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Justice and Constitutional Development Portfolio Committee Report - April 2013

This report outlines the department's mandates, strategic objectives, and changes in plans. It focuses on constitutional, legislative, and policy requirements to provide transparent and responsive justice services. The document covers key amendments and initiatives aimed at strengthening the justice system.

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Justice and Constitutional Development Portfolio Committee Report - April 2013

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  1. DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT17 – 18 APRIL 2013

  2. CONTENTS • Introduction • Mission, Vision, Principles and Values • 2. Mandates • Constitutional, Legislative and Policy • 3. Changes made in the current plans • 4. Strategic Objectives and Targets • Programme 1: Administration • Programme 2: Court Services • Programme 3: State Legal Services • 5. Attachments • Annexure 1: Indicators and Targets in the Annual Performance Plan 2013/14 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 • Effect of the constitutional amendments on Department’s mandate • (a) 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” • (b) Constitution Seventeenth Amendment Act, 2012, which was signed into law by the President in February 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 assign on him or her the responsibility to oversee the development and monitoring of norms and standards for the performance of all courts • (c) Accompanying the Constitution Seventeenth Amendment Act is the Superior Courts Bill which gives effect to the new section 165(6). The Superior Courts Bill has been passed by the National Assembly and awaits concurrence of the NCOP. • (d) The effect of the enactment of the above two Acts include: • (i) the migration of the administration of the Superior Courts the Office of the Chief Justice (OCJ); and • (ii) the assignment of certain functions flowing from the Superior Courts Bill, the Judicial Service Commission Act of1994 and the Judges Remuneration and Conditions of Employment Act, 2001 to the OCJ. 4

  5. MANDATES Constitutional mandate • Capacitating the Office of the Chief Justice • Initiatives that are underway to create the requisite capacity of the Office of the Chief Justice to execute some of the legislative responsibilities flowing from the Superior Courts Act and other relevant legislation include: • the finalisation of the appointment of a permanent Secretary-General (Accounting officer) who is the administrative head of the OCJ and the filling of other senior management posts (completed); • taking over of the administration of the Constitutional Court and the Judicial Service Commission by the OCJ pursuant to the Memorandum of Understanding concluded by the Director-General and the OCJ; • the coordination by the OCJ of Judicial Education programmes which are implemented by the South African Judicial Education Commission (SAJEI). As at the end of December 2012, a total of 1098 judicial officers were trained. • Amendment of the founding legislation for the SAJEI • (b) Following discussions with the OCJ the following initiatives are envisaged for 2013/14: • (i) Transfer of the administration of all Superior Courts to the OCJ • (ii) Establishment of fully-functional internal controls and accounting systems • (iii) 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 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); • Legislation providing for the establishment and functioning of bodies responsible for legal aid, law reform and rule-making (the Legal Aid Act of 1969, the South African Law Reform Commission Act of 1973 and the Rules Board for Courts of Law Act of 1985); • Continued... 6

  7. MANDATES Legislative mandates • 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); • 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 pertaining to debt collectors and sheriffs; and • Legislation providing for support to Chapter 9 institutions (the Human Rights Commission Act of 1994 and the Public Protector Act of 1994).

  8. MANDATES • Policy mandates • New policies and related initiatives • National Development Plan 2030 (NDP): • Government adopted the NDP with the aim of eliminating poverty and reducing inequality by • 2030.The plan sets out a tone for new planning priorities of government. • The Department of Justice as the coordinator of the JCPS cluster has to respond directly to a call • made in the plan that “people living with in South Africa should feel safe and have no fear of crime • by 2030”.This can only be achieved through a well-functioning criminal justice system in which • members of the JCPS cluster work together. In this plan, the following are key • deliverables for the cluster: • Strengthening the Criminal Justice System • All departments in JCPS cluster will continue with the implementation of recommendations emanating from the Review of South African Criminal Justice System ; • A meeting of JCPS cluster planning units was held in December 2012 to begin the process of aligning the objectives and indicators and to ensure effective monitoring; and • In addition, alignment of planning with regards to physical infrastructure and human resources will be undertaken with JCPS and other relevant departments to coordinate services. 8

  9. MANDATES • Policy mandates • New policies and related initiatives • National Development Plan 2030 (NDP): • Access to Justice • A number of initiatives to improve access to justice have been undertaken through the MTEF periods, and are consistent with the NDP, even though they commenced well before the plan. These include the following: • Out of the 90 branch courts identified for conversion into full-service courts, 24 have already been converted. This initiative will continue in line with available funds. • The project to align all magisterial districts and municipal boundaries has been progressing well, with major activities focused on consultation with different communities. • The country currently has 268 small claims courts, with an additional 70 places of sitting. Another 7 new Small Claims Courts and 3 additional places of sitting will be proclaimed during May 2013, bringing the total number of small claims courts to 275 and the number of additional places of sitting to 73. The Department intends to have 1 small claims court in each of the 387 magisterial districts. Extension to remote locations has become a challenge due to unavailability of professionals. A new model is being developed for such locations. After the establishment of the 7 mentioned above, only 116 new Small Claims Courts will still have to be established. Various programmes and initiatives are under way to enlist the services of legal practitioners as Commissioners in these areas. 9

  10. MANDATES Policy mandates Update on existing policies and related initiatives JCPS Cluster Delivery Agreement The Minister has an executive responsibility of coordinating and leading the JCPS cluster. Through his leadership of the cluster, the Department monitors and coordinates the overall implementation of cluster strategies and activities; and The JCPS cluster continues to coordinate the implementation of the 7 strategic objectives of the Criminal Justice Systemin the Delivery Agreement. • Transformation of State Legal Services • The transformation of legal services, both within the context of private and state legal services is located within broader initiatives on the transformation of the judicial system geared to enhance access to justice and deepen constitutional democracy. • Among others, this initiative will assist with: • The creation of processes and infrastructure to ensure strategic management of state litigation; and • Ensuring co-operation, efficiency, effectiveness and the proper utilisation of resources in the national interest. • In order to manage and coordinate the work of the State Legal service, investigations are underway to establish a post of Solicitor-General, who will project manage and be accountable for the immediate deliverables towards the end-state whilst also addressing immediate issues of performance.. 10

  11. MANDATES • Policy mandates • Promotion of the Vulnerable Groups • International context • . South Africa has made commitments to comply with a number of conventions, that, to a large extent, guide our the Department’s and national policies on the rights of vulnerable groups. These include: Convention on the rights of the Child (CRC) Article 2 - Equality and non-discrimination Article 6 - Right to life Article 19 - Protection from abuse and neglectArticle 34 - protection form sexual exploitationArticle 35 - protection from sale, trafficking and abductionArticle 36 - protection from other forms of exploitationArticle 37 - Freedom from torture or cruel, inhuman or degrading treatment or punishment continues…. 11

  12. MANDATES • Policy mandates • Promotion of the Vulnerable Groups • International context • . Convention on the rights of people with disabilities (CRPD) Article 5 - Equality and non-discrimination Article 10 - Right to life Article 11 - Situations of risk and humanitarian emergencies Article 14 - Liberty and security of the person Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment Article 16 - Freedom from exploitation, violence and abuse Article 17 - Protecting the integrity of the person Convention on the elimination of discrimination against women (CEDAW) Article 1 - Equality and non-discrimination Article 3 - Guarantee of Basic Human Rights and Fundamental Freedoms Article 5 – elimination of prejudices and customary and all other practices based on Sex Role Stereotyping and Prejudice Article 6 – suppression of all forms of traffic in women and exploitation of prostitution of women 12

  13. MANDATES • Policy mandates • Promotion of the Vulnerable Groups • Sexual Offences • The National Policy Framework on the Management of Sexual Offences, which guides the intersectoral response to & prevention of sexual violence, has been tabled in Parliament. The Department is in a process of gazetting this policy; • The research in the reestablishment of dedicated sexual offences has been completed. The Department has drafted the amendment of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 to allow the designation of Sexual Offences Courts. The infrastructure and resources audit has been completed and the Minister will be requested to make an announcement as soon as all the logistics are complete. • With regard to the National Register for Sexual Offences, the number of registered offenders has increased from 2 340 to 3 048, as at 28 February 2013. • . 13

  14. MANDATES • Policy mandates • Promotion of the Vulnerable Groups • Children • In Feb 2013, the Minister designated the Matlosana Child & Youth Care Centre as a One Stop Child Centre (OSCJC) in terms of s96 of the Child Justice Act 75 of 2008. The Matlosana OSCJC is now fully operational, and will be launched by the Minister in this financial year; and • For the 2013/14 financial year, The Directors-General’s Intersectoral Committee on Child Justice will continue with the investigation into viability of further establishment of these centres in view of the huge costs required to establish and manage their day-to-day functioning. 14

  15. MANDATES • Policy mandates • Promotion of the Vulnerable Groups • Trafficking in Persons • Intersectoral Frontline Service Guide on Managing Human Trafficking and Related Matters have been developed to guide the process of managing trafficking in persons cases at key service points within the JCPS Cluster. These were circulated to all departments; and • The JCPS Services for Victims to Prevent and Combat Trafficking in Persons Flow Chart has been established. This outlines the various services provided by the various cluster Departments/institutions from entry level to the end of the criminal justice process. • . 15

  16. MANDATES Policy mandates Assessment of the impact of the decisions made in the Constitutional Court and the Supreme Court of Appeal on society In March 2012, following approval by Cabinet, Terms of Reference were issued for an assessment on the impact of decisions taken at the Constitutional Court and the Supreme of Court of Appeal. The aim of the initiative is to enable the country to take stock of progress made in advancing the values of our Constitution, and tackling challenges encountered in our path to the reconstruction of the South African society. Progress has been made in respect of the appointment of research institution(s) to undertake the commissioned research and work is expected to commence soon. This assessment will happen side-by-side with the 20th review of the Programme of Government taken by the Performance, Monitoring and Evaluation Ministry in the Presidency. 16

  17. MANDATES Policy mandates (Cont’d) The review of the civil justice system The governance structure for the review of the civil justice system has been agreed between the Minister and the Chief Justice. The objectives of this initiative is to develop new rules to improve access and affordability of justice services, and to date, the following have been achieved: Intermediate legislative interventions have been implemented to address some of the pressing gaps in the lower courts. These include amendment of the Magistrate’s Courts Act, 1944, to extend civil and divorce jurisdiction to regional courts. The Department is aiming to establish a small claim court for each of the 387 magisterial districts, depending on the progress on the realignment of magisterial districts to municipal boundaries project and availability of resources. Other initiatives that are being undertaken under the civil justice review programme are the harmonisation and rationalisation of the rules of all courts with a view to simplifying complex court processes and procedures, and institutionalising of Alternative Dispute Resolution Mechanisms, diversions and mediation to enhance access to justice. The Court-connected Mediation Rules which are being finalised will be piloted during 2013 17

  18. STRATEGIC GOALS NEW

  19. CHANGES IN THE CURRENT PLANS

  20. CHANGES IN THE CURRENT PLANS • During the process of revising the Strategic Plan and the Annual Performance Plan, the following were taken into consideration: • 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 • 7. Resolutions taken by the executive management during the strategic planning session of the Department. 20

  21. CHANGES IN THE CURRENT PLANS RISKS • Following budget cuts that have been announced during the 2012/13 financial year, the Department embarked on a process to reconsider performance targets. This is due to the fact that availability of budget remains a major concern in implementation of this plan; • 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. In addition, there are Occupation Specific Dispensation (OSD) matters that remain unresolved; • The migration of certain functions to the Office of the Chief Justice during the 2013/14 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 above inflation increase in municipal rates, taxes and electricity costs will continue to have a negative impact of the limited budget allocation; • 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.

  22. STRATEGIC OBJECTIVES

  23. STRATEGIC OBJECTIVES Effect of budget cuts The Department’s budget allocation for 2013/14 amount to R16.7 billion. Additional allocation approved to the total of R535 million, R701 million and R1 billion over the MTEF period. A further reduction totalling R610 million has been made. Although all areas of the Department have been affected by budget cuts, the following have been severely affected: 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, Third Party Funds, personnel and Risk Management; and Inadequate funding for implementation of recently passed legislation such Child Justice Act, Sexual Offences Act and Jurisdiction of Regional Courts Amendment Act.

  24. 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; • Improving the safety and security of our service points; • Implementation of key ICT projects; • Improvement in HR management and development; • Improving the coordination of the JCPS cluster ; • Finalisation of the Truth and Reconciliation Commission (TRC) recommendations; and • Implementation of the Service Charter and related projects.

  25. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 1. Increase Compliance With Prescripts For Good Governance One of the 3 key objectives of the Department is to achieve a “No Audit Qualification” in 2012/13 and sustain this through subsequent years; An audit action plan with all findings tracked and monitored monthly through the Executive Committee has been established. The aim of this initiative is to monitor efforts of addressing findings throughout the year. This initiative will continue in the 2013/14 financial year; 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).

  26. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION • 1. Increase Compliance With Prescripts For Good Governance (continued) • d) Specific initiatives will continue to be rolled out in 2013/14 to move the Department towards an unqualified audit, and these include: • Address the remaining Third Party Funds challenges ; • (Also Ref: Maintenance Services under Programme 2) • Ongoing strengthening of capacity and skills and controls to manage the Vote Account. • The Department has established a Compliance Unit which is mandated to identify laws, regulations and internal controls which the Department must comply with, and advise the executive on the level of compliance and corrective action. It will also assist with the monitoring function. The strengthening of capacity for this unit will continue in 2013/14.

  27. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 2. Fighting Fraud And Corruption The Department will continue with the three-pronged strategy of fighting corruption, i.e., staff awareness initiatives, improved finalisation of forensic investigations and vetting of key staff members. Awareness and training sessions 36 awareness sessions, in conjunction with Justice, were completed in the 2012/13 financial year. A total of 1700 officials which include senior managers, supervisors, court managers and EXCO members attended these courses. Officials targeted for this initiative are mainly from supply chain and court management. For 2013/14 36 further sessions are planned.

  28. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 2. Fighting Fraud And Corruption (continued) b) Vetting: Although all officials go through a vetting process, special areas of emphasis are on supply chain and SMS officials; and During 2013/14 the Department planned that 115 of all senior managers will complete their integrity competence assessments (Vetting forms). c) 2.3 Forensic Investigations (Corruption, fraud, theft and maladministration) We have received 133 cases for investigation and finalized 102 cases for the period 1 April 2012 till 31 March 2013: 77%; The opening balance for old cases on 1 April 2012 was 41 and all old cases were finalized by 31 March 2013: 100%; and For 2013/14, the target finalisation rate for cases is 60% and 70% for old and new cases respectively.

  29. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION • 3. Information and Communication Technology • The Department recognises ICT as key component of service improvement and identified the implementation of appropriate systems over the MTEF period.. • R110 million and R115 million has been allocated towards ICT infrastructure for 2013/14 and 2014/15 respectively, through the Budget Review and Recommendation process. • 3 key software development projects were identified over the MTEF period. In 2013/14 financial year the Department has planned the following ICMS projects: • ICMS Civil: Lower Courts; • ICMS Masters Deceased Estate system; and • Third Party Fund System. • d) The off-site storage project has been deployed in 7 courts (5 in Gauteng, 1 in KZN and 1 in the Western Cape). The Department has perfected the off-site storage template in the Western Cape and plan to use it as a model when the project is rolled-out to other courts countrywide.

  30. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 3. Information and Communication Technology ICT infrastructure renewal projects:

  31. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 4. Human Resources Services Filing of vacancies During the first three quarters of 2012/13 financial year, the Department maintained an average vacancy rate at around 10% .This target has been achieved ahead of the public service deadline of 2014. As at 31 March 2013, the vacancy rate at senior management level was 17%. 3 strategic senior management positions were filled during 2013/14 financial year. Those were the Secretary-General: Office of the Chief Justice, Chief Director: Human Rights, Chief Director: Communications and Chief of Staff. Administrative processes to fill other strategic key senior management posts are underway. The Department plans to maintain the vacancy rate of 11% in the next financial year, given the current budget cuts.

  32. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 4. Human Resources Services b) Misconduct cases As at the end of February 2012, 291 misconduct cases were finalised, while 171 were not yet finalised. Finalised cases therefore represented 64% of the total, against the target of 75% for the year; About 176 (60%) of the case finalised resulted in dismissals, final warnings and suspensions; For the 2013/14 financial year, a target of 55% finalisation rate has been set, taking into account resource availability.

  33. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 4. Human Resources Services c) Grievance cases At the end of February 2013, 236 cases had been finalised while 266 were not yet finalised. The finalised cases represented 46% of the total, against an annual target of 60%; Out of 502 grievance cases recorded, 427 of those are on problems relating to performance assessment, salary and unfair labour practice; and For the 2013/14 financial year, a target of 40% finalisation rate has been set, taking into account resource availability.

  34. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 4. Human Resources Services d) Training As at the end of December 2012, the number of people trained by the Department through Justice College, in line with strategic objectives, is 3,805 against the target of 6500 set for the 2012/13 financial year; Repositioning of the Justice College (currently underway) will assist the Department to reposition the College as a key provider of training within the Department. For the 2013/14 financial year, Department intends to train 5000 personnel in line with key objectives and resource availability; and As at the end of December 2012 a total of 1098 judicial officers were trained by SAJEI.

  35. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 5. Improved Coordination Of The JCPS Cluster Towards The Delivery Of Outcome 3. The CJS Modernisation Programme The Integrated Justice System (IJS) Programme remains vital in the modernisation journey of the Criminal Justice System (CJS). The Cluster has identified 5 integration priorities which are packaged into 3 major programme streams to ensure focussed delivery. These priorities are around the implementation of Case related integration, Cluster business intelligence capabilities and management of persons within the CJS i.e. identification and tracking throughout the CJS. Key achievements in this programme include: Conclusion of pilots of the various case related integrations between SAPS' upgraded crime administration system (CAS) and the department's Integrated Case Management System (ICMS), which was conducted in Benoni and Cullinan Court districts. This integration entails the electronic transmission of docket information, first appearance outcomes and case status information between SAPS and DOJCD; 35

  36. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 5. Improved Coordination Of The JCPS Cluster Towards The Delivery Of Outcome 3. The CJS Modernisation Programme b) Key achievements in this programme include (Continued): ii. Piloting of NPA’s ECMS system, which will allow prosecutors to prepare charge sheets online with improved accuracy and through its integration with our ICMS system's electronic court roll functions, improve the scheduling of court appearances and the linking of court outcomes back into NPA and SAPS; iii. Creation of an integrated framework for effective management of persons i.e. identification and tracking throughout the CJS; and iv. Deployment of Video Arraignment solution to 47 Magistrates Courts linked to 22 DCS facilities. 36

  37. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 5. Improved Coordination Of The JCPS Cluster Towards The Delivery Of Outcome 3. The CJS Modernisation Programme (continued) For 2013/14, the following projects will be implemented: NPA's electronic case management system (ECMS) and its integration with the SAPS enhanced crime administration system deployed to 20 high volume Courts, where CAS and ICMS case integrations are already deployed to. The goal of ECMS is to improve the way prosecutors review dockets and through the new integrations with SAPS, enable improved case preparation and communication with the police investigating officers.; The rollout of the 28 KPI Performance Dashboard for the Criminal Justice System is also on the plan for the first 9 KPI’s during 2013/14. This Dashboard will upon this first phase of rollout provide the cluster with management tools to accurately and seamlessly measure the performance of the criminal justice system; The maintenance and support of the 47 courts to which the Video Arraignment System will continue. Five additional Courts and Correctional Centres are planned for Rollout; and A lot has been done to prepare for the Audit of IJS as required by the Portfolio Committee. 37

  38. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 6. Truth And Reconciliation Commission Individual Reparations At the beginning of 2012/13 financial year, there were 440 outstanding beneficiaries to be traced and paid. Of the 440 outstanding TRC beneficiaries, 400 has been traced of which 310 have been paid their individual reparations; and Of the 40 remaining untraced beneficiaries, 7 are living abroad, 2 have unknown addresses, and only 31 are still to be traced and paid early into the 2013/14 financial year.

  39. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 6. Truth And Reconciliation Commission b) Regulations During the 2013/14 financial year, focus will shift towards the finalisation and the implementation of regulations seeking to implement outstanding TRC recommendations; Reparations on finalised regulations will begin and therefore a new indicator on this performance has been included: Percentage of TRC victims applications processed within four months; With regard to community rehabilitation, the Department formally engaged IDT to conduct needs analysis and assist with project management. The process has started with consultations in Mamelodi and Alexander. Development of regulations will follow and thereafter implementation will begin; All costs associated with the development of the regulations have been funded through the Vote Fund and not the President’s Fund.

  40. STRATEGIC OBJECTIVES PROGRAMME 1: ADMINISTRATION 7. Service Charter and Customer Service Service Charter and Standards Since the approval of the service charter and standards, the Department embarked on training officials to facilitate the implementation of these standards. The Department also continues to measure and improve performance on the standards through its lean management process implemented in identified courts; and The Department has finalised a Service Delivery Improvement Plan in the Masters and Maintenance areas. A new indicator for reporting against the SDIP has been introduced. Presidential Hotline The Department completed 84% of Presidential Hotline cases during the 2012/13 financial year (Statistics up to December 2012) above target of 80%; Over the MTEF period, the Department planned to complete 85% of all Presidential Hotline cases received. 40

  41. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES PURPOSE The purpose of this programme is to facilitate the resolution of criminal, civil and family law disputes by providing accessible, efficient and quality administrative support to the courts and by managing court facilities. OVERVIEW The discussion focuses on the key areas of this programme, namely: 1. Case finalisation and service delivery,; 2. Access to justice; 3. Protection of vulnerable groups, and 4. Constitutional advocacy.

  42. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES 1: Case Finalisation And Service Delivery Part of the core function of the Department is the facilitation of finalisation of cases, and the key focus areas for this MTEF period are: Facilitation of finalisation of case backlogs; Support in finalisation of family law cases; Finalisation of quasi-judicial services; and Reintroduction of dedicated sexual offences courts.

  43. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES  1. Case Finalisation And Service Delivery Case Backlog Project The Department, jointly with the NPA and members of the Judiciary have since 2006 implemented a case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts. The aim of this intervention is to ensure that the inflow of the number of new cases is balanced by the number of matters concluded The role of the Department is to provide additional resources and infrastructure for dealing with these cases. From the inception of the backlog reduction intervention in November 2006 until the end of February 2013, the regional and district courts successfully removed the following cases from the court rolls as indicated in the table below: 43

  44. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES • 1. Case Finalisation and Service Delivery • Resolving Family Advocate cases • The objective of the Office of the Family Advocate is to mediate where there are disputes in family law related matters in order to protect the interests of the minor children; • Although the legislation requires the speedy finalisation of matters involving the interests of the minor children which led to 100% target of mediated cases of children of unmarried fathers, by the third quarter only 22% of these cases were mediated. Similarly, performance on the filing of court reports within 15 days of completion of a matter was at 10%, against a target of 50%. The Children’s Act is under the custody of the Department of Social Development but all matters to be mediated are now solely handled by DOJCD (Family Advocate).

  45. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES • 1. Case Finalisation and Service Delivery • Resolving Family Advocate cases • b) There is a need to review the existing secondary legislation and allocate adequate funding to provide family advocate with necessary resources. For examples, provinces such as Limpopo, North West, Free State, Northern Cape and Mpumalanga each have one office to serve a whole province with between 3 and 4 advocates per office. • c) The Family Advocate has been adversely affected by the Jurisdiction of Regional Court amendment Act of 2008 and the implementation of OSD in the Department. Since the implementation of OSD, they have been failing to attract good Family Counsellors (Social Workers). Therefore, reprioritisation of funding on its own will not solve the problem; • d) For the 2013/14 financial year, the following adjustments to indicators were made: • The indicator has been adjusted to include all cases and reads “Percentage of non-litigation family law matters mediated” and the target is 15%; • The method of calculation has been adjusted and the indicator remains “Percentage of family advocates court reports filed within 15 days of completion of enquiry”.

  46. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES • 1. Case Finalisation and Service Delivery • c) Improving quasi-judicial services • In support for improving service delivery within the Department, quasi-judicial services led by the DOJCD staff need to form part of this important initiative; • Two services, default judgments by the Clerks of Court and taxation services have been included in the Departmental strategic plan and APP measure service improvements; • During the 2012/13 financial year, efforts have been focused on improvement of case registers in order to get a better-supported performance report; and • The Department will continue with efforts to ensure that all cases are finalised within the stipulated time frame of 14 days. For 2013/14, the target for default judgments by the clerk in district courts and unopposed taxations are 50% and 65%, respectively. The 15% decrease in the unopposed tax targets are due to the new processes.

  47. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES 2. Access To Justice In 2012/13 financial year, two courts under construction were South Gauteng High Court (refurbishment) and the Polokwane High Court. The following courts were completed in 2012: Katlehong, Ntuzuma, and Gelvandale. The Ntuzuma Magistrate Court is expected to be occupied in May 2013. With regard to the programme on the alignment of magisterial districts with municipal boundaries a Discussion Document containing proposed changes to the current areas of jurisdiction of the courts has been compiled and consultation with the Judicial Service Commission, Magistrates Commission, other key stakeholders, the affected communities are on-going. The changes will be implemented incrementally consistent with the vision of the NDP of addressing the legacy of inequality and deprivation occasioned by racially-based spatial planning of the past. Establishment of small claims courts in all the 387 magisterial districts will continue. For the 2013/14 financial year the Department plans to : Convert 5 branch courts to full service courts and Establish 14 new small claims courts. Complete the alignment 20 magisterial districts to municipal boundaries

  48. Major Projects Undertaken In 2012/13: STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES 2. Access To Justice * Polokwane High Court was due for completion in October 2012, however, the contractor moved offsite and terminated the contract due to non-performance and cash-flow problems. The Department anticipate the new contractor to be on the site at the beginning of May 2013. and completion expected in October 2014.

  49. MTEF Capital Expenditure Project List STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES 2. Access To Justice

  50. STRATEGIC OBJECTIVES PROGRAMME 2: COURT SERVICES • 3: Protection Of Vulnerable Groups • 3.1 Improved delivery of Maintenance Services • In 2011/12, a four-year turnaround plan for maintenance services was initiated to focus on the entire maintenance value chain which includes application procedures, application processing, payments and punitive measures for defaulting parents. • Since the implementation of this initiative, the following has been achieved in 2011/12 and 2012/13 financial years: • Business process re-engineering (lean management) pilot in nine sites: • Appointment and training of maintenance officers; • EFT payments to date have an average turnaround time of four days to process payments; • Braille to accommodate people with disabilities was piloted in two schools in Limpopo; • Introduction of Mediation services ; and • Standardised signage and audio-visuals materials for the information screens mounted in each an every maintenance services waiting room.

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