portfolio committee on justice and constitutional development

PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

ANNUAL REPORT 2010/2011

13 OCTOBER 2011

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CONTENTS

1.Introduction

2.Departmental Performance Report2.1 Key Departmental Challenges2.2 Key Policy Developments2.3 Overview on Service Delivery2.4 Programme Performance Against The Strategic Plan

3.Financial Report3.1 Budget And Expenditure Outcome3.2 Audit Outcomes3.3 DOJ’s Medium Term Expenditure Framework

4.Conclusion

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Vision

A transformed and accessible justice system which promotes and protects

social justice, fundamental human rights and freedom.

Mission

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

Principles And Values:

Commitment to Constitutional Values and a Culture of Human Rights;

Batho Pele;

Good Governance;

Ubuntu;

Professionalism and Continuous Improvement; and

Open Communication.

1. INTRODUCTION

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

In promoting this, the Department continued in the period under review with the pursuance of its strategic goals relating to:

• Improvement in the administration of justice through good governance and accountability;

• Provision of effective and efficient justice services through speedy resolution of criminal, civil and family law disputes; and

• Provision of transformed legal services advancing the interest of government and the people of South Africa.

1. INTRODUCTION

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2. DEPARTMENTAL PERFORMANCE REPORT

There are a number of challenges that the department has identified as critical issues that should be addressed in order to improve the administration of the department and service delivery. These are:

1. Addressing matters that result in a qualified report by the Auditor GeneralA detailed audit action plan has been put together to address the Third Party Fund qualification and all the audit findings that have been previously identified by the Auditor General. Monthly reporting against the progress on audit findings has been implemented for close monitoring of progress.

2. Addressing issues on the quality of performance informationThere are challenges with the department’s management of performance information. Addressing this challenge will assist the department to identify service delivery weaknesses and other challenges, and identify resources needed to address these challenges.

A number of initiatives that have been put in place include:• Implementation of policies and procedures to assist with effective management of performance

information;• Implementation of an electronic performance management system (Troux);• Implementation of the Barn Owl system to assist with the management of forensic, grievance and

disciplinary case information;• Increased focus on performance management by internal audit;

2.1 KEY DEPARTMENTAL CHALLENGES

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3. Critical spending pressures The department has identified spending pressures (slide 58) for the 2011/12 financial year. There has been initiatives put in place to reduce spending and channel the limited funds available to areas with urgent need. There is therefore a risk that departmental performance for the 2011/12 financial year might be affected.

4. Using Information technology as an enablerThe department is seeking opportunities to derive more value in the investment in IT. This initiative will likely lead to improvements in service delivery within the DoJ& CD and Justice Crime Prevention and Security Cluster partners (JCPS).

2.1 KEY DEPARTMENTAL CHALLENGES

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Key Policy Developments (AR 25-30)

During the year under review, the department made significant progress in the development of policies and pieces of legislation aimed at transforming the judicial system. The highlights are:

–Rationalisation of the Superior Courts:

The revised Superior Courts Bill and revised Constitution 17th Amendment Bill, as well as the Judicial Matters Amendment Bill, which, among others, establishes High Courts in Polokwane and Nelspruit, were approved by Cabinet. –Re-designation of Branch Courts into full services courts:

This is aimed at bringing justice closer to the people. Of the 90 branch courts, 15 were re-designed into proper courts. 4 branch courts in Gauteng, Limpopo and KwaZulu-Natal are in the process of re-designation.–Civil Regional Courts:

This is aimed at promoting judicial expertise of the magistrates through establishment of civil jurisdiction in the regional courts and designation of places of hearing of civil and divorce cases.•9 Registrars and 51 assistant Registrars were appointed to render case support at regional courts where civil and divorce matters are heard.•The Magistrate Court Act was amended to remove the requirement of the LLB degree as a requisite appointment of Regional Magistrates.

2.2 KEY POLICY DEVELOPMENTS

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Key Policy Developments (AR 25-30).

–Justice Crime Prevention and Security Cluster:

A JCPS Cluster Delivery Outcome was signed in October 2010, with a focus on the 8 outputs regarded as key interventions in the fight against crime.

A number of initiatives have been put together within the cluster, these include:

•Implementation of the Seven-Point Plan to identify the Criminal Justice System. A number of initiatives have been completed and detailed under performance information (slide 28)

•Departments under the JCPS cluster are addressing case backlogs through coordinated and prioritised efforts. Performance has been showed under slide 28.


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Protection and promotion of the rights of vulnerable groups (AR page 47,49)

The Department continued to interact with other departments within the JCPS Cluster to develop legislation, policies and programmes that are aimed at protecting and promoting the rights of children, the aged, the disabled, women, the poor and other disadvantaged groups.

• The Restorative Justice National Policy Framework was developed and approved by the Directors-General of the JCPS Cluster. A Communication Strategy on Restorative Justice was developed to form part of the National Policy Framework.

• Restorative Justice fact sheets and booklets were developed and disseminated to all regions as information tools to raise awareness and training initiatives. The Restorative Justice National Task Team developed a National Implementation Plan.

• The Trafficking In Persons Interdepartmental Implementation Plan, Inter-Departmental State of Readiness Report and the Costing Report have been finalised and submitted for consideration by the Portfolio Committee on Justice and Constitutional Development.


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2.3 OVERVIEW ON SERVICE DELIVERY

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COURT INFRASTRUCTURE: (AR page 32)

One of the objectives of the department is to extend access to justice services, and during the period under review, the following projects were completed:•Three new Court buildings: Ashton Periodical Court in Western Cape, Ekangala Magistrate Office in Mpumalanga and Hankey Magistrate Office in the Eastern Cape.•Additional accommodation for three courts: Stanger Magistrate Office in KwaZulu-Natal, Swellendam Magistrate office, Eastern Cape and Bredasdorp Magistrate Office, Western Cape.

2.3 OVERVIEW OF SERVICE DELIVERY

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MAGISTRATE’S OFFICE DESCRIPTION PROVINCETsakane Magistrate Office New Branch Court GautengKagiso Magistrate Office New magistrate’s Office GautengDanielskuil Periodical Court Additional accommodation Northern CapeSupreme Court of Appeal Additional accommodation Free StateThembalethu Magistrate Office Additional accommodation Western CapeKatlehong Magistrate Office New magistrate’s office GautengRiversdale Magistrate Office Additional accommodation Western CapeNtuzuma Magistrate Office New magistrate’s office Kwa-Zulu NatalPolokwane High Court New High Court LimpopoPietermaritzburg Masters Office Alternative accommodation Kwa-Zulu NatalSouth Gauteng High Court Additional accommodation Gauteng

Continuing infrastructure projects from 2010/11:

COURT PERFORMANCE: Case Backlogs (AR page 14)

•The case backlog project assists the department with speedy finalisation of cases. The Department funds appointment of magistrates, prosecutors, legal aid practitioners and other support staff.

•At the end of March 2011, there were 56 Regional and 16 District backlog courts and 17 026 cases removed from the backlog project. The department is currently working with the Judiciary and Prosecution to improve the current status.

•The table below shows the number of cases removed from the roll through the case backlog project during the period under review.


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Outstanding Cases and those removed through the Backlog Project as at 31 March 2011

Courts Outstanding cases Backlog cases % Backlog cases Backlog cases removed on backlog project

District courts 164 729 19 792 12.0% 8 915

Regional Courts 52 756 16 875 32% 8 111

High courts 1 175 367 31.2% 0

TOTAL 218 660 37 034 16.9% 17 026

COURT PERFORMANCE: Court Statistics (AR 15-23)

Court Statistics

• The statistics indicate that on average 1 673 high and lower courts sat, and finalised 331 045 cases with verdict and an average conviction rate of 88.7%. This indicates 5.7% reduction from 350 910 verdict cases finalised in 2009/10.

• 962 317 new cases enrolled and disposed of 535 429 cases, resulting in a positive clearance ratio of 2,7%.

• Positive also was the increase in usage of Alternative Dispute Resolution mechanisms (ADRM) (460 891 cases were finalised with 1.8% reduction from the previous financial year) .

• There was an increase of 9.5% of cases finalised through ADRM.

• Both lower and high courts maintained high conviction rates – High Courts: 87.8%; Regional Courts: 73.4%; District Courts: 90.7%.

• The number of cases withdrawn was reduced by 7.1%. This is due to implementation of improved screening processes.


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Criminal Courts:

• District courts finalised 420 607 cases consisting of 292 648 verdict cases (69.6%) and 127 959 ADRM cases (30.4%).

• Regional courts finalised 39 197 cases comprising of 37 310 verdict cases (69.8%) and 1 887 ADRM cases (4.8%).

• High court finalised 1 087 cases. A total of 1 050 criminal cases finalised through a trial at high court and 37 cases convicted by regional courts and transferred to the high court for sentencing.


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Courts 2009/10 2010/11

High Court 1 235 1 087

Regional Courts 40 962 39 197

District Courts 427 344 420 607

All Courts 469 541 460 891

Comparison of Criminal Cases finalised between 2009/10 and 2010/2011:


Civil Courts

During the period under review there has been a major increase in trials and judgments on

the civil courts across the country, notably from Gauteng and Western Cape. Currently,

the department is working on the data collection and verification method of civil cases.

2. 2 OVERVIEW OF SERVICE DELIVERY

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Civil Courts (Small Claims Courts)

During the period under review:•26 new Small Claims Courts and Advisory Boards were established;

•17 Inactive Small Claims Courts and 16 Inactive Advisory Boards were revived;

•229 Commissioners and 217 advisory board members were appointed;

•Guidelines for Commissioners and Clerks were finalised and distributed;

•104 Commissioners and potential Commissioners were trained;

•3 Official launch events were held for the launching of the Small Claims Courts; and

•Partnerships were formed with Legal Aid South Africa and the Law Society of South Africa.

Number of small claims cases load and cases handled in the last two financial years


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Year Old cases

New cases

Enquiries

Summons issued

Settlement

Withdrawn

Trials Granted

Dismissed

2010/11

63 435 89 030 84 386 50 472 11 395 5 025 35 181

26 720 6 063

2009/10

100 127 94 384 80 160 34 308 9 754 3 843 27 178

22 066 4 477


Civil Courts (Small Claims Courts)

During the period under review, there has been a reduction in the number of old cases within the Small Claims Courts, particularly in the Eastern Cape, Free State and Gauteng.

MASTER OF THE HIGH COURT PERFORMANCE:

• During the period under review, all 402 magistrate offices have been designated as service points of the Master of the High Court.

• Noticeable from the table below is the steady increase in the registration of new matters particularly on deceased matters.

• Service Delivery statistics of the Masters show that Master’s Offices comply with turnaround times stipulated:

- 93% of beneficiaries of the Guardian’s Fund received payments within 40 days (against

the target of 80%)

- 99.8% of estates files below < R125 000 were finalised within 4 months

- 99.3% of estate files > R125 000 were finalised within 12 months


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DECEASED CURATOR TRUSTS INSOLVENCIES

2009 2010 2009 2010 2009 2010 2009 2010

TOTALS 180 787 191 402 791 996 17 219 15 749 14 833 10 716

Number of cases handled at the Master’s Office

FAMILY ADVOCATES: (AR 22)

• During the period under review , The Family Advocate handled 10 640 new cases and finalised 9 074 cases.

• 59 regional courts have been designated to preside over civil matters affecting children’s welfare.


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2009/10 2010/11

New Cases 943110640

Finalised Cases 8267 9074Outstanding Cases 3957 5046

Number of cases handled by the Family Advocate

MAINTENANCE SERVICES (AR 47)

A number of initiatives were undertaken to improve the delivery of services within the maintenance and domestic violence area. These were:

• 27 additional maintenance investigators were appointed in response to the Service Delivery Improvement Plan;

• Specialised training for 270 maintenance officers and investigators was conducted through the Justice College;

• Transunion Credit Bureau (ITC) training for investigators was conducted in 4 provinces.;

• Integrated Case Management System (ICMS) was developed and piloted in Port Elizabeth and Pretoria. This system will assist with the determination of the turn-around time in finalisation of maintenance applications.

During the period under review, there was 33% increase in enquiries due to an increased awareness on maintenance services. There is also an improved compliance with court orders for maintenance shown by a 33% increase in payments through emolument.


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YearNew Applications Received

Enquiries Received

Attachment of Debt

Emolument Attachment Orders

Section 31 finalised

Orders by Default

Warrant of Execution

2010/11 185 232 337 665 1 912 32 468 22 401 9 598 2 059

2009/10 189 988 317 270 2 049 34 165 24 493 9 420 2 978

Maintenance statistics for 2009/10 and 2010/11

2.4 PROGRAMME PERFORMANCE AGAINST THE STRATEGIC PLAN

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PROGRAMME 1: ADMINISTRATION (AR 41)

The purpose of this programme is to manage the department, develop policies and strategies for the efficient administration of justice, and provide centralised support services.

Strategic Objectives :

• Improve corporate governance to comply with PFMA requirements;

• Manage priority projects aimed at internal control systems;

• Provide sound management of state resources;

• Expand justice infrastructure and service to people living in townships and rural areas;

• Provide strategic leadership to JCPS and strengthen oversight mandate;

• Increase public understanding of justice and demonstrate service delivery; and

• Intervene to protect victims from the impact of apartheid and crimes

2.4 PROGRAMME PERFORMANCE

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PROGRAMME 1: ADMINISTRATION

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

2010/11 financial year:

• Completion of approved audit plans by Internal AuditThe internal audit unit assists the department to identify areas of improvement in internal

controls. For the year under review, the unit succeeded in implementing 96% of approved audit plans, against the target of 80%.

• Staff awareness raising sessions on fraud and corruptionBesides the speedy finalisation of fraud and corruption cases, the department offers

awareness sessions to staff, and for the period under review, 29 staff awareness raising sessions conducted., against the target of 10. Over 400 members of staff attended these sessions.

• Training by Justice College5841 staff were trained in identified priority areas against the target of 4500. This included

prosecutorial courses (1531), Masters (353), Clerks of the Civil Court (335), Judicial training (829), Clerks of the Family Courts (1298) and leadership and management (456).


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Achievements

• Improvement in the departmental vacancy rateThe vacancy rate of the department decreased to 9.8 % against the 2010/11 target of 10%.

In addition 3 key senior management posts in the Office of the Chief Financial officer were filled.

• ICMS implementationFor the period under review, the Integrated Case Management System was rolled out to

478 lower courts and 12 High Courts against the target of 250 and 3, respectively. These systems assist the department to manage the flow of cases in our courts and other service points. The department is also considering to improve the operational efficiency of the system in the next financial year.

• Presidential Hotline casesDuring the period under review, 62.5% of new presidential hotline enquiries were finalised within 30 days against the target of 60%. Major progress has also been made in addressing backlog cases.

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Challenges

There are key areas where the department experienced performance challenges due to a number of factors.

These include:

• Finalisation of disciplinary , grievance and forensic cases

40% of disciplinary cases and 48% of grievance cases were finalised against the target of 60% and 70% respectively. For forensic cases, new cases were finalised within 6 months against the target of 2 months.

A new system (Barn Owl) has been installed and will be used to assist the department to handle these cases as well as forensic and misconduct cases).

• Qualification on irregular expenditure and Third Party Funds:

A detailed action plan has been put in place to address these qualifications in the next financial year. This includes compilation of credible financial statements, training in cash management, financially qualified staff deployed in key service points and implementation of new systems for maintenance payments.

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Challenges

• Audit findings on performance information

The department has a major challenge regarding the quality of performance information. Some of the initiatives to ensure better audit outcomes in 2011/12 include implementation of an electronic performance information management system (Troux) and implementation of policies and procedures to assist with effective management of performance information. A detailed action plan has been put in place to address these qualifications in the next financial year.

• Finalisation of outstanding TRC cases and supporting regulations

8 (1%) of the outstanding 875 beneficiaries were paid during the period under review. (against the target of 30%). An action plan has been put together to finalise TRC cases and regulations within the next two financial years . This includes the involvement of regional offices and using media. For the new financial year, progress has already been made, with over 100 beneficiaries paid .

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Performance tables for all indicators under programme 1 are shown on Attachment 1



Challenges

• Finalisation of security roll-outs project

7 court security installations were completed against the target of 127. Some of the challenges included heritage sites, lack of building drawings. A plan has been put in place to address the pace of the roll-out for the next financial year.

• Lost records

44% of lost records were reconstructed against the target of 100%. There were challenges experienced with the reconstruction of lost case records from existing digital recordings.

To address the source of the problem, an off-site record project has been implemented to store digital copies of case documentation which can be easily accessible in the event of the originals going missing. The project has been successfully implemented at the five courts and a total of 2 877 260 cases (75 million digitised pages).

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PROGRAMME 2: COURT SERVICES

The purpose of this programme is to facilitate the resolution of criminal, civil and family law disputes by providing accessible, efficient and quality administrative support to the courts and manage court facilities

Strategic Measurable Objectives (AR page 46):

• Review criminal and civil justice systems;• Ensure qualitative and timely justice services;• Provide sound administrative support and guidance to regional offices to enable effective and

efficient delivery of justice services to the communities;• Improve the delivery of services to comply with Batho Pele Principles;• Protect and promote the rights of vulnerable groups (children. Women, the aged, the poor and

the disabled); and• Promote Constitutional Development and strengthen participatory democracy to ensure

respect for fundamental human rights.

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PROGRAMME 2 : COURT SERVICES

Achievements (AR 46)

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

• Finalisation of family law cases64% of family cases involving children’s matters were finalised during the period under review, against the target of 50%. This despite the increased workload as a result of the designation of 59 regional courts to hear children's matters.

• 7-point plan interventions60% of the identified interventions of the 7-point plan of the criminal justice system were finalised in line with the annual target. These interventions include pre-screening protocol for case readiness, and improved co-ordination between the NPA and the Legal Aid South Africa, Regional Court Protocols, capacitation in Forensic Chemistry laboratories and Intersectoral Case Flow Management guidelines.

• Case backlogsThe number of cases removed from the case backlog was increased to 15 403, against the target of 14 815.

• Capacitation of the Office of the Chief JusticeDuring the period under review, the department assisted with the formation of the newly established Office of the Chief Justice by providing staff. By the end of the year, 5 key staff were appointed in line with targets.

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PROGRAMME 2: COURT SERVICES

ChallengesThere are areas where the department experienced performance challenges due to a number of factors. These include:

•Case finalisationThere was a 0% increase in finalisation of lower court criminal cases (against the annual target

of 2% increase). This matter is under consideration within the JCPS cluster .

Performance measurements for diversions and admission of guilt indicators have been a challenge and further strengthening of processes to ensure more accurate data recording is

under investigation.

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PROGRAMME 3: STATE LEGAL SERVICES (AR 61)

The purpose of this programme is to provide legal and legislative services to government, supervise the administration of deceased and insolvent estates, administration of the Guardian’s Fund, prepare and promote legislation and undertake research in support of this.

Strategic Measurable Objectives :

• Promote constitutional development and strengthen participatory democracy;

• Improve provision of legal services to state organs;

• Administer deceased and insolvent estates, the Guardian’s Fund, Trusts and curatorship; and

• Develop and promote legislation.

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Achievements

In respect to the objectives of this programme, the following were achieved:

• Turnaround times in the Masters services:- 93% of beneficiaries of the Guardian’s Fund received payments within 40 days,

(against the target of 80%)

- 99.8% of estates files below < R125 000 were finalised within 4 months, and

- 99.3% of estate files > R125 000 were finalised within 12 months.

• Counsel Briefings69% of the value of counsel briefs were awarded to previously disadvantaged individuals and firms, against

the target of 65%. Of the 2210 cases finalised, 757 (34%) were won, 659 were lost (30%) and 794 (36%) were settled.

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PROGRAMME 3: STATE LEGAL SERVICES

• Legislative Development : (AR page 57, 62)During the year under review various substantive Bills as well as subordinate legislation and Rules of Court were dealt with.

15 bills were drafted for further deliberations in Parliament, against a target of 12. These were:

–Superior Courts Bill – Extradition Bill–Constitution Seventeenth Amendment Bill – Judicial Matters Amendment Bill–Muslim Marriages Bill – Constitution Eighteenth Amendment Bill

(education)–Legal Practice Bill – Prevention and Combating of Torture Bill–Magistrates’ Courts Amendment Bill – Criminal Procedure Amendment Bill –Sheriffs Amendment Bill – Executive Members’ Ethics Amendment Bill–State Liability Amendment Bill – Justice Administered Fund Bill–Regulation of Interception of Communications and Provision of Communication-related Information

Amendment Bill

In addition, 48 subordinate legislation (against the target of 14) , 18 research papers (against the target of 15) and 10 rules/amendments to rules were dealt with.

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Achievements:

• Human Rights and Participatory Democracy ProgrammesThe department has received funding to the value of 25 million Euros from the European Union in support of participatory democracy and promotion of human rights. Success achieved through this funding includes:

• Capacitation of 183 community based organisations to offer para-legal services such as legal advice, interpretation of laws and policies and accessing of state services.

• Establishment of 18 community advice centres , where there was a need for such centres• 10413 asylum seekers, refugees and migrants were assisted.

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Challenges

There are areas where the department experienced performance challenges due to a number of factors. These include:

• Reduction in legal costsThe legal costs incurred by the department increased by 9% during the year under review,

against a target of a 25% decrease. A number of key activities , which include alternative dispute resolution, renegotiation of legal fees, use of state attorneys in the courts , have been identified.

• Reduction in the turnaround time for legal opinion60% of legal opinions were finalised within the 21 days stipulated against a target of 100%. The

Office of the Chief State Law Advisor has put a plan in place to maximise existing capacity in order to improve this service.

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3 FINANCIAL REPORT

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2010/11 2009/10 2008/09

Final Budget 8,278,111 7,538,269 6,403,716

Less

Expenditure 8,189,658 7,514,440 6,302,176

Balance 89,153 13,829 41,540

Percentage Expenditure 98,9 99,8 99,4

3.1 BUDGET AND EXPENDITURE OUTCOME (R’000)

Expenditure outcome per Programme: DOJ&CD

Budget Expenditure % Expenditure

'000 '0001 697 384 1 692 905 99.7%3 957 308 3 912 670 98.9%

670 842 670 842 100.0%1 953 277 1 913 241 98.0%

1 116 355 1 116 355 100.0%114 082 114 082 100.0%74 368 74 268 99.9%

171 089 171 089 100.0%8 278 811 8 189 658 98.9%

Budget Expenditure % Expenditure

644 080 644 080 100.0%1 285 790 1 266 150 98.5%1 929 870 1 910 230 99.0%

Special Investigating Unit

Of which:

South African Human Rights

Total Direct ChargesMagistrates' salariesJudges' salaries

Total Vote

Legal Aid South AfricaPublic Protector

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

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3.1 BUDGET AND EXPENDITURE OUTCOME

Budget R'000

Expenditure R'000

Percentage Actual Spend

Available Funds R'000

BUDGET Current payments Compensation of employees 3 134 367 3 134 367 100.0% 0Interest and rent on land 4 719 4 719 100.0% 0Goods and services 2 831 113 2 756 973 97.4% 74 140Total current payments 5 970 199 5 896 059 98.8% 74 140Transfers and subsidies to:Depart. Agencies & accounts/Municipalities 1 578 469 1 573 989 99.7% 4 480Foreign Gov and International Organisations 6 343 6 343 100.0% 0Gifts and donations 4 4 100.0%Households 14 662 14 662 100.0% 0Total Transfers and Subsidies 1 599 478 1 594 998 99.7% 4 480Payments for capital assets Buildings and other fixed structures 542 493 542 493 100.0% 0 Machinery, Equipment and Motor Vehicles 148 465 137 932 92.9% 10 533Financial transactions in Assets 14 505 14 505 Software and other intangible assets 3 671 3 671 100.0% 0Total payments for capital assets 709 134 698 601 98.5% 10 533

8 278 811 8 189 658 98.9% 89 153

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Expenditure per Economic Classification


Key Observations on Departmental spending: 2010/11 Financial year

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• Maintained overall departmental spending – expenditure of 98.9 % compared to 99,8 % in 2009/10.

• The major reason for under spending is earmarked amounts for IJS modernisation programme (R40,036 million) and suspension of the PPP for Moneys in Trust (R44,63 million ). Earmarked funding can’t be utilised for other purposes as prescribed in the PFMA.

• Spending on compensation of employees at 100 % of parliamentary approved budget.

• Goods and services spending at 97,4 % mainly due to the earmarked allocations.

• Increased capital spending of R542 million against an originally approved budget of R479,7 million.


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3.2 AUDIT OUTCOME

• Vote – Qualified• Guardians’ Fund – Unqualified• President’s Fund – Unqualified

• CARA – Unqualified

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3.2 AUDIT OUTCOME 2010/11

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Vote Account – Basis for Qualification

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• Third Party Funds (TPF) – the AG could not rely on the adequacy of the fund’s financial and control system in relation to

- Departmental Revenue, - - Contingent Liability and Provisions note and - Revenue Receivables.

• Irregular expenditure of R81 million – Completeness. The department did not have an adequate system for identifying and recognizing all irregular expenditure.


Key Initiatives To Achieve NAQ

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

Comprehensive National Audit Action Plans supplemented by regional Audit Plans on

identified audit risk areas

Establishment of Internal Control Component for expenditure assessment and monitoring ,

adherence to financial prescripts and reporting

Additional human resource capacity in supply chain and asset management

Task team/s deployed in Regions for training and technical guidance focussed on

compliance, Asset Management, irregular expenditure and supply chain management

practices

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• Enhancing departmental policies and prescripts – 3 quotations, delegations, tax

compliance of service provider.

• Monthly progress reporting to Executive management on status of implication of

approved audit action plans.

• Quarterly Financial Statements preparation – these statements are then quality review

by the senior manager in financial reporting services. Exceptions are investigated and

followed up.

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Key Initiatives To Achieve NAQ


Key initiatives to conclude credible financial reporting for Third Party Funds

• Baseline Financial reporting AFS for 2009/10 and 2010/11– In Progress with due date end of October 2011.

• Skills Assessment – Concluded skills assessment for 249 Officials working in the TPF environment.• Training and staff development – training programme launched in all regions (for a period of 9

weeks during October and November ) for finance personnel and court management (area) and Directors of Court Operations. Compressive training manuals and workbooks developed for TPF training.

• Interim AFS for 2012 – In Planning Phase – January 2012.• AFS 2012 – April 2012.• Systems review – To advise on the future operating model of TPF. Treasury approval were obtained

for development/procurement of new system.

Additional measuresInternal control - Enhanced controls on cash management and payouts – Already completed EFT

deployment to 35 offices (against a target of 60 for 2011/12).

Additional capacity deployment – funding secured for 45 accounting and technical personnel to oversee and manage the TPF function at regional level.

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3.3 DOJ&CD 2012 MEDIUM TERM EXPENDITURE FRAMEWORK

Justice and Constitutional Development Contribution

• The Department and its associated entities mainly contributes to Government’s Outcome 3 – All people in South Africa are and feel safe.

• This is supported by our Vision - A transformed and accessible justice system, which promotes and protects social justice, fundamental human rights and freedoms.

• The key mandate of the Department is to support the administration of justice and uphold the Constitution

• The Department aims to fulfil its mandate and its contribution to Outcome 3 with its four Strategic Goals

– Increased accountability, effectiveness and efficiency of the Department.– Improved effectiveness and efficiency in the delivery of justice services.– Transformed legal services to protect and advance the interest of government and

citizens and promote constitutional development is promoted.– Effective coordination of the JCPS cluster in the delivery of Outcome 3 .

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Indicative MTEF Budget Allocations: Year On Year Growth

2011/2012

‘000

2012/2013

‘000

2013/2014

‘000

2014/2015

‘000

Vote Budget

Direct Charges

Total MTEF

Year On Year Growth

11,413,491

2,104,162

13,517,653

12,674,262

2,401,870

15,076,132

11,5%

13,409,263

2,575,723

15,984,986

6,0%

14,213,819

2,730,266

16,944,085

6,0%

Growth in 2012/2013 driven by increased provisions for appointments of judges and magistrates, carry through cost of salary increases , planned IT upgrades and funding for building of 2 high courts.


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Indicative Budget Allocation Per Programme After Reprioritisation

2011/12 2012/13 2013/14Original Medium-term estimatesestimate MTEF Baseline

1. Administration 1 625 180 1 742 502 1 831 658 2. Court Services 4 341 664 5 097 478 5 410 137 3. State Legal Services 750 652 767 152 806 128 4. National Prosecuting Authority 2 640 257 2 770 725 2 914 600 5. Auxiliary and Associated Services

2 055 738 2 296 405 2 446 740

Total for programmes 11 413 491 12 674 262 13 409 263 Direct charge against the National Revenue Fund

2 104 162 2 401 870 2 575 723

Judges' salaries 504 908 729 847 781 656 Magistrates' salaries 1 599 254 1 672 023 1 794 067

Departmental total 13 517 653 15 076 132 15 984 986


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Budget Allocations Per Economic Classification

Programme 2011/12 2012/13 2013/14 2014/15Economic classification '000 '000 '000 '000Current payments 8 916 102 9 757 881 10 303 306 10 923 931 Compensation of employees 5 614 048 6 023 326 6 349 850 6 697 541 Goods and services 3 292 474 3 725 794 3 944 369 4 216 941 Interest (Incl. interest on finance leases) 9 580 8 761 9 087 9 449 Transfers and subsidies 1 704 019 1 819 290 1 938 230 2 054 505 Provinces and municipalities – 270 286 302 Departmental agencies and accounts 1 662 239 1 778 542 1 895 785 2 009 531 Public corporations and private enterprises – – – –Foreign governments and international organisations4 955 5 203 5 489 5 818 Non-profit institutions – – – –Households 36 825 35 275 36 670 38 854 Payments for capital assets 792 888 1 097 091 1 167 727 1 235 383 Buildings and other fixed structures 614 308 951 045 1 000 089 1 060 094 Machinery and equipment 178 510 144 878 166 487 174 131 Cultivated assets – – – –Software and other intangible assets 70 1 168 1 151 1 158 Land and subsoil assets – – – –Payments for financial assets 482 – – –

2 104 162 2 401 870 2 575 723 2 730 266

Total 13 517 653 15 076 132 15 984 986 16 944 085 11.5% 6.0% 6.0%

Indicative Medium-term allocation

Year on Year Growth

Direct Charges


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Growth In The Resourcing Of Independent BodiesVOTE 22: JUSTICE AND CONSTITUTIONAL DEVELOPMENT (JUSTICE AND PROTECTION SERVICES)

2011/12 2012/13 2013/14 2014/15Economic classification '000 '000 '000 '000

Transfer payments 1 655 614 1 771 608 1 888 469 2 001 777 7%

South African Human Rights Commission

89 066 99 536 106 786 113 193 8%

Special Investigating Unit 193 620 202 810 218 504 231 615 6%

Legal Aid Board 1 126 057 1 203 316 1 280 238 1 357 052 6%

Public Proctector 142 889 156 765 167 755 177 820 8%

President’s Fund 1 1 1 1

Represent Political Party Fund 103 981 109 180 115 185 122 096 5%

Year on Year Growth 7% 7% 6%

Indicative Medium-term allocation

Annual averag


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Reduced Budget Allocations… Doing More With Less…

Reducing budgets …. but expected to absorb inflationary pressures and still expand services . The impact is essentially on operational funding with the personnel operational cost ratio now at 78:22.

2010/2011‘000

2011/2012‘000

2012/2013‘000

2013/14‘000

2009 MTEF

2010 MTEF

2011 MTEF

Total Cuts

R237m

R195m

R432m

R251m

R230m

R147m

R628m

R264m

R305m

R155m

R724m

R280m

R323m

R163m

R766m


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Saving Measures And Reprioritisation

• Curtailment of expenditure on non-essential goods and services through a circular that is re-issued annually putting restrictions in place on spending with regard to travel, subsistence, catering, non essential equipment, inventory and venues and facilities.

• In the baseline reprioritization the Department ensured that any available funds were channeled towards core services items including but not limited to Security Services, Sherriff fees, Translation and Transcription, Witness and Assessors fees as well as any other items essential to service delivery in the Courts.

• Funds were furthermore made available to enhance court document management, Digital Court Recording System replacement, language services (Court records in all official languages) and increased capacity in financial management in the regions.


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Facilities Management

• The accommodation needs of the Department has increased over the past decade as more services are required to increase access to justice service to more citizens and the expansion of personnel establishments (court personnel, prosecutors and judicial officers.)

• Increased accommodation also increased the budgetary requirements for municipal rates and taxes.

• Over the past five years the increases on building costs, office rental, water electricity and municipal taxes has on average increased with between 12 and 15 percent in real terms. The budget allocation has however increased with just more than 6 per cent over the past MTEF period thus putting further strain on the capital and office accommodation budget.

• The current estimated shortfall (2011/12) inclusive of capital works and property management amounts to R559 million (Leases R99 million, Rates and Taxes R35 million and Capital works R425 million).


Functions And Budget To Move To OCJ

• Negotiations needs to be concluded on services that should move to the OCJ.

• The current budget in the Office of the Chief Justice makes provision for expenditure relating to

- Constitutional Court

- SAJEI ,

- Judicial Services Commission

- International travel of Judges and Magistrates.

• The current baseline from 2012/13 onwards for this office amounts to R123,032,000, R125,545,000 and R130,142,000.


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Critical In Year (2011/12) Budget Pressures

58


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National Treasury Supported Bids For Additional Funding : MinCombud Cabinet Considerations

Bid description 2012/13 2013/14 2014/15 TOTAL

R'000 R'000 R'000 R'000

Infrastructure bid of which 1,200

Maintenance and Rehabilitation Programme 200 200 200 600 Provision of Facilities for people with disabilities 150 200 250 600

Security Services including Cash in Transit 100 100 100 300

PPP - Constitutional Hill and Justice Precinct 40 200 240

TOTAL 490 500 750 1,740


Despite the challenges faced by the department during the period under review, the Annual Report tabled provides insight into the achievements of the department, corrective measures to address the challenges indicated and the prospects for the future as we strive for justice for all.

We would like to take the opportunity to thank all stakeholders and partners, both in and outside government, for their support as we promote the concept of justice in a manner that enhances our constitutional democracy, and improves the wellbeing of all our people.

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4. CONCLUSION

THANK YOU

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ATTACHMENTS

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Attachment 1: Detailed Programme Performance information

portfolio committee on justice and constitutional development

Documents

administration of justice

protectssocial justice

programme performance

accountable justice

accessible justice system

efficient justice services

constitutional values

number of challenges