Annual Performance Plan 2014/15 - Department of Justice and Constitutional Development

1. DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT SELECT COMMITTEE ON JUSTICE AND SECURITY Annual Performance Plan 2014/1516 July 2014

2. CONTENTS • Introduction • Mission, Vision, Principles and Values • 2. Mandates • Constitutional, Legislative • National policies • Changes made in the current plans • Risks and challenges • Areas with funding constraints • Strategic objectives and targets • Programme 1: Administration • Programme 2: Court Services • Programme 3: State Legal Services • Programme 5: Auxiliary And Associated Services • (Integrated Justice Service programme only) • 8. Attachments • Annexure 1: Indicators and Targets in the Annual Performance Plan 2014/15 2

3. INTRODUCTION Vision A transformed and accessible justice system that promotes and protects social justice and the rule of law Mission To provide transparent, responsive and accountable justice services for all. Principles and Values Commitment to constitutional values and a culture of human rights Promotion of the Rule of Law Batho Pele Good governance Ubuntu Professionalism and continuous improvement  Transparency 3

4. MANDATES Constitutional mandate Constitutional mandate • The Department’s key constitutional mandate is the administration of Justice, which it derives from Chapter 8 of the Constitution – “Courts and Administration of Justice” • Constitution Seventeenth Amendment Act, 2012, which was enacted in 2013 has introduced significant amendments to Chapter 8 of the Constitution. Important amendments are the new section 165(6) which affirms the Chief Justice as Head of the Judiciary and assign to him or her the responsibility to oversee the development and monitoring of norms and standards for the performance of all courts • Accompanying the Constitution Seventeenth Amendment Act is the Superior Courts Act, 2013 which was enacted in 2013. Both the Constitution Seventeenth Amendment Act and the Superior Courts Act came into operation on 23 August 2013. • Importantly, the Superior Courts Act lays the basis for judicial institutional reforms by - • establishing a legislative framework for the Chief Justice to exercise his or her judicial leadership responsibilities supported by the Office of the Chief Justice • prescribing a legislative mechanism for the rationalisation of High Courts • providing for the delegation of certain functions flowing from the Superior Courts Actto the Office of the Chief Justice 4

5. MANDATES Constitutional mandate • Following the finalisation of the Superior Courts Act and discussions with the OCJ • the following initiatives are envisaged for 2014/15: • (i) Transfer of the administration of all Superior Courts to the OCJ • (ii) Establishment of fully-functional internal controls and accounting systems for the OCJ • (iii) Assisting with the creation of separate vote for OCJ • (iv) Strengthening of governance structures of the SAJEI 5

6. MANDATES • Legislative mandates • The Department derives its statutory mandate from various statutes and subordinate legislation. The following are categories of functions emanating from different legislative instruments, that are relevant to the Department: • Legislation providing for the establishment of Superior Courts and Lower Courts as well as specialist courts which are both at the level of the High Court and Magistrates Courts. Important legislation among these are the following: • The Superior Courts Act, 2013. The Act provide for assignment of certain functions to the Office of the Chief Justice (OCJ) these include support to the Heads of Courts, Judicial Service Commission and the Judicial Education Institute. It is for this reason that OCJ must have its own separate vote of Transfer of the administration of all Superior Courts to the OCJ • The Magistrates Courts Act, 1944 (Act No. 32 of 1944). The Magistrates Courts is out-dated. Processes are underway to develop a Lower Courts Bill to repeal the Magistrates Court Act 6

7. MANDATES • Legislative mandates • Legislation providing for the establishment and functioning of the National Prosecuting Authority, the Special Investigating Unit and the Asset Forfeiture Unit, the conduct of criminal proceedings, the investigation of organised crime and corruption, and the forfeiture of assets obtained through illicit means (the National Prosecuting Authority Act of 1998, the Criminal Procedure Act of 1977, the Prevention of Organised Crime Act of 1998, the Special Investigation Units and Special Tribunals Act of 1996 and the Witness Protection Act of 1998); • c) Legislation providing for the establishment and functioning of bodies responsible for legal aid (the Legal Aid Act of 1969) • Legislation providing for the establishment of bodies responsible for law reform and rule-making, the South African Law Reform Commission Act of 1973 and the Rules Board for Courts of Law Act of 1985); • Legislation providing for the appointment of masters of the high courts and the administration of the Guardian’s Fund and deceased and insolvent estates (the Administration of Estates Act of 1985 and the Insolvency Act of 1936); 7

8. MANDATES Legislative mandates • Legislation regulating the provisioning of legal advisory services to government departments (the State Attorneys Act of 1957); • Legislation relating to the promotion, protection and enforcement of certain human rights (the Promotion of Administrative Justice Act of 2000, the Promotion of Access to Information Act of 2000, and the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000); • Legislation pertaining to the protection of vulnerable groups (the Child Justice Act of 2008, the Children’s Act of 2005, the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007, the Maintenance Act of 1998 and the Domestic Violence Act of 1998); • Legislation providing for support to Chapter 9 institutions (the Human Rights Commission Act of 1994 and the Public Protector Act of 1994); and • Legislation pertaining to debt collectors and sheriffs;

9. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • a) Chapter 11: Social Protection • Service turnaround in Maintenance Services • In line with this Chapter, the Department will continue to focus on: • Improving services and turnaround times in maintenance orders and payment successes. • Implementation of ICT systems that will improve service delivery • Training and capacitation of courts • Service turnaround in the Masters Branch • The Department will continue with the main focus areas of : • Improved turnaround times of deceased estates, administration of insolvent estates, and payments from the Guardian Fund. • Continuation of implementation of ICT systems, i.e. Paperless processing and easy access to information. • (Details under Programme 2 and 3) .....Cont’d 9

10. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • a) Chapter 11: Social Protection • Services offered through the Office of the Chief Family Advocate (CFA) • Family Advocates assist children with issues of custody, access and guardianship in family disputes. The CFA, will continue to: • Improve mediation services towards full compliance with legislation; • Improve turnaround times in lodging children’s reports with the courts; and • Widening the net of child protection against the harmful effects of international child abduction, in line with the Hague Convention. In particular, increase acceptances of accession to include our nearest neighbours - Lesotho and Zimbabwe. .....Cont’d 10

11. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): b) Chapter 12: Building Safer Communities The key focus areas under the Seven Point Plan of the Criminal Justice Review involves improving court efficiency by, amongst others, making changes to court processes and criminal matters through short and medium term proposals. In addressing this the Department has set targets on improvement in court processes, which include: Increased usage of audio-visual remand systems Implementation of digital court records, improved court record transcriptions Improved management of criminal appeal processes and reviews Decreasing the rate of court postponements due to administrative challenges. Provision of an integrated and seamless National CJS Information System to facilitate more informed strategies, plans and decision making as well as to facilitate better day-to-day operational management. Development and implementation of Protocols to improve court efficiency. In addition, the Department will continue to work together with Correctional Services to reduce t he number of remand detainees .....Cont’d 11

12. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): b) Chapter 12: Building Safer Communities Access to Justice is a critical component of building safer communities. In line with these initiatives, the Department will continue to : Convert branch courts into full-service courts, in line with available budget. This project addresses the legacies of inequality of access. Align magisterial boundaries with municipal boundaries to improve access to courts. Build new courts, in line with available budget. Establishment of small claims courts in each magisterial district. Details will be discussed under Programme 2 .....Cont’d 12

13. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): • b) Chapter 12: Building Safer Communities • With regard to building safer communities for vulnerable groups, the following are planned for the 2014/15 financial year: • Establishment of dedicated sexual offences courts • Implementation of the National Action Plan regarding the management of crimes against the LGBTI community. • Implementation of the National Action Plan on Domestic Violence • Continuation of the project to include historical data into the National Register of Sexual Offenders. • Fast tracking of cases relating to violent service delivery protests • In addressing challenges related to nyaope/wunga, amendments to the Schedules of the Drugs Act were effected with effect from 28 March 2014. This will make it easier to deal with classification issues that were raised. 13

14. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • c) Chapter 13: Building a Capable State • The Department supports the building of a capable state through initiatives involving people development, systems development and improving governance initiatives • (i) Women Development: • The department will continue to support South African Women Lawyers Association’s (SAWLA) skills development initiatives and in 2013 approximately 100 women lawyers in private practice received advanced training in different areas of law. • The department launched the South Africa Chapter of the International Association of Women Judges (SAC-IAWJ) and continues to provide financial and secretarial support. In August 2013, the Dept partnered with the Association to host an AGM and Conference at the University of Kwa-Zulu Natal attended by 100 delegates. • An Executive Leadership Development Programme for women was launched in February 2014 to develop leadership skills for women employees. 20 women took part in the first intake. 14

15. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • c) Chapter 13: Building a Capable State • The Department supports the building of a capable state through initiatives involving people development, systems development and improving governance initiatives • (i) Staff Development: • The DOJCD’s Justice College offers in-house training courses for, among others • anti-corruption, maintenance, sexual offences, domestic violence, child law, foundation management, service excellence, quasi-judicial services, prosecutorial, interpreting and Masters of the High Court services. • For courses not offered , the college assists the Department by outsourcing. • (Details under Programme 1) 15

16. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • c) Chapter 13: Building a Capable State • (i) Staff Development (Bursaries) • For the 2013/2014 financial year, forty [40] skill sets were identified as scarce skills in the Department, including international Law, legislative drafting, forensic investigations, legal research, cyber law and environment and maritime law. • Bursaries were awarded to employees studying across 28 fields of study [including safety and security, logistics, supply chain, legal interpreting, language practice, finance and accounting] and at seventeen accredited education institutions such as universities, universities of technology and FET colleges. • The department is currently managing a total of 1481 bursaries, and the profile of bursary holders are as follows: 16

17. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): c) Chapter 13: Building a Capable State (i) Youth Development The Department aims to build capacity to deliver services through the use of internships and learnership programmes. These programmes involve matriculants and graduates in the areas of law, ICT and public management. Youth training programmes in 2013/14 and 2014/15 A formal mentorship programme will be established in the Department to facilitate development of young people 17

18. NATIONAL POLICIES • National Development Plan 2030 (NDP): • c) Chapter 13: Building a Capable State • (i) Development of management systems • The Department will focus on developing systems that improve the ability of management to effectively perform their management tasks or improve efficiencies within operations. Key initiatives within this area, include: • Further enhancements and developments in the Integrated Case Management Systems (ICMS) that enable effective monitoring of cases handled in different areas of the Department, including State Attorney systems. (Ref: Program 2, 3 and 5). • Continuation of the implementation of the Integrated Justice System (IJS) that will assist government to identify and address blockages within the justice system (Ref: Program 5). • Introduce systems that will assist the Department to achieve and sustain unqualified audit opinions, particularly in the area of Third Party Funds . • Continuation of projects on digitisation of court records and audiovisual remand system. • (details under Programme 2 and 3) 18

19. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): d. Chapter 14: Promoting Accountability and fighting corruption Under this Chapter, the NDP identified proposals within the Judicial system that will enable the country to effectively fight corruption and promote accountability. These are as follows: ....cont’d 19

20. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • Chapter 14: Promoting Accountability and fighting corruption 20

21. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • Chapter 14: Promoting Accountability and fighting corruption Concerted efforts of the JCPS Anti-Corruption Task Team (ACTT) include the following results: More than 800 persons are currently under criminal, financial and/or forensic investigation, with pre-trial proceedings initiated against 298 persons by the end of December 2013. Actual trial proceedings have been initiated against 174 persons by the end of December 2013 In June 2013, the JCPS Cluster’s demonstrated its commitment to deal with corruption by releasing a list containing 42 names of people who have been convicted of fraud and corruption. By the end of December 2013, 48 persons were convicted in cases where more than R5mil illicit gains were involved Freezing Orders were obtained against 67 persons by the end of December 2013 Efforts to combat crime within the JCPS cluster will continue in the new MTSF cycle. 21

22. NATIONAL POLICIES • 1. National Development Plan 2030 (NDP): • Chapter 14: Promoting Accountability and fighting corruption Within the Department, awareness, prevention and investigation efforts will continue in the 2014/15 financial year. (Ref: Programme 1) 22

23. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): • e. Chapter 15: Transforming Society and Uniting the Country. • The Department’s constitutional development branch works extensively in the area of transforming society. Initiatives that have been included in the APP are as follows : • Implementation of human rights legislation: • Promotion of Administrative Justice Act (PAJA) • The Department continues to receive support from the GIZ (German funding) towards improved compliance with the PAJA. • In the 2014/15 financial year increased efforts will focus on capacity building initiatives for government departments and identified provinces on the application of the PAJA mainstreaming guide. • Training will be provided by the Department and Justice College. 23

24. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): • e. Chapter 15: Transforming Society and Uniting the Country. • Implementation of human rights legislation: • Promotion of Access to Information (PAIA) • In ensuring compliance with PAIA legislation for the Department and other government entities, the department will do the following: • Establish the necessary institutional framework for the implementation of PAIA e.g. establishment and functioning of intra-governmental committees; • Assisting Departments to have filing plans according to National Archives Act 24

25. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): • e. Chapter 15: Transforming Society and Uniting the Country. • (i) Implementation of human rights legislation: • Promotion of Equality and the Prevention of Unfair Discrimination Act • In facilitating compliance with legislation PEPUDA, the Department will continue with training of equality court clerks, implementing public information campaigns to educate the public regarding equality courts, strengthening partnerships with civil society organisations and chapter 9 institutions. • (ii) Creating actively engaged and critical citizen with a culture of human rights and tolerance. • Implementation of Programmes through the Foundation for Human Rights (Ref: Programme 3) • Implementation of the National Action Plan on Racism (Program 3) • Implementation of a National Policy on LGBTI (Programme 3) 25

26. NATIONAL POLICIES 1. National Development Plan 2030 (NDP): • e. Chapter 15: Transforming Society and Uniting the Country. • (ii) Implementation of recommendation of the Truth and Reconciliation Commission • Details available under Program 1 • Promotion of all official languages • The Department has a Translation Unit within the Office of the Chief State Law Adviser, established in recognition of section 6 of the Constitution, which requires all official languages to receive equal esteem. All legislation and other legal documents are translated in different languages. • Other initiatives that will continue in the Department include translation of information materials, particularly for vulnerable groups. Translation of material into Braille. 26

27. NATIONAL POLICIES 2. Medium-Term Strategic Framework • The Department is aligned to the following sub-outcomes of the MTSF. Details of each • indicator relating to the sub-outcome are provided below: • Sub-outcome 1: Reduced levels of contact crime • Conviction rate in sexual offences; • Conviction rate for trio crimes (robbery at residential premises, robbery at business premises and or vehicle robbery / car hijacking) • Sub-Outcome 2: An Efficient and Effective Criminal Justice system. • The Department will support this outcome through the following: • Establishing a CJS Business Plan (2014-2019) aligned with Departmental Strategic Plans / APPs • Reducing the number of criminal cases on the backlog roll • Finalising  KPI Measurement System for the Criminal Justice System (CJS) 27

28. NATIONAL POLICIES 2. Medium-Term Strategic Framework • Sub-outcome 4: Secure cyber-space • The Department will support this sub-outcome through the following: • Preparing a Cyber-Security Bill for discussion in 2014/15 • Implement training on cyber-crime, beginning in 2014/15 • Sub-outcome 7: Corruption in the public sector reduced • Reviewing anti-corruption and money-laundering legislation • Concluding bilateral agreements with other countries in respect of criminal matters 28

29. NATIONAL POLICIES 3. Update on existing policies and related initiatives • Transformation of State Legal Services • The Transformation of State Legal Services forms part of on-going initiatives aimed at transforming the administration of justice broadly. In particular it is aimed at addressing the apparent lack of effective coordination of legal services that has led to a number of operational challenges experienced across government, which include the following: • Prescription of claims involving government; • Default judgments granted against government; • Lack of monitoring systems over the work and outputs of attorneys and advocates; • Inconsistency in the determination of counsel fees; and • Low success rates in cases against the State. ....cont’d 29

30. NATIONAL POLICIES 3. Update on existing policies and related initiatives • Transformation of State Legal Services • Cabinet has approved a Framework for the Transformation of State Legal Services to address the above challenges. • The implementation of the Policy Framework will also go a long way in responding to general outcry within the profession that Previously Disadvantaged Individuals (PDIs) are not given briefs commensurate with transformational objectives. • As part of these transformation initiatives, amendments to the State Attorney Act 1957 have been passed by Parliament, and this gives the Department an opportunity to establish a position of a Solicitor-General who will represent the state in all civil litigation. 30

31. NATIONAL POLICIES 3. Update on existing policies and related initiatives • Transformation of the Judicial System and the role of the Judiciary in the developmental South Africa • The Human Sciences Research Council (HSRC), in partnership with the University of Fort Hare (UFH), was awarded a tender to undertake an assessment of the impact of the decisions of the Constitutional Court and Supreme Court Appeal on the lived experiences of South Africans. • The objective of the study is to establish the extent to which jurisprudence from our highest courts have contributed to the advancement of the ideals of the Constitution as envisaged in the National Development Plan. The outcome of the assessment is geared towards the development of a comprehensive programme of action aimed at overcoming challenges confronting the transformation of society. This include the capacity of the State in implementing court decisions. • A preliminary report which was received by the Department on 31 March 2014, outlines the research methodologies to be used, the thematic structure of the study research and identifies certain landmark socio-economic decisions which would be the subject of the assessment. A comprehensive interim report is due by 31 July 2014 and a final report is due by the end of March 2015. 31

32. NATIONAL POLICIES 3. Update on existing policies and related initiatives • c. Blueprint on the transformation of the Lower Courts and court administration • Repeal of the Magistrates Courts Act • A Blueprint to guide the overhaul of the out-dated Magistrates’ Court Act of 1944 (Act No. 32 of 1944) is being developed. The Blueprint will mirror the Superior Courts Act which was passed by the fourth democratic Parliament to repeal the Supreme Court Act of 1959. • It is anticipated that the envisaged Act which will accelerate the transformation of the Lower Courts will be finalised during the term of this administration. • Development of a court administration model suited to the Constitution • Simultaneous with the development of a Blueprint on Lower Courts the department will develop a broad framework that will guide the form and structure of the Bill that will seek to introduce an autonomous court administration suited to the requirements of the Constitution • The contemplated Framework, which the Minister plans to submit to Cabinet soon, will constitute the basis for consultation with the Judiciary before the drafting of the required Bill gets underway. 32

33. NATIONAL POLICIES 3. Update on existing policies and related initiatives • d. Insolvency Policy • In addressing the economic transformation of the insolvency industry, it became imperative to develop a policy focusing largely on the appointment of practitioners who are used as service providers in managing insolvent estates. This policy promotes consistency, fairness, transparency and the achievement of equality for persons previously disadvantaged by unfair discrimination. • Progress regarding this policy is as follows: • The Policy was published in Government Gazette No 37287 dated 7 February 2014. • The implementation date of the policy was determined as 31 March 2014 but has since been interdicted pending the finalisation of the court case. 33

34. NATIONAL POLICIES 3. Update on existing policies and related initiatives • Legal Practice Bill • The key objective of the Legal Practice Bill is to rationalise various pre-1994 statutes which still regulate the legal profession in different parts of the country.  A single statutory structure is envisaged to regulate all legal practitioners.   The Bill will not only enhance access to the legal profession for aspirant lawyers, but will also enhance access to legal services, impacting positively on access to justice. • A significant milestone was achieved in March 2014 when Parliament passed the Legal Practice Bill. • The Bill is awaiting the President’s assent. • A project office is being established to oversee the implementation of the bill. 34

35. NATIONAL POLICIES 3. Update on existing policies and related initiatives • Criminal Law (Forensic Procedures) Amendment Actno 2013 • Parliament passed the Criminal Law (Forensic Procedures) Amendment Act, otherwise known as the DNA Act. This legislation will support the strategic objective of contributing to the successful prosecution of crimes through specialized investigations, thereby increasing the detection rate of priority crimes. • g. Amendments to the Schedule to the Drugs and Drug Trafficking Act of 1992 • The Amendment to this act was initiated to address the surge in new narcotic substances which are being synthesized and not covered by the Act, particularly nyaope/wunga. • In the light of these amendments, even if the individual chemicals in a mixture cannot be identified separately, a person can be prosecuted in terms of these amendments, if the substance is similar or gives similar effects to the already listed substances on Schedule 2. • The amendments took effect from the 28 March 2014. 35

36. NATIONAL POLICIES 3. Update on existing policies and related initiatives • h. National Action Plan on crimes against the Lesbian, Gay, Bisexual, Transgender and Intersex(ed) (LGBTI) community • During March 2011, Minister of Justice and Constitutional Development mandated the establishment of a National Task Team (NTT), with the aim of developing a National Intervention Strategy that will address so-called “corrective rape” and other forms of violence against LGBTI persons. • During 2013/14, officials from 8 departments, chapter 9 institutions and civil society developed the following documents: • The Terms of Reference of the National Task Team; • The Terms of Reference of the Rapid Response Team; • The National Intervention Strategy; and • An information pamphlet on Frequently Asked Questions regarding LGBTI persons. • For the 2014/15 financial year: • The Rapid Response Team will continue with co-ordination between stakeholders to ensure speedy finalisation of cases. • A draft Hate Crimes Policy Framework is expected to be released for public comment 36

37. NATIONAL POLICIES 3. Update on existing policies and related initiatives • i. National Action Plan to Combat Racism, Racial Discrimination, Xenophobia, and Related Intolerance (NAP). • The draft NAP was presented to various government clusters and finally submitted in February 2013 to the JCPS Cabinet Committee for approval to commence with public consultations. Approval was granted by Cabinet for the commencement of the public consultation process on the NAP in March 2013. • The DoJ&CD has commenced with a process of planning public consultations with stakeholders who were involved in the development and finalisation of the NAP. • Sectoral engagements will be conducted with Chapter 9’s, business, labour, media, civil society organisations, legal and sports and other sectors. • A national conference to inform the public about the government’s process of intervention in addressing all scourges of racism, xenophobia and related intolerance will be held . 37

38. STRATEGIC GOALS

39. CHANGES IN THE CURRENT PLANS

40. CHANGES TO CURRENT PLANS • Inputs taken into account in establishing Departmental Plans • During the process of revising the Strategic Plan and the Annual Performance Plan, the following were taken into consideration: • The National Development Plan( NDP) • The Medium-Term Strategic Framework • Policy guidance from the Minister and Deputy Minister; • The centrality of the public as consumers of our services (Batho Pele); • Available resources; • Dedicated focus on improved organisational performance; • Needs of our partners to enable them to perform their functions (Prosecution and the Judiciary); • Guidance from stakeholders such as the Auditor-General, National Treasury, Department of Performance Monitoring and Evaluation, and the Portfolio Committee; and • Resolutions taken by the executive management during the strategic planning session of the Department. 40

41. CHANGES IN THE CURRENT PLANS • 2. Key changes made: • Inclusion of IJS-related indicators under Programme 5 (Ref: Programme 5), which focus on the finalisation of the CJS performance dashboard and finalisation of the Department’s ICMS integration. • b) Inclusion of indicators in line with the NDP and MTSF, which focus on usage of audiovisual remand systems and addressing delays in finalisation of court cases. • c) Inclusion of 2 indicators under the objective: Finalisation of the recommendations of the Truth and reconciliation commission, focusing on exhumations and community rehabilitation. • d) Inclusion of an indicator under the objective on improved human resource service (Number of policies and legislation assessed for gender equality). • e) Inclusion of 4 indicators under the objective: Promote constitutional development and strengthening of participatory democracy to ensure respect for fundamental human rights. 41

42. CHANGES IN THE CURRENT PLANS • Key risks identified • Issues relating to the Occupation Specific Dispensation (OSD) are in the process of getting resolved, however, certain areas of the Department, such as the Chief State Law Advisor, cannot fill certain posts and run the risk of service disruptions • The migration of certain functions to the Office of the Chief Justice during the 2014/15 financial year will have an impact on the operations of the Department as a whole. There is a certain level of uncertainty regarding its impact, however, ongoing communication and consultation will assist this process; • The dependence on the Department of Public Works for implementation of funded capital projects means the Department cannot always finalise projects as planned. This is further complicated by the increases in construction and material costs, making projects more expensive than initially planned. • Despite efforts to address challenges with the SITA management, there are still risks of delays in implementation of key ICT-related projects. • There is an ongoing challenge of service delivery protests which often result in damage to state property. Courts and other service points run the risk of service disruptions.

43. FUNDING CONSTRAINTS • 1. Effect of funding constraints on our mandates • A budget has been put in place for implementation of legislation and policies for 2014/15 • in areas such as: • Child Justice Act: R5,2 million (2013/14 spending was R1,8 million); • Children’s Act : R3,3 million (20131/4 spending was R1,1 million); • Transformation of State • Legal Services • (Solicitor-General’s Office): R14 million. • However, funding constraints do exists, particularly in the following acts: • Jurisdiction of Regional Courts Amendment Act; • Legal Practice Bill; • Protection of Personal Information Act; • Older Persons Act; • Protection from Harassment Act.

44. FUNDING CONSTRAINTS • 2. Other areas of funding constraints • In an attempt to meet objectives of the Department, there are areas where funding remains constrained. These are: • Security in service points and offices (Details under Programme 1); • Focus on increasing the number of facilities to improve access to justice (Details under Programme 2); • Infrastructure support for the Department and 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 and Safety, Health, Environment, Risk and Quality (SHERQ) and Information Communications Technology (ICT); ....cont’d

45. FUNDING CONSTRAINTS • 2. Other areas of funding constraints • Improving legal capacity within Courts and State Attorneys to improve the performance of core-business in these areas. • The impact on staff costs as a result of the Department of Public Service and Administration directives on lower level employees, and the pressure to include staff not covered by the directive remain an area of financial uncertainty and strain. • Spending on property leasing due to delays in building. • Increased spending on Commissions of Enquiry as a result of time extensions

46. FUNDING CONSTRAINTS • 3. Under spending in the 2013/14 financial year • At the end of the 2013/14 financial year, the Department had an under spending of R475 million, excluding statutory appropriation. • The surplus amount represented 4.3% of the final appropriation and is mostly in the area of Integrated Justice System (R120 million) and Building and Fixed Structures (R347.6 million). • The under spending on Buildings and Fixed Structures was due to non-performance of contractors, late hand over of site to the contractor as well as the late completion of tender documents for the projects. The under spending on IJS was due to delays in procurement processes. • This budget was ring-fenced and could not be transferred to other pressing areas. However, National Treasury was requested to roll back the surplus capital expenditure into the 2014/15 financial year.

47. STRATEGIC OBJECTIVES

48. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION • 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: • Running a better administration to achieve an unqualified audit; • Fighting fraud and corruption; • Implementation of key ICT projects; • Improvement in HR management and development; • Finalisation of the Truth and Reconciliation Commission (TRC) recommendations; and • Implementation of the Service Charter and related projects. • Administration of the implementation of the Promotion of Access to Information Act (PAIA) of 2000

49. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 1. Increase Compliance With Prescripts For Good Governance One of the 3 key priorities of the Department was to improve accountability by achieving a “No Audit Qualification” on Vote Account in 2012/13 and put effort to sustain this through subsequent years;The focus in the subsequent financial years, will be to address issues identified in the Third Party Funds. b) During 2011/12 financial year, the department introduced an audit action plan as part of its plan. With this initiative, all findings either raised by Internal Audit or external Auditors during the preceding financial year are monitored monthly through the Executive Committee with the aim of ensuring that all finding are addressed in the financial year. The monitoring of the findings will still continue in the 2014/15 financial year; c) In addition, performance of funds under management, such as the President’s Fund, Guardian’s Fund and CARA remains an important consideration by the Department. In the MTEF period, the Department aims to manage all funds (including the Criminal Assets Recovery Fund).

50. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 1. Increase Compliance With Prescripts For Good Governance (continued) d) Specific initiatives will continue to be rolled out in 2014/15 to move the Department towards an unqualified audit, and these include: Address the remaining Third Party Funds challenges ; Ongoing strengthening of systems, procedures and capacities to sustain the unqualified audit opinion received in 2012/13. Finalise legislation pertaining to reporting arrangements of the NPA, SAJEI, Third Party Funds (Justice Administered Funds) and Criminal Asset Recovery Fund.