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DEPARTMENTAL FIRST QUARTER PERFORMANCE REPORT

This report provides an overview of the Department of Justice and Correctional Services' performance in the first quarter, including information on administration, court services, state legal services, and auxiliary services.

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DEPARTMENTAL FIRST QUARTER PERFORMANCE REPORT

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  1. DEPARTMENTAL FIRST QUARTER PERFORMANCE REPORT Portfolio Committee on Justice and Correctional Services 22 August 2017

  2. CONTENTS • Introduction • Performance overview • Programme Performance 3.1 Programme 1: Administration 3.2 Programme 2: Court Services 3.3 Programme 3: State Legal Services 3.4 Programme 5: Auxiliary and Associated Services 4. Conclusion

  3. INTRODUCTION 1. INTRODUCTION Vision Justice for all in South Africa Mission To administer an efficient and responsive justice system Principles And Values Commitment to constitutional values and a culture of human rights; Rule of law; Excellence; Good Governance; Responsiveness; and Accountability.

  4. INTRODUCTION 1. INTRODUCTION Strategic Goals The Department of Justice and Constitutional Development (DoJ&CD)’s mandate is to enable all in South Africa to access justice services. In promoting this, the Department continued in the period under review with the pursuance of the following strategic goals: • Optimisation of the use of the people, processes and technology to meet service delivery and good governance requirements. • People-centred justice services that are accessible, reliable and efficient. • Corporatized, cost effective and integrated quality legal services to proactively protect the interest of the state. • Promoting of constitutionalism , human right and commitment to international legal relations

  5. PERFORMANCE OVERVIEW 1. INTRODUCTION During the quarter under review ,the Department achieved targets on 43 of the 60 indicators with targets. This translates to 72% of targets achieved.

  6. 1. INTRODUCTION PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION

  7. PROGRAMME 1 PERFORMANCE 1. INTRODUCTION • The purpose of this programme is to provide strategic leadership, management and support services to the Department. • Strategic Objectives • Increased compliance with prescripts to achieve and sustain the unqualified audit opinion.

  8. PROGRAMME 1 PERFORMANCE 1. INTRODUCTION 1.1 The internal audit plan for the current financial year was approved by the Audit Committee. This plan consists of 282 audit projects. During the quarter under review, a total of 45 audit projects were completed by the Internal Audit unit. 1.2 There is no target set for this indicator for the quarter under review.

  9. PROGRAMME 1 PERFORMANCE 1. INTRODUCTION Expenditure Report The programme’s expenditure for the first quarter amounted to R381 million against a budget allocation amounting to R2.129 billion. There was an underspending on accommodation charges due to a disputed invoice. This invoice is expected to be paid during the month of August.

  10. 1. INTRODUCTION PROGRAMME PERFORMANCE PROGRAMME 2: COURT SERVICES

  11. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION The purpose of this programme is to facilitate the resolution of criminal and civil cases, and family disputes by providing accessible, efficient and quality administrative support to the courts. Strategic Objectives An efficient and effective criminal justice system that contributes to the realisation of Outcome 3: “All people in South Africa are and feel safe” An efficient and effective victim and witness support system Enhanced and integrated family law services Increased access to courts to historical marginalised communities Efficient and effective civil justice system Transformation of the South Africa legal system enhanced

  12. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 2.1 Briefing to JCPS DG and Ministers Cabinet Committee Forum was done in May and June 2017. Following further consultations, The document is expected to be finalised by the end of the financial year. 2.2 Draft terms of reference and Framework for CJS were completed, however, awaiting approval.

  13. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 2.3 As at the end of the first quarter, 238 cases from the outstanding roll of 131 701 cases were postponed due to the unavailability of court administration staff. 2.4 Need assessments were conducted with Regions with current backlog courts. Consultations with all stakeholders regarding the 17 courts is underway.

  14. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 3.1 Two sexual offences court rooms were established at Madadeni Regional Court during the quarter under review. The target of 4 was not met due to delays in the allocation of capital funds for sexual offence courts. A request for urgent allocation of funds to the regional offices for upgrading the identified sexual offences courts is underway. 3.2. As at the end of the first quarter, 1356 Child Justice Preliminary Inquiries cases were recorded and finalised within 90% after the first time appearance.

  15. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 4.1. The Department processed 10 803 maintenance cases where defendants were served with proper service of process at pilot site and 8 870 of these maintenance cases were finalised within 90 days after proper service of process. 4.2. During the quarter under review, a total of 2 299 reports were filed and 1 354 reports were finalised within 6 months from the date of opening the matter, translating into 59% performance.

  16. PROGRAMME 2 PERFORMANCE 4.3. During the quarter under review, the Department finalised 3 446 out of 27 395 matters in relation to non-litigation, litigation family law and maintenance cases that were older than 6 months from date of opening a file. Capacity constrained resulted in target not met, however, the process is underway to strengthen the existing offices as well as capacitating newly established offices.

  17. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 5.1 The rationalisation of magisterial districts in respect of the Eastern Cape, KwaZulu Natal and Western Cape provinces is part of the rollout of the rationalisation project earmarked for completion during 2017/18 financial year. During the quarter under review, the draft reports of the Regional Coordinating Committees (RCCs) for the KwaZulu Natal and the Eastern Cape were submitted to for analysis. RCC workshops were held on 20 and 28 June 2017 in KwaZulu Natal and Eastern Cape provinces respectively. Follow-up RCC meetings to finalise the reports in respect of the Eastern Cape and KwaZulu Natal provinces will be held during the second quarter.

  18. PROGRAMME 2 PERFORMANCE 5.2. During the quarter under review, overall building project progress for Port Shepstone Magistrate Court to date is 82%. The Revised Contractual Completion date is estimated at 30 August 2017. Mpumalanga High Court overall project progress is 95%. The project has stalled due to variation orders that are currently under review.

  19. PROGRAMME 2 PERFORMANCE 5.3. In the quarter under review, the implementation of the Rationalisation of Magisterial Districts Project in respect of the High Courts is in its third year. In terms of the incremental approach, attention will be given to the Gauteng and Mpumalanga which are planned for implementation in August 2018. The reports and proposed areas of under the jurisdiction of the Gauteng and Mpumalanga Divisions of High Court will be presented to the PEECs of the two provinces during month of July 2017 for comments.

  20. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 6.1 The roll out at 3 provinces namely; Gauteng (10), Limpopo (14) and North West(10) and the state of readiness is almost complete. The regional offices had identified personnel to under go training at the sites. A proclamation of the sites will be published before the end of second quarter. 6.2 During the quarter under review, the Department processed a total of 1 942 of unopposed taxations matters and 1 918 of those matters were processed within 14 days from the date set down.

  21. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 7.1 Research on applicable Constitutional, Legislative and Policy Framework is on-going. A team led by a Senior State Law Adviser has been established and will provide a draft concept document at the end of second Quarter .

  22. PROGRAMME 2 PERFORMANCE 7. 2 The on-going desk-top research continues on the Russian and Brazilian models of court administration has commenced. Constitutional experts from the academia or legal profession are in the process of being identified to assist with further research and project management. review of indicator description has been completed, in process of been approved.

  23. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION 7.3. A draft Cabinet Memorandum on the assessment of Constitutional Court and Supreme Court of Appeal has been prepared for processing to Cabinet. The assessment will form part of the theme on Progressive Jurisprudence in the Discussion Document. A review of indicator description has been completed, in process of been approved.

  24. PROGRAMME 2 PERFORMANCE 1. INTRODUCTION Expenditure trends • The programme’s expenditure for the first quarter R1. 124 billion against the budget allocation amounting to R6. 277 billion • The under spending can be attributed to delays in processing IDT and DPW payments due to late submission of invoices.

  25. 1. INTRODUCTION PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES

  26. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION The purpose of this programme is to provide legal and legislative services to government, supervise the registration of trusts and the administration of deceased and insolvent estates and estates undergoing liquidation, manage the Guardian’s Fund and prepare and promote legislation. Strategic Objectives 8. Increased efficiency in the provision of Masters services to all beneficiaries thereof 9. Improved management of litigation on behalf of the state to reduce litigation costs and transform the legal profession 10. Enhance re-integration of petty offenders into socio-economic environment 11. Provision of quality legal advisory services which pass constitutional muster 12. Fulfilment of International Obligations by the Department 13. Development of legislative instruments that withstand constitutional challenges 14. Promotion of broad based knowledge about and support for values of equality, human dignity and fundamental human rights

  27. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 8.1 A total of 34 783 letters of appointments in deceased estates were issued of which 33 438 appointments were issued within 15 days from receipt of all required documents during the quarter under review. 8.2 During the quarter under review, a total of 12 225 liquidation and distribution accounts in large estates were examined, of which 11 543 of these accounts were examined within 15 days from receipt of all required documents.

  28. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 8.3 In the quarter under review, 11 002 beneficiaries of Guardian's fund were in receipt of services and 10 776 were in receipt of Guardian's Fund services within 40 days of receipt of all required documents. 8.4 During the quarter under review, 1 995 certificates of appointments in all bankruptcy matters were issued and 1 853 of these appointments were issued within 10 days from receipt of all required documents.

  29. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 8.5 In the period under review,1 967 liquidation and distribution accounts in bankruptcy matter were examined and 1 868 out of these accounts were examined within 15 days from receipt of all required documents. 8.6 During the quarter under review, 6 355 letters of authority were issued in trusts of which 5 681 of those were issued within 14 days from receipt of all required documents. Capacity constraints and the moratorium on filling of posts led to the target not being met. 8.7 A total of 33 710 new deceased estates were registered, of which 33 443 were registered on the PEAS.

  30. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 9.1 The Department objective is to reduce the litigation cost incurred by the state and reduce the high volume of cases brought before courts which results in exorbitant legal cost to the state. During the quarter under review, the Department finalised one litigation case through mediation. 9. 2   During the first quarter, the Department briefed counsel on matters to the value of R208 315 907.52 and R166 079 771.90 of which was paid to previously disadvantaged counsel.

  31. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 9.3 The Department had data challenges, the progress will be reported in second quarter. 9.4 A total of 81 litigation cases were presented at High Court and 79 of these cases were finalised in favour of the state. 9.5 During the quarter under review, the Department paid a total of 1594 briefs and 593 briefs were allocated to female counsels, translating to 37% performance. 9.6 The Department had data challenges, the progress will be reported in second quarter.

  32. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 10.1,2 &3 -There is no target set for these indicators ,however progress is underway. NB 10.1 – There are indications that an extension has been granted for 31 October

  33. 11.1 The Department finalised a total of 146 legal opinions for the quarter under review of which 138 were finalised within 40 days of receipt of the instruction. 11.2 During the quarter under review, the department finalised 23 preliminary opinions and all 23 were finalised within the prescribed time frame of 40 days from the date of instruction. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION

  34. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 11.3 In the quarter under review, the Department finalised 49 suggested Bills, Regulations and Proclamations and 48 were finalised within the prescribed time frame of 40 days from the date of receipt of instruction. 11.4 During the quarter under review, a total of 51 International Agreements and accompanying Legal Opinions were finalised and all 51 were finalised within 30 days from the date of the receipt of the instruction.

  35. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 11.5 A total of seven Draft Bills were received and approved by cabinet for introduction within 40 days of the receipt of the instruction. 11.6 The Department finalised a total of 36 translations, of which 31 of these were finalised within the prescribed time frame of 55 days from the date of receipt of the instruction.

  36. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 12.1 The Department strive to comply with South Africa’s international obligations in terms of ratified treaties and international agreements, progress is underway for the country reports that must be deposited to the United Nations and African Union:

  37. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 12 .2 The Department processed 16 valid requests for extradition and mutual legal assistance in criminal matters and 12 were finalised within 25 days. 12. 3 There is no target set for this indicator for the quarter under review.

  38. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 13.1 Nine legislative instruments were submitted to the Minister for approval. 13.2 During the quarter under review, eight research papers were submitted to the South African Law Reform Commission for consideration and approval.

  39. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 13.3 The department completed an 5 court rules, which were submitted to the Rules Board for consideration and approval. 13.4 Twelve socio-economic impact assessments reports and exemption applications were submitted to the DPME for certification.

  40. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 14.1 There were initiatives conducted through Facebook and Twitter to promote awareness and knowledge of the Constitution. As at the end of the quarter under review a total of 125 554 people were reached through social media. 14.2 There is no target under this quarter, however, progress is underway. There are indications that good progress has been made for 14,1

  41. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 14.3 There is no target for the quarter under review. However, progress underway. 14.4 There is no target set for the quarter under review. FHR signed a contract with Studies in Poverty and Inequality was in April to develop tools for monitoring socio-economic rights.

  42. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION 14.5 The interface between government, civil society and beneficiary communities is the cornerstone of building a culture of human rights. This programme strengthens participatory democracy at all levels of government through public policy dialogues. As at the end of the quarter under review, the following five policy dialogues were held with stakeholders. 14.6 The Department has embarked on initiatives to raise awareness of the challenges faced by refugees, which include discrimination, xenophobia and related intolerances. As at the end of the first quarter, one anti-xenophobia campaign was conducted. There are indications that good progress has been made for 14,5

  43. PROGRAMME 3 PERFORMANCE 1. INTRODUCTION Expenditure trends • The expenditure for Programme 3 the first quarter amounted to R266 million against the budget allocation amounting to R1.221 billion.

  44. 1. INTRODUCTION PROGRAMME PERFORMANCE PROGRAMME 5: AUXILLIARY AND ASSOCIATED SERVICES

  45. PROGRAMME 5 PERFORMANCE 1. INTRODUCTION The purpose of this programme is to provide a variety of auxiliary services, fund transfer payments to the South African Human Rights Commission, the Office of the Public Protector, Legal Aid South Africa, the Special Investigating Unit, and the President’s Fund. This programme consists of the following sub-programmes; • Legal Aid South Africa • Special Investigating Unit • Public Protector of South Africa • South African Human Rights Commission • Justice Modernisation • President’s Fund Strategic Objective The following strategic objective relates to the work within this programme that is implemented by the DOJ&CD (Justice Modernisation); 18. Functional integrated electronic Criminal Justice System (CJS) to monitor the performance of the Criminal Justice System established.

  46. PROGRAMME 5 PERFORMANCE 1. INTRODUCTION 18.1 DCS Integration has been fully established and currently awaiting signoff by relevant stakeholders before going in production. The following five government department and entities are fully connected to the Integrated Justice System to exchange information: South African Police Service Department of Home Affairs Department of Justice and Constitutional Development National Prosecuting Authority of South Africa Legal Aid of South Africa

  47. PROGRAMME 5 PERFORMANCE 1. INTRODUCTION 18.2 Data was uploaded into the production data warehouse to measure and monitor the 18 KPIs that have been deployed to the KPI Dashboard. Historical data uploads continued to be uploaded into the IJS Transversal Hub on a monthly basis. Ongoing maintenance, support and enhancement were undertaken.

  48. PROGRAMME 5 PERFORMANCE 1. INTRODUCTION 18.3 During the quarter under review, all milestones/tasks with regards to the setup of an integrated quality assurance lab for the departments listed below were tested and testing certificates were signed off. Department of Justice and Constitutional Development Department of Correctional Service National Prosecuting authority

  49. PROGRAMME 5 PERFORMANCE 1. INTRODUCTION Expenditure trends • The expenditure for sub-programme: Justice Modernisation for the first quarter amounted to R139 million against the budget allocation amounting to R900 million. The spending was mainly due to Justice Modernisations accruals from the previous financial year.

  50. CONCLUSION 1. INTRODUCTION The 72% overall performance for the Department for the first quarter is on track. The Departmental EXCO continues to track the performance against Annual Performance Plan on a monthly and quarterly basis and it is expected that performance will improve going forward. Corrective measures had been put in place to address under performance.

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