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2013/14 Budget Policy Statement Preview By Jeff Radebe, MP

2013/14 Budget Policy Statement Preview By Jeff Radebe, MP Minister of Justice & Constitutional Development 5 March 2013. Outline of the presentation. Introduction & brief update on certain matters raised during 2012/13 2. Environmental context of the 2013/14 budget policy statement

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2013/14 Budget Policy Statement Preview By Jeff Radebe, MP

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  1. 2013/14 Budget Policy Statement Preview By Jeff Radebe, MP Minister of Justice & Constitutional Development 5 March 2013 Presentation to the Portfolio Committee on Justice & Constitutional Development

  2. Outline of the presentation • Introduction & brief update on certain matters raised during 2012/13 2. Environmental context of the 2013/14 budget policy statement • Key justice-related outputs emanating from the National Development Plan (NDP) 3.1 Building safer communities 3.2 Intensifying the fight against crime & corruption 3.3 Combating Sexual Offices and violence against women and children 3.4 Reaffirming the authority of the state 3.5 Highlights of the Transformation of the Judiciary Programme 4. Key Legislation & high level Programmes planned for 2013/14 5. Challenges relating to the TRC 6. Impact of budget cuts of the administration of justice Presentation to the Portfolio Committee on Justice & Constitutional Development

  3. Introduction & brief update regarding certain matters raised during 2012/13 • I welcome this opportunity to share with the Justice Portfolio Committee some perspectives concerning our work and to seek its leadership and guidance as we plan for the 2013/14 financial year. I wish to highlight the following two aspects that were canvassed extensively during the 2012/13 financial year: 1.1 Turnaround strategy to reverse negative audit reports • Having approached the Auditor-General for assistance and through the assistance of this Committee, I am pleased with progress made towards our ultimate goal of a clean audit. We have made significant strides in this regard and I wish to highlight the following: we managed to clear all qualifications on irregular expenditure, concluded in the past 12 months outstanding financial statements for Third Party Funds for 3 financial years. 1.2 Witness Protection Programme • The Department does not have the resources at this point to accept additional responsibility of the Witness Protection Programme. We may review the position if our budget situation improves.

  4. Introduction & brief update regarding certain matters raised during 2012/13 1.3 Filling critical posts in the Department • The process of filling of Senior Management is underway. All the vacant position at the level off DDG have been advertised. Interviews have been held in respect of DDG: Corporate Services and Constitutional Development. Shortlisting for Chief Financial Officer and DDG Legislation have been finalised and interviews will be held soon. In the recruitment process, we are mindful of the need to meet the constitutional imperative to establish a representative management core. • Members might also be aware of the appointment of the Secretary-General in the Office of the Chief Justice, namely Ms Memme Sejosengwe - a woman! This appointment comes at the right time as we prepare for the enactment and implementation of the Superior Courts Bill

  5. Environmental context of the 2013/14 budget policy statement • The 2013/14 budget policy statement which we will present later on must be viewed in the following context: • This being the last year of the fourth Administration and with elections scheduled to take place next year, emphasis must be placed on the consolidation and implementation of existing policy, and not necessarily formulation of new policies; and • the review of the work of the JCPS cluster to assess its successes and challenges during the past 5 years: The outcome of this review will contribute to the broader review of the Government Programme of Action which was sanctioned by Cabinet in 2011. Similarly the appointment of the research institution to conduct the assessment of the impact of the jurisprudence of the Constitutional Court and the Supreme Court of Appeal will be finalised before the end of this financial year for the work to start in April 2013 Presentation to the Portfolio Committee on Justice & Constitutional Development

  6. Key justice-related outputsemanating from the NDP • Of the 5 priorities that underpin the Government’s Programme of Action, Safety and Crime Prevention as an output of the National Development Plan (NDP) is directly attributed to the Justice sector, in particular the Justice Crime Prevention and Security Cluster (JCPS) • Furthermore, the Justice sector contributes indirectly to the other priorities of Government, namely education, health, unemployment, rural development and land reform • Illiteracy, poverty, underdevelopment and deprivation are linked to criminality. Access to justice or lack thereof permeates all the above five priorities of Government • Crime and corruption pose the greatest threat against the realisation of all the five priorities of Government. It is for this reason that the JCPS Cluster must put measures in place to guarantee the safety of citizens for the full realisation of the rights enshrined in the Constitution Presentation to the Portfolio Committee on Justice & Constitutional Development

  7. Five key Justice-related outputs in the National Development Plan • Within the Justice sector, the NDP spearheads the joint, integrated & mutually-reinforcing programmes of the JCPS cluster departments, law enforcement agencies and the judiciary which are geared towards the achievement of the 5 goals elucidated in the NDP, namely: • Strengthening the Criminal Justice System – the ultimate goal is the achievement of a single, integrated, seamless and modern criminal justice system, with a single set of objectives, priorities and performance measurement targets • Strengthen judicial governance and the rule of law – the finalisation of the legislative framework affirming the Chief Justice as the Head of the Judiciary and the concomitant establishment of the Office of the Chief Justice to provide the Chief Justice with the requisite capacity to perform this function is a cutting edge of our Judicial Transformation discourse Presentation to the Portfolio Committee on Justice & Constitutional Development

  8. Five key Justice-related outputs in the National Development Plan c) Access to Justice: – inaccessible courts caused by among others the legacy of the past demarcation and skewed distribution of courts, exorbitant costs for obtaining legal service, overstretched court rolls which cause inordinate delays in the finalisation of cases are some of the myriad factors that present major barriers to access to justice, resulting in the weakening of the rule of law d) The role of the Judiciary in a developmental South Africanstate – the NDP recognises a need for an ideal “South African judge” to encompass a range of qualities and attributes, including a progressive judicial philosophy and an understanding of the socio-economic context in which the law is interpreted and enforced. e) Investment in our economy - , which has remained resilient amid global turmoil as the Minister of Finance indicated in his budget vote last week, can only thrive in an environment characterised by the rule of law • The Department’s budget policy statement will give a detailed account of how the above outputs will be reflected in the Department’s programmes Presentation to the Portfolio Committee on Justice & Constitutional Development

  9. Intensifying the fight against Corruption • The 34 Proclamations issued by the President since 2009 to investigate allegations of corruption, fraud and maladministration in various state institutions during the current term of the Administration is unprecedented. This shows that Government is pulling out all stops to eradicate corruption. The JCPS in particular will leave no stone unturned in this crusade to rid our government and our economy of corruption and underhand dealings • In the budget policy statement we will indicate measures that the cluster is undertaking to enhance the capacity of the law enforcement agencies in intensifying the fight against this scourge • An announcement regarding the naming & shaming of perpetrators convicted of corruption will be made in April 2013 Presentation to the Portfolio Committee on Justice & Constitutional Development

  10. Combating Sexual Offences and violence against women and children • We have recently seen an upsurge of reported incidents of Rape, Sexual Offences and violence against women and children. It is important to establish whether this upsurge reflects an increase in these heinous crimes or reporting thereof. Government and the community at large is outraged at these barbaric acts. • The under-reporting of these horrendous crimes which the National Development Plan acknowledges in so many words, is attributed to, among others: • that these crimes mostly happen among the cycle of people who are known to each other or have family ties; and • There is an imbalance of power relations between the perpetrators and the victims, who often are under age. • We need to encourage victims and affected people to come forward to report these incidents for the law to take its course Presentation to the Portfolio Committee on Justice & Constitutional Development

  11. Combating Sexual Offences and violence against women and children • Progress has been made regarding the re-establishment of the Sexual Offences Courts. The details of these courts will be announced soon, most probably at the beginning of the 2013/14 financial year. • The JCPS DG’s Cluster is developing an integrated programme to take forward the work done by the task teams that were established to look into the establishment of the Sexual Offences Courts and the Lesbian, Gay, Bi-sexual, Transexual and Intersex (LGBTI) communities. This will ensure effective interface between the Sexual Offences Courts and the Family Violence, Child Protection and the Sexual Offences Units, and any other intervention initiated by the cluster departments and the judiciary • Similarly, there are on-going discussions with the Office of the Chief Justice, the South African Judicial Education Institute and Regional Court Presidents which are aimed at strengthening social context training for judicial officers to deal effectively with these matters Presentation to the Portfolio Committee on Justice & Constitutional Development

  12. 2012/13 Legislation Bills • We are indebted to the Justice Portfolio Committee for pioneering some of the key legislation aimed at the transformation of the judiciary and enhancing the administration of justice broadly. This includes the enactment of the Constitution Seventeenth Amendment Act, the approval, by the National Assembly, of the Superior Courts Bill and the adoption of the Judicial Code of Conduct. I am also advised that work on the Regulations on Judges Registrable Interests, is also being prioritised. These regulatory frameworks are the bulwark of an independent judiciary • My gratitude also goes to the Portfolio Committee for the amendments effected on the Criminal Law (Sexual Offences and Related Matters) Amendment Bill at very short notice and under extreme pressure thereby avoiding what could have been catastrophic in relation to the sentences for sexual offences. The approval by this Committee of other Bills, namely, the Prevention and Combating of Trafficking in Persons Bill, Prevention and Combating of Torture in Persons Bill, Criminal Procedure Amendment Bill dealing with criminal appeals, Sheriffs Amendment Bill, Judicial Matters Amendment Bill and Protection of Personal Information Bill have had a positive impact on access to justice and the administration of justice generally Presentation to the Portfolio Committee on Justice & Constitutional Development

  13. Overview of the 2013/14 Legislation Programme • Now that the Superior Courts Bill is almost behind us, we will be approaching this Committee to draft legislation which is aimed at transforming the magistracy. I am mindful that the legislative programme may be shorter to allow preparation for the elections • We also aim to introduce other Bills, among them the amendment of the State Attorneys’ Act to provide for the appointment of a Solicitor-General which is crucial for the state • We will also consider the increase of the monetary jurisdictions of the Magistrate’s Court, which has been R100 000 for over a long period of time. Similarly, consideration will be given to the increase of the jurisdiction of the Civil Regional Courts which was fixed at R300 000 over three years ago. I will make an announcement once I have sought the view of critical stakeholders in this regard. Presentation to the Portfolio Committee on Justice & Constitutional Development

  14. Challenges of the 2013/14 financial year • The budget cut poses serious challenges that affect the performance of the Department and that of the courts, in particular with regard to the following: • Security - security Management contract are in excess of R1,3 billion over 3 years • Infrastructure- the damage caused by fire to the Pretoria, Inkanyezi and Polokwane Magistrates’ Courts, have exacerbated our challenges

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