DOJ&CD Annual Report 2006/07: Briefing to Select Committee on Security and Constitutional Affairs

1. Annual Report :2006/07 Briefing to Select Committee on Security and Constitutional Affairs 14 November 2007 1

2. Overview of Presentation 2 • DOJ& CD Strategic Overview • Programme Performance • Financial Performance • Human Resources • DOJ&CD Challenges

3. DOJ& CD Strategic Overview 3 • The Department of Justice and Constitutional Development’s three key strategic goals are - enhancing access to justice for all - enhancing organizational efficiency - transforming justice state and society • The department’s focus on these three key strategic goals is reflected in the deliberate shift in the allocation and utilisation of the financial and human resources • Our resource allocations demonstrate the concerns we have in addressing the historical inequalities in the distribution of justice services and resources to the people living in marginalised areas such as townships and rural areas

4. Access to Justice services 4 Infrastructure Investment • R308 million spent on infrastructure in 2006/07 • R60 million was spent on upgrading • Six new buildings are presently in construction at Daveyton, Motherwell, Colesberg,Tsakane, Sekgosese and Augrabies • Major additions are currently in progress at the Supreme Court of Appeal, Mitchell's Plain, Polokwane and Stanger • An additional 35 Mobile courts were deployed to sites where periodical courts are currently held in police stations and correctional facilities

5. Access to Justice services 5 • Court Security • The department installed 126 X-ray machines,191 walk through metal • detectors and 19 close circuit televisions • A total of 154 courts have been burglar proofed • 124 Courts have been secured with perimeter fencing • Guarding Services 4 164 Offices were provided with guarding services • Cash in transit 346 offices were provided with cash in transit services,

6. Access to Justice services 6 • Awareness programmes on Equality courts, Victims Charter as well as child and spouse maintenance were launched. • Victims Charter- A 5 Year National Implementation Plan was developed, stakeholder briefings were held on the Service Charter for Victims of Crime. The implementation of the Charter will continue with an increased focus of educating victims about their rights and the services they can expect at courts • Through Operation Isondlo services in respect of Maintenance have increased thereby ensuring greater access to maintenance for women and children – through the EFT payments project 13000 beneficiaries are receiving payments directly into bank accounts on a monthly basis

7. Access to Justice services 7 Public Education and Communication Services • Dissemination of departmental information took place on a large scale in the form of printed material, participation in community radio stations, magazine articles, the departmental website and intranet • 550 media enquiries dealt with, 122 press statements, five media conferences and 32 radio and television interviews arranged • 4 information session held with NGO’s and 7 workshops conducted with various NGO’s

8. Enhancing organizational Efficiency 8 The Department has allocated a large percentage of its budget towards the implementation of various modernization projects. • The E-scheduler system has been implemented in 436 Courts, totaling a number of 3389 users. This system enables the Courts to schedule cases properly, identify and address backlogs and blockages. • In addition, aScanning Solution has also been developed to assist with the scanning of all relevant court documents. A total of approximately 280 scanners have been procured and placed at various courts throughout the country in all provinces. • The Video Postponement Project is another modern system that has transformed the way the Department resolves court cases. In a period of 12 months, approximately 4899 remands were concluded without the detainee leaving the correctional facility.

9. Enhancing organizational Efficiency 9 • A Digital Recording System has been installed in all the High Courts and it’s rollout to magistrates’ courts is currently underway. The system has currently been installed in 186 courts, including the 13 High Courts and 4 Labour Courts • Roll out of basic IT infrastructure – The total number of sites networked to date is 529 (this constitutes 94 % of all sites country wide) • The Department is further improving the modernization of deceasedand insolvent estate services. This computerized system (IADE solution) will enable the Masters Office to eliminate double registration of estates, based on an ID verification tool . • The department is automating the Guardians Fund system. This has been rolled out in 3 of the 6 Masters offices. This electronic system will assist in the reduction of fraud and in speeding up the payment system.

10. Enhancing organizational Efficiency 10 Justice Deposit Account System: The solution was rolled out to 3 sites identified by “Special Assignment” as hot spots of non service delivery. The fourth site is a work-in-progress. All nine regions are currently in the process of rolling out the solution to regional sites.

11. Enhancing organizational Efficiency 11 • Strengthening the departments personnel establishment • The Department reduced the number of temporary employees and • acting appointments • The establishment grew by 7,2 per cent with the creation of 1017 new • posts • The Department appointed 345 clerks , 215 court managers ,142 • maintenance investigators, 100 family councillors and 85 • maintenance officers • A total of 77 legal interns were appointed to help fast track maintenance • backlogs • 45 candidate attorneys have been placed in the State Attorney’s office

12. Transformation of justice State and Society 12 • Bills introduced into Parliament: • The Repeal of the Black Administration Act and Amendment of Certain Laws • Amendment Bill. • The Regulation of Interception of Communications and Provision of Communication- • related Information Amendment Bill • The South African Judicial Education Institute Bill. • Civil Unions Bill. • Bills before Parliament /Ready for Introduction • The Criminal Law (Sexual Offences and Related Matters) Amendment Bill • The Judicial Service Commission Amendment Bill Bills : • The Criminal Law (Sentencing) Amendment Bill. • The Jurisdiction of Regional Courts Amendment Bill . • The Constitution Thirteen Amendment Bill • The Magistrates’ (Appointments) Amendment Bill

13. Transformation of justice State and Society 13 • Review of the Criminal Justice System • A project office was established and staff appointed. Plans of action aligned with the Integrated project plan were drafted . Implementation has commenced in June 2007 • Increasing the Pool for appointment of female Judicial Officers • 23 women selected to undergo Judicial education programme in 2007/08 • Re alignment of jurisdictions of Magisterial courts • 24 Branch courts analyzed and ready for proclamation in 2007/08 • An Analysis of the outstanding 66 branch courts and 230 Periodical courts to be completed by 2007/08 • Legal Services Charter – substantial work has been undertaken to finalise the development of the Legal Services Sector Charter

14. Transformation of justice State and Society 14 South African Women Lawyers Association • Launched and hosted the SAWLA National Indaba • Facilitated the hosting of the SAWLA provincial workshops and forged partnerships with tertiary institutions Regulations issued Regulations in terms of sections 5 and 7 of the Maintenance Act, 1998, relating to maintenance investigators, were prepared and published. Practical Guidelines required by the Protected Disclosures Act, 2000, were prepared and submitted to Parliament A Code of Good Administrative Conduct, as envisaged in the Promotion of Administrative Justice Act, 2000, has been prepared.

15. Programme Performance 15

16. Programme Performance 16 Court Performance • The statistics reflecting the performance of the lower courts, during the period from April 2006 to March 2007, • During this reporting period an average of 1493 courts finalised 284 030 cases with a average conviction rate of 86%. • In addition thereto a further 44 256 cases were diverted. • At the end of March 2007, a total of 1 055 971 cases were enrolled of which 720 354were removed from the roll. • The latter includes cases withdrawn, transferred, struck from • the roll and warrants issued due to failure of accused to attend • court sessions.

17. Programme Performance 17 Court Performance: Court Hours • The effective utilization of court hours remains a good indicator of the overall performance of a court. • District courts managed an average sitting of 4h00 per day, which is a marginal decrease from the 4h08 managed during 2005/2006..

18. Programme Performance 18 Conviction rates • The Lower Courts maintained high conviction rates. • The District Courts exceeded their target of 85% with 1% by maintaining an 86% conviction rate. • The Regional Courts managed not only to exceed their target of 70% with 2% but have improved the 71%, maintained during the previous year..

19. Programme Performance 19 Case finalization • The target set for the finalization of cases in the Lower Courts during the current financial year were a total of 392 732 cases (5% increase over 12 months), with a monthly target of 32 728 cases. • At the end of March 2007 , the Lower Courts managed to finalize a total of 375 436 cases with a monthly finalization rate of 31 286 cases per month.

20. Programme Performance 20 Outstanding roll - Lower Courts • The number of outstanding cases in the Lower Courts at the end of March 2007, comprised 191 371 cases of which 35 651 (19.1%) were backlog cases. • Compared to the outstanding roll at the end of March 2005, the outstanding court roll decreased with 6.3% and backlog cases increased with 4.9%.

21. Programme Performance 21 Key performance Indicators • Constitutional Court 71,6 % of new cases finalised against a target of 80% • Supreme Court of appeal 87% of overall criminal appeals and 85% of civil appeal petitions finalised against a target of 80% per year • High Courts 1185 cases finalised with 1214 still outstanding • Family Advocate 8770 enquires conducted (against a target of 8000) of which 6975 was finalised

22. Programme performance: Vulnerable Groups 22 Cases involving Children and Families dealt with – 2006/07

23. Programme performance: Vulnerable Groups 23 Cases involving Children and Families dealt with – 2006/07

24. Programme performance: Vulnerable Groups 24 Maintenance matters – Operation Isondlo • The following figures show number of enquiries finalised, and orders served: • Enquiries finalised 56 451 • Applications new orders 66 924 • Orders by default 5 680 • Section 31: finalised 14 952 • No of attachment emolument orders 13 554 • No. of warrants of execution 1 350 • Attachment of debts 687 442

25. Programme performance 25 • State Law Adviser Services • In 2006, the State Law Advisers received a total of 578 briefs, consisting of 173 legal opinions, 346 international agreements and 59 draft regulations. A total of 566 briefs were finalised • Legislative Drafting Services • In 2006 the Drafting Unit scrutinised a total of 87 Bills, consisting of 49 new Bills and 38 Bills carried forward from 2005. • The office certified a total of 31 Bills. During the year the Drafting Unit worked a total of 17 618 hours of which 869 were spent after hours

26. Programme performance 26 Master of the High Court Deceased Estates The Masters attended to 15 000 more deceased estate matters than the previous year. This is a growth of about 15 %. Insolvency The number of reported Insolvency matters is declining. There are about 17% less matters reported than the previous year. Guardian’s Fund The total number of receipts into the Guardian’s Fund for the current financial year was 15 738 to the value of R 710 million. That is up 28% in number from the previous financial year. The total number of payments from the Guardian’s Fund for the financial year was 52139 to the value of R 379 million. That is up 14% in monetary value from the previous financial year.

27. Programme performance 27 Master of the High Court

28. Programme performance 28 • The Truth and Reconciliation Commission Unit (TRC) • In keeping with the Presidential mandate given on 15 April 2003 in Parliament, the Truth and Reconciliation Commission (TRC) Unit was established with a view to audit, monitor and coordinate the implementation of the TRC recommendations and render victim support services. . • For the interim and once-off individual grants, R519 million was paid out to 15 610 Beneficiaries. 1 227 outstanding beneficiaries are being traced. • The Department has identified reparations of a non-monetary nature , namely: • a)Symbols and Monuments • b) Medical benefits and other forms of social assistance • c) Rehabilitation of communities

29. 29 Financial Performance

30. Expenditure outcome 2006/07 Vote:22 Department of Justice and Constitutional development 30 Final appropriation R4,893 billion Actual Expenditure R4.469 billion Unspent : R424 million (of which R261 million - approved roll over) Expenditure Percentage – 91,3 %

31. Expenditure outcome 2006/07 Vote:22 Department of Justice and Constitutional development 31

32. Expenditure outcome 2006/07 Vote:22 Department of Justice and Constitutional Development 32

33. Expenditure outcome 2006/07 Vote:22 Department of Justice and Constitutional development 33 • Major reason for under spending • Savings on personnel because of vacancies and staff turnover; • Savings in operational cost because of delays in appointments • Delays in the Moneys in Trust Project • Under spending on Capital Works (Buildings and Fixed Structures)

34. 2006/07 BUDGET RE-PRIORITISATION 34

35. Audit Outcomes President’s Fund 35 • Unqualified audit report • No emphasis of matter • Housekeeping matter: Investment strategy

36. Audit Outcomes Vote: DOJ&CD 36 Qualified audit report • Third Party Funds (MIT) • Asset Management Emphasis of matter and other matters reported • Contingent liabilities i.r.o Third Party Funds • Inadequate general controls on the computer environment • Financial interest declaration of senior management not done in time • Major adjustments to annual financial statements • Investigation into awarding a contract to a supplier • Lack of Human Resource Plan – vacancy rate of 23% • Performance information

37. Audit Outcomes 37 Vote: DOJ&CD Qualification on Third Party Fund • Third Party Funds (MIT) separate financial statements • No defining legislation that governs the existence, processes and operations • Legal opinion obtained, but the Auditor-General and National Treasury did not accept the legal opinion • Third Party transactions should not be disclosed separately but should be part of the Vote Way forward • CFO to investigate the most suitable way to incorporate the information in the Vote financials • Will remain qualification until the finalisation and implementation of the PPP • The disclaimer of audit opinion on Third Party Fund will become applicable to the Vote if the administration is not improved

38. Audit Outcomes 38 Vote: DOJ&CD Qualification on Assets • The following deficiencies, amongst others, were identified mainly due to ineffective asset management: • the asset register was not updated with all additions for the year; • we could not obtain the asset register that agrees to the closing balance stated • The asset count was not sufficient as the existence of the assets in the regions could not in all instances be verified and asset could not in all instances be traced to the asset register. • The AG unable to confirm the completeness, existence of assets and accuracy of the closing balance of the assets Way forward – See also Audit Action Plan • National Treasury to provide training for asset controllers • Appointment of asset managers in the regions • Scanners to be used for asset verification • Increased follow up by National Office on the status of assets by performing spot checks after asset verifications • Disciplinary action

39. Audit Outcomes 39 Third Party Funds (MIT) Disclaimed audit report • Inadequate financial records • Supporting documentation not submitted for audit purposes Emphasis of matter and other matters reported • Deficiencies in the control environment due to non-compliance to departmental policies and procedures • Legal status of Third Party Funds • Fraud investigations

40. Audit Outcomes 40 Third Party Funds (MIT) Disclaimed audit report AG could not express an opinion on the financial statements • Inaccurate financial records resulted in inaccurate financial statements • Manual systems in use • Offices did not submit financial information for inclusion in financial statements • Incomplete financial records and could not be reconciled. • Inadequate reconciliations • Opening balances and closing balances not reliable and auditable • No reconciliations between trust monies and trust creditors Way forward • Finalisation of PPP • Disciplinary actions against non performing officials

41. 41 Human Resources

42. Employment and Vacancies 42

43. Staff Turnover rates per critical occupation 43

44. Reasons why staff are leaving the department 44

45. Labour Relations: Misconduct Types 45

46. SKILLS DEVELOPMENT 46

47. 47 DOJ&CD Challenges

48. 48 DOJ&CD Challenges • Improvement of organizational performance – financial and non financial • Enhancing internal control • Investment in IT business solutions • Human resource investment – staff development and recruitment • Remuneration framework for legally qualified personnel • Infrastructure investment – continues enhancement and roll out of service delivery points • Strengthening cluster and inter departmental relations and operations • Legislative and policy reforms • Enhancing services to vulnerable groups