SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT STRATEGIC PLAN AND ANNUAL PERFORMANCE...

SELECT COMMITTEE ON SECURITY SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT AND CONSTITUTIONAL DEVELOPMENT

STRATEGIC PLAN AND ANNUAL STRATEGIC PLAN AND ANNUAL PERFORMANCE PLAN BRIEFING PERFORMANCE PLAN BRIEFING

23 MAY 201223 MAY 2012

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CONTENTS

1. Introduction

Mission, Vision, Principles and Values

2. Mandates Constitutional, Legislative and Policy

3. Strategic Goals

4. Changes made in the current plans

5. Strategic Objectives and Targets

Programme 1: AdministrationProgramme 2: Court ServicesProgramme 3: State Legal Services

6. Challenges addressed and progress

7. Attachments

Attachment 1: Indicators and Targets in the Annual Performance Plan 2012/13

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INTRODUCTION

VisionA 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 ValuesCommitment to constitutional values and to a culture of human rights

Promotion of the Rule of LawBatho Pele

Good governanceUbuntu

Professionalism and continuous improvement Transparency

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MANDATES

The following mandates, amongst others, derive from the Constitution:

•The administration of Chapter 8 of the Constitution (Courts and the administration of Justice) which entails, amongst others: - The appointment of the judicial officers, their conditions of service, discipline and training;

- The establishment and functioning of the National Prosecuting Authority, the conduct of criminal proceedings, investigation of organised crime and corruption and the forfeiture of assets obtained through illicit means;

•The rationalisation of all courts, their structures, composition, jurisdiction and laws applicable to courts: - In this context, the Superior Courts and the Constitution 17th Amendment Bills which seek to give effect to the Constitutional Court as the apex court in the Republic; harmonise the jurisdictions of the Constitutional Court and the Supreme Court of Appeal; and provide for the establishment of a single “High Court of South Africa” with various provincial divisions, each with a main seat in a province and local seats where this is necessary to enhance access to justice.

- The department’s Rationalisation of the Lower Courts’ Programme seeks to correct the old magisterial districts that are still based on defunct TBVC, self-governing states and old RSA territory. This Programme is two-pronged, namely: 1) the alignment of

magisterial districts with provincial and municipal districts respectively; and 2) the rehabilitation of Branch Courts for re-designation into self-standing courts to provide full

services, instead of being limited to the adjudication of criminal cases only, as is the case with Branch Courts.

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MANDATES

Legislative mandates

The department derives its statutory mandate from various pieces of legislation in the form of statutes and subordinate legislation. The following are categories of functions emanating from different legislative instruments that are relevant to the department. These are legislation providing for:•The establishment and functioning of the superior courts, magistrates’ courts, special courts of the status equivalent to either the high court or magistrate’s court, small claims courts and traditional courts;

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

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

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

•The provision of legal advisory services to government;

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

•The protection of vulnerable groups (the Child Justice Act, 2008; Sexual Offences and Related Matters Amendment Act, 2007; Maintenance Act, 1998 etc..)

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MANDATES

Policy mandates (a) JCPS Cluster Delivery Agreement •The Minister has an executive responsibility of coordinating and leading the Justice, Crime Prevention and Security (JCPS) cluster. Through its leadership of the cluster, the department monitors and coordinates the overall implementation of cluster strategies and activities. •The JCPS cluster continues to coordinate the implementation of the 8 strategic objectives of the Criminal Justice System in the Delivery Agreement as part of the criminal justice system’s reform (b) Transformation of the judicial systemThe transformation of the judicial system entails the following key programmes, amongst others:• Institutional reforms to strengthen the capacity of the Office of the Chief Justice (OCJ): To this end, the Constitution Seventeenth Amendment Bill and the Superior Courts Bill seek to affirm the Chief Justice as the head of the judiciary, with the responsibility of developing and monitoring the implementation of norms and standards in respect of all courts.

•Enabling the establishment of governance structures in the newly established OCJ:o Facilitate the establishment of human resource and financial management capacity; ando Assist with the establishment of systems, processes and controls.

•Improved delivery of the judicial education programme through the South African Judicial Education Institute:oProvide an enabling environment for the South African Judicial Education Institute (SAJEI) to carry out its statutory mandate; andoStrengthen the governance structures of SAJEI

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MANDATES

Policy mandates (Cont’d) (c) Transformation of State Legal ServicesThe transformation of legal services, both within the context of private legal services and legal services within Government, is located within broader initiatives on the transformation of the judicial system geared towards enhancing access to justice and deepening constitutional democracy. The Minister and the Department have released a discussion document on the Transformation of State Legal Services on 21 May 2012, which details plans to consolidate structures providing legal services to the State to enhance performance in this arena.

(d) The review of the civil justice systemIntermediate legislative interventions have been implemented to address some of the pressing gaps in the lower courts. These include: oThe amendment of the Magistrates’ Courts Act, 1944, to extend civil and divorce jurisdiction to regional courts. oThe Terms of Reference for the comprehensive review of the civil justice system have been finalised, and governance structures to commence with the review are being put in place in line with the resolutions of the July 2011 Access to Justice Conference.

(e) Language Policy

Pilot projects on the use of indigenous languages have been completed and roll-out of the policy is expected to begin in the 2013/14 financial year.

STRATEGIC GOALS

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

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

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

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

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CHANGES IN THE CURRENT PLANS

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Framework for Strategic Plans and Annual Performance Plans, 2010


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In preparation for the Strategic Plan and the Annual Performance Plan, the following were taken into consideration:

1. Policy guidance from the Minister and Deputy Minister;

2. The centrality of the public as consumers of our services (Batho Pele);

3. Available resources;

4. Dedicated focus on improved organisational performance;

5. Needs of our partners to enable them to perform their functions

(Prosecution and the Judiciary); and

6. Guidance from stakeholders namely, Auditor-General, National

Treasury, Department of Performance Monitoring and Evaluation, and

Parliament.


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As we prepare the strategic plan and the annual performance plan, we are guided and respond to on-going requirements and guidelines on performance management, whilst meeting legal obligations and the need to comply with SMART principles. This results in the Department having to reconsider indicators.

In addition, the following are taken into account:

•The external environment: We are continuously engaging with our strategic plan and annual

performance plan, taking into account our external environment, financial situation and growing demand for our services.

•The internal environment:We are continuously reassessing the department’s position in terms of

skills, infrastructure, technologies and our ability to deliver services.

In particular, Parliament has expressed a desire for the Department to show the link between current indicators and old ones to enable proper accountability by the Department and enable clear areas of oversight by Parliament.

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With the inputs from the stakeholders mentioned in the previous slide, the following modifications were made:

1. 24 indicators were removed for various reasons which will be discussed hereafter;

2.17 new indicators were introduced taking into account new business requirements, e.g., quasi-judicial indicators, OCJ and Family Advocates;

3.13 indicators were modified in line with current situation e.g., the communication campaign, Presidential Hotline indicators;

4. 27 indicators from the previous year were retained; and

5.Objectives have been aligned with the programme budget allocations.

The detail of the changes are discussed in the next slides.

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RATIONALISED INDICATORS

1. Policy indicators

Policy formulation is an important function of the department and will continue to receive due focus. However, in line with the current framework, which emphasises an outcomes approach and as a result of the complexity of the process of formulation of national policies, it has been decided that they get managed differently outside of the current APP framework.

The progress of these indicators will be managed as follows: Policy indicators will continue to be tracked through the EXCO and will remain on

performance contracts of relevant senior managers. Progress against the policy development plans will continue to be discussed with relevant

stakeholders e.g. Parliament. Progress on policy development will continue to be part of the departmental annual report.

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2. Policy indicators

The affected indicators are as follows:

1.National Action Plan for strengthening national cohesion tabled and implemented;

2.Number of activities completed for the development of a Policy Framework for Hate Crimes;

3.Bi-annual reports on PAIA compliance by government departments completed within stipulated turnaround time;

4.Policy Framework on the transformation of the Judiciary and the Rationalisation of the Superior Courts approved by Cabinet;

5.Policy Framework on the alignment of Traditional Courts with the Constitution;

6.Policy Framework on the Transformation of the Legal Profession finalised;

7.Percentage of the completion of the Civil Justice Review;

8.Percentage of the Draft National Policy Framework on Prevention and Combating of Trafficking in Persons completed and implemented; and

9.The Rationalisation of the Lower Courts’ Areas of Jurisdiction Blueprint approved by Cabinet.

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3. Non-Core-function Indicators

Efforts have been made to include more core-function and service delivery indicators in our plans.

For this reason, less of the support indicators have been included.

These indicators still remain on the branch annual plans and will remain on the individual

performance plans of relevant senior managers.

These are:

•Percentage of courts with case management systems deployed and supported;

•Number of communication activities implemented in line with departmental priorities;

•Number of communication activities implemented in line with the communication strategy;

•Number of priority courts improved through RAMP; and

•Number of regions implementing business continuity programme.

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4. Indicators covered in other indicators

The indicators listed below were rationalised due to the existence of other indicators:oNumber of key outputs to address the Third Party Funds qualification completed (already tracked under the Audit Action Plan); oMonitoring report of allocated CARA funds completed (one indicator was deemed sufficient); andoNumber of regions implementing business continuity programme (already tracked under the Audit Action Plan).

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INTRODUCTION

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STRATEGIC OBJECTIVES

INTRODUCTION


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The departmental budget has been reduced over the MTEF period.

Areas that have been severely affected by budgetary constraints are the following:

Security in service points and offices:Details under Programme 1

Increasing the number of facilities to improve access to justice:Details under Programme 2

Infrastructure support for other stakeholders: • Increasing the establishment of the lower courts and providing the Judiciary (especially the Magistracy, Legal Aid, Prosecution, SAJEI) with tools of trade (accommodation requirements, ICT, library and additional security, and rentals);•Enhancing capacity in the State Legal Services, Masters, Third Party Funds, IT personnel and Risk Management.

INTRODUCTION


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Increased capacity:

•Expansion of the support personnel establishment in the courts (interpreters, finance and supply chain management personnel) as well as the personnel who perform quasi-legal functions relating to default judgments, court orders, warrants of execution, etc..

• Implementation costs of recently passed legislation.

Information Technology:

•R100 million has been allocated towards ICT infrastructure for 2012/13. Part of the budget will be used for the Business Continuity Programme.

•Additional budget is needed for software development and implementation of IT systems.

The departmental objectives discussed herein take into account the funding challenges.

PROGRAMME 1: ADMINISTRATION


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PURPOSE

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

OVERVIEW

The following key areas in this programme will be discussed: 1.Running a better administration to achieve an unqualified audit;2.Fighting fraud and corruption;3.Improving the safety and security of our service points;4.Implementation of key ICT projects;5.Improvement in HR management;6.Improving the co-ordination of the JCPS cluster; 7.The Truth and Reconciliation Commission (TRC); and8.Implementation of the Service Delivery Charter.



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1: A BETTER ADMINISTRATION TO ACHIEVE AN UNQUALIFIED AUDIT OPINION

•One of the 3 key objectives of the department is to achieve a “no audit qualification” for the 2012/13 financial year.

•An audit action plan with all findings is tracked and monitored monthly through the Executive Committee, with the aim of finalising all findings by the end of each financial year.

•In addition, performance of funds under management of the department, such as the President’s fund, Guardian’s Fund and CARA is important. In the MTEF period, the department aims to distribute CARA funds each year by the end of the financial year.

•Specific initiatives will continue to be rolled out in 2012/13 to move the department towards an unqualified audit, and these include:

oAddress the remaining Third Party Funds challenges; (Also Ref: Maintenance Services under Programme 2);

oImprove processes to detect irregular expenditure; andoOngoing strengthening of capacity and skills and controls to manage the Vote Account.


Audit outcomes for 2010/11 financial year:

Vote – QualifiedGuardians’ Fund – UnqualifiedPresident’s Fund – UnqualifiedCARA – Unqualified

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Vote account – basis for qualification•Third Party Funds (TPF) – the Auditor-General 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

1.Debriefing workshops – Executive management/Regional Heads/Regional Finance Directors;

2.Comprehensive National Audit Action Plans supplemented by regional Audit Plans on identified audit risk areas;

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

4.Additional human resource capacity in units working with trust funds, supply chain and asset management;

5.Training and technical guidance at Regional/Court level focussed on Compliance, Asset Management, irregular expenditure and supply chain management practices;

6. Enhancing departmental policies and prescripts – 3 quotations, delegations, tax compliance of service provider/s;

7.Monthly progress reporting to Executive management on status of implementation of approved audit action plans;

8.Quarterly Financial Statements preparation – these statements are then quality reviewed by the senior manager in financial reporting services. Exceptions are investigated and followed up.

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KEY INITIATIVES TO CONCLUDE CREDIBLE FINANCIAL REPORTING FOR TPF

1.Baseline Financial reporting: Annual Financial Statements for 2009/10 and 2010/11– Concluded and submitted to Auditor-General.

2.Skills Assessment – Concluded skills assessment for 249 Officials working in the TPF environment.

3.Training and staff development – training programme launched in all regions (for a period of 9 weeks during October 2011) for finance personnel; area court management personnel and Directors of Court Operations. Comprehensive training manuals and workbooks developed for TPF training. Training concluded for officials in the TPF environment.

4. Annual Financial Statements 2012 – Submission date: May 2012.

5.Systems review – Currently busy with a Systems Review to advise on the future operating model of TPF. Treasury approval was obtained for the development /procurement of new system.

6.Internal control - Enhanced controls on cash management and payouts - EFT deployment to 103 offices (against a target of 60 for 2011/12).

7.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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2: FIGHTING FRAUD AND CORRUPTION

The department has adopted a three-pronged strategy to fight corruption namely, staff awareness program, improved finalisation of cases and vetting of key staff members.

Vetting:

•With regards to vetting, the new Security Vetting and Investigating System (SVIS) is functional with 17 officials trained in fingerprint taking to speed up criminal record checks. To date there are 217 files in process on SVIS.

•The relationship with SAPS has been established and it helps in terms of turnaround times for criminal record checks.

•During 2012/13, vetting of 68% of all outstanding senior managers is planned against the previous financial year baseline of 43% (Unaudited)



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2: FIGHTING FRAUD AND CORRUPTION

Investigations:

During the 2011/12 financial year:

•11 new fraud investigators were employed to assist with investigations;

•More than 30 fraud and corruption workshops were held;

•24 officials went through the disciplinary processes as result of finalised cases and 6 people were arrested. There were 14 dismissals (from one case).

For 2012/13, the target finalisation rate for cases is 60% and 70% for old and new cases respectively.

Awareness sessions:

Awareness sessions in conjunction with PALAMA will continue over the MTEF period, with 35 planned in 2012/13.



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3. IMPROVING THE SAFETY AND SECURITY OF OUR SERVICE POINTS

•The department continues to have a high risk of crime perpetuated against staff and the public, and for this reason safety and security remains an important issue, despite the severe budget constraints experienced.

•The department completed 50 security infrastructure projects in different courts in the last financial year with the limited budget it has. These courts were prioritised after a threat and risk assessment.

•In the 2012/13 financial year, the department will introduce measures to stretch the limited budget to deliver on the important objective of keeping courts, staff and the community safe. These measures will assist the department to rollout security systems to 70 additional courts in the next two years.



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4: INFORMATION AND COMMUNICATION TECHNOLOGY

•In 2011/12, the Integrated Case Management System (ICMS) was deployed to 402 magistrates’ offices to deal with deceased estates. Officials were also trained and over 200 000 deceased estates were captured on the system.

•R100 million has been allocated towards ICT infrastructure for 2012/13. Part of the budget will be used for the Business Continuity Programme.

•The department is striving to increase the optimisation of automated systems. As a way to address this objective, 4 ICMS systems were identified and will be finalised in phases over the MTEF period: •ICMS Maintenance Courts;•ICMS Masters Deceased Estate system;•ICMS Masters Trust system; and•ICMS Third Party Funds System.



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5: HUMAN RESOURCES

•In 2011/12, 50 service delivery related courses were conducted by Justice College and 1 493 delegates were trained on these courses. The department intends to train 6 500 personnel through the Justice College during 2012/13.

•With regard to grievance and misconduct cases, the department plans to resolve 80% of grievance cases and 95% of misconduct cases respectively, over the MTEF period.



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In 2011/12, the department maintained the vacancy rate at around 10% and aims to achieve a 9% rate, which is still ahead of public service targets.

Vacancy rate at senior management level and strategic areas:

Filled Posts Vacant PostsTotal Approved

PostsVacancy

Rate

SMS 157 40 197 20.3%

Branches:

Office of the Chief Litigation Officer 67 37 104 35.6%

State Attorneys 543 46 589 7.8%

Strategy Unit 13 11 24 45.8%

Risk Management And Security 90 18 108 16.7%

Human Resources 171 14 185 7.6%

Internal Audit 142 22 164 13.4%

Masters 1153 68 1221 5.6%Integrated System Management (ISM) 28 22 50 44.0%



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6: IMPROVED CO-ORDINATION OF THE JCPS CLUSTER TOWARDS THE DELIVERY OF OUTCOME 3.

Modernisation of the Criminal Justice system:

•The department leads the JCPS cluster towards the delivery of outcome 3 of government: “All People in South Africa are and feel safe”.

•The department is leading and facilitating a review of the Integrated Justice System (IJS) Programme, by the cluster, to ensure the accelerated modernisation and integration of technology systems across the criminal justice system. (more info in the next slide)

•In addition to co-ordination of the cluster activities and indicators, the department has introduced a new indicator that will focus on reporting the progress of the IJS Programme.

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6: IMPROVED CO-ORDINATION OF THE JCPS CLUSTER TOWARDS THE DELIVERY OF OUTCOME 3. The CJS Modernisation Programme:

•The Integrated Justice System (IJS) Programme remains vital in the modernisation journey of the Criminal Justice System (CJS). The Cluster has identified 5 integration priorities which are packaged into 3 major programme streams to ensure focussed delivery. These priorities are around the implementation of Case related integration, Cluster business intelligence capabilities and creation of an integrated framework for effective management of persons i.e. identification, detention and tracking throughout the CJS.

•We have concluded pilots of the various case related integrations between SAPS' upgraded crime administration system (CAS) and the department's Integrated Case Management System (ICMS), which were conducted in Benoni and Cullinan District Courts. This integration entails the electronic transmission of docket information, first appearance outcomes and case status information between SAPS and DOJCD.

•We have also concluded the deployment of the Video Arraignment solution to 47 Magistrates’ Courts linked to 22 Department of Correctional Services (DCS) facilities.




The IJS Modernisation Programme:

The plan regarding the Video Arraignment System in the financial year 2012/13 and over the MTEF period:

• In the current financial year, the focus will be on the maintenance and support of the 47

courts to which we have already rolled out the system;• Explore the possibility of procuring a performance monitoring tool in order to improve the

system’s stability in the IJS value-chain, subject to availability of funds;• Extensively engage with members of the Judiciary and other stakeholders in Courts to

improve usage of the system;• Closely monitor the impact of the VPN migration from Telkom to SITA and the potential roll-

back;• Analysis of the effectiveness of the system and measurement of business benefits derived

from the implementation; and• Further rollout is planned for the financial year 2013/14.




The IJS Modernisation Programme:

• The plan for 2012/13 financial year, is to have the first operational pilot test of the NPA's electronic case management system (ECMS) and its integration with the SAPS enhanced crime administration system. The goal of ECMS is to improve the way prosecutors review dockets and through the new integrations with SAPS, enable improved case preparation and communication with the police’s investigating officers.

• As the ECMS is being rolled out, it will also contribute to the reduction of the number of dockets that go missing. The system will also allow prosecutors to prepare charge sheets online with improved accuracy and through its integration with our ICMS system's electronic court roll functions, improve the scheduling of court appearances and the linking of court outcomes back into NPA and SAPS.

• The ECMS business pilot tests, upon successful completion, will be prioritised in high volume courts, associated police stations and NPA offices for implementation.





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7: TRUTH AND RECONCILIATION COMMISSION:

•The other key objective of the department is to finalise outstanding truth and reconciliation commission reparations per TRC recommendations. During the 2011/12 financial year, 447 individual reparations were paid, therefore 428 are still outstanding. The department plans to finalise the distribution of funds to all TRC victims in the 2012/13 financial year.

•The consultation process regarding regulations on Basic and Higher Education as well as Health has been concluded. The regulations are now being prepared for submission to Cabinet.

•With regard to Community Rehabilitation, the Department formally engaged the Independent Development Trust (IDT) to conduct needs analysis and thereafter implement.

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8. SERVICE CHARTER AND CUSTOMER SERVICE •The departmental Service Standards and the Service Charter have been launched and will be implemented in phases during the MTEF.

•The completion rate of 87% of Presidential Hotline cases in the 2011/12 financial year, has been impressive. Over the MTEF period, more emphasis will be on the completion of simple matters within 30 days.


PROGRAMME 2: COURT SERVICES


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PURPOSE

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 managing court facilities.

OVERVIEW

The discussion focuses on the key areas of this programme, namely:

1. Case finalisation and service delivery,

2. Access to justice,

3. Protection of vulnerable groups,

4. Constitutional advocacy, and

5. Capacitation of the Office of Chief Justice.



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1: CASE FINALISATION AND SERVICE DELIVERY

Part of the core function of the department is the facilitation of finalisation of cases, and the key focus areas for this MTEF period are:

• Facilitation of finalisation of case backlogs; and

• Finalisation of family law cases.

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1: CASE FINALISATION AND SERVICE DELIVERY

Case backlogsThe case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts, has provided additional capacity to the backlog priority sites. The aim of the backlog intervention is to ensure that the inflow of the number of new cases is balanced by the number of matters concluded.

From the inception of the backlog reduction intervention in November 2006 until the end of February 2012, 57 331 criminal cases were removed from the Regional and District court rolls by these additional backlog courts as indicated in the table below:

Period Number of B/L Courts

Cases Finalised

Cases Withdrawn

Cases Transferred Externally

Total number of cases removed

Nov 2006 – March 2007 37 855 513 57 1 425

April 2007 – March 2008 38 3 503 1 373 237 5 113

April 2008 – March 2009 46 4 496 1 763 315 6 574

April 2009 – March 2010 56 4 593 2 060 183 6 836

April 2010 – March 2011 77 11 085 5 387 554 17 026

April 2011 – February 2012 83 14 458 5 351 548 20 357

TOTAL 38 990 16 447 1 894 57 331



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The Case Backlog Project

Comparison of the total number of backlog cases on the court rolls for the 2010/11 and 2011/12 financial years:

Role of the DOJCD:•The department provided resources in the form of Infrastructure, court personnel, judiciary, magistrates and budget. •Finalisation of these cases is largely influenced by the Prosecution and the Judiciary.

Actual2010/11

Target2011/12

Actual 2011/12

Quarter 1 39 705 37 602 38 585

Quarter 2 37 967 37 413 34 765 (quarterly target achieved)

Quarter 3 35 967 37 224 32 902 (quarterly target achieved)

Quarter 4 37 034 37 035 34 662(Up to February 2012)





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1: CASE FINALISATION AND SERVICE DELIVERY Resolution of Family Law cases:

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

In line with these, two new indicators have been introduced:•Percentage of family law cases involving fathers of children born out of wedlock resolved in mediation (in line with the requirements to be sensitive to the needs of fathers), and •Percentage of family advocates’ court reports filed within 15 days.



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2: ACCESS TO JUSTICE:

•The major challenge facing the department is to address the historical imbalances relating to court infrastructure. This challenge is complicated by the following additional realities:

oEscalation of infrastructure costs above inflation, resulting in cash flow for building new courts, often being insufficient. The limitations in cash flow results in postponements in some construction projects;oBalancing the need for additional courts with the maintenance and accessibility programmes of existing courts; and oThe growth in the establishment numbers and new areas of services.oCurrent infrastructure is not maintained at the correct levels. This results in degeneration of facilities at a much faster rate and the work of the key users (judiciary and prosecutors) being stifled by poor facilities.

For the 2012/13 financial year, the department will establish norms regarding the balance between capital works and maintenance of existing infrastructure with a view of engaging Public Works and National Treasury on ways of achieving this balance without compromising on building new infrastructure which is desperately needed.



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2: ACCESS TO JUSTICE:

•In 2011/12 financial year, three courts which were under construction were Tsakane, Katlehong and Kagiso.

•Tsakane has been completed while the other two courts (Katlehong and Kagiso) will be completed early in the 2012/13 financial year.

•The major projects undertaken and once put on hold in the last financial year, are shown in the slides that follow.

• In addition, the department plans to : oConvert the remaining 5 branch courts to full service courts; and oEstablish 24 new small claims courts.

MAJOR PROJECTS UNDERTAKEN IN 2011/12:

PROV Project Original Completion Date

RevisedCompletion Date

GP South Gauteng High Court Major refurbishments and Additions

Sep11 Oct 13

GP Construction of new Katlehong Magistrate’s Office

Sep 11 Jun 12

LP Construction of new Limpopo High Court

Jan 12 Jul 12*

KZN Construction of new Ntuzuma Magistrate’s Office

Dec 11

GP Construction of new Tsakane Magistrate’s Office

Oct 06 Feb 12

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2: ACCESS TO JUSTICE


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PROGRESS AT LIMPOPO HIGH COURT PROJECT:

Although the completion date was revised to July 2012, it will be further revised due to added scope and other delays. Currently the foundation, 2 basements (including holding cells) and the first floor have been completed (40% completion; R265 million spent).

MTEF CAPEX PROJECT LIST

Ongoing and new projects to be implemented in 2012/13



Polokwane H/C (continues) Dimbaza New Dimbaza M/O (Continues)

South Gauteng H/C (continues) South Gauteng H/C(continues)

GoodWood (New)

Kagiso M/O (Continues) Richards Bay (New) Richards Bay M/O (Continues)

Plettenberg Bay (New) Plettenberg Bay (Continues) Springbok M/O (New)

Mpumalanga H/C (New) Mpumalanga H/C (Continues) Mpumalanga H/C (Continues)

Mamelodi M/O (New) Mamelodi M/O (Continues) Mamelodi H/C (Continues)

Port Shepstone (New) Port Shepstone M/O (Continues)

Port Shepstone (Continues)

NPA Offices, Pietermaritzburg(New)

NPA, Pitermaritzburg (Continues)

NPA Pietermaritzburg Office (Continues)

Bityi M/O (New) Bityi M/O (Continues) Garies (New)

Katlehong Tshilwavhusiku (Continues) Tshilwavhusiku M/O (Continues)

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PROPOSED ALLOCATION FOR RAMP PROPERTY LEASES:

R88.2 million has been allocated for the Repair and Maintenance Project (RAMP) for the 2012/13 financial year. This money will be used for planning of RAMP projects for implementation in 2013/14.

Up to 5 courts per province have been identified for RAMP, which included upgrades to electrical power supply and minor additional accommodation where required.

R180 million has been allocated for property leases for 2012/13.

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3: PROTECTION OF VULNERABLE GROUPS

Improved delivery of Maintenance Services: In 2011/12, a three-year turnaround plan for maintenance services was initiated to focus on the entire maintenance chain which includes application procedures, application processing, payments and punitive measures for defaulting parents.

•Initiatives that were undertaken in 2011/12 include:oBusiness process re-engineering (lean management) pilot;oContinued appointment and training of maintenance officers and maintenance investigators; and oLocalised payment of Electronic Funds Transfer payments.

•The key deliverable of 2012/13 will be the extension of lean management to more sites and deployment of the first phase ICMS Maintenance to some courts. The department intends to fully implement the 3 year implementation plan of the Maintenance turnaround strategy by end of 2014/15 financial year.

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3: PROTECTION OF VULNERABLE GROUPS

Improved delivery of Maintenance Services, continued:

•In terms of Third Party Funds, the department has completed the following key activities that will assist with improved management of the fund:oTargeted training on Third Party Funds for court operations personnel (115 staff),oAppointment of 57 financially-qualified staff to assist with the management of Third Party Funds at courts,oDevelopment and approval of the accounting framework,oExternal Auditors taken through the new accounting framework, oFinalisation of Annual Financial Statements and submission to the Auditor- General.

•Currently 185 000 people receive payments via EFT: 85 000 beneficiaries in 94 courts are on the direct EFT payment at court level and 100 000 are facilitated at National Office. During 2012/13, the drive to pay beneficiaries at court level will continue.





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3: PROTECTION OF VULNERABLE GROUPS:

• The National Register for Sexual Offences (NRSO) enables easy access to information regarding people convicted of sexual offences against minors and people with mental disabilities. During the 2011/12 financial year, the NRSO registered 114 electronic submissions and 41 manual submissions and in 2012/13, the department aims to grow the proportion of electronic submissions to 78%. At the end of the 2011/12 financial year, a total of 2 340 offenders’ names were registered; and the Registrar received the convictions of 39 684 persons from SAPS, which are being verified before registering onto the NRSO.

• The National Registrar of Sexual Offenders will also undertake an intensive media and communication program in 2012/13, to inform everyone of the reporting obligations and consequences of being placed onto the database of the NRSO.

• The Department, in consultation with the Provincial Intersectoral Committee on Child Justice, has began the process of establishing 2 One Stop Child Justice Centres (OSCJC) in North West and Eastern Cape. The department plans to establish 4 additional one stop child justice centers in the next two years guided by the need.

• An investigation with recommendations into how to support and broaden the services of the already existing Centre in Bloemfontein, Mangaung, is in process of being finalised.


3.PROTECTION OF THE RIGHTS OF VULNERABLE GROUPS (CONT’D))

Addressing the scourge of Sexual Offences Against Women and Children:Establishment of Task Team to investigate and make recommendations to the Minister of Justice and Constitutional Development on the ‘re-establishment’ of dedicated Sexual Offences Courts, by 31 August 2012.Progress with specific cases in KwaZulu-Natal and Gauteng:

Child victims are being counselled and supported through Victim Empowerment Program and Social Development;

Child offenders are being monitored and managed through Provincial Child Justice Fora: Child in KZN has been referred for mental observation to a hospital; and Children in Gauteng have been released into their parents’ care pending the finalisation

of the Preliminary Inquiry on the 28th May 2012.Addressing the ‘defective’ Criminal Law Amendment (Sexual Offences and Related Matters) Act, 2007:

Appeal to the Supreme Court of Appeal in specific Prins-case; and Recommendations to Parliament to amend the relevant sections in the Act, in order to

respond to the findings of the High Court in the Western Cape, to ensure certainty in the

matter.

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3: PROTECTION OF THE RIGHTS OF THE VULNERABLE GROUPS(CONT’D)

Child Protection: Children’s Framework/ RegimeThe Government of the Republic of South Africa, regards the promotion and protection of children’s rights and responsibilities, as of paramount importance.Since 1994, a specific Children’s Framework has been put into place to protect and promote children’s rights in our communities.In spite of this fact, children continue to be abused, neglected and exploited.Therefore, a more intensive effort is needed to fight this scourge.

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Key international instruments in the protection of children’s rights

(a) RSA is a signatory or has ratified the following key international instruments:Universal Declaration of Human Rights;The United Nations Convention on the Rights of the Child;The Optional Protocol on the Sale of Children, Child Trafficking and Child Pornography;The Optional Protocol on the involvement of Children in Armed Conflict;The Hague Convention on the Civil Aspects of International Child Abduction;The African Charter on the Rights and Welfare of the Child; andThe Worst forms of Child Labour Convention.

(b) The Constitution of the RSA gives a baseline in section 28 – The Children’s Rights clause.


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Legislative provisions to implement children’s rights

Government has adapted our legislative frameworks accordingly as follows: The Criminal Law Amendment (Sexual Offences and Related Matters) Act, 2007 (Act No 32 of 2007), implemented in phases as from December 2007;The Children’s Act, 2005 (Act No 38 of 2005), implemented on 1st April 2010;The Child Justice Act, 2008 (Act No 75 of 2008), implemented on 1st April 2010;The Social Assistance Amendment Act (Act No. 5 of 2010) implemented in September 2010; The Domestic Violence Act, 1998 (Act No 116 of 1998);The Maintenance Act, 1998 (Act No 99 of 1998); andThe Prevention and Combating of Trafficking in Persons Bill, at present being deliberated upon by the Portfolio Committee on Justice and Constitutional Development.



The Children’s Act, 2005 (Act No 38 of 2005):The Children’s Act, 2005 (Act No. 38 of 2005) provides for a coordinated and integrated approach for government departments and civil society organizations to provide an effective response system for child victims and those at risk of abuse, neglect & exploitation.The implementation of the Children’s Act 38 of 2005 is important as this Act provides, amongst others, for the implementation of the Child Protection Register, which is provided for in Chapter 7 of the Act and is the main responsibility of the National Department of Social Development.The Children’s Courts are provided for in Chapter 4 of the Act.However, the implementation of the Act itself is very recent, since 1st April 2010, and the implementation there-of, has started to indicate some challenges.The challenges are being addressed in a co-ordinated way, by Government and the various Departments concerned.These initiatives include research into the impact of the Child Protection and Sexual Offences Registers on children.Possible recommendation for combination of the 2 Registers to streamline implementation, resources and reporting obligations.

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4: CONSTITUTIONAL ADVOCACY:

Constitutional advocacy and participation by the community through public policy dialogue, is one of the important pillars of our democracy. This is achieved by strengthening community based organisations and promotion of dialogue in communities.

Some of the projects concluded include:

1.The establishment of 28 community based centres to advise people on constitutional matters;2.The signing of contracts with 18 Civil Society Organisations dealing with Refugees, Asylum seekers and undocumented migrants; and3.Completion of the PEPUDA programme for implementation in 2012/13.

Funding for this programme will continue in 2012/13.



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5: CAPACITATION OF THE OFFICE OF THE CHIEF JUSTICE (OCJ)

•The Constitution Seventeenth Amendment Bill and the Superior Courts Bill will empower the Chief Justice to exercise oversight over the judiciary in respect of both the lower and superior courts.

•Necessary systems and protocols (including regulatory compliance) are being put in place for the Office of the Chief Justice to have its own vote as a national department. Both the OCJ and the DOJCD are working closely with National Treasury to achieve this objective.

•This framework enhances the independence of the Office of the Chief Justice and improves the collaboration and synergy between the OCJ and the DOJCD.



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Appropriate memoranda of understanding and protocols between the OCJ and the DOJCD are being put in place to ensure that functions and responsibilities that are performed by the department and fall under the mandate of the Office of the Chief Justice in terms of the Proclamation, are transferred to the OCJ, pending the amendments to the legislation concerned.

These responsibilities include:•The judicial governance functions envisaged in the Constitution Seventeenth Amendment Bill and the Superior Courts Bill, •Administrative functions emanating from the Judicial Service Commission Act of 1994 as amended, •The Constitutional Court Complementary Act of 1995, and •The South African Judicial Education Institute Act of 2008.

In the 2012/13 financial year, the OCJ will immediately, on a pilot basis, take over the responsibility for the Constitutional Court, Supreme Court of Appeal, the SAJEI, the Rules Board for the Courts of Law, and the Secretariat of the Magistrates’ Commission.



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In support of the capacitation of the Office of the Chief Justice, the department has seconded a number of officials to the Office of the Chief Justice to assist with implementation of human and financial resources in the newly established department. In this regard the OCJ have committed themselves to:

• Fill 95% of funded positions by the end of the 2013/14 financial year:

Currently there are 20 posts that have been advertised, including the post of the Secretary-General, CFO and heads of Internal Audit and HR.

• Ensuring that SAJEI is fully functional and that the balance of the governance structure is put in place. In spite of this, some training has already been undertaken and a target of training 1 073 judicial officers over the MTEF period is in place.

PROGRAMME 3: STATE LEGAL SERVICES


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PURPOSE:

To provide legal and legislative services to organs of state, supervise the administration of deceased and insolvent estates, as well as the liquidation of juristic persons, registration of trusts and management of the Guardian’s Fund.

OVERVIEW:

The discussion focuses on the following key areas relating to this programme, namely:

1.Legislative Development,

2.Masters’ Services and

3.Litigation and Legal Services.



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1: LEGISLATIVE DEVELOPMENT.

In support of the objective to develop legislation to further democratise society, the department plans to develop the following legislative instruments in the 2012/13 financial year:

Bills for tabling in parliament:1. Legal Practice Bill;2. South African Human Rights Commission Bill;3. Prevention and Combating of Torture Bill;4. Muslim Marriages Bill;5. Legal Aid Bill tabled in Parliament;6. Determination of Remuneration of Commissioners of Chapter 9 Institutions Amendment Bill; and7. Hate Speech Bill.



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Rules:

1. Rule amendments concerning payment for photocopies post the abolition of revenue stamps and court fees, developed;

2. Amendment to Rule 18 of the Supreme Court of Appeal Rules dealing with tariff of fees developed;

3. Court-based mediation rules developed;

4. Amendments to High Court Rule 31(5) dealing with granting of default judgments by registrars, to ensure judicial oversight in matters involving primary residences of defendants, developed; and

5. Amendments to High Court Rules 43(7) and (8): to amend and regulate the scale of fees chargeable by practitioners in pending matrimonial matters involving interim maintenance, costs contribution, interim custody of and access to children, developed.



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Research papers:

Research papers planned for the 2012/13 financial year, include the following:

1.Report on Sexual offences: Adult prostitution, developed;

2.Report on legislation administered by the Department of Basic Education, developed;

3. Report on legislation administered by the Department of Cooperative Governance and Traditional Affairs, developed;

4. Report on legislation administered by the Department of Defence and Military Veterans, developed;

5. Report on legislation administered by the Department of Justice and Constitutional Development, developed; and

6. Report on Assisted decision-making: Adults with impaired decision-making capacity, developed.

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2: MASTERS’ SERVICES:

• There has been a focus in the last year to move to new premises due to lease contracts expiring, an increase in demand for services and growth in personnel.

• As a result of the move, a number of challenges regarding service delivery were raised.

• The issues raised have now been resolved: o Both the Pietermaritzburg and Pretoria offices have successfully relocated

to new premises.

o Pietermaritzburg is fully functional and delivers at expected service standards. Pretoria is also fully functional, however the backlog problem is being addressed and should be concluded during the month of April.

• A meeting has been arranged with the legal profession to give a report on these issues.


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2: MASTERS’ SERVICES

The department has concluded the following initiatives to improve service delivery:

1. Training of more than 250 people on service delivery, in line with objectives;

2. The MOVIT solution has been extended to all Guardian’s Fund sites. This initiative has improved service delivery and will continue to assist with combating fraud and corruption;

3. In cases where cheques are issued, beneficiaries collect the cheques physically and their fingerprints are verified on MOVIT;

4. Several media interactions took place where Masters’ services were promoted on radio and television programmes; and

5. In larger offices, more experienced senior officials take turns in working on the frontline of the Master’s offices to assist in resolving enquiries without the need of escalations.




2: MASTERS’ SERVICES

The changes to the Masters’ indicators in the Annual Performance Plan, are as follows:

• Indicators that have been discontinued due to work being finalised:o Provision of a list of active liquidators on the internet; ando Module 1 and 2 of ICMS Masters have been completed and further developments are shown

under objective 4 on the current Plan.

• Indicators that have been included are:o The establishment of the Nelspruit office; and o The roll-out of the EFT payments in the Guardian’s Fund to 4 out of 6 offices, for improved

service delivery and combating of fraud and corruption.

• Indicators that have been changed:o A number of indicators were changed to ensure that the Masters are measured on

aspects that they have control over. The Master’s office intends to achieve the target of 90% of requests responded to within stipulated timeframe.

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3: LITIGATION AND LEGAL SERVICES:

A restructured State Legal Services envisages a consolidation of present structures rendering legal services to the State and greater co-ordination of these services. The main objectives of a restructured State Legal Services, is to:

• Create processes and infrastructure to ensure strategic management of state litigation;• Ensure co-operation, efficiency, effectiveness and the proper utilisation of resources in

the national interest;• Entrench alternative dispute resolution mechanisms as an essential component in the

management of State litigation;• Create a process to strategically manage the allocation of instructions/briefs to the

legal profession for effectiveness and transformational purposes and for better accountability and oversight; and

• Promote specialisation and instil greater confidence in all the State’s Legal Services though focused training and development.

The document envisages that the Head of State Legal Services will be responsible and

accountable for the implementation of the State’s litigation strategy.



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3: LITIGATION AND LEGAL SERVICES:

The Blueprint for the Management of State Legal Services, which was previously a stand-alone project, has now been incorporated as a Chapter in the Framework on the Transformation of the State’s Legal Services (released on 21 May 2012).

The Blueprint is intended to create greater efficiency in the management of state litigation by:

• Implementing clear guidelines regulating how State Litigation is to be

conducted;• Clarifying the roles and responsibilities of stakeholders (state attorneys and

government departments) in state litigation management; and• Setting out minimum qualifications for persons dealing with litigation.



Challenges regarding Library Services and Air-conditioners at the Supreme Court of Appeal in Bloemfontein:

Issues raised during the April 2012 Portfolio Committee-hearings, are being addressed by the Court Services Branch and the newly appointed Regional Head: Free State, Mr Khuse.

The new Virtual Library contract has been entered into in November 2011 and all Judges have access.

Challenges in relation to infrastructure and mending broken equipment, etc., are being taken up with the Department of Public Works.

Challenges at the South Gauteng High Court: A Task Team has been established between the Offices of Dr K de Wee,

Acting Secretary-General: OCJ and Adv. S Jiyane, Deputy Director-General: Court Services, to investigate the issues raised by the Judges and address these in a concentrated fashion within the next 6 months.

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PROGRESS ON ISSUES RAISED

Possible relocation of the Witness Protection Office from the NDPP to the DoJCD: A detailed discussion document has been submitted by the NDPP to the

Director-General and intensive internal consultations are on-going. A recommendation on the way forward, will be made after discussions with

the Minister of Justice and Constitutional Development.

Money spent in the in-house Litigation Unit up to date: The total expenditure was R52 194 468.

Monies recovered, owed to the Department: The total amount collected by 31 March 2012 was R615 470 645. This

amount includes amounts recovered for 2011 and 2012, and preceding years. Amounts owed are calculated on a regular basis and debt recovery in this regard is on an on-going basis.

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:

The progress with the Department’s Disaster Fund Recovery: The IT System is being strengthened in the present financial year, when the

additional funding requested, has been received. The Department has back-up systems for it’s electronic data, which can be

sourced when a disaster occurs, such as the Pretoria Magistrate’s Court fire, where the electronic data was recovered, even though the hardware had been destroyed.

Detailed proposals on requests for additional funding, to be submitted to Parliament and National Treasury: The Department is in the process of drafting the additional funding

motivations required for it’s critical under-resourced interventions and programs, including infrastructure and IT, which will be submitted to Parliament for consideration, for consideration when the Budget re-allocations are considered in August 2012.

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PROGRESS ON ISSUES RAISED

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The impact of the budget cuts will impact on the spending patterns in the provinces, but the Department wishes to assure the Select Committee of our commitment towards prioritising local and regional service points. The Department has accentuated the allocations to the Regional offices and structures in this presentation, for the purpose of requesting the Select Committee members to support the Annual Plan and Budget for 2012/13.

THANK YOU

CONCLUSION

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Annexure 1: Indicators and Target in the Annual Performance Plan 2012/13

ANNEXURES


INDICATORS AND TARGETS

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

OutputIndicators

Strategic Target

Audited performanceEstimated

2011/12

Performance

Targets

2008/09 2009/10 2010/11 2012/13 2013/14 2014/15

1.1 Percentage of activities on the approved audit action plan completed

- -

60% 100% 100% 100%

1.2 Percentage of audit projects on the approved audit plan completed by Internal Audit

- -

80% 81% 82% 83%

1.3 CARA funds distributed to beneficiary organisations by target date

- -

-By 28

Feb 2012

By 28 Feb 2013

By 28 Feb 2014

MODIFIED

MODIFIED


Objective 2. Improved management of fraud and corruption cases.

Output

indicatorsStrategic

Target

Audited performance Estimated

2011/12

Performance

Targets

2008/09 2009/10 2010/11 2012/13 2013/14 2014/15

2.1 Number of fraud and corruption staff awareness workshops conducted

120 - - 29 30 35 40 45

2.2 Percentage finalisation of new forensic investigations (< 1 year)

70% - - 33% 50% 60% 65% 70%

2.3 Percentage finalisation of older forensic investigations (> 1 year)

90% - - 53% 65% 70% 80% 90%

2.4 Percentage of integrity competence of senior management completed (vetting)

80% - - 22% 25% 68% 76% 80%


MODIFIED


Objective 3. Improved effectiveness of support services

Output

indicatorsStrategic

Target


2011/12

Performance

Targets

2008/09 2009/10 2010/11 2012/13 2013/14 2014/15

3.1 Number of priority courts to which the integrated security system is rolled out

160 70 - 7 50 24 46 -

3.2 Number of communication activities implemented in line with the integrated communication campaign.

120 communication activities over the MTEF

- - - - 40 40 40

3.3 Percentage of simple Presidential Hotline cases finalised within 30 days from date of receipt

97% - - 59% 41% 85% 95% 97%


MODIFIED

MODIFIED


Objective 4. Increased optimisation of automated systems

Output

indicatorsStrategic

Target


2011/12

Performance

Targets

2008/09 2009/10 2010/11 2012/13 2013/14 2014/15

4.1 All phases of ICMS Maintenance Courts completed by target date

All phases completed

- - - Phase 1 Phase 2 Phase 3 Phase 4

4.2 All phases of ICMS Masters’ Deceased Estates System completed by target date

All phases completed

- - - Phase 1 Phase 2 Phase 3 Phase 4

4.3 All phases of ICMS Masters’ Trusts System completed by target date

Phase 3 completed

- - - - Phase 1 Phase 2 Phase 3

4.4 All phases of the Third Party Fund system completed by target date

Phase 3 completed

- - - - Phase 1 Phase 2 Phase 3


MODIFIED


Objective 5. Improved human resources service delivery

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/09 2009/10 2010/11 2012/13 2013/14 2014/15

5.1

Vacancy Rate

9% 15% 10% 10% 10%

10%

9%

9%

5.2Percentage of grievance cases finalised

80% in the MTEF period

- - 36% 50% 60% 70% 80%

5.3Percentage misconduct cases finalised

95% in the MTEF period

- - 47% 65% 75% 85% 95%

5.4 Number of people trained in line with departmental objectives

21 000 3 127 2 595 4 717 6 048 6 500 7 000 7 500



Objective 6: Increased percentage of outstanding Truth and Reconciliation Commission victims who qualify for reparations per TRC recommendations.

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

6.1 Number of outstanding living TRC victims given access to the President’s Fund in terms of individual reparations

All 373 victims paid and process closed

74 38 6

250 of 373

373 of 373 - -

6.2 Number of rightful next-of-kins of outstanding deceased TRC victims given access to the President’s Fund in terms of individual reparations

All 502 victims paid and process closed

-

- 0 250 of 502 502 of 502 -

-

6.3 Number of regulations for providing assistance to the TRC victims gazetted and implemented

six sets of regulations are developed and implemented

- - one set of regulations on exhumations

3 sets of regulations on basic and higher education, and health

2 sets of regulations (community rehabilitation & housing

6 sets of regulations implemented

6 sets of regulations implemented


MODIFIED


Objective 7. Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/09 2009/10 2010/112012/1

32013/1

42014/1

5

7.1 Number of JCPS Cluster reports finalised and delivered to the Presidency

Eight quarterly reports until 2013/14

- - - 4 4 4 -

7.2 Number of IJS quarterly progress reports

Eight quarterly reports until 2013/14

- - - - 4 4


NEW

MODIFIED


Objective 8: Improved finalisation of activities in support of outputs of Outcome 3.

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/12 2012/13 2013/14

8.1 Number of cases on the backlog roll

Case backlog reduced to 34 857

42 682 38 563 37 791 37 035 36 295 35 569 34 857



Objective 9: Improved delivery of maintenance services

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

9.1 Percentage implementation of the Maintenance Turnaround Project

80% of all three years’ plan implemented

- - - 80% 100% of the Year 1 Plan

100% of the Year 2 Plan

100% of the Year 3 Plan


MODIFIED


Objective 10: Increased protection of the rights of vulnerable groups

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

10.1 Percentage of convictions recorded electronically on the NRSO

78% - - 11% 70% 72% 74% 78%

10.2 Number of additional one-stop child justice centres designated

4 - - 0 2

2

2 -



Objective 10: Increased protection of the rights of vulnerable groups

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

10.3 Percentage of family law cases involving fathers of children born out of wedlock resolved in mediation

100% - - - - 100% 100% 100%

10.4 Percentage of family advocates’ court reports filed within 15 days of enquiry

50% - - - - 50% 50% 50%

NEW

NEW



Objective 11: Increased access to justice services by under-serviced communities

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

11.1 Number of new court buildings completed

2 1 3 3 3

2 - -

11.2 Number of branch courts converted to full-service courts

24 - 15 -

19 24 - -

11.3 Number of small claims courts established in magisterial districts

82 16 new court

s

11 new court

s

26 new courts

30 new courts 24 24 24


MODIFIED


Objective 12: Improved delivery of services at the courts

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

12.1 Percentage of default judgments performed by the clerk of the court granted within 30 days (Lower courts)

65% over the MTEF period

- - - - 65% 65% 65%

12.2 Percentage of unopposed taxations processed within 30 days from the date the matter is set down (Lower courts)

65% through the MTEF period

- - - - 65% 65% 65%

NEW

NEW



Objective 13: Capacitation of the Office of Chief Justice

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

13.1 Percentage of positions filled

95% of all funded posts filled by 2013/14

- - 20% 60% 80% 95%

-

13.2 Number of judicial officers trained by SAJEI

1073 people trained during the MTEF period

- - - - 350 367 386

NEW

NEW



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

Indicators


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/13 2013/14

14.1 Percentage of Letters of appointment issued in deceased estates within 15 days from receipt of all required documents


- - - 90% 90% 90% 90%

14.2 Percentage of Liquidation and Distribution Accounts in large estates (> R 125 000) examined within 15 days from receipt of all required documents


- - 90% 90% 90% 90%

14.3 Percentage of beneficiaries in receipt of services within 40 days (Guardian’s Fund)


- - 90% 90% 90% 90%


MODIFIED



Indicators


2011/12

Performance

Targets

2008/92009/1

02010/11 2012/13

2013/13

2013/14

14.4 Percentage of Certificates of Appointment issued in all bankruptcy matters within 10 days from receipt of all required documents


- - 90% 90% 90% 90%

14.5 Percentage of Liquidation and Distribution Accounts in bankruptcy matters examined within 15 days from receipt of all required documents


- - - 90% 90% 90% 90%

14.6 Percentage of Letters of Authority issued in Trusts within 14 days of receipt of all required documents

90 % over the MTEF period

- - 90% 90% 90% 90%


MODIFIED



IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/102010/1

12012/13 2013/14 2014/15

14.7 Percentage completion of the project to establish a Master’s office in Nelspruit

100% - - - - 100% - -

14.8 Percentage of Guardian’s Fund money paid through the EFT system


- 90% 90% 90%

NEW

NEW



15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/142014/1

5

15.1 Percentage implementation of the project for improved access to justice, including restorative justice mechanisms for vulnerable and marginalised groups

100% completed by 2012/13 financial year

- - - 100% 100% - -

15.2 Percentage implementation of the project to increase awareness and knowledge of constitutional rights for vulnerable and marginalised groups


- - - 100% 100% - -



15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

15.3 Percentage implementation of the project to enhance participatory democracy through public policy dialogue and strengthening the capacity of community-based organisations


- - - 100% 100% -

15.4 Number of activities towards the improvement in PAJA compliance

- - - 3 2 - -

15.5 Percentage level of compliance with PAIA by DoJ&CD

100% - - 100% 100% 100% 100% 100%



16. Improved provision of legal services to the state organs

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

16.1 Percentage of value of briefs allocated to PDIs

85% - - 70% 70% 75% 75% 85%

16.2 Percentage of successfully concluded cases by the state attorney


- - - - 50% 50% 50%

16.3 Percentage of legal opinions finalised within 15 days from date of receipt

85% - - 60% 70% 75% 80% 85%

16.4 Percentage of preliminary opinions on draft bills for Cabinet’s consideration completed within 15 days of receipt

93% - - 85% 87% 90% 93%

NEW


MODIFIED


16. Improved provision of legal services to the state organs

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

16.5 Percentage of bills and other legal instruments scrutinised or certified within 20 days of receipt

93% - - 85% 87% 90%

93%

16.6 Percentage of translations finalised within stipulated turnaround time

100% finalised within 50 days

- - 100% within

70 days

100% within

65 days

100% within

55 days

100% within

50 days

100%

within

50 days

16.7 Reduction in turnaround time for preparation and approval of valid requests for extradition (notification) and mutual legal assistance in criminal matters

100%

finalised within one week

- - 100% within one month

100% within three weeks

100% within two weeks

100% within one week

100% within one week



17. Legislation developed for effective and efficient justice services

IndicatorsStrategic

Target


2011/12

Performance

Targets

2008/9 2009/10 2010/11 2012/13 2013/14 2014/15

17.1 Number of legislative instruments developed

25 Research publications: 100%

Bills: 11Subordinate legislation:

18

Research publications: 89%

Bills: 133%(16 out of 12) Subordinate

legislation:185%(26 out of 14)

Research publications: 120% (18 out of 15)

Bills: 125%(15 out of 12) Subordinate

legislation343%(48 out of 14)

20 20 2 3


SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT STRATEGIC PLAN AND ANNUAL PERFORMANCE...

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