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Presentation to the Portfolio Committee on Justice and Correctional Services 08 July 2014

Explore a detailed presentation on the Office of the Chief Justice's journey, achievements, mandates, operational plans, challenges, and more from 2010 to 2014 in South Africa.

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Presentation to the Portfolio Committee on Justice and Correctional Services 08 July 2014

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  1. OFFICE OF THE CHIEF JUSTICE Presentation to the Portfolio Committee on Justice and Correctional Services08 July 2014 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  2. PRESENTATION OUTLINE Introduction Journey Map 2010-2014 Highlights of Achievements – 2013/14 Mandates Operational Framework of the OCJ Budget Human Capacity Priorities Operational Plans: 2014/15 Institutional Challenges/Constraints Concluding Remarks OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  3. INTRODUCTION The Office of the Chief Justice (OCJ) is a National Department established to provide institutional support to the Chief Justice (administration of the Judiciary). Its functions as determined by the Minister for Public Service and Administration in terms of the Public Service Act 1994, are to: - provide and coordinate legal and administrative support to the Chief Justice; - provide communication and relationship management services and inter-governmental and international co-ordination; - develop courts administration policy, norms and standards; - support the development of judicial policy, norms and standards; - support the judicial function of the Constitutional Court; and - support the Judicial Service Commission in the execution of its mandate. The OCJ supports the Chief Justice in promoting regional and international judicial relations. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  4. JOURNEY MAP 2010-2014 Secondment of managers to the Chief Justice – 2008 Proclamation of the OCJ by the President of the Republic of South Africa on 23 August 2010 Determination of OCJ functions by the MPSA. Capacitation of the OCJ – SMS appointments and Acting SG : 2010-2013. The Memorandum of Understanding signed with the DoJ&CD on 26 January 2012 to assign/transfer administrative support functions relating to the following: JSC SAJEI Constitutional Court, SCA Appointment of the Secretary General (DG) – April 2013. 17th CAA and SuCA - legislation put into operation in 2013. Delegations provided to the OCJ to operate effectively (Minister (SuCA & PSA), DG (PFMA). OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  5. HIGHLIGHTS OF ACHIEVEMENTS 2013-2014 OCJ Institutional Model’s Report submitted to Ministry (to inform policy). Draft Strategic Plan 2014-2019 and APP developed and considered by NT Capacitation of the OCJ – appointment of human capacity/critical staff Building of internal controls and governance structures, e.g: Appointment of the Audit & Risk Committee establishment of the OCJ BAC development of institutional policies NEEC and PEEC established by Chief Justice Judicial Norms & Standards approved and gazetted - 17th CAA and SuCA implementation Approval of the OCJ Budget Programme Structure (preparation for separate OCJ Budget Vote) – by National Treasury on 12 April 2013. Delegations to the SG by the Minister (SuCA and PSA) and DG (PFMA). IT infrastructure implemented – migration and Judiciary IT Domain/website. Budget 2013/14 - R123.9m & Expenditure 99.84%. Judicial education - 52 seminars and 1472 trained 19 Judges recommended by JSC and finally appointed by the President OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  6. MANDATES (1) Constitutional Mandate Section 165 of the Constitution vests Judicial authority on the courts. Item 16 to Schedule 6 of the Constitution provides for the rationalisation of the courts with a view to establish a judicial system suited to the requirements of the Constitution (in consultation with Judiciary). Constitution Seventeenth Amendment Act, 2012 Designate the Chief Justice as the Head of the entire Judiciary. Empowers the Chief Justice with the responsibility to establish norms and standards for the exercise of judicial functions of all courts. Monitoring of implementation of norms & standards in all courts. Develop guidelines, protocols. Assign the Constitutional Court as the Apex Court. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  7. MANDATES (continued) Legislative Mandate Superior Courts Act, 2013 Rationalize laws and structures of the superior courts. CJ exercise responsibility over the administration of judicial functions of all courts. Judges Presidents to assume responsibility over coordination of judicial functions of all courts within each province. South African Judicial Education Institute Act, 2008 - The Chief Justice is the Chairperson of the SAJEI Council. SAJEI was established to provide judicial education to all Judicial Officers. The responsibility for the training of Magistrates has been transferred from Justice College to SAJEI since January 2012. Judicial Service Commission Act, 1994 – The Chief Justice is the Chairperson of the Judicial Service Commission which inter alia is responsible for the recommendation of candidates for judicial appointment and dealing with complaints lodged against Judges. Public Finance Management Act, 1999 Public Service Act & Regulations OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  8. OPERATIONAL FRAMEWORK OF THE OCJ Due to the fact that the OCJ does not yet have a Budget Vote, it currently operates as follows: In terms of transitional arrangements between OCJ and DoJ&CD – OCJ is still a sub programme in the DoJ&CD strategic plan. Currently the OCJ is subject to the 2014/15 APP of the DoJ&CD. The SG is the Accounting Officer in terms of SuCA but not in terms of the PFMA. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  9. OCJ BUDGET VOTE PREPARATION: NATIONAL TREASURY CHECK LIST (1) OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  10. OCJ BUDGET VOTE PREPARATION: NATIONAL TREASURY CHECK LIST (2) OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  11. APPROVED BUDGET PROGRAMME STRUCTURE Approved by National Treasury (NT) on the 12 April 2013: Programme 1: Administration Programme 2: Judicial Support & Court Administration (inclusive of all Superior Courts) Programme 3: Judicial Education & Research Direct Charge/National Revenue Fund: Judges Salary OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  12. 2014 - 2017 MTEF BUDGET (2014/15 SUB-PROGRAMMES OF OCJ WITHIN THE DOJ&CD VOTE) REPUBLIC OF SOUTH AFRICA OFFICE OF THE CHIEF JUSTICE

  13. 2014 - 2017 MTEF BUDGET(2014/15 INCLUSIVE OF SUPERIOR COURTS) REPUBLIC OF SOUTH AFRICA OFFICE OF THE CHIEF JUSTICE

  14. 2013/14 EXPENDITURE ANALYSIS(EXCLUDING SUPERIOR COURTS) REPUBLIC OF SOUTH AFRICA OFFICE OF THE CHIEF JUSTICE

  15. UNFUNDED PRIORITIES/MANDATES: 2014/15-2015/16 A shortfall of R89.5m is estimated, indicated as follows: Capacitation of OCJ (R6.5m shortfall) Budget to implement the SuCA Capacitation of JPs offices (R10m) Development of a judicial monitoring system re Court Performance (R15m) Judicial Education (R15m) Rental of OCJ offices (R6.5m pa) Additional furniture (R1.5m) Envisaged additional operational costs as a result of transfer/delegation of functions (R15m pa estimate) Envisaged additional remunerative costs as result of transfer/delegation of functions (R20m pa estimate) . OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  16. OCJ ENGAGEMENT WITH NT VIA DOJ&CD RE UNFUNDED MANDATES • 2014/15 Budget allocated to the OCJ was inflation based. • The budget didn’t consider year by year growth ito mandates and support resources. • NT engaged: economic climate; general budget constraints; reprioritization within departments baselines to fund shortfalls and new mandates. • NT advised OCJ & DoJ&CD to deal with transfer/delegation of functions from DoJ&CD to OCJ first before it can consider additional budget to OCJ. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  17. Staffing - 266 posts with 146 (55%) filled and 120 (45%) vacant. • Second layer management has been appointed which constitutes the OCJ Exco. OCJ Staffing 2014/15 REPUBLIC OF SOUTH AFRICA OFFICE OF THE CHIEF JUSTICE

  18. Filled 71% and Vacant 29% • Gender: Male:73% and Female 27% • Race: Black 86% and White14% OCJ HR Profile : SMS OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  19. Filled 53% and Vacant 47% • Gender: Male:40% and Female 60% • Race: Black 87% and White13% OCJ HR Profile : Level 1-12 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  20. OCJ PRIORITIES Highlights of priorities are: Securing OCJ Budget Vote Judicial Head Quarters (Home for the Administration of Judiciary) Smooth transfer/delegation of functions from DoJ&CD (Superior Courts) Capacitation of the OCJ to carry current mandate (human & systems) Judicial Case Flow Management Review/overhaul of Case Management Court Rules Judicially led Court Administration Model Judicial education - e-learning etc Judicial/Court Modernization – e-filing & e-records management, etc Communication & Judicial Outreach Programme Implementation of Legislation (17thCAA & SuCA) Additional capacity for OCJ to carry new mandate Capacitate Offices of the JP’s Judicial Court Performance Monitoring System Monitoring of the implementation of Norms and Standards OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  21. OPERATIONAL PLANS: 2014/15 2015 – 2020 Strategic Plan developed 2015/16 Annual Performance Plan developed OCJ Budget Vote approved by the National Treasury; Continue efforts to secure sufficient budget for the OCJ to execute its current and new legal mandates Judicial ICT Infrastructure deployed to enhance institutional independence (including upgrade to accommodate Superior Courts) 90% of funded approved critical posts filled Judicial Case Flow Management implemented in all High Courts System in place to monitor Court Performance & implementation of Judicial Norms and Standards Secretariat support to the JSC, JCC & JCT Management/reduction of Audit outcomes 63 judicial education sessions/workshops conducted Enhanced Curriculum Development & Learning Management CJ Executive support & Judicial Stakeholder Relations managed OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  22. ENVISAGED PROJECTS These projects are: Build Judicial Head Quarters - Home for the Administration of Judiciary for about 500 staff compliment (amount to be quantified by DPW). Court performance monitoring capabilities/system. Communication Services – branding, stakeholder relations, outreach (R30m). Judicial Case flow Management (R15m). Court Modernization – e-filing & e-records management, etc (R18m). Judicial education - e-learning, Printing facility, additional training programmes for Magistrates & soft skills programmes for all Judicial officers. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  23. INSTITUTIONAL CHALLENGES/CONSTRAINTS Inadequate office space – (current office space is 3105 m² - required office space: 4500 m²). Dependency on DoJ institutional support systems Insufficient budget (resourcing: structure, systems, infrastructure). Lack of footprint in provinces to effectively support Superior Courts (fragmentation of institutional structure and administrative processes). OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  24. CONCLUDING REMARKS The OCJ thank the Portfolio Committee for its guidance/support to ensure the OCJ is better positioned to deliver on its mandates. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

  25. THANK YOU OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

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