINANCIAL INFORMATIONFor the year ended 31 March 2015
113LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Statement of Financial Performance
Notes
March
2015
R
Restated
March
2014
R
Revenue 1,535,902,556 1,403,301,385
Non-exchange transaction
Grant 15 1,504,708,000 1,375,442,000
SASSETA Grant 16,1 - 1,757,933
Exchange transactions 31,194,556 26,101,452 Interest income 16 26,944,899 21,742,220
Other income 16,1 4,249,657 4,359,232
Expenses (1,464,709,356) (1,359,127,206)Personnel (1,109,425,549) (1,018,391,613)
Administrative 17 (131,379,453) (119,726,606)
Other expenses 17,1 (199,636,112) (200,321,586)
Depreciation and amortisation 10c (23,848,547) (20,133,225)
Finance costs 11,1 (419,695) (554,176)
Surplus for the period 71,193,200 44,174,179
Statement of changes in Net Assets
Notes R
Balance as at 31 March 2013 251,807,558
Net surplus for the year ended 31 March 2014 44,174,179
Balance as at 31 March 2014 295,981,737
Prior year adjustment 28 13,270,487
Restated balance as at 31 March 2014 309,252,224
Net surplus for the year ended 31 March 2015 71,193,200
Balance as at 31 March 2015 380,445,424
FINANCIAL INFORMATIONFor the year ended 31 March 2015
114 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Cash Flow Statement
Notes
March
2015
R
Restated
March
2014
R
CASH FLOW FROM OPERATING ACTIVITIES
Receipts 1,533,767,381 1,399,897,304
Grant 1,504,708,000 1,375,442,000
Interest received 26,944,899 21,742,220
Other receipts 2,114,482 2,713,084
Payments (1,430,738,501) (1,336,931,578)
Employee costs (1,109,425,549) (1,018,391,613)
Suppliers (320,893,257) (317,985,789)
Finance costs (419,695) (554,176)
Net cash low from operating activities 10.c 103,028,880 62,965,726
CASH FLOWS FROM INVESTING ACTIVITIES
Proceeds on disposals of property, plant and equipment 2 4,319,125 4,240,131
Acquisition of property, plant and equipment 2 (52,224,260) (20,683,199)
Acquisition of Intangible assets 3 (1,302,428) (580,015)
Cash lows from investing activities (49,207,564) (17,023,083)
CASH FLOWS FROM FINANCING ACTIVITIES
Finance Leases (3,022,753) (2,041,613)
Cash low from inancing activities (3,022,753) (2,041,613)
Increase in cash and cash equivalents 50,798,563 43,901,030
Cash and cash equivalents at beginning of the year 386,367,659 342,466,629
Cash and cash equivalents at end of the year 10.a 437,166,222 386,367,659
FINANCIAL INFORMATIONFor the year ended 31 March 2015
115LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Statement of Comparison of Budget and Actual Amounts
Approved
Budget
R
Final
Budget
R
Actuals
R
Difference
between inal budget and
Actuals
R
% Difference
Revenue 1,483,408,020 1,591,311,658 1,605,006,214 (13,694,556)
Grant 1,465,908,020 1,504,708,000 1,504,708,000 - 0%
Interest income 17,500,000 17,500,000 26,944,899 (9,444,899) -54%
Other income - - 4,249,657 (4,249,657) -100%
Rollover funding - 69,103,658 69,103,658 -
Reversal of provisions - - - -
Expenses (1,493,491,457) (1,522,115,353) (1,464,709,356) (57,405,997)Personnel (1,132,970,654) (1,114,376,908) (1,109,425,549) (4,951,359) 0%
Administrative (138,904,374) (142,073,319) (131,379,453) (10,693,866) 8%
Other expenses (179,469,218) (223,517,915) (199,636,112) (23,881,803) 11%
Depreciation and amortisation (42,147,211) (42,147,211) (23,848,547) (18,298,664) 43%
Finance Costs - - (419,695) 419,695 100%
Capital Expenditure (32,063,774) (111,343,515) (53,526,688) (57,816,827) 52%
Depreciation–noncashlowitem 42,147,211 42,147,211 23,848,547 18,298,664 43%
Surplus for the period (0) 0 110,618,717 (110,618,717) -100%
The 2014–2015 approved budget was prepared on cash basis and Financial Statements are presented on the accrual basis.
The approved budget was for the period 1 April 2014 to 31 March 2015. The variances in line items between the approved budget
andinalbudgetwereduetothefollowing:• Approvedtransferseffectedduringtheinancialyear.• The54%varianceoninterestismainlyduetohigherinterestreceivedthanbudgeted.• The100%varianceonotherincomeismainlyduetoproitonsaleofixedassetsandsundryincomewhichwerenot
projected for.
• 11%varianceonotherexpensesisduetodelayedprocurementofvehicletrackingdevices,signageandbrandingandother expense items.
• 43%varianceondepreciationismainlyduetoixedassetswhichwerefullydepreciatedinthecurrentyearandthechangein estimate extending the useful lives of assets.
• 100%varianceoninancecosts is related to thecapitalisationofphotocopiers (inance leases)and the re-evaluation ofthepostretirementbeneit.
• 52%varianceoncapitalexpenditureisduetodelayedprocurementofothercapitalassets.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
116 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Accounting Policies
1. BASIS OF PREPARATION
The Annual Financial Statements have been prepared in accordance with the policies stipulated, which have been applied
consistently in all material respect, unless otherwise indicated. However, where appropriate and meaningful, additional information
has been disclosed to enhance the usefulness of the Annual Financial Statements and to comply with the statutory requirements
of the Public Finance Management Act, Act 1 of 1999 (as amended by Act 29 of 1999), the Treasury Regulations for Departments
and Constitutional Institutions issued in terms of the Act and the Division of Revenue Act, No.6 of 2011.
The Annual Financial Statements have been prepared in accordance with the effective Standards of Generally Recognised
Accounting Practice (GRAP), including any interpretations and directives issued by the Accounting Standards Board. The Annual
Financial Statements have been prepared using the accrual basis of accounting.
The Annual Financial Statements have been prepared on the basis of the accounting policies applicable to a going concern.
Thisbasisassumesthatfundswillbeavailabletoinancefutureoperationsandthattherealisationofassetsandsettlementofliabilities, contingent liabilities and commitments will occur in the ordinary course of business.
Assets and liabilities, income and expenditure have been reported separately and have not been offset against one another.
The principal accounting policies of the Accounting Authority, except where noted, are consistent in all material respects with those
applied in the previous year. The annual Financial Statements have been prepared on the historical cost basis and at fair value
where applicable.
ComparativeiguresarereclassiiedhavingregardtothecriteriafortheselectionandapplicationofaccountingpoliciesintheStandard of Generally Recognised Accounting Practice, where necessary.
All amounts have been presented in the currency of South African Rand, which is the functional currency of the Legal Aid South Africa.
Standards, amendments to standards and interpretations issued but not yet effective
The following standards, amendments to standards and interpretations have been issued but are not yet effective and have not
been early adopted by the entity. Management has assessed the impact of these standards and interpretations on the operations
ofLegalAidSouthAfrica.Theadoptionofthestandardswouldnothavematerialchangesonthepresentationoftheinancialstatementsorprioryearbalance,butwillimprovethepresentationoftheinancialstatements.Thestandardsandinterpretations,where applicable, will be adopted in the year they become effective.
Title Name Nature Date effective Date applied
GRAP 18 Segment reporting Disclosure 1 April 2015 Not applicable to the organisation
GRAP 20 Related party disclosure Disclosure Not yet known On effective date
GRAP 32 Serviceconcessionarrangements:Grantor
Disclosure Not yet known Not applicable to the organisation
GRAP 105 Transfer of functions between entities
under common control
Disclosure 1 April 2015 Not applicable to the organisation
GRAP 106 Transfer of functions between entities
not under common control
Disclosure 1 April 2015 Not applicable to the organisation
GRAP 107 Mergers Disclosure 1 April 2015 Not applicable to the organisation
GRAP 108 Statutory receivables Disclosure Not yet known Not applicable to the organisation
FINANCIAL INFORMATIONFor the year ended 31 March 2015
117LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.1. Cash lowThecashlowstatementispreparedinaccordancewiththedirectmethod.Speciicinformationhasbeenpresentedseparatelyonthestatementofinancialpositionsuchas:i. Receivables from exchange transactions
ii. Trade and other payables from non-exchange transactions
1.2. Budget Note
Legal Aid South Africa prepares its annual budget on a cash basis in terms of the PFMA and National Treasury Medium Term
Expenditure Framework guidelines issued yearly. The budget is approved by the Accounting Authority before the commencement
ofthenewinancialyear.Thestatementofinancialperformanceispreparedonanaccrualbasis.
1.3. Revenue recognition
Revenueisthegrossinlowofeconomicbeneitsorservicepotentialreceivedduringthereportingperiodwhenthoseinlowsresult in an increase in net assets, other than increases relating to contributions from owners.
An exchange transaction is one that the entity receives assets or services or has liabilities extinguished and directly gives
approximately equal value to another entity (primarily in the form of goods, services or use of assets) to the other party in exchange.
A non-exchange transaction is one that the entity receives or gives value to another entity without directly providing or receiving
an approximate equal value in exchange.
Revenueisrecognisedwhenthefollowingcriteriahavebeenmet:• Probableinlowofeconomicbeneitsorservicepotential.• Fairvalueoftheassetcanbemeasuredreliably.
Grant
Revenue received from unconditional grants is recognised in the period when received or receivable. The grant Legal Aid South
Africa received is unconditional.
Other income
Legal Aid South Africa receives occasional income by way of a share in awards made to clients in civil matters as well as receiving
cost awards, and income from disposed assets sold to staff. Due to the nature of services as well as the prospect of appeals, Legal
Aid South Africa only recognises this income as soon as it is awarded to them.
Interest income
Interest is recognised on a time proportion basis that takes into account, the effective yield on assets.
1.4. Signiicant judgements and estimatesInpreparingtheinancialstatements,managementmakesestimatesandassumptionsthataffecttheamountspresentedintheinancialstatementsand relateddisclosures.Useofavailable informationand theapplicationof judgement is inherent in theformation of estimates. Actual results in the future could differ from these estimates, which may be material to Annual Financial
Statements.SigniicantjudgementsandestimatesincludeJudicareprovision,provisionfordoubtfuldebts,employeebeneitsanduseful lives and depreciation or amortisation methods and asset impairment.
Provisions
Provisions are recognised when Legal Aid South Africa has a present legal or constructive obligation as a result of past events,
itisprobablethatanoutlowofresourcesembodyingeconomicbeneitswillberequiredtosettletheobligation,andareliableestimate of the amount of the obligation can be made. All the provisions of Legal Aid South Africa are short term in nature and thus
ignore the effects of discounting.
Judicare provision
Judicare provisions are recognised when Legal Aid South Africa has a present legal or constructive obligation as a result of past
events,forwhichitisprobablethatanoutlowofeconomicbeneitswillberequired.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
118 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Critical accounting estimates on Judicare provision
IntheprocessofapplyingtheAccountingAuthority’saccountingpolicies,managementhasmadethefollowingjudgementsthathavethemostsigniicanteffectontheamountsrecognisedintheFinancialStatements:• Thecalculationforthisprovisionisbasedonanumberoffactors,whichincludepreviousexperienceinclaimspatterns,
claims settling patterns, and trends in claims frequency, to settle the obligation, and a reliable estimate can be made of the
amount of the obligation.
Outstanding claims
ClaimsoutstandingcompriseprovisionfortheAccountingAuthority’sestimateoftheultimatecostofsettlingallclaimsincurredbut not yet reported at reporting date. Claims outstanding are determined as accurately as possible, based on a number of
factors, which include previous experience in claims pattern, claims settlement patterns, changes in the nature and number of
cases according to incidence, trends in claims frequency, changes in the claims processing cycle, and variations in the nature and
average cost incurred per claim.
Contingent Liabilities
Contingent liabilities are possible obligations that arise frompast events andwhoseexistencewill be conirmedonly by theoccurrence or non-occurrence of one or more uncertain future events not wholly within control of the entity or a present obligation
thatisnotrecognisedbecausetheoutlowofeconomicbeneitsorservicepotentialisnotprobableandorrealpresentobligationthat may not be recognised, either because the timing or the measurement is not known.
1.5. Impairment
The carrying amounts of property, plant and equipment are reviewed for impairment when events or circumstances indicate that
the carrying values may not be recoverable at each reporting date. If any such indicators exist, and where the recoverable amount
of an asset is less than its carrying amount, the carrying amount of the asset is written down to its recoverable amount through
thestatementofinancialperformance.
Theorganisation’sproperty,plantandequipmentincludingintangibleassetsareclassiiedasnon-cashgeneratingassets,astheyarenotusedtogenerateproitbuttoprovidelegalservices.
Impairment of non-cash generating assets
The non-cash generating assets are impaired when the carrying amount of the asset exceeds its recoverable service amount.
The non-cash generating assets are assessed half yearly to determine if there is any indication that the assets are impaired. The
entity determines the recoverable services amount where there is indication of impairment of assets.
Intangibleassetswithanindeiniteusefullifeareassessedforimpairmentattheendoftheyear.
Inassessingwhetherthereisanyindicationofimpairment,thefollowingindicatorsareconsidered:(a) Cessation, or near cession of the demand or need for services provided by the asset.
(b) Signiicantlong-termchangeswithanadverseeffectontheentityhavetakenplaceduringtheperiod,orwilltakeplaceinthe near future, in the technological, legal or government policy environment in which the entity operates.
(c) Evidence is available of physical damage of an asset.
(d) Signiicantlong-termchangeswithanadverseeffectontheentityhavetakenplaceduringtheperiod,orareexpectedtotake place in the near future, in the extent to which, or manner in which, an asset is used or is expected to be used. These
changes include the asset becoming idle, plans to discontinue or restructure the operations, which an asset belongs, or
plans to dispose of an asset before the previously expected date.
(e) Evidenceisavailablefrominternalreportingthatindicatesthattheserviceperformanceofanassetis,orwillbe,signiicantlyworse than expected.
Theimpairmentlossisrecognisedimmediatelyinthestatementofinancialperformance.
The recoverable amount of an asset or a cash-generating unit is the higher of its fair value less costs of disposal and its value in use.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
119LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.6. Property, plant and equipmentThe cost of an item of property, plant and equipment is recognised as an asset when
• itisprobablethatfutureeconomicbeneitsorservicesassociatedwiththeitemwilllowtotheentity;and• thecostorfairvalueoftheitemcanbemeasuredreliably.
On initial recognition, an item of property, plant and equipment is measured at cost but those that are acquired through non-
exchange transactions are initially measured at fair value.
Cost includes purchase price or cost incurred initially to acquire or construct an item of property, plant and equipment and
discounts received on acquisition including service costs.
Recognition of cost in the carrying amount of an item of property, plant and equipment ceases when the item is in the location and
condition necessary for it to be capable of operating in the manner intended by management.
Property, plant and equipment are subsequently carried at cost less accumulated depreciation and any impairment losses.
Property, plant and equipment items are de-recognised once they are fully depreciated and sold, are obsolete or fully impaired.
Depreciation is calculated on the straight-line method to write off the cost of each asset to its residual value over its estimated
useful life. The property, plant and equipment is depreciated from the time when an item of property, plant and equipment is ready
foruse.Thedepreciationratesapplicabletoeachcategoryofproperty,plantandequipmentareasfollows:
%
Estimated
useful life
Land 0% Ininite
Building 4% 25 years
Building improvements 20% 15 to 20 years
Motor vehicles 16,67% 8 to 15 years
Furnitureandittings 20% 15 to 20 years
Leasehold improvements Lease term Lease term
Fittingandixtures 10% 3 to 10 years
Computer equipment 25% 5 to 15 years
The assets residual values and useful lives are reviewed, and adjusted if appropriate, at each reporting date. The residual values
of property, plant and equipment were reassessed at year end.
The following considerations are taken in account in assessing the useful lives of assets.
• Expectedusageoftheasset.• Expectedphysicalwearandtear,whichdependsonoperationalfactorsoftheasset.• Technicalobsolescencearisingfromchangesinthemarketdemandorserviceoutputoftheasset.• Legalorsimilarlimitsontheuseoftheasset,suchastheexpirydatesofrelatedleases.
The residual values are determined by considering the expected market demand of the asset at the end of its lifespan, the market
value of similar asset that had reached their life span.
Subsequent expenditure incurred on items of property, plant and equipment is only capitalised to the extent that such expenditure
enhances the value or previous capacity of those assets.
Repairsandmaintenancenotdeemed toenhance theeconomicbeneitsor servicepotential of itemsof property, plant andequipment are charged to income during the period in which they are incurred.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
120 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Depreciation
Depreciationisrecognisedinsurplusanddeicitonastraightlinebasisovertheestimatedusefullifeofeachpartofanitemofproperty,plantandequipment.Landisnotdepreciatedasitisdeemedtohaveanindeiniteusefullife.
Whensigniicantcomponentsofanitemofequipmenthaveusefullivesorresidualvalues,theyareaccountedforasseparateitems (major components) of equipment.
Leasehold improvements relate to refurbishments and partitioning of buildings that are leased. These are depreciated over the
lease period.
Gainsanddeicitsondisposalofproperty,plantandequipmentaredeterminedbyreferencetotheircarryingamountandaretaken into account in determining operating surplus.
1.7. Intangible assets
Intangible assets consist of computer software.
Thecostofanitemofintangibleassetisrecognisedasanassetwhen:• itisprobablethatfutureeconomicbeneitsorservicesassociatedwiththeitemwilllowtotheentity;and• thecostorfairvalueoftheitemcanbemeasuredreliably.
Intangible assets items are de-recognised once they are fully amortised and replaced by new computer software or obsolete and
no longer supported by the service providers.
On initial recognition, an item of intangible asset is measured at cost or fair value if acquired through non-exchange transaction.
Cost includes the purchase price, developmental costs incurred in preparing the intangible asset to be ready for use and discounts
received on acquisition including service costs. Intangible assets are carried at cost less accumulated depreciation and any
impairment losses.
Subsequent expenditure incurred on an item of intangible asset is only capitalised to the extent that such expenditure meets the
recognition criteria. Where the expenditure is material or more than the initial cost of the asset, the cost are capitalised as a new
asset and the initial asset is derecognised.
Intangible assets are amortised on a straight line basis over the useful lives of the asset. The intangible assets are amortised from
the time when it is ready for use.
Theassetsaregenerallyamortisedover2to10years.Thoseassetsthatwillbeusedforindeiniteperiodarenotdepreciated.
Theassets’usefullivesarereviewed,andadjustedifappropriate,ateachreportingdate.Theresidualvaluesofintangibleassetswere reassessed at year end.
Theassetsclassiiedasindeiniteareevaluatedatyearendtoassessforimpairmentandwhethertheyarestillconsideredtobeindeinite.Wheretheassetsceasetobeclassiiedasindeiniteassets,theyareamortisedovertheremainderoftheirusefullife.During the year under review there were no assets whose useful lives had changed.
1.8. Leased assets
Aleaseisclassiiedasainanceleaseif it transferssubstantiallyall therisksandrewardsincidentaltoownership.Aleaseisclassiiedasanoperatingleaseifitdoesnottransfersubstantiallyalltherisksandrewardstoownership.
Finance leases
Financeleasesarerecognisedasassetsandliabilitiesinthestatementofinancialpositionatamountsequaltothefairvalueof the leased property or, if lower the present value of the minimum lease payments. Finance lease payments are apportioned
betweenthecapitalandtheinterestportions.Theinterestisexpensedinthestatementofinancialperformance.Theleaseassetsare depreciated over the lease period. The present value of the minimum lease payments are calculated at the net present value
based on the applicable prime rate at the reporting date.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
121LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Operating leases
Operating lease payments are straight lined and recognised as an expense over the period of the lease in the statement of
inancialperformance.TheoperatingleasecommitmentsaredisclosedinthenotestotheFinancialStatements.
1.9. Non-current assets held for sale
Allassetsthathavebeenreplacedintermsofassetreplacementprogramareclassiiedasnon-currentassetsheldforsale.Allnon-current assets held for sale are measured at lower of its carrying amount and fair value less costs to sell. These assets are
recoveredthroughsaletotheentity’semployees,scrappingordonationswithin12monthsfromdateofreplacement.Allnon-currentassetsheldforsaleceasetodepreciatefromthedatetheyareclassiiedasnon-currentassetsheldforsale.
1.10. Taxation
No provision is made for taxation and value added tax as Legal Aid South Africa is exempt in terms of section 10(1)(CA) of the
Income Tax Act.
1.11. Financial instruments
Financial instrumentsarerecognisedonthestatementofinancialpositionwhenLegalAidSouthAfricabecomespartytothecontractual provisions of the instrument. Financial instruments include cash and bank balances, receivables and trade payables.
Theseinancialinstrumentsaregenerallycarriedattheirestimatedfairvalue,whichistheamountforwhichanassetcouldbeexchanged,oraliabilitysettled,betweenknowledgeableandwillingpartiesinanarm’slengthtransaction.
Thechangerelatestoclassiicationofinanceleasepayablebeingclassiiedasinancial instruments.Theinanceleasesaremeasured in accordance with GRAP 13.
Financial assets
LegalAidSouthAfrica’sprincipalinancialassetsaretradereceivablesandbankandcashbalances.
Recognition
Financial instruments are initially recognised using the trade date accounting method.
Measurement
Financial instruments are initially measured at fair value net of transaction costs when the entity is a party to contractual
arrangement. Subsequent to initial recognition, these instruments are measured as set out below.
LegalAidSouthAfrica’sprincipalinancialliabilitiesaretradepayables.
Trade and other receivables
Trade and other receivables at initial recognition are measured at fair value, and are subsequently measured at the amortised cost
using the effective interest rate method. Appropriate allowances for estimated irrecoverable amounts are recognised in surplus or
deicitwhenthereisobjectiveevidencethattheassetisimpaired.
Receivables included in the Statement of Financial Position arise from staff overpayments that are recoverable.
Receivables outstanding at year end are carried in the Statement of Financial Position at amortised cost.
• Anestimateofdoubtfuldebtsismadebasedonareviewofalloutstandingindividualamountsatstatementofpositiondate.Provision for doubtful debts is made for trade receivables outstanding for 365 days and any other debts deemed doubtful.
Theamountofthelossismeasuredasthedifferencebetweentheasset’scarryingamountandthepresentvalueofestimatedfuturecashlows (excluding futurecredit losses thathavenotbeen incurred)discountedat the receivable’soriginaleffectiveinterest rate (i.e. the effective interest rate computed at initial recognition).
The carrying amount of the receivable is reduced through the use of a provision for doubtful debts account. The amount of the
lossisrecognisedinsurplusordeicit.
The Accounting Authority writes off irrecoverable debts in accordance with Treasury Regulations 11.4.1(a) and (b), after having
taken the necessary steps to recover the debt.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
122 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Legal Aid South Africa has short-term payables and receivables and interest is not charged due to terms granted being consistent
with the public sector terms.
Cash and cash equivalents
Cash and cash equivalents comprise cash at bank and deposits held on call with banks.
Cash and cash equivalents are initially recorded at fair value and subsequently at amortised costs.
Depositsheldoncall,and investments inmoneymarket instrumentsareclassiiedasinancialassetsheldatamortisedcostoriginated by Legal Aid South Africa and carried at amortised cost. Due to the short-term nature of these instruments, the amortised
cost approximates its fair value.
Trade and other payables
Trade and other payables are initially measured at fair value, subsequently measured at amortised cost, using the effective
interest rate method.
Tradeandotherpayablesareclassiiedasinancialliabilitiesatamortisedcost.
Derecognition of inancial instrumentsFinancialassetsarederecognisedwhentheentitylosescontrolofthecontractualrightsthatcomprisestheinancialassets.LegalAidSouthAfricalosessuchcontrolifrighttobeneitsspeciiedinthecontractarerealised,therightsexpireortheorganisationsurrenders those rights.
Financial liabilities are derecognised when the obligation is discharged, cancelled, or expires.
1.12. Employee Beneits
(a) Short-term employee beneitsThecostofshort-termemployeebeneits,(thosepayablewithin12monthsaftertheserviceisrendered,suchaspaidvacationleave,sickleave,bonusesandnon-monetarybeneitssuchasmedicalcare)arerecognisedintheperiodinwhichtheserviceisrendered, and are not discounted.
The expected cost of compensation absences is recognised as an expense as the employees render services that increase their
entitlement or, in the case of non-accumulating absences, when the absence occurs.
The expected bonus payments are recognised as an expense when there is a legal or constructive obligation to make such
payments as a result of past performance.
Employee entitlements to annual leave are recognised when they accrue to employees. An accrual, based on total employment
cost, is raised for the estimated liabilities as a result of services rendered by employees up to reporting date.
(b) Deined beneit plansLegalAidSouthAfricacontributestoadeinedbeneitpensionscheme,whichrequirescontributionstobemadetoaseparatelyadministered fund.
Existing employees
Past service costs, experience adjustments, the effects of changes in actuarial assumptions and the effects of plan amendments
inrespectofexistingemployeesinadeinedbeneitplanarerecognisedasanexpenseorasincomesystematicallyovertheexpected average remaining working lives of those employees (except in the case of certain plan amendments where the use of
ashortertimeyearisnecessarytorelectthereceiptofeconomicbeneitsbytheenterprise).
Plan terminations, curtailments and settlements
Whenitisprobablethatadeinedbeneitplanwillbeterminatedorthattherewillbeacurtailmentorsettlementoftheretirementbeneitspayableunderthatplan:i. resultingincreaseintheretirementbeneitcostisrecognisedasanexpenseimmediately,andii. any resulting gain is recognised as income in the year in which the termination, curtailment or settlement occurs.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
123LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
(c) Post-retirement medical beneitThedeinedbeneit obligation, the related current cost and,where applicable, past service costs, is determinedby using theProjected Unit Credit Method. A portion of the actuarial gains and losses is recognised as income or expense in the year it occurs.
Unvestedpast services cost is recognisedasanexpenseon the straight-linebasis over theaverage year until thebeneitsbecomevested,whilevestedpastservicecostsarerecognisedasanexpenseinthestatementofinancialperformance.
1.13. Materiality
Section55(2)of thePFMAspeciiescomponentsof theFinancialStatements thathave to take intoaccount tolerance levelsboth in termsof inancial, non-inancial anddisclosureof speciic information such that it enables theExecutiveAuthority toeffectivelyperformtheiriduciaryduties.LegalAidSouthAfricahasanapprovedframeworkofacceptablelevelsofmaterialityandsigniicance.
1.14. Services received in kind
ServicesreceivedinkindconsistprimarilyofattendancebycertainLegalAidSouthAfrica’smemberstoAccountingAuthorityandcommittee meetings without remuneration due to their full-time employment in the public sector. Legal Aid South Africa cannot
reliablydeterminea fairvalue for thisbeneit,andasa resultdoesnot recognise thevalueof theseservicesreceived in theStatement of Financial Performance.
1.15. Irregular or fruitless and wasteful expenditure
Irregular expenditure means expenditure, other than unauthorised expenditure, incurred in contravention of, or that is not in
accordancewiththerequirementsofanyapplicablelegislationfromthedeinitioninthePFMA.Fruitlessandwastefulexpendituremeans expenditure that was made in vain and would have been avoided had reasonable care been exercised.
All expenditure relating to irregular, fruitless and wasteful expenditure is recognised as an expense in the Statement of Financial
Performance in the period that the expenditure was incurred and additional disclosure as required by Treasury Regulations and
the PFMA is made in the notes to the Financial Statements.
1.16. Unauthorised expenditure
Unauthorisedexpendituremeans:(a) overspending of a vote or a main division within a vote; and
(b) expenditure not in accordance with the purpose of a vote or in the case of a main division, not in accordance with the
purpose of the main division.
Allexpenditurerelatingtounauthorisedexpenditureisrecognisedasanexpenseinthestatementofinancialperformanceintheperiod that the expenditure was incurred.
Theexpenditureisclassiiedinaccordancewiththenatureoftheexpense,andwhererecovered,itissubsequentlyaccountedforasrevenueinthestatementofinancialperformance.
1.17. Related parties
Allparties thathave theability tocontrolorexercisesigniicant inluenceoverLegalAidSouthAfrica inmakinginancialandoperating decisions are considered to be related parties of the organisation. Related parties include key management personnel,
and close members of the family of key management personnel.
A related party transaction is a transfer of resources, services or obligations between reporting entity and the related party,
regardless of whether a price is charged. Related party transactions exclude transactions with any other entity that is a related
party solely because of its economic dependence on the reporting entity.
Non-arm’slengthtransactionsaredisclosed.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
124 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.18. Client trust funds
These constitute amounts received from estate lates and settlements reached in civil matters. These amounts are payable to
recipients based on court settlement orders and or heirs, legatees or other claimants in estate matters.
1.19. Deposits
These constitute amounts held by landlords for the various buildings leased by the entity and travel agencies.
Deposits are initially recorded at fair value and subsequently at amortised cost.
1.20. Inventories
Inventoriesarerecognisedasanassetif:(a) Itisprobablethefutureeconomicbeneitsorservicepotentialassociatedbeneitsorservicepotentialassociatedwiththe
itemwilllowtotheentity.(b) The cost of the inventories can be measured reliably.
Inventories are initially measured at the lower of cost and current replacement cost.
The cost of inventory comprises all cost of purchase.
Thecostofinventoryissubsequentlyvaluedandmeasuredbyusingthe’irstin,irstout’(FIFO)method.Theunitcostpriceofthe last item acquired is applied to value the stock on hand.
1.21. Going concern
TheaccountingauthorityreviewsLegalAidSouthAfrica’sbudgetsandcashlowforecastsfortheyear.Onthebasisofthisreview,andinviewoftheorganisation’scurrentinancialposition,theaccountingauthorityassessestheorganisationsgoingconcerninthecurrentandyearahead.TheFinancialStatementsarepreparedonagoingconcernbasisbasedontheaccountingauthority’sassessment.
1.22. Subsequent events
Nomaterialfactorcircumstancehasoccurredbetweentheinancialpositiondateandthedateofthisreport.
1.23. Prepayments
The prepayments mainly comprise the system related costs, which are paid on an annual basis.
These prepayments are initially recognised at fair value and subsequently measured at amortised cost.
1.24. Change in accounting estimates
Change in estimates is an adjustment of the carrying amount of an asset or a liability, or the amount of the periodic consumption of
anasset,thatresultsfromtheassessmentofthepresentstatusof,andexpectedfuturebeneitsandobligationsassociatedwith,assets and liabilities. Changes in accounting estimates result from new information or new developments and, accordingly, are
not corrections of errors. The nature and amount of a change in an accounting estimate that has an effect in the current periods
is disclosed in the notes.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
125LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Notes to the Financial Statements
2. Property, plant and equipment
March
2015
March
2014
Cost
R
Accumu-
lated
depreciation
R
Carrying
value
R
Cost
R
Accumu-
lated
depreciation
R
Carrying
value
R
Owned assets
Land 1,788,000 - 1,788,000 1,788,000 - 1,788,000
Building 21,981,000 5,167,340 16,813,660 21,981,000 4,288,100 17,692,900
Building improvements 14,209,458 4,859,269 9,350,189 13,022,407 3,632,982 9,389,425
Motor vehicles 64,423,493 7,551,910 56,871,583 55,923,706 10,095,472 45,828,234
Furniture and equipment 22,492,739 20,393,589 2,099,150 29,357,121 27,490,977 1,866,144
Fittingandixtures 2,943,836 1,916,686 1,027,150 2,943,836 1,622,948 1,320,888
Leasehold improvements 31,643,968 19,746,068 11,897,900 28,666,169 23,080,699 5,585,470
Computer equipment 89,021,765 40,528,735 48,493,031 79,628,690 44,390,118 35,238,572
248,504,259 100,163,597 148,340,663 233,310,929 127,871,785 118,709,633
Thecarryingamountsofproperty,plantandequipmentcanbereconciledasfollows:
Reconciliation of property, plant and equipment – March 2015
Carrying
value at
beginning
of year
R
Additions
R
Disposals
R
Depreciation
R
Restatement
of Acc Dep
R
Carrying
value at
end of year
R
Owned assets
Land 1,788,000 - - - - 1,788,000
Building 17,692,900 - - (879,240) - 16,813,660
Building improvements 9,389,425 1,187,051 - (1,226,287) - 9,350,189
Motor vehicles 45,828,234 14,971,588 (697,737) (3,230,502) - 56,871,583
Furniture and equipment 1,866,144 1,773,721 (29,549) (1,511,165) - 2,099,150
Fittingandixtures 1,320,888 - - (293,738) - 1,027,150
Leasehold improvements 5,585,470 6,972,500 (426,972) (233,098) - 11,897,900
Computer equipment 35,238,572 27,319,401 (1,006,430) (13,058,513) - 48,493,031
118,709,633 52,224,260 (2,160,688) (20,432,542) - 148,340,663
Land
Land is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division
Gauteng Province. The land measures 1,490 square metres. It was transferred to Legal Aid South Africa on 4 September 2008.
The land has been stated at the cost.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
126 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Building
Building is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division
GautengProvince.Themulti-leveloficebuildingmeasuresapproximately1,490squaremetres.Itwastransferred(sold)toLegalAid South Africa on 4 September 2008. The estimated useful life of the building is 25 years and has been stated at the cost price
of R21,981,000 in order to comply with GRAP 17. The building included building improvements made to the Legal Aid House. The
building was revaluated by an independent valuator JO Schoonraad on 23 September 2011 and the market value is R 29,9 million.
Reconciliation of property, plant and equipment – March 2014
Carrying
value at
beginning
of year
R
Additions
R
Disposals
R
Depreciation
R
Restatement
of Acc Dep
R
Transfers
R
Carrying
value at
end of year
R
Owned assets
Land 1,875,132 - (87,132) - - - 1,788,000
Building 18,572,140 - - (879,240) - - 17,692,900
Building
Improvements
6,935,632 594,456 (19,411) (1,795,696) 3,674,443 - 9,389,425
Motor vehicles 50,038,149 4,592,715 (323,993) (1,669,826) (6,808,811) - 45,828,234
Furniture and
equipment
1,699,437 708,021 (10,657) (1,975,572) 1,444,914 - 1,866,144
Fittingandixtures 1,614,626 - - (293,738) - - 1,320,888
Leasehold
improvements
4,735,312 1,747,527 (227,190) (670,179) - - 5,585,470
Computer equipment 16,297,407 13,063,741 (190,928) (9,533,233) 14,959,941 641,644 35,238,572
101, 767,835 20,706,460 (859,311) (16,817,484) 13,270,487 641,644 118,709,633
Land
Land is described as ERF 49947, portion of ERF 15610 Mitchells Plain, situated in the City of Cape Town, Cape Division Western
Cape Province. It measures 2014 square metres. Land has been stated at cost price of R87,132 due to the fact that the title
agreementhastheconditiontotheeffectthatthepropertyshallbeutilisedfortheestablishmentofanoficeofLegalAidSouthAfrica. In the event that Legal Aid South Africa does not utilise the property as stipulated in the agreement, or be no longer
required for such purpose, the property shall revert to the City of Cape Town. The municipality will refund Legal Aid South Africa
the purchase price paid less any administration charges paid.
Land is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division
Gauteng Province. The land measures 1,490 square metres. It was transferred to Legal Aid South Africa on 4 September 2008.
The land has been stated at the cost.
Building
Building is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division
GautengProvince.Themulti-leveloficebuildingmeasuresapproximately1490squaremetres. Itwas transferred toLegalAidSouth Africa on 4 September 2008. The estimated useful life of the building is 25 years and has been stated at the cost price of
R21,981,000 in order to comply with GRAP 17. The building included building improvements made to the Legal Aid House. The
building was revaluated by an independent valuator JO Schoonraad on 23 September 2011 and the market value is R 29,9 million.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
127LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2.1 Finance Lease assets
March
2015
March
2014
Cost
R
Accumu-
lated
depreciation
R
Carrying
value
R
Cost
R
Accumu-
lated
depreciation
R
Carrying
value
R
Photocopiers and routers 9,716,827 5,272,052 4,444,775 7,563,150 3,150,011 4,413,139
Cell phones - - - 1,341,942 816,313 525,629
9,716,827 5,272,052 4,444,775 8,905,092 3,966,324 4,938,768
Reconciliation of property, plant and equipment – March 2015
Finance Leased assets
Carrying
value at
beginning
of year
R
Additions
R
Disposals
R
Depreciation
R
Re-
classiicationR
Carrying
value at
end of year
R
Photocopiers and routers 4,413,139 2,153,677 - (2,640,621) 518,580 4,444,775
Cell phones 525,629 - - (7,049) (518,580) 0
4,938,768 2,153,677 - (2,647,670) - 4,444,775
Reconciliation of property, plant and equipment – March 2014
Finance Lease assets
Carrying
value at
beginning
of year
R
Additions
R
Disposals
R
Depreciation
R
Re-
classiicationR
Carrying
value at
end of year
R
Photocopiers 3,463,161 3,321,238 - (2,371,261) - 4,413,139
Cell phones* 1,189,967 - (422,111) (242,226) - 525,629
4,653,128 3,321,238 (422,111) (2,613,487) - 4,938,768
* Legal Aid South Africa took a decision to provide a taxable cellphone allowance to the employees who are entitled to cellphone
beneits.Allcellphoneleasecontractswillnotberenewedwhentheexistingcontractsexpire.The2014–2015inancialyearwillbe the last period in which cellphone leases will be operational.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
128 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Intangible assets
March
2015
March
2014
Cost
R
Accumu-
lated
amortisation
R
Carrying
value
R
Cost
R
Accumu-
lated
amortisation
R
Carrying
value
R
Computer software 12,369,146 8,380,069 3,989,078 11,275,879 7,820,895 3,454,984
Reconciliation of intangible assets – March 2015
ThecarryingamountsofIntangibleassetscanbereconciledasfollows:
Carrying
value at
beginning
of year
R
Additions
R
Disposals
R
Amortisation
R
Transfer
R
Carrying
value at
end of year
R
Computer software 3,454,984 1,302,429 - (768,334) 3,989,078
Reconciliation of intangible assets – March 2014
Carrying
value at
beginning
of year
R
Additions
R
Disposals
R
Amortisation
R
Transfers
R
Carrying
value at
end of year
R
Computer software 4,242,130 580,015 - (702,256) (664,905) 3,454,984
4. Non-current assets held for sale
March
2015
R
March
2014
R
Assets related to computer hardware - 23,261
FINANCIAL INFORMATIONFor the year ended 31 March 2015
129LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5. Trade and other receivables – exchange transactions
March
2015
R
March
2014
R
Trade receivables 2,334,820 1,900,113
Provision for doubtful debts (1,205,262) (1,604,468)
Other receivables 129,522 126,173
1,259,080 421,818
5.1 Reconciliation of doubtful debt provision
Balance at the beginning of the period 1,604,468 1,361,676
Bad debts written off (235,155) (624,439)
Increase/(decrease) in provision for doubtful debts (164,051) 867,231
1,205,262 1,604,468
6. Prepayments
Prepayments 1,475,879 6,152,554
1,475,879 6,152,554
Prepayments relate mainly to payments in advance for software licences.
7. Client trust funds
Client trust funds 29,208,068 35,287,091
29,208,068 35,287,091
These constitute amounts received from estate lates and settlements reached in civil matters.
These amounts are payable to recipients based on court settlement orders.
The corresponding liability for the client trust asset. Refer to note 14a.
8. Deposits
These constitute mainly amounts paid to landlords as security for rent repayment. 1,751,291 1,936,750
Thetotaldepositaboveisclassiiedasfollows:
Laterthanoneyearandnotlaterthaniveyears 1,464,516 1,175,672
Not later than one year 286,775 761,078
1,751,291 1,936,750
FINANCIAL INFORMATIONFor the year ended 31 March 2015
130 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
8.1 Deposit Reconciliation
March
2015
R
March
2014
R
Opening balance 1,936,750 1,785,087
Recoveries (47,977) (1,200)
Deposits expensed (24,603) (10,589)
Deposits moved to debtors (161,241) (17,211)
Deposits written off (16,552) -
New deposits for the year 64,914 180,663
Closing balance 1,751,291 1,936,750
9. Inventories
Stationery on hand 1,392,502 1,321,085
1,392,502 1,321,085
Inventories relate to stationery on hand that will be consumed during the normal operation of the entity. There was no amount of
inventories that was written off or reversed or pledged as a security.
9.1 Reconciliation for inventory
Stationery – March 2015
Carrying
value at
beginning
of year
R
Additions
during the
year
R
Inventories
expensed
revised/
written off
R
Carrying
value at
end of year
R
Stationery on hand 1,321,085 1,392,502 (1,321,085) 1,392,502
Stationery – March 2014
Carrying
value at
beginning
of year
R
Additions
during the
year
R
Inventories
expensed
revised/
written off
R
Carrying
value at
end of year
R
Stationery on hand 1,097,130 1,321,085 (1,097,130) 1,321,085
FINANCIAL INFORMATIONFor the year ended 31 March 2015
131LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
10. Notes to cash low statement
March
2015
R
March
2014
R
a) Cash and cash equivalents
Cash and cash equivalents consist of cash on hand and balances with banks and investments
inmoneymarket instruments.Cashandcashequivalents included in thecashlowstatementcomprisethefollowingstatementofamountsindicatinginancialposition:
Funds held with the corporation for public deposits 431,225,389 377,583,731
Bank balance and cash on hand 5,940,833 8,783,928
437,166,222 386,367,659
b) Property, plant and equipmentDuring the year, Legal Aid South Africa acquired property, plant and equipment of R52,224,260 by
means of grants allocated by the national government.
c) Cash generated by operating activities
Reconciliationofnetcashlowsfromoperatingactivitiestosurplus
Net surplus 71,193,200 44,174,178
Non-cash low movementDepreciation 23,080,212 19,430,969
Amortisation 768,334 702,256
(Decrease)/increase in provision 2,972,994 (4,856,153)
Increase/(Decrease)
in payables
3,195,860 10,761,416
Increase/(Decrease) in inventories (71,417) (223,956)
(Gains)/losses on sale of property plant and equipment (2,135,176) (3,404,082)
Debts written off 235,155 624,439
Decrease/(increase) in receivables 3,789,716 (4,243,341)
103,028,880 62,965,726
11. Finance Leases
Interest bearing borrowings
Noncurrentportionofinanceleases 1,624,211 2,126,308
Currentportionofinanceleaseliability 2,449,617 2,816,596
Total lease liability 4,073,828 4,942,904
FINANCIAL INFORMATIONFor the year ended 31 March 2015
132 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The interest bearing borrowings are secured by photocopier machines. The liabilities are repayable in equal monthly instalments
on the 1st day of the month at prime interest rates respectively (see note 2.1).
LegalAidSouthAfricaentered intoinance leasearrangementswithdifferent lessors inrespectofphotocopymachinesandrouters. The period of the lease agreements range from 36 months to 60 months respectively with the liability repayable in equal
monthly instalments. The cellphone lease agreements are for 24 months and repayable in equal instalments.
Reconciliation of minimum lease payments with their present values
March
2015
March
2014
Up to 1 year
R
2–5 years
R
Total
R
Up to 1 year
R
2–5 years
R
Total
R
Minimum lease payments 2,712,120 1,745,883 4,458,003 3,018,401 2,236,555 5,254,955
Finance charges 252,905 121,673 374,578 201,965 111,968 313,933
Fair value adjustment (9,598) 0 (9,598) (160) (1,722) (1,882)
Present value 2,449,617 1,624,210 4,073,828 2,816,596 2,126,308 4,942,904
March
2015
March
2014
Net Cash
Flow
Finance lease cashlow reconFinance lease assets 4,444,774 4,938,768 493,994
Finance lease liability (4,073,828) (4,942,905) (869,077)
Depreciationoninanceleases (2,647,670) (2,613,487) 34,183
(2,276,726) (2,617,624) (340,900)
11.1 Finance Costs
March
2015
R
March
2014
R
Finance lease obligation 419,695 554,176
Financecostsrelatetoinancechargesforphotocopierandfaxesinanceleases.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
133LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
12. Employee beneits
Pensions
Deined beneit retirement planLegalAidSouthAfricacontributestoadeinedbeneitretirementplanforthebeneitofallemployees.Duringtheperiod,LegalAidSouthAfricacontributedR78,353,181.(2014:R70,006,913)totheplan.TheplanisgovernedbythePensionFundsAct,1956 (Act no. 24 of 1956). The assets of the plan are administered by trustees in a fund independent of the Legal Aid South
Africa. The fund is administered under the control of the national government. The National Treasury stands as guarantor for
any shortfall that the fund may experience. For this reason, no provision is made in the books of Legal Aid South Africa for any
shortfallorsurplusthatmayarise.Thedisclosureforthisplanisdoneinaccordancewithdeinedcontributionplanduetothefollowing reasons; Legal Aid South Africa is not the only member of the Pension Fund and the liability exposure and the assets
cannot be separated from the other members liability and assets.
Medical
Legal Aid South Africa contributes to a medical aid scheme for certain retired employees. The liability for future contributions to
the scheme in respect of three (3) retirees was actuarially valued at year end. The scheme is valued every three years.
The latest actuarial valuation was carried out as at 31 March 2015. The principal assumptions adopted by the actuary are that
discount rates will be 7.72%, investment returns will average 5.96%. Medical costs trend rates 7.46% above CPI. The actuarial
valueofthepromisedbeneitsisR1,398,000(2014:R1,029,000)whichhasbeenrecognisedasaliabilityinthepast.
Legal Aid South Africa provided for the payment of medical aid for retired employees. This practice has ceased. However, a
contractual obligation exists for certain employees who retired with this condition. It is anticipated that these amounts will be paid
out over the remaining lives of these pensioners.
Post-retirement beneit
Post-retirement beneit March 2015
March
2015
R
March
2014
R
Post-retirementmedicalaidbeneits 1,398,000 1,029,000
1,398,000 1,029,000
Liability at the beginning of the year 1,029,000 1,445,000
Interest cost 72,000 76,000
Actuarial (losses)/gains 445,000 (379,000)
Contribution payments (148,000) (113, 000)
1,398,000 1,029,000
R1,398,000(2014:R1,029,000)ofcashresourceshavebeensetasideforthepurposeofmeetingfuturepost-retirementbeneits.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
134 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Method used
Itisassumedthehealthcarecoststrendhaveasigniicanteffectontheamountsrecognisedinsurplusordeicit.Aonepercentpointchangeinassumedhealthcarecosttrendrateswouldhavethefollowingeffects:
March
2015
March
2014
(1%)
R
1%
R
(1%)
R
1%
R
Deinedbeneitobligation (13,980) 13,980 (10,290) 10,290
13. Provisions
Carrying
value at
beginning
of year
R
Used
during the
year
R
Unused
provisions
R
Additional/
Reversal
provisions
R
Carrying
value at
end of year
R
March 2015
Judicare* 86,478,817 (74,069,040) 12,409,777 73,204,872 85,614,649
Provision for incentive payments 40,484,380 (39,293,372) 1,191,008 41,599,559 42,790,567
Provisionforworkmen’scompensation - - - 851,640 851,640
Corporate litigation 458,165 (458,165) - 768,500 768,500
127,421,362 (113,820,577) 13,600,785 116,424,571 130,025,356
*TheJudicareigureusedfortheyearincludesusedandreversedprovisions.
Carrying
value at
beginning
of year
R
Used
during the
year
R
Unused
provisions
R
Additional
provisions
R
Carrying
value at
end of year
R
March 2014
Judicare* 92,539,939 (78,936,267) 13,603,672 72,875,145 86,478,817
Provision for incentive payments 38,466,158 (35,075,016) 3,391,142 37,093,238 40,484,380
Provisionforworkmen’scompensation 855,418 (855,418) - - -
Corporate litigation - - - 458,165 458,165
131,861,515 (114,866,701) 16,994,814 110,426,548 127,421,362
*TheJudicareigureusedfortheyearincludesusedandreversedprovisions.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
135LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Judicare
Legal Aid South Africa instructs independent legal practitioners where it believes that the interests of the client are best handled
in this manner. These practitioners are paid according to a tariff set by Legal Aid South Africa from time to time. A consequence
of the nature of court cases is that while an estimate can be made of the cost of cases based on historical experience, the actual
payments may vary. In addition, the length of time taken to complete cases often vary, in general payment is only made on
completion.
Gross claims incurred comprise all claims arising from events that have occurred in the period and for which Legal Aid South
Africa is responsible, whether or not reported by the end of the period.
Netclaimsincurredcomprise:
•claimssubmittedandaccruedforservicesrenderedduringtheperiodnetofrecoveries,and
•claimsforservicesrenderedduringthepreviousperiodnotincludedintheoutstandingclaimsprovisionforthatperiod,netof recoveries.
Outstanding claims provision
The method used varies by the period being considered and observed historical claims development. To the extent that this
method is used, historical claims development information which assume that the historical claims development pattern will occur
againinthefuture.Therearereasonswhythismaynotbethecase,which,insofarastheycanbeidentiied,havebeenallowedforbymodifyingthemethod.Suchreasonsinclude:
•economic, legal, political and social trends (resulting in different than expected levels of inlation and/orminimum legalbeneitstobeprovided);
•changesinthenatureofthecases,and
•randomluctuation,includingtheimpactoflargecases
Changes in assumptions and sensitivities to changes in key variables
All assumptions are based on actual claims experience in determining the outstanding claims provision. Due to the nature of the
provision, no material change is expected in any assumptions made.
LegalAidSouthAfricabelievesthattheliabilityforclaimsreportedinthestatementofinancialpositionisadequate.However,itrecognises that the process of estimation is based upon variable factors and assumptions which could differ when claims arise.
A retrospective review of actual claims experience is performed monthly to determine the accuracy of the outstanding claims
provision.Duetothis,theimpactofachangeinthekeyvariablesisnotconsideredtobesigniicantandnofurthersensitivityanalysis is provided.
Bonuses
Employees who are members of the pension fund are entitled to structure their package in such a way that they receive a
thirteenth cheque. The duty to pay this amount accrues monthly. The full amount of accrual is paid out each period when it falls
due. In addition an incentive payment is payable to employees during August each year based on their personal performance as
well as that of the organisation as a whole.
Litigation
Legal Aid South Africa by the nature, of its activities, has at any time a number of legal matters in process. The cost of these as
well as the possible effect of any outcome is provided for in the year in which the cause of action arises. No certainty exists as to
the timing of when these amounts will be paid.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
136 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Workman’s compensationIn terms of the compensation for occupational injuries and diseases act of 1993 (COIDA), Legal Aid South Africa is required to pay
to the Compensation Fund an annual contribution based on a percentage determined by the commissioner of annual earnings
paid to employees for the year up to a maximum of R312,480 per employee, of the total basic salary bill of the organisation. The
inalcontributionamountispayableoncethecompensationfundhadassessedtheorganisationsreturnofearnings.Thecostof the contribution is provided for based on historical information and injuries and diseases cases reported to the compensation
fundduringtheinancialyear.
14. Trade and other payables
March
2015
R
March
2014
R
Trade payables 1,106,770 1,369,724
Leavepaybeneits 27,157,504 25,335,754
Bonuspaybeneits(13thcheque) 24,228,125 20,479,917
Accruals 9,112,770 6,740,872
Sundry creditors* 22,271,713 26,754,756
83,876,882 80,681,023
* The sundry amount includes accruals for goods received which were not receipted on the system by year end.
This represents invoices not paid as at year end.
14.1 Maturity Analysis
< 1 Year 1–2 Years 2–5 Years 5+ Years Total
Year 2015
Trade and other payables 83,730,346 146,536 - - 83,876,882
Year 2014
Trade and other payables 80,523,746 157,276 - - 80,681,023
14 a. Clients Trust
Client trust fund 29,208,068 35,287,092
These constitute amounts received from estate lates and settlements reached in civil matters. These amounts are payable to
recipients based on court settlement orders.
The corresponding asset for the client trust liability. Refer to note 7.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
137LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
15. Revenue
March
2015
R
March
2014
R
Gross revenue comprises grants from the National Revenue Fund. These funds are provided to
LegalAidSouthAfricatoenableittomeetthegovernment’sresponsibilitytoprovidelegalservicesto those who cannot afford it.
Unconditional government grant
Baseline allocation 1,483,708,000 1,336,442,000
IJS mobility project 21,000,000 5,000,000
Case backlog - 34,000,000
1,504,708,000 1,375,442,000
The Integrated Justice System mobility funding was allocated for the development of integrated IT
systems, and R19,4 million of these funds have been requested for rollover as the development
couldnotbeinalisedduetochallengesencounteredduringsystemdevelopment.
16. Interest Income
Interest income consists mainly of income received from funds invested with the corporation for
public deposits 26,944,899 21,742,220
16.1 Other Income
Other income comprises
Commission and legal fees received/recovered 167,266 129,924
Proitondisposalofassets 2,135,176 3,404,081
* Sundry income 1,947,215 823,999
Bad debts recovered - 1,228
SASSETA grant - 1,757,933
4,249,657 6,117,165
* Sundry income relates to monies received from debtors for recoveries made for bursaries and
internships.
17. Administrative Expenses
Co-operation agreements 8,160,381 7,915,424
Impact litigation 22,791,002 8,066,476
Judicare 94,562,381 98,774,410
Civil disbursements 5,865,689 4,970,296
131,379,453 119,726,606
FINANCIAL INFORMATIONFor the year ended 31 March 2015
138 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
17.1 Other expenses
March
2015
R
March
2014
R
Otherexpensesismadeupofthefollowingmaterialexpenses:Advertising 3,402,172 4,045,539
Audit Fees 3,042,791 3,410,719
Board Fees 1,117,225 1,115,107
Cleaning Services 5,611,705 5,462,178
Communication 2,122,910 2,150,570
Computer Software Licenses 13,998,063 6,634,573
Document Exchange 940,088 856,337
Education and Training 5,509,310 7,089,097
Insurance-Group Life 17,173,642 15,402,940
Insurance Short Term 3,959,513 4,639,779
IT Support 1,647,364 1,306,188
Leadership Program 1,144,860 1,799,342
Legal Fees Provision 1,601,534 2,037,380
Library and Publication 3,085,308 3,132,566
Maintenance Building 1,660,960 1,683,397
MaintenanceOfice 2,242,118 1,939,605
Management Fees 488,816 632,374
Municipal Services 8,822,878 13,932,559
OficeRental 38,741,483 33,091,723
OficeRental–SatelliteOfices 6,092,571 5,579,038
Postage and Courier 436,561 245,787
Printing and Stationery 5,840,089 5,692,978
Bad debt Write Off - 624,439
Recruitment 1,357,896 1,545,071
Refreshments 866,408 905,397
Security Costs 2,049,608 1,507,762
Signage and Branding 528,461 410,351
Storage Costs 1,019,794 792,539
Subscriptions and Membership Fees 3,486,678 2,775,244
Skills Development 389,219 92,977
Software Maintenance 722,570 597,325
Telephone and Faxes 11,632,791 13,011,627
Tools and Equipment 2,361,190 1,358,569
Travel and Subsistence 8,153,458 8,917,508
Travelling and Sub-circuit Court 298,573 411,001
Vehicle Fuel 10,124,229 10,163,204
Vehicle Maintenance 2,999,475 2,718,065
Vehicle Tracking 981,580 2,850,360
Wide Area Network 11,382,445 12,075,821
Workmens Compensation 851,640 1,354,687
Workshops 621,193 4,464,309
Other expenses, not material individually 11,126,942 11,865,555
199,636,112 200,321,586
Other expenses include legal fees, achiever awards, bursaries, etc.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
139LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
18. Reconciliation of actual amount in the cash low statement and comparative statement
Thebudgetisapprovedonacashbasisbyfunctionalclassiications.Theapprovedbudgetcoverstheperiodfrom1April2014to 31 March 2015.
Thebudgetandaccountingbasisdiffers.Theinancialstatementsarepreparedontheaccrualbasisusingaclassiicationonthenatureofexpensesinthestatementofinancialperformance.
A reconciliation between the actual amounts on a comparable basis as presented in the statement of comparison of budget
andactualamountsinthecashlowstatementfortheperiodended31March2015hasbeenpresentedbelow.Theinancialstatements are prepared on an accrual basis and the budget is prepared on cash basis which creates a basis difference.
Operating
Activities
R
Financing
Activities
R
Investing
Activities
R
Actual amount on comparable basis as presented in the budget and
actual comparative statement
SCBA 95,041,747 - (53,526,688)
Basis difference SFP 7,987,133 (3,022,753) 4,319,125
Actualamountinthecashlowstatement CFS 103,028,880 (3,022,753) (49,207,564)
Surplus for the year (71,193,200)
The budget was prepared on cash basis for the 2014–2015.
Thestatementofproitandlossandothercomprehensiveincomeincludebothaccrualsandnoncashitems.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
140 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
19. Directors’ emoluments
19.1 Directors – non-executive
March
2015
R
March
2014
R
For services as directors
Name
Judge President D Mlambo - -
Mr T Tshivhase - -
Ms M Monama - -
Mr J Maree 147,307 160,651
Adv. P du Rand - -
Ms N Memka (Memka & Ass paid) 71,104 45,840
MsNMgadza 88,788 69,287
Prof. Y Vawda 174,528 120,384
Ms M Naidoo 103,499 63,526
Ms T Mhlungu 80,800 73,344
Judge E Molahlehi - -
Ms R Subban - -
Ms A Rhoda 14,544 95,150
Mr M Notyesi 48,498 64,176
Ms MJ Ramagaga - 24,448
Adv. K Pillay 71,104 24,448
Ms E Gandhi - 21,392
Ms B Mxakwe 79,453 98,867
MrWScholtz 76,203 78,901
Adv. L Gcabashe (Alternate member) - -
Mr J Gresse(Alternate member) - -
Mr N Mvundlela 30,704 -
Mr CJ Janse Van Rensburg (Alternate Member) 8,080 -
Adv. R Jansen (Alternate member) 8,080 18,336
1,002,691 958,748
FINANCIAL INFORMATIONFor the year ended 31 March 2015
141LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
19.2 Executive Management’s Remuneration
Basic
Salary
Bonus and
incentives
Expenses/
Allowances
Other Total
March 2015
Total
March 2014
For services as executives
Name
Ms V Vedalankar – Chief Executive
Oficer 1,146,952 236,047 925,618 1,785 2,310,402 2,032,983
Mr J Makokoane – Chief Operations
Oficer 911,605 204,406 605,847 16,631 1,738,489 1,587,660
Ms R Hlabatau – Chief Financial
Oficer 809,240 211,098 379,580 111,061 1,510,979 1,367,523
Ms A Clark – Human Resources
Executive
636,361 118,190 441,041 1,785 1,197,375 1,083,167
Mr P Hundermark – Chief Legal
Executive
846,207 244,619 396,708 115,498 1,603,030 1,426,621
Adv. B Nair – National Operations
Executive
884,860 268,407 426,785 107,968 1,688,020 1,529,521
Mr M Phasha – Communications
Executive
626,955 163,793 370,356 16,689 1,177,792 1,065,362
Mr T Mtati – Corporate Services
Executive
685,544 179,465 322,268 96,689 1,283,966 1,170,229
Mr V Mdaka – Regional Operations
Executive KZN
665,433 175,855 312,949 106,521 1,260,758 1,133,132
Mr H Bambiso – Regional
Operations Executive EC
608,562 159,063 286,599 121,791 1,176,015 1,073,189
Ms C Robertson – Regional
Operations Executive WC/NC
685,544 180,485 416,701 1,785 1,284,515 1,164,092
Adv. W Lambley – Regional
Operations Executive Gauteng
685,544 126,133 473,830 7,095 1,292,602 1,181,166
Ms Z Msweli – Regional Operations
Executive FS/NW*
232,859 107,262 188,680 33,757 562,557 1,055,927
Mr T Makamedi – Regional
Operations Excecutive FS/NW*
286,753 61,851 126,960 47,450 523,014 -
Mr A Mbatyoti – Information
Services Executive
617,689 107,234 341,704 88,075 1,154,703 1,051,897
Ms M Kgabi – Regional Operations
Executive LM/MP
599,564 153,838 294,598 175,693 1,223,693 1,066,255
Mr A Naidoo – Internal Audit
Executive*
336,455 98,643 232,703 892 668,694 1,142,098
Mr S Mamotheti – Internal Audit
Executive*
254,508 - 171,602 5,814 431,924 -
11,520,635 2,796,390 6,714,527 1,056,977 22,088,528 20,130,824
*Executivesforpartoftheinancialyear.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
142 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
20. Categories of inancial instruments
March
2015
R
March
2014
R
Financial assets
Cash and cash equivalents 437,166,222 386,367,659
Deposits 1,751,291 1,936,750
Client trust account 29,208,068 35,287,091
Trade and other receivables 1,259,080 421,818
Financial liabilities
Trade and other payables 83,876,882 80,681,022
Finance lease obligation 2,449,617 2,816,596
20.1 Risk Management
Sensitivity analysis risk
LegalAidSouthAfrica’smajorsourceofrevenueisgovernmentgrantandtoalesserextent,interestincomedependingoncashequivalentsheld.Amajorexpenseisonsalarieswhichareixedfortheperiodunderreview.
20.2 Sensitivity analysis
Belowistherecalculatedinancialassetsandliabilitiesshowingtheeffectof:
•Aonepercentagepointdecreaseorincreaseinthecurrentaccountinterestrate.
•Aonepercentagepointdecreaseorincreaseintradeandotherpayableaccountinterestrate.
•Aonepercentagepointdecreaseorincreaseintradeandotherreceivableaccountinterestrate.
Method used
It isassumedthedeceasedestatesfundsandtherentaldeposit interestratetrendhaveasigniicanteffectontheamountsrecognisedinsurplusordeicit.Aonepercentpointchangeinassumeddeceasedestatefundandrentaldepositinterestratewouldhavethefollowingeffects:
March
2015
March
2014
(1%)
R
1%
R
(1%)
R
1%
R
Cash and cash equivalents (4,371,662) 4,371,662 (3,863,677) 3,863,677
Deposits (17,513) 17,513 (19,367) 19,367
Client trust account (292,081) 292,081 (352,871) 352,871
FINANCIAL INFORMATIONFor the year ended 31 March 2015
143LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Market risk
Legal Aid South Africa is required by regulation to invest its short term funds in the Corporation for Public Deposits (CPD) which
is a subsidiary of the South African Reserve Bank. It accepts call deposits from the public sector and invests the funds in short
termmoneymarket instruments,special treasurybillsandcash.SincetheCPD’sfundsmaybewithdrawnonshortnoticeapre-requisite is what investments are made mainly in short term assets and the CPD Board does not invest in any assets with
a maturity of one and three years and at least 60% of all funds are invested in assets with a maturity of less than one month.
As all the short terms funds of Legal Aid South Africa are invested in short term bank deposits the issue of market risk does not
arise or is normal.
2. Liquidity risk
Liquidityriskistheriskthattheorganisationwouldnothavesuficientfundsavailableormayencounterdificultiesinraisingfundstomeetsitsfuturecommitments.ThisriskisregardedaslowconsideringtheLegalAidSouthAfrica’scurrentfundingstructuresand management of available cash resources.
March
2015
R
March
2014
R
<3 months 627,081 92,022
3–6 months 118,830 94,647
6 months–1 year 91,398 -
1+years 421,771 235,149
1,259,080 421,818
< 1 Year 1-2 Years 2-5 Years 5+ Years Total
Payables past due date
Trade and other payables Year 2015 83,730,346 146,536 - - 83,876,882
Client Trust Funds Year 2015 29,208,068 - - - 29,208,068
Finance lease obligation Year 2015 2,449,617 1,624,210 - - 4,073,827
Trade and other payables Year 2014 116,606,961 124,565 - - 116,731,526
Client Trust Funds Year 2014 35,287,091 - - - 35,287,091
Finance lease obligation Year 2014 2,816,596 2,126,308 - - 4,942,904
3. Interest rate risk
The organisation is exposed to interest rate risk in respect of returns on investments with inancial institutions and interestpayableoninanceleasescontractedwithoutsideparties.Theorganisation’sincomeandoperatingcashlowsaresubstantiallyindependentofchangesinmarketinterestrates.Theorganisationhasnosigniicantinterestbearingassetsotherthanliquidcash.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
144 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
4. Credit risk
Creditriskarisesmainlyfromreceivablesandcashandcashequivalents.TheLegalAidSouthAfrica’sexposuretocreditriskarises because of default of counterparties with maximum exposure equal to the carrying amount of these instruments. These
risksaremitigatedasfollows:
March
2015
R
March
2014
R
Receivables past due 421,771 235,149
a)Cashandcashequivalentsareplacedwithhighcreditqualityinancialinstitutionthusrenderingthe credit risk with regard to cash and cash equivalents limited.
b) Transactions are entered into with reputable institutions approved by National Treasury.
c) With regard to accounts receivables, credit risk is limited by the fact that the organisation does
not issue loans or raise debtors in its day to day business.
d) The Legal Aid South Africa does not offer credit facilities either to employees or any other
person, except where a debtor may be raised due to advances on travel and subsistence.
21. Commitments
Judicare commitments 82,652,920 97,697,866
R82,65 million (R97,69 million) committed expenditure related to the estimated value of instructions
issued before year-end where no accounts have been received. Refer to note 13 on Judicare
provision.
Computer Hardware and IT Support 8,152,807 10,684,896
Computer software 19,413,456 8,485,870
Computer software licenses-cisco phones 409,364 -
Impact Litigation 5,430,083 20,320,948
Advertising 259,008 1,264,523
Signage and Branding 128,167 -
Building Maintanance 22,460 -
Land and building 26,354,927 12,110,218
Furniture and Equipment 140,591 160,371
Leasehold Improvements 153,767 26,469
Tools and equipment 113,961 -
Vehicle Tracking 661,293 -
Motor Vehicles 3,627,255 1,568,725
64,867,139 54,622,020
Legal Aid South Africa placed orders with suppliers before year end and the goods and services where not received on
31 March 2015
FINANCIAL INFORMATIONFor the year ended 31 March 2015
145LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Operating lease commitments
Operating lease – Legal Aid South Africa as lessee
Thefutureminimumleasepaymentsundernon-cancellableoperatingleasesareasfollows:
March
2015
R
March
2014
R
Not later than one year 38,638,826 31,202,756
Laterthanoneyearandnotlaterthaniveyears 97,005,511 81,972,119
135,644,337 113,174,875
22. Contingent liabilities
22.1 Corporate Litigation 550,000 1,146,248
Corporate litigation is constituted of three categories namely professional negligence, disputes in
judicare claims and general litigation.
22.1.1 Professional Negligence
There are 2 claims relating to professional negligence in which clients alleged failure to prosecute
claims timeously or non-prosecution of claims resulting in prescription. All claims are being
defended. Legal Aid South Africa is insured and the amount of excess payable for the 1 claim is
R50,000 and for the other claim the attorneys are proposing a settlement of R50,000.
100,000 80,000
22.1.2 Judicare Claims
This is a matter in which judgement was granted in favour of the claimant, however a referee must
be appointed to determine the quantum of the claim. Based on the bills/claims submitted, there is a
likelihood that an amount of R450 000 may be a reasonable amount. The bills will be taxed based
on the high court tariffs, as our tariff scales in terms of the Legal Aid Guide are not applicable in
relation to this claim.
450,000 450,000
22.1.3 General Litigation
This matter arises from a former landlord of a JC. It is alleged that restoration of the property was
notdonewhentheoficewasvacatedandaclaimofsixmonthsrentalwasmade.Thecasewasdefended as the allegations made were disputed however a settlement was reached.
- 616,248
22.2 Surplus Fund 98,658,459 69,468,816
LegalAidSouthAfricahadasurplusofR98.6million(2014:R69.5million)ofwhichR64.8millionofthesefundswerecommittedtocertainprojectswhichcouldnotbeinalizedinthe2014–2015inancialyear.ForthebalanceofR33.8millionarequesthasbeen submitted to national Treasury for approval to retain the funds. We have no reason to believe that the request will not be
approved as previous requests were granted
FINANCIAL INFORMATIONFor the year ended 31 March 2015
146 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
22.3 Rollover funding
March
2015
R
March
2014
R
Computer hardware and IT support 8,152,807 10,684,896
Computer software 19,413,456 8,485,870
Computer software licenses-cisco phones 409,364 -
Impact litigation 5,430,083 20,320,948
Advertising 259,008 1,264,523
Signage and branding 128,167 -
Building maintanance 22,460 -
Land and building 26,354,927 12,110,218
Furniture and equipment 140,591 160,371
Leasehold improvements 153,767 26,469
Tools and equipment 113,961 -
Vehicle tracking 661,293 -
Motor vehicles 3,627,255 1,568,725
64,867,139 54,622,020
Legal Aid South Africa has applied to National Treasury to rollover the funds and the organisation
is awaiting National Treasury approval.
23. Bad debts written off
Bad debts written off 235,155 624,439
FINANCIAL INFORMATIONFor the year ended 31 March 2015
147LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
24. Fruitless and wasteful expenditure and irregular expenditure
24.1 Fruitless and wasteful expenditure
Amount of
fruitless
and
wasteful
expenditure
reported
R
Amount of
fruitless
and
wasteful
expenditure
recovered
R
Amount of
fruitless
and
wasteful
expenditure
not
recovered
R
In nineteen (19) instances interest was charged on late payment of invoices. 1,619 886 733
In four (4) instances, JC were charged penalties for late payment for late renewal
of vehicle license.
892 892 -
In one (1) instance where reconnection fee charged for late payment on electricity
account.
778 778 -
In one (1) instance where pleadings were sent to the wrong sheriff. 33 33 -
In one (1) instance where Legal Cluster meeting lunch was booked and paid for
but not utilised.
90 90 -
Inone(1) instancewheredoublebookingwasmadefor theoficialattending inStellenbosch.
3,469 3,469 -
Total 27 6,881 6,148 733
Financial misconduct related to fruitless and wasteful expenditure
Twentyseven(27)incidencesofinancialmisconductwhichrelatestofruitlessandwasteful expenditure were reported for the year under review. 12 instances were
only discovered at year end and could not be recovered at year end
Steps taken
In all 27 instances employees were given
counseling. 12 instances monies were
recovered,3 instances were condoned and
12 instances were only discovered during
year end and were recovered subsequent
to year end.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
148 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
24.2 Irregular expenditure
March
2015
R
March
2014
R
Opening balance 1,067,439 55,983
Irregularexpenditureoficerental 1,529,616 1,067,439
Irregular expenditure other goods and services 1,244,580 -
3,841,635 1,123,422
Less:Amountscondonedforjudicareimpactandotherservices 1,067,439 55,983
2,774,196 1,067,439
Less:Amountsrecoverable(notcondoned) - -
Less:Amountsnotrecoverable(notcondoned) - -
Irregular expenditure awaiting condonation 2,774,196 1,067,439
24.2.1 Irregular expenditure ofice rentalInten(10)instancespaymentsweremadetosupplierwithnotaxclearancecertiicate 1,529,616
24.2.2 Irregular expenditure other goods and services
In one (1) instance goods were procured but supporting documents could not be supplied for audit
purpose
1,506
In two (2) instances goods for more than R2,000 were procured with less than three quotes
requested and with no approved deviation
21,682
In two (2) instances goods were procured from a supplier who did not quote the lowest from the
three quotes received and with no approved deviation.
10,587
In one (1) instance service was procured without following due tender processes 1,210,805
2,774,196
Analysis of expenditure condoned as per age classiicationCurrent year - -
Prior year 1,067,439 55,983
Total 1,067,439 55,983
R 1,067,439 was approved by the board on 26 July 2014.
24.2.3 Financial misconduct related to irregular expenditure
Fourteen (14) incidents of inancial misconduct, which relates to irregularexpenditure were reported for the year under review.
Steps taken
In all 14 instances request for condonation
will be submitted for approval.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
149LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2015
1. When Legal Aid South Africa entered in to the lease contract with the landlords of Caledon JC, Hartwater SO, Soshanguve JC,
BotshabeloJC,IngwavumaSO,PinetownJC,MountFrereSOandMthataJCtheyhadvalidtaxclearancecertiicateswhichexpired during the lease period and they could not be renewed timeously.
2. Quest Research services was appointed to provide brand perception survey, however subsequent to the above tender being
awarded two more purchase orders were issued to the same service provider to provide two additional surveys without
following due tender processes.
2014
The building occupied by Mthata justice centre is owned by Diocese of Mthatha religious body. When Legal Aid South Africa
entered into the lease contract with the landlord, the Dioceses ofMthata in 200, they were registered as a public beneitorganisation.
The PBO status has subsequently not been renewed and hence their tax exemption has lapsed.
Alternative accommodation has been sought through the tender process, the quotation process and even approaching the
individual service providers and estate agents, no suitable accommodation could be sourced.
24.2.4 Irregular expenditure payment of higher fees to Audit Committee members
During 2014, it was discovered that payment of higher fees to Audit Committee members was approved by the Board in February
2003 and not the Minister of Justice and Correctional Services as per paragraph 8.1 of the Legal Aid South Africa Board Charter
and National Treasury Regulations section 20.2.2.
Approval to pay higher fees to audit committee members was subsequently obtained from the Minister of Justice and Correctional
Services with effect from 1 May 2015. The Minister did not approve the payment of higher fees for periods prior to 1 May 2015
and deems this expenditure to be irregular.
March
2015
R
March
2014
R
Current Year 23,162 114,819
Prior Year 725,252 610,433
Total 748,414 725,252
FINANCIAL INFORMATIONFor the year ended 31 March 2015
150 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
24.3 Financial misconduct related to non compliance with Legal Aid South Africa inancial policies and procedures
Steps taken
Four(4)incidentsofinancialmisconductwerereportedfortheyearunderreview.InallfourinstancestherewastransgressionofLegalAidSouthAfrica’sFinancialpolicies and procedures.
All four (4) employees were disciplined, two
(2) were dismissed and two (2) were given
written warnings.
25. Fraud
Steps taken
Six (6) incidents of fraud were reported for the year under review. In 5 of the
instances it was alleged that employees accepted payments from clients for
services provided and on one (1) instance the employee misrepresented her
educationalqualiications.
Three (3) of the employees left the
organisation before inalisation of thedesciplinary process and three (3) were
disciplined and dismissed.
26. Related party disclosures
All thepartiesthathavetheability tocontrolorexercisesigniicant inluenceoverLegalAidSouthAfrica inmakinginancialand operating decisions were considered to be related parties of the organisations. Legal Aid South Africa operates under the
umbrella of the Department of Justice and Correctional Services and the relevant Executive Authority is the Minister of Justice
andCorrectionalServices.Thefollowingentitiesareconsideredtoberelatedpartiesduetocommoncontrol:
National Prosecuting Authority
Special Investigating Unit
South African Human Rights Commission
Public Protector
Guardian’sFund
President’sFund
South African Board of Sheriffs
Criminal Asset Recovery Account
Council of Debt Collectors
South African Law Reform Commission
Remunerationpaidtoseniormanagementasdeined.Refertonote19.2above
27. Change in Accounting Estimate
Change in useful lives
On 1 March 2014 the Board of Directors of Legal Aid South Africa approved a change in estimate of useful lives of computer
equipmentandmotorvehicles inorder toachievea fairpresentationofinancial informationofLegalAidSouthAfrica.Thechange in estimate is effective 1 April 2014.
The useful life of computer equipment was revised from its old useful life of 4 years to a new useful life of 5 to 10 years, motor
vehicle was revised from its old useful life of 6 years to a new useful life of 8 to 10 years, building improvements was revised from
itsusefullifeof5yearstoanewusefullifeof15to20yearswhilefurnitureandittingswasrevisedfromitsoldusefullifeof5years to a new useful life of 10 to 15 years.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
151LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Thechangeintheusefullivesofproperty,plantandequipmentwillhaveacurrentimpactondepreciationonthefollowingassets:
(Decrease)/
Increase
Building Improvement (1,179,529)
Motor Vehicles (4,662,493)
Computer Hardware (1,085,284)
Furniture and Equipment (339,258)
Thechangeintheusefullivesofproperty,plantandequipmentwillhaveafutureimpactondepreciationonthefollowingassets:
(Decrease)/
Increase
Building Improvement 1,179,529
Motor Vehicles 4,662,493
Computer Hardware 1,085,284
Furniture and Equipment 339,258
28. Restatement of prior year comparatives iqures
Inthe2014–2015inancialyearthedepreciationrateappliedforcertaincategoriesofpropertyplantandequipmentwasnotproperly aligned to the period of usage of these assets. Some assets were utilised much longer than the estimated useful life.
Legal Aid South Africa decided to depreciate its assets in line with its estimated useful life.
Theeffectofthisadjustmentwouldresultinthe2015inancialstatementsrelectedasfollows:
The restated inancial position igures
March
2015
R
March
2014
R
Accumulated surplus - 13,270,488
Accumulated depreciation - (10,814,672)
The restated inancial performance igures
Depreciation - (2,455,815)
152 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
153LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTG:COMPANY INFORMATION
AND CONTACT DETAILS
154 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Regional Management
COMPANY INFORMATION AND CONTACT DETAILS
Back row from left: Grant Rudlin
(Graaff-Reinet JCE); Fuzile
Ngxukumeshe (Mthatha JCE);
Helen McCallum (Grahamstown JCE);
Linda Magaxeni (King William’s Town
JCE); Henry Lerm (Uitenhage JCE)
and Netarie Verwey (Aliwal North JCE).
Front row from left: Lynette Franklin
(Port Elizabeth JCE); Yolundi Ngxola-
Tshona (Queenstown JCE); Hope
Bambiso (ROE); Lynette Marais (East
London JCE) and Tobeka Maqwati
(Butterworth JCE).
Standing from left: Wouter De
Villiers (Bethlehem JCE); Cuma
Siyo (Botshabelo JCE); Nhlanhla
Shongwe (Ga-Rankuwa JCE); Victoria
Mophulane (Lichtenburg JCE);
Mothusi Khumalo (Maikeng JCE); Nolitha Jali (Kroonstad JCE); Aubrey
Kunene (Vryburg JCE); Catherine
Muthivhithivhi (Rustenburg JCE) and
Machini Motloung (Bloemfontein JCE).
Seated from left: Stefani De Villiers
(Welkom JCE); Tshotlego Makamedi
(ROE) and Moima Phakedi
(Potchefstroom JCE).
EASTERN CAPE REGION
FREE STATE AND NORTH WEST REGION
GAUTENG REGION
From left: Michael Ramaphosa
(Soshanguve JCE); Nomawethu
Mtebele (Tembisa JCE); Stephen
Mofokeng (Krugersdorp JCE);
Flavia Isola (Pretoria JCE); Mmeli
Motsepe (Soweto JCE); Aysha
Ismail (Germiston JCE); Nokuphiwa
Nguqu (Benoni JCE); Thami
Manaba (Vereeniging JCE); Wilna
Lambley (ROE) and Ncikazi Moahloli
(Johannesburg JCE).
Absent: Alexandra JCE (position
vacant).
155LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
From left: Tsakani Maluleke-Sihlangu
(Tzaneen JCE); Ernest Mogashoa
(Middelburg JCE); Mathew Shongwe
(Ermelo JCE); Evans Mabitsela
(Witbank JCE); Mpho Kgabi (ROE);
Elton Makhadi (Makhado JCE); Thabo
Ledwaba (Polokwane JCE); Jacqueline
Maimela (Modimolle JCE); Thomas
Madzaga (Thohoyandou JCE) and
Sipho Ndhlovu (Nelspruit JCE).
Back row from left: Elroy Machelm
(Malmesbury JCE); Janus Roothman
(Vredendal JCE); Victor Mofokeng
(Upington JCE); Nelis du Plessis
(Caledon JCE) and Joseph Bosealetse
(Kimberley JCE).
Front row from left: Cobus Esterhuizen
(Cape Town JCE); Pumezo Qelile
(Regional HRM); Ronelle Arendse
(Bellville JCE); Cordelia Robertson
(ROE); Fawzia Bacus (Worcester
JCE); Mark Gafley (Athlone JCE); Lesley-Ann Boer (RLM); Pieter
Terblanche (George Acting JCE) and
Liezel du Toit (Colesburg JCE).
Absent: Shawn Flowers
(Stellenbosch JCE).
KWAZULU-NATAL REGION
LIMPOPO AND MPUMALANGA REGION
WESTERN AND NORTHERN CAPE REGION
From left: Mandla Ntobela (Ladysmith
JCE); Bhekizenzo Mthethwa (Verulam
JCE); Vis Nair (Pinetown JCE);
Nomsa Nkosi (Umlazi JCE); Vela
Mdaka (ROE); Musawakhe Sithebe
(Vryheid JCE); Fathima Buckus
(Newcastle JCE); Raguvhu Madzhiye
(Pietermaritzburg JCE); Lungile
Magoso (Empangeni JCE) and Roger
Jasson (Port Shepstone JCE).
156 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2. Contact Details
NATIONAL OFFICE CONTACT DETAILS
29 De Beer Street
Johannesburg, 2017, South Africa
Docex 117, Johannesburg
Tel:+27118772000Fax:+27118772222LegalAidAdviceLine:0800110110LegalAidSouthAfricaEthicsHotline:0800153728Website:www.legal-aid.co.za
Name Designation Email Address
Judge President Dunstan Mlambo Board Chairperson
Ms Vidhu Vedalankar ChiefExecutiveOficer [email protected]
Mr Jerry Makokoane ChiefOperationsOficer [email protected]
Adv. Brian Nair National Operations Executive [email protected]
Mr Patrick Hundermark Chief Legal Executive [email protected]
Mr Sethopo Mamotheti Internal Audit Executive [email protected]
Ms Rebecca Hlabatau ChiefFinancialOficer [email protected]
Mr Thembile Mtati Corporate Services Executive [email protected]
Ms Amanda Clark Human Resources Executive [email protected]
Mr Mpho Phasha Communications Executive [email protected]
MrJoeKhoza Acting Information Service Executive [email protected]
COMPANY INFORMATION AND CONTACT DETAILS
157LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
EASTERN CAPE
1 Aliwal North Ms Netarie Verwey PO Box 153
Aliwal North
Docex 4
67 Somerset Street
Aliwal North
9750
051 633 2530 051 634 2662
2 Butterworth Ms Tobeka Maqwati PO Box 553
Butterworth
4960
Docex1
ECDC Building
No 24 High Street
Butterworth
047 491 0006 086 530 4119
3 East London Ms Lynette Marais PO Box 7570
East London
5200
Docex 57
No 86 Oxford Street
5th Floor
Oxford House
East London
5200
043 704 4700 043 722 3503
4 Graaff-Reinet Mr Grant Rudlin PO Box 326
Graaf-Reinet
6280
Docex 3
64 Church Street
Graaf-Reinet
6280
049 807 2500 049 892 6033
5 Grahamstown Ms Helen McCallum PO Box 105
Grahamstown
6140
Docex 18
69 High Street
Grahamstown
6140
046 622 9350 046 622 8873
6 King Williams Town Ms Linda Magaxeni PO Box 2323
King Williams Town
5600
Docex 4
2nd Floor
Old Mutual Building
Cnr Cathcart &
Macclean Street
King Williams Town
043 604 6600 043 642 4885
7 Mthatha MrFuzileNgxukumeshe
PO Box 536
Mthatha
5099
Docex 13
96 Sutherland Street
PRD Building
Mthatha
5099
047 501 4600 047 531 4144
8 PortElizabeth Ms Lynette Franklin PO Box 27989
Greenacres
6057
Docex 127
1 Uitenhage Road
North End
PortElizabeth6001
041 408 2800 041 487 3335
9 Queenstown Ms Yolundi Ngxola-
Tshona
PO Box 1398
Queenstown
5320
Docex 28
No 2–4 Shepstone
Road
Jeantel Bld, Erf 5273
Queenstown
5319
045 807 3500 045 838 4620
10 Uitenhage Dr Henry Lerm PO Box 459
Uitenhage
6230
Docex 6
32–36 Baird Street
Uitenhage
6230
041 991 1811 041 991 1814
Eastern Cape Regional
OficeMr Hope Bambiso
ROE
PO Box 63799
Greenacres
PortElizabeth6056
Docex 131
5 Mangold Street
Newtown Park
PortElizabeth6001
041 363 8863 041 363 1216
Table 22: Justice Centres and Regional Ofices Contact Details
158 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
FREE STATE PROVINCE
1 Bethlehem Mr Wouter de Villiers PO Box 1324
Bethlehem
9700
Docex 15
24 Cnr Commissioner
& Naude Street
Bethlehem
9700
058 303 6824 058 303 6823
2 Bloemfontein Mr Machini Motloung PO Box 9899
Bloemfontein
9300
Docex 46
1st Floor
SouthernPlazaBuilding
41 Charlotte Maxeke
Street
Bloemfontein
9301
051 447 9915 051 447 2106
3 Botshabelo Mr Cuma Siyo PO Box 6141
Botshabelo
9781
Docex 001
Botshabelo
Suite No 5
Varese Centre
Botshabelo
9781
051 534 4917 051 534 4930
4 Kroonstad Ms Nolitha Jali PO Box 2229
Kroonstad
9500
Docex 12
99 Murray Street
Kroonstad
9501
056 216 4800 056 212 4522
5 Phuthadithjaba Mr Lot
Madungandaba
PrivateBagX831Witsieshoek
9870
Cnr Motloung & Setai
Street
FDCOficeBlockEPhutaditjhaba
9866
058 713 5000 058 713 5002
6 Welkom Ms Stefani De Villiers PO Box 335
Welkom
9460
Docex 1
Archiquant Building
8 Heerent Street
Welkom
9460
057 357 2847 057 357 1948
NORTH WEST PROVINCE
7 Ga-Rankuwa Mr Nhlanhla
Shongwe
PO Box 23
Ga-Rankuwa North
0209
Docex 3
Akasia
Shop No 58A
Ga-Rankuwa City
Centre
Ga-Rankuwa
0208
012 700 1416 012 700 1908
8 Klerksdorp Ms Melinda de Kock P O Box 2793
Klerksdorp
2570
Docex 9
Corner Leask and
Bram Fischer
Klerksdorp
2570
018 464 3022 018 462 8607
9 Lichtenburg Ms Victoria M
Mophulane
PO Box 1208
Lichtenburg
2740
Docex 7
25 Bantjes Street
Lichtenburg
2740
018 632 7600 018 632 7609
10 Maikeng Mr Mothusi Khumalo PrivateBagX2125Maikeng2745
Docex 8
3794 IEC Building
ProteaOficeParkSekame Road
Maikeng
018 381 1096 018 381 5094
11 Potchefstroom Mr Moima Phakedi PO Box 1447
Potchefstroom
2520
44 Dr James Moroka
Street
Royal Building
2nd Floor
Potchefstroom
2531
018 293 0045 018 297 7425
COMPANY INFORMATION AND CONTACT DETAILS
159LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
12 Rustenburg Ms Catherine
Muthivhithivhi
PO Box 2090
Rustenburg
0300
Docex 31
122 Beyers Naude
Drive
Albach Building
Rustenburg
0299
014 592 3186 014 565 6821
13 Vryburg Mr Aubrey Kunene PO Box 652
Vryburg
8601
Docex 7
71 Vry Street
Vryburg
8601
053 927 0095 053 927 0119
Free State & North
WestRegionalOficeMr Peter Makamedi
ROE
PO Box 1798
Brandwag
Bloemfontein
9300
Docex 125
Bloemfontein
163 Nelson Mandela
Drive
Phg Building
Bloemfontein
9301
051 412 8040 051 447 3754
GAUTENG PROVINCE
1 Alexandra Vacant PO Box 1192
Bramley
2018
Docex 5
GlenHazel
650 Louis Botha Ave
Bramley
Johannesburg
2018
011 786 3603 011 786 0862
2 Benoni Ms Nokuphiwa
Nguqu
PO Box 2972
Benoni
1500
Docex 12
23 Tom Jones Str
Bedford Court Building
Benoni
1501
011 845 4311 011 421 1082
3 Germiston Ms Aysha Ismail PO Box 4302
Germiston South
1401
Docex 23
9th Floor
Standard Bank Towers
247 President Street
Germiston
1401
011 842 7300 011 872 1527
4 Johannesburg MsNcikaziMoahloli PO Box 62378
Marshalltown
2107
Docex 259
70 Fox Street
Marshalltown
Johannesburg
2000
011 870 1480 011 838 6658
5 Krugersdorp Mr Stephen
Mofokeng
PO Box 660
Krugersdorp
1740
Docex 19
3rd Floor
ABSA Building
Cnr Kruger & Human
Street
Krugersdorp
011 660 2335 011 660 2050
6 Pretoria Ms Flavia Isola PO Box 1281
Pretoria
0001
Docex 350
2nd Floor
FNB Building
206 Church Street
Pretoria
012 401 9200 012 324 1950
7 Soshanguve Mr Michael M
Ramaphosa
PO Box 401
Soshanguve
152
Docex 5
Pretoria North
Medicos Centre
Stand no 2093
Block H
Soshanguve
0152
012 797 2721 012 797 2573
8 Soweto Mr Mmeli Motsepe PO Box 392
Pimville
1808
Docex 115
Ofice403&411AMaponya Mall
Chris Hani Road
Klipspruit
011 938 3547 011 983 8220
COMPANY INFORMATION AND CONTACT DETAILS
160 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
9 Tembisa Ms Nomawethu
Mtebele
PO Box 1725
Tembisa
1620
Docex 30
Kempton Park
Shop 42
Tembisa MegaMart
Mall
Botswana Road
Tswelopelo Section
Tembisa
011 316 0197 011 316 0198
10 Vereeniging Mr Thami Manaba PO Box 3948
Vereeniging
1930
Docex 25
8 Jasmine Mansions
28 Senator Mrks Ave
Vereeniging
1938
016 421 3527 016 421 4287
Gauteng Regional
OficeAdv Wilna Lambley
ROE
PO Box 16237
Lyttelton
Docex 134
144 Cantonment Street
Selborne Centre
Lyttelton
Pretoria
0157
012 664 2921 012 664 6920
KWAZULU-NATAL
1 Durban Ms Nomsa Nkosi PO Box 4397
Durban
4000
Docex 214
Suite 401
4th Floor
Salibury House
332 Smith Street
Durban
4001
031 304 0100 031 304 3564
2 Empangeni Ms Lungile Magoso PO Box 38
Empangeni
3880
Docex 18
MazuliHouse7 Maxwell Street
Empangeni
3008
035 792 4949 035 792 4954
3 Ladysmith MrJeromeShezi(Acting JCE)
PO Box 1181
Ladysmith
3370
Docex 9
Ladysmith
371 Murchison Street
Cnr Murchison &
Eggerton (opposite
Anderson Motors)
PBS Building
Ladysmith
3370
036 638 2500 036 637 5036
4 Newcastle Ms Fathima Buckus PO Box 1850
Newcastle
2940
Docex 7
65 Scott Street
Newcastle
2940
034 328 7100 034 312 3426
5 Pietermaritzburg Mr Raguvhu J
MadzhiyeSuite 173
PostnetX9118Pietermaritzburg3200
Docex 64
183 Church Street
Pietermaritzburg3201
033 394 2190 033 342 2576
6 Pinetown Mr Vis Nair PO Box 1006
Pinetown
3600
Docex 162
1st Floor ABSA
Building
1 Church Road
Pinetown
3600
031 719 2700 031 701 5880
7 Port Shepstone Mr Roger Jasson PO Box 50148
Port Shepstone
4240
Docex 5
Port Shepstone
2nd Floor MB Centre
49 Aiken Street
Opposite ABSA Bank
Port Shepstone
4240
039 688 9600 039 682 5908
8 Umlazi Mr Mandla Ntobela PO Box 36265
Ntokozweni4089
Docex 1
V1332
Ithala Industrial Park
Cnr Mangosuthu
Highway & Road 1902
Umlazi4031
031 918 8100 031 906 1477
COMPANY INFORMATION AND CONTACT DETAILS
161LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
9 Verulam MrBhekizenzoMthethwa
PO Box 183
Verulam
4340
Docex 380
Durban
Suite1AyeshaRazakCentre
1st Floor
AyeshaRazakCentre23 Groom Street
Verulam
4340
032 533 2654 032 533 2651
10 Vryheid Mr Musa Sithebe PO Box 852
Vryheid
3100
Docex 5
Vryheid
Ground Floor Suite
ABSA Building
199A Church Street
Vryheid
310
034 989 8300 034 989 8311
KwaZulu-Natal
RegionalOficeMr Vela Mdaka ROE PO Box 2489
Pinetown
3600
Docex 261
Durban
7th Floor Charter
House
Cnr Crompton & Union
Street
Pinetown
3600
031 717 8450 031 702 1960
LIMPOPO PROVINCE
1 Makhado Mr Elton Makhadi PO Box 4591
Louis Trichardt
0920
Docex 8
Louis Trichardt
Noor Gardens
Cnr Krogh & Devenish
Str
Louis Trichardt
0920
015 519 1100 015 519 1103
2 Modimolle Ms Jacqueline
Maimela
PO Box 4373
Modimolle
0510
Docex 8
Shop 8
Nyl Sake Sentrum
Nelson Mandela Drive
Modimolle
0510
014 717 4977 014 717 4980
3 Polokwane Mr Thabo Ledwaba PO Box 1314
Polokwane
0700
Docex 24
2nd Floor
Pioneer Building
52 Landros Marais
Street
Polokwane
0700
015 291 2429 015 295 4386
4 Thohoyandou Mr Thomas M
MadzagaPO Box 3550
Thohoyandou
0950
Docex 3
Shop 2
Metropolitan Complex
Thohoyandou
0950
015 962 6206 015 962 6383
5 Tzaneen Ms Tsakani Maluleke-
Sihlangu
PO Box 2365
Tzaneen850
Docex 16
2nd Floor
TzaneenCrossingMallCnr Lydenburg &
Skurving Str
Tzaneen
015 307 3129 015 307 3113
MPUMALANGA PROVINCE
6 Ermelo Mr Matthew L
Shongwe
PO Box 656
Ermelo
2350
Docex 9
Ermelo
14 Joubert Street
Ermelo
2350
017 819 7291 017 819 7270
7 Middelburg Mr Ernest Mogashoa PO Box 827
Middleburg
1050
Docex 3
Room 102D
1st Floor
Wonderpark Spar
Building
Cnr Walter Sisulu & Dr
Beyers Naude Street
Middleburg
1050
013 243 5964 013 282 1235
COMPANY INFORMATION AND CONTACT DETAILS
162 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
8 Nelspruit Mr Sipho Ndhlovu PO Box 5103
Nelspruit
1200
Docex 31
Room 806
8th Floor
30 Brown Street
Nedbank Building
Nelspruit
1200
013 753 2154 013 755 1540
9 Witbank Mr Evans Mabitsela PO Box 4373
Emalahleni
1035
Docex 51
Room 701
7th Floor
Vusani Building
Arras Street
Emalahleni
1035
013 656 5290 013 656 5291
Limpopo &
Mpumalanga Regional
Ofice
Ms Mpho Kgabi ROE PO Box 11237
Bendor Park
0713
Docex 56
Polokwane
Corma Park Number 3
Rhodes Drift Avenue
Bendor
Polokwane
0700
015 296 0117 015 296 0102
WESTERN CAPE PROVINCE
1 Athlone MrMarkGafley PO Box 166
Athlone
7760
Docex 9
Athlone
2nd Floor
Klipfontein Road
MeloinCentre7764
Athlone
021 697 5252 021 697 5316
2 Bellville Ms Ronelle Arendse Docex 70
Bellville
68 Durban Road
Van Der Stel Bldg
Cnr Voortrekker &
Durban Street
Bellville
7535
021 949 3062 021 949 2534
3 Cape Town Mr Cobus
EsterhiuzenPO Box 516
Cape Town
8001
Docex 19
Cape Town
3rd Floor
South African Reserve
Bank Building
60 St Georges Mall
Cape Town
8001
021 426 4126 021 426 5766
4 George Ms Zukiswa Mavuso Docex 27
George
Tommy Joubert
Building
Cnr Craddock &
Courtenay Street
George
6530
044 802 8600 044 874 0779
5 Caledon Mr Nelis Du Plessis Docex 3
Caledon
22 Church Street
Caledon
7230
028 212 1815 028 212 1826
6 Malmesbury Mr Elroy Machelm Docex 6
Malmesbury
1st Floor, The Lionel
Frank Building
47 Voortrekker Road
Malmesbury
022 482 1784 022 482 4449
7 Stellenbosch Mr Shawn Flowers PO Box 534
Stellenbosch
7600
Docex 38
Ofice2012nd Floor
Eikestad Mall
Bird Street
Stellenbosch
7600
021 882 9221 021 882 9237
8 Vredendal Mr Janus Roothman Docex 3
Vredendal
9 Dorp Street
Vredendal
8160
027 201 1030 027 213 2627
COMPANY INFORMATION AND CONTACT DETAILS
163LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone
Number
Fax Number
9 Worcester MsFawziaEssopBacus
Docex 1
Worcester
1st Floor
WC Building
Cnr High &
Stockenstrom Streets
Worcester
6850
023 348 4040 023 348 4051
NORTHERN CAPE PROVINCE
10 Colesburg MsLiezelDuToit Docex 4
Colesburg
8 Campbell Street
Colesburg
9795
051 753 2281 051 753 2284
11 Kimberley Mr Joseph
Bosealetse
PO Box 846
Kimberley
8300
Docex 4
Kimberley
4 Sydney Street
Pretmax Building
Kimberley
8301
053 832 2348 053 832 2356
12 Upington Mr Victor Mofokeng Postnet 100
PrivateBagX5879Upington
8800
Docex 12
Upington
11LutzStreetUpington
8800
054 337 9200 054 337 9210
Western & Northern
CapeRegionalOficeMs Cordelia
Robertson ROE
Docex 23
Stellenbosch
2nd Floor
Trumali Road
ShirazHouseBrandwachtOficeParkStellenbosch
7600
021 861 3000 021 886 8657
COMPANY INFORMATION AND CONTACT DETAILS
164 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICES
No Justice Centre No Satellite Ofice Postal Address Physical Address Telephone
Number
Fax Number
GAUTENG PROVINCE
1 Benoni 1 Nigel PO Box 2972
Benoni
1500
Docex 12
Kruger and Okes
23 Kingsway Street
Nigel
1491
011 814 5159 011 814 5259
2 Soweto 2 Westonaria N/A Shop3ElizabethCentre
President Steyn Street
Westonaria
011 753 2604 011 753 2629
3 Vereeniging 3 Heidelberg PO Box 3948
Vereeniging
1930
Docex 25
Portion 4
24 Uekerman Street
Eslin Building
Heidelberg 1441
016 341 4430 016 341 4430
4 Frankfort PO Box 3948
Vereeniging
1930
Docex 25
55 JJ Hadebe Street
Frankfort
058 813 1624 058 813 2171
LIMPOPO PROVINCE
4 Makhado 5 Musina PO Box 4591
Louis Trichardt
920
Stand No 2110
Nkhata Cresent Street
NanceieldExtension5
Musina
015 533 1691 015 599 1692
5 Modimolle 6 Lephalale PO Box 17
Lephalale
555
First Floor
2 Booysen Street
Stamax Building
First Floor
014 763 1433 014 763 1437
6 Polokwane 7 Mokopane PO Box 1314
Polokwane
0700
Docex 24
58 Rabe Street
Rayveen Complex
Mokopane 6515
015 491 4461 015 491 4759
8 Lebowakgomo PO Box 1314
Polokwane
0700
Docex 24
OGBH Building
Ground Floor
Lebowakgomo
015 633 7636 015 633 7704
9 Bochum PO Box 1314
Polokwane
0700
Docex 24
Shalas Complex
Block B2
Mainstreet
Senwabarwana
015 505
9031/2
015 505 9030
7 Tzaneen 10 Giyani PO Box 2365
Tzaneen850
Ground Floor
Old Mutual Building
Giyani Main Road
Giyani
015 812 3065 015 812 3697
11 Phalaborwa PO Box 2365
Tzaneen850
Shop No 4
32 Wildevey Street
Phalaborwa
015 781 0960 015 781 0976
165LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICES
No Justice Centre No Satellite Ofice Postal Address Physical Address Telephone
Number
Fax Number
KWAZULU-NATAL PROVINCE
8 Empangeni 12 Ingwavuma PO Box 38
Empangeni
3880
CnrJoziniandKwaNgwanase Road
Ingwavuma
3968
035 591 0950 035 591 0907
13 Mkuze PO Box 38
Empangeni
3880
Shop 22F
MkuzePlazaOld Main Road
Mkuze3974
035 573 1655 035 576 1656
9 Ladysmith 14 Estcourt PO Box 1010
Estcourt
3310
Shop No 1
127 Albert Street
Estcourt
3310
036 352 1997 036 352 1998
10 Newcastle 15 Dundee PO Box 1850
Newcastle
2940
Unit 13
56 Smith Street
Dundee
3000
034 212 4351 034 212 4534
11 Pietermaritzburg 16 Greytown Suite 173
PostnetX9118Pietermaritzburg3200
Shop No 1
40 Bell Street
Greytown
3250
033 417 2146 033 417 2146
17 Bulwer Suite 173
PostnetX9118Pietermaritzburg3200
Shop 5
Stavcom Building
Main Road
Bulwer
039 832 0515/6 039 832 0518
12 Port Shepstone 18 Kokstad PO Box 50148
Port Shepstone
4240
29 Barker Street
Kokstad
4700
039 727 5081 039 727 5082
19 Ixopo PO Box 33
Ixopo
3276
Shop No 3
Ixopo Bottlestore Bld
Margaret Street
Ixopo
3276
039 834 2962 039 834 2967
13 Umlazi 20 Umzinto PO Box 186
Umzinto4200
OficeA11Hypersingh Centre
Cnr Court & Textile
Road
Umzinto
039 974 4591 039 974 4591
14 Verulam 21 Stanger PO Box 183
Verulam
4340
Suite 1 Stanger Mall
Stanger Mall
55 King Shaka Street
Stanger
4450
032 551 3740 032 551 3957
15 Vryheid 22 Ulundi PO Box 852
Vryheid
3100
FairbreezeOficeParkPrincess Magogo
Street
Ulundi
3838
035 870 0832 035 870 3108
166 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICES
No Justice Centre No Satellite Ofice Postal Address Physical Address Telephone
Number
Fax Number
MPUMALANGA PROVINCE
16 Ermelo 23 Piet Retief PO Box 809
Piet Retief
2380
14 Kruger Street
Piet Retief
2380
017 826 4568 017 826 2725
24 Eerstehoek PO Box 112
Elukwatini
1192
Stand Number 88
NhlazatsheGElukwatini
1192
017 883 7931 017 883 0118
25 Standerton PO Box 1321
Ermelo
2430
OiiceNo7Time Square Building
48 Charl Cilliers Street
Standerton
017 712 5928 017 712 5963
17 Middelburg 26 Groblersdal PO Box 827
Middleburg
1050
Eldorado 7
Voortrekker Street
Groblersdal
470
013 262 4770 013 262 4768
27 Siyabuswa PO Box 827
Middleburg
1050
1664 A Maqhawe
Street
Siyabuswa
013 973 3963 N/A
18 Nelspruit 28 Lydenburg PO Box 1146
Lydenburg
1120
29 De Clerk Street
Kraaines Building
Lydenburg
1120
013 235 9940 013 235 1669
29 Bushbuckridge PO Box 2357
Bushbuckridge
1280
R40 Road
Protea Building
Bushbuckridge
1280
013 799 1832 013 799 1835
30 Tonga PO Box 1021
Kwalugedlane
1341
Stand 77
Tonga View
N/A
071 977 8579 013 780 3073
19 Witbank 31 Secunda PO Box 7630
Secunda
2302
Docex 8
2nd Floor
Old Mutual Building
Horwood Street
Secunda Complex
Secunda
017 634 8532 017 634 6571
32 Kwa-Mhlanga PO Box 4373
Witbank
1035
Erf 538/7
Kwa-Mhlanga
Bankview
013 947 3379 N/A
EASTERN CAPE PROVINCE
20 Aliwal North 33 Sterkspruit PO Box 153
Aliwal North
9750
Site 99
Main Street
Sterkspruit
051 611 0348 051 611 0349
21 Graaff-Reinet 34 Somerset East/
Oos
PO Box 448
Somerset East
5850
Visser Centre 12
Njoli Street
Somerset Oos
5850
042 243 0610 042 24 33 048
35 Cradock PO Box 584
Cradock
5880
Venus Building
Michau Street
Cradock
5880
048 881 4867 048 881 2275
22 Grahamstown 36 Fort Beaufort PO Box 487
Fort Beaufort
5720
No 38A
Durban Street
Fort Beaufort
046 645 2270 046 645 1318
23 King Williams
Town
37 Stutterheim PO Box 2323
King Williams Town
75 Hill Street
Stutterheim
4930
043-683 2973 043 683 1093
167LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICES
No Justice Centre No Satellite Ofice Postal Address Physical Address Telephone
Number
Fax Number
24 Mthatha 38 Lusikisiki PO Box 536
Mthatha
OficeNo9&10Embassy Building
AMCA Road
Lusikisiki
039 253 1442 039 253 1442
39 Bizana PO Box 536
Mthatha
159 Main Street
Bizana039 251 0098 039 251 0098
40 Mount Frere PO Box 536
Mthatha
Erf 339 Hospital Road
Mt Frere
4870
039 255 1473 039 255 1473
25 PortElizabeth 41 Humansdorp PO Box 393
Humansdorp
6300
Tredalux Building
23 Main Street (at the
rear)
Humansdorp
6300
042 295 2794 042 295 2768
26 Queenstown 42 Elliot PO Box 1398
Queenstown
5320
18 Market Street
Elliot
5460
045 9311 984 045 9311 986
27 Uitenhage 43 Kirkwood PO Box 459
Uitenhage
6230
Docex 6
32B John Street
Kirkwood
042 230 0713 042 230 0679
WESTERN CAPE PROVINCE
28 Athlone 44 Mitchells Plain PO Box 166
Athlone
7760
Docex 9
Athlone
Mitchells Plain Court
Mitchells Plain
7785
021 370 4220 N/A
30 Caledon 45 Swellendam Docex 3
Caledon
67 Voortrekker Street
Swellendam
6470
028 514 3026 028 514 2674
31 George 46 Beaufort West Docex 27
George
102 Bird Street
Beaufort West
6970
023 415 1689 023 414 3162
47 Riversdale Docex 27
George
17 Heidelberg Road
Riversdale
6670
028 713 4620 028 713 4621
48 Oudtshoorn Docex 27
George
Allied Building
Room 302, 303 & 304
Kerk Street
Oudtshoorn
044 279 2255 044 279 2558
32 Malmesbury 49 Atlantis Docex 6
Malmesbury
Drosdy Centre
WesleurCircleAtlantis
7349
021 572 8522 022 482 4449
50 Vredenburg Docex 6
Malmesbury
1st Floor
Standard Bank Building
20 Main Road
Vredenburg
7380
022 713 1006 022 713 1007
33 Vredendal 51 Calvinia Docex 3
Vredendal
20 Hantam Street
Calvinia
027 341 2240 027 341 2264
52 Springbok Docex 3
Vredendal
Portion of Old Royal
Food
Cnr of Riebeck &
Loop Street
Springbok
8240
027 718 2449 027 718 2453
168 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICES
No Justice Centre No Satellite Ofice Postal Address Physical Address Telephone
Number
Fax Number
NORTHERN CAPE PROVINCE
34 Colesburg 53 De Aar 47 Church Street
De Aar
7000
Docex 4
Colesburg
47 Church Street
De Aar
7000
053 631 1950 053 631 1321
54 Victoria West 14 Church Street
Victoria West
7070
Docex 4
Colesburg
14 Church Street
Victoria West
7070
053 621 0039 053 621 0037
35 Kimberley 55 Hartswater PO Box 846
Kimberley
8300
Docex 4
Kimberley
5 DF Malan
Cosmic Gold Centre,
OficeNo.5Hartswater
8570
053 474 0341 053 474 0312
36 Upington 56 Kuruman X5879Upington
8800
Docex 12
Upington
3 Federale Mynbou
Street
Kuruman
8460
053 712 3782 053 712 3783
57 Prieska PO Box 422
Prieska
8940
Docex 12
Upington
29 Loots Boulevard
Prieska
8940
053 353 1184 N/A
58 Postmasburg 22 Boe Street
Postmasburg
8420
Docex 12
Upington
22 Boe Street
Postmasburg
8420
053 313 3642 053 313 3642
NORTH WEST PROVINCE
37 Klerksdorp 59 Wolmaranstad 12 Kruger Street
Kruger Mall
Wolmaranstad
2630
12 Kruger Street
Kruger Mall
Wolmaranstad
2630
018 596 2775 018 596 1004
38 Lichtenburg 60 Delareyville PO Box 918
Delareyville
2770
Shop No.3 Corner
Visser Street
Delareyville
2770
053-948 1092 053 948 1182
39 Potchefstroom 61 Carletonville PO Box 1447
Potchefstroom
2520
49 A van Zyl &
Smit Street
Oberholzer2502
018 787 2346 018 787 2346
FREE STATE PROVINCE
40 Botshabelo 62 Ladybrand PO Box 6141
Botshabelo
9781
23 Piet Retief Street
Ofice2Terblanche9745
051 924 0350 051 924 0360
41 Bethlehem 63 Ficksburg N/A 15 Erwee Street
Ficksburg
9730
051 933 3061 051 933 4086
42 Phuthaditjhaba 64 Vrede PO Box 716
Vrede
9835
55 Cnr Kerk and Ras
Vrede
9835
058 913 3521 058 913 3579
169LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
3. Map
170 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NOTES
D LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Legal Aid House
29 De Beer Street, Braamfontein
Johannesburg, 2017, South Africa
Private Bag X76
Braamfontein, 2017
Telephone
+27 11 877 2000
Ethics Hotline
0800 153 728
Legal Aid Advice Line
0800 110 110
Website
www.legal-aid.co.za
RP140/2015
ISBN: 978-0-621-43562-7