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TITLE OF PRESENTATION SUBTITLE OF PRESENTATION Strategic Plan 2017, Annual Performance Plan 2014 & Budget 2014 Briefing of Portfolio Committee of Justice 1

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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

3Briefing of PC: Justice (July2014)

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

9Briefing of PC: Justice (July2014)

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

14Briefing of PC: Justice (July2014)

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

Budget 2014/15

36Briefing of PC: Justice (July2014)

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

48Briefing of PC: Justice (July2014)

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