strategic plan 2017, subtitle of presentation...
TRANSCRIPT
TITLE OF PRESENTATION
SUBTITLE OF PRESENTATIONStrategic Plan 2017,
Annual Performance Plan 2014 &
Budget 2014
Briefing of Portfolio Committee of Justice
1
2
CONTENT
Briefing of PC: Justice (July2014)
1. Background
2. Strategic Plan 2012-17:Review 2014-2015
3. Annual Performance Plan 2014/15
4. Budget 2014/15
5. Concluding Comments
Background: mandate
Legal Aid SA derives its mandate from the Constitution of the Republic of
South Africa (Act 108 of 1996), the Legal Aid Act (Act 22 of 1969 as
amended) and other legislation. Constitutional Mandate
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; …”
Legislative Mandate
“To provide for legal aid for indigent persons and for that purpose to establish
a Legal Aid Board and to define its functions; and to provide for incidental matters.”
Briefing of PC: Justice (July2014) 4
Background: Legal Framework
The Legal Aid Act has been through a review process and a new Legal
Aid Bill was approved by Cabinet for Tabling in Parliament.
We are advised that the Ministry has requested the new Bill to be added
to the 2014 Parliamentary Programme.
Legal Aid SA complies with the requirements of the Public Finance
Management Act (Act 1 of 1999) and is a Schedule 3A National Public
Entity in terms of the PFMA.
Legal Aid SA is governed by a Board of Directors (Accounting Authority)
which is accountable to the Executive Authority, that is, the Minister of
Justice and Correctional Services.
Briefing of PC: Justice (July2014) 5
Background: Board of Directors
The Board is responsible for providing strategic direction and leadership,
ensuring good corporate governance and ethics, managing risk and
materiality limits, financial sustainability and determining policy.
The Board composition is determined by the Legal Aid Act and allows for
the appointment of 18 board members. The appointment of board
members is dependent on the Minister of Justice and Correctional
Services.
The Legal Aid Bill proposes that the number of non-executive directors
appointed to the Board is reduced to 10. Once the Bill is passed the entire
Board will become transitional for a period of a year and the new Board
would have to be appointed during that period. The new Board will
comprise of 10 non-executive members and 4 executive members.
Board and Board Committee meetings are convened quarterly and at
these meetings management reports on compliance with policy and its
achievement against objectives. Strategic and policy decisions are made
by the Board at these Board meetings.
Briefing of PC: Justice (July2014) 6
Background:
Context within which legal aid is delivered
The socio-economic challenges of South Africa require the application of
an inclusive social justice which includes the right of access to legal
representation. In particular the rights of children in section 28 of the
Constitution are not limited.
Legal Aid SA clients are those affected by poverty and unemployment.
Women, children and people with disabilities remain especially vulnerable
to poverty. Government is committed to eradicating poverty as can be
seen by NDP.
Legal Aid Guide 2014 provide for those who qualify for legal aid in terms of
the means test, however those who do not qualify may in some instances
not be able to afford private legal representation. The groups which are
affected include: the working poor (those who are employed but receiving
low income).
Briefing of PC: Justice (July2014) 7
Background: Legal Aid SA National Footprint
Legal Aid SA structure and its footprint comprises 64 Justice Centres and
64 Satellite Offices country-wide. It has potential clients in urban and rural
areas, informal and semi-urban areas. The rural poor clients generally
struggle to access services because of vast distances, poverty/lack of
income to travel to services, lack of education/knowledge of their rights.
Legal Aid SA’s staffing establishment (budgeted posts) as at end of
Financial Year 2013/14 was 2, 707.
Total recruited staff at end of Financial Year 2013/14 was 2,586 (96%)
with recruited legal personnel (including paralegals) at 2,039 (79%).
Total staff turnover rate (excluding CAs & temporary/ contract staff) at end
Financial Year 2013/14 was about 6%
Briefing of PC: Justice (July2014) 8
Strategic Plan 2012-2017
2014/15 is the 3rd year of the 5-year Strategic Plan period 2012-2017.
Current NT Guidelines do not require an annual review of the Strategic
Plan; A brief review was done at the time of the preparation of the Annual
Performance Plan 2014/15.
An update of data was incorporated for the environmental analysis; The
major significant change over the year was the increasing reality of the
economic recession and the potential budget cuts from National Treasury;
Further the North Gauteng High Court ordered Legal Aid SA to provide
legal funding to the applicants in the Marikana Commission of Inquiry and
this has implications for the sustainability of Legal Aid SA.
The Outcomes and Strategies remain the same and no new Strategies
were added for the 2014/15 FY. A shift in focus was from expansion of
services/projects to maintenance of services/projects.
Legal Aid SA is currently developing a new Strategic Plan 2015-2020, to
align to the term of Government.
Briefing of PC: Justice (July2014) 10
Vision and Mission
Briefing of PC: Justice (July2014) 11
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.
Mission
• To be a leader in the provision of accessible, sustainable, ethical, independent and quality legal services to the poor and vulnerable.
Values
• Passion for Justice
• Ubuntu
• Integrity
• Accountability
• Service Excellence
• People Centred Development
Strategic Plan 2012-2017 – Outcomes
Outcome 1:Quality justice for all, focusing on the poor
and vulnerable.
Outcome 2: Respected, high performance, sustainable,
accessible public entity impacting positively on society,
the economy and the environment.
Briefing of PC: Justice (July2014) 12
Client & Community
I. Delivering client-focused legal aid, including to vulnerable groups, in criminal
matters within budget constraints.
II. Delivering client-focused legal aid, including to vulnerable groups, in civil
matters within budget constraints.
III. Delivering client-focused primary legal aid services.
IV. Delivering client-focused Impact legal aid services.
V. Developing new and alternative methods of increasing access to justice
(developing new methods will have to be reviewed depending on budget).
VI. Contributing to the effective functioning of the justice and legal sector.
VII. Implementing community education/ outreach programmes.
VIII. Forging stakeholder partnerships to jointly increase access to justice.
IX. Accounting to the DoJ and Parliament on delivery of mandate, governance
and sustainability.
Strategic Plan 2012-2017 – Strategies
Briefing of PC: Justice (July2014) 13
Annual Performance Plan 2014-15
The Annual Performance Plan (APP) for 2014/15 continues
implementation of the 3rd year of the Strategic Plan 2012/17.
With minimal changes to the SP and no additional strategies for the
2014/15 FY, the Programmes for the FY remain the same.
With the budget cuts of the FY (2012/13) and minimal additional funds
for the FY (2013/14) the focus is on maintaining existing programmes
and projects.
We continue to undertake a few pilot projects for the purpose of
informing additional services when funds are available or in refocusing
certain projects.
In this presentation we focus on shift in targets from the past to the
current FY to indicate the planned performance.
We discuss key programmes and projects and the planned outputs to
be achieved in the FY to give members of the PC a feel for the nature
and extent of the work as well as how it delivers on our mandate.
Other Programmes & Projects are detailed in the APP document.
Briefing of PC: Justice (July2014) 15
Strategy I Delivering Client focused legal aid, including to vulnerable groups, in
criminal matters
Programme 1To deliver (increase access) quality criminal legal services that are client
focused
Project 1-1 Criminal Court coverage
Outputs All criminal courts covered (by legal-aid)
Base Year
performance 2011
Coverage of Courts:
DCs: 83%; RCs: 96%; HCs: All LA matters
Actual Y1 2012/13Coverage of Courts:
DCs: 87%; RCs: 98%; HCs: All LA matters
Target Y2 2013/14
Coverage of Courts:
DCs: ≥85%;
RCs: 100%
HCs: All LA matters
Target Y3 2014/15
Coverage of Courts:
DCs: ≥85%;
RCs: 98%
HCs: All LA matters
CommentEnsure all criminal courts in the country are serviced by legal aid and the
number of unrepresented accused are reduced.
16Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy I Delivering Client focused legal aid, including to vulnerable groups, in
criminal matters
Programme 1 To deliver (increase access) quality criminal legal services that are client focused
Project 1-2 Children Awaiting Trial (CAT)
Outputs All Children in criminal courts tracked and represented
Base Year
performance 2011CAT programme in place
Actual Y1 2012/13282 CAT in custody individually tracked by Legal Aid SA.
52 CAT in custody >1 month pending at the end of the financial year;
Target Y2 2013/14 CAT in custody >1month represented & individually tracked monthly
Target Y3 2014/15 All CAT requiring legal aid > 1 month represented & individually tracked monthly
CommentEnsure all children in conflict with the law have legal representation and are tracked
individually if they are in custody for > 1month.
17Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy I Delivering Client focused legal aid, including to vulnerable groups, in
criminal matters
Programme 1 To deliver (increase access) quality criminal legal services that are client focused
Project 1-3 Reducing Case Backlogs
Outputs All pending matters exceeding the turnaround times monitored
Base Year
performance 2011
Case turnaround times:
16% DC cases > 6 months;
27% RC cases > 9 months;
40% HC cases > 12 months (excluding appeals matters)
Actual Y1 2012/13Case turnaround times: 12% DC cases > 6 months; 28% RC cases > 9 months;
52% HC cases > 12 months (excluding appeals matters)
Target Y2 2013/14
Case turnaround times:
< 20% DC cases > 6 months;
< 25% RC cases > 9 months;
< 30% HC cases > 12 months (excluding appeals matters)
Target Y3 2014/15
Case turnaround times:
< 20% DC cases > 6 months;
< 25% RC cases > 12 months;
< 30% HC cases > 18 months (excluding appeals matters)
CommentEnsure speedy finalisation of cases. This project cross-references with
P8-1 the Case Backlog Project dealing the DoJ case backlog courts
18Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy II Delivering Client focused legal aid, including to vulnerable groups, in civil
matters within budget constraints
Programme 3 To deliver (increase access) quality civil legal aid services that are client focused
Project 3-1 Access to civil legal aid
Outputs Civil clients assisted within available capacity
Base Year
performance 2011Total Civil matters = 31,451
Actual Y1 2012/1355,277 new civil matters. This represents a 19% growth over the previous financial
year.
Target Y2 2013/14 10% growth in civil matters per annum
Target Y3 2014/15 100% of practitioner case target
Comment
The civil legal aid programme is dependent on available budget. Increased
capacity in past few years has allowed for an increase in number of clients assisted
in civil matters. However, with limited additional funding being made available, it is
unlikely that civil matter will grow significantly.
19Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy III Delivering Client-focused primary legal services
Programme 4 To deliver (increase access) quality legal advice services that are client-focused
Project 4-1 Legal Advice capacity
Outputs Increased general advice service provided at all offices
Base Year
performance 2011
Legal Advice matters = 234 693
Call Centre Calls = 13 926
Actual Y1 2012/1317% growth (297 835 consultations) in legal advice matters over previous financial year;
Call Centre Calls = 44,247
Target Y2 2013/145% growth in legal advice matters per annum
10% growth in telephone legal advice matters per annum
Target Y3 2014/155% growth in legal advice matters per annum
10% growth in telephone legal advice matters per annum
Comment
The Legal Advice service provides first level advice to clients and assists them to address
legal problems that do not require litigation. The Call Centre assists in reaching clients in
rural areas who are not able to visit our 128 offices for advice and guidance on legal
problems.
20Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy IV Delivering Client-focused Impact legal aid services
Programme 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
Project 5-1 Legal action through the Impact Litigation Unit (ILU), class actions etc
Outputs Implement ILU Strategic Plan
Base Year
performance 2011
1. Impact Unit – 8
2. Justice Centres – 12
3. External Service Providers – 14
Actual Y1 2012/1318 New Impact matters
Target Y2 2013/14 10% Increase in new Impact matters per annum
Target Y3 2014/15 ILU Strategic Plan Implemented
Comment
The Impact Litigation programme seeks to give content to the rights contained in
our constitution in class actions and precedent setting litigation. The Unit has
been effective in addressing these rights successfully.
21Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy VIII Forging Stakeholder Partnerships to Jointly Increase access to justice
Programme 16 Increasing co-operation with and accountability to stakeholders
Project 16-1 Stakeholder Relationship Management at local level
Outputs Stakeholder engagement programme implemented as planned annually
Base Year
performance 2011Stakeholder Relationship Management Matrix developed in 2010/11
Target Y1 2012/13
Performance Y1
2012/13
Stakeholder engagement programme implemented as planned annually
Target Y2 2013/14Stakeholder engagement programme implemented as planned annually
Comment
Stakeholder Engagement include the JCPS government cluster groups at
national, regional and local levels, law clinics and cooperation partners, the
media, international bodies with focus on the African continent, NGOs and CBOs
as well as Tertiary Institutions with interventions including consultations,
partnerships, information sharing and communication.
22Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy VIII Forging Stakeholder Partnerships to Jointly Increase access to justice
Programme 10 Increasing co-operation with and accountability to stakeholders
Project 10-1 Stakeholder Relationship Management at local level
Outputs Stakeholder engagement programme implemented as planned annually
Base Year
performance 2011Stakeholder Relationship Management Matrix developed in 2010/11
Actual Y1 2012/13 Stakeholder engagement programme implemented as planned annually
Target Y2 2013/14 Stakeholder engagement programme implemented as planned annually
Target Y3 2014/15 Stakeholder engagement programme implemented as planned annually
Comment
Stakeholder Engagement include the JCPS government cluster groups at
national, regional and local levels, law clinics and cooperation partners, the
media, international bodies with focus on the African continent, NGOs and CBOs
as well as Tertiary Institutions with interventions including consultations,
partnerships, information sharing and communication.
Strategy VIII Forging Stakeholder Partnerships to Jointly Increase access to justice
Programme 11 Supporting developing legal aid agencies (within and outside the country)
Project 11-1Implement a programme to support the advancement of legal aid in developing
countries
OutputsSupport provided and knowledge shared with countries with developing legal aid
systems
Base Year
performance 2011Not Applicable
Actual Y1 2012/13 11 Delegation from other countries were hosted
Target Y2 2013/14 4 Interventions per annum
Target Y3 2014/15 4 Interventions per annum (subject to requests by outside delegations)
CommentThis programme seeks to share Legal Aid SA’s knowledge and experience with
countries that are seeking to develop and improve their legal aid systems.
23Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy IX Accounting To The DoJ And Parliament On Delivery Of Mandate,
Governance And Sustainability
Programme 12To account and provide assurance to DoJ and parliament on performance and
governance
Project 12-1 Reporting and accountability to shareholder/ Executive Authority
Outputs
i. 4 Quarterly performance reports
ii. 1 Annual Report
iii. Reporting to and briefing of Parliamentary Committees
iv. Responses to questions from Parliament
Base Year
performance 2011
Reporting and accountability to the Executive Authority and statutory compliance
maintained at 100%
Actual Y1 2012/13 100% compliance was achieved
Target Y2 2013/14Reporting and accountability to the Executive Authority and statutory compliance
maintained at 100%
Target Y3 2014/15Reporting and accountability to the Executive Authority and statutory compliance
maintained at 100%
Comment
To account on compliance with Legal Aid Act and PFMA and other legislation as
well on performance on our mandate to deliver legal aid services to indigent
persons.
24Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy X Maintaining Financial Sustainability
Programme 14 Compliant and best practice financial reporting
Project 14-1 Financial Reporting
OutputsCompliant financial reports delivered annually
Unqualified audit report by AG's office
Base Year
performance 2011
Level of financial reporting compliant with best practice annually
Fully compliant Annual Financial Statements in accordance with GRAP, IFRS in
place
Performance Y1
2012/13
Annual and Mid year Financial Statements reporting compliant with applicable
prescripts and best practices
Annual Financial Statements submitted to National Treasury and Auditor General
timeously with no material adjustments. Unqualified audit report from AG’s office.
Target Y2 2013/14Annual and Mid year Financial Statements reporting compliant with applicable
prescripts and best practices
Target Y3 2014/15 Annual and Mid year Financial Statements reporting compliant with applicable
prescripts and best practices. Unqualified audit opinion with no matter of emphasis
Comment
Legal Aid SA continues to research and network with professional bodies to keep
abreast with latest developments on financial reporting standards.
Ensure sound financial management and practices across the National Footprint to
deliver an unqualified audit.
25Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XI Increasing Sustainable (Non-financial) performance
Programme15
16
Improve and maintain Risk Management to optimum maturity level
Maintain Fraud Management Practices
Project 15-1
16-1
Continuous Learning and improvement through Risk Management
Fraud Management Plan
Outputs
Annual Review of Risk Management Strategy
Annual Review of Materiality Framework, Risk Portfolio, Appetite & tolerance limits
Risk management assessment
Annual review of Fraud Prevention Strategy and annual review of Fraud Prevention Plan
Base Year
performance 2011
Risk Management Policy and Strategy, Materiality Framework, and organisational risk mitigating
measures implemented in full across the organisation
100% compliance with Fraud Prevention Measures by all business units
Actual Y1 2012/13The Risk Management Policy and Materiality Framework were approved by the Board.
The strategic risks and organisational risks were reviewed.
The Fraud Management Plan was revised and approved by the Board.
Target Y2 2013/14
Revised Risk Management Policy and Strategy Document
Revised Strategic Risks and
Organisational Risk Universe defined
Annual Fraud Prevention Strategy and Annual Fraud Prevention Plan implemented
Target Y3 2014/15
Revised Risk Management Policy and Strategy Document
Revised Strategic Risks and
Organisational Risk Universe
Annual Fraud Prevention Strategy and Annual Fraud Prevention Plan implemented
Comment
Managing Risk is critical to sustainability. Reviewing risks at all levels in the organisation
and putting in place mitigating measures to manage risk is undertaken to ensure the
organisation is able to perform optimally and organisational objectives are realised. 26Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XII Maintaining and Enhancing Good Governance
Programme
17
18
Ensure best governance practice, King III guidelines, compliance with PFMA and other
statutory requirements
An effective and strategic board providing leadership and oversight of delivery on
performance
Project 17-1
18-1
Governance, King III guidelines, PFMA and other statutory requirements
An effective and strategic Board
OutputsQuarterly PFMA and statutory compliance reports
Board meetings attendance and Board Succession Plan
Base Year
performance 2011
100% compliance with statutory requirements including Legal Aid Act & PFMA
>95% implementation (or explain non-implementation) of King III
Board properly constituted and functioning effectively with all meetings quorate
Actual Y1 2012/13 Achieved 100% compliance
Target Y2 2013/14
100% compliance with statutory requirements including Legal Aid Act & PFMA
100% implementation (or explain non-implementation) of King III
Board properly constituted and functioning effectively with all meetings quorate
Target Y3 2014/15
100% compliance with statutory requirements including Legal Aid Act & PFMA
100% implementation (or explain non-implementation) of King III
Board properly constituted and functioning effectively with all meetings quorate
CommentGovernance Programme ensures an effectively functioning organisation within the
best practice governance practices and principles
27Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XII Maintaining and Enhancing Good Governance
Programme 19Independent Monitoring & oversight unit (Internal Audit) providing combined
assurance
Project 19-1 Independent Internal Audit Unit
Outputs Implementation of rolling Audit Coverage Plan
Base Year
performance 2011
Audit Coverage Plan implemented covers 75% of the Audit Universe, 80% of all
risks, and all Business Units in 24 months
Performance Y1
2012/13
99% of the Audit coverage plan was implemented in accordance with IIA
standards
Target Y2 2013/14
Implementation of Audit coverage plan in accordance with IIA standards, takes
into account all components of the risk universe, ie IT, Fraud, Compliance and
operational controls
Target Y3 2014/15
Implementation of Audit coverage plan in accordance with IIA standards, takes
into account all components of the risk universe, ie IT, Fraud, Compliance and
operational controls
Comment
Internal Audit provides an independent assurance to executive management, the
Board and other stakeholders on the management of risk, fraud, effective systems
of controls as well as compliance with legislation, policies and procedures.
28Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
29Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15Strategy XIII Strengthening and Growing a Sustainable Brand
Programme 20 Develop and maintain a strong recognised brand
Project 20-1
20-5
Brand and marketing programmes
Brand development
Outputs
Annual review of brand positioning strategy
Marketing of Legal Aid SA services; billboards, television, newspaper, radio
Branding at justice centre points implemented
Base Year
performance 2011
Brand and Marketing strategy in place; Branding at justice centre points (including
Prison Cells, Police cells and Courts) in place as per 2012/13 programme
Annual external Omnibus conducted
Actual Y1 2012/13>95% of Marketing Plan implemented. Branding at justice centre points accurately and
relevantly implemented and reported quarterly
Target Y2 2013/14>95% of Marketing Plan implemented; Branding at justice centre points (including
holding cells) implemented accurately and relevantly and reported quarterly
Target Y3 2014/15
>95% of Marketing and advertising Plan implemented
Branding at justice centre points (including Prison cells, Police cells and Courts)
implemented accurately and relevantly and reported quarterly
Comment
Legal Aid SA continues to ensure relevance of the brand strategy, brand visibility and
awareness of Legal Aid SA services through print and electronic media campaign
Annual national omnibus surveys are used to assess usage and understanding of Legal
Aid SA brand and its services
Strategy XVI Maintaining A Regulatory Framework Incorporating Best Practices
Programme 23 Implement an updated and approved Legal Aid Act and Legal Aid Guide
Project 23-1
23-2
Legal Aid Act
Legal Aid Guide
OutputsNew Legal Aid Act is enacted
2013 Legal Aid Guide as approved by the Board is implemented
Base Year
performance 2011
Legal Aid Act 22 of 1969
2009 Legal Aid Guide
Actual Y1 2012/13
Discussions with the minister of Justice on aspects of the Legal Aid Bill and Bill
was sent to role-players.
2013 Legal Aid Guide was approved by the board.
3 Circulars were issued.
Target Y2 2013/14Implement transitional arrangements of Legal Aid Act
Finalisation of regulations/ Legal Aid Guide
Target Y3 2014/15
Ensure that steps are taken to ensure that the new Legal Aid Act is promulgated
and operationalised
Parliament approval of 2014 LAG facilitated
Comment
The current Legal Aid Act does not have regard to our current constitutional
democracy and needs to be revised. The updating of the Legal Aid Guide is
required to ensure that the Policies and Procedures remain relevant to current
circumstances and client needs
30Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XVII Maintaining Strong Financial Management and Supply Chain Management
Programme 25 Maintain a strong financial and supply chain management (including judicare
Project 25-1
25-3
Supply Chain Management
Payment of creditors and judicare accounts
OutputsFunctional and effective SCM committees with BAC decisions implemented
Creditors including judicare paid within 30 days of receipt of invoices
Base Year
performance 2011
Updated SCM policy and governance structures in place
99% of creditors paid within 30 days of receipt of invoice
Performance Y1
2012/13
Complied with PFMA and SCM policy
Effective and functional Bid Committees in place which met at least once a month
97.8% of creditors including judicare were paid within 30 days. 2.2% of creditors
were paid after 30 days due incorrect banking details of suppliers and challenges
with our IT systems.
Target Y2 2013/14
Compliance with PFMA and SCM Policy of National Treasury
BAC meetings held at least once a month
Creditors including judicare paid accurately within 30 days of receipt of invoices
Target Y3 2014/15
Sound financial management in place;
Compliance with PFMA and SCM Policy and National Treasury Instruction Notes
BAC meetings held at least once a month
100% of creditors including judicare paid accurately within 30 days of receipt of
invoices
CommentFunctional and effective SCM are in place and Legal Aid Guide has been revised
to provide for additional SCM requirements
31Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XIX Maintaining the National Footprint
Programme 27 Expand and maintain the National Footprint.
Project 27-1 National Footprint -expansion/maintenance
Outputs Expansion/maintenance of the national footprint
Base Year
performance 201164 Justice Centres; 64 Satellite Offices; 6 Regional Offices; 1 National Office
Actual Y1 2012/13 64 JCs; 64 Satellite Offices; 6 Regional Offices; 1 National Office
Target Y2 2013/14
64 JCs
64 Satellite Offices
6 Regional Offices
1 National Office
Target Y3 2014/15
64 JCs
64 Satellite Offices
6 Regional Offices
1 National Office
Comment
Due to budget constraints, as well as the fact that we do not anticipate receiving
additional funding during this MTEF period, no new offices are planned. Our focus
during this period is to ensure that all offices are well maintained and that their
locations are reviewed at the end of their leases.
32Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XX Developing And Expanding The Legal Quality And Expertise, For Each Segment Of
The National Footprint
Programme
28
29
30
To implement interventions to improve and monitor the quality of legal services to deliver
desired outcomes
To strengthen and expand legal expertise required for delivery of desired quality outcomes;
Independent Legal Quality Assurance (LQA)
Project
28-1
29-1
30-1
Quality assessment Reviews
Legal Training
Legal Quality Assurance Unit (LQAU)
Outputs
Quality assessment reviews conducted both by JCs as well as LQAU
Legal Training targets achieved
Annual Audit Coverage Plan implemented
Base Year
performance 2011
CAs: 88%, PAs: 89%, HCU PAs: 94%
JC and LDD Training Programmes in place
Actual Y1 2012/13CAs: 86%, PAs: 89%, HCU PAs: 93%
JC and LDD Training Programmes in place
Target Y2 2013/14 Achieve total annual legal training hours; Review all practitioners in a 2 year cycle
Target Y3 2014/15CAs: 80%, PAs: 85%, HCU PAs: 90%. Legal Management: 90%
Achieve total annual legal training hours
Comment
These programmes are focused on providing training and support to practitioners to enable
them to render a quality service and to ensure that the quality of service is independently
verified
33Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XXI Developing Talent And Improving Competencies To Serve Business Needs And Integrating
Competencies Into Related Programmes
Programme 50 Talent and career management (including recruitment and succession planning)
Project
50-1
50-2
50-3
Recruitment and Retention
Career pathing
Succession planning
Outputs
96,5% recruitment levels or as per budget allocation approved and turnover rate to decrease by
0.25% per annum
Legal Aid SA, Legal and Support Career Path maintained, and widely understood
Implemented Succession Planning Project
Base Year
performance 2011
Reviewed talent management in place
Career path in place (legal and support)
Succession planning programme in place for critical positions
Actual Y1 2012/13
The recruitment level was 95.6% (target 96.5%), challenges experienced in recruiting civil PAs
Awareness raised regarding career path for legal and support staff
Succession candidates capacitated through leadership development programme and management
advancement programme
Target Y2 2013/14
Ensure adequate support staff to support the delivery of legal services
Employees aware of own career path growth steps for the year
Succession candidates capacitated as per revised learning programme
Target Y3 2014/15
Ensure adequate support staff to support the delivery of legal services
Employees aware of own career path growth steps for the year
Succession candidates capacitated as per revised learning programme
Comment
Staff recruitment levels are continuously monitored and managed and Staff turnover excluding CAs
was registered at 6,08% in respect of the 2013/14 financial year
Legal and non-legal career path information is made available to employees throughout the year
The Wits Leadership Development Programme and Management Development Programme was
completed during the 2013/14 financial year in respect of a total of 60 Legal Aid SA managers34Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
Strategy XXVI BUILDING AN INTEGRATED, STABLE AND RELIABLE IT PLATFORM
SERVING CLIENTS' NEEDS AND INTERNAL BUSINESS NEEDS WITHIN
BUDGET CONSTRAINTS
Programme 57 Improve IT network, hardware and software infrastructure
Project 57-4 IT Applications: AI (Legal & Admin Application) Redevelopment Project
Outputs Software is responsive to business needs
Base Year
performance 2011Software applications upgraded to the latest versions and business requirements
Performance Y1
2012/13
System Availability was at 99.5%, IT hardware availability was at 99.35%
Project to develop a single ERP system was placed on hold.
Target Y2 2013/14
All systems meet performance and availability delivery %s to all Legal Aid SA
sites at anytime as per SLAs with user management and approved business
case for systems meet all user requirements
Target Y3 2014/15
All sites connected to Legal Aid VPN systems and meet performance target of
95% availability. New electronic Legal Aid Administration systems (eLAA)
implemented and accessible to all Legal Aid staff members at anytime.
Comment
The core system (Ad-Infinitum system) which is in-house built continues to
experience instability due errors in the application's code and as a result
consideration to redevelop the system is given attention
35Briefing of PC: Justice (July2014)
Annual Performance Plan 2014-15
I. Introduction to Budget 2014-15
II. Government Grant Allocations
III. Summarised MTEF 2015-2017
IV. Analysis of Budget 2015-17
V. Balanced Scorecard Budget 2015-17
VI. Assumptions informing the Budget
VII.Explanation of variances
VIII.Analysis (Comments) on Budget 2014-15
IX. Financial Sustainability and Budget cuts
X. Expenditure 2013-14 (unaudited) & implementation of AG Report Recommendations 2012-13
Budget 2014-15 Content
Briefing of PC: Justice (July2014) 37
Budget 2014-15
Introduction to Budget 2014-15
The following considerations were made when preparing
the 2014/15 budget:
Legal Aid South Africa’s five (5) year Strategic Plan 2012-
2017
The year on year increase of the National Treasury
allocation including additional funding over the MTEF
period.
Future financial sustainability of the organisation.
The proportion of direct service delivery costs to
administration support costs.
The Capital Asset Replacement Programme.
Briefing of PC: Justice (July2014) 38
Budget 2014-15 Government Grant Allocations
Year New Funding
Budget Cuts
Children’s Act
& Child
Justice Act
Case Backlog
Funds
Total
Government
Grant(includes new funds &
Children's’ Acts &
Case Backlog)
2013/14 -34 308 000 10 444 000 34 000 000 1 406 225 859
2014/15 20 000 000 11 018 000 Note 1 1 465 908 000
2015/16 5 000 000 11 618 000 1 545 685 000
2016/17 5 000 000 12 198 9001 627 617 000
Note 1. Effective 2014/15 case backlog funds form part of the baseline allocation
Briefing of PC: Justice (July2014) 39
Budget 2014-15 Summarised MTEF 2014-2017
Budget
Description
Budget 2013/14
(previous year)
MTEF Year 1
2014/15
(Budget)
MTEF Year 2
2015/16
MTEF Year 3
2016/17
Salaries and
related costs1 042 063 113 1 132 970 654 1 156 969 694 1 235 854 230
Case backlog 34 000 000 36 039 000 40 495 000 42 681 730
Direct
expenditure114 365 411 102 865 374 102 245 064 107 000 000
Operating
expenditure221 547 188 221 616 430 235 233 847 245 696 875
Capital
expenditure56 071 713 32 063 774 33 921 196 22 907 505
Total Budget 1 468 047 424 1 525 555 232 1 568 864 801 1 654 140 340
Briefing of PC: Justice (July2014) 40
Budget 2014-15 Analysis of Budget
Budget
Description
Budget 2013/14
(previous year)
Budget 2014/15
(Current year)
Variance
(%)
Salaries and
related costs1 042 063 113 1 132 970 654 9%
Case backlog 34 000 000 36 039 000 6%
Direct
expenditure114 365 411 102 865 374 -11%
Operating
expenditure221 547 188 221 616 430 0.03%
Capital
expenditure56 071 713 32 063 774 -43%
Total Budget 1 468 047 424 1 525 555 232 4%
Briefing of PC: Justice (July2014) 41
Budget 2014-15
Key assumptions in Budget preparationsThe following considerations were made when preparing the 2014/15
budget:
The budget was prepared under the assumptions that inflation will be
5.4% for the budget period under review with salary increases
budgeted at 6.4% (5.4% + 1%)
Salaries increases for 2014/15 now confirmed at 7.4% (6.4% +1%)
resulting in shortfall of 1% amounting to R10mil
Operating budget increased by 0% except for operating expenditure
linked to contracts
Salary recruitment budget decreased from 98% to 97% due to high
costs of compensation of employees.
Briefing of PC: Justice (July2014) 42
Budget 2014-15
Explanation of variances
Salaries increased by 9% compared to 2013/14 as it includes inflation
adjustment - 7.4%, PPI – 1.5%, and recruitment rate decrease from
98% to 97%.
Case backlog increased by 6%, year on year increase linked to macro
increase.
Reduction in other direct expenditure is due to roll over funding for
impact litigation (R12 mil) included in 2013/14 budget
Operating expenditure increased by 0.03% due to contracts
escalations, other operating expenditure items were not increased
due to budget constraints.
Capital expenditure decreased by -43% compared to 2013/14 due to
R10.3 million set aside for IT system (e LAA System Development
Project). Only R1.5million was confirmed in 2014/15.
The overall increase in budget is 4%.
Briefing of PC: Justice (July2014) 43
Budget 2014-15Budget alignment to APP 2014: Budget per component of the Balanced Scorecard
Component of the Balanced
Scorecard
Budget
2014/15
%
of Budget
1 Client, Community, Stakeholder &
Shareholder1 022 440 432 67%
2 Finance & Sustainability 23 846 129 1.6%
3 Internal Business Processes 12 861 654 0.8%
4 Employee & Organisational
Capacity367 950 508 24.1%
5 Additional Programmes 98 456 508 6.5%
Total Budget1 525 555 232 100%
Briefing of PC: Justice (July2014) 44
Budget 2014-15
Allocation of additional funds to programmesProgrammes funded with
additional funds
Allocation
2014/15
Comment
1 Child Justice &
Children's’ Act
11 018 000 R3.6 million was utilised to increase civil supervisor
and practitioner capacity
R2.1 million was allocated for conversion of PA
posts to SPA posts
R5.3 million was allocated to increase practitioner
capacity – criminal coverage
2 Increase in legal
capacity
5 000 000 R3.1 million of the funds were utilised to convert 25
CA posts to District Court PA positions
R1.9 million of the funds were utilised to increase
civil and supervisory capacity.
Total Additional
Funds16 018 000
Briefing of PC: Justice (July2014) 45
Budget 2014-15
Financial Sustainability and Budget Cuts Following submissions made to NT about the impact on reducing staffing, which would
impact on court coverage, we were advised in the NT Allocation Letter (2014) that there
were no budget cuts for Legal Aid SA over the MTEF period. This was appreciated.
Legal Aid South Africa received confirmation regarding allocation of additional funding
over the MTEF period as follows:
Briefing of PC: Justice (July2014)
ProgramDescription
MTEF2014/2015(Budget)
MTEF2015/2016
MTEF2016/2017
Total over MTEF Period
1. Child Justice & Children’s Act
11 018 000 11 613 000 12 198 900 34 829 900
2. Increase in legal capacity
5 000 000 5 000 000 10 000 000
3. Improved conditionsof service
38 593 000 50 281 000 88 874 000
Total 54 611 000 66 894 000 12 198 900 133 703 900
46
Expenditure Levels 2013/14 and
AG Report Recommendations 2012/13
Unaudited preliminary figures indicate 2013/14 expenditure levels of
more than 98% of the budget
2012/13 Unqualified audit report for twelve years in succession and
no matters of emphasis
2013/14 External Audit currently underway
Briefing of PC: Justice (July2014) 47
Concluding Comments
The priorities for 2014/15 in the APP include the following:
Maintaining and ensuring delivery of legal aid to clients in
criminal and civil matters, including advice matters
Continued development of competency of legal practitioners
to ensure the delivery of quality legal services
Ensuring good governance and financial management to
maintain unqualified audits
Redevelopment of the legal-administration IT Application
The NT Allocation for the MTEF 2014/17 period confirmed no
budget cuts for Legal Aid SA. This was welcomed as it meant that
the existing court coverage would not be negatively impacted on.
The challenges to the delivery of the APP will be managed to
ensure that they do not affect performance.
Briefing of PC: Justice (July2014) 49
Concluding CommentsThese challenges include:
Pending matters exceeding target turnaround times especially for
RC and HC.
Processing of appeal matters still poses challenges, especially
with regards obtaining transcripts of matters timeously.
The budget for Marikana Inquiry remain unresolved.
National Footprint of Legal Aid SA not extended due to budgetary
constraints
Availability and acquisition of office lease accommodation through
open tender remain a challenge since property owners do not
respond to bids.
In November 2013 Board approved the development of a new
core IT system for Legal Aid SA, namely, electronic Legal Aid SA
Administration System (eLAA). The current in-house developed
Information technology system (Ad-infinitum system) performance
is being closely monitored.
Briefing of PC: Justice (July2014) 50